Activities of Lídia PEREIRA
Plenary speeches (22)
Statement by the candidate for President of the Commission (debate)
Announcement by the President – Election of the European Ombudsman
State of the Energy union (debate)
The devastating floods in Central and Eastern Europe, the loss of lives and the EU’s preparedness to act on such disasters exacerbated by climate change (debate)
The extreme wildfires in Southern Europe, in particular Portugal and Greece and the need for further EU climate action on adaptation and mitigation (debate)
The extreme wildfires in Southern Europe, in particular Portugal and Greece and the need for further EU climate action on adaptation and mitigation (debate)
Topical debate (Rule 169) - Taxing the super-rich to end poverty and reduce inequalities: EU support to the G20 Presidency’s proposal (topical debate)
The rise of religious intolerance in Europe (debate)
Empowering the Single Market to deliver a sustainable future and prosperity for all EU citizens (debate)
Empowering the Single Market to deliver a sustainable future and prosperity for all EU citizens (debate)
U-turn on EU bureaucracy: the need to axe unnecessary burdens and reporting to unleash competitiveness and innovation (topical debate)
Abuse of new technologies to manipulate and radicalise young people through hate speech and antidemocratic discourse (debate)
The devastating floods in Spain, the urgent need to support the victims, to improve preparedness and to fight the climate crisis (debate)
UN Climate Change Conference 2024 in Baku, Azerbaijan (COP29) (debate)
Fight against money laundering and terrorist financing: listing Russia as a high-risk third country in the EU (debate)
The outcome of the G20 Leaders' Summit (debate)
The Autumn 2024 Economic Forecast: a gradual rebound in an adverse environment (debate)
The Autumn 2024 Economic Forecast: a gradual rebound in an adverse environment (debate)
Outcome of COP 29 and challenges for international climate policy (debate)
Outcome of COP 29 and challenges for international climate policy (debate)
Urgent need to tackle the gender pay gap (debate)
Political and humanitarian situation in Mozambique (debate)
Institutional motions (3)
MOTION FOR A RESOLUTION on the devastating floods in central and eastern Europe, the loss of lives and the EU’s preparedness to act on such disasters exacerbated by climate change
JOINT MOTION FOR A RESOLUTION on the devastating floods in central and eastern Europe, the loss of lives and the EU’s preparedness to act on such disasters exacerbated by climate change
MOTION FOR A RESOLUTION on the UN Climate Change Conference 2024 in Baku, Azerbaijan (COP29)
Oral questions (2)
2024 UN Climate Change Conference in Baku, Azerbaijan (COP29)
2024 UN Climate Change Conference in Baku, Azerbaijan (COP29)
Written explanations (39)
Objection pursuant to Rule 115(2) and (3), and (4)(c): Maximum residue levels for carbendazim and thiophanate‐methyl
Considero esta objeção contrária à segurança alimentar da União Europeia e aos interesses dos agricultores europeus. Esta objeção, votada em plenário, acarreta responsabilidades, nomeadamente:1. Manter os Limites Máximos de Resíduos (LMR) existentes atualmente definidos na legislação, em vez de reduzir os níveis de pesticidas tolerados. Estes pesticidas, além de serem cada vez menos necessários, representam uma preocupação para a saúde dos consumidores;2. Permite que agricultores de países terceiros beneficiem do status quo, uma vez que poderão continuar a exportar uma gama maior de culturas contendo resíduos desses pesticidas até limites não autorizados na UE;3. Como consequência, vai contra o interesse dos agricultores da UE, que não podem usar essas substâncias na UE e beneficiariam de uma concorrência mais justa se os LMR mais baixos propostos pela Comissão fossem aplicados aos produtos de agricultores de países terceiros que exportam para a UE.As nossas decisões devem ser baseadas na ciência. Não há justificação científica que forneça uma base legal para uma proposta alterada que reduza todos os LMR, como solicitado pelos objetores. Pelo exposto, voto contra a objeção apresentada.
Objection pursuant to Rule 115(2) and (3), and (4)(c): Maximum residue levels for cyproconazole
Considero esta objeção contrária às indicações científicas e técnicas. A Autoridade Europeia para a Segurança dos Alimentos (EFSA) realizou avaliações rigorosas de risco baseadas na ciência, confirmando que os LMR propostos não representam risco para os consumidores. As avaliações consideram valores de referência toxicológica, incluindo a Ingestão Diária Aceitável e a Dose de Referência Aguda. No caso do ciprocanozol, embora seja classificado como tóxico para a reprodução, a EFSA estabeleceu níveis de exposição seguros, abaixo dos quais não ocorrem efeitos adversos. Nos casos do carbendazim e do tiofanato-metilo, após a avaliação da EFSA devido a preocupações sobre a sua classificação, foi confirmado que os LMR propostos são seguros para os consumidores. Com as objeções a serem aprovadas em plenário, não se espera uma nova proposta semelhante da Comissão num futuro próximo, o que significa que todos os LMR para as 315 mercadorias alimentares permanecerão nos níveis atuais, representando uma ameaça à saúde dos consumidores da UE e uma concorrência desleal para os nossos agricultores em todas as 315 mercadorias. Pelo exposto, voto contra esta objeção.
Continued financial and military support to Ukraine by EU Member States
A Ucrânia e o seu povo têm demonstrado uma enorme coragem e determinação na defesa do seu país, apesar dos ataques indiscriminados das forças russas contra zonas residenciais e infraestruturas civis, como hospitais.O número de mortos, feridos e deslocados tem vindo a aumentar de forma proporcional aos bombardeamentos e ataques com drones contra a Ucrânia. Estes ataques são responsáveis, de forma deliberada, pela destruição ou danificação de cerca de 80% das infraestruturas energéticas do país. Antecipa-se uma nova e alarmante crise energética na Ucrânia, à medida que nos aproximamos da estação fria, particularmente desafiante.Este cenário de guerra exige da União um esforço ainda maior no apoio ao povo ucraniano. A UE tem sido um dos aliados mais próximos da Ucrânia nos domínios financeiro, humanitário ou militar. Temos sido solidários e apoiado de forma incondicional a independência, a soberania e a integridade territorial da Ucrânia. Todos os esforços deverão ser encetados para que o apoio à Ucrânia, nomeadamente o financeiro e o humanitário, seja ainda maior.Na resolução aprovada, o Parlamento Europeu firmou esse mesmo compromisso e contrariou a narrativa de Putin que aposta na fadiga da guerra da parte dos ucranianos e seus aliados. Não falharemos.
Situation in Venezuela
Nicolás Maduro perdeu as eleições presidenciais na Venezuela. Ainda assim, mantém-se no poder, impune, alheio ao resultado do escrutínio eleitoral. Os relatórios das missões internacionais de observação eleitoral indicam claramente que as eleições presidenciais não cumpriram com as normas internacionais de integridade e transparência eleitoral.O regime de Maduro, um regime opressivo e que recorre a todo e qualquer meio para silenciar os seus opositores - como, aliás, fez com María Corina Machado -, controla a Comissão Nacional de Eleições que se recusa a divulgar as atas eleitorais. À União Europeia, em nome da democracia e pela sua defesa, cumpre garantir que a vontade do povo venezuelano é respeitada. Essa é, além do mais, a única forma de garantirmos que os direitos humanos são respeitados e que a tirania de Nicolás Maduro tem um fim.María Corina Machado e Edmundo González são os líderes da oposição e o rosto de tantos outros injustamente perseguidos e detidos. Edmundo González é o presidente legítimo, eleito democraticamente, da Venezuela. Deve, por isso, ser reconhecido como tal para que possa iniciar funções enquanto presidente a 10 de janeiro de 2025.
Devastating floods in Central-Eastern Europe, loss of lives and EU preparedness to act on such disasters
A Europa assistiu desolada à gravidade das inundações devastadoras que assolaram a Europa Central e Oriental e, em particular, à perda de vidas humanas. Mais recentemente, outras catástrofes, nomeadamente graves incêndios, assolaram a Grécia e, particularmente, Portugal.Esta resolução destaca o papel incansável das corporações de bombeiros e apresenta caminhos necessários para a melhoria da resposta. É necessário um equilíbrio entre uma resposta imediata e coordenada da UE às catástrofes, o desenvolvimento sustentável a longo prazo e uma adaptação realista às alterações climáticas.Esta resolução aponta propostas concretas para a melhoria da capacidade de resposta do Mecanismo Europeu de Proteção Civil, como a criação de uma frota permanente europeia. É fundamental que o apoio financeiro e técnico seja eficiente e, ao mesmo tempo, sujeito a uma gestão transparente. Devemos fortalecer as regiões mais vulneráveis a essas catástrofes, promovendo o desenvolvimento de capacidades locais e regionais, garantindo que as soluções reflitam as realidades locais.Pelo exposto, voto favoravelmente a resolução em causa.
Moldova's resilience against Russian interference ahead of presidential elections, EU integration referendum
A República da Moldávia realizará eleições presidenciais e um referendo constitucional sobre a integração do país na UE, num momento particularmente sensível em que a ingerência russa e a campanha de desinformação são constantes. O regime de Putin tem recorrido à chantagem económica, ao financiamento ilegal de partidos políticos, a ciberataques e a outros meios híbridos para comprometer a estabilidade, a soberania, a ordem constitucional e as instituições democráticas da República da Moldávia.A Moldávia é um país candidato à adesão à UE e é de assinalar todo o esforço e empenho neste processo. O apoio da União e dos seus Estados-Membros deverá ser total, especialmente durante um ato eleitoral e durante um referendo, importantes momentos de democracia direta. À União Europeia cumpre assegurar que a Moldávia recebe toda a assistência necessária para reforçar os seus mecanismos institucionais e a sua capacidade de resposta a ameaças híbridas.As falsas narrativas russas utilizadas, nomeadamente, como forma de justificar a guerra contra a Ucrânia, são uma ameaça à democracia europeia e instam a União a um compromisso claro com os seus valores, nomeadamente na sua projeção na política externa.
The democratic backsliding and threats to political pluralism in Georgia
A União Europeia está do lado do povo georgiano e das suas aspirações europeias. Para que a Geórgia adira à UE, deverá adotar medidas que a aproximem dos valores europeus, que respeitem os direitos humanos, o Estado de direito e a democracia.Infelizmente, o atual cenário político é de completo retrocesso democrático. A adoção da lei relativa à transparência da influência estrangeira e da lei sobre os valores da família e a proteção de menores são exemplos desse mesmo retrocesso e da forma como o governo tem violado constantemente as liberdades dos georgianos.A censura dos meios de comunicação social, as restrições às vozes críticas e a discriminação de pessoas vulneráveis são incompatíveis com os princípios democráticos da UE e contrários às ambições europeias dos georgianos. O clima de ódio e de repressão alimentado por declarações de dirigentes do Governo da Geórgia e os ataques ao pluralismo político são contrários a tudo o que a UE representa. A brutalidade policial é crescente, as perseguições constantes e as consequências de se ser pró-europeu são cada vez mais duras.A vontade dos georgianos nas próximas eleições tem que ser respeitada. Disso dependerá o futuro democrático da Geórgia.
Establishing the Ukraine Loan Cooperation Mechanism and providing exceptional macro-financial assistance to Ukraine
A criação do Mecanismo de Cooperação para Empréstimos à Ucrânia é um passo estratégico para assegurar que o apoio da União Europeia à Ucrânia se mantenha forte, previsível e sustentável. Não só permite cobrir as necessidades financeiras mais imediatas do país, como também garante um apoio a curto e médio prazo para a sua recuperação e modernização, especialmente no contexto da contínua agressão russa. Este Mecanismo é particularmente inovador pois é financiado pelas receitas extraordinárias provenientes da imobilização de ativos soberanos russos, uma abordagem que permite uma canalização responsável de fundos para a Ucrânia sem sobrecarregar os orçamentos dos Estados-Membros. Esta decisão garante, assim, que o apoio europeu é financeiramente sustentável e se traduz em impactos reais no terreno.Mais do que um apoio financeiro, este Mecanismo é uma mensagem inequívoca de que a Europa está e estará ao lado da Ucrânia, até que esta possa alcançar uma paz justa e duradoura.Por todas estas razões, votei a favor desta resolução.
Draft amending budget No 2/2024: entering the surplus of the financial year 2023
O projeto de orçamento retificativo (POR) n.º 2/2024 visa inscrever no orçamento de 2024 o excedente resultante do exercício de 2023, que ascende a 633 milhões de EUR. A integração do excedente no Orçamento de 2024 permitirá reduzir a contribuição total dos Estados-Membros para o financiamento do orçamento de 2024, numa altura em que as necessidades de financiamento continuam a ser elevadas e o espaço de manobra no orçamento da União é extremamente limitado. A redução considerável do excedente do exercício de 2023, face ao ano de 2022, aponta para uma melhoria das previsões e da gestão orçamentais por parte da Comissão, revelando mais eficácia e eficiência, bem como uma melhoria na execução orçamental. Por todas estas razões, votei a favor deste relatório.
Draft amending budget 4/2024: update of revenue (own resources) and adjustments to some decentralised agencies
O projeto de orçamento retificativo (POR) n.º 4/2024 visa, em primeiro lugar, atualizar as receitas inscritas no orçamento, tendo em conta a evolução mais recente no que diz respeito à execução corrente, bem como às previsões atualizadas dos valores inscritos para os recursos próprios no orçamento de 2024. Em segundo lugar, o POR n.º 4/2024 inclui ajustes específicos em termos de despesas do orçamento em relação a várias agências descentralizadas, em conformidade com as tarefas que lhes são atribuídas ao abrigo de legislação recentemente adotada, ajustando o orçamento às atuais necessidades. Serão reforçadas as verbas da Agência da União Europeia para a Cibersegurança (ENISA), da Agência da União Europeia de Cooperação dos Reguladores da Energia (ACER), da Agência da União Europeia para o Programa Espacial (EUSPA), da Agência Europeia de Medicamentos (EMA), da Agência da União Europeia para a Cooperação Judiciária Penal (Eurojust) e da Agência da União Europeia para a Gestão Operacional de Sistemas Informáticos de Grande Escala no Espaço de Liberdade, Segurança e Justiça (eu-LISA), permitindo que as agências continuem a desempenhar eficientemente os mandatos que lhes são confiados, materializando as políticas e os programas. Por estas razões, votei a favor deste relatório.
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2024/001 BE/Match-Smatch
A proposta visa ativar o Fundo Europeu de Ajustamento à Globalização (FEG), destinado a apoiar trabalhadores despedidos, facilitando o seu regresso ao mercado de trabalho ou ao empreendedorismo.A Bélgica submeteu esta candidatura para enfrentar despedimentos no setor do comércio a retalho, afetando 513 trabalhadores das empresas Match-Smatch (Match SA e Profi SA), que enfrentaram dificuldades económicas.Propõe-se mobilizar 2 661 564€ do FEG, cobrindo 85 % dos custos das ações de reintegração.Por reconhecer a importância de apoiar trabalhadores e empresas face aos desafios da globalização, votei favoravelmente esta proposta.
Discharge 2022: EU general budget – European Council and Council
Desde 2009, o Parlamento Europeu tem recusado conceder a quitação aos orçamentos anuais do Conselho, devido à falta de cooperação adequada por parte deste último, que dificulta uma análise informada e rigorosa da sua gestão orçamental.Em setembro de 2023, o Parlamento enviou um questionário com 74 perguntas ao secretariado do Conselho, com o objetivo de facilitar um controlo exaustivo. No entanto, ao contrário das outras instituições que forneceram respostas detalhadas, o Conselho não respondeu de forma satisfatória. Esta falta de transparência compromete a nossa capacidade de realizar um controlo sério e eficaz.A decisão de adiar a quitação ao Conselho Europeu e ao Conselho reflete o nosso compromisso com a integridade do processo de controlo orçamental e com a necessidade de assegurar que todas as instituições executem os seus orçamentos de forma transparente e responsável.Continuaremos a exigir plena cooperação para que possamos cumprir o nosso papel fiscalizador do orçamento europeu. A decisão de adiar a quitação pela execução do orçamento de 2022 reflete também uma linha de decisões dos últimos anos, motivada pela contínua falta de cooperação do Conselho no processo de quitação.Posto isto, e em coerência com este compromisso, votei a favor.
Draft general budget of the European Union for the financial year 2025 – all sections
Através das alterações orçamentais, o Parlamento modifica a proposta de orçamento (PO) transmitida pelo Conselho. Estas alterações implicam a alteração dos valores, mas também de outros elementos, como as observações orçamentais. O Parlamento opõe-se à posição do Conselho sobre a PO 2025 que pretende cortar a proposta da Comissão em 1,52 mil milhões de EUR. A proposta do Parlamento repõe as dotações cortadas pelo Conselho e aumenta as principais prioridades para o PE.Destaco o aumento das verbas para o Horizonte Europa, o InvestEU, o Programa Erasmus+, o programa Europa Digital, os apoios à agricultura e aos jovens agricultores, a promoção do consumo dos produtos agrícolas da União, o Mecanismo Europeu de Proteção Civil, o Frontex, os programas na área da defesa, a Procuradoria Europeia e a cooperação com África e o Mediterrâneo. O nível global de dotações para o orçamento de 2025 (todas as secções) é fixado em 200.952.321.695 EUR em dotações de autorização, o que representa um aumento de 1.235.512.593 EUR face à proposta da Comissão.Por estas razões, e sendo fundamental conferir um mandato claro à equipa negocial do Parlamento para a Conciliação, votei a favor das alterações orçamentais.
General budget of the European Union for the financial year 2025 – all sections
O objetivo da resolução que acompanha as alterações orçamentais é explicar as principais escolhas políticas feitas pelo Parlamento, reforçando o mandato dos negociadores do Parlamento para a Conciliação com o Conselho. O texto original apresentado, resultante das negociações e do compromisso alcançado entre o relator e os principais grupos políticos, além de referir a oposição clara do Parlamento aos cortes propostos pelo Conselho à Proposta de Orçamento, elenca as prioridades do PE para o próximo ano e fundamenta as alterações orçamentais propostas e os aumentos das dotações em áreas-chave como a competitividade, segurança, defesa, inovação, agricultura e proteção das fronteiras externas, assim como justifica a visão do Parlamento sobre a aplicação do mecanismo de cascata ao pagamento dos custos adicionais com o financiamento da rubrica do IRUE.Apesar de ter votado contra as alterações 30 e 45, que defendem fundos para a construção de «muros» e «barreiras físicas», e contra a alteração 46, que pretende financiar «centros de regresso fora da União» para migrantes, as mesmas foram aprovadas. No entanto, por ser essencial conferir um mandato claro e fundamentado à equipa negocial do Parlamento para a Conciliação e considerando o texto final na sua totalidade, votei a favor desta resolução.
Guidelines for the employment policies of the Member States
Estas diretrizes para o emprego apresentam-se como recomendações importantes para os Estados-Membros, numa área em que a União Europeia não tem muitas competências. Apelam para a promoção de salários dignos e mercados de trabalho inclusivos, com especial referência para a diminuição do fosso salarial entre homens e mulheres, para que as diferenças remuneratórias sejam progressiva e rapidamente esbatidas. Fazem referência à necessidade urgente de promover o emprego em regiões mais isoladas, remotas e rurais e nas regiões ultraperiféricas.No entanto, o relatório não conseguiu evitar algumas referências fora de escopo, seja no texto da Comissão Europeia, seja nas alterações apresentadas por alguns grupos políticos do Parlamento Europeu, que apelam para a adoção de determinados sistemas fiscais, da exclusiva competência dos Estados-Membros, ou a apresentação de valores e políticas de financiamento que confundem o orçamento anual da UE e o quadro financeiro plurianual, que, além de tecnicamente errados, podem retirar força e credibilidade ao texto final.Ainda assim, o relatório apresenta-se equilibrado e capaz de se revelar um bom instrumento de orientação dos Estados-Membros, razão pela qual o votei favoravelmente.
Urgent need to revise the Medical Devices Regulation
Votei favoravelmente esta resolução, pois reconheço a importância dos dispositivos médicos na garantia de cuidados de saúde de qualidade na União Europeia.A melhoria do quadro regulamentar, conforme proposto, é essencial para assegurar a segurança, transparência e inovação neste setor. As disparidades no acesso a dispositivos médicos, especialmente em áreas cruciais como as doenças raras e pediátricas, devem ser abordadas urgentemente.A proposta de simplificar os processos regulatórios e apoiar as PME contribuirá para um acesso mais equitativo e eficaz às tecnologias de saúde, beneficiando milhões de doentes e profissionais de saúde em toda a Europa.
Situation in Azerbaijan, violation of human rights and international law and relations with Armenia
O Parlamento Europeu é claro na condenação à repressão exercida pelo regime do Azerbaijão sobre ativistas, jornalistas, líderes da oposição e, inclusive, cidadãos europeus. Defensores dos direitos humanos, nomeadamente Gubad Ibadoghlu – figura da oposição e um dos finalistas do Prémio Sakharov de 2024 – têm sido alvo de detenções arbitrárias, vítimas de tortura e encarceramentos desumanos às mãos de um regime que tem sucessivamente ignorado o próprio Acordo de Parceria e Cooperação entre a UE e o Azerbaijão e as decisões do Tribunal Europeu dos Direitos Humanos.No Parlamento Europeu, reconhecemos e defendemos a soberania e integridade territorial do Azerbaijão e da Arménia. Não seremos coniventes na agressão militar perpetrada pelo Azerbaijão, muitas vezes levada a cabo com recurso à força e a ameaças híbridas, numa tentativa de desestabilizar a situação política na Arménia.A aprovação da primeira medida de assistência, no âmbito do Mecanismo Europeu de Apoio à Paz, para apoiar as forças armadas arménias, merece o meu total apoio. É essencial que a paz seja restabelecida entre a Arménia e o Azerbaijão e que sejam criadas as condições para a assinatura de um acordo de paz, um acordo há muito aguardado.Votei a favor.
People’s Republic of China’s misinterpretation of the UN resolution 2758 and its continuous military provocations around Taiwan
Taiwan é um parceiro estratégico e um aliado democrático da UE.Infelizmente, a República Popular da China (RPC), apelidada pela Presidente da Comissão Europeia de «rival sistémico», tudo tem feito para alterar o equilíbrio do poder na região do Indo-Pacífico, atacando diretamente Taiwan com exercícios militares injustificados, contínuas provocações militares e campanhas de desinformação hostis destinadas a minar a confiança na democracia e na governação em Taiwan. As declarações do Presidente chinês Xi Jinping de que a RPC nunca renunciará ao direito de utilizar a força em relação a Taiwan não podem ser ignoradas.É de louvar, apesar de tudo isto, a reação de Taiwan às tentativas de alterar a situação geopolítica no estreito de Taiwan através da força e coerção. A coragem e resiliência do povo taiwanês devem servir de exemplo e de mote para que a UE aprofunde ainda mais a colaboração com Taiwan e reforce a cooperação estrutural na luta contra a desinformação e a ingerência estrangeira. Estaremos sempre do lado daqueles que lutam pela democracia e pela paz e em nome destas.Reconhecer a política «uma só China» não é, não pode ser, reconhecer o direito a uma invasão.Votei a favor.
Deforestation Regulation: provisions relating to the date of application
A Comissão Europeia propôs adiar por um ano a aplicação do regulamento relativo à desflorestação, respondendo a preocupações de Estados-membros, países terceiros, comerciantes e operadores. Este adiamento, é essencial para permitir que todos cumpram plenamente as suas obrigações.Grandes operadores e comerciantes terão até 30 de dezembro de 2025 para se adaptar, enquanto micro e pequenas empresas terão até 30 de junho de 2026. Este prazo adicional é crucial para uma implementação eficaz e justa das novas regras.A criação de uma nova categoria de países "sem risco" de desflorestação, com requisitos menos rigorosos, é uma medida importante para garantir que os esforços sejam proporcionais ao risco real.A decisão de devolver o dossiê à Comissão do Ambiente para negociações interinstitucionais demonstra o compromisso do Parlamento em alcançar um consenso robusto. A aprovação final pelo Conselho e pelo Parlamento será um passo decisivo na luta contra a desflorestação global.Dado o impacto significativo da desflorestação nas alterações climáticas e na perda de biodiversidade, votei a favor destas alterações para fortalecer a nossa capacidade de proteger as florestas.
Electronic value added tax exemption certificate
Este relatório compreende uma alteração muito concreta e precisa à Diretiva 2006/112/CE do Conselho, de 28 de Novembro de 2006, relativa ao sistema comum do imposto sobre o valor acrescentado, comummente designada como “Diretiva IVA”. Pelo seu caráter eminentemente técnico, pela sua natureza consensual na alteração cirúrgica que representa e pela importância que, ainda assim, reveste o problema que pretende resolver, o Parlamento decidiu - a meu ver, bem - adotar um procedimento simplificado, sem emendas. Este procedimento permitiu ao Parlamento emitir a sua opinião em tempo que permita a adoção célere desta alteração, o que se saúda.Acompanho a preocupação relativa à simplificação de procedimentos relativos ao IVA, nomeadamente em matéria de isenções. De resto, confio que esse esforço pontue o mandato da próxima Comissão Europeia, como é compromisso da sua Presidente eleita. Neste caso específico, trata-se de reduzir a burocracia relativa aos certificados de isenção, no sentido de uma progressiva digitalização destes processos. Além disso, o foco está em situações muito particulares, relativas a isenções diplomáticas e militares. Creio que a opinião é adequada e permite uma adoção rápida desta alteração.
Faster and Safer Relief of Excess Withholding Taxes
A matéria de retenção na fonte de imposto devido pelos cidadãos é fundamental para salvaguardar os direitos dos europeus enquanto contribuintes. Considero que também esta matéria faz parte da soberania fiscal nacional dos nossos Estados-Membros, mas reconheço a mais valia de uma coordenação, troca de informação e cooperação mais próximas no sentido de reduzir as situações de excesso de impostos retidos na fonte.Assim, acompanhei a opinião do Parlamento de Fevereiro de 2024 e, neste processo de reconsulta, lamento que não se tenha ido tão longe quanto a proposta original e mesmo a posição do Parlamento indicava. Todavia, respeito a posição do Conselho, como instituição competente para decidir e destaco a preocupação partilhada com a necessária introdução de um certificado eletrónico de residência fiscal. O espaço de autonomia para que os Estados-Membros mantenham sistemas eficazes em vigor garante, também, o respeito pela sua soberania fiscal.Considero que esta proposta concorre para o objetivo político fundamental da simplificação e da redução de burocracia e encargos administrativos, pelo que entendi ser importante apoiar esta proposta, no processo de reconsulta, esperando que as novas regras possam entrar rapidamente em vigor.
Amendment of the EIB's Statute
O atual rácio máximo de endividamento do BEI, de 250 %, restringe a capacidade para cumprir o roteiro estratégico para 2024-27. O Conselho de Governadores do BEI decidiu, por unanimidade, aumentar o rácio de endividamento do Banco para 290 %, a fim de permitir que o Banco capitalize todo o seu potencial apoiando as prioridades da UE e colmatando défices de investimento.Esta alteração é um alinhamento com as normas financeiras atuais, salvaguardando que quaisquer alterações estatutárias não comprometem a disciplina financeira ou a transparência. Mantém-se o requisito da unanimidade, garantindo que as revisões dos rácios continuarão a ter o apoio de todos os Estados-Membros, preservando o equilíbrio de poderes.Entendo ser uma alteração que, sendo cirúrgica, aporta à capacidade operacional do BEI.
UN Climate Change Conference 2024 in Baku, Azerbaijan (COP29)
Votei favoravelmente à posição do Parlamento Europeu para a COP 29. Esta resolução visa estabelecer um novo objetivo coletivo pós-2025 para o financiamento da luta contra as alterações climáticas. A resolução pede que a COP 29 envie um "sinal inequívoco" para o abandono dos combustíveis fósseis, em linha com o compromisso assumido na COP 28. Defendemos que todos os países eliminem progressivamente os subsídios diretos e indiretos aos combustíveis fósseis e redirecionem esses recursos para a ação climática.A COP 29, realizada em Bacu, Azerbaijão, de 11 a 22 de novembro, tem como objetivo avaliar os progressos em relação aos objetivos climáticos e obter apoio financeiro para novas ações climáticas. Apoiei esta posição porque acredito que é crucial para avançarmos na luta contra as alterações climáticas, promovendo um financiamento adequado e o abandono dos combustíveis fósseis. Esta resolução fortalece a ação climática global e ajuda a cumprir os objetivos do Acordo de Paris.
EU actions against the Russian shadow fleets and ensuring a full enforcement of sanctions against Russia
Desde o início da invasão da Ucrânia pela Rússia que a UE tem vindo a impor medidas restritivas e sanções em grande escala e sem precedentes contra a Rússia, uma forma de enfraquecer estrategicamente a base económica e industrial russa. A Rússia é um dos maiores produtores de petróleo, uma fonte de financiamento chave para Putin. Por isso, entre os pacotes de sanções aprovados pelo Conselho, constam sanções contra o petróleo russo — a sua importação e transporte por mar — e sanções dirigidas a navios russos.Infelizmente, países como o Irão, a Venezuela e a Coreia do Norte têm usado frotas próprias para apoiar a Rússia, contornando as sanções da UE. Estas «frotas-fantasma» incluem, pelo menos, 600 petroleiros em todo o mundo que, além de permitirem o transporte e a venda de petróleo russo, representam um perigo ambiental por se tratarem de petroleiros mais antigos e poluentes. É, por isso, necessário adotar sanções mais específicas, que incidam sobre estas frotas e seus proprietários.De forma ativa, a Rússia tem conseguido contornar as sanções europeias. Da nossa parte, devemos ser intransigentes e incisivos, especialmente durante o inverno que se avizinha difícil para os ucranianos.
Objection pursuant to Rule 115(2) and (3): Genetically modified maize MON 89034 × 1507 × NK603
A engenharia genética para reduzir a altura das plantas pode aumentar a resistência a condições adversas e melhorar a eficiência agrícola. Apesar das preocupações levantadas sobre os efeitos do miRNA artificial e a redução dos níveis de giberelinas, a EFSA concluiu que o milho GM é tão seguro quanto suas contrapartes convencionais. A segurança alimentar e ambiental é uma prioridade, e a avaliação rigorosa da EFSA deve ser considerada.Além disso, a redução da dependência de importações de alimentos e rações é uma lição importante da crise da COVID-19 e da guerra na Ucrânia. A aprovação deste milho GM pode contribuir para a segurança alimentar da União Europeia, promovendo a sustentabilidade e a resiliência do setor agrícola.Votei, por isso, contra a resolução que não autorizava o milho GM MON 89034 × 1507 × NK603, por confiar na ciência e nas avaliações de segurança realizadas, e reconhecendo a necessidade de inovação para enfrentar os desafios futuros.
Objection pursuant to Rule 115(2) and (3): Genetically modified cotton COT102
Votei contra a resolução que não autorizava a colocação no mercado de produtos que contenham, sejam constituídos por ou sejam produzidos a partir de algodão geneticamente modificado COT102. A crise da COVID-19 e a guerra na Ucrânia sublinharam a necessidade urgente de reduzir a dependência da União Europeia de importações de alimentos para animais. A aprovação deste algodão GM pode contribuir significativamente para essa independência.Apesar das preocupações levantadas sobre a inclusão de genes de resistência a antibióticos (MRA) no algodão geneticamente modificado, a EFSA concluiu que o algodão GM é seguro para a saúde humana, animal e para o ambiente. A resistência antimicrobiana é uma questão séria, mas a avaliação rigorosa da EFSA deve ser considerada confiável.Além disso, a inovação no setor agrícola é essencial para enfrentar os desafios futuros e garantir a sustentabilidade e a resiliência do setor. A autorização deste algodão GM pode promover esses objetivos, reduzindo a dependência de importações e fortalecendo a segurança alimentar da União Europeia.Por estas razões, votei contra a resolução que proibia a utilização do algodão GM COT102, confiando na ciência e nas avaliações de segurança realizadas, e reconhecendo a necessidade de inovação para enfrentar os desafios futuros.
Objection pursuant to Rule 115(2) and (3): Genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 and eight of its sub-combinations
A engenharia genética para reduzir a altura das plantas pode aumentar a resistência a condições adversas e melhorar a eficiência agrícola. Apesar das preocupações levantadas sobre os efeitos do miRNA artificial e a redução dos níveis de giberelinas, a EFSA concluiu que o milho GM é tão seguro quanto suas contrapartes convencionais. A segurança alimentar e ambiental é uma prioridade, e a avaliação rigorosa da EFSA deve ser considerada.Além disso, a redução da dependência de importações de alimentos e rações é uma lição importante da crise da COVID-19 e da guerra na Ucrânia. A aprovação deste milho GM pode contribuir para a segurança alimentar da União Europeia, promovendo a sustentabilidade e a resiliência do setor agrícola.Votei, por isso, contra a resolução que não autorizava o milho GM MON 89034 x 1507 x MON 88017 x 59122 e suas subcombinações, por confiar na ciência e nas avaliações de segurança realizadas, e reconhecendo a necessidade de inovação para enfrentar os desafios futuros.
Objection pursuant to Rule 115(2) and (3): Genetically modified maize MON 810
A engenharia genética para reduzir a altura das plantas pode aumentar a resistência a condições adversas e melhorar a eficiência agrícola. Apesar das preocupações levantadas sobre os efeitos do miRNA artificial e a redução dos níveis de giberelinas, a EFSA concluiu que o milho GM é tão seguro quanto suas contrapartes convencionais. A segurança alimentar e ambiental é uma prioridade, e a avaliação rigorosa da EFSA deve ser considerada.Além disso, a redução da dependência de importações de alimentos e rações é uma lição importante da crise da COVID-19 e da guerra na Ucrânia. A aprovação deste milho GM pode contribuir para a segurança alimentar da União Europeia, promovendo a sustentabilidade e a resiliência do setor agrícola.Por isso, votei contra a resolução que não autorizava o milho GM MON 810, confiando na ciência e nas avaliações de segurança realizadas, e reconhecendo a necessidade de inovação para enfrentar os desafios futuros.
Objection pursuant to Rule 115(2) and (3): Genetically modified maize DP915635
A engenharia genética para reduzir a altura das plantas pode aumentar a resistência a condições adversas e melhorar a eficiência agrícola. Apesar das preocupações levantadas sobre os efeitos do miRNA artificial e a redução dos níveis de giberelinas, a EFSA concluiu que o milho GM é tão seguro quanto suas contrapartes convencionais. A segurança alimentar e ambiental é uma prioridade, e a avaliação rigorosa da EFSA deve ser considerada.Além disso, a crise da COVID-19 e a guerra na Ucrânia destacaram a necessidade de reduzir a dependência da União Europeia de importações de alimentos para animais. A aprovação deste milho GM pode contribuir para a segurança alimentar da União, promovendo a sustentabilidade e a resiliência do setor agrícola.Votei contra a resolução que não autorizava o milho GM DP915635, confiando na ciência e nas avaliações de segurança realizadas, e reconhecendo a necessidade de inovação para enfrentar os desafios futuros.
Objection pursuant to Rule 115(2) and (3): Genetically modified maize DP23211
A engenharia genética para reduzir a altura das plantas pode aumentar a resistência a condições adversas e melhorar a eficiência agrícola. Apesar das preocupações levantadas sobre os efeitos do miRNA artificial e a redução dos níveis de giberelinas, a EFSA concluiu que o milho GM é tão seguro quanto suas contrapartes convencionais. A segurança alimentar e ambiental é uma prioridade, e a avaliação rigorosa da EFSA deve ser considerada.Além disso, a crise da COVID-19 e a guerra na Ucrânia destacaram a necessidade de reduzir a dependência da União Europeia de importações de alimentos para animais. A aprovação deste milho GM pode contribuir para a segurança alimentar da União, promovendo a sustentabilidade e a resiliência do setor agrícola.Votei contra a resolução que não autorizava o milho GM DP23211, confiando na ciência e nas avaliações de segurança realizadas, e reconhecendo a necessidade de inovação para enfrentar os desafios futuros.
Objection pursuant to Rule 115(2) and (3): Genetically modified maize DP202216
A engenharia genética para reduzir a altura das plantas pode aumentar a resistência a condições adversas e melhorar a eficiência agrícola. Apesar das preocupações levantadas sobre os efeitos do miRNA artificial e a redução dos níveis de giberelinas, a EFSA concluiu que o milho GM é tão seguro quanto suas contrapartes convencionais. A segurança alimentar e ambiental é uma prioridade, e a avaliação rigorosa da EFSA deve ser considerada.Além disso, a crise da COVID-19 e a guerra na Ucrânia destacaram a necessidade de reduzir a dependência da União Europeia de importações de alimentos para animais. A aprovação deste milho GM pode contribuir para a segurança alimentar da União, promovendo a sustentabilidade e a resiliência do setor agrícola.Votei contra a resolução que não autorizava o milho GM DP202216, confiando na ciência e nas avaliações de segurança realizadas, e reconhecendo a necessidade de inovação para enfrentar os desafios futuros.
Objection pursuant to Rule 115(2) and (3): Genetically modified maize MON 94804
A engenharia genética para reduzir a altura das plantas pode aumentar a resistência a condições adversas e melhorar a eficiência agrícola.Apesar das preocupações levantadas sobre os efeitos do miRNA artificial e a redução dos níveis de giberelinas, a EFSA concluiu que o milho GM é tão seguro quanto suas contrapartes convencionais. A segurança alimentar e ambiental é uma prioridade, e a avaliação rigorosa da EFSA deve ser considerada. Além disso, a redução da dependência de importações de alimentos e rações é uma lição importante da crise da COVID-19 e da guerra na Ucrânia. A aprovação deste milho GM podia contribuir para a segurança alimentar da União Europeia, promovendo a sustentabilidade e a resiliência do setor agrícola.Votei por isso contra a resolução que não autorizava o milho GM MON 94804, por confirar na ciência e nas avaliações de segurança realizadas, e reconhecendo a necessidade de inovação para enfrentar os desafios futuros.
Amending short-stay visas regulation (EU) 2018/1806) as regards Vanuatu
A República de Vanuatu estava listada no Anexo II do Regulamento (UE) 2018/1806 entre os países terceiros cujos nacionais estão isentos da exigência de posse de visto ao atravessar as fronteiras externas dos Estados-Membros. Porém, em 2015, o Vanuatu começou a promover programas de “cidadania por investimento” que chamaram a atenção da Comissão Europeia pelas suas baixas taxas de rejeição, processo rápido e simplificado. Apesar dos esforços da UE para resolver as questões em torno destes programas de investimentos, o Vanuatu não conseguiu fazer progressos significativos, o que levou à suspensão total do acordo de isenção de visto com a UE em 2023. Ademais, a contínua emissão de vistos para cidadãos russos por parte de Vanuatu, durante o conflito com a Ucrânia, agravou ainda mais a situação. Esta prática mina os esforços internacionais persistentes da UE para isolar a Rússia diplomaticamente e economicamente, levantando sérias preocupações éticas e de segurança. É a primeira vez que um país terceiro é removido da lista de isenção de visto, decisão com a qual concordo e que por isso votei favoravelmente.
Mobilisation of the European Union Solidarity Fund to provide assistance to Germany and Italy relating to floods occurred in 2024
O Fundo de Solidariedade da União Europeia presta apoio financeiro aos Estados-Membros e aos países candidatos à adesão para fazer face a catástrofes naturais e, desde 2020, a emergências de saúde pública. Na sequência de duas catástrofes naturais ocorridas em 2024, esta proposta visa a mobilização de verbas para apoiar as regiões afetadas na Alemanha e em Itália, totalizando um apoio de 116 milhões de euros. A proposta além de aprovar a mobilização do fundo e expressar a solidariedade do Parlamento Europeu para com todas as vítimas destaca as pressões crescentes sobre o orçamento do FSUE e insta a Comissão a simplificar ainda mais o procedimento e a encurtar o tempo necessário para o tratamento dos pedidos. Atendendo à importância da mobilização destes fundos para o apoio às regiões e populações afetadas, apoiei a proposta.
Draft amending budget No 5/2024: adjustment in payment appropriations, update of revenues and other technical updates
Este Orçamento Retificativo introduz ajustes nas dotações do orçamento da União Europeia para o exercício de 2024, respondendo a atualizações recentes, nomeadamente o aumento das dotações de pagamento para o Fundo Europeu de Desenvolvimento Regional (FEDER), refletindo a eficácia das alterações introduzidas pela Plataforma de Tecnologias Estratégicas para a Europa (STEP).Tomo boa nota da atualização das dotações previstas para os Acordos de Parceria de Pescas Sustentáveis e do reforço dos recursos financeiros para diversas agências descentralizadas, como a CEPOL e a Europol, que são fundamentais para a segurança e cooperação no espaço europeu.Os aumentos de dotações são financiados, em larga medida, por receitas extraordinárias provenientes de multas por infrações à concorrência, o que permite acomodar os aumentos propostos ao orçamento sem solicitar contribuições adicionais aos Estados-Membros.Este Orçamento Retificativo traduz numa resposta equilibrada às necessidades orçamentais emergentes da União, sem comprometer a responsabilidade orçamental, reforçando, simultaneamente, prioridades estratégicas.
2025 budgetary procedure: Joint text
O projeto comum de Orçamento Geral da União Europeia para 2025 reflete o compromisso alcançado entre o Parlamento e o Conselho, durante a reunião do Comité de Conciliação Orçamental. Este orçamento, que ascende a 199.438,4 milhões de euros em dotações de autorização e 155.209,3 milhões de euros em dotações de pagamento, assegura a capacidade da União para responder aos desafios atuais, alinhando-se com as suas prioridades estratégicas.O orçamento contempla investimentos em áreas fundamentais, como coesão, agricultura, investigação e inovação, proteção civil, segurança e defesa, ajuda humanitária. O Parlamento conseguiu aumentos de verbas em programas bandeira como o Erasmus+, Horizonte Europa, RescEU, apoio aos jovens agricultores e promoção de produtos agrícolas, bem como aumento de recursos para Europol e Procuradoria Europeia. Também foram rejeitados todos os cortes propostos pelo Conselho ao Projeto de Orçamento inicial da Comissão.Destaco a inclusão da proposta RESTORE, que mobiliza 3 mil milhões de euros para apoio aos Estados-Membros afetados por desastres naturais, entre os quais Portugal, demonstrando a solidariedade europeia e flexibilidade na gestão de crises.Este orçamento reforça os objetivos da União, garantindo a sustentabilidade financeira e a eficácia operacional. Espero agora uma execução pontual, eficaz e eficiente.
Georgia's worsening democratic crisis following the recent parliamentary elections and alleged electoral fraud
O desfecho das eleições legislativas na Geórgia e os dias que sucederam o ato eleitoral são motivo de alarme para todos os europeus. Da campanha pró-Rússia ao ato eleitoral e à manipulação de votos, os atentados à democracia têm sido uma constante. O resultado eleitoral e o crescimento do “Sonho Georgiano” não são circunstâncias isoladas. São o resultado dos ataques de Putin. Deliberadamente, o partido no poder tem procurado isolar a Geórgia dos seus parceiros democráticos e a manipulação deste ato eleitoral foi mais uma prova disso. O Parlamento Europeu está ao lado da Presidente da Geórgia, Salome Zourabishvili, e acompanha a sua decisão de não reconhecer os resultados eleitorais. Por isso, defendemos a realização de uma investigação internacional independente sobre as alegações de manipulação eleitoral. É de lamentar que a Geórgia, um país que outrora nutriu fortes aspirações euro-atlânticas, veja o seu processo de adesão interrompido pelo retrocesso democrático perpetrado pelo governo georgiano. Esta Resolução, que acompanhei, firma o nosso compromisso para com os georgianos e a sua ambição de aderirem à UE.
Reinforcing EU’s unwavering support to Ukraine against Russia’s war of aggression and the increasing military cooperation between North Korea and Russia
A escalada de violência tem vindo a aumentar na Ucrânia, bem como os ataques a infraestruturas civis. O apoio da Coreia do Norte ao regime de Vladimir Putin veio agravar o conflito e, também, o comportamento da Rússia aos olhos do mundo. Votei a favor desta resolução porque a UE tem de ir mais longe e reagir veementemente perante o agravar do conflito e a entrada em cena de novos atores. As sanções têm de incluir a Coreia do Norte e o Irão, que escolheram o lado da Rússia. Já o apoio humanitário, político, económico e militar à Ucrânia tem que ser aumentado. O nosso compromisso para com os ucranianos é inabalável e a solução de paz deverá passar por uma reposição das fronteiras pré-guerra. Este é o único cenário que permite manter a estabilidade a nível global.
Recommendation on smoke- and aerosol-free environments
Votei a favor da resolução que visa criar uma "geração livre de tabaco" até 2040, conforme estabelecido no Plano Europeu de Luta contra o Cancro. A aprovação das emendas que solicitam maior evidência científica nas afirmações e a exclusão dos espaços exteriores de restauração e cafés como áreas a considerar fortalece a resolução.A resolução destaca a importância de políticas baseadas na redução de danos, reconhecendo que produtos novos e emergentes podem ajudar os fumadores a deixar de fumar. A ênfase em dados científicos e proporcionalidade é essencial para garantir a aceitação pública dessas políticas.A resolução também sublinha a necessidade de uma abordagem diferenciada entre produtos tradicionais de tabaco e novos produtos, como cigarros eletrónicos, baseada em evidências científicas. Esta distinção é crucial para não comprometer os esforços de redução de danos.Por estas razões, considero que a resolução, com as emendas aprovadas, representava um passo importante para alcançar uma geração livre de tabaco e promover a saúde pública.
Written questions (4)
Financial literacy in Europe
Urgent adoption of the European Deposit Insurance Scheme (EDIS)
Defence of taxpayers’ rights in the European Union
Defence of the public interest in the nationalisation of Efacec
Amendments (1773)
Amendment 22 #
2024/2718(RSP)
Draft motion for a resolution
Citation 63 a (new)
Citation 63 a (new)
– having regard to the UN Water Report 2024,
Amendment 23 #
2024/2718(RSP)
Draft motion for a resolution
Citation 63 b (new)
Citation 63 b (new)
– having regard to the opinion of the Committee of Regions of the 19 June 2024 on Towards a resilient water management to fight climate crisis within an EU Blue Deal,
Amendment 24 #
2024/2718(RSP)
Draft motion for a resolution
Citation 63 c (new)
Citation 63 c (new)
– having regard to the Declaration for an EU Blue Deal of the European Economic and Social Committee in 2023,
Amendment 48 #
2024/2718(RSP)
Draft motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas a number of legislative acts adopted under the European Green Deal contain contradictory requirements and nonessential reporting requirements, which restrict and burden companies, in particular SMEs, in the transition towards a net-zero economy and jeopardise EU competitiveness;
Amendment 56 #
2024/2718(RSP)
Draft motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the EU is a leader in international climate negotiations, but a collective effort is needed by all Parties to achieve global climate targets; whereas EU emissions represent around 9% of worldwide emissions and decarbonisation in the EU alone will not be enough;
Amendment 58 #
2024/2718(RSP)
Draft motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the IPCC Sixth Assessment Report is clear that the climate targets under the Paris Agreement can no longer be achieved without negative emissions and carbon capture and storage is a critical decarbonisation strategy in most mitigation pathways;
Amendment 59 #
2024/2718(RSP)
Draft motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas carbon pricing is the most efficient and cost-effective way to reduce emissions and stimulate green investments, as demonstrated by the EU Emissions Trading System (ETS) in the industrial and energy sectors;
Amendment 94 #
2024/2718(RSP)
Draft motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas Article 4(5) of the European Climate Law requires the Commission, when preparing a proposal on a Union 2040 climate target, to duly take into account all enabling conditions in a balanced manner, including the cost- effectiveness and economic efficiency of the target, the competiveness of the Union’s economy, in particular small and medium-sized enterprises and sectors most exposed to carbon leakage, and the need to safeguard and generate high- quality jobs and economic growth to ensure a just and socially fair transition for all;
Amendment 101 #
2024/2718(RSP)
Draft motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. stresses that the current climate finance goal of USD 100 billion per year until 2025 is financed by Parties classified as industrialised when the UN Framework Convention on Climate Change was signed in 1992; considers that this no longer adequately reflects countries’ respective financial capabilities and their cumulative historical emissions, which have substantially evolved since then and will continue to do so;
Amendment 105 #
2024/2718(RSP)
Draft motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas making global financial flows consistent with a pathway towards a net zero and climate resilient economy is an essential goal for the green transition in accordance with Article 2 of the Paris Agreement;
Amendment 108 #
2024/2718(RSP)
Draft motion for a resolution
Recital K c (new)
Recital K c (new)
Kc. whereas Russia’s war of aggression against Ukraine not only grossly violates international law and is causing massive loss of life and harm to citizens, but also delays the much-needed action on climate change and leads to immediate and long-term environmental degradation;
Amendment 109 #
2024/2718(RSP)
Draft motion for a resolution
Recital K d (new)
Recital K d (new)
Kd. whereas the Outcome of the United Nations Conference on the Midterm Comprehensive Review of the Implementation of the Objectives of the International Decade for Action, “Water for Sustainable Development”, 2018–2028 stresses that water-related challenges are increasing, and that water is the primary medium through which climate change impacts societies and ecosystems, and vice versa, including through droughts, floods, and changing precipitation patterns that pose risks to biodiversity, agriculture, food and energy security, and basic human needs, and acknowledging that climate- resilient water and sanitation management is a fundamental part of climate change mitigation and adaptation;
Amendment 110 #
2024/2718(RSP)
Draft motion for a resolution
Recital K e (new)
Recital K e (new)
Ke. whereas water pollution, water scarcity, and droughts are becoming stronger and occur more often; whereas the multiple ecosystem services provided by water should be ensured, inter alia, through water planning and investment in water-related innovation, including energy and water efficiency;
Amendment 116 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the key commitments and actions announced by the EU at COP28 to substantially scale up global climate ambition; stresses that keeping the long-term goals of the Paris Agreement within reach requires a collective effort and further actions from all countries, especially all major and emerging economies; urges all Parties to follow-up on the global efforts agreed in the GST decision through ambitious implementation and scaling up of nationally determined action similar to the EU and calls on the EU to work with like-minded partners to secure a successful outcome at COP29;
Amendment 148 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 5
Paragraph 5
5. CNotes that currently the NDCs of the Parties are collectively far from being on track towards achieving the long-term goals of the Paris Agreement; calls on all Parties to scale up their climate targets and accompanying policies and raise the ambition of their NDCs to pursue efforts to limit the temperature increase to 1.5 °C;
Amendment 158 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 6
Paragraph 6
6. UCalls on all Parties to engage constructively at COP29 in order to come to an agreement on cooperative mechanisms under Article 6 that contributes to the long-term goals of the Paris Agreement and fosters private sector involvement; urges all Parties to ensure an outcome at COP29 with robust rules for cooperative mechanisms under Article 6 of the Paris Agreement and calls on the EU and its Member States to strictly defend a high level of climate integrity, based on the best available science, in the negotiations;
Amendment 165 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the importance of the comprehensive and timely delivery of the Seventh Assessment Cycle for the next GST;
Amendment 166 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls for the delivery of comprehensive rules on Article 6 that enables the mobilisation of financial and non-financial resources for climate action, including voluntary carbon market action, in a manner consistent with the long-term goals under the Paris Agreement and the achievement of increased emission reductions, while ensuring robust accountability, transparency and environmental integrity;
Amendment 172 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 7
Paragraph 7
7. NotAcknowledges that the EU and, its Member States and the EIB are togethere the largest providers of public climate finance, with all EUproviding roughly one third of global public climate finance, with European climate finance reaching an all- time high in 2022 of EUR 28.5 billion from public sources and mobilising an additional amount of EUR 11.9 billion of private finance in total;
Amendment 181 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 8
Paragraph 8
8. NotWelcomes that developed countries provided and mobilised a total of USD 115.9 billion in climate finance for developing countries in 2022, exceeding the UNFCC annual USD 100 billion climate finance goal for the first time, two years after the target year of 2020putting the world on track to achieve the USD 100 billion goal over the 2020-2025 period; invites other Parties from all regions and other actors to scale up the mobilisation of international climate finance;
Amendment 192 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on all Parties to agree on a post-2025 new collective quantified goal on climate finance at COP29 which should encompass both mitigation and adaptation actions, based on a global effort and a variety of sources, instruments and channels, including public, private and innovative sources of finance, with safeguards to reach the agreed quantum and timeframe;
Amendment 195 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that the responsibility to deliver on the post-2025 NCQG should encompass a broadened contributor base reflecting Parties’ evolving financial capabilities and historical emission levels; insists that countries with high emissions and high GDP such as China and Saudi Arabia should contribute more significantly to the new goal;
Amendment 200 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Stresses the importance for the NCQG to differentiate funding levels in a way that better reflects the needs and priorities of countries most vulnerable to global warming and with limited capabilities, notably the Least Developed Countries and Small Island Developing States;
Amendment 206 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that private investments will have to undertake the largest share of the required investments in the climate transition globally; considers that facilitating such efforts will need to involve domestic and international financial systems to remove barriers to access finance for clean technologies and shift public and private finance flows away from emission-intense activities;
Amendment 214 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 11
Paragraph 11
11. Considers it essential to advance the Bridgetown Agenda without delay; calls on all the major international financial institutions and multilateral development banks to align their portfolios and lending policies with the Paris Agreementccelerate the reform of the international financial architecture and align their portfolios and lending policies with the Paris Agreement to better address the challenges of climate change, and to improve access to climate finance by removing barriers;
Amendment 216 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls the role of the European Investment Bank (EIB) as the EU’s climate bank and its Climate Bank Roadmap and updated Energy Lending Policy as well as the additional efforts of the European Investment Fund (EIF) to spearhead climate investments; welcomes the fact that the European Central Bank has committed to integrating climate change considerations into its monetary policy framework;
Amendment 222 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that one of the aims of COP29 should be to coordinate an unambiguous signal that follows-up on the outcome of the first Global Stocktake at COP28 to transition away from fossil fuels and towards renewables and energy efficiency in a just, orderly, equitable manner; highlights the importance of introducing clarifying quantifications and timelines to accelerate action in this decade;
Amendment 223 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Considers that emission abatement technologies will be needed to reduce residual emissions where feasible, effective and cost-efficient mitigation alternatives are not readily available, notably from hard to abate sectors, and that removal technologies are needed to contribute to global negative emissions;
Amendment 233 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on all Member States to improve their national reporting of fossil fuel subsidies and plan for their phase-out through concrete policies, timelines and measures in a way that maximises the Union’s energy security, industrial competitiveness and citizens’ welfare and reduces energy bills;
Amendment 243 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned that governments worldwide spent USD 620 billion in 2023 on subsidising the use of fossil fuels, which is significantly more than the USD 70 billion that was spent in 2023 on support for consumer-facing clean energy investments; encourages all Parties to endphase out all direct and indirect fossil fuel subsidies as soon as possible;
Amendment 246 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on all Parties to end fossil fuel expansion and phase down fossil fuels and calls on G7 countries to lead the energy transition;
Amendment 266 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes the announcement of a European Water Resilience Strategy as part of the Political Guidelines for the next European Commission 2024-2029 and calls on the Commission to swiftly deliver this Strategy to ensure sources are properly managed, scarcity is addressed, and that we enhance the competitive innovative edge of our water industry and technology;
Amendment 267 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Welcomes the first European Climate Risk Assessment (EUCRA]1a and the Commission Communication on Managing Climate Risks - protecting people and prosperity; _________________ 1a European Climate Risk Assessment. EEA Report 01/2024. European Environment Agency (2024).
Amendment 268 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Calls on the Commission to swiftly present a European Climate Adaptation Plan, announced as part of the Political Guidelines for the next European Commission 2024-2029, to support Member States on preparedness and planning and ensure regular science- based risk assessments;
Amendment 278 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Expresses deep concern about the increasing intensity and frequency of extreme weather events in the EU and globally, including wildfires, droughts, heatwaves and floods, and their impact on human health and the increasing loss of lives; stresses the urgency of strengthening the collective, global response to climate change in this critical decade through ambitious mitigation and adaptation action by all Parties in order to protect people, their livelihoods, the economy and our ecosystems;
Amendment 280 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the decision at COP28 to use the loss and damage (L&D) fund to address and respond to the economic and non-economic impacts of climate change for particularly vulnerable developing countries; stresses the need for the Fund to receive funding from a variety of sources in a coordinated manner, including from new and innovative sources;
Amendment 287 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes the EU’s and its Member States’ contribution to the Loss and Damage Fund, with pledges for the initial capitalisation contributing to more than EUR 400 million, which covers over two thirds of the initial total funding pledges;
Amendment 336 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Recalls its position of 25 April 2024 on Azerbaijan; calls on Azerbaijan to respect the rights of and immediately and unconditionally release all political prisoners, human rights defenders and journalists; considers that the ongoing human rights violations in Azerbaijan are incompatible with the country’s preparations to host COP29; demands that the organisers ensure that human rights, fundamental freedoms and effective civil society participation are fully enshrined and guaranteed in the Host Country Agreement;
Amendment 359 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Considers it important for the EU to remain a leader in international climate negotiations while safeguarding the internal market from unfair competition and ensuring a level-playing field for European industries globally to maintain public support for climate action and avoid carbon leakage;
Amendment 366 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on the Commission to prepare the Union-wide post-2030 intermediate climate targets in full partnership with industry, agriculture, social partners and all relevant stakeholders;
Amendment 367 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Considers that international climate negotiations will foremost focus on the intermediate NDC for 2035, which is to be submitted next year under the UNFCCC five-year policy cycle; calls for a realistic Union NDC for 2035 reflecting the lead times for clean tech investment and deployment on the Union’s mitigation pathway towards net-zero in 2050; believes, in this light, that the Union’s interim NDC for 2035 should not simply be a linear derivative of the Union’s 2040 climate target;
Amendment 368 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 25 d (new)
Paragraph 25 d (new)
25d. Considers that for a net target up to 90 % to be economically and socially achievable, key enabling conditions to increase the resilience, competitiveness and opportunities for EU industry and SMEs and to ensure social acceptability will first have to be met;
Amendment 369 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 25 e (new)
Paragraph 25 e (new)
25e. Considers that key enabling conditions for the Union’s 2040 target include the prior preparation of practical, cost-effective and economically efficient pathways towards the achievement of post-2030 targets; the integration of climate policy in a comprehensive competitiveness policy; ensuring a stable and predictable regulatory framework, resolving contradictory requirements and removing bureaucratic obstacles to climate-friendly investments; facilitating efficient, market-based and technology- open instruments for competitive net-zero business models; rapidly scaling up and prioritising investment in clean energy infrastructure and technologies in a technologically neutral way; and linking negative emissions to the EU Emissions Trading System;
Amendment 370 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 25 f (new)
Paragraph 25 f (new)
25f. Underlines that the Union is acting on the GST mandate by having updated the Union NDC based on the adopted “Fit for 55” package, which is expected to reduce the Union’s net domestic GHG emissions by more than 55 % by 2030 compared to 1990 when fully implemented;
Amendment 371 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 25 g (new)
Paragraph 25 g (new)
25g. Asks the Commission to consider post-2030 intermediate climate targets which are conditional on other major Parties stepping up their action and scaling up their nationally determined action similar to the EU;
Amendment 372 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 25 h (new)
Paragraph 25 h (new)
25h. Stresses that the adoption of the “Fit for 55” package makes the EU a global leader in delivering concrete measures towards the achievement of the long-term goals of the Paris Agreement; urges other Parties to follow similar and relevant measures;
Amendment 373 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 25 i (new)
Paragraph 25 i (new)
25i. Considers that the focus for the coming years should be on implementing the existing legal framework for 2030 in the simplest, fairest and most cost- efficient way, while continuing to support EU industry and citizens throughout this transition; stresses the importance of a stable and predictable policy framework to provide clarity for investors, businesses and citizens;
Amendment 374 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 25 j (new)
Paragraph 25 j (new)
25j. Supports a new Clean Industrial Deal to complement the Green Deal; believes that an ambitious climate policy should be based on efficient, market- based and technology-open instruments, in partnership with industry and social partners, in order to provide planning security for the transition towards a net- zero and competitive business model;
Amendment 375 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 25 k (new)
Paragraph 25 k (new)
25k. Calls on the EU to focus more strongly on the external dimension of the European Green Deal and step up its green diplomacy, including through a dedicated Climate Envoy, in order to compel other Parties to undertake similar efforts, ensure the competitiveness of our economy and avoid carbon leakage;
Amendment 405 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Highlights that both according to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) and the Scientific advice for the determination of an EU-wide 2040 climate target and a greenhouse gas budget for 2030–2050 of the European Scientific Advisory Board on Climate Change, all policy scenarios aligned with the Paris Agreement require both land- based and technological carbon removals at scale;
Amendment 416 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Recognises the interdependence between climate change, biodiversity loss and land, water and ocean degradation; emphasises the importance of addressing the climate change, biodiversity, water, food, health, nexus in an effective and coherent manner;
Amendment 422 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 30
Paragraph 30
30. Underscores that the climate and biodiversity crises, desertification, water scarcity, drought and deforestation, which are interlinked; emphasises the importance of protecting, conserving and restoring biodiversity and ecosystems and of managing natural resources sustainably in order to enhance nature-based climate change mitigation and avoid extreme weather phenomena;
Amendment 428 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Highlights the need to invest more efficiently in innovative solutions including nature-based solutions in order to strengthen climate adaption, particularly for limiting floods and droughts; while providing for real-time monitoring and community engagement, optimising costs and managing resources effectively;
Amendment 433 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Welcomes the spotlight on water- related challenges by the COP29 presidency that provide a global platform during the COP29 for parties to collaborate and deliver solutions on water;
Amendment 435 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30c. Calls on all Parties at the COP29 to achieve water security, water sustainability, and water resilience in order to build a competitive and innovative economy while ensuring a zero-pollution environment and access to water and sanitation for all;
Amendment 436 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 30 d (new)
Paragraph 30 d (new)
30d. Affirms the need to manage all available water sources in such a way that water scarcity and pollution are avoided; where water and resource loops are largely closed to foster a circular economy, optimal resource efficiency and resource recovery;
Amendment 437 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 30 e (new)
Paragraph 30 e (new)
30e. Calls on all parties to make their water system resilient against the impact of climate and demographic change; by mobilising all relevant stakeholders and instruments to overcome water risks for the society, economy, and environment;
Amendment 438 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 30 f (new)
Paragraph 30 f (new)
30f. Recognises the role of digital tools as a part of a water resilient society, in all climate-mitigating activity, especially in gaining increased awareness over issues of water quality and quantity that prevent biodiversity, agriculture, food and energy security, and basic human needs;
Amendment 439 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 30 g (new)
Paragraph 30 g (new)
30g. Acknowledges the universality of water as a resource to all sectors, including those responsible for energy, food and critical digital services; calls all the Parties of the COP29 to adopt water strategies in line with their climate policy to build water-smart societies in a resilient world;
Amendment 456 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses the need to protect the rights and interesUrges all Parties, when taking action to address climate change, to commit to protect, respect, promote and fulfil their obligations on human rights, inter alia the rights of indigenous peoples as set out in the UN Declaration on the Rights of iIndigenous pPeoples and the rights of local communities; stresses the need to support and protect environmental defenders and to hold accountable those who threaten them;
Amendment 478 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 36
Paragraph 36
36. Emphasises the importance of protecting, conserving and restoring water and water-related ecosystems; hHighlights the devastatconcerning environmental, social and economic impacts of desertification, water pollution and extreme climate phenomena such as droughts, floods and water pollutionforest fires;
Amendment 494 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Welcomes the fact that several EU trading partners have introduced carbon trading or other carbon pricing mechanisms; invites the Commission to further encourage and support other Parties to introduce or improve similar carbon pricing mechanism and to explore links and other forms of cooperation with existing carbon pricing mechanisms in third countries; welcomes, in this regard, the creation of the Commission Task Force on International Carbon Pricing and Markets Diplomacy and calls on the Commission to make this Task Force fully operational in a timely manner;
Amendment 502 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 39
Paragraph 39
39. Welcomes the fact that 158 countries have become signatories to the Global Methane Pledge to date; calls the Global Methane Pledge signatories to accelerate action to reduce and abate methane emissions by 2030; calls for a quantified, science-based assessment of the progress made since its adoption at COP26;
Amendment 504 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Recalls that, globally, cities are responsible for 60 % of GHG emissions and therefore emphasises the importance of ensuring that the local level is able to continue advancing climate action while protecting local economies, including access to financial tools without excessive administrative burdens;
Amendment 505 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39b. Recognises the leadership of local and regional governments in accelerating and broadening climate action; stresses the need for enhanced cooperation with local and regional governments in the process of preparing, financing, and implementing NDCs ahead of COP30, as well as national adaptation plans (NAPs), National Biodiversity Strategies and Action Plans (NBSAPs), and long-term strategies (LTS);
Amendment 506 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 39 c (new)
Paragraph 39 c (new)
39c. Highlights the necessary commitment to fostering technological advancements that address climate change and enhance climate resilience; encourages the deployment of breakthrough solutions in energy, transportation, and industrial processes with innovations that not only might contribute to reducing greenhouse gas emissions but also drive economic growth, and create jobs; recognises the critical role of public-private partnerships in accelerating the commercialisation of innovative technologies and will continue to support collaborative efforts that bring new ideas from the lab to the market;
Amendment 507 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 39 d (new)
Paragraph 39 d (new)
39d. Underlines that the adoption and scaling of clean technologies are imperative for global climate goals and to limit as much as possible global warming; calls for enhanced international cooperation in the development and deployment of clean energy solutions, such as renewable energy, energy efficiency, and carbon capture and storage;
Amendment 508 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 39 e (new)
Paragraph 39 e (new)
39e. Underlines the importance of increasing the adoption of circular economy practices, improving energy efficiency, and reducing the carbon intensity of industrial processes; Calls for the Parts to foster innovation in low- carbon technologies that drive the industrial sector toward sustainable practices while maintaining its global competitiveness;
Amendment 509 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 39 f (new)
Paragraph 39 f (new)
39f. Stresses the need for integration of clean technologies across sectors and providing financial and technical assistance, ensuring that clean technologies are accessible and affordable; emphasises the need for policies that support the transition to a low-carbon economy while ensuring energy security and competitiveness. Reaffirms the need for not just technological innovation but also changes in consumption patterns and infrastructure development;
Amendment 532 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Acknowledges the significant contribution by farmers and foresters to natural carbon removal and storage in soils and forests;
Amendment 550 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Recognises the need to reward farmers and foresters helping to decarbonise the economy and working with nature, preserving biodiversity and natural ecosystems;
Amendment 552 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 44 b (new)
Paragraph 44 b (new)
44b. Calls on the Commission and all other Parties to continue working towards the implementation of the COP28 UAE Declaration on Sustainable Agriculture, Resilient Food Systems, and Climate Action; underlines the need to continue to work towards sustainable and resilient food systems;
Amendment 578 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Recognises the essential role of SMEs in the Europe and globally in driving and delivering on employment and growth as well as in leading the way on the green transition;
Amendment 580 #
2024/2718(RSP)
Draft motion for a resolution
Paragraph 46 b (new)
Paragraph 46 b (new)
46b. Welcomes the strong engagement by EU business actors to provide solutions to accelerate climate action globally;
Amendment 11 #
2024/2054(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, despite this downward trend, the inflation rate continues to be an average of a diversity of situations that vary from between rates of 0% and 4.3% from country to country; whereas this diversity is also seen across the various segments of the HICP;
Amendment 30 #
2024/2054(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the ECB is accountable to Parliament as the EU institution representing EU citizenmust seek to maintain fair and transparent cooperation with Parliament as the EU institution representing EU citizens; whereas this cooperation has been maintained at the highest level, with the regular organisation of the Monetary Dialogue, the ECB President's regular appearances at Parliament plenary sittings and various visits and meetings between Members of Parliament and ECB board members;
Amendment 77 #
2024/2054(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 106 #
2024/2054(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that prudent fiscal policies by the Member States can complement the ECB’s efforts to keep inflation low and thereby to protect incomes; highlights that addressing excessive public deficit and debt levels in a proportional and gradual manner that is appropriate to the situation in each country, is crucial to maintaining a stable economy and sustainable growth;
Amendment 115 #
2024/2054(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses concern about the high levels of government debt and deficits within the Member States and the risks of fiscal dominance that this entailseuro area and recalls the differences in situation from country to country in this regard; takes good note of the downward trend in public debt in some Member States; takes good note of the forecast budget surplus in at least one Member State;
Amendment 133 #
2024/2054(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 137 #
2024/2054(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 152 #
2024/2054(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Invites the ECB to fundamentally review and improve its models, communication and their role in its policymaking in light of the subpar performance of the models in recent yearsfact that the models have been criticised;
Amendment 155 #
2024/2054(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 163 #
2024/2054(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 175 #
2024/2054(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 185 #
2024/2054(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 197 #
2024/2054(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Takes good note of the impact of the ECB's monetary policy on the real economy, namely on loans held by citizens and companies; hopes that the downward trend in and stabilisation of inflation rates will allow a process of monetary policy normalisation to continue, thus alleviating the burden on households;
Amendment 203 #
2024/2054(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. WelcomNotes the ECB’'s progresswork on the digital euro project and its ongoing dialogue with Parliament; highlights the expected benefits, such as enhanced strategic autonomy, improved financial inclusion and the availability of an offline back-up payment system; takes the view, however, that this project should take into account developments in the reform of payment services in Europe, in particular adoption of the first Payment Services Regulation and the third Payment Services Directive; considers, furthermore, that the digital euro project should be more widely debated, not only with the European Parliament but also with civil society and, in particular, stakeholders in the economy;
Amendment 290 #
2024/2054(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes that the ECB's positions and decisions have been misunderstood by the public on several occasions; considers it important, in this regard, to develop an appropriate communication policy: further believes that the ECB should cooperate with the European institutions, national authorities and civil society to promote financial literacy;
Amendment 98 #
2024/0017(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Each Member State shall notify to the Commission the measures adopted pursuant to paragraph 1 no later than [date: 152 months after entry into force]. Member States shall thereafter notify the Commission of any amendment to their screening mechanism within 30 days of the adoption of the amendment.
Amendment 99 #
2024/0017(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall make publicly available a list of Member States’ screening mechanisms no later than 3 months after having received all the notifications referred to in paragraph 3 or by [date: 218 months after entry into force], whichever occurs first. The Commission shall keep that list up to date.
Amendment 101 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) adequate procedures shall be provided for the screening authority to determine whether it has jurisdiction over a foreign investment filed for authorisation and to carry out an initial review followed by, where necessary, an in-depth investigation to determine whether that foreign investment is likely to negatively affect security or public order. The purpose of the in-depth investigation shall be, in particular, to determine, without undue delay, whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content.
Amendment 103 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the screening authority shall be empowered to start screening foreign investments by its own initiative for at least 158 months after the completion of a foreign investment that is not subject to an authorisation requirement where the screening authority has grounds to consider that the foreign investment may affect security or public order;
Amendment 106 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Before taking a decision to authorise a foreign investment subject to mitigating measures or to prohibit a foreign investment, Member States shall inform the applicant requesting an authorisation at the earliest possible and state the reasons on which they intend to take their decision, subject to the protection of information the disclosure of which would be contrary to the security or public order interests of the EU or one or more of the Member States and without prejudice to Union and national law concerning the protection of confidential information. Member States shall give the foreign investor the opportunity to make their views known before taking such decision.
Amendment 119 #
2024/0017(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall notify, at the earliest possible, the Commission and the other Member States of any foreign investment in a Union target established in their territory where they initiate an in- depth investigation under their screening procedures. Furthermore, Member States shall notify, at the earliest possible, the Commission and the other Member States of any foreign investment in a Union target established in their territory, in exceptional cases, where they intend to impose a mitigating measure or to prohibit the transaction without an in-depth investigation.
Amendment 131 #
2024/0017(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point a
Article 8 – paragraph 3 – subparagraph 1 – point a
(a) where a Member State reserves its right to issue comments on a notified foreign investment without requesting additional information from the notifying Member State, the respective comments shall be addressed to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 350 calendar days following receipt of the complete notification of the foreign investment;
Amendment 132 #
2024/0017(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point c
Article 8 – paragraph 3 – subparagraph 1 – point c
(c) where a Member State reserves its right to issue comments on a notified foreign investment and requests additional information from the notifying Member State, the respective comments shall be addressed to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 2015 calendar days following receipt of the complete additional information;
Amendment 133 #
2024/0017(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
Amendment 136 #
2024/0017(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall be granted at least 158 months, after the foreign investment has been completed, the right to open the procedure set out in paragraph 1, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.
Amendment 140 #
2024/0017(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission shall be granted at least 158 months, after the foreign investment has been completed, to open the procedure set out in paragraph 3, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.
Amendment 145 #
2024/0017(COD)
Proposal for a regulation
Article 9 – paragraph 7 – point a
Article 9 – paragraph 7 – point a
(a) the comments by Member States or the opinion by the Commission shall be sent no later than 350 calendar days following receipt of the complete information requested pursuant to paragraph 5.
Amendment 165 #
2024/0017(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 a (new)
Article 14 – paragraph 1 – subparagraph 2 a (new)
The screening decision must be timely and clearly communicated to the foreign investor, guaranteeing the possibility to seek judicial recourse against that screening decision.
Amendment 172 #
2024/0017(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall evaluate the functioning and effectiveness of this Regulation 52 years after the date of application of this Regulation and every 52 years thereafter and present a report to the European Parliament and to the Council. Member States shall be involved in this exercise and, if necessary, provide the Commission with additional information for the preparation of that report.
Amendment 178 #
2024/0017(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 184 #
2024/0017(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Regulation (EU) 2019/452 is repealed with effect from [date: 152 months after entry into force].
Amendment 188 #
2024/0017(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
It shall apply from [date: 152 months after entry into force].
Amendment 8 #
2023/2636(RSP)
Citation 11 a (new)
— having regard to Regulation (EU) 2018/1999 on the governance of the energy union and climate action;
Amendment 9 #
2023/2636(RSP)
Citation 11 b (new)
— having regard to the Commission proposal of 15 December 2021 for a regulation of the European Parliament and of the Council on methane emissions reduction in the energy sector and amending Regulation (EU) 2019/942;
Amendment 13 #
2023/2636(RSP)
Citation 15 a (new)
— having regard to the UN Water Conference and the 2023 United Nations World Water Development Report on Partnerships and cooperation for water of 22 March 2023;
Amendment 41 #
2023/2636(RSP)
Citation 33 a (new)
— having regard to the European Council conclusions of 23 March 2023 (EUCO 4/23);
Amendment 64 #
2023/2636(RSP)
Recital C a (new)
Ca. whereas proactive planning significantly improves the chance of delivering a more efficient and less costly future carbon-free energy system;
Amendment 71 #
2023/2636(RSP)
Recital D a (new)
Da. whereas the Intergovernmental Panel on Climate Change (IPCC) published in its Sixth Assessment Report the finding that deep reductions in anthropogenic methane emissions are needed by 2030 to stay below 1,5° C;
Amendment 84 #
2023/2636(RSP)
Recital E
E. whereas the climate, pollution and biodiversity crises are interlinked, exacerbate each other and should be urgently tackled together, in the broader context of achieving the Sustainable Development Goals (SDGs);
Amendment 98 #
2023/2636(RSP)
Recital G a (new)
Ga. whereas the European Council recognises the need for enhanced EU and global action on water and underlines the importance of a strategic EU approach to water security; whereas the UN world water development report 2023 recognises as good practice the water-oriented living labs to cooperate towards a Water-Smart Society, further efforts and visibility are required on water-related challenges and solutions both in terms of quality and quantity to contribute to climate change mitigation and adaptation;
Amendment 102 #
2023/2636(RSP)
Recital H
H. whereas the Glasgow Climate Pact and the Sharm el-Sheikh Implementation Plan recognises the important role of non- Party stakeholders in contributing to progress towards the goals of the Paris Agreement;
Amendment 111 #
2023/2636(RSP)
Recital H a (new)
Ha. whereas the IPCC Sixth Assessment Report made clear that carbon capture and storage is a critical decarbonisation strategy in most mitigation pathways;
Amendment 129 #
2023/2636(RSP)
Paragraph 1 a (new)
1a. Emphasises that climate risks will be magnified by any delay in providing effective measures to mitigate and adapt to climate change, therefore resulting in increasing loss and damages;
Amendment 137 #
2023/2636(RSP)
Paragraph 3
3. Underlines that the first GST is a key process for enhancing the collective ambition of climate action and support; Calls on Parties to undertake the GST seriously by moving from pledges to planning and committing to truly pursue the change needed to secure a zero- carbon, climate-resilient and equitable future; Emphasises that climate risks will be magnified by any delay in providing effective measures to mitigate and adapt to climate change, therefore resulting in increasing loss and damages;
Amendment 144 #
2023/2636(RSP)
Paragraph 4 a (new)
4a. Welcomes the intention to present a global target for renewable energy at COP28 and believes that such target should be based on accurate and forward- looking analysis;
Amendment 153 #
2023/2636(RSP)
Paragraph 5 a (new)
5a. Recalls that cities are responsible for over 70% of global greenhouse gas emissions and consume about 80% of the world's energy; recognises the leadership of local and regional authorities in accelerating and broadening action and invites all Parties to include subnational climate commitments, actions and achievements in their NDCs and national adaptation plans;
Amendment 167 #
2023/2636(RSP)
Paragraph 6 a (new)
6a. Urges all Parties to recognise the value of water and its role in climate change adaptation and mitigation; deliver global water actions to ensure secured, resilient, and sustainable water management in order to enhance solutions to tackle water risks such as desertification, droughts, floods, and water pollution;
Amendment 176 #
2023/2636(RSP)
Paragraph 6 b (new)
6b. Recalls that in the EU, natural disasters affected nearly 50 million people between 1980 and 2020 and caused an average of EUR 12 billion in economic losses each year1a; recognises the unequal distribution of these losses, harming cities and regions that already face challenges such as low economic growth or high youth unemployment; __________________ 1a Overview of natural and man-made disaster risks the European Union may face: 2020 edition.
Amendment 181 #
2023/2636(RSP)
Paragraph 6 c (new)
6c. Calls for locally-led adaptation approaches that enable affected communities to act as the primary agents of change; points out that climate change disproportionately affects the most vulnerable;
Amendment 183 #
2023/2636(RSP)
Paragraph 6 d (new)
6d. Calls for locally-led adaptation approaches that enable affected communities to act as the primary agents of change; points out that climate change disproportionately affects the most vulnerable, including women, the elderly, people with disabilities and indigenous groups;
Amendment 194 #
2023/2636(RSP)
Paragraph 7 a (new)
7a. Emphasises that local and regional authorities have an essential role in diagnosing, assessing and shaping responses based on the needs, risks and threats of their population and territories; highlights that decentralised delivery of loss and damage finance through local governments can guarantee that finance is available at local level when shocks occur, and that investments are geared to respond to local conditions and channelled more effectively towards citizens' priorities;
Amendment 224 #
2023/2636(RSP)
Paragraph 9
9. Calls for the UNFCCC decision- making process to be protected from interests that run counter to the goals of the Paris Agreement, particularly ones regarding the fossil fuel industry;
Amendment 256 #
2023/2636(RSP)
Paragraph 11
11. Calls for Union-wide post-2030 intermediate climate targets to be set, in accordance with the Article 4(3) of the European Climate Law, and for the corresponding legislative proposals to contribute to achieving the goals of the Paris Agreement;
Amendment 264 #
2023/2636(RSP)
Paragraph 11 a (new)
11a. Calls for increased coordination to respond to misinformation and disinformation campaigns aiming to discredit climate action and for adequate resources to raise awareness, build capacity and engage local communities with climate action;
Amendment 266 #
2023/2636(RSP)
Paragraph 11 b (new)
Amendment 272 #
2023/2636(RSP)
Paragraph 11 c (new)
11c. Calls on the Commission, when preparing a proposal on the Union 2040 climate target, to take into account all considerations required in accordance with Article 4(5) of the European Climate Law in a balanced manner, which includes both the report on the ‘Scientific advice for the determination of an EU- wide 2040 climate target and a greenhouse gas budget for 2030–2050’ of the European Scientific Advisory Board on Climate Change, as well as the social, economic and environmental impacts, the need to ensure a just and socially fair transition for all, the cost-effectiveness and economic efficiency, and the competiveness of the Union’s economy, in particular small and medium-sized enterprises and sectors most exposed to carbon leakage;
Amendment 277 #
2023/2636(RSP)
Paragraph 11 d (new)
11d. Notes that according to the Scientific advice for the determination of an EU-wide 2040 climate target and a greenhouse gas budget for 2030–2050 of the European Scientific Advisory Board on Climate Change, an emission reduction target directly derived from the feasibility risks and challenges would lie between 88% and 92%; notes, however, that the report acknowledges that the socio-economic dimension of feasibility has not been taken into account in this assessment not included in this assessment;
Amendment 282 #
2023/2636(RSP)
Paragraph 11 e (new)
11e. Notes that according to the Scientific advice for the determination of an EU-wide 2040 climate target and a greenhouse gas budget for 2030–2050 of the European Scientific Advisory Board on Climate Change, any target above 90% is only possible on the condition that the existing challenges of deploying and scaling-up renewable energy can be overcome, in particular for hydrogen and solar photovoltaic technologies; stresses that this will require significantly lowering the administrative burden for developing net-zero manufacturing projects, including by streamlining administrative requirements in all areas, and facilitating permitting, which underlines the importance of a swift and ambitious conclusion of the Net-Zero Industry Act which should facilitate and streamline and not add to existing administrative burden;
Amendment 284 #
2023/2636(RSP)
Paragraph 11 f (new)
11f. Highlights that according to the Scientific advice for the determination of an EU-wide 2040 climate target and a greenhouse gas budget for 2030–2050 of the European Scientific Advisory Board on Climate Change, no 2040 scenarios can be achieved without a rapid scale-up of the use of hydrogen and bioenergy, especially in the use of primary biomass;
Amendment 287 #
2023/2636(RSP)
Paragraph 11 g (new)
11g. Highlights that both according to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) and the Scientific advice for the determination of an EU-wide 2040 climate target and a greenhouse gas budget for 2030–2050 of the European Scientific Advisory Board on Climate Change, all policy scenario’s aligned with the Paris Agreement require both land- based and technological carbon removals at scale;
Amendment 292 #
2023/2636(RSP)
Paragraph 12 a (new)
12a. Highlights the importance of facilitating access to climate finance to local and regional authorities and supporting capacity building and targeted training on the use of such funds in order to provide tailored solutions to the unique challenges faced in their respective territories;
Amendment 295 #
2023/2636(RSP)
Paragraph 12 b (new)
12b. Highlights that significant financial resources are needed to implement the goals of the Paris Agreement in developing countries and that the Glasgow Climate Pact urges developed country Parties to urgently and significantly scale up their provision of climate finance; reiterates that in its conclusions on the Preparations for the 27th Conference of the Parties to the UNFCCC (COP 27), the Council renewed the commitment made by the Union and its Member States to continue scaling up their international climate finance towards the developed countries' goal of mobilising at least USD 100 billion per year as soon as possible and through to 2025 from a wide variety of sources, and insists this goal should be met in 2023; stresses that when determining the use of revenues generated from the auctioning of the EU ETS allowances, Member States shall take into account the need to continue scaling up international climate finance in vulnerable third countries in accordance with the recently adopted agreement on the EU ETS revision;
Amendment 311 #
2023/2636(RSP)
Paragraph 15
15. Considers it essential to advance the Bridgetown Agenda and to make the international financial system fit for the 21st century; calls for major international financial institutions to swiftly adopt and develop green finance, with a view to ensure streamlined access to funding without unnecessary bureaucratic hurdles;
Amendment 327 #
2023/2636(RSP)
Paragraph 17
17. Reiterates the need to urgently end fossil fuel subsidies and other environmentally harmful subsidies in the EU and worldwide; is concerned by the fact that some EU Member States have no concrete plans on how and by when they will phase out these subsidies; recognizes that this lack of commitment might endanger EU credibility internationally. Incentivises all Member States to improve their national reporting of fossil fuel subsidies and plan towards their phase out in their upcoming National Energy and Climate Plan revision;
Amendment 343 #
Amendment 351 #
2023/2636(RSP)
Paragraph 18
18. Emphasises the importance of protecting, conserving and restoring biodiversity, ecosystems, soils, freshwater bodies and oceans to achieve the objectives of the Paris Agreement;
Amendment 361 #
2023/2636(RSP)
Paragraph 18 a (new)
18a. Highlights the need to address water risks, and ensure the multiple ecosystem services provided by water bodies through water planning and investment in water-related innovation areas including energy and water efficiency, in line with the Water-Smart Society principles;
Amendment 412 #
2023/2636(RSP)
Paragraph 23 a (new)
23a. Recalls the contribution of research, innovation, digital technologies to achieving the goals set out in the Paris Agreement and the objectives of the European Green deal towards climate neutrality; Recognizes the importance of partnerships to foster the cross-sectoral collaboration within Europe and with its partners;
Amendment 420 #
2023/2636(RSP)
Paragraph 23 b (new)
23b. Calls for a global CCS pledge to deliver a global agenda so that technologies, necessary for reducing emissions are scaled up. Encourages an ambitions and operational pledge which includes a commitment to creating policies and regulations which foster an environment to scale CCS globally;
Amendment 23 #
2023/2078(INI)
Motion for a resolution
Recital B
Recital B
B. whereas a completed BU would improve the competitiveness and stability of the banking sector and consumer choice and protection and facilitate access to financing for economic actors;
Amendment 33 #
2023/2078(INI)
Motion for a resolution
Recital E
Recital E
E. whereas fragmentation and the lack of cross-border consolidation of the EU banking sector is affecting its global competitiveness; whereas the profitability gap between EU and US banks has widened;
Amendment 51 #
2023/2078(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the non-performing loan (NPL) ratio slightly decreased in the first quarter of 2023 despite the pandemic and the Russian aggression against Ukraine; whereas, nevertheless, the situation varies considerably from one Member State to another and the current NPL ratio is unsatisfactory;
Amendment 76 #
2023/2078(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns the Russian aggression against Ukraine and its impact on the Ukrainian people, on the EU and elsewhere; calls on banks to continue reducadapting their exposure to energy intensive corporatesstrategic decisions in view of the new European and international context arising from that situation;
Amendment 92 #
2023/2078(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Asks the Commission to retain the completion of the BU and the Capital Markets Union as key priorities now and for its next mandate; highlights that both projects offer households and SMEs access to broader funding, increase financial stability, reduce the impact of economic downturns, fund the transition to a green and digital economy and unlock the EU’s growth potential;
Amendment 133 #
2023/2078(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the NPL ratio decreased further, but is still far from satisfactory; highlights that there are substantial differences between Member States which should be taken into consideration; calls for the adoption of the proposal for a AECE Directive to develop NPL secondary markets;
Amendment 157 #
2023/2078(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the agreement reached at interinstitutional level to implement Basel III standards in the EU; highlights that the framework will noe importance of its swift and effective implementation, without increaseing prudential requirements for banks or damageing their competitiveness; notes that the implementation of the Basel standards to crypto-assets is still pending;
Amendment 162 #
2023/2078(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the non-bank financial intermediary sector is continuing to grow; regrets that different rules for these activities may entail significant risks; calls for an appropriate regulatory approach to shadow banking, for the promotion of fair competition with banks and for the risks stemming from banks’ exposure to these activities to be addressed;
Amendment 186 #
2023/2078(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the proposal to reform the CMDI framework following calls by Parliament; and calls for the scope of resolution to be expanded, clarification of public interest assessments and for the scope of State aid to be limitedits swift and effective adoption;
Amendment 11 #
2023/2077(INI)
Motion for a resolution
Recital B
Recital B
B. whereas competition policy could contribute to bolstering the resilience, integrity and competitiveness of the internal market, as well as achieving the goals of the European Green Deal and the Digital Compass, among other EU political goals;
Amendment 16 #
2023/2077(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the global geopolitical circumstances also require responsible, competitive solutions in the field of competition policy; whereas the European Union should use all the political and legislative tools at its disposal to defend the integrity, resilience and competitiveness of its internal market in view of the challenges posed by the increasing number of conflicts in the world, trade tensions among competing countries and the pressure of inflation and low levels of economic growth;
Amendment 43 #
2023/2077(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that a larger amount of additional public and private investment will beis needed to face new challenges; underlines that the creation of a European Sovereignty Fund financed by additional fresh money willthat brings together current EU instruments and is financed by resources that do not entail additional costs for citizens and businesses should address the fragmentation of the internal market, support the EU’s industrial strategy, reduce our critical dependencies and ensure our open strategic autonomy; highlights that private initiative plays a structural role in ensuring free, fair and transparent competition and therefore conditions must be created that are more attractive for investment and reduce tax and administrative burdens;
Amendment 50 #
2023/2077(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to look intocarry out a comprehensive study on the ‘'shrinkflation’' phenomenon, its impact on the economy and its consequences for markets and consumers’ welfare' rights;
Amendment 70 #
2023/2077(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to modernise public the procurement rules to help foster green and digital industry; calls on the Commission to take into account the sustainability and sovereignty criteria for public procurement rules in order to foster the production of goods ‘made in Europe’; points out that a clear, stable and predictable legal framework is essential for promoting high-quality investment in Europe;
Amendment 88 #
2023/2077(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the importance of the Commission taking decisive action,Recalls the role of the Commission under Article 22 of the EC Merger Regulation, against in situations of potential ‘killer acquisitions’ that must be reported under the Digital Markets Act;
Amendment 92 #
2023/2077(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s initiative to review its notice on the definition of ‘relevant market’ and looks forward to the outcomes of the public consultation; underlines the need to adopt a more dynamic approach and take into account a longer-term vision encompassing the global dimension and potential future competition;
Amendment 157 #
2023/2077(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to look atEmphasises the special relevance of emerging gatekeepers in generative Artificial Intelligence under the Digital Markets Act;
Amendment 60 #
2023/2064(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 70 #
2023/2064(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is deeply worried about the persistently high inflation rates, especially core inflation rates, and their detrimental impact on competitiveness, investments, job creation and the purchasing power of consumers; believes that inflation rates are particularly affecting the effective implementation of recovery and resilience plans by driving up costs and reducing return on investment; recalls that such a situation causes economic uncertainty, is a disincentive for saving and increases the cost of living for citizens, affecting those who have fixed or limited incomes in particular; stresses that this can lead to inflation expectations, which sustain a cycle of price hikes and undermine economic stability;
Amendment 80 #
2023/2064(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Expresses concern about the high levels of debt and government deficits within the Member States and the risks that this entails; notes that the situation is worse in the euro area than in non-euro area Member States, especially the deterioration of economic stability and investor confidence, which has a negative impact on economic growth and long-term prosperity; notes that the situation is worse in the euro area than in non-euro area Member States; recalls that responsibly addressing public deficit and debt levels is crucial to avoid the risks associated with the current inflation in order to maintain a stable economy and sustainable growth; looks forward to the outcome of the Commission’s legislative proposals on revising the EU’s economic governance rules and welcomes the ECB’s opinion in this regard;
Amendment 94 #
2023/2064(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that not only do persistent high levels of inflation, the ongoing war in Ukraine and high levels of debt in the Member States threaten the competitiveness of the European economy, and thus the international role of the euro as well, but also the upward price pressure following the implementation of the European Green Deal, the rise of fragmentation and protectionism in global trade, the demographic challenges posed by a smaller workforce and higher state costs, and an impending subsidy race of protectionist policies between states;
Amendment 102 #
2023/2064(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Echoes President Lagarde’s warning that fiscal support should be targeted and limited and should not hinder the task of monetary policy; pPoints out that governments, as well as the Commission, can support citizens and industries not only through fiscal measures, but also by focusing on growth-enhancing reforms;
Amendment 108 #
2023/2064(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that fiscal policy is led by Member States with strong and effective coordination at the EU level; recalls that monetary policy is led by the ECB in an independent way, according to the treaties; takes note of President Lagarde´s comments on the targeted and limited nature of fiscal support by Member States; takes note of some national governments and political leaders comments on the proportionality and adequacy of monetary policy decisions by the ECB; notes that the high levels of inflation require a strong commitment by all EU institutions and national authorities in order to tackle the economic and social consequences of the inflationary crisis;
Amendment 112 #
2023/2064(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the ECB’s support for a well thought out completion of the banking union and the capital markets union; recalls that this would contribute to a larger spread of risks within and the enhanced financial stability of the monetary union and to the EU’s economic and social recovery, the reduction of bank loans’ dependence on capital, and competition with the Asian and American markets; reiterates the need to remove bureaucratic barriers to cross-border investments in the EU, alleviate the tax burden on companies, simplify legal frameworks to attract capital, encourage SMEs’ entry into financial markets and foster financial literacy among citizens to raise awareness of the benefits of investments; recalls the need for clear political will to advance the completion of the banking union and the capital markets union;
Amendment 114 #
2023/2064(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes the ongoing work on the EU bank crisis management and deposit insurance (CMDI); regrets the delay on the adoption of the European Deposit Insurance Scheme (EDIS), as the third pillar of the Banking Union; expects a swift, effective and future-driven negotiating process on CMDI;
Amendment 121 #
2023/2064(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that headline inflation has come down from 8.4 % in 2022 to 5.4 % in 2023, mainly driven by lower energy prices and the easing of supply bottlenecks; observes, however, that inflation remains well above the target level of 2 %; is concerned about second-round effects and the need to take into account improvements in economic productivity;
Amendment 131 #
2023/2064(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that inflation already began rising above target levels in July 2021, thus before Russia’s unprovoked and illegal aggression in Ukraine; deplores, however, that the ECB only started to tackle inflation in June 2022, even though the COVID-19 crisis proved that it is able to act in a timely manner; notes that other central banks acted more promptly, which worsened the inflationary pressure; notes that the ECB raised interest rates in June 2022, initiating a series of 10 consecutive decisions on raising interest rates;
Amendment 140 #
2023/2064(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Fully supportsTakes note of President Lagarde’s statement on fighting inflation for as long as necessary and the commitment to decide based on an evidence-based approach; applauds President Lagarde’s plea for humility and to regularly update the ECB’s models; invites the ECB, however, to fundamentally review its models and their role in its policymaking;
Amendment 146 #
2023/2064(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 151 #
2023/2064(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 164 #
2023/2064(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. SupportsTakes note of the ECB’s decision to scale back its asset-purchasing programmes, in view of the excess liquidity in the market; notes the ECB’s announcement to decarbonise its corporate bond holdings by ‘tilting’ its portfolio; stresses the importance of the quality of the collateral;
Amendment 196 #
2023/2064(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the attention that the ECB pays to the risks of cyberattacks; encourages the ECB to maintain this awareness, especially in the light of the current geopolitical context; calls foron the ECB not to relax its monitoring of the development of cryptocurrencies and the related risks in terms of cybersecurity, money laundering, terrorist financing and other criminal activities related to the anonymity provided by crypto-assetsto maintain its commitment with the resilience of its digital infrastructure;
Amendment 198 #
2023/2064(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the ECB not to relax its monitoring of the development of new types of digital assets, such as crypto- assets, namely cryptocurrencies; understands that special attention must be given to the dimensions of cybersecurity, money laundering, terrorist financing and other criminal activities, such as tax fraud and evasion;
Amendment 211 #
2023/2064(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Shares the ECB’s concern regarding the rise of the shadow banking sector and the risk it may pose to financial stability; stresses the need for adequate regulation in this fieldview that it is necessary to work to achieve a regulation that is adequate for non-bank financial intermediaries, which allow the sector to compete on an equal footing with the banking sector and contribute together to financial stability;
Amendment 21 #
2023/2063(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU labour market continued to perform stronglyshowed resilience in the first half of 2023 despite the slowdown in economic growth, yet labour shortages continue to be acute in some sectors and occupations, according to the Commission’s autumn 2023 forecast; whereas unemployment hit a historic low in the EU as a whole with significant variation across Member States; whereas youth unemployment hit 14,7% in the EU and 14,9% in the Euro Area in October 2023;
Amendment 25 #
2023/2063(INI)
Motion for a resolution
Recital C
Recital C
C. whereas inflation will amount to 6.5 % in the EU and 5.6 % in the euro area in 2023 and is expected to fall to 3.5 % and 3.2 % in 2024 respectively, according to the Commission’s autumn 2023 forecast; whereas these figures are still highly above the ECB's quantitative target of 2% inflation over the medium term;
Amendment 29 #
2023/2063(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the debt-to-GDP ratio is expected to decrease to 83.1 % in the EU (90.4 % in the euro area); whereas the debt-to-GDP ratio is expected to marginally decline in the EU to around 82.7 % in 2024 and 82.5 % in 2025; whereas this reality varies significantly among the Member States; whereas a sustainable path to reduce public debt is essential to preserve economic stability, to safeguard balanced budgetary policies and to stand for intergenerational fairness;
Amendment 126 #
2023/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Shares the view that the 2024 CSRs need to be focused on a limited set of challengchallenges related to economic and budgetary policies; underlines that CSRs must equshally serve to enhance competitiveness, promote the green and digital transitions and ensure social and intergenerational fairness; stresses that CSRs need to take account of social vulnerabilities;
Amendment 164 #
2023/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers it urgent and necessary to reform the EU fiscal rules and welcomes the proposals put forward by the Commission; regrets that such reform was not completed before the end of 2023;
Amendment 234 #
2023/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 4 #
2023/2058(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the economic recovery and the climate crisis increase the need to mobilise more resources and re-evaluate current taxation policies in the Member Statessecutive crises from the last decade on public finances and Covid-19 were followed by the Russian military aggression against Ukraine and their consequences increase the need to mobilise more resources; whereas these crises resulted in a complex international framework where we face war at European borders, an inflationary prolonged pressure, an economic downturn and a regression on globalization, multilateralism and global cooperation; whereas fiscal measures should not hinder private initiatives that generate economic growth, reactivate countries’ economies and promote job creation in the EU;
Amendment 11 #
2023/2058(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas tax policy is an important instrument to finance national fiscal policies that support the economic recovery but also to uphold private initiative and investment; whereas taxation should not be an obstacle to citizens, families and companies to invest and, therefore, it shall be limited on the rates, be simple and accessible on the administrative field and be stable and predictable on its legal design;
Amendment 14 #
2023/2058(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas tax policy has a fundamental role in times of crisis because it can be used to free citizens from excessive tax, administrative and legal burdens that block the much needed private investment to support economic recovery;
Amendment 15 #
2023/2058(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas tax policy is a national competence under the EU treaties and the European legislation must be focused on the legislative coordination and administrative cooperation;
Amendment 17 #
2023/2058(INI)
Motion for a resolution
Recital B
Recital B
Amendment 26 #
2023/2058(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the growing trend of cross- border teleworkers, including digital nomads, has created difficulties for the taxation of labour incomedefinition for tax residency;
Amendment 28 #
2023/2058(INI)
Motion for a resolution
Recital D
Recital D
Amendment 32 #
2023/2058(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas in total, the composition of the tax mix in the EU remained broadly stable in the 2004-2019 period, while the overall level of tax revenue slightly increased; whereas the composition of the tax mix (relative shares of labour, consumption, capital, environmental and other taxes) varies significantly in the EU, with some Member States having a more growth-friendly tax mix than others;
Amendment 35 #
2023/2058(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU Member States rely disproportionatetax revenue relies mostly on labour income taxes, social contributions and indirect taxes, such as the value added tax (VAT);
Amendment 39 #
2023/2058(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas in order to enhance the performance of the single market, tax coordination among the Member States is essential for further integration, always bearing in mind that Member States are free to determine their own tax policies within the limits of the EU Treaties;
Amendment 40 #
2023/2058(INI)
Motion for a resolution
Recital F
Recital F
Amendment 47 #
2023/2058(INI)
Motion for a resolution
Recital G
Recital G
G. whereas concerns have been raised about the potential double taxation of Ukrainian refugees who continue to perform their duties for their Ukrainian employer while working remotely from their host countries and about the lack of a comcoordination among EU approachMember States on this matter;
Amendment 54 #
2023/2058(INI)
Motion for a resolution
Recital I
Recital I
Amendment 60 #
2023/2058(INI)
Motion for a resolution
Recital J
Recital J
Amendment 63 #
2023/2058(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas air and maritime transport are the main drivers of international trade and facilitate the global distribution of goods; whereas the creation of a specific tax framework for those sectors would have an impact on the price of products and, consequently, on the final consumer; whereas the tax system for those sectors should seek not to penalise but to encourage the application of technological solutions aimed at decarbonising the sector and promoting the use of clean energy;
Amendment 68 #
2023/2058(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the informal economy represents an exorbitant part of the EU Member States economy, although national realities are significantly different among them; whereas this scenario means that an inordinate part of due taxes are lost to tax evasion;
Amendment 69 #
2023/2058(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the complexity of national tax systems and the bureaucracy involved in taxation-related matters are excessive and represent a significant administrative burden that is an overwhelming cost for citizens, families and companies;
Amendment 72 #
2023/2058(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that tax systems and fiscal capacities in the Member States are facing severe shocks, an ageing population and challenges related to the green transitiondemographic trends, the digital transformation of their labour markets and the existing tax gap9 , the post-pandemic scenario and the consequences of the ongoing Russian military aggression against Ukraine, all of which emphasise the need for large public investments in order to achieve a sustainable economic recovery, mobilise private capital and attract entrepreneurship; _________________ 9 European Commission, ‘Tax policies in the European Union – 2020 survey’, Publications Office of the European Union, Luxembourg, 2020. and private investment;
Amendment 78 #
2023/2058(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes with concern that the impacts of the COVID-19 pandemic, the subsequent energy-price shock and inflation are highly regressive, withfollowing the Russian military aggression against Ukraine and the high inflation are harmful for European citizens and companies, especially for the poorest households and SMEs being hit the hardest; observes that effective tax rates rose significantly for families with children, particularly at lower income levels10 ; notes with concern that gender inequality worsened during the pandemic; _________________ 10 OECD, ‘Double blow for workers as inflation drives real wages down and labour taxes up’, 25 April 2023.inflation pushed up overall VAT receipts mechanically leading to higher VAT revenue for Member States; regrets that these revenue gains have not led Member States to lowering other taxes for citizens and SMEs;
Amendment 82 #
2023/2058(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regrets that, despite the increased tax revenue registered in some Member States due to the effects of inflation - namely on indirect taxes -, in most Member States this window of opportunity to lower tax rates without compromising the stability of public finances was not taken;
Amendment 87 #
2023/2058(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 95 #
2023/2058(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 100 #
2023/2058(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that the excess profit taxes in place in some Member States are temporary and limited measures to tackle the inflationary pressure; considers that Member States must regularly screen the proportionality, adequacy and effectiveness of such taxes; calls on the Commission to assess the framework of these taxes and their compatibility with EU primary and secondary Law with an EU-wide evaluation; warns against the risks of taking private investment away from projects linked to the twin transition by excessively taxing the "excess profits";
Amendment 103 #
2023/2058(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned that the impact of temporary VAT reductions for end consumers was limited and was more pronounced for companies that increased their profit margins because of these reduction; calls on Member States to properly assess the effectiveness of such temporary measures on guaranteeing that such reductions have impact on the final price of products and services;
Amendment 109 #
2023/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets that, in the overall tax mix, environmental taxation remains underutilised in the EU; regrets that fossil fuel subsidies remain high; observes that, overTakes note of the significant changes in individual Member States regarding environmental tax revenue as a share of GDP1a, especially on energy taxes; observes that the Fit for 55 package put forward legislative tools to deliver on the European Climate Law targets, especiall,y the tax systems in the Member States are notEnergy Tax Directive, the EU Emissions Trading System and CBAM; considers that such initiatives contribute to responding to the climate and biodiversity crises and are contributing insufficiently to reaching the EU’s climate goals; _________________ 1a https://taxation- customs.ec.europa.eu/system/files/2023- 07/ART%20- %20Report%202023_Digital%20Version_ 1.pdf
Amendment 117 #
2023/2058(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to consider the ‘COVID-19 precedent’ for the taxation of cross-border workers as regards the tax treatment of Ukrainian refugees, which would entail disregarding the additional days spent in the host country for the calculation of the 183-day rule; recommends that the Member States’ national tax authorities offer tax guidance to refugees and significantly reduce administrative complications; underlines the importance and clear added value of cooperation between EU Member States and Ukraine in the field of taxation; considers that national tax authorities, through Fiscalis, can put in place an effective communication channel with the Ukrainian national tax authority; calls on Member States to consider the creation of such communication and cooperation channel;
Amendment 122 #
2023/2058(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on Member States to consider a significant reduction on personal income taxes and corporate income tax taking advantage of the extraordinary amount of tax revenues that resulted from the effects of inflationary pressure; recommends that such reduction on personal income taxation is focused in lowest income households;
Amendment 123 #
2023/2058(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on Member States to consider a significant reduction on personal income tax rates, namely through the limitation of such rate at 15% to young people under 35 years old, in order to support younger households, conditions for investment and entrepreneurship, youth emancipation and tackle the "brain drain";
Amendment 126 #
2023/2058(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that, in light of the many crises faced by citizens and the Member States, the EU should seize the opportunity to carry out a full-scale and holisticcomprehensive analysis of itMember States tax systems, evaluating the added value of EU legislation and the existing loopholes on administrative cooperation in the field of taxation;
Amendment 130 #
2023/2058(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to launch a comprehensive evaluation followed by an action planpresent an evaluation report on the implementation of Commission Communication of 15 July 2020 on ‘An action plan for fair and simple taxation supporting the recovery strategy’ (COM(2020)0312) before coming up with another action plan; asks the Commission for a concrete explanation about possible delays on important areas for reform in order to strengthen the Member States’ tax systems by making them future-driven and crisis proof, including through the simplification of their national tax systems; recalls for the Commission to come forward with a tax proposal underthat Article 116 of the Treaty on the Functioning of the European Union to solve specific tax distortions in the Member States(TFEU) states that distortion of competition in the internal market by Member States needs to be eliminated;
Amendment 144 #
2023/2058(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights that environmental taxes and well-designed incentives have theConsiders that tax incentives, namely reductions and exemptions, can contribute to the fulfilling of EU goals in the field of climate change and biodiversity protenctial to both cover the need for additionalon; warns against the risks of excessive environmental taxes because of their instable tax revenues and support a carbon- free economythe consequences on companies - namely SMEs - conditions to invest; calls on the Member States to finally agree onadjust the proposed revision of the Energy Taxation Directive11 and to find a better balance between protecting citizens welfare, companies growth and the environment; _________________ 11 Commission proposal of 14 July 2021 for a Council directive restructuring the Union framework for the taxation of energy products and electricity (COM(2021)0563).
Amendment 154 #
2023/2058(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes with concern that income inequality has increased in the last 30 years, with wealth being even more concentrated than income and capital gains being mostly realised by the top decile of the population; considers that the Member States should more effectively redistribute income and wealth through the taxation of capital gains, property and wealth; supports calls to start international-level negotiations to establish a progressive wealth tax, in the same vein as the OECD/G20 global tax deal for corporations; Observes that medium-term progress in reducing income inequality remains limited as according to the Commission; notes that the EU income quintile ratio inequality was similar to 10 years ago1a; considers that the Member States should more effectively redistribute income via the labour market and design the tax system to generate jobs; considers that Member States shall design their national tax systems in order to promote equality and social inclusion; warns against the risks of establishing a wealth tax because of the difficulties in defining the tax base and the enormous and disproportionate bureaucratic effort on tax collection; considers that tax authorities shall use their limited resources better than chasing an ill- defined wealth tax; recalls that the EU treaties do not provide any legal basis for an EU initiative on this matter; calls on Member States to address the taxation of wealthy individuals in their national legal framework for the taxation of individual income; _________________ 1a https://taxation- customs.ec.europa.eu/system/files/2023- 07/ART%20- %20Report%202023_Digital%20Version_ 1.pdf, p 56
Amendment 175 #
2023/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. WelcomesTakes note of the adopted solidarity contribution in the EU; regrets, however, itswelcomes, in this regard, the limited scope and shortlimited time span; calls on the Commission to consider a permanentwarns against the risk of implementing further excess profits tax on all sectors, in light of the growing evidence that inflation is partly profit driven; believes that such taxes wouldes, among others taking investment away from projects for succeeding in the twin digital and sustainable transition; recalls that the main objective of the EU competition rules is to enable the proper functioning of the EU's internal market and in doing so to curb the oligopolistic power of certain companies and boost competitiveness, while fighting inflation and raising revenue;
Amendment 184 #
2023/2058(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 186 #
2023/2058(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission and the Council to review the taxation of air and maritime transport to align it with the goal of decarbonisation and the promotion of cleaner transport solutions; recalls that the creation of tax frameworks for maritime and air transport increases the prices of products and goods, which has an impact on the final consumer;
Amendment 189 #
2023/2058(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 192 #
2023/2058(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recalls its resolution of 20 October 2022 on COP27, calling on the European Commission to engage with major CO2 emitters outside the EU in creating an international climate club; recalls the CBAM agreement of December 2022 stressing the need for bilateral, multilateral and international cooperation with third countries and reiterates its calls for setting up a climate club to promote global implementation of ambitious climate action and to help countries advance towards a global carbon-pricing framework;
Amendment 195 #
2023/2058(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 198 #
2023/2058(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to put in place an EU-wide programme of cooperation and coordination among national tax authorities to tackle the tax evasion related to the mechanisms of informal economy, sharing good practices and benchmarking adopted solutions at the national level;
Amendment 200 #
2023/2058(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on the Commission to increase the financing of the Fiscalis programme and to promote its reform in order to transform this network in a true space of benchmarking and sharing of good practices, namely in the field of administrative simplification and strategies to tackle tax fraud and evasion;
Amendment 201 #
2023/2058(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Recommends to the Member States with progressive systems on what regards personal income taxation to consider a solution of automatic legal adaptation of tax brackets according to inflation;
Amendment 202 #
2023/2058(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Calls on the Commission to conduct a comparative study on the tax incentives applied across Europe; calls on the Fiscalis network to support the Commission on this task and to promote a comprehensive debate on the effectiveness of such incentives and their adequacy to the political objectives pursued;
Amendment 203 #
2023/2058(INI)
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17e. Recommends to the Member States to consider tax exemptions on productivity bonus in order to promote higher productivity levels with proper incentives to workers that can increase their income through these bonus;
Amendment 204 #
2023/2058(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 210 #
2023/2058(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to look into the gender pay gap situation from a tax perspective;
Amendment 211 #
2023/2058(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls on the Commission to conduct an extensive assessment on the added value of EU legislation in the field of taxation and the consequences of consecutive changes in the legal framework, namely on the costs incurred by citizens and companies to comply with volatile legal regimes; asks the Commission to abstain from proposing new initiatives when new obligations can represent an excessive tax and/or administrative burden;
Amendment 212 #
2023/2058(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Regrets that the Commission did not presented the announced recommendation on EU Taxpayers Rights - Simplified Procedures for Better Tax Compliance, although it conducted a public consultation in order to present such act in the third quarter of 2021; calls on the Commission to present this recommendation without any delay;
Amendment 51 #
2023/0322(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) Where Member States apply or interpret the arm’s length principle in a significantly differentl way, they create situations that could harm the internal market. Inconsistency and could lead to unnecessary costs for businesses in case of disputes. Such significant differences in applicable transfer pricing rules not only could lead to double taxation, but also allowcan also be misused for profit shifting and tax avoidance. Such inconsistency is a purposes. Such significant inconsistencies can present serious tax obstacle for businesses operating across borders, is likely to cause economic distortions and inefficiencies and has a negative impact on cross-border investment and growth. Tax administrations, however, should not automatically assume that associated enterprises have sought to manipulate their profits. There may be a genuine difficulty in accurately determining a market price in the absence of market forces or when adopting a particular commercial strategy. The consideration of transfer pricing should not be confused with the consideration of problems of tax fraud or tax avoidance, even though transfer pricing policies may be used for such purposes.
Amendment 57 #
2023/0322(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive lays down rules to ensure a common application of the arm’s length principle across the Union with the aim of increasing tax certainty and reducing occurrences of double taxation as well as double non taxation in line with the OECD guidelines.
Amendment 61 #
2023/0322(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) To ensure that the arm’s length principle is applied in a uniform way across the Union, Member States should apply a common definition of associated enterprises derived from the OECD guidelines . In order to ensure equal treatment, a permanent establishment should be treated, for the purpose of this Directive, as an associated enterprise and thus the internal dealings between head office and permanent establishment should be determined in accordance with the arm’s length principle.
Amendment 78 #
2023/0322(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) In order to minimise disputes, reduce related costs to businesses, and ensure a common approach across the Union, this Directive further provides that a taxpayer should not be subject to adjustment when its results fall within the interquartile range unless the tax administration or the taxpayer proves that a specific different positioning in the range is justified by the facts and circumstances of the specific case. When the results of a controlled transaction fall outside the arm's length range, tax administrations should be required to make an adjustment to the median of all the results unless the taxpayer or the tax administration proves that any other point of the range determines a more reliable arm’s length price in a given case.
Amendment 80 #
2023/0322(CNS)
Proposal for a directive
Recital 14
Recital 14
(14) In order to lower the compliance burden for taxpayers that operate cross- border within the Union a common approach towards the documentation on transfer pricing should further be introduced. One standard template, rules on content and linguistic arrangements, timeframes and which taxpayers should be in scope would bring simplicity and potential cost savings taking into account chapter V ‘Documentation’ of the OECD Transfer Pricing Guidelines and the Code of conduct on transfer pricing documentation for associated enterprises in the European Union33 . Harmonized interpretation of those terms at Union level is also necessary to facilitate application of this Directive by the tax administrations and businesses Therefore, Member States shall empower their tax administrations to deal efficiently with the common documentation efforts on transfer pricing. _________________ 33 Resolution of the Council and of the representatives of the governments of the Member States, meeting within the Council, of 27 June 2006 on a code of conduct on transfer pricing documentation for associated enterprises in the European Union (EU TPD), 2006/C 176/01, https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=uriserv%3AOJ.C_.2 006.176.01.0001.01.ENG&toc=OJ%3AC %3A2006%3A176%3AFULL
Amendment 85 #
2023/0322(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) The rules provided by this Directive should be applied in in a manner consistent with the most up-to-date version of the OECD Transfer Pricing Guidelines.
Amendment 88 #
2023/0322(CNS)
(16) In order to create more certainty for taxpayers and mitigate the risk of double taxation, the possibility to establish further common transfer pricing binding rules by way of implementingdelegated acts is provided in this Directive. Those implementingdelegated acts should provide taxpayers with a clear view of what tax authorities in the Union would consider to be acceptable to be used for specified transactions and provide so- called ‘safe harbours’ that bring down the compliance burden and the number of disputes. In view of the potential impact of such measures on national executive and enforcement power regarding direct taxation, the exercising of taxing rights allocated under bilateral or multilateral tax conventions that prevent double taxation or double non-taxation and in view of potential impact on Member States’ tax bases, implementing powers to adopt decisions under this Directive should be conferred on the Council, acting on a proposal from the Commission.
Amendment 97 #
2023/0322(CNS)
Proposal for a directive
Recital 20
Recital 20
(20) The retention period of 105 years is justified in order to allow Member States to comply with most statutes of limitations.
Amendment 115 #
2023/0322(CNS)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 118 #
2023/0322(CNS)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a person participates in the control of another person through a holding that exceeds 2533 % of the voting rights;
Amendment 123 #
2023/0322(CNS)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a person participates in the capital of another person through a right of ownership that, directly or indirectly, exceeds 25 33% of the capital;
Amendment 124 #
2023/0322(CNS)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) a person is entitled to 2533 % or more of the profits of another person.
Amendment 148 #
2023/0322(CNS)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the arm's length price is determined by applying the most appropriate transfer pricing method to the circumstances of thefor a particular case.
Amendment 180 #
2023/0322(CNS)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The rules referred to in paragraphs 2 shall be taken by means of Council implementingdelegated acts based on a proposal from the Commission.
Amendment 187 #
2023/0322(CNS)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission shall examine and evaluate the application of this Directive every 5 years and submit a report on its evaluation to the European Parliament and to the Council. The first report shall be submitted by 31 December 2031or after the adoption of updated OECD Guidelines on Transfer Pricing, whichever is earlier, and submit a report on its evaluation to the European Parliament.
Amendment 190 #
2023/0322(CNS)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Amendment 194 #
2023/0322(CNS)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Information, including personal data, processed in accordance with this Directive shall be retained only for as long as necessary to achieve the purposes of this Directive, in accordance with each data controller’s national law on statute of limitations, but in any case no longer than 105 years.
Amendment 39 #
2023/0320(CNS)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) The 24 million SMEs established in the EU represent two thirds of private sector jobs and 99% of all businesses in the Union, being the backbone of European economy. It is therefore essential to support micro, small and medium enterprises in order to promote job creation, to enhance growth, to stand for a fair and transparent competition, to support competitiveness and to attract investment. To that end, the EU must tackle dimensions such as payment delays, access to finance, skills, digital transition, innovation, internationalisation or access to data. However, regulatory obstacles or administrative burden continues to be the key challenge for European SMEs. This Directive must be interpreted according to the principle of SME relief and support.
Amendment 40 #
2023/0320(CNS)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2 b) SMEs spend approximately 2,5% of their turnover on compliance costs related to tax obligations. The situation of very small enterprises is particularly serious, as they represent 90% of the estimated yearly EUR 54 billion costs of EU businesses compliance costs related to their corporate income taxes. This scenario proves the need for the adoption of this Directive in order to significantly reduce tax compliance costs and free financial resources to allow SMEs to invest on their business.
Amendment 41 #
2023/0320(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) The variety of ways for doing business in the internal market requires different solutions for different businesses when it comes to tackling the current challenges posed by their cross-border operations. For smaller businesses which are not part of a group, it is more difficult to expand cross-border than for larger businesses. It is thus more burdensome for those smaller businesses to grapple with complex procedures and high compliance costs, as well as the uncertainty involved in investing their own assets in an unknown market. It is therefore evident that micro, small and medium-sized enterprises, at the initial stages of expansion, need a solution such as a simplified mechanism for the computation of their taxable result when they operate across the border exclusively by way of permanent establishments, as well as tax incentives to attract them.
Amendment 43 #
2023/0320(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) The variety of ways for doing business in the internal market requires different solutions for different businesses when it comes to tackling the current challenges posed by their cross-border operations. For smaller businesses which are not part of a group, it is more difficult to expand cross-border than for larger businesses. It is thus more burdensome for those smaller businesses to grapple with complex and highly bureaucratic procedures and high compliance costs. It is therefore evident that micro, small and medium-sized enterprises, at the initial stages of expansion, need a solution such as a simplified mechanism for the computation of their taxable result when they operate across the border exclusively by way of permanent establishments.
Amendment 45 #
2023/0320(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) To remedy tax uncertainty and the difficulty in complying with the rules of an unknown tax system when operating in (an)other Member State(s) (which is one of the key impeding factors for SMEs to expanding abroad), the taxable result of permanent establishments should be computed on the basis of the rules of the Member State where the Head Office (headquarters of the SME) is resident for tax purposes. This also means that the principles governing the attribution of income to a permanent establishment, set out in the applicable bilateral convention for the avoidance of double taxation between the Member State of the permanent establishment and the Member State of the Head Office, would also continue to apply. To ensure that any new rules constitute a source of simplification for SMEs, their application should be optional, and thus left to the choice of the taxpayer. Moreover, the application of these rules shall not, under any circumstances, lead to higher tax rates than the ones defined in the national tax legal frameworks.
Amendment 46 #
2023/0320(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) To remedy tax uncertainty and the difficulty in complying with the rules of an unknown tax system when operating in (an)other Member State(s) (which is one of the key impeding factors for SMEs to expanding abroad), the taxable result of permanent establishments should be computed on the basis of the rules of the Member State where the Head Office (headquarters of the SME) is resident for tax purposes. This also means that the principles governing the attribution of income to a permanent establishment, set out in the applicable bilateral convention for the avoidance of double taxation between the Member State of the permanent establishment and the Member State of the Head Office, would also continue to apply. To ensure that any new rules constitute a source of simplification for SMEs, their application should be optional, and thus left to the choice of the taxpayer and enough leeway should be provided for their application and adaptation to the new rules.
Amendment 52 #
2023/0320(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) International shipping is a specific sector of activity subject to special tax regimes in several Member States. Those regimes mostly consist of computing the tax base on the basis of the tonnage (i.e. the carrying capacity) of the operated ships rather than on the basis of actual profits or losses incurred by the company. On this premise, SMEs that derive income from shipping activities covered by a tonnage tax regime should be excluded from opting in the SME simplification rules in respect of such income attributed to a permanent establishment. This exclusion would avoid additional complication, which would be expected to arise from the interaction between the SME tax simplification framework and tonnage tax regimes. In addition, such a potential complication would appear disproportionate, considering the absence of such special tax regimes in some Member States. In any case, this exclusion shall be proper evaluated after 5 years of implementation of this Directive. No other sectors of activity would be excluded from the scope of the Directive.
Amendment 54 #
2023/0320(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) The proposal aims to provide significant procedural simplification, thus a one-stop-shop should be put in place, whereby the tax filing, tax assessments and the collection of the tax due by the permanent establishment(s) would be dealt with through a single tax authority (‘filing authority’), i.e. the tax authority in the Member State of the head office. The one- stop-shop should provide all the features of simplification so it does not become another obstacle for businesses that wish to invest abroad. In full respect of Member States’ sovereignty in tax matters, audits, appeals and dispute resolution procedures would primarily be kept domestic and in accordance with the procedural rules of the respective Member State. To support the functioning of a one- stop-shop, it would be critical to provide for joint audits, which create an obligation tomean the Member State of the head office toshould cooperate if the tax authority of the permanent establishment requests an audit covering the computation of the taxable result of its taxpayer.
Amendment 56 #
2023/0320(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) The proposal aims to provide significant procedural simplification, thus a one-stop-shop should be put in place, whereby the tax filing, tax assessments and the collection of the tax due by the permanent establishment(s) would be dealt with through a single tax authority (‘filing authority’), i.e. the tax authority in the Member State of the head office. In full respect of Member States’ sovereignty in tax matters, audits, appeals and dispute resolution procedures would primarily be kept domestic and in accordance with the procedural rules of the respective Member State. To support the functioning of a one- stop-shop, it would be critical to provide for joint audits, which create acreating a cooperation obligation tofor the Member State of the head office to cooperate if the tax authority of the permanent establishment requests an audit covering the computation of the taxable result of its taxpayers tax authorities.
Amendment 57 #
2023/0320(CNS)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) The One-Stop-Shop (OSS) solution is valued by European SMEs and its creation shall represent an optional facilitation tool for the tax-related procedures of SMEs. The good experience with the VAT return via the OSS, with 130.000 companies filling their VAT return via the OSS and more than EUR 17 billion collected in VAT revenue, in 2022, motivates the model replication in the context of this Directive.
Amendment 59 #
2023/0320(CNS)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) The evaluation report shall assess all relevant aspects of the Directive implementation and shall focus on the advantages of a possible extension of the scope, the adequacy of the eligibility requirements, the appropriateness of the exclusion situations - namely the set up of subsidiaries - and the need for the exclusion of shipping activities. These dimensions must be also addressed in the possible proposal to amend this Directive, either with concrete legislative changes or a reasonable justification for the maintenance of the rules.
Amendment 61 #
2023/0320(CNS)
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13 b) As the potencial reduction of tax compliance costs by SMEs depends directly from their voluntary adoption of the rules set out in this Directive, an EU- wide information campaign towards SMEs must be envisaged by the Commission. Such information campaign shall be integrated in a wider communication strategy on the new tax- related EU legislation and its impact on EU businesses.
Amendment 63 #
2023/0320(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Since the objective of this Directive, namely the simplification of tax rules for certain SMEs operating cross border in the internal market through permanent establishment(s), cannot sufficiently be achieved by the Member States but can rather, by reason of the existing challenges which are caused by the interaction between 27 different national corporate tax systems, be better achieved at Union level, while respecting the national tax sovereignty of Member States, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective;
Amendment 90 #
2023/0320(CNS)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. If the head office opts to apply the head office taxation rules in accordance with paragraph 1, it shallmay apply those rules to all its permanent establishments in other Member States. If it creates a new permanent establishment in another Member State, it shallmay apply head office taxation rules to such permanent establishment from the moment of its establishment.
Amendment 103 #
2023/0320(CNS)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where a host Member State concludes that the presence of an SME in its territory qualifies as a permanent establishment, it shall inform the filing authority. Upon that information, the filing authority shall inform the competent tax authority of the host Member State on whether the head office applies the head office taxation rules in respect of its permanent establishments. The Head Office must be duly informed about these procedures, without undue delay.
Amendment 120 #
2023/0320(CNS)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The filing authority shall inform the host Member States of the termination referred to in paragraph 1 as soon as possible and, in any case, before the end of the fiscal year in which the reasons for thate termination occurred.
Amendment 122 #
2023/0320(CNS)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. If the SME referred in Article 2(1) transfers its tax residence to another Member State, it may opt to apply the head office taxation rules of its new Member State of tax residence in accordance with Articles 4 to 7. This shall be considered a new optionIn such situation, the criteria laid down in article 4 - paragraph 1 - point b) shall not apply.
Amendment 135 #
2023/0320(CNS)
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) the SME set up one or more subsidiaries within or outside the Union;
Amendment 137 #
2023/0320(CNS)
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) the criterion set out in Article 2(1), point (d) has not been met for twohree consecutive fiscal years.
Amendment 142 #
2023/0320(CNS)
Proposal for a directive
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(a) assets and liabilities attributed to the permanent establishment(s);
Amendment 150 #
2023/0320(CNS)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The head office shall settle, through the filing authority, the income tax liabilities with regard to both its taxable result and the taxable result of its permanent establishment(s) in the host Member State(s). if it so wishes. It may instead settle them through its establishment(s) if it sees fit.
Amendment 158 #
2023/0320(CNS)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The tax authorityies of the host Member State or the head office Member State may request that an audit be carried out jointly with the filing authority covering the computation of the taxable result of the permanent establishment in accordance with the head office taxation rules, the attribution of profits to the permanent establishment and/or the applicable tax rate. Joint audits shall be conducted in accordance with Council Directive 2011/16/EU18 . Notwithstanding the provisions in the aforementioned Directive, the requested competent authority shall accept such request by the authorities of the host Member State or the head office Member State. _________________ 18 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64, 11.3.2011, p. 1)
Amendment 169 #
2023/0320(CNS)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. The report referred in paragraph 1 shall evaluate, among other relevant aspects, the possible extension of the scope of the Directive, the appropriateness of the criteria laid down in article 10, namely the exclusion of SMEs that set one or more subsidiaries, and the adequacy of the exclusion of the shipping activities laid down in article 5.
Amendment 30 #
2023/0264(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that tax policy is a national competence of Member States and that the EU intervenes in the area of taxation with the main goal of coordination and cooperation; recognises the important role of national tax authorities and understands the complex framework of administrative cooperation in the field of taxation; calls, therefore, for the sufficient funding of the Fiscalis programme;
Amendment 36 #
2023/0264(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that the completion of the Capital Markets Union and the facilitation of companies’, namely SMEs’, access to financing, is a priority for the Union; calls for an in-depth assessment on the added value of EU legislation in the EU capital markets competitiveness; understands that the EU funded programmes to support SMEs must be properly financed and should be financially reinforced;
Amendment 37 #
2023/0264(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers that public investment is essential to pursue the EU’s political objectives; recognises that private investment is the key driver or job creation, growth generation and competitiveness reinforcement; calls, therefore, for a financial increment of the InvestEU programme ;
Amendment 49 #
2023/0264(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognises that the implementation of the MRR has been slow and that there are significant differences between Member States in its implementation; underlines the importance of systematic coherence, synergies and the added value of transnational and cross-border projects in the context of MRR and European Structural and Investment Funds.
Amendment 50 #
2023/0264(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that all organisations receiving Union funding must behave in a politically neutral and impartial manner; notes that this also applies to organisations that are supposed to provide independent financial expertise, as well as organisations that conduct research in the area of taxation;
Amendment 34 #
2023/0237(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Accessing and re-using new data sources, which emerge as by-products of digital services and the Internet of Things (IoT), is becoming vital for producing timely, suitably frequent and sufficiently detailed European statistics in a more efficient and less costly way. Therefore, access to new data sources in general and particularly to privately held data for the development and production of European official statistics on a sustainable basis and according to fair, clear and, predictable rulesand proportional rules in line with the European Union’s fundamental rights framework should be ensured.
Amendment 35 #
2023/0237(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The reuse of privately held data and other new data sources should be subject to strict legal, technical and procedural safeguards and guarantees, including applying a high level of security, confidentiality and respect for privacy, as already enshrined in Regulation (EC) No 223/2009. The possibility to request access to privately held data should be limited to the national statistical institutes (NSIs), acting on their own or on behalf of another national authority of the ESS, and the Commission (Eurostat) only and should, as a pre-requisite, be established in an annual work programme and restricted to cases where, on the one hand, the data requested is absolutely necessary for the development and production of European statistics and, on the other hand, the data cannot be readily obtained otherwise or the data reuse would result in a considerable reduction in the response burden on data holders and other businesses.
Amendment 36 #
2023/0237(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Data requests by the NSIs or the Commission (Eurostat) should be clear, transparent and proportionate in terms of their scope and level of detail. In that connection, it is necessary to specify and explain at least the purpose of the request, the intended use of the data requested, the frequency with which and deadlines by which the data should be made available as well as the operational arrangements for making them available.
Amendment 37 #
2023/0237(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) With the data requests, the NSI or the Commission (Eurostat) should invite the data holder to a dialogue to specify the concrete parameters of data requests, arrangements, specific measures to offset potential costs incurred to make data available as well as any organisational and technical measures to protect data confidentiality and trade secrets, with a view to concluding an agreement on those aspects. If no agreement is concluded within three months, the NSI or the Commission should have the possibility to adopt a duly justified decision requiring the private data holder to make data available. If the data holder intentionally or negligently fails to transmit the requested data within the set period or transmits incorrect, incomplete or misleading data, the NSI or the Commission should have the possibility to adopt penalties that should be effective, proportionate and dissuasive, taking into account the nature, gravity, recurrence and duration of the violation, in view of the public interest pursued. The penalties adopted by the NSIs should be equivalent to penalties regarding infringements of similar national rules. All decisions taken by the Commission under this Regulation are subject to review by the Court of Justice of the European Union in accordance with the Treaty on the Functioning of the European Union. The Court of Justice of the European Union should have unlimited jurisdiction in respect of fines adopted by the Commission in accordance with Article 261 of the Treaty on the Functioning of the European Union.
Amendment 39 #
2023/0237(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Where the activities to be carried out under this Regulation involve the processing of personal data, such processing should comply with the relevant EU legislation on personal data protection, namely Regulation (EU) 2018/1725 of the European Parliament and of the Council11 and Regulation (EU) 2016/679 of the European Parliament and of the Council12. In accordance with the data minimisation principle set out in these regulations, data provided under this Regulation should normally be aggregated to such a degree that individuals cannot be identified. __________________ 11 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 12 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 53 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 223/2009
Article 16 a – paragraph 6
Article 16 a – paragraph 6
6. Measures adopted under paragraph 5 shall remain in force for a period not exceeding 2418 months.;
Amendment 56 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 b – paragraph 1 – point a
Article 17 b – paragraph 1 – point a
(a) the data requested is absolutely necessary for the development and production of European statistics; and
Amendment 57 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 b– paragraph 1 – point b
Article 17 b– paragraph 1 – point b
(b) the data cannot be readily obtained by alternative means such as surveys or reuse of administrative records, or their reuse will result in a considerable reduction in the response burden on data holders and other businesses.
Amendment 59 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 c – paragraph 3
Article 17 c – paragraph 3
3. Following a request for data referred to in paragraph 1, a dialogue shall take place between the NSI or the Commission (Eurostat) and the concerned data holder to discuss aspects such as the level of aggregation of the data, the deadline and arrangements for the provision of the data, the security and confidentiality protection measures as well as possiblthe cost compensation aspects, with the aim of concluding an agreement on those aspects.
Amendment 60 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 c – paragraph 4
Article 17 c – paragraph 4
4. If no agreement is concluded within three months following the notification of the request for data referred to in paragraph 1, the NSI or the Commission may, by duly justified decision, require the private data holder to make the data available. The decision shall be specific as required under paragraph 1 letters (a) to (d) and shall take into account issues on which views may have converged during the dialogue with the data holder. The decision may also include compensation for the private data holder that shall not exceed the marginal costs related to the preparation required for making the data available. The period for making the data available may not be shorter than 15 days. Before adopting the decision, the NSI or the Commission shall give the data holder the opportunity of being heard on the measures that the NSI or the Commission intend to take. The decision shall indicate the fines provided for under paragraph 6 and the means of redress against it.
Amendment 246 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘payment service provider’ means a payment service provider as defined in Article 43, point (114) of Directive 2015/2366[please insert reference to Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on payment services in the internal market and amending Regulation (EU) No 1093/2010];
Amendment 246 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘payment service provider’ means a payment service provider as defined in Article 43, point (114) of Directive 2015/2366[please insert reference to Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on payment services in the internal market and amending Regulation (EU) No 1093/2010];
Amendment 274 #
2023/0212(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The digital euro is hereby established as the digital form of the EU single currency.
Amendment 274 #
2023/0212(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The digital euro is hereby established as the digital form of the EU single currency.
Amendment 292 #
2023/0212(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The ECB and the Member States shall ensure that adequate measures are in place to raise awareness among the public about the availability and features of the digital euro and possibilities of access to the digital euro.
Amendment 292 #
2023/0212(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The ECB and the Member States shall ensure that adequate measures are in place to raise awareness among the public about the availability and features of the digital euro and possibilities of access to the digital euro.
Amendment 298 #
2023/0212(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) where the payee is a an enterprise which employs fewer than 150 persons or whose annual turnover or annual balance sheet total does not exceed EUR 210 million, or is a non-profit legal entity as defined in in Article 2, point (18), of Regulation (EU) 2021/695 of the European Parliament and of the Council44 , unless it accepts comparable digital means of payment; __________________ 44 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1).
Amendment 298 #
2023/0212(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) where the payee is a an enterprise which employs fewer than 150 persons or whose annual turnover or annual balance sheet total does not exceed EUR 210 million, or is a non-profit legal entity as defined in in Article 2, point (18), of Regulation (EU) 2021/695 of the European Parliament and of the Council44 , unless it accepts comparable digital means of payment; __________________ 44 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1).
Amendment 300 #
2023/0212(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 300 #
2023/0212(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 303 #
2023/0212(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 303 #
2023/0212(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 416 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
Amendment 416 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
Amendment 440 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. For the purpose of Article 15(2), any merchant service charge or inter-PSP fee in relation to digital euro payment transactions shall comply with the principle of proportionality. Any merchant service charge or inter-PSP fee shall not exceed the lowest of the following two amounts:relevant costs incurred by payment services providers for the provision of digital euro payments, including a reasonable margin of profit.
Amendment 440 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. For the purpose of Article 15(2), any merchant service charge or inter-PSP fee in relation to digital euro payment transactions shall comply with the principle of proportionality. Any merchant service charge or inter-PSP fee shall not exceed the lowest of the following two amounts:relevant costs incurred by payment services providers for the provision of digital euro payments, including a reasonable margin of profit.
Amendment 445 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
Amendment 445 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
Amendment 452 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Amendment 452 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Amendment 483 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point c
Article 17 – paragraph 5 – point c
Amendment 483 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point c
Article 17 – paragraph 5 – point c
Amendment 605 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2
Article 34 – paragraph 3 – subparagraph 2
Payment service providers shall be considered to be the controllers of personal data as regards the purposes referred to in paragraph 1 of this Article. Where a digital euro payment account held by one payment service provider is linked with a non-digital euro payment account held by another payment service provider in accordance with Article 13(4), these payment service providers shall be joint controllers.
Amendment 605 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2
Article 34 – paragraph 3 – subparagraph 2
Payment service providers shall be considered to be the controllers of personal data as regards the purposes referred to in paragraph 1 of this Article. Where a digital euro payment account held by one payment service provider is linked with a non-digital euro payment account held by another payment service provider in accordance with Article 13(4), these payment service providers shall be joint controllers.
Amendment 94 #
2023/0210(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Technical services do not constitute payment services as such as technical service providers do not enter at any time into possession of the funds to be transferred. They should therefore be excluded from the definition of payment services. Those services should however be subject to certain requirements, such as those on liability for failure to support the application of strong customer authentication, or the requirement to enter into outsourcing agreements with payment service providers in case technical service providers are to provide and verify the elements of strong customer authentication. There should also be requirements governing the termination fees of framework contracts where payment services are offered jointly with technical services.
Amendment 107 #
2023/0210(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Evidence gathered during theIn its review of Directive (EU) 2015/2366 shows that the current rules on charges are appropriate and had a positive impact. There is no compelling need for further alignment of charging practices between Member States, as the existing surcharging ban already applies to a very large share of payments in the Union. It is estimated that 95% of card payments are subject to the existing surcharging ban. In addition, when a surcharge is applied, it is capped at the actual cost incurred by the merchant. However, in its review of Directive (EU) 2015/2366, the Commission identifie, the Commission identified a lack of harmonisation that allows surcharging for payment instruments and different interpretations concerning the payment instruments covered by the surcharging ban. It is therefore necessary to explicitly extend the surcharging ban to all credit transfers and direct debits and not just to those covered by Regulation (EU) No 260/2012, as was the case under Directive (EU) 2015/2366.
Amendment 116 #
2023/0210(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) In the case of an unauthorised payment transaction, the payment service provider should immediately refund the amount of that transaction to the payer. However, where there is a high suspicion of an unauthorised transaction resulting from fraudulent behaviour by the payer and where that suspicion is based on objective grounds which are communicated to the relevant national authority by the payment service provider, the payment service provider should be able to conduct an investigation before refunding the payer. The payment service provider should, within 120 business days after noting or being notified of the transaction, either refund the payer the amount of the unauthorised payment transaction or provide the payer the reasons and supporting evidence for refusing the refund and indicate the bodies to which the payer may refer the matter if the payer does not accept the reasons provided. To protect the payer from any disadvantages, the credit value date of the refund should not be later than the date when the amount was debited. To provide an incentive for the payment service user to notify, without undue delay, the payment service provider of any theft or loss of a payment instrument and thus to reduce the risk of unauthorised payment transactions, the user should be liable only for a very limited amount unless the payment service user has acted fraudulently or with gross negligence. In that context, an amount of EUR 50 seems to be adequate in order to ensure a harmonised and high-level user protection within the Union. There should be no liability where the payer is not able to become aware of the loss, theft or misappropriation of the payment instrument. Moreover, once a payment service user has notified a payment service provider that his or her payment instrument may have been compromised, the payment service user should not be required to cover any further losses stemming from unauthorised use of that instrument. Payment service providers should be responsible for the technical security of their own products.
Amendment 152 #
2023/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point j – point ii
Article 2 – paragraph 2 – point j – point ii
(ii) instruments which can be used only to acquire a very limited range of goods or services, including but not limited to instruments restricted to use in business- to-business transactions;
Amendment 157 #
2023/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point j – point iii
Article 2 – paragraph 2 – point j – point iii
(iii) instruments valid only in a single Member State, which are provided at the request of an undertaking or a public sector entity and regulated by a national or regional public authority for specific social or tax purposes to acquire specific goods or services from suppliers having a commercial agreement with the issuer which cannot be converted into cash;
Amendment 166 #
2023/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 2 – introductory part
Article 2 – paragraph 2 – point k – paragraph 2 – introductory part
provided that the value of any single payment transaction does not exceed EUR 5100 and:
Amendment 168 #
2023/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 2 – indent 1
Article 2 – paragraph 2 – point k – paragraph 2 – indent 1
– the cumulative value of payment transactions for an individual subscriber does not exceed EUR 3500 per month, or
Amendment 169 #
2023/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 2 – indent 2
Article 2 – paragraph 2 – point k – paragraph 2 – indent 2
– where a subscriber pre-funds its account with the provider of the electronic communications network or service, the cumulative value of payment transactions does not exceed EUR 3500 per month;
Amendment 170 #
2023/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
(m) payment transactions and related services between a parent undertaking and its subsidiary or between subsidiaries of the same parent undertaking, without any intermediary intervention by a payment service provider other than an undertaking belonging to the same group, and the collection of payment orders on behalf of a group byfrom entities belonging to the same group in order to process payments on behalf of those entities through a paryment undertaking or its subsidiary for onward transmission tos service provider, including payment orders made to external third parties, and for collecting funds from external third parties by a parent company or by a subsidiary on behalf of group entities through a payment service provider.
Amendment 177 #
2023/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘credit transfer’ means a payment service, including instant credit transfers, for crediting a payee’s payment account with a payment transaction or a series of payment transactions from a payer’s payment account by the payment service provider which holds the payer’s payment account or by the payment service provider which holds the payee payment account, based on an instruction given by the payer;
Amendment 185 #
2023/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39
Article 3 – paragraph 1 – point 39
(39) ‘unique identifier’ means a combination of letters, numbers or symbols specified by the payment service provider, or an uniquely linked proxy thereof, to the payment service user and to be provided by the payment service user to identify unambiguously another payment service user or the payment account of that other payment service user for a payment transaction;
Amendment 199 #
2023/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States may apply this Title to small, medium-sized and microenterprises in the same way as to consumers.
Amendment 204 #
2023/0210(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where, for the use of a given payment instrument, the payee requests a charge or offers a reduction, the payee shall inform the payer thereof prior to the initiation of the payment transaction, in a clear, transparent and accessible format.
Amendment 205 #
2023/0210(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where, for the use of a given payment instrument, the payment service provider or another party involved in the transaction requests a charge, it shall inform the payment service user thereof in a clear, transparent and accessible format, prior to the initiation of the payment transaction.
Amendment 208 #
2023/0210(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Natural or legal persons providing cash withdrawal services as referred to in Article 38 of Directive (EU) [PSD3] shall provide or make available to their customers clear, transparent and accessible information on any charges before the customer carries out the withdrawal as well as upon receipt of the cash when the transaction is completed.
Amendment 210 #
2023/0210(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Charges for information referred to in paragraph 2 shall be reasonable and in line with the payment service provider’sproportionate in relation to the actual costs.
Amendment 229 #
2023/0210(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The payment service provider shall propose any changes in the framework contract or in the information and conditions set out in Article 20 in the same way as provided for in Article 19(1) and no later than 23 months before their proposed date of application. The payment service user can either accept or reject the changes before the date of their proposed date of entry into force.
Amendment 232 #
2023/0210(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Termination of the framework contract shall be free of charge for the payment service user except where the contract has been in force for less than 63 months. Charges, if any, for termination of the framework contract shall be appropriate and in line with costs. Where, under the framework contract, payment services are offered jointly with technical services aimed at supporting the provision of payment services and provided by the payment service provider or by a third party the payment service provider has partnered with, such technical services shall be subject to the same framework contract requirements on termination fees.
Amendment 233 #
2023/0210(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. If agreed in the framework contract, the payment service provider may terminate a framework contract concluded for an indefinite period by giving at least 23 months’ notice in the same way as provided for in Article 19(1).
Amendment 234 #
2023/0210(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. Member States may provide for more favourable provisions on termination for payment service users. Those provisions must be fully aligned with this Regulation and its objectives and must be communicated to the Commission.
Amendment 237 #
2023/0210(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 239 #
2023/0210(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Member States may provide that provisions in this Title are applied to small, medium-sized and microenterprises in the same way as to consumers. Those provisions shall be fully aligned with this Regulation and its objectives and must be communicated to the Commission.
Amendment 240 #
2023/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The payment service provider shall not charge the payment service user for fulfilment of its information obligations or corrective and preventive measures under this Title, unless otherwise specified in Article 65(1), Article 66(5) and Article 74(4). Those charges shall be agreed between the payment service user and the payment service provider and shall be reasonable and in line with the payment service provider’sproportionate to actual costs.
Amendment 241 #
2023/0210(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The payee shall not request charges for the use of payment instruments for which interchange fees are regulated under Chapter II of Regulation (EU) 2015/751 and for credit transfers, including instant credit transfers, and direct debit transactions within the Union.
Amendment 245 #
2023/0210(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 250 #
2023/0210(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Without prejudice to paragraphs 3 and 4 and for instruments not covered in those paragraphs, the payment service provider shall not prevent the payee from requesting from the payer a charge, offering him a reduction or otherwise steering the payer towards the use of a given payment instrument. Any charges applied shall not exceed the direct costs borne by the payee for the use of the specific payment instrument.
Amendment 255 #
2023/0210(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
(b) there is or has been a material breach of contract committed by the applicant for an account;
Amendment 259 #
2023/0210(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point d
Article 32 – paragraph 1 – point d
Amendment 260 #
2023/0210(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point e
Article 32 – paragraph 1 – point e
Amendment 268 #
2023/0210(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3 a. A credit institution shall also notify the national competent authority of its decision to refuse to open or to close a specific payment account.
Amendment 293 #
2023/0210(COD)
Proposal for a regulation
Article 36 – paragraph 4 – point h a (new)
Article 36 – paragraph 4 – point h a (new)
(h a) refuse to initiate a payment transaction on justified grounds.
Amendment 315 #
2023/0210(COD)
Proposal for a regulation
Article 43 – paragraph 2 – point c
Article 43 – paragraph 2 – point c
Amendment 325 #
2023/0210(COD)
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 2 – introductory part
Article 44 – paragraph 1 – subparagraph 2 – introductory part
Prohibited obstacles shall include, among others, the following:
Amendment 328 #
2023/0210(COD)
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 2 – point j
Article 44 – paragraph 1 – subparagraph 2 – point j
(j) imposing an account information or payment initiation journey, in a ‘redirection’ or ‘decoupled’ approach, where for the authentication of the payment service user with the account servicing payment service provider addsas well as imposing additional steps or required actions in the user journey compared to the equivalent authentication procedure offered to payment service users when directly accessing their payment accounts or initiating a payment with the account servicing payment service provider;
Amendment 334 #
2023/0210(COD)
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1 – point d
Article 45 – paragraph 2 – subparagraph 1 – point d
(d) log the data that are accessed through the interface operated by the account servicing payment service provider for its payment service users, and provide, upon request and without undue delay, the log files to the competent authority. Logs shall be deleted 3 years after their creation. Logs may be kept for longer than this retention period if they are required for monitoring procedures that are already underway.
Amendment 336 #
2023/0210(COD)
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 2
Article 45 – paragraph 2 – subparagraph 2
For the purpose of point (d) logs shall be deleted 3 years after their creation. Logs may be kept for longer than this retention period if they are required for monitoring procedures that are already underway, but only as long as strictly necessary to perform such procedures.
Amendment 340 #
2023/0210(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Competent authorities shall ensure that account servicing payment service providers comply at all times with their obligations in relation to the dedicated interface referred to in Article 35(1) and that any identified prohibited obstacle listed in Article 44 is immediately removed by the relevant account servicing payment service provider. Where such non- compliance of the dedicated interfaces with this Regulation or obstacles are identified, including on the basis of information transmitted by payment initiation services and account information services providers, the competent authorities shall take without undue delay the necessary and adequate enforcement measures and impose any appropriate and proportionate sanction or, where appropriate and duly justified, grant access rights in accordance with Article 38(4).
Amendment 354 #
2023/0210(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Where a specific payment instrument is used for the purposes of giving permission, the payer and the payer’s payment service provider may agree on spending limits for payment transactions executed through that payment instrument. Payment service providers shall not unilaterally increaschange the spending limits agreed with their payment service users.
Amendment 363 #
2023/0210(COD)
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 1
Article 54 – paragraph 1 – subparagraph 1
The payment service provider shall only rectify any unauthorised, incorrectly executed payment transaction or authorised payment transaction where the payment service user notifies the payment service provider in accordance with Articles 57 and 59 without undue delay after becoming aware of any such transaction giving rise to a claim, including a claim under Article 75, and no later than 138 months after the debit date.
Amendment 367 #
2023/0210(COD)
Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 1
Article 55 – paragraph 1 – subparagraph 1
Where a payment service user denies having authorised an executed payment transaction or claims that the payment transaction was not correctly executed, the burden shall be on the payment service provider to prove that the payment transaction was authorisenticated, accurately recorded, entered in the accounts and not affected by a technical breakdown or some other deficiency of the service provided by the payment service provider.
Amendment 370 #
2023/0210(COD)
Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
If the payment transaction is initiated through a payment initiation service provider, the burden shall be on the payment initiation service provider to prove that within its sphere of competence, the payment transaction was authorisenticated, accurately recorded and not affected by a technical breakdown or other deficiency linked to the payment service of which it is in charge.
Amendment 376 #
2023/0210(COD)
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
Article 56 – paragraph 2 – introductory part
2. Where the payer’s payment service provider had reasonable grounds for suspecting fraud committed by the payer, the payer’s payment service provider shall, within 120 business days after noting or being notified of the transaction, do either of the following:
Amendment 383 #
2023/0210(COD)
Proposal for a regulation
Article 57 – paragraph 2 – introductory part
Article 57 – paragraph 2 – introductory part
2. Within 120 business days after noting or being notified of a credit transfer transaction executed in the circumstances referred to in paragraph 1, the payment service provider shall do either of the following:
Amendment 388 #
2023/0210(COD)
Proposal for a regulation
Article 58
Article 58
Amendment 392 #
2023/0210(COD)
Proposal for a regulation
Article 59 – title
Article 59 – title
Amendment 397 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Where a payment services user who is a consumer was manipulated by a third party pretending to be an employee of the consumer’s payment service provider using the name or e-mail address or telephone number of that payment service provider unlawfully and that manipulation gave rise to subsequent fraudulent authorised payment transactions, the payment service provider shall refund the consumer the full amount of the fraudulent authorised payment transactionswiftly take all the necessary measures to eliminate or mitigate the consequences of the fraud. Those measures may include refunds, under the condition that the consumer has, without any delay, reported the fraud to the police and notified its payment service provider.
Amendment 402 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 1 a (new)
Article 59 – paragraph 1 a (new)
1 a. All providers involved in the fraud chain shall act swiftly to ensure that the appropriate organisational and technical measures are in place to safeguard the security of payments users when making transactions. Payment service providers, electronic communication service providers and digital platform service providers shall have in place fraud prevention and mitigation techniques to fight fraud in all its configurations, including non-authorised and authorised push payment fraud.
Amendment 408 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. Within 10 business days after noting or being notified of the fraudulent authorised payment transaction, the payment service provider shall do either of the following:
Amendment 417 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 4 a (new)
Article 59 – paragraph 4 a (new)
4 a. By [12 months after the entry in force of this Regulation], EBA shall issue technical guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010 regarding the concept of gross negligence in the context of this Regulation and respecting the national legal frameworks on this matter.
Amendment 430 #
2023/0210(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Where a payment transaction is initiated by or through the payee in the context of a card-based payment transaction, an account-to-account based transaction or a credit transfer and the exact future amount is not known at the moment when the payer authorizes the execution of the payment transaction, the payer’s payment service provider may only block funds on the payer’s payment account if the payer has given his or her permission to that precise amount of funds to be blocked.
Amendment 433 #
2023/0210(COD)
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 1 – introductory part
Article 63 – paragraph 2 – subparagraph 1 – introductory part
Within 120 business days of receiving a request for a refund, the payment service provider shall do either of the following:
Amendment 439 #
2023/0210(COD)
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. This Section applies to payment transactions not referred to in paragraph 1, unless otherwise agreed between the payment service user and the payment service provider, with the exception of Article 73, which is not at the disposal of the parties. However, if the payment service user and the payment service provider agree on a longer period than that set in Article 69, for intra-Union payment transactions, that longer period shall not exceed 45 business days following the time of receipt as referred to in Article 64.
Amendment 442 #
2023/0210(COD)
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
For national payment transactions, Member States may provide for shorter maximum execution times than those provided for in this Section. Decisions taken under this Article must be communicated to the Commission.
Amendment 443 #
2023/0210(COD)
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
4. Where agreed in the framework contract, the payment service provider may charge the payment service user for recovery. The charge must be reasonable and proportionate to the costs incurred.
Amendment 473 #
2023/0210(COD)
Proposal for a regulation
Article 83 – paragraph 3
Article 83 – paragraph 3
3. To the extent necessary to comply with paragraph 1, point (c), payment service providers mayshall exchange information, including the unique identifier of a payee with other payment service providers who are subject to information sharing arrangements as referred to in paragraph 5, when the payment service provider has sufficient evidence to assume that there was a fraudulent payment transaction. Sufficient evidence for sharing unique identifiers shall be assumed when at least two different payment services users who are customers of the same payment service provider have informed that a unique identifier of a payee was used to make a fraudulent credit transfer. Payment service providers shall not keep unique identifiers obtained following the information exchange referred to in this paragraph and paragraph 5 for longer than it is necessary for the purposes laid down in paragraph 1, point (c).
Amendment 476 #
2023/0210(COD)
Proposal for a regulation
Article 83 – paragraph 3 a (new)
Article 83 – paragraph 3 a (new)
3 a. Payment service providers may exchange information referred to in paragraph 3 with public authorities, in order to better comply with paragraph 1, point (c).
Amendment 498 #
2023/0210(COD)
Proposal for a regulation
Article 85 – paragraph 1 – point b
Article 85 – paragraph 1 – point b
Amendment 511 #
2023/0210(COD)
Proposal for a regulation
Article 85 – paragraph 11 – point c a (new)
Article 85 – paragraph 11 – point c a (new)
(c a) whether the parties performing the transaction are consumers or corporate payers.
Amendment 518 #
2023/0210(COD)
Proposal for a regulation
Article 85 – paragraph 12 – subparagraph 1 (new)
Article 85 – paragraph 12 – subparagraph 1 (new)
The inherence element of strong customer authentication may include environmental and behavioural characteristics such as those related to the location of the payment service user, time of transaction, device being used, spending habits, online store where the purchase is carried out.
Amendment 524 #
2023/0210(COD)
Proposal for a regulation
Article 87
Article 87
A payer payment servrticle provider shall enter into an outsourcing agreement with its technical service provider in case that technical service provider is providing and verifying the elements of strong customer authentication. A payer’s payment service provider shall, under such agreement, retain full liability for any failure to apply strong customer authentication and have the right to audit and control security provisions.87 deleted Outsourcing agreements for the application of strong customer authentication
Amendment 535 #
2023/0210(COD)
Proposal for a regulation
Article 88 a (new)
Article 88 a (new)
Article 88a Fair, reasonable and non-discriminatory access to mobile devices 1. Without prejudice to Article 6 paragraph (7) of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, original equipment manufacturers of mobile devices and providers of electronic communication services within the meaning of Article 2 (1) Directive (EU) 2018/1972 shall allow providers of front end services effective interoperability with, and access for the purposes of interoperability to, the technical features necessary for storing and transferring data to process payment transactions, on fair, reasonable and non-discriminatory terms. 2. Original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 shall not be prevented from taking strictly necessary and proportionate measures to ensure that interoperability does not compromise the integrity of the hardware and software features concerned by the interoperability obligation provided that such measures are duly justified. 3. For the purpose of applying fair, reasonable and non-discriminatory terms pursuant to paragraph 1, original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 shall publish general conditions of effective interoperability and access.
Amendment 536 #
2023/0210(COD)
Proposal for a regulation
Article 89 – paragraph 1 – subparagraph 1 – point d
Article 89 – paragraph 1 – subparagraph 1 – point d
Amendment 538 #
2023/0210(COD)
Proposal for a regulation
Article 89 – paragraph 1 – subparagraph 2 – point i
Article 89 – paragraph 1 – subparagraph 2 – point i
(i) the conditions that have to be met for a remote electronic payment transaction to be considered as posing a low level of risk, taking into consideration the levels of fraud in each economic activity;
Amendment 540 #
2023/0210(COD)
Proposal for a regulation
Article 89 – paragraph 2 – subparagraph 1 – point e a (new)
Article 89 – paragraph 2 – subparagraph 1 – point e a (new)
(e a) the different situation and specific needs of consumer and corporate payers.
Amendment 561 #
2023/0210(COD)
Proposal for a regulation
Article 108 – paragraph 2
Article 108 – paragraph 2
2. The Commission shall, by [ OP please insert the date= 35 years after the date of entry into force of this Regulation] submit to the European Parliament, the Council, the ECB and the European Economic and Social Committee, a report on the scope of this Regulation, with regard in particular to payment systems, payment schemes and technical service providers. Where appropriate, the Commission shall submit a legislative proposal together with that report.
Amendment 564 #
2023/0210(COD)
Proposal for a regulation
Article 112 – paragraph 2
Article 112 – paragraph 2
It shall apply from [ OP please insert the date= 1824 months after the date of entry into force of this Regulation].
Amendment 565 #
2023/0210(COD)
Proposal for a regulation
Article 112 – paragraph 3
Article 112 – paragraph 3
Amendment 65 #
2023/0209(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Payment institutions should be allowed to grant credit, but this activity should be subjected to some strict conditions. It is therefore appropriate to regulate the granting of credit by payment institutions in the form of credit lines and the issuance of credit cards, insofar as those services facilitate payment services and if credit is granted for a period not exceeding 12 months, including on a revolving basis. It is appropriate to allow payment institutions to grant short-term credit with regard to their cross-border activities, on the condition that it is refinanced using mainly the payment institution’s own funds, as well as other funds from the capital markets, and not the funds held on behalf of clients for payment services. That possibility should however be without prejudice to Directive 2008/48/EC of the European Parliament and of the Council39 or other relevant Union law or national measures regarding conditions for granting credit to consumers. Given their principally lending nature, ‘Buy Now Pay Later’ services should not constitute a payment service. Those services are covered by the new Directive on consumer credits replacing Directive 2008/48/EC. __________________ 39 Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).
Amendment 69 #
2023/0209(COD)
Proposal for a directive
Recital 62
Recital 62
(62) To further improve access to cash, which is a priority of the Commission, retailers should be allowed to offer, in physical shops, cash provision services even in the absence of a purchase by a customer, without having to obtain a payment service provider authorisation, registration or being an agent of a payment institution. Those cash provision services should, however, be subject to the obligation to disclose fees charged to the customer, if any. These services should be provided by retailers on a voluntary basis and should depend on the availability of cash by the retailer. To prevent unfair competition between ATM deployers not servicing payment accounts and retailers offering cash withdrawals without a purchase, and to ensure that shops do not rapidly run out of cash, it is appropriate to impose a cap of EUR 50 per transaction and EUR 500 per month. When offering this service, retailers should be obliged to request the insertion of the PIN Code manually by the client.
Amendment 74 #
2023/0209(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24) ‘technical service provider’ means a provider of services which, although not being payment services, are necessary to support the provision of payment services, without the provider of technical services entering at any time into possession of the funds to be transferred;
Amendment 84 #
2023/0209(COD)
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1 – point b
Article 3 – paragraph 3 – subparagraph 1 – point b
(b) a business plan including a forecast budget calculation for the first 3 financial years which demonstrates that the applicant is able to employ the appropriate and proportionate systems, resources and procedures to operate soundly;
Amendment 85 #
2023/0209(COD)
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1 – point l – point i
Article 3 – paragraph 3 – subparagraph 1 – point l – point i
Amendment 86 #
2023/0209(COD)
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1 – point l – point ii
Article 3 – paragraph 3 – subparagraph 1 – point l – point ii
Amendment 87 #
2023/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) where the payment institution provides electronic money services, its capital shall at no time be less than EUR 4300 000.
Amendment 93 #
2023/0209(COD)
Proposal for a directive
Article 9 – paragraph 7 – subparagraph 1
Article 9 – paragraph 7 – subparagraph 1
The EBA shall develop regulatory technical standards on safeguarding requirements, laying down in particular safeguarding risk management frameworks for payment institutions to ensure protection of users’ funds, and including requirements on segregation, designation, reconciliation, insulation and calculation of safeguarding funds requirements and avoiding of liquidity and concentration risk.
Amendment 94 #
2023/0209(COD)
Proposal for a directive
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) notwithstanding national rules, if any, on providing credit by issuers of credit cards, the credit granted in connection with a payment and executed in accordance with Article 13(6) and Article 30 is to be repaid within a reasonably short period, which shall in no case exceed 12 months;
Amendment 95 #
2023/0209(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Within 32 months of receipt of an application for authorisation as referred to in Article 3, or, where such application is incomplete, of all of the information referred to in Article 3(3), the competent authorities shall inform the applicant whether the authorisation is granted or refused. The competent authority shall give reasons where it refuses an authorisation.
Amendment 99 #
2023/0209(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that the competent authorities of the home Member State communicate to the payment institution within 21 months of receipt of the information referred to in paragraph 1 whether the agent has been entered in the register referred to in Article 17. Upon entry in the register, the agent may commence providing payment services.
Amendment 108 #
2023/0209(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 1
Article 30 – paragraph 3 – subparagraph 1
Within 31 months of receipt of the information referred to in paragraph 1, the competent authorities of the home Member State shall communicate their decision to the competent authorities of the host Member State and to the payment institution.
Amendment 114 #
2023/0209(COD)
Proposal for a directive
Article 37 – paragraph 1 – point b a (new)
Article 37 – paragraph 1 – point b a (new)
(b a) the amount of cash provided does not exceed a total of EUR 500 per month.
Amendment 115 #
2023/0209(COD)
Proposal for a directive
Article 37 – paragraph 1 – point b b (new)
Article 37 – paragraph 1 – point b b (new)
(b b) the use of contactless solutions is excluded and the client must insert the PIN code manually at the point of sale.
Amendment 122 #
2023/0209(COD)
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The Commission shall, by [ OP please insert the date= threfive years after the date of application of the PSR] submit to the European Parliament, the Council, the ECB and the European Economic and Social Committee, a report on the scope of this Directive, with regard in particular to payment systems, payment schemes and technical service providers. Where appropriate, the Commission shall submit a legislative proposal together with that report.
Amendment 123 #
2023/0209(COD)
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
Member States shall allow payment institutions that have been authorised pursuant to Article 11 of Directive (EU) 2015/2366 by [OP please insert the date = 18 months after the date of entry into force of this Directive] to continue to provide and execute the payment services for which they have been authorised, without having to having to seek a new authorisation in accordance with Article 3 of this Directive or to comply with the other provisions laid down or referred to in Title II of this Directive until [OP please insert the date = 24 months after the date of entry into force of this Directive].
Amendment 124 #
2023/0209(COD)
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 2 – point a
Article 44 – paragraph 1 – subparagraph 2 – point a
(a) whether those payment institutions comply with new requirements under Title II and, where not, which measures need to be taken to ensure compliance;
Amendment 126 #
2023/0209(COD)
Proposal for a directive
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Member States mayshall provide for payment institutions as referred to in paragraph 1 to be authorised automatically and be entered in the register referred to in Articles 17 if the competent authorities have evidence that those payment institutions already comply with Articles 3 and 13. The competent authorities shall inform the payment institutions concerned of such automatic authorisation before the authorisation is grantedabout any obstacle for this authorisation and proceed, without undue delay, for the elimination of such obstacle.
Amendment 129 #
2023/0209(COD)
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
1. Member States shall allow electronic money institutions which were defined in Article 2, point 1, of Directive 2009/110/EC that have taken up, before [OP please insert the date = 18 months after the date of entry into force of this Directive], activities in accordance with national law transposing Directive 2009/110/EC as electronic money institutions in the Member State in which their head office is located in accordance with national law transposing Directive 2009/110/EC, to continue those activities in that Member State or in another Member State without having to seek a new authorisation in accordance with Article 3 of this Directive or to comply with the other provisions laid down or referred to in Title II of this Directive.
Amendment 130 #
2023/0209(COD)
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
Member States shall require the electronic money institutions referred in paragraph 1 to submit to the competent authorities all information that those competent authorities need to assess, by [OP please insert the date = 24 months after the date of entry into force of this Directive], whether those electronic money institutions comply with the new requirements provisioned in this Directive. Where such assessment reveals that those electronic money institutions do not comply with those new requirements, the competent authorities shall decide which measures need to be taken to ensure such compliance, or to withdraw the authorisation.
Amendment 132 #
2023/0209(COD)
Proposal for a directive
Article 45 – paragraph 3
Article 45 – paragraph 3
3. Member States mayshall allow electronic money institutions as referred to in paragraph 1 to be authorised automatically as payment institutions and entered in the register referred to in Article 17 where the competent authorities have evidence that the electronic money institutions concerned comply with this Directive. The competent authorities shall inform the electronic money institutions concerned thereof before such automatic authorisation is grantedabout any obstacle to that authorisation and proceed, without undue delay, to the elimination of such obstacle.
Amendment 135 #
2023/0209(COD)
Proposal for a directive
Article 45 a (new)
Article 45 a (new)
Article 45a Extension period Competent authorities may exceptionally decide to extend the period before specific payment institutions and electronic money institutions are prohibited from providing services when those institutions provided the required information provisioned in Articles 44 and 45 and the competent authority has not been able to process it within the adequate deadline.
Amendment 137 #
2023/0209(COD)
Proposal for a directive
Article 46 – paragraph 1 – point 1
Article 46 – paragraph 1 – point 1
Directive 98/26/EC
Article 2 – point b
Article 2 – point b
‘institution’ shall mean any of the following entities:
Amendment 138 #
2023/0209(COD)
Proposal for a directive
Article 46 – paragraph 1 – point 1
Article 46 – paragraph 1 – point 1
Directive 98/26/EC
Article 2 – point b
Article 2 – point b
– an electronic money institution as defined in Article 2, point (1), of Directive 2009/110/EC of the European Parliament and of the Council, with the exception of legal persons benefitting from an exemption pursuant to Article 9 of that Directive,
Amendment 139 #
2023/0209(COD)
Proposal for a directive
Article 46 – paragraph 1 – point 1
Article 46 – paragraph 1 – point 1
Directive 98/26/EC
Article 2 – point b
Article 2 – point b
If a system is supervised in accordance with national legislation and only executes transfer orders as defined in point (i), second indent, as well as payments resulting from such orders, a Member State may decide that undertakings which participate in such a system and which have responsibility for discharging the financial obligations arising from transfer orders within this system, can be considered institutions, provided that at least three participants of thatis system are covered by the categories referred to in the first subparagraph and that such a decision is warranted on grounds of systemic risk; ’;
Amendment 233 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) savings, investments in financial instruments, insurance-based investment products, crypto-assets, real estate and other related financial assets as well as the economic benefits derived from such assets; including data collected for the purposes of carrying out an assessment of suitability and appropriateness in accordance with Article 25 of Directive 2014/65/EU of the European Parliament and of the Council32 ; _________________ 32 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (recast) (OJ L 173, 12.6.2014, p. 349).
Amendment 252 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
Amendment 279 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. This Regulation shall not apply to data referred in article 9 of Regulation (EU) 2016/679 (General Data Protection Regulation).
Amendment 330 #
2023/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
Amendment 445 #
2023/0205(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Within 18 months from the entry into force of this Regulation, dData holders and data users shall become members of a financial data sharing scheme governing access to the customer data in compliance with Article 10.
Amendment 474 #
2023/0205(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h – introductory part
Article 10 – paragraph 1 – subparagraph 1 – point h – introductory part
(h) a financial data sharing scheme shall establish a model to determine the maximumadequate compensation that a data holder is entitled to charge for making data available through an appropriate technical interface for data sharing with data users in line with the common standards developed under point (g). The model shall be based on the following principles:
Amendment 506 #
2023/0205(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) a model to determine the maximumadequate compensation that a data holder is entitled to charge for making data available;
Amendment 514 #
2023/0205(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) a business plan including a forecast budget calculation for the first 3 financial years which demonstrates that the applicant is able to employ the appropriate and proportionate systems, resources and procedures to operate soundly;
Amendment 535 #
2023/0205(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Within 32 months of receipt of an application or, if the application is incomplete, of all of the information required for the decision, the competent authority shall inform the applicant whether the authorisation is granted or refused. The competent authority shall give reasonspresent to the applicant a detailed report on the grouds of its decision where it refuses an authorisation.
Amendment 545 #
2023/0205(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The register shall be publicly available on EBA’s website and shall allow for easy searching and accessing the information listed, free of charge.
Amendment 547 #
2023/0205(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 – point b – point viii
Article 18 – paragraph 1 – subparagraph 1 – point b – point viii
(viii) to request the freezing or sequestration of assets, or both, in accordance to relevant national law;
Amendment 568 #
2023/0205(COD)
Proposal for a regulation
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. By [OP please insert the date = 45 years after the date of entry into application of this Regulation, the Commission shall carry out an evaluation of this Regulation and submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee. That evaluation shall assess, in particular:
Amendment 574 #
2023/0205(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)
Article 31 – paragraph 1 – point e a (new)
(e a) the adequacy of the administrative penalties and measures.
Amendment 578 #
2023/0205(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. By [OP please insert the date = 45 years after the date of entry into force of this Regulation, the Commission shall submit a report to the European Parliament and the Council assessing the conditions for access to financial data applicable to account information service providers under this Regulation and under Directive (EU) 2015/2366. The report can be accompanied, if deemed appropriate, by a legislative proposal.
Amendment 580 #
2023/0205(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
It shall apply from [OP please insert the date = 24 months after the date of entry into force of this Regulation]. However, Articles 9 to 13 shall apply from [OP please insert the date = 1836 months after the date of entry into force of this Regulation].
Amendment 36 #
2023/0187(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) In order to render the Capital Markets Union more effective and competitive, procedures for relief of excess withholding taxes on securities’ income should be facilitated and accelerated, where adequate information has been provided by relevant certified financial intermediaries, including on the identity of the investor. The relevant certified financial intermediaries consist of all the certified financial intermediaries in the payment chain between the investor and the issuer of the securities, which might be required to also provide information on payments effected by non-certified financial intermediaries in the chain, as per the policy choice of each Member State. Taking into account the different approaches in Member States, two types of procedures are envisaged: (i) relief at source by direct application of the appropriate tax rate at the time of withholding and (ii) quick refund within a maximum of 540 days of the date of payment of the dividend or, as the case may be, of the date when the bond issuer must pay interest to the bond holder (coupon date). Member States should be free to introduce any of the two or a combination of both procedures, as they deem appropriate while ensuring that at least one is available for all investors, where the requirements of this Directive have been met. To ensure the proper and timely implementation of these procedures by the Member States concerned, it is appropriate to apply interest on late refunds of excess withholding taxes that are covered by this Directive and meet the conditions to benefit from these procedures. Where relevant requirements are not met, or the investor concerned so desires, Member States should apply their existing standard refund procedures to relieve excess withholding taxes. In any case, registered owners, in particular retail investors, and their authorized representatives, should preserve the right to reclaim excess withholding tax paid in a Member State where they provide proof of meeting the conditions set out in national law.
Amendment 39 #
2023/0187(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) In order to safeguard the systems for relief of excess withholding taxes, Member States maintaining a national register should also require certified financial intermediaries to verify the eligibility of investors that wish to claim a relief. In particular, certified financial intermediaries should collect the tax residence certificate of the relevant investor, and a declaration that such investor is the beneficial owner of the payment according to the legislation of the source Member State. They should also verify the applicable withholding tax rate based on the investor’s specific circumstances and indicate if they are aware of any financial arrangement involving the underlying securities that has not been settled, expired or otherwise terminated at the ex-dividend date. Certified financial intermediaries should be held liable for tax revenue losses that have been incurred due to the inadequate fulfilment of these obligations, to the extent that national law of the Member State where the loss incurred so provides. In order to ensure proportionality of the burden and liability imposed on certified financial intermediaries, reduced verification obligations should apply to all relief procedures, where the risk of abuse is low and in particular where the total amount of the dividend paid to the investor for a shareholding in a company is lower than EUR 13000. Should such abuse be proven otherwise, Member States can however apply consequences under national law, including denying the systems of relief provided in this Directive, but they cannot hold certified financial intermediaries liable for absence of verification.
Amendment 59 #
2023/0187(CNS)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. If more than one working day is required to verify the tax residency of a specific taxpayer, the Member State shall inform the person requesting the certificate of the additional time needed and the reasons for the delay that, in any case, shall be no longer than three working days.
Amendment 74 #
2023/0187(CNS)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that a financial intermediary is registered in their national register of certified financial intermediaries within threewo months from submission of a request of the financial intermediary that provides evidence of all of the following requirements:
Amendment 77 #
2023/0187(CNS)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Financial intermediaries shall notify without undue delay the competent authority of the Member State of any relevant change in the information provided under points (a) to (c), providing the relevant documents where necessary.
Amendment 81 #
2023/0187(CNS)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Member State that removes a certified financial intermediary from its national register shall inform without undue delay all other Member States that maintain a national register according to Article 5, specifying the grounds of the removal according to paragraphs 1 and 2.
Amendment 85 #
2023/0187(CNS)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to require certified financial intermediaries in their national register to report to the competent authority the information referred to in Annex II as soon as possible after the record date, unless a settlement instruction in respect of any part of a transaction is pending on the record date, in which case the reporting for that transaction shall take place as soon as possible after the settlement. If 2015 days after the record date, settlement is still pending for any part of the transaction, certified financial intermediaries shall report within the next 5 calendar days indicating the part for which settlement is pending.
Amendment 87 #
2023/0187(CNS)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall provide that certified financial intermediaries do not need to report information referred to in Annex II, heading E, if the total dividend paid to the registered owner on the owner’s shareholding in a company does not exceed EUR 13000.
Amendment 106 #
2023/0187(CNS)
Proposal for a directive
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) in case of a dividend payment and based on the information available to the certified financial intermediary, the possible existence of any financial arrangement that has not been settled, expired or otherwise terminated at the ex- dividend date, unless the dividend paid to the registered owner for each group of identical shares held does not exceed EUR 13000.
Amendment 111 #
2023/0187(CNS)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may allow certified financial intermediaries maintaining a registered owner’s investment account to request a quick refund of the excess withholding tax, on behalf of such registered owner in accordance with Article 10 if the information referred to in paragraph 3 of this Article is provided as soon as possible after the payment date and at the latest within 250 calendar days from the date of payment of the dividend or interest.
Amendment 114 #
2023/0187(CNS)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall process a refund request made in accordance with paragraph 1 within 250 calendar days from the date of such request or from the date reporting obligations under this Directive have been met by all relevant certified financial intermediaries, whichever is the latest. Member States shall apply interest in accordance with Article 14 on the amount of such refund for each day of delay after the 250th day.
Amendment 121 #
2023/0187(CNS)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall adopt appropriate measures to ensure that where Article 12 and Article 13 do not apply to dividends, because the conditions of this Directive are not met, a registered owner or its authorised representative requesting for refund of the excess withholding tax on such dividends provides at least the information required under Annex II, heading E, unless the total dividend paid to the registered owner on the owner’s shareholding in a company does not exceed EUR 13000, and unless this information has already been provided in accordance with the obligations of Article 9.
Amendment 149 #
2023/0187(CNS)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Information, including personal data, processed in accordance with this Directive shall be retained only as long as strictly necessary to achieve the purposes of this Directive, in accordance with each data controller’s domestic rules on statute of limitations, but in any case no longer than 105 years.
Amendment 151 #
2023/0187(CNS)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 31 December 20265 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 153 #
2023/0187(CNS)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2
Article 22 – paragraph 1 – subparagraph 2
They shall apply those provisions from 1 January 20276.
Amendment 228 #
2023/0177(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph, including the ones related to material changes provisioned in paragraph 5a, in accordance with the procedure laid down in Articles 10 to 14 of Regulation (EU) No 1095/2010.
Amendment 229 #
2023/0177(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. ESG rating providers shall notify ESMA of any material changes to the conditions for initial authorisation, including any opening or closing of a branch within the Union, without undue delay.
Amendment 230 #
2023/0177(COD)
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. ESMA shall develop draft regulatory technical standards to specify what constitutes a material change as referred in paragraph 5.
Amendment 234 #
2023/0177(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Within 1290 working days of the notification referred to in paragraph 2, ESMA shall adopt a fully reasoned decision to authorise or refuse authorisation.
Amendment 236 #
2023/0177(COD)
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. ESMA may extend the period referred to in the paragraph 3 to 1420 working days in particular where the applicant:
Amendment 241 #
2023/0177(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the ESG rating provider has expressly renounced the authorisation or has provided no ESG ratings for nintwelve months preceding that withdrawal or suspension;
Amendment 251 #
2023/0177(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 – point b
Article 9 – paragraph 2 – subparagraph 1 – point b
(b) compliance with the binding requirements referred to in point (a) is subject to effective, regular and equivalent supervision and enforcement on an on-going basis in that third country.
Amendment 297 #
2023/0177(COD)
Proposal for a regulation
Article 14 – paragraph 8
Article 14 – paragraph 8
8. ESG rating providers shall review the rating methodologies referred to in paragraph 6 on an on-going basis and at least annually.
Amendment 300 #
2023/0177(COD)
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. ESG rating providers shall regularly monitor and evaluate the adequacy and effectiveness of the systems, resources and procedures referred to in paragraph 2 at least annually and take appropriate measures to address any deficiencies.
Amendment 369 #
2023/0177(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 422 #
2023/0177(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
(d) set a reasonable time-limit within which the information is to be provided and the format in which is to be provided;
Amendment 424 #
2023/0177(COD)
Proposal for a regulation
Article 30 – paragraph 3 – point d
Article 30 – paragraph 3 – point d
(d) set a reasonable time-limit within which the information is to be provided and the format in which is to be provided;
Amendment 434 #
2023/0177(COD)
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 1
Article 33 – paragraph 4 – subparagraph 1
ESMA shall notify any action taken pursuant to paragraph 1 to the person responsible for the infringement without undue delay. ESMA shall publish any such action on its website within 105 working days from the date when it was adopted.
Amendment 447 #
2023/0177(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. ESMA shall charge proportionate fees to the ESG rating providers in accordance with the delegated act adopted pursuant to paragraph 2. Those fees shall fullyhave as reference the amount needed to cover ESMA’s necessary expenditure relating to the supervision of ESG rating providers and the reimbursement of any costs that the competent authorities may incur carrying out work pursuant to this Regulation, and in particular as a result of any delegation of tasks in accordance with Article 41.
Amendment 449 #
2023/0177(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 2
Article 40 – paragraph 2 – subparagraph 2
By XX XXXX XXXX, the Commission shall adopt delegated acts in accordance with Article 45 to supplement this Regulation by specifying the type of fees, the matters for which fees are due, the amount of the fees and respective justification, the manner in which they are to be paid and, where applicable, the way in which ESMA is to reimburse competent authorities in respect of any costs that they may have incurred carrying out work pursuant to this Regulation, in particular as a result of any delegation of tasks as referred to in Article 41.
Amendment 455 #
2023/0177(COD)
Proposal for a regulation
Article 46
Article 46
Amendments to Annexes To take account of developments, including international developments, on financial markets, in particular in relation to sustainable finance, the Commission may adopt, by means ofrticle 46 delegated acts in accordance with Article 45, measures to amend the Annexes.
Amendment 105 #
2023/0167(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Financial literacy is a key challenge posed to the adequate fulfilment of the Capital Markets Union (CMU) goals. The level of financial literacy differs significantly across Member States. EU Legislation should facilitate the access to retail investment through clear, transparent and accessible rules, but also through simplification to widen the participation of more investors.
Amendment 211 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2014/65/EU
Article 7 – paragraph 3
Article 7 – paragraph 3
Where the authorisation has not been granted, the competent authority shall inform ESMA about the reasons for not granting the authorisation. without undue delay;
Amendment 212 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2014/65/EU
Article 8 – paragraph 2
Article 8 – paragraph 2
Every withdrawal of authorisation shall be notified to ESMA, without undue delay. The competent authority shall inform ESMA about the reasons for withdrawing the authorisation.;
Amendment 373 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 11 – point a
Article 16–a – paragraph 11 – point a
(a) the methodology used by ESMA to develop and update benchmarks referred to in paragraph 9;
Amendment 439 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Directive 2014/65/EU
Article 24 – paragraph 3
Article 24 – paragraph 3
All information, addressed by the investment firm to clients or potential clients shall be fair, transparent, rigorous, clear and not misleading. The information must be accessible through any format and be transmitted to clients or potential clients in a timely manner;
Amendment 445 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2014/65/EU
Article 24 – paragraph 5 c – subparagraph 1
Article 24 – paragraph 5 c – subparagraph 1
Member States shall ensure that investment firms display appropriate warningsdata in information materials, including marketing communications, provided to retail clients or potential retail clients, to alert on the specific risks of potential losses carried by particularly riskysignalize the complexity of some financial instruments.
Amendment 454 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2014/65/EU
Article 24 – paragraph 5c – subparagraph 2
Article 24 – paragraph 5c – subparagraph 2
ESMA shall, by [18 months after the entry into force of the amending Directive], develop, and update periodically, guidelines on the concept of particularly riskycomplex financial instruments taking due account of the specificities of the different types of instruments.
Amendment 459 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2014/65/EU
Article 24 – paragraph 5c – subparagraph 3
Article 24 – paragraph 5c – subparagraph 3
ESMA shall develop draft regulatory technical standards to further specify the format and content of such risk warningsinformation, taking due account of the specificities of the different types of financial instruments and types of communications.
Amendment 462 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2014/65/EU
Article 24 – paragraph 5c – subparagraph 6
Article 24 – paragraph 5c – subparagraph 6
ESMA shall monitor the consistent application of risk warningthese provisions throughout the Union. In case of concerns regarding the use, or absence of use or supervision of the use of such risk warningthese information instruments in Member States, that may have a material impact on the investor protection, ESMA, after having consulted the competent authorities concerned, may impose the use of risk warningscompliance by investment firms.;
Amendment 619 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24c – paragraph 7 – subparagraph 2
Article 24c – paragraph 7 – subparagraph 2
Such records shall be kept for a period of five years and, where requested by the competent authority, for a period of up to seven years. Those records shall be retrievable by the investment firm upon request of the competent authority.
Amendment 650 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2014/65/EU
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 675 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a
Article 1 – paragraph 1 – point 17 – point a
Directive 2014/65/EU
Article 69 – paragraph 2
Article 69 – paragraph 2
Amendment 677 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2014/65/EU
Article 69 – paragraph 2 – point w
Article 69 – paragraph 2 – point w
(w) to impose the use of risk warningsthe communication tools provisioned in Article 24, paragraph 5c, by investment firms in information materials, including marketing communications, related to particularly riskycomplex financial instruments where those instruments could pose a serious threat to investor protection.;
Amendment 685 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2014/65/EU
Article 88 b – paragraph 1 a (new)
Article 88 b – paragraph 1 a (new)
1a. Member States shall consider the contribution of national competent authorities, universities and relevant stakeholders when designing the educational instruments to promote financial literacy.
Amendment 698 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive (EU) 2016/97
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
A competent authority of the host Member State that has reasonable grounds to consider that an insurance, reinsurance or ancillary insurance intermediary acting within its territory under the freedom to provide services infringes the obligations arising from the provisions adopted pursuant to this Directive, shall inform the competent authority of the home Member State thereof, without undue delay.
Amendment 712 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Directive (EU) 2016/97
Article 12 – paragraph 3 – subparagraph 1 – point d
Article 12 – paragraph 3 – subparagraph 1 – point d
Amendment 722 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Directive (EU) 2016/97
Article 16 a – paragraph 1 a (new)
Article 16 a – paragraph 1 a (new)
1a. Member States shall consider the contribution of national competent authorities, universities and relevant stakeholders when designing the educational instruments to promote financial literacy.
Amendment 838 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 9 – subparagraph 1 – point a
Article 25 – paragraph 9 – subparagraph 1 – point a
(a) the methodology to be used by EIOPA to develop and update the benchmarks referred to in paragraph 8;
Amendment 854 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Directive (EU) 2016/97
Article 26 a – paragraph 2 – subparagraph 1
Article 26 a – paragraph 2 – subparagraph 1
Member States shall ensure that marketing communications of insurance-based investment products are developed, designed and provided in a manner that is fair, transparent, rigorous, clear, not misleading, balanced in terms of presentation of benefits and risks, and appropriate in terms of content and distribution channels for the target audience and where related to a specific insurance-based investment product to the target market identified pursuant to Article 25(1).
Amendment 863 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Directive (EU) 2016/97
Article 26 a – paragraph 7 – subparagraph 2
Article 26 a – paragraph 7 – subparagraph 2
Such records shall be kept for a period of five years and, where requested by the competent authority, for a period of up to seven years. Those records shall be retrievable by the insurance undertaking or insurance distributor upon request by the competent authority.
Amendment 1157 #
2023/0167(COD)
Proposal for a directive
Annex I – point 2 – subpoint 1
Annex I – point 2 – subpoint 1
Directive 2014/65/EU
Annex II – section II.1 – subparagraph 5
Annex II – section II.1 – subparagraph 5
(1) the second and third indents are replaced by the following:indent is deleted
Amendment 1160 #
2023/0167(COD)
Proposal for a directive
Annex I – point 2 – subpoint 1Directive 2014/65/EU
Annex I – point 2 – subpoint 1Directive 2014/65/EU
Annex II – section II.1 – subparagraph 5 – second indent
Amendment 1166 #
2023/0167(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – subpoint 1 a (new)
Annex I – paragraph 1 – point 2 – subpoint 1 a (new)
Directive 2014/65/EU
Annex II – Section II.1 – subparagraph 5
Annex II – Section II.1 – subparagraph 5
the third indent is replaced by the following:
Amendment 21 #
2023/0166(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The Capital Markets Union (CMU) will only achieve its goals if citizens adhere to it and, to that end, it is essential to guarantee high levels of financial literacy. The level of financial literacy differs significantly across Member States and EU legislation must ensure that the access to financial markets is not only facilitated through proportionate and clear rules, but also by concrete steps towards simplification.
Amendment 62 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point aa
Article 8 – paragraph 3 – point aa
Amendment 104 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1286/2014
Article 14 – paragraph 1
Article 14 – paragraph 1
(1) The person advising on, or selling, a PRIIP shall provide the key information document to retail investors free of charge. The information shall be provided, by default, in an electronic format, unless t. The retail investor has requestedthe right to receivequest the key information document on paper. The person advising on, or selling a PRIIP shall inform the retail investors about their right to receive the key information document on paper free of charge. The content of the key information document in an electronic format and on paper must be the same, with the adequate adaptations to guarantee the access to all relevant information referred.
Amendment 157 #
2023/0138(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The involvement of social partners, civil society organisations and other relevant stakeholders in the European Semester is key to ensure ownership and transparent, accountable and inclusive policy-making.
Amendment 160 #
2023/0138(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The economic governance framework of the Union should be adapted to better take into account the growing heterogeneity of fiscal positions, public debt challenges and other economic vulnerabilities across Member States. The strong policy response to the COVID-19 pandemic proved highly effective in mitigatinged the economic and social damage of the crisis, but talthough at a significantly different level across Member States. The crisis resulted in a significant increase in public- and private- sector debt ratios, underscoring the importance of reducing debt ratios to prudent levels in a gradual, sustained and growth-friendly manner and addressing macroeconomic imbalances, while paying due attention to employment and social objectives. At the same time, the economic governance framework of the Union should be adapted to help address the medium- and long-term challenges facing the Union including achieving a fair digital and green transition, including the Climate Law22 , ensuring energy security, open strategic autonomy, addressing demographic change and the importance of intergenerational solidarity, strengthening social and economic resilience and implementing the strategic compass for security and defence, all of which requires reforms and sustained high levels of investment in the years to come. _________________ 22 The European Climate Law sets a Union-wide climate neutrality objective by 2050 and requires Union institutions and Member States to progress in enhancing adaptive capacity, requiring significant public investment to reduce the negative socio-economic impacts of climate change on the EU and its Member States, including negative impacts on growth and fiscal sustainability.
Amendment 174 #
2023/0138(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The economic governance framework of the Union should put debt sustainability and, sustainable and inclusive growth, investment and productivity challenges, reforms and intergenerational fairness at its core and therefore differentiate between Member States by taking into account their public debt challenges and allowing country-specific fiscal trajectories.
Amendment 192 #
2023/0138(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Detailed, clear and transparent rules should therefore be laid down regarding the content, submission, assessment and monitoring of the national medium-term fiscal-structural plans, in order to promote debt sustainability and, sustainable and inclusive growth, investment and productivity objectives, reforms and intergenerational fairness in the Member States and prevent the occurrence of excessive government deficits through medium-term planning.
Amendment 221 #
2023/0138(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) To provide guidance to the Member States in the drafting of their medium-term fiscal-structural plan, the Commission should put forward a technical trajectory based on the minimum fiscal adjustment that brings the debt trajectory of the Member State on a plausibly and sustainable downward path or maintains debt at a prudent level. It should also ensure that the public debt ratio at the end of the planning horizon declines below its level in the year before the start of the technical trajectory. The sustainability of that debt reduction should result from appropriate fiscal policies.
Amendment 406 #
2023/0138(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Whenevere necessary, following the assessment pursuant to this Regulation of the medium-term fiscal-structural plans, the annual progress reports and the socio- economic situation of the Member States concerned, the Council shall, on the basis of recommendations from the Commission, address recommendations to those Member States making full use of the legal instruments provided in Articles 121 and 148 TFEU and related relevant secondary legislation.
Amendment 413 #
2023/0138(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) a warning by the Commission or a recommendation by the Council pursuant to Article 121(4) TFEU;
Amendment 445 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the public debt ratio is put or remains on a plausibly and sustainable downward path, or stays at prudent levels;
Amendment 558 #
2023/0138(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
To assess plausibility that the projected public debt ratio of the Member State concerned is on a downward sustainable path or remains at a prudent level, the Commission shall use the methodology referred to in Annex V. The Commission shall make public its analysis of plausibility and the underlying data.
Amendment 579 #
2023/0138(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Each Member State shall submit to the Council and to the Commission a national medium-term fiscal-structural plan before end-April following the entry into force of this Regulation. The Member State concerned and the Commission may agree to extend this deadline by a reasonable period if necessary. The European Parliament shall be duly informed about such diligences.
Amendment 588 #
2023/0138(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
The Member States are strongly encouraged to discuss their draft national medium term fiscal structural plans with their parliaments and with civil society, social partners and relevant stakeholders, without prejudice to national legal frameworks. If such discussions result in formal decisions or contributions, the content of such conclusions must be annexed to the proposal.
Amendment 611 #
2023/0138(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The national medium-term fiscal-structural plan shall also describe the actions of the Member State concerned to address the country-specific recommendations, including those that are relevant for the Macroeconomic Imbalances Procedure, and the warnings by the Commission, where applicable, or the recommendations by the Council, where applicable, made pursuant to Article 121(4) TFEU.
Amendment 633 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) ensure the fiscal adjustment necessary to put or keep public debt on a plausibly downward sustainable path by the end of the adjustment period at the latest, or remain at prudent levels, and to bring and maintain the government deficit below the 3% of GDP reference value over the medium term;
Amendment 780 #
2023/0138(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Prior to the submission of the revised national medium-term fiscal- structural plan, the Commission shall put forward, in a report to the European Parliament and the Economic and Financial Committee, a new technical trajectory.
Amendment 801 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission shall assess each national medium-term fiscal-structural plan within 2 months of its submission. The Member State concerned and the Commission may agree to extend the period of assessment by a reasonable period if necessary, not exceeding 2 months.
Amendment 811 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the national medium-term fiscal-structural plan ensures that public debt is put or kept on a plausibly downward sustainable path by the end of the adjustment period at the latest, or stays at prudent levels;
Amendment 902 #
2023/0138(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) the Member State concerned fails to submit a revised national medium-term fiscal-structural plan within onetwo months of the recommendation by the Council;
Amendment 906 #
2023/0138(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) the Council considers that the revised national medium-term fiscal- structural plan does not comply with the requirements set out in Article 15(2) and (3), point (a), duly justifying its position;
Amendment 929 #
2023/0138(COD)
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. Member States are strongly encouraged to discuss the progress report in their national parliaments and with civil society, social partners and relevant stakeholders, in full respect of their national legal frameworks.
Amendment 961 #
2023/0138(COD)
Proposal for a regulation
Article 23 – title
Article 23 – title
Amendment 962 #
2023/0138(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 972 #
2023/0138(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. On the basis of a Commission recommendation, the Council shall, within one month of the Commission warning referred to in paragraph 1, adopt a recommendation to the Member State concerned for the necessary policy measures, in accordance with Article 121(4) TFEU.
Amendment 1084 #
2023/0138(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
(a) by the end of the adjustment period, at the latest, the 10-year debt trajectory in the absence of further budgetary measures is on a plausibly downward sustainable path or stays at prudent levels;
Amendment 1119 #
2023/0138(COD)
Proposal for a regulation
Annex II – paragraph 1 – point i a (new)
Annex II – paragraph 1 – point i a (new)
(ia) Measures in place or planned to enhance the Member State levels of productivity;
Amendment 11 #
2023/0137(CNS)
Proposal for a regulation
Recital 5
Recital 5
(5) The economic governance framework of the Union should be adapted to better take into account the growing heterogeneity of fiscal positions, sustainability risks and other vulnerabilities across Member States. The strong policy response to the COVID-19 pandemic proved effective in mitigatinged the economic and social damage of the crisis, but resulted in a significant increase in public- and private-sector debt ratios, underscoring the importance of reducing debt ratios to prudent levels in a gradual, sustained and growth-friendly manner and addressing macroeconomic imbalances, while paying due attention to employment and social objectives. At the same time, the economic governance framework of the Union should be adapted to help address the medium- and long-term challenges facing the Union, including achieving a fair digital and green transition, including the Climate Law22 , ensuring energy security, open strategic autonomy, addressing demographic change and intergenerational fairness, strengthening social and economic resilience, promoting higher levels of productivity and implementing the strategic compass for security and defence, all of which requires reforms and sustained high levels of investment in the years to come. __________________ 22 The European Climate Law sets a Union-wide climate neutrality objective by 2050 and requires Union institutions and Member States to progress in enhancing adaptive capacity, requiring significant public investment to reduce the negative socio-economic impacts of climate change on the EU and its Member States, including negative impacts on growth and fiscal sustainability.
Amendment 28 #
2023/0137(CNS)
Proposal for a regulation
Recital 10
Recital 10
(10) To strengthen the EDP for breaches of the debt criterion of 60 % of GDP (‘debt-based EDP’), referred to in Article 126(2) TFEU and Protocol No 12 the focus should be on departuresignificant deviations from the fiscal path set by the Council under Regulation (EU) […] of the European Parliament and of the Council23 . __________________ 23 Regulation (EU) […] of the European Parliament and of the Council of […] [on the effective coordination of economic policies and multilateral budgetary surveillance] (OJ L …, …, p….).
Amendment 47 #
2023/0137(CNS)
Proposal for a regulation
Recital 16
Recital 16
(16) The corrective net expenditure path under the EDP should bring or keep the general government deficit durably below the reference value of 3 % of GDP referred to in Article 126(2) TFEU and Protocol No 12 by the deadline established by the Council. The corrective net expenditure path under the EDP should also ensure sufficient progress during the period covered by the recommendation regarding putting the projected debt ratio on a plausibly and sustainable downward path or remaining at a prudent level. When setting the corrective net expenditure path under the EDP, the Council should also ensure that there is no back-loading of the required fiscal adjustment effort. The corrective net expenditure path under the EDP would in principle be the one originally set by the Council, while taking into account the need to correct the deviation from that path. In case the original path is no longer feasible, due to objective circumstances, the Council should be able to set a different path under the EDP.
Amendment 133 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 3 – point c
Article 2 – paragraph 3 – subparagraph 3 – point c
(c) the evolution of the government debt position and its financing, and the forecast for debt levels, considering related risk factors, in particular the maturity structure, the currency denomination of the debt and contingent liabilities;
Amendment 207 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1467/97
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Where effective action has been taken in compliance with a recommendation under Article 126(7) TFEU or where exceptional circumstances outside the control of the government with a major impact on the public finances of the Member State concerned, including on the respect of the corrective net expenditure path recommended by the Council pursuant to paragraph 4 of this Article, occur after the adoption of that recommendation, the Council may decide, on a recommendation from the Commission, to adopt a revised recommendation under Article 126(7) TFEU. The revised recommendation, taking into account the relevant factors referred to in Article 2(3) of this Regulation may, in particular, extend the deadline for the correction of the excessive deficit by one year as a rule. In case the Council has established the existence of a severe economic downturn in the euro area or in the Union as a whole in accordance with Article 24 of Regulation (EU) [on the preventive arm], the Council may also decide, on a recommendation from the Commission, to adopt a revised recommendation under Article 126(7) TFEU provided that this does not endanger fiscal sustainability in the medium term. The revised recommendation may, in particular, extend the deadline for the correction of the excessive deficit by one year as a rule.;
Amendment 234 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1467/97
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where effective action has been taken in compliance with a notice under Article 126(9) TFEU or where exceptional circumstances outside the control of the government with major impact on the public finances of the Member State concerned, including on the respect of the corrective net expenditure path referred to in paragraph 1 of this Article, occur after the adoption of that notice, the Council may decide, on a recommendation from the Commission, to adopt a revised notice under Article 126(9) TFEU. The revised notice, taking into account the relevant factors referred to in Article 2(3) of this Regulation may, in particular, extend the deadline for the correction of the excessive deficit by one year as a rule. In case the Council has established the existence of a severe economic downturn in the euro area or in the Union as a whole in accordance with Article 24 of Regulation (EU) [on the preventive arm], the Council may also decide, on a recommendation from the Commission, to adopt a revised notice under Article 126(9) TFEU, on condition that it does not endanger fiscal sustainability in the medium term. The revised notice may, in particular, extend the deadline for the correction of the excessive deficit by one year as a rule.;
Amendment 4 #
2023/0136(NLE)
Proposal for a directive
Recital 2
Recital 2
(2) Building upon the experience gained with the economic and monetary union since Directive 2011/85/EU came into force, namely on crisis situations like the Covid-19 pandemic or the ongoing illegal war of aggression in Ukraine, it is necessary to amend its requirements regarding the rules and procedures forming the budgetary frameworks of the Member States, guaranteeing systematic coherence within the Economic Governance instruments and focusing on the promotion of responsible and accountable fiscal and budgetary policies, inclusive and sustainable growth, effective reforms, quality investment, productivity and intergenerational fairness.
Amendment 5 #
2023/0136(NLE)
Proposal for a directive
Recital 4
Recital 4
(4) Commission Communication of 5 February 202018 pointed to substantial but uneven progress in the development of national budgetary frameworks considering that Union law only sets minimum requirements and that implementation and compliance with national provisions had been very diverse across Member States. That Communication also considered the extent to which the framework would support economic, environmental and social policy needs related to the transition towards a climate- neutral, resource-efficient and digital European economy, complementing the key role of the regulatory environment and structural reforms. __________________ 18 Communication COM(2020) 55 final of 5 February 2020 from the Commission ‘Economic governance review, Report on the application of Regulations (EU) No 1173/2011, 1174/2011, 1175/2011, 1176/2011, 1177/2011, 472/2013 and 473/2013 and on the suitability of Council Directive 2011/85/EU’.
Amendment 7 #
2023/0136(NLE)
Proposal for a directive
Recital 5
Recital 5
(5) Commission Communication of 11 December 2019 on the European Green Deal19 called for a greater use of green budgeting tools to redirect public investment, consumption and taxation to green priorities and away from harmful subsidies. The European Climate Law sets a Union-wide climate neutrality objective by 2050 and requires Union institutions and Member States to progress in enhancing adaptive capacity. The Commission committed to working with the Member States to screen and benchmark green budgeting practices. Commission Communication of 24 February 2021 on the new EU strategy on adaptation to climate change20 pointed to the macro-fiscal relevance of climate change and highlighted the need to increase Union’s resilience to the impacts of climate change. The European Semester provides an additional framework to support such efforts and the Technical Support Instrument offers practical assistance for their implementation. __________________ 19 Communication COM(2019) 640 final from the Commission ‘The European Green Deal’. 20 Communication COM(2021) 82 final from the Commission ‘Forging a climate- resilient Europe - the new EU Strategy on Adaptation to Climate Change’.
Amendment 12 #
2023/0136(NLE)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive is part of a package together with Regulation (EU) [XXX]22 of the Parliament and of the Council replacing Regulation (EC) No 1466/9723 (the preventive arm of the Stability and Growth Pact) and Council Regulation [XXX]24 amending Council Regulation (EC) No 1467/9725 (the corrective arm of the Stability and Growth Pact). Together, they establish a reformed Union economic governance framework that incorporates into Union law the substance of Title III ‘Fiscal Compact’ of the inter-governmental Treaty on Stability, Coordination and Governance (TSCG) in the Economic and Monetary Union26 , in accordance with Article 16 thereof. Title III is binding on the Member States whose currency is the euro and, on a voluntary basis, on Bulgaria, Denmark and Romania. By building on the experience with the implementation of the TSCG by the Member States, the package retains the Fiscal Compact’s medium-term orientation as a tool to achieve budgetary discipline and growth promotion. The package includes a strengthened country- specific dimension aimed at enhancing national ownership, including by means of a stronger role for independent fiscal institutions, which draws on the Fiscal Compact’s common principles proposed by the Commission27 in accordance with Article 3(2) of the TSCG. The analysis of expenditure net of discretionary revenue measures for the overall assessment of compliance required by the Fiscal Compact is set out in Regulation [XXX] replacing Regulation (EC) No 1466/97. As in the Fiscal Compact, significant temporary deviations from the medium-term plan are allowed only in exceptional circumstances in Regulation [XXX] replacing Regulation (EC) No 1466/97. Similarly, in case of significant deviations from the medium- term plan, measures should be implemented to correct the deviations over a defined period of time. The package strengthens fiscal surveillance and enforcement procedures to deliver on the commitment of promoting sound and sustainable public finances and sustainable growth. The economic governance framework reform, thus, retains the fundamental objectives of budgetary discipline and debt sustainability set out in the TSCG. __________________ 22 Regulation (EU) of the European Parliament and of the Council of [insert date] [insert full title] (OJ L ..). 23 Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (OJ L 209, 2.8.1997, p. 1). 24 Regulation (EU) of the Council of [insert date] [insert full title] (OJ L ..). 25 Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (OJ L 209, 2.8.1997, p. 6). 26 Treaty on Stability, Coordination and Governance in the Economic and Monetary Union of 2 March 2012. 27 Communication COM(2012) 342 final of 20 June 2012 from the Commission ‘Common principles on national fiscal correction mechanisms’.
Amendment 17 #
2023/0136(NLE)
Proposal for a directive
Recital 11
Recital 11
(11) Biased and unrealistic macroeconomic and budgetary forecasts for the annual and multiannual budget legislations can considerably hamper the effectiveness of fiscal planning and consequently impair commitment to budgetary discipline. To improve baseline assumptions and provide unbiased assessments of the fiscal impact of various policy measures, the macroeconomic and budgetary forecasts of the Member States should be endorsed or produced by an independent fiscal institution.
Amendment 28 #
2023/0136(NLE)
Proposal for a directive
Recital 18
Recital 18
(18) Similarly, transparency regarding the type and size of tax expenditures and resulting revenue lossax expenditures is necessary to provide a more profoundbetter understanding of the extent to which fiscal policy and budgetary planning are aligned with government priorities, the national medium-term plan and the objectives related to sustainable and inclusive growth, investment and reforms, productivity and intergenerational fairness.
Amendment 45 #
2023/0136(NLE)
Proposal for a directive Sole Article – Paragraph 1 – point 3 – point b Directive 2011/85/EU
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 91 #
2023/0136(NLE)
Proposal for a directive Sole Article – Paragraph 1 – point 9 – point b – point ii Directive 2011/85/EU
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) a description of medium-term policies, including investment and reforms, envisaged with an impact on general government finances and sustainable and inclusive growth, and productivity broken down by major revenue and expenditure item, showing how the adjustment towards the national budgetary objectives over the medium term as referred to in Article 2, point (e), is achieved compared to projections under unchanged policies.;
Amendment 103 #
2023/0136(NLE)
Proposal for a directive Sole Article – Paragraph 1 – point 13 Directive 2011/85/EU
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall publish detailed comprehensive information on the impact of tax expenditures on revenues and expected consequences on productivity levels, competitiveness and general contribution for the national budgetary objectives as referred to in Article 2, point (e), based on a transparent methodology.
Amendment 86 #
2023/0115(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The Banking Union is a fundamental pillar of the Economic and Monetary Union (EMU) and its development has been essential to guaranteeing the stability and resilience of the banking sector, including by way of the Single Supervisory Mechanism and the Single Resolution Mechanism. Unfortunately, the Banking Union is not yet complete, owing to the slow adoption of a European deposit insurance scheme (EDIS).
Amendment 34 #
2023/0112(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The Banking Union is a fundamental pillar of the Economic and Monetary Union (EMU) and its development has been essential to guaranteeing the stability and resilience of the banking sector, including by way of the Single Supervisory Mechanism and the Single Resolution Mechanism. Unfortunately, the Banking Union is not yet complete, owing to the slow adoption of a European deposit insurance scheme (EDIS).
Amendment 57 #
2023/0111(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The Banking Union is a fundamental pillar of the Economic and Monetary Union (EMU) and its development has been essential to guaranteeing the stability and resilience of the banking sector, including by way of the Single Supervisory Mechanism and the Single Resolution Mechanism. Unfortunately, the Banking Union is not yet complete, owing to the slow adoption of a European deposit insurance scheme (EDIS).
Amendment 119 #
2023/0111(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) The Fund should guarantee high levels of transparency to duly safeguard the public interest, particularly when public resources are deployed for the application of resolution tools, and should therefore endeavour to publish regular reports on the resolution processes for which those resources were deployed, mentioning the total amount, the amounts repaid and the timeframe for future repayments.
Amendment 269 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
(23a) Article 23 is amended as follows: (a) the following third paragraph is added: The resolution scheme shall outline the resolution actions that should be taken by the Board in relation to the Union parent undertaking or particular group entities established in the Member States with regard to management decisions on awarding management bonuses, distributing dividends or purchasing own shares.
Amendment 279 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24 a (new)
Article 1 – paragraph 1 – point 24 a (new)
Regulation (EU) No 806/2014
Article 29 a (new)
Article 29 a (new)
(24a) the following Article 29a is inserted: (a) Article 29a (Transparency) The Fund shall publish regular reports on the repayment of public resources provided under a resolution instrument with clear, accessible information on the total amount provided, the amounts repaid and the timeframe for future repayments.
Amendment 5 #
2022/2172(INI)
Draft opinion
Recital A
Recital A
A. whereas the proposed first basket of new own resources is based on the EU Emissions Trading System, the Carbon Border Adjustment Mechanism and Pillar I of the Organisation for Economic Co-operation and Development (OECD)ECD/G20 Inclusive Framework on Base Erosion and Profit Shifting agreement;
Amendment 7 #
2022/2172(INI)
Draft opinion
Recital B
Recital B
B. whereas tha possible second basket of new own resources couldmay include a financial transaction tax and / or a financial contribution linked to the corporate sector or a new common corporate tax base; whereas the Commission will present it´s proposal on Business in Europe: Framework for Income Taxation (BEFIT) and such initiative must be considered in this framework;
Amendment 61 #
2022/2172(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to considerevaluate, for its second basket of own resources, the effects of an EU-wide financial transaction tax based on its 2011 model, which should yield around EUR 41.5 billion per year;
Amendment 66 #
2022/2172(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to come forward withevaluate an own resource linked to either the upcoming ‘Business in Europe: Framework for Income Taxation’ proposal or, having in regard the need for a coherent approach to the proposal for a minimum tax directive1 implementing the OECD-led global tax deal, most in particular Pillar II; _________________ 1 Commission proposal for a Council directive on ensuring a global minimum level of taxation for multinational groups in the Union (COM(2021)0823).
Amendment 74 #
2022/2172(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 24 #
2022/2150(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas, despite this average level of public debt and ratio to GDP, the national realities are significantly different from Member State to Member State; whereas some Member States have high levels of public debt and are, therefore, more exposed to the volatility of rates on times of economic uncertainty; whereas the principle of intergenerational solidarity demands a responsible, balanced and future-driven approach to public debt, based on accountability and flexibility;
Amendment 33 #
2022/2150(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the differences regarding the national forecasts for GDP growth, inflation, unemployment, general government balance, gross public debt and current account balance demonstrate the need for flexible approaches, based on the specific reality of each Member State; whereas the country specific reccomendations are the most important instrument to guarantee such approach; whereas Member States must be committed to comply with such recommendations;
Amendment 37 #
2022/2150(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas the high levels of inflation recorded in 2022 and the economic forecasts for 2023 justify a structured debate on the reform of economic governance;
Amendment 122 #
2022/2150(INI)
Motion for a resolution
Paragraph 7 – subparagraph 1
Paragraph 7 – subparagraph 1
welcomes the extension of these features to the European Semester and other instruments used for economic coordination, underlining the need to adapt such features to the specific reality of the European Semester - as essentially an instrument for economic coordination - and the importance of having that in regard in a future reform of economic governance;
Amendment 133 #
2022/2150(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines the importance of public investment in the framework of the economic recovery; recalls that the RRF does not replace the specific role of national public invesment; reiterates the need to ensure quality, transparency and accountability in public investment and national strategies coherent with the objectives of the twin transition, that must be complementary to the RRF and other european investment instruments;
Amendment 176 #
2022/2150(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Welcomes the Commission intention to strenghen the national ownership of fiscal trajectories, based on a transparent risk-based EU surveillance framework, therefore pursuing a path of more flexibility and accountability;
Amendment 220 #
2022/2150(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that the better law-making agreement reiterates that the European Parliament and the Council are to exercise their powers as co-legislators on an equal footing and that the Commission therefore needs to treat them equally, in full respect of the competences defined by the treaties; stresses the role and responsibility of national parliaments;
Amendment 18 #
2022/2146(INI)
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
– having regard to the statement of the Organisation for Economic Cooperation and Development (OECD)/G20 Inclusive Framework on Base Erosion and Profit Shifting (BEPS) entitled ‘Two-Pillar Solution to Address the Tax Challenges Arising from the Digitalisation of the Economy’, which had been joined and agreed to by 137 out of 141 members as of 4 November 2021
Amendment 31 #
2022/2146(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas tax policy is a national competence under the treaties and tax sovereignty is a fundamental priciple of the EU legal order; whereas this primary law framework allows a high level of legislative coordination and administrative cooperation among EU Member States; whereas such coordination and cooperation is required in order to preserve the integrity of the Single Market and a loyal, fair and transparent tax competition;
Amendment 33 #
2022/2146(INI)
Motion for a resolution
Recital B
Recital B
Amendment 40 #
2022/2146(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas as of the 4 November 2021, 137 out of 141 members of the OECD/G20 Inclusive Framework on BEPS, including all EU Member States, agreed on the reform of the international tax system through a two-pillar solution to address the challenges stemming from the digitalisation of the economy, including placing multilaterally agreed limitations on profit shifting;
Amendment 42 #
2022/2146(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. Whereas SMEs currently account for almost all European Union (EU-28) non-financial business sector enterprises (99.8%), two-thirds of total EU-28 employment (66.6%) and slightly less than three-fifths (56.8%) of the value added generated by the nonfinancial business sector according to the Commission’s report on Tax compliance costs for SMEs: An update and a complement of January 2022;
Amendment 71 #
2022/2146(INI)
Motion for a resolution
Recital F
Recital F
F. wWhereas tax policy fragmentation creates various obstacles for citizens and companies in the single market, particularly small and medium-sized enterprises (SMEs); including legal uncertainty, red tape, the risk of double taxation and difficulties claiming tax refunds whereas these obstacles discourage cross-border economic activity and can distort the single market;
Amendment 76 #
2022/2146(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas according to the Commission’s study of January 2022, companies are estimated to spend an annual total amount estimated around EUR 204 billion to comply with obligations related to CIT, VAT, wage related taxes and contributions, property and real estate taxes and local taxes;
Amendment 77 #
2022/2146(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas such tax policy fragmentation must be mitigated with increased coordination and cooperation and with a clear commitment of Member States with the swift and competent transposition of Directives in the area of taxation;
Amendment 79 #
2022/2146(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. Whereas the average corporate income tax rate in the EU in 2022 was 21.2% according to the Commission;
Amendment 86 #
2022/2146(INI)
Motion for a resolution
Recital G
Recital G
G. wWhereas the debt-equity bias in corporate taxation allows for generous tax deductions on interest payments; whereas equity financing costs cannot be deducted in a similar manner. Whereas there is a structural disadvantage facing companies that rely on equity financing, in particular if they are young and small companies with poor access to credit;
Amendment 88 #
2022/2146(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas private companies play a fundamental role in society by being the main generators of employment. Through their business activity, these organisations create job opportunities for millions of people, which in turn drives the economic and social development of the communities in which they operate. By fostering competition and innovation, private enterprises promote efficiency in the allocation of resources, resulting in increased productivity and economic growth. Whereas, by generating employment, these enterprises provide people with the possibility of earning an income, improving their quality of life and meeting their basic needs. Private business activity also generates tax revenues for the state, which can be used to finance essential public services. Private enterprises, as the main generators of employment, play an essential role in the economic and social development of societies, promoting progress and improving people's quality of life;
Amendment 90 #
2022/2146(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 94 #
2022/2146(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. Whereas the proposal for the Retail Investor Strategy was published by the European Commission on 24 May. Stresses that it is a unique opportunity to protect our SMEs, allowing them to be less dependent on bank credit and to have the capital and investment they need for their projects. Regrets that it has been published at the end of the legislature, putting at risk that it could be adopted this legislature;
Amendment 95 #
2022/2146(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the Commission legislative impetus on taxation, namely on corporate taxation, must pursue clear priorities linked with administrative simplification, bureaucracy reduction and compliance costs mitigation, namely on what regards SMEs;
Amendment 97 #
2022/2146(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. Whereas InvestEU is a European Union fund that supports sustainable investment, innovation and job creation in Europe with the aim of triggering investments. Regrets the low level of implementation where only five states have applied for the funds and is at 19% mobilisation. Encourages the Commission to make a proposal to speed up the arrival of funds to boost job creation;
Amendment 108 #
2022/2146(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that EU Member States cooperating on corporate taxation is not a goal in itself, but rather a tool to complete, improve and further develop the single market; calls on the Commission and the Council to assist our companies to improve the investment climate and make corporate taxation less burdensome, more sustainable and orientated towards improving Europe’s competitiveness;
Amendment 131 #
2022/2146(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. TRecognizes EU’s past actions against aggressive profit shifting in line with international developments at the level of the OECD/G20; takes note of the numerous tax directives since 2011 that have led to fairer, simpler and more effective corporate taxation in the EU, and to a high number of tax compliance obligations on companies within the EU21 ; _________________ 21 See notably the Anti-Tax Avoidance Directives (ATAD I and ATAD II), the amendments of the Directive on administrative cooperation in the field of taxation (DAC 1 to DAC 7), the revision of the Parent Subsidiary Directive, the EU Dispute Settlement Directive, the Public Country-by-Country Reporting Directive, or the Pillar Two Directive.
Amendment 137 #
2022/2146(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the fact that the Member States have implemented and applied tax directives in a divergent manner, undermining the proper functioning of the single market and leading to misalignment in tax bases, more red tape and higher compliance costs; deplores, in this regard, the observation of the Commission of January 2022 that national tax systems, tax administrations and, in general, differences in the broader public administration of the countries do have an impact on the burden of compliance;
Amendment 141 #
2022/2146(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Takes note of the Council agreement of November 2022 on broadening the scope of the Code of Conduct on Business Taxation;; calls on the Code of Conduct Group on Business to Taxation to make full use of its revised mandate;
Amendment 142 #
2022/2146(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that a high taxes environment, namely on what regards corporate taxation, discourages investment and, therefore, is a significant obstacle to job creation, economic growth generation and competitiveness promotion.
Amendment 151 #
2022/2146(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to conduct a EU-wide study on the levels of tax compliance costs, in a country-by- country basis and an overall evaluation of the identified scenario; additionaly, calls on the Commission to follow-up such assessment with an initiative to tackle high compliance costs and enhance cooperation to reduce the administrative burden.
Amendment 163 #
2022/2146(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to present an overall evaluation of previous actions taken on corporate taxation since 2011 and to immediately ease the burden on businesses by invoking a regulatory moratorium and delaying those tax acts that would unnecessarily increase costs for businesses already under strain; calls on the Commission to carry out competitiveness checks for new legislative tax proposals, as requested by the European Council for all new proposals on 22 March 2023;
Amendment 169 #
2022/2146(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the REPowerEU Plan and its priorities and calls on Member States to integrate tax breaks measures and tax incentives to speed up the execution of funds, to achieve greater competitiveness and to help SMEs, companies and industry sector in achieving the objectives of this programme in their modified NRRPs as suggested by the Commission;
Amendment 199 #
2022/2146(INI)
12. Takes note of the two-pillar solution reached at the OECD/G20 Inclusive Framework on the allocation of taxing rights and the application of a minimum effective tax rate of 15 % on the global profits of MNEs; calls on the Commission to report back to Parliament on the success of the ratification process of the pillar 2 agreement in non-EU countries;
Amendment 209 #
2022/2146(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Observes that, in addition to coping with a volatile business environment and an increasing number of EU tax directives, companies are focusing their financial and human resources on applying the Pillar Two rules, further OECD guidance and further interpretations by individual Member States; ; calls on the Commission to give companies breathing space and enough time to prepare for the possible new BEFIT rules;
Amendment 210 #
2022/2146(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Understands the OECD agreement as a package that must be in force simultaneously; takes note of the delay on the adoption of the Pillar One proposal by the Commission ; believes that Pillar Two must be in force once the future Pillar One proposal is approved; takes duly note of the international scenario on the transposition of Pillar One and Pillar Two.
Amendment 237 #
2022/2146(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 265 #
2022/2146(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the idea of a one-stop- shop allowing for the filing of one consolidated tax return; calls o, in the Commission to introduce a one-stop-shop for the application of the BEFIT rules in a test phase and to incorporate it as a permanent feature of BEFIT if the test phase is successfulis regard, on Member States to step up their efforts in introducing electronic filing system that benefits the taxpayer; calls on the Commission to assess whether the One-Stop-Shop could potentially be tested for groups operating in the single market and applying the Pillar Two rules and as a follow-up to incorporate later the new BEFIT rules; welcomes in this regard the Commission communication of 16.3.2023 highlighting the usefulness of one-stop- shops for bringing down barriers;
Amendment 277 #
2022/2146(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes note of the Commission proposal of 11 May 2022 addressing the debt-equity bias; deplores the Council decision of 6 December 2022 to suspend the examination of the proposal; calls on the Council to relaunch negotiations on this proposal and adopt the Commission’s proposal with amendments as soon as possible ;
Amendment 287 #
2022/2146(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights that tax incentives applied in a fiscally responsible manner for private research and development (e.g. via tax credits, enhanced allowances or adjusted depreciation schedules) can help lift an economy’s overall spending towards research and development, which often comes with positive externalities; recalls that corporate spending on research and development was equal to 1.5 % of EU GDP in 2020, compared to 2.6 % in the US and Japan, according to the European Investment Bank’s 2022/2023 investment report; welcomes in this regard the Commission communication of 16 of March 2023 encouraging Member States to provide general tax-based incentives for research and innovation activities; calls on the Commission to present an assessment of tax incentives for private research and development;
Amendment 290 #
2022/2146(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to conduct an impact assessment on the use of new technologies to improve the speed, efficiency, reliability, transparency and resilience of tax-related administrative procedures; understands that the Commission may follow-up such impact assessment with a proposal to enhance cooperation between tax authorities, taking advantage of good practices identified, leading to a business-friendly environment, with less bureaucracy, compliance costs and administrative overburden.
Amendment 7 #
2022/2142(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that taxation is one of the few areas that remain subject to unanimity voting in Council; stresses that it has become increasingly evident over recent years that stronger coordination and cooperation in the field of taxation is needed at EU and global levels in the light of economic developments and the new challenges created by digitalisation and globalisation; regrets, in this regard, Hungary’s misuse of its veto right to block the Council negotiations on the Commission proposal of 22 December 2021 for a Council directive on ensuring a global minimum level of taxation for multinational groups in the Union (COM(2021)0823);
Amendment 15 #
2022/2142(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets the fact that the current situation often leads to delays and a lack of progress in the harmonisation and coordination of tax rules across the Union, even though such harmonisation and coordination would benefit everyone; nNotes that some legislative proposals, such as the debt-equity bias reduction allowance (DEBRA) or the Business in Europe: Framework for Income Taxation (BEFIT), will be key to supporting the competitiveness of European companies;
Amendment 29 #
2022/2142(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that Article 48(7) of the Treaty on European Union provides for two general passerelle clauses that allow the decision-making procedures to be changed in order to adopt measures in Council through qualified majority voting (QMV) in areas that are currently subject to unanimity; regrets the fact and, in cases of special legislative procedure, to adopt a decision in accordance with the ordinary legislative procedure; underlines that any decision on the use of a passerelle clause must be limited to a specific area or case, according to the same Article 48(7); notes that these passerelle clauses have never been used; recalls that activating the passerelle clauses would in any case require unanimity in the European Council and Parliament’s consent; stresses that national parliaments are entitled to oppose the activation of such clauses;
Amendment 37 #
2022/2142(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 45 #
2022/2142(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Reminds that there are six special passerelle clauses provisioned in the treaties, namely in the areas of common foreign and security policy (Article 31(3) TEU), family law with cross-border implications (Article 81(3) TFEU), social policy (Article 153(2) TFEU), environmental policy (Article 192(2) TFEU), multiannual annual financial framework (Article 312(2) TFEU), and enhanced cooperation (Article 333 TFEU); notes that the legislator of primary EU Law provisioned these special clauses, signalizing therefore these policy dimensions as the main areas where passerelle clauses must be applied; recalls that taxation is not among such dimensions;
Amendment 50 #
2022/2142(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that the general passerelle clauses provisioned in Article 48(7) TEU first and second paragraphs "do not envisage the modification of Union competences, but only a change in the decision-making procedure, using existing powers"1a; _________________ 1a C. Callies, M. Ruffert and H.-J. Cremer, EUV/AEUV, Der Verfassungsrecht der Europäischen Union mit Europäischer Grundrechtcharta, 2016, Article 48, mn. 12.
Amendment 51 #
2022/2142(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Recognizes that the specific procedure for the application of general passerelle clauses provisioned in Article 48(7) TEU comprehends a series of requirements that make its activation difficult; understands that the teleology of such provision is the need to create a significant limitation to the use of such clauses as they represent a de facto Treaty change, in the sense that they formally change the legislative procedure and the majority requirements provisioned in the treaties; takes duly note of such originary intention of the primary EU Law legislator;
Amendment 53 #
2022/2142(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
Amendment 9 #
2022/2080(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Pandora Papers revealed how high-net-worth individuals, including politically exposed persons, criminals, public officials and celebrities, are assisted by intermediaries, such as banks, accountants and law firms, in designing complex corporate structures registered in secrecy jurisdictions or tax havens in close cooperation with offshore professional service providers in order to shield income and assets from taxation and possibly launder money;
Amendment 53 #
2022/2080(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 60 #
2022/2080(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the fact that, as exposed by the Pandora Papers9 , PwCsome consultancy firms, along with other western firms, had a central role in assisting Russian oligarchs with their investments in the West through their networks of offshore shell companies10 ; regrets the absence of visible investigations into the intermediary sector in the EU following the Pandora Papers and the EU’s sanctions on Russian oligarchs; calls on the authorities in the Member States to investigate any wrongdoing by these firms; _________________ 10 ‘How Western Firms Quietly Enabled Russian Oligarchs’, The New York Times, 9 March 2022. 9 ‘The oligarch’s accountants: How PwC helped a Russia steel baron grow his offshore empire’, International Consortium of Investigative Journalists, Pandora Papers, 11 April 2022.
Amendment 94 #
2022/2080(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Observes, in parallel, a growing trend for countries, and EU Member States in particular, to adopt legal frameworks designed to attract high-net-worth individuals, foreign pensioners and highly skilled workers to invest or live in their territory, notably granting them generous tax benefits and exemptions which do not apply to nationals, in addition to offering golden visas and selling citizenship opportunities; considers that these realities must be evaluated on the basis of their respect for the EU competition legal framework;
Amendment 116 #
2022/2080(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 148 #
2022/2080(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission proposal for a Council directive laying down rules to prevent the misuse of shell entities for tax purposes and amending Directive 2011/16/EU14 ; calls on the Council to swiftly adopt the proposal once Parliament has submitted its opinion, taking into consideration its proposals and the need to reach an agreement based on proportionate and adequate rules, safeguarding the competitiveness of European companies, namely SMEs; _________________ 14 COM(2021)0565.
Amendment 159 #
2022/2080(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is deeply disappointed by the failure of finance ministers to adopt the much-needed reform of the Code of Conduct for Business Taxation on 7 December 2021, after several unsuccessful attempts; condemns Hungary and Estonia, in particular, for blocking the reform; calls on the Council to consider the Parliaments proposals in this regard, in full respect of the set of EU competences in the field of taxation;
Amendment 10 #
2022/2062(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EIB is the long-term lending arm of the European Union and is the world’s largest multilateral lender and one ofhas an important role as a financial institution supporting the bdiggest providers of climate financeital and green transition;
Amendment 14 #
2022/2062(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the EIB, that is owned by the 27 EU Member States, must always seek to support the EU objectives and, primarily, boost the Union potential in terms of job creation, economic growth and competitiveness; whereas that mandate comprehends the promotion of EU policies in third countries;
Amendment 15 #
2022/2062(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in 2022 the EIB launched a new arm, EIB Global, to handle investments outside the EU; whereas given the many geopolitical challenges in 2022, the role of EIB Global was very important in terms of investment and of Europe’s position in the world; whereas this external action must be aligned with the EU policy objectives, namely regarding the Global Gateway;
Amendment 17 #
2022/2062(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the EIB has a significant role, namely through the European Investment Fund (EIF), on the support to European SMEs and their ability to access financial markets, from venture capital to micro-financing, guaranteeing therefore a strong and competitive Capital Markets Union;
Amendment 64 #
2022/2062(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Underlines the important role of the EIB in supporting EU Members States and third countries, namely the ones that are candidates to the EU, in the access to risk capital markets, expanding the opportunities for investment;
Amendment 79 #
2022/2062(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recalls that digitalisation and decentralization are important trends in financial markets and in the banking sector and calls, therefore, the EIB to focus on investments on sustainable, innovative and future-driven projects;
Amendment 114 #
2022/2062(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the fact that EIB Global supported EUR 9.1 billion in global investment outside the EU in 2022; expects EIB investments in non-EU countries to be fully aligned with EU and EU external action policies, namely with the Global Gateway;
Amendment 22 #
2022/2061(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Banking Union (BU) currently consists of the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism; whereas the establishment and implementation of those two instruments has helped to deepen the Banking Union and contributed to the recovery of the banking sector, in the aftermath of the financial crisis; whereas although the Deposit Guarantee Schemes Directive4 sets out high minimum standards in the area of deposit protection, the BU remains unfinished because the third pillar – the European deposit insurance scheme (EDIS) – has not yet been established, even though a European Parliament-approved mandate for negotiations exists; _________________ 4 Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149).
Amendment 31 #
2022/2061(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the BU is open to all EU Member States and is intended to be participated in by all, in line with the objective of extending the single currency to all Member States as laid down in the Treaties, in particular Article 3 of the Treaty on European Union;
Amendment 35 #
2022/2061(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the illegal, illegitimate, unjustified and immoral Russian aggression against Ukraine and its economic and social consequences will have a significant direct and indirect impact on the EU banking sector; , which needs to be anticipating by taking practical measures to ensure that European banks, which play a key role in making the European economy more competitive, are resilient;
Amendment 80 #
2022/2061(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the EU banking sector is key to supporting economic recovery, promoting private investment and initiative, ensuring that people have access to credit, and providing liquidity and fluidity in the financial sector, and to an economic environment that fosters employment, innovation and competitiveness;
Amendment 92 #
2022/2061(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns in the strongest possible terms the illegal, illegitimate, unjustified and immoral Russian aggression against Ukraine and its devastating impact on the Ukrainian people; notes that the Russian invasion has also had social, economic and financial consequences for the EU, including exacerbating inflation trends; notes that banks’ direct exposures to Russia and Ukraine are limited, but that the banking sector may be affected by indirect impacts; emphasises the important role that the banking sector plays in ensuring compliance with the restrictive measures applied to businesses and individuals associated with the Russian regime; and stresses the need to ensure that the European banking sector's exposure to Russia is progressively and significantly reduced;
Amendment 113 #
2022/2061(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the EU should fairly and fully implement the Basel III reform in a timely mannerand proportional manner; stresses, in this connection, that the European Parliament has specific positions on its proper implementation;
Amendment 174 #
2022/2061(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that since the beginning of 2022, the Common Equity Tier 1 ratio of SSM banks has decreased to 14.96 % and the liquidity coverage ratio has also decreased to 164.36 %5; welcomes that the stock of non-performing loans in banks’ balance sheets has continued to decrease, although at different speeds and to different extents from one Member State to another; underlines that banks should keep sufficient capital and liquid assets on hand to cope with the economic repercussions of the Russian war; _________________ 5 ECB, ‘Publication of supervisory data’, accessed 15 December 2022.
Amendment 197 #
2022/2061(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that banks’ exposures to domestic sovereign debt remain high, although the picture looks very different from one Member State to another; recalls that one of the main objectives of the BU is to break the link between bank and sovereign risks;
Amendment 237 #
2022/2061(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that crypto-assets create new challenges for bank, particularly cryptocurrencies, create new challenges for banks; believes that banks should seize the opportunities created by the decentralisation of the financial sector, within a legislative and regulatory framework that should provide stability, security and legal certainty for all market participants; welcomes the forthcoming adoption of the regulation on markets in Crypto-assets in this regard;
Amendment 285 #
2022/2061(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Regrets that the BU is still incomplete owing to the absence of an EDIS; recognises that the EDIS would improve protection for depositors in the EU; recalls that the EDIS is the most tangible element of the BU for EU citizens; considers that the EDIS would provide an additional safeguard to host Member States and could therefore contribute to addressing home/host issues; points out that the European Parliament has a clear mandate to negotiate the EDIS and is ready to resume work to conclude it as soon as possible;
Amendment 11 #
2022/2060(INI)
Motion for a resolution
Recital B
Recital B
B. whereas competition policy should aim to support the European Green Deal; primarily to promote the proper functioning of the internal market while safeguarding fair, effective competition among market players and avoiding restrictions or distortions; whereas competition policy should also include a component to support the Union’s strategic objectives, including those related to the European Green Deal and the digital transition, among others;
Amendment 19 #
2022/2060(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas competition policy should be based on principles of security and legal certainty, predictability and proportionality; whereas exceptional economic circumstances justify temporary, more flexible regimes that are designed with a high degree of respect for the integrity of the internal market;
Amendment 257 #
2022/2060(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Deplores the distortive effects ofn fair competition that result from aggressive tax planning on fair competitionpractices; calls for companies that usehave been proven to use tax avoidance mechanisms through legal schemes in third- country tax havenies on the EU list of non-cooperative jurisdictions for tax purposes to be excluded from receiving State aid;
Amendment 263 #
2022/2060(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes that good use of tax benefits, such as exemptions or relief, provided that they are in line with European legislation on competition policy, is positive for promoting the integrity of the internal market and for defending free, effective and real competition; understands, however, the need for competent supervision of their use by Member States, with due regard for the competences set out in the Treaties;
Amendment 281 #
2022/2060(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that Parliament should be adequately involved in shaping competition policy; considers that more frequent use should be made of Parliament’s right to intervene in judicial proceedings concerning competition law, in both the legislative dimension and in scrutinising the Commission’s action; calls on the Commission to enter into negotiations for an interinstitutional agreement on competition policy;
Amendment 11 #
2022/2051(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Insists on more democratic legitimacy, accountability and scrutiny of the Union economic policies; stresses for the framework, institutions and tools for EU economic governance to be under the Community method; calls for any Treaty revision to grant the Parliament its role as co-legislator and democratic oversight in these polici and governance framework; considers that any broadening of the set of EU competences in this area must be accompanied by a correspondent broadening of the Parliament's rights and competences;
Amendment 38 #
2022/2051(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the economic governance to be redesigned taking into account lessons learned from the European response to economic shocks, namely solutions like the NGEU and SURE processes;
Amendment 49 #
2022/2051(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges thatRecalls that the European Central Bank is independent when exercising the powers and carrying out the tasks and duties conferred by the Treaties; Notes that the European Central Bank mandate and primary objective is to maintain price stability; underlines that these two dimensions are enshrined in the treaties and must be respected; calls, nevertheless, for a clarification on the framework of the ECB’s accountability to the Parliament, that must be improved; Calls forconsiders that a more comprehensive definition of the concept of price stability and the ways to achieve itwould be useful and a structured debate on the ways to achieve it must be opened, in strict cooperation with the ECB;
Amendment 64 #
2022/2051(INL)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 79 #
2022/2051(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 93 #
2022/2051(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the new challenges for the Union’s competition policy, which require that thecould justify Treaty be amendedments to align it with the goals of the Green Deal and the pEuropean Pillar of sSocial rRights and; to support the Union´s strategic autonomy in key sectors; and to strengthen the policy tools supporting the digital transition;
Amendment 97 #
2022/2051(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Insists that the Euro is currently the single currency of the Euro Area, but must be considered as the currency of the European Union; the ECB must observe it's mandate and defend, preserve and improve the value of the Euro; this effort must be aligned with the support to the general economic policies in the Union, contributing therefore to the achievement of the objectives laid down in article 3 of the TEU; the enlargement of the Euro to all 27 Member States must be a permanent goal, to be achieved with a realistic, proportionate and responsible calendar, safeguarding the stability and competitiveness of the Euro Area;
Amendment 98 #
2022/2051(INL)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. The transference of competences in the framework of economic governance, when justified, must be limited to the areas related to the safeguard of the integrity of our single market, stability of the Euro Area and preservation of fair and loyal competition; budgetary policies remain at the core of national sovereignty, but must be aligned with the main goals of the economic governance framework, through the current coordination instruments; a high level of flexibility, accountability and commitment must be guaranteed in the framework of the economic governance instruments;
Amendment 99 #
2022/2051(INL)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. The principle of intergenerational solidarity must be enshrined in the treaties in order to set, as an European objective in the area of economic governance, the goal to preserve our economies competitiveness, sustainable levels of public debt, and responsibility in the budgetary policies; this principle must lead the Union to stand for clear national strategies to guarantee the sustainability of public finances and the quality of public services;
Amendment 24 #
2022/2037(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Russia’s unprovoked, immoral and unjustified aggression against Ukraine, which is illegal from the point of view of international law, has severely hit confidence, caused energy and food prices to soar and, in conjunction with other supply-side disruptions in China, compounded existing supply chain pressures that had been felt since mid- 2021;
Amendment 46 #
2022/2037(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Banking Union, in which the European Central Bank has an integral and leading role, will not be complete until the establishment of a European Deposit Insurance Scheme;
Amendment 55 #
2022/2037(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is deeply concerned by the unprovoked, immoral and unjustified Russian invasion of Ukraine and by its repercussions for the European economy, which is illegal from the point of view of international law, and by its repercussions for the European economy, for instance disruption to supply chains and the inflationary spiral;
Amendment 107 #
2022/2037(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Echoes President Lagarde’s call for a swift revision and simplification of the Stability and Growth Pact, making the most of the justified extension of the general escape clause as a window of opportunity for a lively, structured, in- depth debate about economic governance in the euro area;
Amendment 109 #
2022/2037(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises, regarding the necessary revision of the Growth and Stability Pact, the need to provide considerable flexibility for the adoption of economic policies appropriate for dealing with extraordinary situations – such as public health crises and conflicts in border areas – balanced with strict standards for meeting long-term economic objectives, such as the progressive and structural reduction of public debt based on a principle of intergenerational solidarity;
Amendment 191 #
2022/2037(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls the need to hold further debate about the digital euro and take real steps towards implementing a central bank digital currency, drawing on the opportunities offered by the smart, responsible use of new technologies;
Amendment 13 #
2022/2006(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Semester, which started with the Annual Sustainable Growth Survey, is an important policy coordination instrument in the economic and fiscal field, and should, first and foremost, focus on these key dimensions of European economic and monetary integration; whereas, however, the European Pillar of Social Rights should be fully integrated in this process; whereas this process should also not ignore the objectives of the European Green Deal; whereas integration of the European Pillar of Social Rights and coherence with environmental policy should not detract from the mainly economic and fiscal nature of this European instrument;
Amendment 16 #
2022/2006(INI)
Motion for a resolution
Recital B
Recital B
B. whereas according to the Commission’s autumn economic forecast, the GDP growth rate for 2022 is expected to be 4.3 % of GDP per capita for both the euro area and the EU-27, but is expected to fall to 2.4 % and 2.5 % respectively in 2023; whereas it is therefore vital to adopt economic and fiscal policies that will mitigate the predicted economic slowdown and that will encourage higher growth rates in line with the global economic recovery;
Amendment 19 #
2022/2006(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, given that the forecast growth rates for the EU and euro area in 2022 and 2023 are lower than the predicted global economic growth in GDP, Member States should adopt an ambitious approach when designing their national reform programmes for economic policy and their stability or convergence programmes for fiscal policy, as should the EU when producing country-specific recommendations; whereas, therefore, the EU (and the euro area in particular) should ideally, as a minimum, monitor global growth rates, which should include carefully assessing the gradual removal of public policy stimuli for growth, in line with the practice of other countries or economic cooperation areas;
Amendment 23 #
2022/2006(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas disparities in GDP growth among the Member States point to very different structural economic situations across the EU27, which should be taken into account in the European Semester process and, in particular, in the development of national and European instruments as part of the process; whereas, therefore, the process should take account of good examples of public policy (both economic and fiscal) of those Member States that exceed the average growth rates to a greater or lesser extent;
Amendment 42 #
2022/2006(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the post-pandemic economic recovery requires the fast and, efficient and transparent implementation of the Recovery and Resilience Facility (RRF); whereas all national recovery and resilience plans should address each of the six pillars and the general and specific objectives of the RRF Regulation and respect its horizontal principles; whereas the Member States should therefore focus their efforts on implementing national plans that promote competitiveness, resilience and adaptation of the European economies to the challenges of the green and digital transitions; whereas funding should thus be targeted at the economies, and Member States should avoid using all or most of the funds for bureaucratic or administrative costs; whereas national plans should be fully consistent and mutually efficient with programmes implementing the multiannual financial framework (MFF);
Amendment 101 #
2022/2006(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that the successful roll- outrapid, efficient, transparent and successful implementation of the RRF will help to make EU economies and societies more sustainable, inclusive, resilient and better prepared for the green and digital transitions;
Amendment 114 #
2022/2006(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that applying the general escape clause in the Stability and Growth Pact (SGP) cannot, under any circumstances, avoid the need for responsible economic policies and balanced fiscal policies, and stresses that SGP flexibility mechanisms should thus be discussed in relation to the necessary reform of the European fiscal framework;
Amendment 126 #
2022/2006(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the review of the EU’s economic governance framework is necessary; agrees with the European Fiscal Board on the importance of having a clear pathway towards a reviewed fiscal framework, preferablywhich must be defined prior to the deactivation of the general escape clause;
Amendment 127 #
2022/2006(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that reform of the European fiscal framework should be swift, fully transparent, targeted at dimensions that are key to sustainably correcting the macroeconomic imbalances, and based on both a thorough assessment of experience gained from applying the current rules and the specific economic and fiscal situation in each of the 27 Member States; notes that it should also fully involve the European Parliament to guarantee the democratic legitimacy of the European Semester process and instruments;
Amendment 137 #
2022/2006(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is convinced that the coordination of national fiscal policies remains crucial in underpinning the recovery; notes that the overall fiscal stance, taking into account national budgets and the RRF, is projected to remain supportive in 2022 to sustain the recovery; agrees with the Commission that Member States with low or medium levels of debt should pursue or maintain a supportive fiscal stance, and that Member States with high levels of debt should use the RRF to finance additional investment to support the recovery, while pursuing a prudent fiscal policy that does not, however, prevent the public investment needed to fund sectors that are strategic for the recovery and resilience of European economies and societies; agrees with the Commission that all Member States should preserve or broadly preserve their national financed investment;
Amendment 233 #
2022/2006(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses concern about public debt levels, both in absolute values and in terms of their relationship to GDP, in various Member States, which face a key macroeconomic challenge concerning the sustainability of their debt, emphasising the importance of sustained debt reduction strategies in a scenario of inflationary pressure on interest rates and gradual withdrawal of monetary stimuli;
Amendment 236 #
2022/2006(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Emphasises that failing to make reforms in the context of the favourable financial framework resulting from the application of the RRF and the implementation of the MFF will not only prolong structural weaknesses in national economies and societies, but will in fact worsen them, both in terms of the quality of services provided to the public (by governments) and promotion of the competitiveness of EU economies; urges the Member States to take advantage of all the opportunities offered by the RRF, combined with the application of the general escape clause in the SGP and the monetary stimuli provided by the European Central Bank, to make strategic reforms in order to protect the rights of citizens, provide quality services and create an environment conducive to investment and work by our businesses (particularly SMEs), notably in the areas of health, education, justice and social security;
Amendment 71 #
2022/0413(CNS)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The European Parliament has called for a more ambitious approach on the system and infrastructure of exchange of information in the field of taxation, notably through its several opinions on the revisions of the Directive on Administrative Cooperation (DAC) and an Implementation Report.
Amendment 77 #
2022/0413(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) Regulation XXX on Markets in Crypto-assets(EU) 2023/… of the European Parliament and of the Council26 (the Regulation XXX) on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 on Markets in Crypto-assets has expanded the Union regulatory perimeter to issues of crypto- assets that had so far not been regulated by Union financial services acts as well as providers of services in relation to such crypto-assets (‘crypto-asset service providers’). TheSuch Regulation XXX sets out definitions that are used for the purposes of this Directive. This Directive also takes into account the authorisation requirement for crypto-asset service providers under such Regulation XXX in order to minimise administrative burden for the crypto-asset service providers. The inherent cross- border nature of crypto- assets requires strong international administrative cooperation to ensure effective regulation. __________________ 26It is essential to guarantee systematic coherence in the European legislation regarding the regulation of crypto assets. To that end, the Regulation (EU) 2023/… of the European Parliament and of the Council on information accompanying transfers of funds and certain crypto- assets and amending Directive (EU) 2015/849 is also considered in this DAC revision.
Amendment 78 #
2022/0413(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) The Union’s Anti-Money Laundering/Countering the Financing of Terrorism framework (AML/CFT) extends the scope of obliged entities subject to AML/CFT rules, to crypto-asset service providers regulated by Regulation XXX. In addition, the Regulation XXX27(EU) 2023/… of the European Parliament and of the Council on markets in crypto- assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 . In addition, the Regulation (EU) 2023/… of the European Parliament and of the Council on information accompanying transfers of funds and certain crypto-assets and amending Directive (EU) 2015/849 extends the obligation of payment service providers to accompany transfers of funds with information on the payer and payee to crypto-assets services providers to ensure the traceability of transfers of crypto-assets for purpose of fighting against money laundering and terrorism financing. __________________ 27
Amendment 85 #
2022/0413(CNS)
Proposal for a directive
Recital 14
Recital 14
(14) The Directive applies to crypto- assets service providers regulated by and authorised under Regulation XXX(EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 and to crypto-asset operators that are not. Both are referred to as reporting crypto-asset service providers as they are required to report under this Directive. The general understanding of what constitutes crypto- assets is very broad and includes those crypto-assets that have been issued in a decentralised manner, as well as stablecoins, and certain non-fungible tokens (NFTs). Crypto-assets that are used for payment or investment purposes are reportable under this Directive. Therefore, reporting crypto-asset service providers should consider on a case-by-case basis whether crypto-assets can be used for payment and investment purposes, taking into account the exemptions provided in Regulation XXX, in particular in relation to a limited network and certain utility tokens..
Amendment 88 #
2022/0413(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) Crypto-asset service providers covered by Regulation XXX(EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 may exercise their activity in the Union through passporting once they have received their authorisation in a Member State. For these purposes, ESMA holds a register with authorised crypto- asset service providers. Additionally, ESMA also maintains a blacklist of operators exercising crypto- asset services that require an authorisation under Regulation XXX(EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937.
Amendment 91 #
2022/0413(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) In order to foster administrative cooperation in this field with non-Union jurisdictions, crypto-asset operators that are situated in non-Union jurisdictions and provide services to EU crypto-asset users, such as NFT service-providers or operators providing services on a reverse- solicitation basis, should be allowed to solely report information on crypto-asset users resident in the Union to the tax authorities of a non- Union jurisdiction insofar as the reported information is correspondent to the information set out in this Directive and insofar as there is an effective exchange of information between the non-Union jurisdiction and a Member State. Crypto- asset service providers authorised under Regulation XXX(EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 could be exempt from reporting such information in the Member States where it is holding the authorisation if the correspondent reporting takes place in a non-Union Jurisdiction and insofar as there is an effective qualifying competent authority agreement in place. The qualified non-Union jurisdiction would in turn communicate such information to the tax administrations of those Member States where crypto-asset users are resident. Where appropriate, that mechanism should be enabled to prevent correspondent information from being reported and transmitted more than once.
Amendment 92 #
2022/0413(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) This Directive does not substitute any wider obligations arising from Regulation XXX(EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 or from Regulation (EU) 2023/… of the European Parliament and of the Council on information accompanying transfers of funds and certain crypto-assets and amending Directive (EU) 2015/849.
Amendment 93 #
2022/0413(CNS)
Proposal for a directive
Recital 24
Recital 24
(24) In order to foster convergence and promote consistent supervision with regard to Regulation XXX(EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 , national competent authorities should cooperate with other national competent authorities or institutions and share relevant information, in an effective and loyal way.
Amendment 96 #
2022/0413(CNS)
Proposal for a directive
Recital 27
Recital 27
(27) E-money products, as defined by Directive 2009/110/EU of the European Parliament and of the Council31 are frequently used in the Union and the volume of transactions, and their combined value increases steadily. E-money products are however not explicitly covered by Directive 2011/16/EU. Member States adopt diverse approaches to e-money. As a result, related products are not always covered by the existing categories of income and capital of Directive 2011/16/EU. Rules should therefore be introduced ensuring that reporting obligations apply to e-money and e-money tokens under Regulation XXX(EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937. __________________ 31 Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).
Amendment 110 #
2022/0413(CNS)
Proposal for a directive
Recital 38
Recital 38
(38) The minimum retention period of records of information obtained through exchange of information between Member States pursuant to Directive 2011/16/EU should be no longer than necessary but, in any event, not shorter than 53 years. Member States should not retain information longer than necessary to achieve the purposes of this Directive.
Amendment 114 #
2022/0413(CNS)
Proposal for a directive
Recital 40
Recital 40
(40) To guarantee an adequate level of effectiveness in all Member States, minimum levels ofeffective, proportionate and dissuasive penalties should be established in relation to two conducts that are considered grievous: namely failure to report after two administrative reminders and when the provided information contains incomplete, incorrect or false data, which substantially affects the integrity and reliability of the reported information. Incomplete, incorrect or false data substantially affect the integrity and reliability of the reported information when they amount to more than 250 % of the total data that the taxpayer or reporting entity should have correctly reported in accordance with the required information set forth in Annex VI, Section II, subparagraph (B). These minimum amounts of penalties should not prevent Member States from applying more stringent sanctions for these two types of infringements. Member States still have to apply effective, dissuasive and proportional penalties for other types of infringements.
Amendment 117 #
2022/0413(CNS)
Proposal for a directive
Recital 41
Recital 41
Amendment 124 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2011/16/EU
Article 3 – point 28
Article 3 – point 28
28. ‘high net worth individual’ means an individual that holds in total a minimum of EUR 1 0500 000 in financial or investable wealth or assets under management, excluding that individual’s main private residence. For the purposes of this Directive, an individual shall be considered as a high net worth individual when that minimum threshold is met at any time during the calendar year for which the exchange takes place.
Amendment 126 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2011/16/EU
Article 3 – point 33
Article 3 – point 33
33. ‘home Member State’ means home Member State as defined in Regulation XXX[please insert reference - Article 3 - paragraph 1 - point 33 of Regulation (EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937].
Amendment 127 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2011/16/EU
Article 3 – point 34
Article 3 – point 34
34. ‘distributed ledger address’ means distributed ledger address as defined in Regulation XXX[please insert reference - Article 3 - paragraph 1 - point 18 of Regulation (EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937].
Amendment 153 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2011/16/EU
Article 8ab – paragraph 5
Article 8ab – paragraph 5
(3a) In article 8ab, paragraph 5 is replaced by the following: "5. Each Member State may take the necessary measures to give intermediaries the right to a waiver from filing information on a reportable cross-border arrangement where the reporting obligation would breach the legal professional privilege under the national law of that Member State. In such circumstances, each Member State shall take the necessary measures to require intermediaries to notify, without delay, any other intermediary or, if there is no such intermediary, the relevant taxpayer of their reporting obligations under paragraph 6. Intermediaries may only be entitled to a waiver under the first subparagraph to the extent that they operate within the limits of the relevant national laws that define their professions. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02011L0016-20230101)
Amendment 157 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 8ad – paragraph 1
Article 8ad – paragraph 1
1. Each Member State shall take the necessaryadequate measures to require Reporting Crypto-Asset Service Providers to carry out the due diligence procedures and fulfil reporting requirements laid down in Sections II and III of Annex VI. Each Member State shall also ensure the effective implementation of, and compliance with, such measures in accordance with Section V of Annex VI.
Amendment 159 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 8ad – paragraph 3 – point i
Article 8ad – paragraph 3 – point i
(i) the aggregate fair market value, as well as the number of units value of Transfers effectuated by the Reporting Crypto-Asset Service Provider to distributed ledger addresses as defined in Regulation XXX not known to be associated with a virtual asset service provider or financial institution.[please insert reference - Article 3 - paragraph 1 - point 20 of Regulation (EU) 2023/… of the European Parliament and of the Council on information accompanying transfers of funds and certain crypto-assets and amending Directive (EU) 2015/849]
Amendment 162 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
5. The communication pursuant to paragraph 3 of this Article shall take place using the standard computerised format referred to in Article 20(5) within 23 months following the end of the calendar year to which the reporting requirements applicable to Reporting Crypto-Asset Service Providers relate. The first information shall be communicated for the relevant calendar year or other appropriate reporting period as from 1 January 2027.
Amendment 166 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 8ad – paragraph 7 – subparagraph 1
Article 8ad – paragraph 7 – subparagraph 1
For the purpose of complying with the reporting requirements referred to in paragraph 1 of this Article, each Member State shall lay down the necessaryadequate rules to require a Crypto-Asset Operator to register within the Union. The competent authority of the Member State of registration shall allocate an individual identification number to such Crypto-Asset Operator.
Amendment 171 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 8ad – paragraph 11 – subparagraph 1
Article 8ad – paragraph 11 – subparagraph 1
The Commission shall, by means of implementing acts, following a reasoned request by any Member State or on its own initiative, determine whether the information that is required to be automatically exchanged pursuant to an agreement between competent authorities of the Member State concerned and a non- Union jurisdiction is correspondent to that specified in Section II, paragraph B, of Annex VI, within the meaning of Section IV, subparagraph F(5), of Annex VI. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 26(2), without undue delay.
Amendment 173 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 8ad – paragraph 12
Article 8ad – paragraph 12
Amendment 177 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2011/16/EU
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
With the permission of the competent authority of the Member State communicating information pursuant to this Directive, and only in so far as this is allowed under the legislation of the Member State of the competent authority receiving the information, information and documents received pursuant to this Directive may be used for other purposes than those referred to in paragraph 1. Such permission shall be granted if the information can be used for similar purposes in the Member State of the competent authority communicating the information.
Amendment 189 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2011/16/EU
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shall retain the records of the information received through automatic exchange of information pursuant to Articles 8 to 8ad for no longer than necessary but in any event not shorter than 53 years from its date of receipt to achieve the purposes of this Directive.
Amendment 206 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 2 – subparagraph 2 – point c
Article 25a – paragraph 2 – subparagraph 2 – point c
Amendment 209 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 3 – subparagraph 1
Article 25a – paragraph 3 – subparagraph 1
In cases of failure to report after 2 administrative reminders or when the provided information contains incomplete, incorrect or false data, amounting to more than 250 % of the information that should have been reported in accordance with the information set forth in Annex VI, Section II, subparagraph (B), Member States shall ensure that the penalties that can be applied include at least the following minimum pecuniary penaltiesare swiftly applied. Member States shall apply effective, proportionate and dissuasive pecuniary penalties, determined at national level.
Amendment 212 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 3 – subparagraph 1 – point a
Article 25a – paragraph 3 – subparagraph 1 – point a
Amendment 213 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 3 – subparagraph 1 – point b
Article 25a – paragraph 3 – subparagraph 1 – point b
Amendment 214 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Amendment 215 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 3 – subparagraph 1 – point d
Article 25a – paragraph 3 – subparagraph 1 – point d
Amendment 216 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 3 – subparagraph 1 – point e
Article 25a – paragraph 3 – subparagraph 1 – point e
Amendment 219 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 3 – subparagraph 2
Article 25a – paragraph 3 – subparagraph 2
Amendment 222 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 3 – subparagraph 3
Article 25a – paragraph 3 – subparagraph 3
Amendment 223 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 3 – subparagraph 4
Article 25a – paragraph 3 – subparagraph 4
Amendment 226 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 4
Article 25a – paragraph 4
4. Member States shall indicate whether penalties stipulated in national legislation are applied by reference to individual cases of infringement or on a cumulative basis. The minimum penalties stipulated in subparagraph (3) shall be applied on a cumulative basis.
Amendment 234 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2011/16/EU
Article 27c – paragraph 1
Article 27c – paragraph 1
For taxable periods starting on or after 1 January 20268, Member States shall ensure that the TIN of reported individuals or entities issued by the Member State of residence is included in the communication of the information referred to in Article 8(1) and (3a), Article 8a(6), Article 8aa(3), Article 8ab(14), Article 8ac(2) and Article 8ad(3). The TIN shallmay be provided even when it is not specifically required by those Articles.
Amendment 236 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2011/16/EU
Article 27c – paragraph 2
Article 27c – paragraph 2
Amendment 240 #
2022/0413(CNS)
Proposal for a directive
Annex I – paragraph 1 – point 4 – point b
Annex I – paragraph 1 – point 4 – point b
Directive 2011/16/EU
Annex I – Section VIII – point A – subparagraph 10
Annex I – Section VIII – point A – subparagraph 10
10. The term ‘Electronic Money Token‘ or ‘E-money Token’ means Electronic Money Token or E-money Token as defined in Regulation XXX.[please insert reference - Article 3 - paragraph 1 - point 7 of Regulation (EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937]
Amendment 241 #
2022/0413(CNS)
Proposal for a directive
Annex I – paragraph 1 – point 4 – point b
Annex I – paragraph 1 – point 4 – point b
Directive 2011/16/EU
Annex I – Section VIII – point A – subparagraph 13
Annex I – Section VIII – point A – subparagraph 13
13. The term ‘Crypto-Asset’ means Crypto-Asset as defined in Regulation XXX.[please insert reference - Article 3 - paragraph 1 - point 5 of Regulation (EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937]
Amendment 242 #
2022/0413(CNS)
Proposal for a directive
Annex I – paragraph 1 – point 5
Annex I – paragraph 1 – point 5
Directive 2011/16/EU
Annex I – Section IX – paragraph 2
Annex I – Section IX – paragraph 2
Records referred to in point (2) of this subparagraph shall remain available not longer than necessary but in any event not shorter than 53 years to achieve the purposes of this Directive;
Amendment 244 #
2022/0413(CNS)
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section I – point A – subparagraph 1
Annex VI – Section I – point A – subparagraph 1
1. an Entity authorised under Regulation XX; [please insert reference - Regulation (EU) 2023/… of the European Parliament and of the Council on markets in crypto- assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937]
Amendment 245 #
2022/0413(CNS)
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section II – point B – subparagraph 3 – point i
Annex VI – Section II – point B – subparagraph 3 – point i
(i) the aggregate fair market value, as well as the aggregate number of units of Transfers effectuated by the Reporting Crypto-Asset Service Provider to distributed ledger addresses not known to be associated with a virtual asset service providdefined in [please insert reference - Article 3 - paragraph 1 - point 20 of Regulation (EU) 2023/… of the European Parliament and of the Council on information accompanying transfers orf financial institution.unds and certain crypto-assets and amending Directive (EU) 2015/849]
Amendment 248 #
2022/0413(CNS)
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section IV – point A – subparagraph 1
Annex VI – Section IV – point A – subparagraph 1
1. ‘Crypto-Asset’ means Crypto-Asset as defined in Regulation XXX.[please insert reference - Article 3 - paragraph 1 - point 5 of Regulation (EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937]
Amendment 251 #
2022/0413(CNS)
Proposal for a directive
Annex III
Annex III
6. ‘Electronic Money Token‘ or ‘E- money Token’ means Electronic Money Token or E-money Token as defined in Regulation XXX.[please insert reference - Article 3 - paragraph 1 - point 7 of Regulation (EU) 2023/… of the European Parliament and of the Council on markets in crypto- assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937]
Amendment 252 #
2022/0413(CNS)
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section IV – point A – subparagraph 7
Annex VI – Section IV – point A – subparagraph 7
7. ‘Distributed Ledger Technology (DLT)’ means Distributed Ledger Technology or DLT as defined in Regulation XXX.[please insert reference - Article 3 - paragraph 1 - point 1 of Regulation (EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937]
Amendment 253 #
2022/0413(CNS)
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section IV – point B – subparagraph 1
Annex VI – Section IV – point B – subparagraph 1
1. ‘Crypto-Asset Service Provider’ means Crypto-Asset Service Provider as defined in Regulation XXX.[please insert reference - Article 3 - paragraph 1 - point 15 of Regulation (EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937]
Amendment 255 #
2022/0413(CNS)
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section IV – point B – point 4
Annex VI – Section IV – point B – point 4
4. ‘Crypto-Asset Services’ means Crypto-Asset Services as defined in Regulation XXX including staking and lending.[please insert reference - Article 3 - paragraph 1 - point 16 of Regulation (EU) 2023/… of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937]
Amendment 258 #
2022/0413(CNS)
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section V – point A – point 2
Annex VI – Section V – point A – point 2
2. Where a Crypto-Asset User does not provide the information required under Section III after two reminders following the initial request by the Reporting Crypto- Asset Service Provider, but not prior to the expiration of 690 days, the Reporting Crypto-Asset Service Providers shall prevent the Crypto-Asset User from performing Exchange Transactions. ; such limitation must be immediately lifted after the information required is provided by the Crypto-Asset User.
Amendment 259 #
2022/0413(CNS)
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section V – point B – point 1
Annex VI – Section V – point B – point 1
1. Member States shall take the necessary measures to require Reporting Crypto-Asset Service Providers to keep records of the steps undertaken and any information relied upon for the performance of the reporting requirements and due diligence procedures set out in Sections II and III. Such records shall remain available for a sufficiently long period of time and in any event for a period of not less than 53 years but not more than 105 years following the end of the Reporting Period to which they relate.
Amendment 260 #
2022/0413(CNS)
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section V – point E
Annex VI – Section V – point E
The home Member State providing authorisation to Crypto-Asset Service Providers according to Regulation XXX (EU) 2023/… of the European Parliament and of the Council on markets in crypto- assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 shall communicate on a regular basis and at the latest before 31 December to the competent authority a list of all authorised Crypto-Asset Service Providers.
Amendment 47 #
2022/0409(CNS)
Proposal for a regulation
Recital 3
Recital 3
(3) The existing cooperation between Member States’ tax authorities is based on exchanging aggregated information between national electronic systems. The introduction of DRR aims to increase the effectiveness of tax collection procedures by providing transaction-by- transaction data to tax administrations in a timely manner. To make those data available to other tax administrations in an efficient manner, and to facilitate a common implementation of analysis and crosschecks, as well as a common interpretation of those analyses and crosschecks, a central system where VAT relevant information is shared is necessary.
Amendment 49 #
2022/0409(CNS)
Proposal for a regulation
Recital 5
Recital 5
(5) The VAT identification information of taxable persons making intra- Community transactions should be automatically updated in the central VIES without undue delay whenever identification information changes, except where Member States agree that such update is not pertinent, essential or useful. Such updates are necessary because the validity of the VAT identification numbers of taxable persons is subject to verification as regards the condition for exempting intra- Community supplies provided for in Article 138 of Directive 2006/112/EC. To provide a reasonable level of assurance to tax administrations with regard to the quality and reliability of such information, information on intra-Community transactions should be automatically updated in the central VIES no later than 13 days after the Member State received the information from the taxable person.
Amendment 52 #
2022/0409(CNS)
Proposal for a regulation
Recital 12
Recital 12
(12) Access to the information in the central VIES should be provided to national tax authorities on a need-to-know basis. That information should not be used for other purposes than to monitor the correct application of VAT and combat VAT fraud. All users should be bound by the confidentiality rules laid down in this Regulation. The exchange of information procedures and the access to data must be pursued in full compliance with the EU legal framework on data protection.
Amendment 63 #
2022/0409(CNS)
Proposal for a regulation
Article 1 – title
Article 1 – title
Amendments to Regulation (EU) No 904/2010 applicable from 1 January 20256
Amendment 74 #
2022/0409(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 904/2010
Article 47b – paragraph 3
Article 47b – paragraph 3
3. Where a taxable person making use of one of the special schemes laid down in Title XII, Chapter 6, Sections 2, 3 and 5, of Directive 2006/112/EC is excluded from that special scheme, the Member State of identification shall inform the competent authorities of the other Member States thereof by electronic means and without delay.t the earliest and, in any case, before the 10th day of the following month;
Amendment 75 #
2022/0409(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 904/2010
Article 47d – paragraph 2
Article 47d – paragraph 2
2. The Member State of identification shall transmit the information referred to in paragraph 1 by electronic means to the competent authority of the Member State of consumption or the Member States from and to which the goods have been dispatched or transported at the latest 210 days after the end of the month during which the return was required to be submitted.;
Amendment 76 #
2022/0409(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) No 904/2010
Article 47i – paragraph 5
Article 47i – paragraph 5
5. Where the requesting Member State of consumption or Member State from or to which the goods have been dispatched or transported does not receive the records within 30 days of the date of the making of the request, that Member State may take anythe necessary and reasonable administrative actions in accordance with its national legislation to obtain such records.;
Amendment 77 #
2022/0409(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) No 904/2010
Article 47j – paragraph 2
Article 47j – paragraph 2
2. Without prejudice to Article 7(4), if the Member State of consumption or the Member State from or to which the goods have been dispatched or transported decides that an administrative enquiry is required, it shall first consult with the Member State of identification on the need for such an enquiry., that must be performed in full respect of the legal framework of the Member States involved;
Amendment 79 #
2022/0409(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 904/2010
Article 47la – paragraph 5
Article 47la – paragraph 5
5. Where the requesting Member State in which those supplies are taxable does not receive the records within 30 days of the date of the making of the request, that Member State may take anythe necessary and reasonable administrative actions in accordance with its national legislation to obtain such records.
Amendment 80 #
2022/0409(CNS)
Proposal for a regulation
Article 2 – title
Article 2 – title
Amendments to Regulation (EU) No 904/2010 applicable from 1 January 20267
Amendment 81 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendments to Regulation (EU) No 904/2010 applicable from 1 January 20289
Amendment 84 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24g – paragraph 1 a (new)
Article 24g – paragraph 1 a (new)
1a. The central VIES must be installed recurring to the most suitable technology available to guarantee citizens rights, as taxpayers, namely the right to privacy, data protection and professional, industrial or commercial secrecy; the Commission must regularly assess the effectiveness of the central VIES and evaluate the added value of the use of new technologies, in full cooperation with national tax authorities.
Amendment 85 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24g – paragraph 2 – introductory part
Article 24g – paragraph 2 – introductory part
Each Member State shall develop, maintain, host and technically manage, with technical support from the Commission, a national electronic system to automatically transmit the following information to the central VIES:
Amendment 86 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24g – paragraph 3 a (new)
Article 24g – paragraph 3 a (new)
3a. The central VIES must be fully operational by 1 January 2029; the Commission must support national tax authorities with financial and human resources and technical advise in order to guarantee that national electronic systems are fully operational by 1 January 2030; a transitional period must be defined until 1 January 2030 to assess the effectiveness of the system and the exchange of information procedures.
Amendment 87 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24h – paragraph 1 – subparagraph 2
Article 24h – paragraph 1 – subparagraph 2
Amendment 88 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24h – paragraph 4 – subparagraph 1
Article 24h – paragraph 4 – subparagraph 1
Member States shall enter the information referred to in Article 24g(2) into the central VIES without undue delay.
Amendment 89 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24h – paragraph 4 – subparagraph 2
Article 24h – paragraph 4 – subparagraph 2
Amendment 90 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24h – paragraph 5
Article 24h – paragraph 5
5. By way of derogation from paragraph 4 of the Article, tThe information referred to in Article 24g(2), point (a), shall be entered into the central VIES no later than onthree days after the collection of the information submitted by the taxable person to the competent authorities; any delay on the insertion of such data must be justified by the Member State.
Amendment 94 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24i – paragraph 2
Article 24i – paragraph 2
Amendment 95 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24j – paragraph 1 – point a
Article 24j – paragraph 1 – point a
(a) to store the information referred to in points (b), (c) and (d) of this Article and Article 24g(2) of this Regulation , in a secure, resilient and reliable infrastructure;
Amendment 96 #
2022/0409(CNS)
(c) to aggregate information in respect of persons to whom a VAT identification number was issued and collected pursuant to Article 213 of Directive 2006/112/EC and make the following details accessible to the officials or electronic systems referred to in Article 24k, in a secure and confidential system:
Amendment 97 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24j – paragraph 1 – point e
Article 24j – paragraph 1 – point e
(e) to make the information referred to in Article 24g(2) and in points (b), (c) and (d) of this Article accessible to the officials or electronic systems referred to in Article 24k, in a secure and confidential system.
Amendment 98 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24k – paragraph 1 – introductory part
Article 24k – paragraph 1 – introductory part
1. Each Member State shall grant automated access, in a secure and confidential system, to the central VIES to:
Amendment 101 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24k – paragraph 2 – introductory part
Article 24k – paragraph 2 – introductory part
2. Each Member State shall grant automated access to the central VIES, in a secure and confidential system to:
Amendment 104 #
2022/0409(CNS)
Proposal for a regulation
Article 4 – title
Article 4 – title
Amendments to Regulation (EU) 904/2010 applicable from 1 January 20301
Amendment 105 #
2022/0409(CNS)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Article 1, shall apply from 1 January 20256.
Amendment 106 #
2022/0409(CNS)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Article 2 shall apply from 1 January 20267.
Amendment 107 #
2022/0409(CNS)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Article 3 shall apply from 1 January 20289.
Amendment 108 #
2022/0409(CNS)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Article 4 shall apply from 1 January 20301.
Amendment 92 #
2022/0407(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) The VAT reporting obligations should be adapted to address the challenges of the platform economy and, to reduce the need for multiple VAT registrations in the Union and to significantly reduce compliance costs for taxpayers, namely SMEs.
Amendment 95 #
2022/0407(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) VAT revenue loss, known as the ‘VAT Gap’, was in 2020 estimated at EUR 93 billion61 in the Union, a significant part of which consists of fraud, in particular missing trader intra-Community fraud62 , estimated in the range of EUR 40-60 billion63 . In the final report of the Conference on the Future of Europe citizens call for ‘Harmonizing and coordinating tax policies within theThe VAT Gap values are significantly different among Member States of, the EU in order to prevent tax evasion and avoidance’, ‘Promoting cooperation between EU Member States to ensure that all companies in the EU pay their fair share of taxes’. The VAT in the Digital Age initiative is consistent with these goalsrefore it is important to enhance cooperation and coordination at the EU level. _________________ 61 The VAT Gap is the overall difference between the expected VAT revenue based on VAT legislation and ancillary regulations and the amount actually collected: https://ec.europa.eu/taxation_customs/busi ness/vat/vat-gap_en 62 Europol: https://www.europol.europa.eu/crime- areas-and-statistics/crime-areas/economic- crime/mtic-missing-trader-intra- community-fraud 63 European Court of Auditors: https://www.eca.europa.eu/Lists/ECADocu ments/SR15_24/SR_VAT_FRAUD_EN.pd f
Amendment 108 #
2022/0407(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) For the VAT reporting system to be implemented in an efficient manner, it is necessary that the information reaches the tax administration without delay. Therefore, the deadline for the issuance of an invoice for cross-border transactions should be set at 25 working days after the chargeable event has taken place.
Amendment 115 #
2022/0407(CNS)
Proposal for a directive
Recital 13
Recital 13
Amendment 118 #
2022/0407(CNS)
Proposal for a directive
Recital 14
Recital 14
(14) Placing an unnecessary administrative burden on taxable persons operating in different Member States should be avoided. Therefore, such taxable persons should be able to provide the requirednecessary information to their tax administrations using the European standard laid down in Commission Implementing Decision (EU) 2017/187065 , which fulfils the request laid down in Article 3(1) of Directive 2014/55/EU to create an European standard for the semantic data model of the core elements of an electronic invoice. Member States should be allowed to provide for additional methods to report the data that could be easier for certain taxable persons to comply with. _________________ 65 Commission Implementing Decision (EU) 2017/1870 of 16 October 2017 on the publication of the reference of the European standard on electronic invoicing and the list of its syntaxes pursuant to Directive 2014/55/EU of the European Parliament and of the Council (OJ L 266, 17.10.2017, p. 19).
Amendment 133 #
2022/0407(CNS)
Proposal for a directive
Recital 22
Recital 22
Amendment 136 #
2022/0407(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) It is therefore necessary to lay down rules to address thpossible distortions of competition in the short-term accommodation rental and passenger transport sectors by changing the role that platforms play in the collection of VAT (becoming the ‘deemed supplier’). Under this model, platforms should be required to charge VAT where VAT is due but the underlying supplier does not charge it because they are, for example, a natural person or a taxable person using the special scheme for small enterprises.
Amendment 156 #
2022/0407(CNS)
Proposal for a directive
Article 1 – title
Article 1 – title
Amendments to Directive 2006/112/EC with effect from 1 January 20245
Amendment 158 #
2022/0407(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2006/112/EC
Article 217
Article 217
For the purposes of this Directive, ‘electronic invoice’ shall means an invoice that contains the information required by this Directive, and which has been issued, transmitted and received in a structuredny electronic format which allows for its automatic and electronic processing.;.
Amendment 166 #
2022/0407(CNS)
Proposal for a directive
Article 2 – title
Article 2 – title
Amendments to Directive 2006/112/EC with effect from 1 January 20256
Amendment 173 #
2022/0407(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Directive 2006/112/EC
Article 28a – paragraph 1 a (new)
Article 28a – paragraph 1 a (new)
By way of derrogation, paragraph 1 shall not apply to passenger transport services or to the supply of short-term accommodation rental facilitated through the use of an electronic interface where a passenger transport service or a short- term accomodation rental provided by a person described in subparagraphs (a) - (f) not facilitated through the use of an electronic interface would not be subject to VAT.
Amendment 174 #
Amendment 185 #
2022/0407(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Directive 2006/112/EC
Article 194 – paragraph 2 a (new)
Article 194 – paragraph 2 a (new)
2a. Three years from the application of this article, the Commission shall assess the effectiveness of this provision and it´s added value on the combat on VAT faud, namely the "Missing Trader Fraud", duly informing the Council and the Parliament about the results of such assessment.
Amendment 187 #
2022/0407(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 14 – point b
Article 2 – paragraph 1 – point 14 – point b
Directive 2006/112/EC
Article 242a – paragraph 2 – subparagraph 2
Article 242a – paragraph 2 – subparagraph 2
Those records must be kept for a period of 105 years from the end of the year during which the transaction was carried out.;
Amendment 194 #
2022/0407(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
Directive 2006/112/EC
Article 369xe – paragraph 1 – point b
Article 369xe – paragraph 1 – point b
Amendment 197 #
2022/0407(CNS)
Proposal for a directive
Article 3 – title
Article 3 – title
Amendments to Directive 2006/112/EC with effect from 1 January 20267
Amendment 198 #
2022/0407(CNS)
Proposal for a directive
Article 4 – title
Article 4 – title
Amendments to Directive 2006/112/EC with effect from 1 January 20289
Amendment 200 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
Directive 2006/112/EC
Article 138 – paragraph 1a
Article 138 – paragraph 1a
Amendment 204 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
Directive 2006/112/EC
Article 218
Article 218
For the purposes of this Directive, invoices shallmay be issued in a structured electronic format. However, Member States mayshall accept documents on paper or other formats as invoices for transactions not subject to the reporting obligations laid down in Title XI Chapter 6. Member States shall allow for the issuance of electronic invoices which comply with the European standard on electronic invoicing and the list of its syntaxes pursuant to Directive 2014/55/EU of the European Parliament and of the Council. The issuance of electronic invoices by taxable persons and their transmission shall not be subject to a prior mandatory authorisation or verification by the tax authorities.;
Amendment 208 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
Directive 2006/112/EC
Article 222 – paragraph 1
Article 222 – paragraph 1
For supplies of goods carried out in accordance with the conditions specified in Article 138 or for supplies of goods or services for which VAT is payable by the customer pursuant to Articles 194 and 196, an invoice shall be issued no later than 25 working days following the chargeable event.;
Amendment 211 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
Amendment 216 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 6
Article 4 – paragraph 1 – point 6
Directive 2006/112/EC
Article 226 – paragraph 1 – point 17
Article 226 – paragraph 1 – point 17
Amendment 219 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 6
Article 4 – paragraph 1 – point 6
Directive 2006/112/EC
Article 226 – paragraph 1 – point 18
Article 226 – paragraph 1 – point 18
Amendment 222 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 10
Article 4 – paragraph 1 – point 10
Directive 2006/112/EC
Article 263 – paragraph 1 – subparagraph 1
Article 263 – paragraph 1 – subparagraph 1
The data referred to in Article 262(1) shall be transmitted for each individual transaction carried out by the taxable person no later than 25 working days after issuing the invoice, or after the date the invoice had to be issued where the taxable person does not comply with the obligation to issue an invoice. The data shall be transmitted by the taxable person or by a third party on that taxable person’s behalf. Member States shall provide for the electronic means for submitting such data.
Amendment 228 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 17
Article 4 – paragraph 1 – point 17
Directive 2006/112/EC
Article 271b – paragraph 1
Article 271b – paragraph 1
Where a Member State requires to send the data pursuant to Article 271a, the taxable person, or a third party on behalf of the taxable person, shall transmit that data on a transaction-by-transaction basis by no later than 25 working days after the invoice is issued, or after the date the invoice had to be issued where the taxable person does not comply with the obligation to issue an invoice. Member States shall allow for the transmission of data from electronic invoices which comply with the European standard on electronic invoicing and the list of its syntaxes pursuant to Directive 2014/55/EU.
Amendment 231 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 17
Article 4 – paragraph 1 – point 17
Directive 2006/112/EC
Article 271c – paragraph 1
Article 271c – paragraph 1
By 31 MarchDecember 2033 at the latest the Commission shall, based on the information provided by Member States, present to the Council a report on the functioning of the domestic reporting requirements set out in this Section. In that report, the Commission shall assess the need for further harmonisation measures and shall, if deemed necessary, make an appropriate proposal for such measures.;
Amendment 233 #
2022/0407(CNS)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 31 December 20234, the laws, regulations and administrative provisions necessary to comply with Article 1 of this Directive. They shall immediately inform the Commission thereof.
Amendment 238 #
2022/0407(CNS)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
They shall apply those provisions from 1 January 20245.
Amendment 239 #
2022/0407(CNS)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall adopt and publish, by 31 December 20245, the laws, regulations and administrative provisions necessary to comply with Article 2 of this Directive.
Amendment 241 #
2022/0407(CNS)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
They shall apply those provisions from 1 January 20256.
Amendment 244 #
2022/0407(CNS)
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
Member States shall adopt and publish, by 31 December 20256, the laws, regulations and administrative provisions necessary to comply with Article 3 of this Directive.
Amendment 246 #
2022/0407(CNS)
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
They shall apply those provisions from 1 January 20267.
Amendment 248 #
2022/0407(CNS)
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
Member States shall adopt and publish, by 31 December 20278, the laws, regulations and administrative provisions necessary to comply with Article 4 of this Directive.
Amendment 250 #
2022/0407(CNS)
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
They shall apply these provisions from 1 January 20289.
Amendment 8 #
2022/0404(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2013/36/EU
Article 104 – paragraph 1
Article 104 – paragraph 1
Amendment 210 #
2022/0403(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 214 #
2022/0403(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) It is necessary to explore additional means of enhancing the attractiveness of EU CCPs. This objective must be pursued while safeguarding the competitiveness of EU firms and upholding the freedom of choice for clearing market participants. To achieve a proportionate approach that bolsters EU capital markets, maintains financial stability, and strengthens the competitiveness of the Union's clearing system on a global scale, the implementation of an incentives regime is necessary to encourage businesses to move to EU CCPs.
Amendment 240 #
2022/0403(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) To ensure consistent harmonisation of rules and supervisory practice on applications for authorisation, extension of authorisation and model validations the active account requirement and the CCP participation requirements, the Commission should be empowered to adopt regulatory technical standards developed by ESMA with regard to the following: the documents CCPs are required to submit when applying for authorisation, extension of authorisation and validation of model changes; the proportion of activity in the relevant derivative contracts that should be held in active accounts at Union CCPs and the calculation methodology to be used to calculate that proportion; the scope and details of the reporting by Union clearing members and clients to their competent authorities on their clearing activity in third-country CCPs and whilst providing the mechanisms triggering a review of the values of the clearing thresholds following significant price fluctuations in the underlying class of OTC derivatives to also review the scope of the hedging exemption and thresholds for the clearing obligation to apply; and the elements to be considered when laying down the admission criteria to a CCP. The Commission should adopt those regulatory technical standards by means of delegated acts pursuant to Article 290 of the Treaty on the Functioning of the European Union (TFEU) and in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
Amendment 254 #
2022/0403(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 a (new)
Article 7 a (new)
Amendment 295 #
2022/0403(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) No 648/2012
Article 9 – paragraph 1 – subparagraphs 3 and 4
Article 9 – paragraph 1 – subparagraphs 3 and 4
Amendment 313 #
2022/0403(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) No 648/2012
Article 11 – paragraph 2– subparagraph 2
Article 11 – paragraph 2– subparagraph 2
A non-financial counterparty becoming subject for the first time to the obligations laid down in the first subparagraph shall set up the necessary arrangements to comply with those obligations within foursix months following the notification referred to in Article 10(1), second subparagraph, point (a). A non-financial counterparty shall be exempted from those obligations for contracts entered into during the foursix months following that notification.;
Amendment 117 #
2022/0394(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The aim of this Regulation is to develop a voluntary Union certification framework for carbon removals, with the view to incentivise the uptake of high- quality, long term carbon removals, in full respect of the biodiversity and the zero- pollution objectives. It is a tool to support the achievement of the Union objectives under the Paris Agreement, notably the goal of collective climate neutrality by 2050 laid down in Regulation (EU) 2021/1119 of the European Parliament and of the Council24 . The Union also committed to generate negative emissions after 2050. An important instrument to enhance carbon removals in terrestrial ecosystems is Regulation (EU) 2018/841 of the European Parliament and of the Council25 , which is currently under review. The objective of the review is to set out a Union net removals target of 310 Mt CO2 eq by 2030, and to allocate respective targets to each Member State, which shall be defined taking into consideration regional authorities, when relevant. __________________ 24 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 25 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 137 #
2022/0394(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to support operators willing to make additional efforts to increase carbon removals in a sustainable way, the Union certification framework should take into account the different types of carbon removal activities, their specificities and related environmental and socio-economic impacts. Therefore, this Regulation should provide clear definitions of carbon removal, carbon removal activities, and other elements of the Union certification framework.
Amendment 225 #
2022/0394(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Carbon removal activities should not contribute to an increase of land prices or reduced accessibility of farmers to land. Land speculation should be avoided. Farmers should receive remuneration for their activities based on the management practices they are carrying out.
Amendment 232 #
2022/0394(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Farming practices that remove CO2 from the atmosphere contribute to the climate neutrality objective and should be rewarded, either viacombining the goals and incentives in the Common Agricultural Policy (CAP) or otherwith new public or private initiatives and tools that may enhance carbon removal activities. Specifically, this Regulation should take into account farming practices as referenced in the Communication on Sustainable Carbon Cycles30 . __________________ 30 Communication from the Commission, Sustainable Carbon Cycles, COM (20221) 800.
Amendment 242 #
2022/0394(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The methodologies on carbon farming should recognise the farmer’s different starting points and potential to store carbon. Farmers and land managers who have already applied beneficial management practices contributing to carbon removal in the past should not be disadvantaged by a framework for carbon removal certification.
Amendment 248 #
2022/0394(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) It is appropriate to develop detailed certification methodologies for the different carbon removal activities in order to apply, in a standardised, verifiable and comparable way, the quality criteria laid down in this Regulation. Those methodologies should ensure the robust and transparent certification of the net carbon removal benefit generated by the carbon removal activity, while avoiding mainly disproportionate and demotivating administrative burden for operators or group of operators, in particular for small farmers and forest holders. To this end, the Commission should be empowered to supplement this Regulation by adopting delegated acts establishing detailed certification methodologies for the different carbon removal activities. Those methodologies should be developed in close consultation with the Expert Group on Carbon Removals and all other interested actors. They need to be based on the best available scientific evidence, build upon existing public and private schemes and methodologies for carbon removal certification, and take into account any relevant standard and rules adopted at national and Union level.
Amendment 255 #
2022/0394(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Providing land managers with improved knowledge, tools and methods for a better assessment and optimisation of the carbon removals is key for cost- efficient implementation of mitigation actions and for securing their engagement in carbon farming. This is particularly relevant for Union small farmers or forest holders that often lack the know-how and the expertise required to implement carbon removal activities and to comply with the required quality criteria and related certification methodologies. Therefore, it is appropriate to requiresupport, with due orientation and resources, that producer organisations facilitate the provision of relevant advisory services through technical advice to their members. The Common Agricultural Policy and national State aid can support financially, along with other financial tools, can support not only the carbon removal activities, but also connected activities, such as the provision of advisory services, knowledge exchange, training, information actions or interactive innovation projects with farmers and foresters.
Amendment 267 #
2022/0394(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is appropriate that carbon removal certificates underpin different end- uses, such as the compilation of national, regional and corporate greenhouse gas inventories, including with regard to Regulation (EU) 2018/841 of the European Parliament and of the Council31 , the proof of climate- related and other environmental corporate claims (including on biodiversity), or the exchange of verified carbon removal units through voluntary carbon offsetting markets. To this end, the certificate should contain accurate and transparent information on the carbon removal activity, including the total removals and net carbon removal benefit that comply with the quality criteria set out in this Regulation. The Commission should be also empowered to adopt delegated acts to further specify or amend Annex II which lists the minimum information to be contained in the certificates. __________________ 31 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 276 #
2022/0394(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure an accurate, robust and transparent verification, certification bodies responsible for performing the certification of carbon removal activities should have the required competences and skills and should be accredited by national accreditation authorities pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council32 . To avoid possible conflicts of interest, the certification bodies should also be completely independent from the operator carrying out the carbon removal activity that is subject to the certification. In addition, Member States, as well as regional authorities when relevant, should contribute towards ensuring the correct implementation of the certification process by supervising the operation of certification bodies that are accredited by national accreditation authorities, and by informing the certification schemes about relevant non-conformity findings. __________________ 32 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 283 #
2022/0394(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Certification schemes should be used by operators to demonstrate compliance with this Regulation. Therefore, certification schemes should operate on the basis of reliable and transparent rules and procedures and should ensure accuracy, reliability, integrity and non-repudiation of origin, and protection against fraud of information and of data submitted by operators. They should also ensure the correct accounting of the verified carbon removal units, notably by avoiding double counting. To this end, the Commission should be empowered to adopt implementing acts, including adequate standards of reliability, transparency, accounting and of independent auditing to be applied by certification schemes, so as to ensure the necessary legal certainty as regards the rules applicable to operators and to certification schemes. To ensure a cost- effective certification process, those technical harmonised rules on certification should also have the objective of reducing unnecessary and demotivating administrative burden for operators, or group of operators, in particular for Small and Medium Enterprises (SMEs), including small farmers and foresters.
Amendment 320 #
2022/0394(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. The objective of this Regulation is to facilitatincentivise the deployment of carbon removals by operators or groups of operators. To that end, this Regulation establishes a voluntary Union framework for the certification of carbon removals by laying down:
Amendment 645 #
2022/0394(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f a (new)
Article 7 – paragraph 1 – point f a (new)
(fa) balance between the environment, economic impact and the social context of local communities.
Amendment 659 #
2022/0394(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For the purposes of paragraph 1, a carbon removal activity shall comply with minimum sustainability requirements laid down in the certification methodologies, set out in the delegated acts adopted pursuant to Article 8. Those minimum sustainability requirements shall, as appropriate, and taking into consideration local conditions, consistent with the technical screening criteria for the ‘do no significant harm’ principle concerning forestry activities and underground permanent geological storage of CO2, laid down in Delegated Regulation (EU) 2021/2139, and on the sustainability criteria for forest and agriculture biomass raw material laid down in Article 29 of Directive (EU) 2018/2001.
Amendment 696 #
2022/0394(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The technical certification methodologies shall ensure that the administrative burden on land managers is minimal.
Amendment 723 #
2022/0394(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Consistency with other legislation The rules and criteria on the use of carbon removal units for corporate climate-related and other environmental claims, including claims about offsets, climate neutrality or similar, shall be regulated in Directive ... [Green Claims], including when traded through voluntary carbon markets. The rules and criteria on the use of carbon removal units for the compilation of corporate greenhouse gas inventories are regulated in the [Corporate Sustainability Reporting Directive]. The possible future use of carbon removal units towards the compliance with Union and national greenhouse gas targets shall be assessed in the context of the relevant review clauses included in Art. 17(3) of the LULUCF Regulation, Art.30(4a)(a) ETS Directive, and in the Union-wide post- 2030 intermediate climate targets to be set in accordance with the European Climate Law.
Amendment 737 #
2022/0394(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. To apply for a certification of compliance with this Regulation, an operator or a group of operators shall submit an application to a certification scheme. Upon acceptance of that application, the operator or a group of operators shall submit to a certification body a comprehensive description of the carbon removal activity, including the certification methodology applied to assess compliance with Articles 4 to 7, the expected total carbon removals and net carbon removal benefit. Groups of operators shall also specify how advisory services on carbon removal activities are provided, in particular to small-scale carbon farming operators. For operators or groups of operators involved in cross- border and/or multi-country carbon farming projects, allowing the certification scheme to appoint a single certification body for all cross-border and multi-country carbon farming projects.
Amendment 757 #
2022/0394(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The operator or a group of operators shall support the certification body during certification and re- certification audits, notably by giving access to the activity premises and providing relevanty data and documentation, safeguarding sensitive and confidential information.
Amendment 779 #
2022/0394(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States, and regional authorities when applicable, shall supervise the operation of certification bodies. Certification bodies shall submit, upon request by the national or, when applicable, regional competent authorities, all relevant information necessary to supervise their operation, including date, time and location of the audits referred to in Article 9. Where Member States, and when applicable, regional authorities, find issues of non- conformity, they shall inform the certification body and the relevant certification scheme thereof without delay.
Amendment 800 #
2022/0394(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Certification schemes shall publish, at least annually, a list of the appointed certification bodies, stating for each certification body by which entity or national or regional public authority it was recognised and which entity or national or regional public authority is monitoring it.
Amendment 833 #
2022/0394(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. A Member State, and when relevant, the regional authorities, shall notify to the Commission the application for recognition of the public certification scheme. The legal representative of a private certification scheme shall notify to the Commission the application for recognition of the private certification scheme.
Amendment 838 #
2022/0394(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission may repeal a decision recognising a certification scheme pursuant to paragraph 1 where the certification scheme fails to implement the standards and rules set out in the implementing acts referred to in Article 11(5). Where a Member State or region raises concerns that a certification scheme does not operate in accordance with the standards and rules set out in the implementing acts referred to in Article 11(5) that constitute the basis for decisions under paragraph 1, the Commission shall investigate the matter and take appropriate action, including repealing the relevant decision.
Amendment 871 #
2022/0394(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The Commission shall submit a report to the European Parliament and to the Council within 6 months of a global agreement on Article 6.4 of the Paris Agreement or by 31 December 2025, whichever date comes first, to analyse any potential linkages between the Union framework and other voluntary carbon markets and frameworks outside the Union.
Amendment 32 #
2022/0341(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) It would not be proportionate to impose on payment institutions and electronic money institutions an obligation to offer the service of sending and receiving instant credit transfers in euro, because those institutions cannot be admitted as participants in a payment system designated in accordance with Directive 98/26/EC of the European Parliament and of the Council36 . Those institutions may therefore experience difficulties in accessing the infrastructure necessary to execute instant credit transfers. It is therefore appropriate to exclude payment institutions and electronic money institutions from the obligation to offer the service of sending and receiving instant credit transfers in euro as long as they are not considered to be institutions in accordance with Article 2, point (b) of the Settlement Finality Directive. Therefore, Directive 98/26/EC should be amended to allow payment institutions and electronic money institutions to act as participants in a payment system designated in accordance with that Directive. __________________ 36 Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45).
Amendment 68 #
2022/0341(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) It is of critical importance that PSPs effectively comply with their obligations stemming from Union sanctions against persons, bodies or entities that are subject to an asset freeze or a prohibition to make funds or economic resources available to it, or for its benefit, either directly or indirectly, pursuant to restrictive measures adopted in accordance with Article 215 TFEU (listed persons or entities). Union law, however, does not lay down rules on the procedure or tools to be used by PSPs to ensure their compliance with those obligations. PSPs thus apply various methods, based on their individual choice or on the guidance provided by the national authorities concerned. The practice of complying with obligations stemming from Union sanctions by screening the payer and the payee involved in each credit transfer transaction, either national or cross-border, leads to a very high number of credit transfers being flagged as potentially involving listed persons or entities. However, the large majority of such flagged transactions turn out, after verification, not to involve any such persons or entities. Due to the nature of instant credit transfers, it is impossible for PSPs to verify, within short time limits, such flagged transactions instantly and, as a result, they are rejected. That situation creates operational challenges for PSPs to offer instant credit transfers to their PSUs across the Union in a reliable and predictable way. To provide for greater legal certainty, increase the efficiency of PSPs’ efforts to comply with their obligations stemming from Union sanctions in the context of instant credit transfers in euro, and to prevent unnecessary hindering of such transactions, PSPs should thus verify, at least daily, whether their PSUs are listed persons or entities, and should no longer apply transaction-based screening. The use of the Legal Entity Identifier (LEI) could play a beneficial role in that context by facilitating the screening of sanctions.
Amendment 72 #
2022/0341(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To prevent the initiation of instant credit transfers from payment accounts belonging to listed persons or entities and to immediately freeze funds sent to such accounts, PSPs should carry out verifications of their PSUs as soon as possible following the entry into force of a new restrictive measure adopted in accordance with Article 215 TFEU providing for asset freeze or prohibition of making funds or economic resources available, and following a significant change of PSUs details, thus ensuring that PSPs comply with their obligations stemming from Union sanctions in an effective manner.
Amendment 75 #
2022/0341(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Without prejudice to the above obligations, the Commission should work on the elaboration of a Union-wide harmonised sanctions list which covers Union sanctions, national sanctions and direct international sanctions regimes.
Amendment 77 #
2022/0341(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Failure of one PSP to carry out timely verifications of its PSUs could result in a failure of the other PSP involved in carrying out the same instant credit transfer transaction to freeze funds of a listed person or entity or not to make funds or economic resources available to such person or entity. PSPs that incur penalties for non-compliance with their obligations stemming from Union sanctions due to the failure of another PSP to carry out timely verifications of its PSUs should be proportionally compensated for those penalties by that PSP.
Amendment 83 #
2022/0341(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Under Article 3 of Regulation (EU) 2021/1230 of the European Parliament and of the Council38 , charges applied by a PSP located in a Member State whose currency is not the euro in respect of cross-border credit transfers in euro are to be the same as charges applied by that PSP in respect of national credit transfers in the national currency of that Member State. In situations where such a PSP applies higher charges for national instant credit transfers in the national currency than for national non-instant credit transfers in the national currency, and therefore also higher charges than for cross-border non-instant credit transfers in euro, the level of charges that such a PSP would be required to apply under Article 3 of Regulation (EU) 2021/1230 in respect of cross-border instant credit transfers in euro would be higher than charges for cross-border non- instant credit transfers in euro. In such situations, to avoid conflicting requirements and taking into account the key objective of steering PSUs towards instant credit transfers in euro, it is appropriate to require that charges applied to payers and payees for cross-border instant credit transfers in euro do not exceed the charges applied for cross-border non-instant credit transfers in euro. It is essential to guarantee that the industry does not raise the fees, in an disproportionate way, for regular SEPA credit transfers to compensate for the instant transfer fees. Therefore, a proper supervision framework must be guaranteed. __________________ 38 Regulation (EU) 2021/1230 of the European Parliament and of the Council of 14 July 2021 on cross-border payments in the Union (OJ L 274, 30.7.2021, p. 20).
Amendment 94 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) No 260/2012
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(1c) ‘payment account identifier’ means a unique identifier as defined in Article 4, point (33), of Directive (EU) 2015/2366 of the European Parliament and of the Council*1. SEPA countries national authorities that issue bank identifiers used in IBAN´s shall issue such payment account identifier both at national level and for other SEPA countries on a cross border basis;
Amendment 109 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 1 – subparagraph 2
Article 5a – paragraph 1 – subparagraph 2
However, this paragraph shall not apply to electronic money institutions as defined in Article 2, point (1), of Directive 2009/110/EC and payment institutions as defined in Article 4, point (4), of Directive (EU) 2015/2366 as long as they cannot be participants in a payment system designated in accordance with Directive 98/26/EC.
Amendment 120 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 2 – point a
Article 5a – paragraph 2 – point a
(a) they shall ensure that payers are able to place a payment order for an instant credit transfer through the same PSU online interfaces as the ones through which those payers can place a payment order for other credit transfers;
Amendment 133 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 2 – point d a (new)
Article 5a – paragraph 2 – point d a (new)
(d a) the payer’s PSP shall inform the payer as well as any intermediary involved within 10 seconds from the time of receipt and free of charge whether the amount transferred has been credited to the payee’s payment account or not.
Amendment 142 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
When a multiple payment orders package has been placed by the PSU, the payer’s PSP shall start to convert that package into individual transactions as soon as possible. The time of receipt of an individual payment order belonging to that package shall be the moment when the payer’s PSP sends the ensuing payment transaction to the payee’s PSP.
Amendment 145 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 3 a (new)
Article 5a – paragraph 3 a (new)
Amendment 149 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
PSPs as referred to in paragraph 1 that are located in a Member State whose currency is the euro shall offer PSUs the service of receiving instant credit transfers in euro by … [PO please insert the date = 612 months after the date of entry into force of this Regulation], and the service of sending instant credit transfers in euro by … [PO please insert the date = 12 months after the date of entry into force of this Regulation].
Amendment 159 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 4 – subparagraph 2
Article 5a – paragraph 4 – subparagraph 2
PSPs as referred to in paragraph 1 located in a Member State whose currency is not the euro shall offer PSUs the service of receiving instant credit transfers in euro by …[ PO please insert the date = 3024 months after the date of entry into force of this Regulation], and the service of sending instant credit transfers in euro by …[ PO please insert the date = 360 months after the date of entry into force of this Regulation].
Amendment 166 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5b – paragraph 1
Article 5b – paragraph 1
1a. This provision does not extend to value-added ancillary services, when they are provided by PSP´s with a clear independent pricing for their use by the PSU.
Amendment 167 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5b – paragraph 1
Article 5b – paragraph 1
1b. In 4 years after the entry in force of this legislation, EBA must conduct a study on the impact of this provision in the prices of both instant and regular payments; the Commission must consider the results of such study in possible future revisions of this legislation.
Amendment 171 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
PSPs located in a Member State whose currency is the euro shall comply with this Article by …[ PO please insert the date = 612 months after the date of entry into force of this Regulation].
Amendment 177 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5b – paragraph 2 – subparagraph 2
Article 5b – paragraph 2 – subparagraph 2
PSPs located in a Member State whose currency is not the euro shall comply with this Article by …[ PO please insert the date = 3024 months after the date of entry into force of this Regulation].
Amendment 182 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Amendment 194 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 1 – subparagraph 1
Article 5c – paragraph 1 – subparagraph 1
With regard to instant credit transfers, a payer’s PSP shall verify whether the payment account identifier and the name of the payee provided by the payer match. Where they do not match, that PSP shall notify the payer of any discrepancies detected and the degree of any such discrepancyprovide, free of charge, a service to verify the identity of the payee using the payment account identifier.
Amendment 198 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
PSPs shall provide that service immediately after the payer provided to its PSP the payment account identifier of the payee and the name of the payeelaces the payment order, and before the payer is offered the possibility to authorise the instant credit transfer. The outcome of that verification mechanism shall be notified to the payer before the payer authorises the transaction.
Amendment 208 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 3
Article 5c – paragraph 3
Amendment 215 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 4
Article 5c – paragraph 4
4. PSPs shall inform their PSUs that authorising a transaction despite a detected and notified discrepancy or opting out from receiving the service referred to in paragraph 1negative outcome of the verification service may lead to transferring the funds to a payment account not held by the payee indicated by the payer. PSPs shall provide that information at the same time as the notification of discrepancies referred to in paragraph 1 or when PSU opts out from receiving the service referred to in that paragraph.
Amendment 225 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 5
Article 5c – paragraph 5
5. The service referred to in paragraph 1 shall be provided to the payer regardless of the PSU online interfaces used by the payer to place a payment order for an instant credit transfer.
Amendment 236 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 6 – subparagraph 1
Article 5c – paragraph 6 – subparagraph 1
PSPs located in a Member State whose currency is the euro shall comply with this Article by …[ PO please insert the date = 128 months after the date of entry into force of this Regulation].
Amendment 245 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 6 – subparagraph 2
Article 5c – paragraph 6 – subparagraph 2
PSPs located in a Member State whose currency is not the euro shall comply with this Article by …[ PO please insert the date = 3624 months after the date of entry into force of this Regulation].
Amendment 253 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5d – paragraph 1 – subparagraph 2
Article 5d – paragraph 1 – subparagraph 2
PSPs shall carry out such verifications immediately after the entry into force of any new or amended restrictive measures adopted in accordance with Article 215 TFEU providing for asset freeze or prohibition of making funds or economic resources available , and at least once every calendar day, or in the moment of relevant change on the PSUs details, on a risk-based approach.
Amendment 266 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5d – paragraph 4
Article 5d – paragraph 4
4. PSPs shall comply with this Article by …[ PO please insert the date = 612 months after the date of entry into force of this Regulation].
Amendment 270 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 260/2012
Article 11 – paragraph 1a – subparagraph 1
Article 11 – paragraph 1a – subparagraph 1
By way of derogation from paragraph 1, Member States shall by … [PO please insert the date = 46 months after the date of entry into force of this Regulation] lay down rules on the penalties applicable to infringements of Articles 5a to 5d and shall take all measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive.
Amendment 271 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 260/2012
Article 11 – paragraph 1a – subparagraph 1a (new)
Article 11 – paragraph 1a – subparagraph 1a (new)
No penalty shall be applied in respect of Article 5a(2), point (c). where the payment accounts maintained by PSPs are not reachable for instant credit transfers due to a planned downtime of all SEPA Instant Credit Transfer (SCT Inst) or where, due to a duly motivated suspicion of fraud, PSPs suspend the instant credit service, and if PSPs offer alternative options to PSUs.
Amendment 273 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 260/2012
Article 11 – paragraph 1a – subparagraph 2
Article 11 – paragraph 1a – subparagraph 2
Member States shall notify the Commission of those rules and measures by … [ PO please insert the = 89 months after the date of entry into force] and shall notify it without delay of any subsequent amendment affecting them.
Amendment 477 #
2022/0195(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) It is appropriate to take into account the specific situation of the Union’s outermost regions, as listed in Article 349 of the Treaty on the Functioning of the European Union (TFEU), which provides for specific measures to support those regions. As envisaged in the EU Biodiversity Strategy for 2030, particular focus should be placed on protecting and restoring the outermost regions’ ecosystems, given their exceptionally rich biodiversity valueat they are responsible for approximately 80% of the EU’s biodiversity, and it is also appropriate for the protection and restoration plan for these regions to be accompanied by the financial support that this increased effort requires.
Amendment 498 #
2022/0195(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) To ensure the achievement of the targets and obligations set out in this Regulation, it is of utmost importance that adequate private and public investments are made in restoration. Member States should integrate expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, in their national budgets and reflect how Union funding is used. Regarding the Union funding, expenditure under the Union budget and Union financing programmes, such as the Programme for the Environment and Climate Action (LIFE)96, the European Maritime Fisheries and Aquaculture Fund (EMFAF)97, the European Agricultural Fund for Rural Development (EAFRD)98, the European Agricultural Guarantee Fund (EAGF), the European Regional Development Fund (ERDF), the Cohesion Fund99 and the Just Transition Fund100, as well as the Union framework programme for research and innovation, Horizon Europe101, contributes to biodiversity objectives with the ambition to dedicate 7,5 % in 2024, and 10 % in 2026 and in 2027 of annual spending under the 2021-2027 Multiannual Financial Framework102 to biodiversity objectives. The Recovery and Resilience Facility (RRF)103 is a further source of funding for the protection and restoration of biodiversity and ecosystems. With reference to the LIFE Programme, special attention should be given to the appropriate use of the Strategic Nature Projects (SNaPs) as a specific tool that could support the implementation of this Regulation, by way of mainstreaming available financial resources in an effective and efficient way. New budgetary options should nevertheless be assessed, including the establishment of a permanent dedicated nature restoration fund, with additional funds for the outermost regions; _________________ 100 Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231, 30.6.2021, p. 1). 101 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013(OJ L 170, 12.5.2021, p. 1). 102 Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I , 22.12.2020, p. 11). 103 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17). 96 Regulation (EU) 2021/783 of the European Parliament and of the Council of 29 April 2021 establishing a Programme for the Environment and Climate Action (LIFE), and repealing Regulation (EU) No 1293/2013 (OJ L 172, 17.5.2021, p. 53). 97 Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1). 98 Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 (OJ L 437, 28.12.2020, p. 1). 99 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60).
Amendment 1715 #
2022/0195(COD)
Proposal for a regulation
Article 11.º – paragraph 7 – point g a (new)
Article 11.º – paragraph 7 – point g a (new)
(ga) the impact of the closure of certain areas on local fishing activity;
Amendment 1820 #
2022/0195(COD)
Proposal for a regulation
Article 12.º – paragraph 2 – point g
Article 12.º – paragraph 2 – point g
(g) a dedicated section setting out tailored restoration measures in their outermost regions, as applicable, as well as a timeline and targets, in their outermost regions, determined in coordination with the regional authorities;
Amendment 1838 #
2022/0195(COD)
Proposal for a regulation
Article 12.º – paragraph 2 – point l
Article 12.º – paragraph 2 – point l
(l) the estimated financing needs for the implementation of the restoration measures, which shall include the description of the support to stakeholders affected by restoration measures, as well as the financing needs to ensure adequate compensation to fishers for the closure of marine areas for the purpose of restoration, or other new obligations arising from this Regulation, and the means of intended financing, public or private, including (co-) financing with Union funding instruments;
Amendment 1902 #
2022/0195(COD)
Proposal for a regulation
Article 14.º – paragraph 1 a (new)
Article 14.º – paragraph 1 a (new)
1a. The Commission shall ensure that the national plans include a section dedicated to nature restoration in the outermost regions, taking into account all their specificities, and that this has been properly coordinated with the regional authorities, in accordance with Article 12 of this Regulation and Article 349 TFEU;
Amendment 1964 #
2022/0195(COD)
Proposal for a regulation
Article 15.º – paragraph 2 a (new)
Article 15.º – paragraph 2 a (new)
2a. A Member State shall review its national restoration plan if an adjustment to the section established for the outermost regions is justified, based on a reasoned request from its regional authorities;
Amendment 2085 #
2022/0195(COD)
Proposal for a regulation
Article 18.º – paragraph 2 – subparagraph 1 – point e a (new)
Article 18.º – paragraph 2 – subparagraph 1 – point e a (new)
(ea) They shall send the Commission in annex the opinion of the competent authorities of the outermost regions on the progress achieved and proposals for improvements and adaptations;
Amendment 17 #
2022/0154(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) Promoting a fair and sustainable business environment, including through targeted tax measures that incentivise investment and growth, is a high political priority of the Union. To support sustainable and long-term corporate financing, the tax system should reduce the tax burden to a maximum and to minimise unintended distortions of business decisions, for example towards debt rather than equity financing. While the Commission’s Capital Markets Union 2020 Action Plan14 includes important actions to support such financing, for example Action 4 - Encouraging more long-term and equity financing from institutional investors, targeted tax measures should be adopted in order to enhance such actions. Such measures should take into account fiscal sustainability considerations. _________________ 14 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘A Capital Markets Union for people and businesses-new action plan’, COM(2020) 590 final (https://eur- lex.europa.eu/resource.html?uri=cellar:610 42990-fe46-11ea-b44f- 01aa75ed71a1.0001.02/DOC_1&format=P DF)
Amendment 18 #
2022/0154(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The promotion of a competitive and resilient Capital Markets Union, having a strong equity market as one of its pillars, is essential for the promotion of jobs, economic growth and investment. This is particularly important in a context of foreseened economic downturn and after a succession of economic crisis that led many companies to rely on debt instruments. Private investment through equity is pivotal to tackle the economic challenges that lie ahead. Therefore, a legal instrument to harmonize the legislative solutions for the debt-equity bias, without prejudice to the legitimate and effective use of debt instruments, is necessary.
Amendment 21 #
2022/0154(CNS)
(2) Member States’ tax systems allow the taxpayers to deduct interest payments on debt financing, and thereby reduce the corporate income tax liability, while costs related to equity financing are non-tax deductible in most Member States. The asymmetric tax treatment of debt and equity financing across the Union induces a bias towards debt in investment decisions. Moreover, where Member States provide for a tax allowance on equity financing in their domestic law, such national measures differ significantly in terms of policy design. It is therefore essential to safeguard a level playing field for equity solutions and debt instruments, having in regard the need to guarantee minimum levels of systematic coherence between national tax frameworks, namely at the tax benefits level.
Amendment 26 #
2022/0154(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) In order to remove possible tax related distortions among Member States, it is necessary to lay down a common framework of rules to address the tax related debt-equity bias across the Union in a coordinated manner, in full respect of the EU institutional framewok on tax matters established by the treaties. Such rules should ensure that equity and debt financing are treated in a similar way for tax purposes across the single market. At the same time, a common Union legislative framework should be sustainable also in the short term for Member States’ budgets. Such framework should therefore include rules, on the one hand, for the tax deductibility of equity financing costs and, on the other, for limiting the tax deductibility of debt financing costs.
Amendment 31 #
2022/0154(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) To ensure a simple and comprehensive legislative framework, the common framework of rules should apply to all undertakings in the Union that are subject to corporate income tax in a Member State. Financial undertakings have special features and require a specific treatment. If the rules to address the tax related debt-equity bias were to apply to them, the economic burden of the measures would be unequally distributed at the expense of non-financial undertakings. Financial undertakings should therefore be excluded from the scope of this Directive to put them on equal footing with non- financial corporations.
Amendment 36 #
2022/0154(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) To neutralise the bias against equity financing, an allowance should be envisaged so that increases in a taxpayer's equity from one tax period to the next are deductible from its taxable base, subject to certain conditions. The allowance should be calculated by multiplying the increase in equity with a notional interest rate based on risk-free interest rate as laid down in the implementing acts adopted pursuant to Article 77e(2) of Directive 2009/138/EC. Such risk-free interest rates are already part of EU law and have been practically and effectively applied as such. Any part of the allowance that cannot be deducted in a tax period due to insufficient taxable profits may be carried forward. Taking into account the specific challenges that small- and medium-sized enterprises (SMEs) face in accessing capital markets, an increased allowance on equity should be envisaged for taxpayers that are SMEs. In order for the deduction of an allowance on equity to be sustainable for public finances in the short term, it should be properly and proportionately limited in time. To safeguard the system from abuses, it is necessary to exclude the tax value of a taxpayer's own shares as well as that of its participation in associated enterprises from the calculation of changes in equity. In the same vein, it is necessary to provide for the taxation of a decrease in a taxpayer’s equity from one tax period to the following one, to prevent an equity increase from being effected in an abusive manner. Such a rule would also encourage the retention of a level of equity. It would apply so that where there is a decrease in equity of a taxpayer that has benefitted from an allowance on equity increase, an amount calculated in the same way as the allowance would become taxable for 10 tax periods; unless the taxpayer provides evidence that this decrease is exclusively due to losses incurred during the tax period or due to a legal obligation.
Amendment 44 #
2022/0154(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) To effectively address the tax- related debt-equity bias in a manner sustainable for the Union’s public finances, an allowance for equity financing should be accompanied by a limitation on the deductibility of debt financing costs. An interest limitation rule should therefore limit the deductibility of exceeding borrowing costs and apply independently from the allowance, excluding from this to the SMEs and their loans, as they are more vulnerable. Given the different objectives between such a rule and the existing anti-tax avoidance rule on interest limitation of Article 4 of Directive (EU) 2016/1164, both rules should be maintained. Taxpayers should first calculate the deductibility of exceeding borrowing costs under this Directive and then under ATAD. In the event that the latter results in a lower amount of deductible exceeding borrowing costs, the taxpayer should deduct this lower amount and carry forward or back any difference between the two amounts in accordance with Article 4 of ATAD.
Amendment 47 #
2022/0154(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) In order to evaluate the effectiveness of this Directive, the Commission should prepare and publish an evaluation report on the basis of the information provided by Member States and of other available data. The evaluation should include a section dedicated exclusively to SMEs and the impact on them. In the case of poor results, the Commission should present a proposal to remedy the problems identified.
Amendment 64 #
2022/0154(CNS)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
An allowance on equity shall be deductible, for 105 consecutive tax periods, from the taxable base of a taxpayer for corporate income tax purposes up to 30% of the taxpayer's earnings before interest, tax, depreciation and amortisation (“EBITDA ”).
Amendment 71 #
2022/0154(CNS)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
Member States shall ensure that the taxpayers may carry forward, for a maximum of 510 tax periods, the part of the allowance on equity which exceeds 30% of EBITDA in a tax period.
Amendment 73 #
2022/0154(CNS)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Subject to Article 5, the base of the allowance on equity shall be calculated as the difference between the level of net equity at the end of the tax period and the level of net equity at the end of the previous tax period, in other words, the year-on-year increase in own funds.
Amendment 78 #
2022/0154(CNS)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The allowance on equity shall be equal to the base of the allowance multiplied by the 10-year risk-free interest rate for the relevant currency and increased by a risk premium of 1,5% or, where the taxpayer is an SME, a risk premium of 1.52%.
Amendment 81 #
2022/0154(CNS)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. If, after having obtained an allowance on equity, the base of the allowance on equity is negative in a tax period, an amount equal to the negative allowance on equity shall become taxable for 105 consecutive tax periods, up to the overall increase of net equity for which such allowance has been obtained under this Directive, unless the taxpayer provides sufficient evidence that this is due to accounting losses incurred during the tax period or due to a legal obligation to reduce capital.
Amendment 507 #
2022/0140(COD)
Proposal for a regulation
Article 2.º – paragraph 2 – point a
Article 2.º – paragraph 2 – point a
(a) ‘personal electronic health data’ means data concerning health and genetic data as defined in Regulation (EU) 2016/679, as well as data referring to determinants of health, or data processed in relation to the provision of healthcare services, processed in an electronic form;
Amendment 1374 #
2022/0140(COD)
Proposal for a regulation
Article 35.º – paragraph 1 – point b
Article 35.º – paragraph 1 – point b
Amendment 290 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 12 months.
Amendment 293 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not constitute grounds for reducing the level of protection of human rights or of protection of the environment or the protection of the climate provided for by the law of Member States at the time of the adoption of this Directive.
Amendment 306 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 51000 employees on average and had a net worldwide turnover of more than EUR 15300 million in the last financial year for which annual financial statements have been prepared;
Amendment 313 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 2500 employees on average and had a net worldwide turnover of more than EUR 450 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:
Amendment 328 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) generated a net turnover of more than EUR 450 million but not more than EUR 150 million in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).
Amendment 329 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated ononsidered, representing 50% of a full- time equivalent basisemployee. Temporary agency workers shall be included in the calculation of the number of employees in the same way as if they were workers employed directly for the same period of time by the company.
Amendment 337 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 2
Article 3 – paragraph 1 – point a – point iv – indent 2
Amendment 338 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 3
Article 3 – paragraph 1 – point a – point iv – indent 3
Amendment 340 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 4
Article 3 – paragraph 1 – point a – point iv – indent 4
Amendment 344 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 9
Article 3 – paragraph 1 – point a – point iv – indent 9
Amendment 347 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 10
Article 3 – paragraph 1 – point a – point iv – indent 10
Amendment 351 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) 'investee company' means a company in which an institutional investor or asset manager invests through transferable securities or money market instruments as defined in Section C Annex I of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, which is not a controlled undertaking;
Amendment 354 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a c (new)
Article 3 – paragraph 1 – point a c (new)
(a c) 'institutional investor' means an entity as defined by Article 2(e)of Directive 2007/36/EC, within the scope of Article 2 of this Directive;
Amendment 355 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a b (new)
Article 3 – paragraph 1 – point a b (new)
(a b) 'asset manager' means an entity as defined by Article 2(f) of Directive 2007/36/EC, within the scope of Article 2 of this Directive;
Amendment 369 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(i) with whom the company has a commercial agreement or to whom the companyan agreement to provides financing, insurance or reinsurance,, or
Amendment 384 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the value chain;
Amendment 478 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies update their due diligence policy annualregularly.
Amendment 560 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
Amendment 579 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2 a (new)
Article 7 – paragraph 4 – subparagraph 2 a (new)
Contractual assurances must be proportional, reasonable and adequate to the nature of the companies integrated in the business relationship, preserving the viability and competitiveness of such companies;
Amendment 580 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
Amendment 592 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
Amendment 593 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 630 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek proportional, adequate and reasonable contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 634 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
Amendment 659 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Amendment 665 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point a
Article 8 – paragraph 6 – subparagraph 1 – point a
Amendment 667 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b
Article 8 – paragraph 6 – subparagraph 1 – point b
Amendment 671 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Amendment 673 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 726 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 monthsregularly and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 835 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 903 #
2022/0051(COD)
Proposal for a directive
Article 24
Article 24
Amendment 8 #
2021/2201(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the number of users of crypto assets grew from 5 million to 300 million, since 2016; whereas the number of different types crypto assets is growing and already surpasses 16.000; whereas there are almost 700 crypto assets service providers; whereas cryptocurrencies have a market capitalisation of EUR 1.6 trillion, after a peak of EUR 2.5 trillion in October 2021; whereas 25% os this market is linked to Europe; whereas these figures shows that there is the need to create a clear, certain and transparent legal framework;
Amendment 28 #
2021/2201(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas 5 out 27 Member States have specific legal provisions on the taxation of crypto assets; whereas 19 out of 27 Member States have administrative guidance on the taxation of crypto assets;
Amendment 32 #
2021/2201(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas there is no international instrument regarding the taxation of crypto assets and that there is a wide spectrum of approaches to this matter, by different countries; whereas the limits to the possession or transaction of crypto assets are common in autocratic countries; whereas the European Union must lead the way to more financial freedom for citizens, both within and outside its borders, in the relevant international platforms;
Amendment 34 #
2021/2201(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas the OECD identifies, in its 2020 report on the taxation of virtual currencies, a number of material points to address, namely the definition of taxable event, the forms of income that are associated with virtual currencies, how taxation can be adjusted to the nature and dynamics of crypto-assets in order to capture profits in a fair and efficient manner, among other aspects;
Amendment 35 #
2021/2201(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. whereas global economy is becoming increasingly decentralised and digitalised and the principles underpinning the current international tax framework are progressively being outdated, and can no longer ensure that profits are taxed where economic activities generating the profits are performed and where value is created;
Amendment 36 #
2021/2201(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
G d. whereas crypto assets can be used, among other specific purposes, to be used as an investment product, to be used as a payment method or to be managed as a professional activity; whereas the tax consequences of different uses have to be adapted for the specific reality of each taxable event;
Amendment 52 #
2021/2201(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas international digital taxation clear guidelines are essential for a fair and efficient taxation system that, if efficiently implemented by the Member States, could achieve beneficial reforms through reducing administrative costs and time, lowering barriers to entry and ensuring certainty and stability, which are prerequisites for competitiveness, as well as for bridging gaps among companies, especially for small and medium-sized enterprises;
Amendment 57 #
2021/2201(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
J b. whereas this Parliament already underlined that "current international corporate tax rules are no longer suitable in the context of digitalisation and globalisation of the economy" and that "developments in digitalisation and a stronger reliance on intangible assets and their increase in value chains, create prospects and challenges in terms of traceability of economic operations and taxable events, including enabling of tax avoidance practices, especially when these operations are cross-border or take place outside the Union"1a; _________________ 1a European Parliament resolution of 10 March 2022 with recommendations to the Commission on fair and simple taxation supporting the recovery strategy (EP follow-up to the July Commission’s Action Plan and its 25 initiatives in the area of VAT, business and individual taxation) (2020/2254(INL))
Amendment 78 #
2021/2201(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recognizes that the impact of new technologies, such as blockchain, on tax matters, comprehend different layers of approach depending on the focus on direct taxation (withholding taxation, for example), indirect taxation (VAT or custom duties) or compliance; advises the Commission to take into consideration the specificities of each dimension; calls on the Commission to evaluate the opportunity to integrate blockchain-based solutions on the exchange of information platforms, in order to promote real-time auditing and exchange of information;
Amendment 81 #
2021/2201(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines the added-value of the EU Heads of Tax Administrations (TADEUS) network contribution on the context of the debate on the impact of new technologies on the work of national tax authorities; calls, therefore, the Commission, to involve this network on the design of a special training programme for tax administrations staff on the use of new technologies for the combat against tax fraud and evasion; recalls that such a programme must be integrated in the activity of Fiscalis;
Amendment 84 #
2021/2201(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls its proposal for a Commission initiative on a "standard for online reporting of data for (in the first instance) cross-border Union trade, preferably by using data from e-invoicing (or from an alternative, but keeping the principle that the data must be provided only once), including efficient and highly secure centralised/decentralised data processing for detection of fraud", underlining that the "use of blockchain (or alternative) technology can be considered and schemes based on common Union standards could be operated by private suppliers"1a. _________________ 1a European Parliament resolution of 10 March 2022 with recommendations to the Commission on fair and simple taxation supporting the recovery strategy (EP follow-up to the July Commission’s Action Plan and its 25 initiatives in the area of VAT, business and individual taxation) (2020/2254(INL))
Amendment 87 #
2021/2201(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Insists on its call on the Member States "to continue reforming tax authorities, to speed up digitalisation and to start implementing strategic approaches to support SMEs with tax compliance as well as to identify opportunities for burden reductions"1a _________________ 1a European Parliament resolution of 15 February 2022 on the impact of national tax reforms on the EU economy (2021/2074(INI)
Amendment 88 #
2021/2201(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Calls on the Commission to explore all the opportunities created by the European Blockchain Services Infrastructure (EBSI) to national tax authorities, mainly in the area of VAT compliance, in full respect of the highest standards of data protection and privacy, with the aim of comprehending multiple and innovative blockchain protocols and with the mission of assisting national tax administrations on their adaptation to the use of such technologies;
Amendment 89 #
2021/2201(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Recalls the importance of the European Tax Identification Number (TIN) and calls on the Commission to evaluate the added-value of the use of blockchain-based technologies to assure a proper cross-border tax identity, assuring high standards of data protection and privacy safeguard;
Amendment 94 #
2021/2201(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes the European Commission objective of alleviating the tax-associated burden in cross-border investment as one of the key action points in its communication "A Capital Markets Union for people and businesses-new action plan"1a _________________ 1a COM/2020/590 final
Amendment 95 #
2021/2201(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Notes that digital economy operators can engage in significant business activities in a Member State without establishing a physical presence there, and therefore taxes paid in one jurisdiction no longer reflect the value and profits created there; underlines, therefore the need to adapt the concept of permanent establishment, namely with a clear definition of virtual permanent establishment, in line with international standards; recalls, therefore, the importance of an effective transposition of pillar one of OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting;
Amendment 100 #
2021/2201(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines the need to define, in a clear, stable and neutral way, the concept of crypto asset for tax purposes, having in regard that there are intrinsic differences between crypto-assets that require specific approaches; stands for the need to guarantee the systematic coherence between the several legal instruments that regulate or will regulate crypto assets (namely the Regulation on Markets in Crypto Assets, the Transfer of Funds Regulation, the Directive on Administrative Cooperation and other Anti-Money Laundering related initiatives, for example) and, most important, the legal certainty and stability required to attract, retain and promote investment in Europe;
Amendment 122 #
2021/2201(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Member States to engage in the debate on the role of tax exemptions on digital assets individual gains, as a way to benefit from the tax generated from professional crypto traders and firms operating within European jurisdictions;
Amendment 125 #
2021/2201(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Calls on the Commission to confirm, after a careful technical assessment, whether crypto-assets and e- money services could be included in the rollback of the VAT exemption for financial services, in the context of the legislative proposal to be presented in 2023;
Amendment 132 #
2021/2201(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Considers that the lack of an international agreement on taxation of crypto assets is an obstacle for an intelligent and future-driven approach by the European Union and its Member States; recalls that any legislative initiative must consider this absence of an internationally agreed approach and aim to promote the competitiveness of our companies, instead of creating barriers to investment, job creation and innovation in the financial sector;
Amendment 143 #
2021/2201(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the Commission to consider the outcome of the OECD public consultation on "Crypto-Asset Reporting Framework and Amendments to the Common Reporting Standard" in the context of DAC8 revision, that must be considered a priority on tax matters;
Amendment 144 #
2021/2201(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Stresses the importance of guaranteeing that a future revision of the Directive on Administrative Cooperation (DAC8) will complement reporting obligations under other legal instruments, by helping authorities to automatically exchange data about crypto-assets and e- money, so they can assess income and revenue from investments and payments using crypto assets and e-money. Underlines the need to safeguard a systematic coherence that provides legal certainty to operators and technical guidance to national tax authorities;
Amendment 60 #
2021/2185(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that the challenges arising from the COVID-19 pandemic need to be adequately taken into account and that the guiding principle should be the phasing out of specific support measures in a reasonable, phasing out of specific support measurrogressive, proportionate manner and according to a timeframe enabling full compliance with competition law while safeguarding the competitiveness of our companies;
Amendment 85 #
2021/2185(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Advocates for this in-depth review, which must necessarily focus on safeguarding the competitiveness of European businesses and promoting economic growth, to seek to establish flexibility mechanisms in European competition law for exceptional situations such as pandemics; believes, however, that European competition law currently comprises stringent requirements for the protection of free competition in the internal market and that under no circumstances should exceptional arrangements become windows of opportunity for channelling public funding – whether national or European – into capitalising companies that are economically unviable or of no real strategic interest to the public;
Amendment 108 #
2021/2185(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes a positive view of the use made of the temporary framework for State aid measures, stressing the appropriateness and reasonableness of the decisions taken in its implementation; asks, however, the Commission to provide a timely assessment as soon as possible to enable the European Parliament to have a solid and fact-based political debate and provide Europe’s lawmakers with relevant information for a future amendment of the legal framework;
Amendment 153 #
2021/2185(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the launch of the EU-US Trade and Technology Council (TTC), which will seek to deepen economic and transatlantic relations based on common values; notes with appreciationand takes a positive view that the transformation of the EU’s rules vis-à- vis digital platform companies is mirrored by comparable legislative initiatives and individual investigations in the US, while hoping that this reciprocal effort will be maintained and deepened;
Amendment 268 #
2021/2185(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses the importance of guarantees of independence for national supervisory and competition authorities, reiterating the ever-growing need to ensure more effective channels of communication, information and cooperation at European level; emphasises in this regard the need to provide these authorities with the necessary human, financial and technological resources for the proper performance of their tasks; highlights, lastly, the importance of maintaining the most stringent requirements of transparency and independence concerning the mandates of these authorities, from the mechanisms for appointment to the rules for access to information;
Amendment 28 #
2021/2184(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
AA. whereas the banking union cannot be considered complete without a European deposit insurance scheme (EDIS), which would complete the economic and monetary union;
Amendment 62 #
2021/2184(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
DA. whereas the banking sector plays a crucial role in supporting Europe's economic recovery, particularly through the channelling of key financing to foster investment and thus create business opportunities and jobs;
Amendment 79 #
2021/2184(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
FA. whereas the challenges arising from the digitalisation of economies, of the banking sector and of financial markets include crypto-assets and crypto- currencies, which are complex phenomena that call for sound political responses which balance incentive to innovate and protection for investors and consumers; and whereas banks have a growing responsibility in this area;
Amendment 154 #
2021/2184(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the EBA, the ECB and the SRB still see many problems in the banking system, such as high stocks of non-performing loans (NPLs), exposures to sectors which are sensitive to the COVID- 19 crisis, deficiencies in risk management, and discrepancies in the implementation of International Financial Reporting Standard 9 (IFRS 9); underlines with concern that these problems are likely to increase after the withdrawal of the emergency measures; points out that the national picture in this area differs significantly from one Member State to the next;
Amendment 266 #
2021/2184(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Draws attention to the dangers of a very loose monetary policy that might stimulatinge inflation; points out the need for the gradual tightening of monetary policy in a gradual process that takes account of the exceptional circumstances of the pandemic and of economic recovery;
Amendment 308 #
2021/2184(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines the need to protect consumers from abuses and harmful practices and therefore calls on the Commission to ensure that all EU legislation on banking supervision is upheld and urges the Member States to adopt and implement EU legislation properly;
Amendment 338 #
2021/2184(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Supports the updating of State aid rules in order to ensure their greater adequacy and consistency with the SRM framework; emphasises that one of the goals of such an update should be to enable quick and effective interventions under the SRM or in the alternative liquidation regime, safeguarding fair competition in the banking sector, the integrity of the banking union and the requisite speed and efficiency, without drowning national and European authorities and market agents in red tape;
Amendment 351 #
2021/2184(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls that the SSM and the SRM operate at EU level, while deposit guarantee schemes (DGSs) are operated at national level; recognises that a European deposit insurance scheme (EDIS) would improve protection for depositors in the EU; calls, therefore, for the rapid approval and implementation of the EDIS as a means to complete the banking union and turn it into a more effective tool with a view to fully establishing the economic and monetary union;
Amendment 361 #
2021/2184(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes the ongoing discussion of various concepts for the EDIS; understands that this discussion should take account of Parliament's positions, of input from the European Central Bank and national central banks, which are highly qualified to give input, of the proposals from the European banks and other economic and financial agents involved, of experience from similar national tools and of good practices in this area put forward by third countries; insists, however, that this discussion process should, out of necessity, be fast and focused on the key aspects with a view to the reasonably rapid adoption of the EDIS;
Amendment 13 #
2021/2097(INI)
Motion for a resolution
Recital B
Recital B
Amendment 50 #
2021/2097(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the European Parliament stands for high standards of cooperation between Member States regarding taxation, in order to protect and safeguard the integrity of the Single Market; whereas any legislative initiative must respect the European institutional framework and the set of EU competences on the matter; whereas the European Parliament respects the principle of national tax sovereignty;
Amendment 59 #
2021/2097(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the agreement reached by the G20/OECD Inclusive Framework on a two-pillar reform, including a global minimum effective tax rate; considers this an important step towards ending the practice of shifting profits to low-tax jurisdictions; regretnotes the fact that the scope is limitfocused ton multinational enterprises with a global consolidated turnover of at least EUR 750 million;
Amendment 74 #
2021/2097(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the fact that base erosion and profit shifting are still ongoing and are facilitated by the tax regimes of certain Member States; recalls that the Commission, in the context of the European Semester and the assessment of the National Recovery and Resilience Plans, found that more reforms are needed in order to address aggressive tax planning in six Member States, where the absence or limited application of withholding taxes on outbound payments are likely to be misused for aggressive tax planning;
Amendment 96 #
2021/2097(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 118 #
2021/2097(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the inquiry and final report by the European Securities and Markets Authority into cum-ex, cum-cum and withholding tax reclaim schemes, as requested by Parliament; calls on the Commission to propose measures to link tax reclaims to the underlying distribution of dividends, or to entrust a single entity with resesent an impact assessment on possible solutions to tackle these schemes, namely the ponssibility for collecting the withholding tax and issuing the relevant certificateto link tax reclaims to the underlying distribution of dividends;
Amendment 146 #
2021/2097(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Encourages the development of a harmonised EU procedure for withholding tax refunds for all Member States, thereby addressing the concerns about regulatory discrepancies, in full respect of the EU competences on taxation;
Amendment 62 #
2021/2074(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the economic recovery effort must be enhanced by reforms on taxation that preserves taxpayers rights, reduces bureaucracy and aim to reduce the tax burden both on individuals and companies;
Amendment 75 #
2021/2074(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Member States to perform reforms on tax systems, taking advantage of the opportunities that come from the impact of european instruments that aim to support the economic recovery; stresses that these reforms must respect the european fiscal framework; recalls that these reforms are performed in full respect of national competences on tax matters, but a strong coordination between Member States results in significant added-value;
Amendment 183 #
2021/2074(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on the Member States to compromise on a strong, comprehensible and ambitious reform on indirect taxation, mainly on the Value Added Tax (VAT); stresses that reducing complexity and bureaucracy and properly address tax fraud and evasion on VAT is essential to preserve the integrity of the internal market;
Amendment 188 #
2021/2074(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on Member States to perform sound and robust reforms on the complexity of tax systems, with the aim to reduce bureaucracy, the administrative burden and the compliance costs; recalls that there is high added value on european cooperation on this matter and on the exchange of best practices between tax administrations;
Amendment 193 #
2021/2074(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Stands for high standards of respect for taxpayers rights, especially on privacy and data protection, in any political and legislative process regarding taxation;
Amendment 194 #
2021/2074(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15 d. Recalls that the european companies, especially Small and Medium Enterprises, are the main enhancers of economic growth and job creation; calls on Member States to perform reforms on taxation that significantly reduce the compliance costs for companies, simplifying procedures and eliminating the excess of bureaucracy; underlines that transparency rules are essential to guarantee high standards of compliance and combat tax fraud and evasion, but these rules must comprehend the preservation of european companies competitiveness; recalls that labour costs are significantly high in some Member States and the companies must be able to employ workers without excessive costs that can deter investment strategies;
Amendment 214 #
2021/2074(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Understands that this Tax Scoreboard must be build as an instrument to help Member States on performing sound and robust reforms on tax matters; rejects the idea of the use of this scoreboard to shame specific Member States; stands for a strong cooperation with current european platforms to build this scoreboard; understands that this new instrument can be useful for the European Semester process and, specifically, for the country specific recommendations;
Amendment 31 #
2021/2061(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, nevertheless, the Commission’s summer economic forecast shows a significant difference in the pace of recovery of the different Member States, with a disparity ranging from 2.7% to 7.4%; whereas these differences justify a country-specific approach, not only in recovery and resilience plans and in the implementation of the multiannual financial framework, but also in the application of budgetary rules;
Amendment 49 #
2021/2061(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas, furthermore, public debt values (absolute) and ratio to GDP values differ significantly from one country to another; whereas this reality pre-dated the pandemic and the consequences of the pandemic aggravated it; and whereas reduction pathways should be tailored to the specific reality of each country;
Amendment 117 #
2021/2061(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Favours a comprehensive review of the European Union’s economic governance framework, in particular with respect to the Stability and Growth Pact and the European Semester; calls, therefore, on the Commission to put forward specific proposals as soon as possible; favours the swift completion of this review process before the deactivation of the general escape clause and therefore before the end of 2022;
Amendment 170 #
2021/2061(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges Member States to implement their national recovery and resilience plans swiftly, transparently and competently, channelling funds allocated to boosting private investment, to supporting micro, small and medium- sized enterprises, and to modernising productive sectors, in particular those most affected by the pandemic; regrets, in this regard, the absorption of a large part of RRF funds by public administrations in some countries, a phenomenon that significantly reduces the capacity of businesses to finance projects;
Amendment 244 #
2021/2061(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Regrets the lack of specific responses from Member States to many of the recommendations received, which shows a serious disregard for the instrument of country-specific recommendations; takes the view, in this regard, that the economic governance framework has significant but complex flexibility mechanisms and that, therefore, it is important to simplify procedures and focus the European Semester on the essentials, relating to budgetary policy;
Amendment 247 #
2021/2061(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on Member States to adopt ambitious strategies for a progressive and swift reduction of budget deficits, safeguarding the investment policies required to respond to the current economic framework; expresses concern about the situation of Member States that achieve deficit levels by virtue of extraordinary measures (that have no impact on the following budgetary year) or policies of non-implementation of national budgets (budget blocking), which usually mean significant cuts to essential public services; advocates a structured, open and transparent dialogue between the Commission and Member States with high budget deficits to establish structural reduction pathways, with full safeguarding of sufficient funding to ensure the quality and accessibility of public services;
Amendment 286 #
2021/2061(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Agrees with the European Court of Auditors’ criticisms of the country- specific recommendations and stresses the need for these recommendations to take account of the actual economic and budgetary reality of each Member State and to be sufficiently specific for serious democratic scrutiny and more efficient implementation; believes, in this regard, that the Parliament should be called upon to play a more active role in the debate on these recommendations;
Amendment 292 #
2021/2061(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Reaffirms the need for country- specific recommendations to have an impact on structural reforms in Member States and reiterates the need, in this context, to have a short-, medium- and long-term outlook for each of the recommendations;
Amendment 35 #
2021/2013(INI)
Motion for a resolution
Recital A
Recital A
A. whereas health is fundamental to the well-being of Europeans and equitable access to healthcare is a pillar of the EU; whereas safe, affordable medicines are needed to combat all diseases; whereas patients should be at the centre of all health policies, alongside investment and research, and in every aspect of the medicine regulatory lifecycle;
Amendment 51 #
2021/2013(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the disruption of the global supply chain ensuing from the COVID-19 pandemic has highlighted the EU’s dependency on third countries in the health sector; whereas the EU's open strategic autonomy and security of supply should be ensured by diversification of supply chains for essential medicines and medicinal products, including European manufacturing sites, as well as by applying public procurement rules that should not consider price as the sole criterion;
Amendment 91 #
2021/2013(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas a competitive and resilient European research-based pharmaceutical industry is more responsive to patients’ needs and to strategic interest for public health, economic growth, jobs, trade, and scientific and technological progress;
Amendment 149 #
2021/2013(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the importance of improving patients and healthcare professionals’ education on medicines by setting up a dedicated Europe-wide online resource centre;
Amendment 150 #
2021/2013(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes the upcoming creation of the European Health Emergency Preparedness and Response Authority (HERA) and calls for the allocation of sufficient resources and power autonomy to broadly address all the cross-borders threats to health that EU could face in the middle term and beyond the sole COVID- 19 pandemic, including resources for the development of new therapeutics against viral and bacterial pathogens;
Amendment 175 #
2021/2013(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers the serious and constantly increasing risks of AMR to public health, environment, food production, and economic growth; recognises the value of public health campaigns aimed at the prevention of infections using vaccines;
Amendment 207 #
2021/2013(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to incorporate new criteria into the system of incentives for research into and the development of new medicines for unmet therapeutic needs, prioritising projects promoted by the pharmaceutical industry combating rare diseases, paediatric cancers (especially to incentivise First-in-Child development of paediatric anticancer medicines), neurodegenerative diseases and AMR, with the aim of finding more therapeutic options and meeting the needs of patients and health systems; calls on the Commission to promote the creation of an EU framework to guide and regularly evaluate the implementation of national plans to fight these diseases;
Amendment 247 #
2021/2013(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to promote dialogue with the Member States and stakeholders to assess new criteria for national pricing, such as whether a product is ‘Made in Europe’, whether the EU invested in the product to support research, or whether prices should be adapted to the value of the therapeutic benefit of the medicine, or whether it is a generic or biosimilar medicine, and the primary and broader needs of the population;
Amendment 256 #
2021/2013(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to apply public procurement rules that should not consider price as the sole and main selection criterion;
Amendment 310 #
2021/2013(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that cost savings generated from the use of biosimilars should be reinvested in a transparent and tangible way; calls on the European Commission to encourage Member States to support the transparent practices of biosimilar-related cost savings; calls on the European Commission to facilitate arrangements such as gainsharing programmes;
Amendment 319 #
2021/2013(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the Commission to ensure that EU funding for biomedical research and development includes clauses that contribute to the availability and affordability of final products;
Amendment 330 #
2021/2013(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the fact that the Commission will launch a pilot project to better understand the root causes of the delayed arrival of medicines on the market; further welcomes the fact that the Commission will continue to monitor mergers between pharmaceutical companies to avoid distortions of competition; stresses the need to reduce medicine approval times, setting a time limit for approval at national level, and align them with European Medicines Agency (EMA) times, in order to ensure rapid and equal access to medicines for everyone in the EU;
Amendment 339 #
2021/2013(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the benefits of public- private partnership tenders for national health systems in funding research into and the production of innovative medicines, only if driven by public interest considerations;
Amendment 398 #
2021/2013(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to create a High-Level Forum on Better Access to Medicines to identify multi-stakeholder solutions to introducing new health technologies that can broaden access, reduce delays and mitigate the impact of shortages;
Amendment 422 #
2021/2013(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Insists that a competitive EU pharmaceutical industry is strategic and more responsive to patients’ needs; points out that the industry needs a stable, flexible and agile regulatory environment; believes that it can thrive globally with a clear, robust and efficient intellectual property system; welcomes the initiative to build interoperable digital infrastructure for the European Health Data Space, which will integrate data from real-world evidence;
Amendment 434 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission to expand the role of EMA in the assessment of drug-device/diagnostic combination products to simplify the fragmented supervisory framework; believes that greater regulatory agility and efficiency can be achieved by adopting a more expertise-driven scientific assessment on marketing authorisations within the European Medicines Agency(EMA);
Amendment 459 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Calls on the Commission to legitimise EMA’s PRIME scheme and include a PRIME designation in the legislative framework;
Amendment 463 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Calls on the Commission to facilitate assessment processes that allow for early and iterative dialogue on data and evidence as they are generated; calls on the EMA and national medicine agencies to prioritise the submission of data from randomised controlled clinical trials that compare an investigational medicine against the standard treatment;
Amendment 471 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Requests the Commission to work with Member States to reduce fragmentation in the application of the General Data Protection Regulation, which substantially increases the complexity and burden of conducting clinical research in Europe;
Amendment 476 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12 e. Notes that decisions taken regarding the EU's pharmaceutical regulatory environment will have implications beyond Europe's borders, given that several third countries recognize and rely on EU requirements, particularly when it comes to the facilitation of exports and the waiving of requirements to test these in third countries when they come from the EU; therefore emphasizes the importance of maintaining such mutual recognition agreements with third countries and ensuring that these remain up to date;
Amendment 519 #
2021/2013(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the fact that gene and cell therapies, personalised medicine, nanomedicines and nanotechnology, next- generation vaccines, including the m-RNA derivatives, e-health and the ‘Million plus genomes’ initiative can bring enormous benefits in relation to the prevention, diagnosis, treatment and post-treatment of all diseases; urges the Commission to develop appropriate regulatory frameworks, to guide new business models, and to run information campaigns to raise awareness and encourage the use of these innovations;
Amendment 524 #
2021/2013(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recognises that ATMPs are fundamentally different from traditional pharmaceuticals as they address the root causes of disease and that their fundamental durability and potential curative nature can allow them to be the future of medicine; acknowledges that regulatory bodies such as the EMA are set to review and approve dozens of ATMPs over the coming years, underlining the need for the Commission to establish in addition to its ATMP Action Plan a robust regulatory landscape that facilitates access for all the eligible European patients, and to continue to build on Europe’s position as a major player in ATMPs in order for Europe to remain globally competitive in ATMP development;
Amendment 527 #
2021/2013(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to establish a coordinating body to facilitate cross-border treatments and to ensure that patients across Europe enjoy equitable access to innovative therapies; urges the Commission to work with the EMA to create a one-stop-shop for ATMP developers to seek guidance and communication on their applications;
Amendment 528 #
2021/2013(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Calls on the Commission to establish a regulatory framework for nanomedicines and nanosimilars, and calls for these products to be approved through a compulsory centralised procedure;
Amendment 618 #
2021/2013(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Supports the Commission in its efforts to conduct a structured dialogue with players in the pharmaceutical value chain, public authorities, non-governmental patient and health organisations and the research community to address the root causes of shortages of medicines and the weaknesses in the global medicines manufacturing and supply chain;
Amendment 659 #
2021/2013(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the need for the pharmaceutical industry to be environmentally friendly and climate- neutral throughout the life cycles of medicinal products; calls on the Commission to strengthen inspection and auditing throughout the production chain, particularly outside the EU; urges the Commission to ensure quality environmental sustainability standards for active pharmaceutical ingredients imported from non-EU countries; calls on the Commission to address the problem of domestic pharmaceutical waste, with measures to reduce packaging and the size of containers to ensure they are no larger than necessary, and to bring medical prescriptions into line with real therapeutic needs; notes that the creation of electronic systems of information and identification of packaging would be an effective way to reduce it; acknowledges steps taken already by the pharmaceutical industry like, for example, the Eco-Pharmaco- Stewardship initiative;
Amendment 7 #
2021/2010(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 entitled “Shaping Europe’s digital future” (COM/2020/67),
Amendment 12 #
2021/2010(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard the OECD/G20 Base Erosion and Profit Shifting Project Economic Impact Assessment on Tax Challenges Arising from Digitalisation publish in October 2020,
Amendment 32 #
2021/2010(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas uncoordinated and distinct Digital Service Taxes, introduced by Member States, with different taxation rules and criteria, increases fragmentation within the European Single Market, creates more tax uncertainty and have less efficiency when compared with a common solution on the European level;
Amendment 33 #
2021/2010(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas measures taken unilaterally by the Member States are susceptible to increase international trade disputes, which can affect both digital and non-digital businesses within the European Single Market;
Amendment 39 #
2021/2010(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas digital businesses rely heavily on intangible assets, particularly through the use and monetisation of user data, to create content, and this creation of value is not captured by the current tax systems; whereas this phenomena misaligns the place of value creation with the place of taxation;
Amendment 42 #
2021/2010(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. whereas the lack of an international agreement or an European regulation on digital taxation is an obstacle for a more competitive and growth friendly business environment within the Digital Single Market;
Amendment 46 #
2021/2010(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
I c. whereas the severe economic crisis that the European Union is facing require modern and intelligent tax policies that allow Member States to collect, in a more efficient and effective way, taxes due for activities pursued within the Single Market;
Amendment 55 #
2021/2010(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the current rules date back to the early 20th century, and are mainly based on physical presence; points out that digitalised companies can engage in significant business activities in a jurisdiction without physical presence there, and therefore taxes paid in one jurisdiction no longer reflect the value and profits created there; regrets that the traditional concept of permanent establishment fails to cover the new aspects of digital businesses, and underlines the need to define virtual permanent establishment, bearing in mind where value is captured; stresses that users of online platforms and consumers of digital services cannot be shifted outside a jurisdiction in the same way as capital and labour, and should therefore be the basis for the definition of a new tax nexus in order to provide an effective remedy against aggressive planning and tax avoidance;
Amendment 66 #
2021/2010(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Regrets the shortcomings of the international tax system, which is unfit for properly addressing the challenges of globalisation and digitalisation; highlights the need for the recognition of user participation as source of taxable value and calls for an international agreement aiming for a fair and effective tax system;
Amendment 74 #
2021/2010(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the need to address the under-taxation of the digital economy, when compared to the traditional economy, while ensuring a fair distribution of taxing rights among all countries where the value creation of multinational digital companies takes place;
Amendment 92 #
2021/2010(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recognizes the rapid digitalisation of most economic sectors and the need for a future-proof tax system, that does not ring-fence the digital economy, but ensures a fair distribution of revenues across the different countries where value is created;
Amendment 94 #
2021/2010(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes the importance in distinguishing the role of both taxation and regulation, and that future digital tax policies should not be formulated to correct deficiencies in the digital economy, such as rents from monopoly power over information, being regulatory measures more appropriate instead;
Amendment 136 #
2021/2010(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recognizes the negative effects of international trade disputes, and regrets any shortfalls that might occur to other economic sectors due to retaliations that would not occur under an international agreement;
Amendment 142 #
2021/2010(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that the failure of the G20/OECD IF to find a solution in October 2020 will prolong the under-taxation of the digital economy; stresses that the COVID 19 pandemic has largely benefited digital businesses, mostly multinational digital companies that were able to scale their operations in minimum costs, and accelerated the transition to a digital economy, thereby re-emphasising the need to reform the current tax system in order to ensure a fair contribution from the digital economy;
Amendment 161 #
2021/2010(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists therefore that, regardless of the progress of the negotiations at the G20/OECD IF, the EU should stand ready to roll out its own solutions for taxing the digital economy by the end of 2021; calls on the Commission to present proposals by June 2021, while anticipating their compatibility with the reform by the G20/OECD IF to be agreed on; stresses the need to create a level playing field for providers of traditional services and digital services in the EU by ensuring that the latter are taxed at an adequate rate; invites the Commission to consider in particular introducing a European Digital Services Tax as a necessary first stepif a future international agreement is reached under the OECD/G20 IF, these European solutions should only be lifted immediately before the international implementation;
Amendment 163 #
2021/2010(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Emphasises that EU digital companies when being subjected to existing European corporate taxes, as their headquarters is located in a EU Member State, are in disadvantage when compared to foreign companies that although having operations with European users, do not have a “physical presence” in any Member State, and therefore are exempt from the corporate taxes; Stresses the need to create a level playing field for providers of traditional services and digital services in the EU by ensuring that the latter are taxed at an adequate rate; invites the Commission to consider in particular introducing a European Digital Services Tax as a necessary first step;
Amendment 167 #
2021/2010(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Stresses that any European Digital Services Tax must avoid unnecessary increases in compliance costs, providing clear definitions of taxable revenues and transparent provisions that are simple to abide and enforce, promoting legal and regulatory certainty; these must also include straightforward thresholds on the country-by-country economic revenue and user-based value creation to determine taxing rights, taking into consideration the size of each Member State market;
Amendment 168 #
2021/2010(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Calls for the adoption of proportionate rules to evade undermining SMEs, start-ups and companies that are engaged in the process of digitalising their businesses, as any further increase in their tax rates may stifle innovation and entrepreneurship; stresses that a growth-friendly tax policy aiming to strengthen the international competitiveness of the single market is needed;
Amendment 181 #
2021/2010(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Understands that some Member States consider the taxation of digital economy an urgent issue and have therefore introduced digital services taxes at national level; recalls that these national measures should be phased out once a multilateral solution is found; calls on Member States to refrain from introducing national solutions unilaterally, as they create a risk of fragmentation ofand tax uncertainty within the single market; recalls that although taxation is primarily a Member State competence, they must exercise it in coherence with the common principles of EU law in order to ensure coherence between national frameworks, thereby allowing for fair competition and avoiding a negative impact on the overall coherence of EU taxation principles;
Amendment 204 #
2021/2010(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Member States to deliver on the Commission’s related proposals and to relaunch a high level political dialogue, within the Council, to guarantee a swift and effective decision- making process regarding digital taxation within the Single Market, regardless of the outcome of international negotiations;
Amendment 208 #
2021/2010(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the Commission inception impact assessment on a Digital Levy of 14 January 2021; calls on the Commission to carefully assess how the scope, definition and segmentation of digital activities, transactions, services or companies will be in line with international efforts to find a global solution; acknowledges the three tax policy options mentioned in the inception impact assessment, and asks for a detailed assessment on the impacts each option would have both in the single market and any possible trade retaliations from other economic actors;
Amendment 210 #
2021/2010(INI)
14 a. Calls on the Commission to include in the impact assessment the impact a Digital Levy would have on the EU’s digital agenda, and to present a detailed plan to mitigate possible international trade disputes from the adoption of a European Digital Services Tax, and the possible spill over effects into other economic sectors;
Amendment 33 #
2021/0434(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The lack of an international instrument on the misuse of shell entities for tax purposes creates potential compliance, defence and overall tax costs for businesses that genuinely use entities with less substance to structure their investments according to geography, business divisions, or markets.
Amendment 42 #
2021/0434(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) To ensure a comprehensive approach, the rules should apply to all undertakings in the Union which are taxable in a Member State, regardless of their legal form and status, as long as they have their residence for tax purposes in a Member State and are eligible to obtain a certificate of tax residence in that Member State. This broad scope is, therefore, mitigated by a set of standards regarding the economic activity of the undertakings comprehended in this Directive.
Amendment 50 #
2021/0434(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) It would be fairis fair and proportionate to exclude from the envisaged rules undertakings whose activities are subject to an adequate level of transparency and therefore do not present a risk of lacking substance for tax purposes. Companies having a transferable security admitted to trading or listed on a regulated market or multilateral trading facility as well as certain financial undertakings which are heavily regulated in the Union, directly or indirectly, and subject to increased transparency requirements and supervision, should equally be excluded from the scope of this Directive. Pure holding undertakings which are situated in the same jurisdiction as the operational subsidiary and their beneficial owner(s) are not likely to serve the objective of obtaining a tax advantage either. Similar is the case of sub-holding undertakings which are situated in the same jurisdiction as their shareholder or ultimate parent entity. On this basis, they should also be excluded. Undertakings that engage an adequate number of persons, full-time and exclusively, in order to carry out their activities should equally not be considered to lack minimal substance. While they are not reasonably expected to pass the gateway criterion, they should be excluded explicitly for purposes of legal certainty.
Amendment 52 #
2021/0434(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) To facilitate implementation of this Directive, undertakings comprehended in the scope of this Directive and at risk of being found to lack substance and used with the main objective of obtaining a tax advantage should declare, in their annual tax return, that they possess a minimum level of resources such as, namely people and premises in the Member State of tax residence, and provide documentary evidence if that is the caswhen necessary and adequate. While it is recognised that different activities may require a different level or type of resources, a common minimum level of resources would be expected under all circumstances. This assessment should solely aim at identifying the substance of undertakings for tax purposes and does not question the role that “trust or company service providers”, as defined in Directive (EU) 2015/849 of the European Parliament and of the Council12, have in the identification of money laundering, its predicate offences and terrorist financing. Conversely, the absence of a minimum level of resources may be considered to indicate a lack of substance where an undertaking is already at risk of being found to lack substance for tax purposes. To ensure compatibility with relevant international standards, a common minimum level should draw on the existing Union and international standards on substantial economic activity in the context of preferential tax regimes or in the absence of corporate taxation13 , as developed in the context of the Forum on Harmful Tax Practices. It is necessary to provide for submission of documentary evidence with the tax return in support of the declaration of the undertaking that it disposes a minimum of resources. It is also necessary in order to allow the administration to form a view based on the facts and circumstances of the undertaking and decide whether to initiate an audit procedure, when such diligence is legally necessary and proportionate. __________________ 12 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73). 13 General Secretariat of the Council, 9637/18 FISC 241 ECOFIN 555, Code of Conduct (Business Taxation), Guidance on the interpretation of the third criterion; OECD/G20 Base Erosion and Profit Shifting Project, Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance, Action 5: Final Report.
Amendment 54 #
2021/0434(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) To ensure tax certainty and stability, it is imperative to lay down common rules on the content of undertakings’ declarations. Undertakings that pass the gateway criterion and are consequently subject to reporting requirements should be presumed not to have sufficient substance for tax purposes if they also declare not to possess one or more of the elements that cumulatively constitute a minimum level of substance, or do not provide the required supporting evidence. Undertakings that declare to possess all the elements of the minimum level of substance and provide the required supporting documentation should instead be presumed to have minimal substance for tax purposes and should incur no further obligations and consequences under this Directive. This, however, should be without prejudice to any applicable law and the right of the administration to perform an audit, including on the basis of the supporting documentation, and possibly, arrive at a different conclusion.
Amendment 56 #
2021/0434(CNS)
Proposal for a directive
Recital 10
Recital 10
(10) It is recognisednatural to consider that whether an undertaking is actually performing economic activities relevant for tax purposes or serves mainly tax avoidance or evasion purposes, but such evaluation is ultimately a matter of facts and circumstances. This should be assessed on a case by case basis in respect of each specific undertaking. Therefore, undertakings presumed not to have minimal substance for tax purposes should be entitled to prove the contrary, including to prove that they do not serve primarily tax objectives, and rebut such presumption. After fulfilling their reporting obligations under this Directive, they should provide additionalthe necessary information to the administration of the Member State where they reside for tax purposes, in accordance with the national legal tax framework. While they may provide any additional information that they deem appropriate, it is essential to set common requirements of what may constitute appropriate additional evidence and should thus be required in all cases. Where the Member State, based on such additional evidence, considers that an undertaking has rebutted a presumption of lack of substance in a satisfactory manner, it should be able to issue a decision to certify that the undertaking has minimal substance for tax purposes in accordance with this Directive. Such decision may remain valid for the period during which factual and legal circumstances of the undertaking remain unchanged and up to 6 years from the time the decision is issued. This will allow to limit the resources allocated to cases that have been evidenced not to be a shell for the purposes of the Directive.
Amendment 58 #
2021/0434(CNS)
Proposal for a directive
Recital 11
Recital 11
(11) As the objective of this Directive is to prevent tax avoidance and evasion that are likely to flourish through actions by undertakings without minimal substance, and in order to ensure tax certainty and enhance the proper functioning of the internal market, it is paramount to provide for a possibility of exemptions for undertakings which meet the gateway criterion but yet whose interposition has no actual advantageous impact on the overall tax position of the undertaking’s group or of the beneficial owner(s). For that reason, such undertakings should be entitled to request the administration of the Member State, where they reside for tax purposes, to issue a decision which exempts them from complying with the proposed rules altogether and upfront. Such exemption should also be limited in time, to allow the administration to verify on a regular basis that the factual and legal circumstances justifying the exemption decision remain valid. At the same time a potential extended duration of such decision will allow to limit the resources allocated to cases that should be exempt from the scope of the Directive.
Amendment 74 #
2021/0434(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) As the proper implementation and enforcement of the proposed rules in each Member State is critical for the protection of other Member States’ tax base, such implementation and enforcement should be monitored by the Commission. Member States should therefore communicate to the Commission on a regular basis, specific information, including statistics, on the implementation and enforcement in their territory of national measures adopted pursuant to this Directive. This exchange of information must be performed with high standards of data protection.
Amendment 75 #
2021/0434(CNS)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The implementation of this Directive must pursue the goal of closing the window of opportunities for tax evasion and avoidance through the misuse of shell entities; this objective must be fulfilled in full respect for the highest standards of accessibility, simplification and transparency; the additional tax obligations to be imposed through the implementation of this Directive must be proportionate and do not lead to overreporting, increasing the administrative burden and the compliance costs for European businesses.
Amendment 82 #
2021/0434(CNS)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall require that undertakings meeting the following cumulative criteria to report to the competent authorities of Member States in accordance with Article 7:
Amendment 116 #
2021/0434(CNS)
Proposal for a directive
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
(e) undertakings with at least five ownthree full-time equivalent employees or members of staff exclusively carrying out the activities generating the relevant income or day-to- day activities of the undertaking;
Amendment 123 #
2021/0434(CNS)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the undertaking has own premises in the Member State, or premises for its exclusive use or premises shared with entities of the same group;
Amendment 125 #
2021/0434(CNS)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the undertaking has at least one own and active bank account in the Union through which the relevant income is received;
Amendment 130 #
2021/0434(CNS)
Proposal for a directive
Article 7 – paragraph 1 – point c – point i – point 2
Article 7 – paragraph 1 – point c – point i – point 2
(2) are qualified and authorised to take decisions in relation to the activities that generate relevant income for the undertaking or in relation to the undertaking’s assets;
Amendment 135 #
2021/0434(CNS)
Proposal for a directive
Article 7 – paragraph 1 – point c – point ii
Article 7 – paragraph 1 – point c – point ii
(ii) the majoritymore than 33% of the full-time equivalent employees of the undertaking are resident for tax purposes in the Member State of the undertaking, or at no greater distance from that Member States insofar as such distance is compatible with the proper performance of their duties, and such employees are qualifientitled to carry out the activities that generate relevant income for the undertaking.
Amendment 150 #
2021/0434(CNS)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the appropriatenecessary measures to allow undertakings that are presumed not to have minimum substance under Article 8(2) to rebut this presumption, without undue delay and excessive administrative costs, by providing any additional supporting evidence of the business activities which they perform to generate relevant income.
Amendment 152 #
2021/0434(CNS)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) a document allowing to ascertain the commercial rationale behind the establishment of the undertaking; in the Member State where the activity is performed; or
Amendment 153 #
2021/0434(CNS)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) information about the employee profiles, includingnamely the level of their experience, their decision-making power in the overall organisation, role and position in the organisation chart, the type of their employment contract, their qualifications and duration of employment;, safeguarding high levels of data protection and privacy; or
Amendment 155 #
2021/0434(CNS)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. The Member State shall consider the request for the rebuttal of the presumption within a period of 6 months after the introduction of the request and it shall be considered as accepted in the absence of answer from the Member State after the 6-month period.
Amendment 158 #
2021/0434(CNS)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. A Member State shall take the appropriatenecessary measures to allow an undertaking that meets the criteria laid down in Article 6(1) to request, without undue delay and excessive administrative costs, an exemption from its obligations under this Directive if the existence of the undertaking does not reduce the tax liability of its beneficial owner(s) or of the group, as a whole, of which the undertaking is a member.
Amendment 161 #
2021/0434(CNS)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The Member State shall consider the exemption request within a period of 6 months after the introduction of the request and it shall be considered as accepted in the absence of answer from the Member State after the 6-month period.
Amendment 53 #
2021/0433(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) This political objective has been translated into the Global Anti-Base Erosion Model Rules (GloBE Model Rules) approved on 14 December 2021 by the OECD/G20 Inclusive Framework on BEPS to which Member States have committed. In the Council Conclusions of 7 December 20218 , the Council reiterated its firm support of the global minimum tax reform and committed to a swift implementation of the agreement by means of Union legislation. In this context, it is essential that Member States effectively implement their commitment to achieve a global minimum level of taxation, in order to ensure a fair tax competition in the international framework. _________________ 8 Council Conclusions 14767/21 of 7 December 2021
Amendment 57 #
2021/0433(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) In a Union of closely integrated economies, it is crucial that the global minimum tax reform is implemented in a sufficiently coherent and coordinated fashion. Considering the scale, detail and technicalities of those new international tax rules, only a common Union framework would prevent a fragmentation of the internal market in the implementation of them. Moreover, a common framework, designed to be compatible with the fundamental freedoms guaranteed by the Treaty, would provide taxpayers with legal certainty when implementing the rules. It is, therefore, essential to guarantee that Member States apply these provisions in an effective way and that the corporate taxation systems, after the necessary changes, can remain stable and certain, providing companies and taxpayers with certainty and long-term perspetives to promote investment, growth and jobs creation.
Amendment 87 #
2021/0433(CNS)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) The significant changes on tax systems within the EU require the provision of a review clause that guarantees that the application of this Directive is subject to a proper evaluation after five years of enforcement.
Amendment 99 #
2021/0433(CNS)
Proposal for a directive
Recital 22
Recital 22
(22) The rules for the application of the UTPR should apply as of 1 January 20245 to allow third country jurisdictions to apply the IIR in the first phase of the implementation of the GloBE Model Rules.
Amendment 136 #
2021/0433(CNS)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. A constituent entity other than a flow-through entity shall be deemed to be located in the jurisdiction where it is considered as resident for tax purposes based on its place of management, its place of creation or similar criteria. that must be systematically coherent with this Directive and the GloBE rules.
Amendment 209 #
2021/0433(CNS)
Proposal for a directive
Article 44 – paragraph 2
Article 44 – paragraph 2
2. A constituent entity that does not comply with the requirement to file a top- up tax information return pursuant to Article 42 for a tax year within the prescribed deadline or makes a false declaration shall be charged an administrative pecuniary penalty amounting to 5 % of its turnover in the relevant fiscal year. This penalty shall only apply after the constituent entity has not provided the top-up tax information return pursuant to Article 42, following any reminder issued, within a period of 6 months. National tax authorities can provide, under request from the constituent entity, presented until the end of the 6 months period, a grace period of no more than 2 months to file the top-up tax information return, when justified.
Amendment 223 #
2021/0433(CNS)
Proposal for a directive
Article 47 – paragraph 4 – subparagraph 1
Article 47 – paragraph 4 – subparagraph 1
For MNE groups that are within the scope of this Directive when it enters into force, the five-year period referred to in paragraph 1 shall start on 1 January 20234.
Amendment 225 #
2021/0433(CNS)
Proposal for a directive
Article 47 – paragraph 4 – subparagraph 2
Article 47 – paragraph 4 – subparagraph 2
For MNE groups that are within the scope of this Directive when it enters into force, the five-year period referred to in paragraph 2 shall start on 1 January 20245.
Amendment 232 #
2021/0433(CNS)
Proposal for a directive
Article 50 – paragraph 2
Article 50 – paragraph 2
2. For large-scale domestic groups that are in scope of this Directive when it enters into force, the five-year period abovementioned shall start on 1 January 20234.
Amendment 254 #
2021/0433(CNS)
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 20223.
Amendment 257 #
2021/0433(CNS)
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
They shall apply those provisions from 1 January 20234.
Amendment 259 #
2021/0433(CNS)
Proposal for a directive
Article 55 – paragraph 4
Article 55 – paragraph 4
Amendment 262 #
2021/0433(CNS)
Proposal for a directive
Article 55 a (new)
Article 55 a (new)
Article 55 a Review Clayse By … [five years after the entry into force of this Directive], the Commission shall report to the Council and the Parliament on its application by Member States. The report must perform a general evaluation of the implementation of the rules provisioned in this Directive and refer, concretely: a) an assessment on the impact of the directive on Member States tax revenue; b) an assessment on the impact of the rules on the European companies competitiveness, mainly on investment strategies, possible relocations, compliance costs, administrative burden and double taxation issues; c) an evaluation on the international tax context on corporate taxation matters, in particular regarding the implementation of the GloBE Model Rules by third jurisdictions, namely on the implementation of qualified income inclusion rules in accordance with article 51 criteria; d) an evaluation on the need to propose negotiations to change specific GloBE Moder Rules, having the EU Member States experience and the global context in regard.
Amendment 148 #
2021/0385(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Competition among consolidated tape providers ensures that the consolidated tape is provided in the most efficient way and under the best conditions for users. However, no entity has, up until now, applied to act as a consolidated tape provider. It is therefore considered appropriate to empower ESMA to periodically organise a competitive selection procedure to select a single entity which is able to provide the consolidated tape for each specified asset class. Taking into account the novelty of the proposed scheme, ESMA should only mandate the provision of post-trade transparency data with a 1 minute delay period for the first selection procedure that it runs in relation to shares. At least 18 months before the launch of the second selection procedure, ESMA should submit a report to the Commission assessing whether there is market demand for extending the data contributed to the tape to pre-trade data. On the basis of such a report, the Commission should be empowered, by way of a delegated act, to further specify the depth of pre-trade data to the tape. the provision of the post-trade consolidated tape in real-time or in a close to real-time period, taking into account a reliable evaluation of the provisions of this Regulation. The Commission shall also conduct a detailed impact assessment of the consequences of the consolidated tape on exchange's revenues. The application of a potential real-time post-trade tape may be evaluated if ESMA is able to demonstrate, through an exhaustive impact assessment, that a consolidated tape containing real-time post-trade data will not have significant impact on the exchange's revenues. On the basis of such a report, the Commission should be empowered, by way of a delegated act, to further specify the timeline for the provision of a real-time or close to real-time post-trade data to the consolidated tape where appropriate.
Amendment 186 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36b – point a – point i
Article 2 – paragraph 1 – point 36b – point a – point i
Amendment 195 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36b – point a – point ii
Article 2 – paragraph 1 – point 36b – point a – point ii
(ii) the transaction price and volume executed at the stated price, including trades concluded during intraday and end of day auctions;
Amendment 197 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36b – point a – point iii
Article 2 – paragraph 1 – point 36b – point a – point iii
Amendment 200 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36b – point a – point iv
Article 2 – paragraph 1 – point 36b – point a – point iv
Amendment 228 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 390 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 3
Article 27da – paragraph 3
3. The first selection procedure organised for shares shall only invite bids for the provision of a consolidated tape containing1 minute delayed post -trade dataconsolidated tape. Prior to subsequent selection procedures, ESMA shall assess market demand and revenue impacts on regulated markets and based on that assessment, report to the Commission on the opportunity of adding best bids and offers and corresponding volumes to thereal-time or close to real-time post-trade data to the consolidated tape. Based on that report and on the experience gained further to the first selection procedure, the Commission is empowered to adopt a delegated act specifying the appropriate level of pre- timeline for the provision of real-time or close to real-time post-trade data to bthe contributed to the CTPsolidated tape, if and where appropriate.
Amendment 396 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 4
Article 27da – paragraph 4
4. The selection of the CTP for shares shall, in addition to the criteria in paragraph 2, consider the revenue participation scheme, and in particular the formula, applicable to regulated markets that are market data contributors. ESMA shall, when considering the competing tenders, select the CTP for shares that offers the revenue participation scheme that provides regulated markets, in particular smaller regulated marketsthat (a) ensures a fair and just minimum compensation for (i) costs incurred in complying with their obligations under article 22a, article 22b and article 22c and (ii) revenue losses as a result of the consolidated tape offering a substitute to the exchanges market data licenses and (b) offers the revenue participation scheme that provides fair and just compensation for the data contributed to the tape, with the highest amount of revenue that remains for distribution once deducted operating costs and a reasonable margin. This revenue shall be distributed in accordance with Article 27h(1)(c), and in a manner commensurate to the market data contributed according to Article 22a.
Amendment 409 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 6
Article 27da – paragraph 6
6. The selected CTPs shall comply at all times with the organisational requirements set out in Article 27h and with the conditions set out in the decision of ESMA authorising the CTP referred to in paragraph 3. A CTP that is no longer able to comply with those requirements and conditions, including the requirements and conditions on system disruptions and intrusions, shall inform ESMA thereof without undue delay. In such case, ESMA shall withdraw the authorization referred to in Article 27e.
Amendment 412 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 7
Article 27da – paragraph 7
7. The withdrawal of the authorisation referred to in Article 27e shall only take effect either (a) as of the moment that a new CTP has been selected and authorised in accordance with paragraphs 1 to 4 or (b) if the consolidated tape has not complied with the organizational requirements set out in Article 27h for more than 6 months.
Amendment 324 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b – point ii
Article 1 – paragraph 1 – point 8 – point b – point ii
Directive 2011/61/EU
Article 21 – paragraph 11 – subparagraph 5
Article 21 – paragraph 11 – subparagraph 5
Amendment 446 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point y
Article 1 – paragraph 1 – point 1 – point y
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 151
Article 4 – paragraph 1 – point 151
(151) ‘revolving exposure’ means any exposure whereby the borrower’s outstanding balance is permitted to fluctuate based on its decisions to borrow and repay, up to an agrepproved limit;
Amendment 449 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point y
Article 1 – paragraph 1 – point 1 – point y
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 152 – point a
Article 4 – paragraph 1 – point 152 – point a
(a) an exposure for which, on a regular basis of at least every 12 months, the balance to be repaid at the next scheduled repayment date is determined as the drawn amount or an instalment at a predefined reference date, with a scheduled repayment date not later than after 12 months, provided that the balance has been repaid in full at each scheduled repayment date for the previous 12 months;
Amendment 512 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) No 575/2013
Article 49 – paragraph 4 – subparagraph 2
Article 49 – paragraph 4 – subparagraph 2
The holdings in respect of which deduction is not made in accordance with paragraphs 2 or 3 shall qualify as exposures and shall be risk weighted at 10075 %.;
Amendment 514 #
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 – introductory part
Article 84 – paragraph 1 – point a – introductory part
(a) the Common Equity Tier 1 capital of the subsidiary minus the lower of the following: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 525 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Amendment 536 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Amendment 546 #
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 – introductory part
Article 85 – paragraph 1 – point a – introductory part
(a) the Tier 1 capital of the subsidiary minus the lower of the following: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 554 #
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
Article 85 – paragraph 1 – point a – point i
Amendment 569 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No575/2013
Article 85 – paragraph 1 – point a – point ii
Article 85 – paragraph 1 – point a – point ii
Amendment 580 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new)Regulation (EU) No 575/2013
Article 1 – paragraph 1 – point 20 a (new)Regulation (EU) No 575/2013
Article 87 – paragraph 1 – point a
(20 a) in article 87(1), point (a) is replaced by the following: (a) the own funds of the subsidiary minus the lower of the following: (i) the amount of own funds that relates tof the subsidiary that is required to meet the following: —on a consolidated basis to meet the sum of the requirement laid down in point (c) of Article 92(1) of this Regulation, the requirements referred to in Articles 458 and 459 of this Regulation, the specific own funds requirements referred to in Article 104 and 104a of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of that Directive, and any additional local supervisory regulations in third countries, — where the subsidiary is an investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in point (a) of Article 39(2) of Directive (EU) 2019/2034, and any additional local supervisory regulations in third countries; (ii) the amount of own funds that relates to the subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in point (c) of Article 92(1) of this Regulation, the requirements referred to in Articles 458 and 459 of this Regulation, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of that Directive, and any additional local supervisorythe 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 requirement in third countries;s.
Amendment 1046 #
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 314 –paragraph 2 – subparagraph 3
Article 314 –paragraph 2 – subparagraph 3
IC = the interest component, determined at jurisdiction level, which is the institution’s interest income from all financial assets and other interest income, including finance income from financial and income from operating leases and profits from leased assets, minus the institution’s interest expenses from all financial liabilities and other interest expenses, including interest expense from financial and operating leases, depreciation and impairment of, and losses from, operating leased assets, calculated as the annual average of the absolute values of the difference over the previous three financial years;
Amendment 1048 #
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 314 – paragraph 2 – subparagraph 4
Article 314 – paragraph 2 – subparagraph 4
AC = the asset component, determined at jurisdiction level, which is the sum of the institution’s total gross outstanding loans, advances, interest bearing securities, including government bonds, and lease assets, calculated as the annual average over the previous three financial years on the basis of the amounts at the end of each of the respective financial years;
Amendment 1082 #
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 1403 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495a – paragraph 3
Article 495a – paragraph 3
3. By way of derogation from Article 133, institutions may continue to assign the same risk weight that was applicable as of [OP please insert the date = one day before the date of entry into force of this amending Regulation] to equity exposures to entities of which they have been a shareholder at [adoption date] for six consecutive years and over which they exercise significant influence or control in the meaning of Directive 2013/34/EU, or the accounting standards to which an institution is subject under Regulation (EC) No 1606/2002, or a similar relationship between any natural or legal person and an undertaking or when an institution is in the capacity to name at least one member of the management body of the entity.
Amendment 166 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b a (new)
Article 1 – paragraph 1 – point 4 – point b a (new)
Directive 2013/36/EU
Article 21a – paragraph 4 – subparagraph 2
Article 21a – paragraph 4 – subparagraph 2
(b a) in paragraph 4, subparagraph 2 is replaced by the following: Financial holding companies or mixed financial holding companies exempted from approval in accordance with this paragraph shall not be excluded from the perimeter of consolidation as laid down in this Directive and in Regulation (EU) No 575/2013. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013L0036-20220101, unless the competent authority identifies, upon request of the financial holding company or mixed financial holding company, a composition of the group different from the one designated. The financial holding company or mixed financial holding company may not be considered a parent company where the competent authorities verify that the following conditions are met: i) the company has a statutory prohibition to assume management and coordination functions; ii) the company has no significant equity investments other than that in the company or bank as referred to in the following paragraph; iii) there is a bank or another company that is allowed and declares to exercise the management and coordination functions.’ Or. en
Amendment 324 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 66 – paragraph 2 – point c – point iv
Article 66 – paragraph 2 – point c – point iv
(iv) subject to Article 65(2), a temporary or a definitive ban of a member of the institution's management body or any other natural person who is held responsible for the infringement from exercising functions in the institution.
Amendment 328 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Directive 2013/36/EU
Article 67 – paragraph 2 – point c – point iv
Article 67 – paragraph 2 – point c – point iv
(iv) subject to Article 65(2), a temporary or a definitive ban of a member of the institution's management body or any other natural person who is held responsible for the infringement from exercising functions in the institution;
Amendment 230 #
2021/0250(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Specific money laundering and terrorist financing threats, risks and vulnerabilities affecting certain economic sectors at national level diminish in distinct manners Member States ability to contribute to the integrity and soundness of the Union financial system. As such, it is appropriate to allow Member States, upon identification of such sectors and specific risks to decide to apply AML/CFT requirements to additional sectors than those covered by Regulation [please insert reference – proposal for Anti-Money Laundering Regulation]. With a view to preserving the effectiveness of the internal market and the Union AML/CFT system, the Commission should be able, with the support of AMLA, to assess whether the intended decisions of the Member States to apply AML/CFT requirements to additional sectors are justified. In cases where the best interests of the Union would be achieved at Union level as regards specific sectors, the Commission should inform that Member State that it intends to take action at Union level instead and the Member State should abstain from taking the intended national measures.
Amendment 233 #
2021/0250(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In light of the specific anti-money laundering vulnerabilities that have been witnessed in therelated to electronic money issuing, the payment services and the crypto-assets service providing industry, it should be possible for Member States to require that those providers established on their territory in forms other than a branch and the head office of which is situated in another Member State appoint a central contact point. Such a central contact point, acting on behalf of the appointing institution, should ensure the establishments' compliance with AML/CFT rules.
Amendment 238 #
2021/0250(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The Member States remain the best placed to identify, assess, understand and decide how to mitigate risks of money laundering and terrorist financing affecting them directly. Therefore, each Member State should take the appropriate steps in an effort to properly identity, assess and understand its money laundering and terrorist financing risks, as well as risks of non-implementation and evasion of targeted financial sanctions and to define a coherent national strategy to put in place actions to mitigate those risks. Such national risk assessment should be updated regularly and should include a description of the institutional structure and broad procedures of the Member State's AML/CFT regime, as well as the allocated human and financial resources to the extent that this information is available. Such national risk assessment should be made available, when appropriate, to the public.
Amendment 242 #
2021/0250(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In addition, to identify, understand, manage and mitigate risks at Union level to an even greater degree, Member States should make available the results of their risk assessments to each other, to the Commission and to AMLA. When appropriate, this risk assessment should be made public. In order to respect privacy and protect personal data, the results of risk assessments should only be made available to the extent that the data provided is the minimum level of data necessary for the carrying out of AML/CFT duties.
Amendment 258 #
2021/0250(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The accuracy of data included in the beneficial ownership registers is fundamental for all of the relevant authorities and other persons allowed access to that data, and to make valid, lawful decisions based on that data. Therefore, where sufficient reasons arise, after careful analysis by the registrars, to doubt the accuracy of the beneficial ownership information held by the registers, legal entities and legal arrangements should be required to provide additional information on a risk-sensitive basis. In addition, it is important that Member States entrust the entity in charge of managing the registers with sufficient powers and resources to verify beneficial ownership and the veracity of information provided to it, and to report any suspicion to their FIU. Such powers should extend to the conduct of inspections at the premises of the legal entities. Member States should ensure that entities in charge of the central registers verify, at the time of submission of the beneficial ownership information, that the given information is accurate.
Amendment 282 #
2021/0250(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Moreover, with the aim of ensuring a proportionate and balanced approach and to guarantee the rights to private life and personal data protection, it should be possible for Member States to provide for exemptions to the disclosure of the personal information on the beneficial owner through the registers of beneficial ownership information and to access to such information, in exceptional circumstances, where that information would expose the beneficial owner to a disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation. It should also be possible for Member States to require online registration in order to identify any person who requests information from the register, as well as the payment of a proportionate and adequate fee for access to the information in the register.
Amendment 290 #
2021/0250(COD)
Proposal for a directive
Recital 40
Recital 40
(40) In order to respect privacy and protect personal data, the minimum data necessary for the carrying out of AML/CFT investigations should be held in centralised automated mechanisms for bank and payment accounts, such as registers or data retrieval systems. It should be possible for Member States to determine which data it is useful and proportionate to gather, taking into account the systems and legal traditions in place to enable the meaningful identification of the beneficial owners. When transposing the provisions relating to those mechanisms, Member States should set out retention periods equivalent to the period for retention of the documentation and information obtained within the application of customer due diligence measures. It should be possible for Member States, when necessary, to extend the retention period on a general basis by law, without requiring case-by- case decisions. The additional retention period should not exceed an additional five years. That period should be without prejudice to national law setting out other data retention requirements allowing case- by-case decisions to facilitate criminal or administrative proceedings. Access to those mechanisms should be on a need-to- know basis.
Amendment 305 #
2021/0250(COD)
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46a) FIUs should cooperate with each other to the greatest extent possible. FIUs, however, should be able to refuse to exchange information with another FIU if, and only when, that exchange is contrary or poses a threat to fundamental principles of the national law.
Amendment 308 #
2021/0250(COD)
Proposal for a directive
Recital 48
Recital 48
(48) The vast majority of FIUs have been granted the power to take urgent action and suspend or withhold consent to a transaction in order to analyse it, confirm the suspicion and disseminate the results of the analytical activities to the competent authorities. However, there are certain variations in relation to the duration of the postponement powers across the different Member States, with an impact not only on the postponement of activities that have a cross-border nature through FIU-to-FIU cooperation, but also on individuals’ fundamental rights. Furthermore, in order to ensure that FIUs have the capacity to promptly restrain criminal funds or assets and prevent their dissipation, also for seizure purposes, FIUs should be granted the power to suspend, for the necessary and adequate period of time, the use of a bank or payment account in order to analyse the transactions performed through the account, confirm the suspicion and disseminate the results of the analysis to the competent authorities. Given that postponement powers have an impact on the right to property, the preservation of affected persons’ fundamental rights should be guaranteed.
Amendment 314 #
2021/0250(COD)
Proposal for a directive
Recital 51
Recital 51
(51) FIUs should use secure facilities, including protected channels of communication, to cooperate and exchange information amongst each other. In this respect, a fully encrypted, safe and secure system for the exchange of information between FIUs of the Member States (‘FIU.net’) should be set up. The system should be managed and hosted by AMLA. The FIU.net should be the only system used by FIUs to cooperate and exchange information amongst each other and may also be used, where appropriate, to exchange information with FIUs of third countries and with other authorities and Union bodies. The functionalities of the FIU.net should be used by FIUs to their full potential. Those functionalities should allow FIUs to match their data with data of other FIUs in an anonymous way with the aim of detecting subjects of the FIU's interests in other Member States and identifying their proceeds and funds, whilst ensuring full protection of personal data.
Amendment 316 #
2021/0250(COD)
Proposal for a directive
Recital 54
Recital 54
(54) The movement of illicit money traverses borders and may affect different Member States. The cross-border cases, involving multiple jurisdictions, are becoming more and more frequent and increasingly significant, also due to the activities carried out by obliged entities on a cross-border basis. In order to deal effectively with cases that concern several Member States, FIUs should be able to go beyond the simple exchange of information for the detection and analysis of suspicious transactions and activities and share the analytical activity itself. FIUs have reported certain important issues which limit or condition the capacity of FIUs to engage in joint analysis. Carrying out joint analysis of suspicious transactions and activities will enable FIUs to exploit potential synergies, to use information from different sources, to obtain a full picture of the anomalous activities and to enrich the analysis. FIUs should be able to conduct joint analyses of suspicious transactions and activities and to set up and participate in joint analysis teams for specific purposes and limited period with the assistance of AMLA. The participation of third parties may be instrumental for the successful outcome of joint analyses. Therefore, FIUs may invite, when necessary and adequate, third parties to take part in the joint analysis where such participation would fall within the respective mandates of those third parties.
Amendment 318 #
2021/0250(COD)
Proposal for a directive
Recital 55
Recital 55
(55) Effective supervision of all obliged entities is essential to protect the integrity of the Union financial system and of the internal market. To this end, Member States should deploy independent, effective and impartial AML/CFT supervision and set forth the conditions for effective, timely and sustained cooperation between supervisors.
Amendment 324 #
2021/0250(COD)
Proposal for a directive
Recital 70
Recital 70
(70) The importance of combating money laundering and terrorist financing should result in Member States laying down effective, proportionate and dissuasive administrative sanctions and measures in national law for failure to respect the requirements of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation]. National supervisors should be empowered by Member States to impose such measures to obliged entities to remedy the situation in the case of breaches and, where the breach so justifies, issue pecuniary sanctions. The range of sanctions and measures should be sufficiently broad to allow Member States and competent authorities to take account of the differences between obliged entities, in particular between credit institutions and financial institutions and between traditional financial institutions and virtual asset issuers and service providers, and other obliged entities, as regards their size, characteristics and the nature of the business.
Amendment 327 #
2021/0250(COD)
Proposal for a directive
Recital 71
Recital 71
(71) Member States currently have a diverse range of administrative sanctions and measures for breaches of the key preventative provisions in place and an inconsistent approach to investigating and sanctioning violations of anti-money laundering requirements, nor is there a common understanding among supervisors as to what should constitute a "serious" violation and thus distinguish when an administrative sanction should be imposed. That diversity is detrimental to the efforts made in combating money laundering and terrorist financing and the Union's response is fragmented. Therefore, common criteria for determining the most appropriate supervisory response to breaches should be laid down and a range of administrative measures that the supervisors could impose when the breaches are not sufficiently serious to be punished with an administrative sanction should be provided. In order to incentivise obliged entities to comply with the provisions of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation], it is necessary to strengthen the dissuasive nature of administrative sanctions. Accordingly, the minimum amount of the maximum penalty that can be imposed in case of serious breaches of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] should be raised, in a proportionate and adequate way. In transposing this Directive, Member States should ensure that the imposition of administrative sanctions and measures, and of criminal sanctions in accordance with national law, does not breach the principle of ne bis in idem.
Amendment 337 #
2021/0250(COD)
Proposal for a directive
Recital 86
Recital 86
(86) It is essential that the alignment of this Directive with the revised FATF Recommendations is carried out in full compliance with Union law, in particular as regards Union data protection law, including rules on data transfers, as well as the protection of fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union (the ‘Charter’). Certain aspects of the implementation of this Directive involve the collection, analysis, storage and sharing of data within the Union and with third countries. Such processing of personal data should be permitted, while fully respecting fundamental rights and data protection rules, that require an increased level of protection of when data is shared with third countries and entities, only for the purposes laid down in this Directive, and for the activities required under this Directive, such as the exchange of information among competent authorities.
Amendment 382 #
2021/0250(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. For the purposes of this Article, Member States shall ensure that, in accordance with their national law, supervisors or any other authority competent at national level for assessing the appropriateness of persons referred to in paragraphs 1 and 2, check the existence of a relevant conviction in the criminal record of the person concerned when such conviction is directly related to the type of function carried by a member of the senior management. Any exchange of information for those purposes shall be carried out in accordance with Framework Decision 2009/315/JHA and Decision 2009/316/JHA as implemented in national law.
Amendment 440 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 650 #
2021/0250(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Each Member State shall establish an FIU in order to prevent, detect, report and effectively combat money laundering and terrorist financing.
Amendment 666 #
2021/0250(COD)
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
6. Member States shall ensure that FIUs have rules in place governregarding the security and confidentiality of informationprotection of personal data, whilst keeping it confidential and assuring that that same data is being stored in a secure manner.
Amendment 699 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c – introductory part
Article 18 – paragraph 1 – point c – introductory part
(c) direct or indirect access, in full respect of national legislation, to the following law enforcement information:
Amendment 712 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the information referred to in paragraph 1, points (a), (b) and (c), is not stored in databases or registers, Member States shall take the necessary measures to ensure that FIUs can obtain, without undue delay, that information by other means.
Amendment 776 #
2021/0250(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. A system for the exchange of information between FIUs of the Member States shall be set up (‘FIU.net’). The system shall ensure the secure and encrypted communication and shall be capable of producing a written record under conditions that allow ascertaining authenticity. That system may also be used for communications with FIUs counterparts in third countries and with other authorities and Union bodies. FIU.net shall be managed by AMLA.
Amendment 777 #
2021/0250(COD)
Proposal for a directive
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. Member States shall ensure that any exchange of information pursuant to Article 24 is timely transmitted using the FIU.net. In the event of technical failure of the FIU.net, the information shall be transmitted by any other appropriate means , such as innovative solutions from the technological sector facilitating data transmission, increasing transparency and ensuring a high level of data security.
Amendment 800 #
2021/0250(COD)
Proposal for a directive
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
(b) a number of FIUs are conducting operational analyses in which the circumstances of the case necessitatejustifies coordinated, concerted action in the Member States involved.
Amendment 815 #
2021/0250(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that all obliged entities are subject to adequate supervision. To that end, Member States shall appoint independent supervisors to monitor effectively, and to take the measures necessary to ensure, compliance by the obliged entities with the requirements set out in Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and with the requirement to implement targeted financial sanctions.
Amendment 912 #
2021/0250(COD)
Proposal for a directive
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) order obliged entities to comply, including to implement specific corrective measures, with a concrete and reasonable calendar;
Amendment 934 #
2021/0250(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
For that purpose, they shall provide one or more secure communication channels or innovative solutions from the technological sector for the reporting referred to in the first subparagraph. Such channels or technological solutions shall ensure that the identity of persons providing information is known only to the supervisory authority, or, where applicable, self-regulatory body.
Amendment 1 #
2021/0244(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Facilitating access to financial information is necessary to prevent, detect, investigate orof assistance in preventing crime, detecting suspicious activity, assisting criminal investigations or carrying out criminal law prosecuteions of serious crime, including terrorism. In particular, swift access to financial information, terrorist financing, money laundering or organised crime. In particular, swift access to financial information, strictly respecting the fundamental rights of citizens, is essential for carrying out effective criminal investigations and for successfully tracing and subsequentlytracing and confiscating instrumentalities and proceeds of crime.
Amendment 3 #
2021/0244(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Considering the cross-border nature of organised crime and money laundering as well as the importance of relevant financial information for the purposes of combating criminal activities, including by swiftly tracing, freezing and confiscating illegally obtained assets where possible and appropriate, authorities competent for the prevention, detection, investigation or prosecution of criminal offences designated in accordance with Directive (EU) 2019/1153 should be able to directly access and search the centralised bank account registries of other Member States through the BAR single access point put in place pursuant to Directive (EU) YYYY/XX, ensuring strict respect for fundamental rights and the highest standards of protection for citizens' privacy and personal data.
Amendment 4 #
2021/0244(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The safeguards and limitations already established by Directive (EU) 2019/1153 should also apply in respect of the possibilities to access and search bank account information, through the BAR single access point, established by the present Directive. These safeguards and limitations include, in particular, those concerning the limitation to the authorities that have the power to access and search bank account information, the purposes for which the access and search may be conducted, the types of information that are accessible and searchable, requirements applicable to the staff of the designated competent authorities, the security of the data and the logging of access and searches.
Amendment 81 #
2021/0241(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Regulation (EU) 2015/847 was adopted to ensure that the Financial Action Task Force (FATF) requirements on wire transfers services providers, and in particular the obligation on payment service providers to accompany transfers of funds with information on the payer and the payee, were applied uniformly throughout the Union. The latest changes introduced in June 2019 in the FATF standards on new technologies, aiming at regulating so called virtual assets and virtual asset service providers, have provided new and similar obligations for virtual asset service providers, with the purpose to facilitate the traceability of transfers of virtual assets. Thus, under those new requirements, virtual asset transfer service providers must accompany transfers of virtual assets with information on their originators and beneficiaries, that they must obtain, hold, share with counterpart at the other hand of the virtual assets transfer and make available on request to appropriatecompetent authorities.
Amendment 82 #
2021/0241(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Given that Regulation (EU) 2015/847 currently only applies to transfer of funds, in the meaning of banknotes and coins, scriptural money and electronic money as defined in point (2) of Article 2 of Directive 2009/110/EC, it is appropriate to extend the scope in order to also cover transfer of virtual assets. To that end, this Regulation intends to cover the transfer of crypto-assets through a crypto-asset service provider, in line with the best international standards.
Amendment 88 #
2021/0241(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The proper use of blockchain technology allows competent authorities to better trace and investigate potential illicit transactions, as the immutability of data and the constant record of transactions on the blockchain sets up a suitable framework to seek and find relevant information on both the originator and beneficiary of any movement of assets. The blockchain technology, that has intrinsic cross-border nature, should be used to better combat money laundering, terrorist financing and criminal activity through the misuse of crypto-assets. To that end, an effective environment of exchange of relevant information should be set up, on the basis of proportionate measures, that avoid unnecessary administrative burden for crypto-assets service providers and promote high levels of consumer protection, namely on the field of data protection.
Amendment 89 #
2021/0241(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) By reason of the scale of the action to be undertaken, the Union should ensure that the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation adopted by FATF on 16 February 2012 and then on 21 June 2019 (revised FATF Recommendations), and, in particular, FATF Recommendation 15 on new technologies (FATF Recommendation 15), FATF Recommendation 16 on wire transfers ( ‘FATF Recommendation 16’) and the revised interpretative notes on those Recommendations , are applied uniformly throughout the Union and that, in particular, there is no discrimination or discrepancy between, on the one hand, national payments or transfers of crypto- assets within a Member State and, on the other, cross-border payments or transfers of crypto-assets between Member States. Uncoordinated action by Member States acting alone in the field of cross-border transfers of funds and crypto-assets could have a significant impact on the smooth functioning of payment systems and crypto-asset transfer services at Union level and could therefore damage the internal market in the field of financial services. The coordination, at the EU level, should ensure legal and regulatory clarity. Therefore the set of definitions should be coherent between the different legal instruments, namely this Regulation and the future Regulation on Markets in Crypto-assets and the future Regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. Harmonized rules, mainly on licencing regimes, are core priorities to reduce undue administrative burden on complying crypto-assets service providers in the internal market.
Amendment 92 #
2021/0241(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In addition, the Commission Action Plan of 7 May 2020 for a comprehensive Union policy on preventing money laundering and terrorism financing41 identified six priority areas for urgent action to improve the Union’s anti-money laundering and countering financing of terrorism regime, including the establishment of a coherent regulatory framework for that regime in the Union to obtain more detailed and harmonised rules, notably to address the implications of technological innovation and developments in international standards and avoid diverging implementation of existing rules. Work at international level suggests a need to expand the scope of sectors or entities covered by the anti-money laundering and countering financing of terrorism rules and to assess how they should apply to virtual assets service providers not covered so far. . This effort, that must be a common commitment at the international level and led by the Union, should not create undue obstacles for innovation in the financial sector or imply that crypto-assets businesses carry higher risk in the field of money laundering or terrorist financing, as the blockchain technology represents, rather than a risk, a field of opportunities to improve transparency and effective exchange of information on transactions. __________________ 41 Communication from the Commission on an Action Plan for a comprehensive Union policy on preventing money laundering and terrorist financing (C(2020) 2800 final).
Amendment 97 #
2021/0241(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to prevent terrorist financing, measures with the purpose of freezing the funds and the economic resources of certain persons, groups and entities have been taken, including Council Regulations (EC) No 2580/200142 , (EC) No 881/200243 and (EU) No 356/201044 . To the same end, measures with the purpose of protecting the financial system against the channelling of funds and economic resources for terrorist purposes have also been taken. [please insert reference – proposal for a directiveDirective (EU) 2015/849 of the European Parliament and onf the mechanisms to be put in place by the Member States for the prevention of the use of the financialCouncil contains a number of such measures. Those measures do not, however, fully prevent terrorists or other criminals from accessing payment systems for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849] and Regulation [please insert reference – proposal for a reguransferring their funds. Considering the risk of having outdated legislation oin the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849] contain a number of such measures. Those measures do not, however, fully prevent terrorists or other criminals from accessing payment systems for transferring their fundsfield of anti-money laundering and counter the financing of terrorism, it is essential to guarantee that this Regulation is systematically coherent with the future legislative framework. __________________ 42 Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ L 344, 28.12.2001, p. 70). 43 Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (OJ L 139, 29.5.2002, p. 9). 44 Council Regulation (EU) No 356/2010 of 26 April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia (OJ L 105, 27.4.2010, p. 1).
Amendment 103 #
2021/0241(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to reflect the special characteristics of national payment and the specificities of crypto-asset transfer systems, and provided that it is always possible to trace the transfer of funds back to the payer or, through the immutability and traceability inherent to blockchain technology, the transfer of crypto-assets back to the beneficiary , Member States should be able to exempt from the scope of this Regulation certain domestic low-value transfers of funds, including electronic giro payments, or low-value transfers of crypto- assets, used for the purchase of goods or services.
Amendment 107 #
2021/0241(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order not to impair the efficiency of payment systems and crypto-asset transfer services , and in order to balance the risk of driving transactions underground as a result of overly strict identification requirements against the potential terrorist threat posed by small transfers of funds or crypto-assets , the obligation to check whether information on the payer or the payee , or, for transfers of crypto-assets, the originator and the beneficiary, is accurate should, in the case of transfers of funds where verification has not yet taken place, be imposed only in respect of individual transfers of funds or crypto-assets that exceed EUR 1000, unless the transfer appears to be linked to other transfers of funds or transfers of crypto-assets which together would exceed EUR 1000, the funds or crypto-assets have been received or paid out in cash or in anonymous electronic money, or where there are reasonable grounds for suspecting money laundering or terrorist financing. This exemption for transfers not exceeding EUR 1000, calculated as incremental value over a set period of time and based on the moment the transfer is ordered, applicable for transfers of funds and transfers of crypto- assets, in line with FATF standards, should guarantee a systematic coherence of the Union framework on payment services.
Amendment 114 #
2021/0241(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Technological solutions that offer a sufficient level of protection against money laundering and terrorist financing should be considered as an equivalent alternative to conventional Know-Your- Customer (KYC) obligations. Thus, crypto-asset service providers that offer such technological solutions in the sense of blockchain analytical tools should be exempted from KYC obligations. The decision whether a technological solution offers a sufficient level of protection against money laundering should be taken by the competent authorities.
Amendment 115 #
2021/0241(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) For transfers of funds or for transfers of crypto-assets where verification is deemed to have taken place, payment service providers and crypto-asset service providers should not be required to verify information on the payer or the payee accompanying each transfer of funds, or on the originator and the beneficiary accompanying each transfer of crypto-assets, provided that the obligations laid down in [please insert reference – proposal for a directive on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849] and Regulation [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849] are metDirective (EU) 2015/849 are met. Considering the risk of having outdated legislation in the field of anti- money laundering and counter the financing of terrorism, it is essential to guarantee that this Regulation is systematically coherent with the future legislative framework.
Amendment 121 #
2021/0241(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Due to the cross-border nature and the risks associated withof crypto-asset activities and crypto-asset service providers operations, all transfers of crypto-assets should be treated as cross- border wire transfers, with no simplified domestic wire transfers regime.
Amendment 129 #
2021/0241(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The payment service provider of the payee, the intermediary payment service provider and the crypto-asset service provider of the beneficiary should exercise special vigilance, assessing the risks, when either becomes aware that information on the payer or the payee , or the originator or the beneficiary is missing or incomplete, and should report suspicious transactions to the competent authorities in accordance with the reporting obligations set out in Regulation (EU) [...] Directive (EU) 2015/849.
Amendment 136 #
2021/0241(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) As it may not be possible in criminal investigations to identify the data required or the individuals involved in a transaction until many months, or even years, after the original transfer of funds or transfer of crypto-assets , and in order to be able to have access to essential evidence in the context of investigations, it is appropriate to require payment service providers or crypto-asset service providers to keep records of information on the payer and the payee or the originator and the beneficiary for a period of time for the purposes of preventing, detecting and investigating money laundering and terrorist financing. That period should be limited to five years, after which all personal data should be permanently deleted unless national law provides otherwise.
Amendment 145 #
2021/0241(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation shall not apply to the services listed in points (a) to (m) and (o) of Article 3 of Directive (EU) 2015/2366.
Amendment 151 #
2021/0241(COD)
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
However, this Regulation shall apply when a payment card, an electronic money instrument or a mobile phone, or any other digital or IT prepaid or postpaid device with similar characteristics, is used in order to effect a person-to-person transfer of funds or crypto-assets .
Amendment 154 #
2021/0241(COD)
Proposal for a regulation
Article 2 – paragraph 4 – subparagraph 4
Article 2 – paragraph 4 – subparagraph 4
This Regulation shall not apply to person- to-person transfer of crypto-assets as defined in Article 3(14).
Amendment 156 #
2021/0241(COD)
Proposal for a regulation
Article 2 – paragraph 4 – subparagraph 4 a (new)
Article 2 – paragraph 4 – subparagraph 4 a (new)
The scope of this Regulation does not extend to crypto-assets, that are not admitted to trading on a trading platform for crypto-assets.
Amendment 160 #
2021/0241(COD)
Proposal for a regulation
Article 2 – paragraph 5 – point a
Article 2 – paragraph 5 – point a
(a) the payment service provider or the crypto-asset service provider of the payee or the beneficiary is subject to [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849];
Amendment 172 #
2021/0241(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘terrorist financing’ means terrorist financing as defined in Article 2(21(5) of [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849];
Amendment 173 #
2021/0241(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘money laundering’ means the money laundering activities referred to in Article 2(1) of [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing1(3) and (4) of Directive (EU) 2015/849];
Amendment 174 #
2021/0241(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘transfer of crypto-assets’ means any transaction conducted on behalf of a natural or legal person, at least partially carried out by electronic means on behalf of an originator, through a crypto-asset service provider, with a view to making crypto- assets available to a beneficiary through a crypto-asset service provider that moves the crypto-assets from one crypto-asset address or account to another, irrespective of whether the originator and the beneficiary are the same natural or legal person and irrespective of whether the crypto-asset service provider of the originator and that of the beneficiary are one and the same.
Amendment 186 #
2021/0241(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
(a) a payer's identity has been verified in accordance with Articles 16, 37 and 18(3) of [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing3 of Directive (EU) 2015/849] and the information obtained pursuant to that verification has been stored in accordance with Article 5640 of that RegulationDirective; or
Amendment 187 #
2021/0241(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point b
Article 4 – paragraph 5 – point b
(b) Article 21(2) and (3) of [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing14(5) of Directive (EU) 2015/849] applies to the payer.
Amendment 189 #
2021/0241(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) for transfers of funds exceeding EUR 1000, calculated based on the moment the transfer is ordered, in line with the FATF standards, whether those transfers are carried out in a single transaction or in several transactions which appear to be linked, the information on the payer or the payee in accordance with Article 4;
Amendment 193 #
2021/0241(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b – introductory part
Article 5 – paragraph 2 – point b – introductory part
(b) for transfers of funds not exceeding EUR 1000, in line with the FATF standards, that do not appear to be linked to other transfers of funds which, together with the transfer in question, exceed EUR 1000, at least:
Amendment 198 #
2021/0241(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Article 6 – paragraph 2 – subparagraph 1 – introductory part
By way of derogation from Article 4(1), and, where applicable, without prejudice to the information required in accordance with Regulation (EU) No 260/2012, where the payment service provider of the payee is established outside the Union, in line with FATF standards, transfers of funds not exceeding EUR 1000, calculated based on the moment the transfer is ordered, and that do not appear to be linked to other transfers of funds which, together with the transfer in question, exceed EUR 1000, shall be accompanied by at least:
Amendment 205 #
2021/0241(COD)
Proposal for a regulation
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) a payee's identity has been verified in accordance with Articles 16, 37 and 18(3) of [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing3 of Directive (EU) 2015/849] and the information obtained pursuant to that verification has been stored in accordance with Article 5640 of that RegulationDirective; or
Amendment 206 #
2021/0241(COD)
Proposal for a regulation
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) Article 21(2) and (3) of [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing14(5) of Directive (EU) 2015/849] applies to the payee.
Amendment 207 #
2021/0241(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The payment service provider of the payee shall implement effective risk-based procedures, including procedures based on the risk-sensitive basis referred to in Article 16 of [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing3 of Directive (EU) 2015/849], for determining whether to execute, reject or suspend a transfer of funds lacking the required complete payer and payee information and for taking the appropriate follow-up action.
Amendment 208 #
2021/0241(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The payment service provider of the payee shall report that failure, and the steps taken, at the shortest possible term, to the competent authority responsible for monitoring compliance with anti-money laundering and counter terrorist financing provisions.
Amendment 209 #
2021/0241(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The payment service provider of the payee shall take into account missing or incomplete information on the payer or the payee as a factor when assessing whether a transfer of funds, or any related transaction, is suspicious and whether it is to be reported to the Financial Intelligence Unit (FIU) in accordance with [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849].
Amendment 210 #
2021/0241(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Where the intermediary payment service provider becomes aware, when receiving transfers of funds, that the information referred to in Article 4(1), points (a), (b) and (c), Article 4, points (2)(a) and (b), Article 5(1) or Article 6 is missing or has not been filled in using characters or inputs admissible in accordance with the conventions of the messaging or payment and settlement system as referred to in Article 7(1) it shall immediately reject the transfer or ask for the required information on the payer and the payee, to be provided at the shortest possible term, before or after the transmission of the transfer of funds, on a risk-sensitive basis.
Amendment 211 #
2021/0241(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Where a payment service provider repeatedly fails to provide the required information on the payer or the payee, the intermediary payment service provider shall take steps, which may initially include the issuing of warnings and setting of deadlines, before either rejecting any future transfers of funds from that payment service provider, or restricting or terminating its business relationship with that payment service provider, duly justifying such decision on a communication to the payment service provider.
Amendment 212 #
2021/0241(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
The intermediary payment service provider shall report that failure, and the steps taken, at the shortest possible term, to the competent authority responsible for monitoring compliance with anti-money laundering and counter terrorist financing provisions.
Amendment 213 #
2021/0241(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The intermediary payment service provider shall take into account missing information on the payer or the payee as a factor when assessing whether a transfer of funds, or any related transaction, is suspicious, and whether it is to be reported to the FIU in accordance with [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849].
Amendment 230 #
2021/0241(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. By way of derogation from paragraph 1, point (b), and paragraph 2, point (b), in the case of a transfer not made from or to an account, the crypto- asset service provider of the originator shall ensure that the transfer of crypto- assets can be individually identified, namely using innovative technological solutions, and record the originator and beneficiary address identifiers on the distributed ledger. To this end, innovative technological solutions shall be considered as an equivalent alternative for conventional KYC obligations.
Amendment 241 #
2021/0241(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Before transferring crypto-assets, the crypto-asset service provider of the originator shall verify the accuracy of the information referred to in paragraph 1 on the basis of documents, data or information obtained from a reliable and independent source. To this end, the competent authorities shall establish, maintain and update a central database of crypto-asset wallet addresses labelled as suspicious or linked to criminal activity. This database shall be used as a reliable source for the use of technological solutions in the sense of blockchain analytical tools.
Amendment 244 #
2021/0241(COD)
Proposal for a regulation
Article 14 – paragraph 6 – point a
Article 14 – paragraph 6 – point a
(a) the identity of the originator has been verified in accordance with Article 16, 18(3) and 37 of Regulation [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing3 of Directive (EU) 2015/849] [ and the information obtained pursuant to that verification has been stored in accordance with Article 5640 of Regulation [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849]that Directive or
Amendment 246 #
2021/0241(COD)
Proposal for a regulation
Article 14 – paragraph 6 – point b
Article 14 – paragraph 6 – point b
(b) Article 21(2) and (3) of Regulation [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing14(5) of Directive (EU) 2015/849] applies to the originator.
Amendment 257 #
2021/0241(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part
Article 15 – paragraph 2 – subparagraph 1 – introductory part
By way of derogation from Article 14(1), and in line with FATF standards, transfers of crypto-assets not exceeding EUR 1 000 that do not appear to be linked to other transfers of crypto-assets which, together with the transfer in question, exceed EUR 1 000, shall be accompanied by at least the following information:
Amendment 261 #
2021/0241(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point b
Article 15 – paragraph 2 – subparagraph 1 – point b
(b) the account number of the originator and of the beneficiary or, where Article 14(3) applies, the insurance that the crypto-asset transaction can be individually identified, namely using innovative technological solutions;
Amendment 268 #
2021/0241(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. In the case of transfers of crypto- assets exceeding the de minimis exemption of EUR 1 000, whether those transfers are carried out in a single transaction or in several transactions which appear to be linked, before making the crypto-assets available to the beneficiary, the crypto- asset service provider of the beneficiary shall verify the accuracy of the information on the beneficiary referred to in paragraph 1 on the basis of documents, data or information obtained from a reliable and independent source, without prejudice to the requirements laid down in Articles 83 and 84 of Directive (EU) 2015/2366.
Amendment 275 #
2021/0241(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. In the case of transfers of crypto- assets not exceeding the de minimis exemption of EUR 1 000 that do not appear to be linked to other transfers of crypto-asset which, together with the transfer in question, exceed EUR 1 000, the crypto-asset service provider of the beneficiary shall only verify the accuracy of the information on the beneficiary in the following cases:
Amendment 281 #
2021/0241(COD)
Proposal for a regulation
Article 16 – paragraph 4 – point a
Article 16 – paragraph 4 – point a
(a) the identity of the crypto-assets transfer beneficiary has been verified in accordance with [replace with right reference in AMLR to replace Articles 16, 18(3) and 37 of Regulation [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing3 of Directive (EU) 2015/849] and the information obtained pursuant to that verification has been stored in accordance with Article 56 of Regulation [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849]40 of that Directive;
Amendment 283 #
2021/0241(COD)
Proposal for a regulation
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) Article 21(2) and (3) of Regulation [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing14(5) of Directive (EU) 2015/849] applies to the crypto-assets transfer beneficiary.
Amendment 289 #
2021/0241(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
The crypto-asset service provider of the beneficiary shall implement effective risk- based procedures, including procedures based on the risk-sensitive basis referred to in Articles 16, 18(3) and 37 of Regulation [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing3 of Directive (EU) 2015/849], for determining whether to execute or reject a transfer of crypto-assets lacking the required complete originator and beneficiary information and for taking the appropriate follow-up action.
Amendment 290 #
2021/0241(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
Where the crypto-asset service provider of the beneficiary becomes aware, when receiving transfers of crypto-assets without the use of innovative technology solutions as referred to in article 14(3), that the information referred to in Article 14(1) or (2) or Article 15 is missing or incomplete, the crypto-asset service provider shall immediately reject the transfer or ask for the required information on the originator and the beneficiary, at the shortest possible term, before or after making the crypto- assets available to the beneficiary, on a risk-sensitive basis.
Amendment 293 #
2021/0241(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Where a crypto-asset service provider repeatedly fails to provide the required information on the originator or the beneficiary, the crypto-asset service provider of the beneficiary shall take steps, which may initially include the issuing of warnings and setting of deadlines, and return the transferred crypto-assets to the originator’s account or address. Alternatively, the crypto-asset service provider of the beneficiary may hold the transferred crypto-assets without making them available to the beneficiary, pending review by the competent authority responsible for monitoring compliance with anti-money laundering and counter terrorist financing provisions, that must decide on the shortest possible term.
Amendment 298 #
2021/0241(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The crypto-asset service provider of the beneficiary shall take into account missing or incomplete information on the originator or the beneficiary when assessing whether a transfer of crypto-assets, or any related transaction, is suspicious and whether it is to be reported to the FIU in accordance with Regulation [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849].
Amendment 309 #
2021/0241(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Payment service providers and crypto-asset service providers shall respond fully and without delay, including by means of a central contact point in accordance with Article 45(19) of [please insert reference – proposal for a directive on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849], where such a contact point has been appointed, and in accordance with the procedural requirements laid down in the national law of the Member State in which they are established, to enquiries exclusively from the authorities responsible for preventing and combating money laundering or terrorist financing of that Member State concerning the information required under this Regulation.
Amendment 310 #
2021/0241(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Payment service providers and crypto-asset service providers shall provide new clients with the information required pursuant to Article 13 of Regulation (EU) 2016/679 before establishing a business relationship or carrying out an occasional transaction. That information shall be accessible, clear and transparent, in particular, includeing a general notice concerning the legal obligations of payment service providers and crypto-asset service providers under this Regulation when processing personal data for the purposes of the prevention of money laundering and terrorist financing.
Amendment 312 #
2021/0241(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Upon expiry of the retention period referred to in paragraph 1, payment service providers and crypto-asset service providers shall ensure that the personal data is permanently deleted.
Amendment 314 #
2021/0241(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
Without prejudice to the right to provide for and impose criminal sanctions, Member States shall lay down the rules on administrative sanctions and measures applicable to breaches of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions and measures provided for shall be effective, proportionate and dissuasive and shall be consistent with those laid down in accordance with Chapter IVI, Section 4, of [please insert reference – proposal for a directive on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849].
Amendment 315 #
2021/0241(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. In accordance with Article 39 of [please insert reference – proposal for a directive on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing58(4) of Directive (EU) 2015/849], competent authorities shall have all the supervisory and investigatory powers that are necessary for the exercise of their functions. In the exercise of their powers to impose administrative sanctions and measures, competent authorities shall cooperate closely to ensure that those administrative sanctions or measures produce the desired results and coordinate their action when dealing with cross-border cases.
Amendment 317 #
2021/0241(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
Member States shall ensure that their administrative sanctions and measures include at least those laid down by Articles 40(2), 40(3 59(2) and 41(1(3) of [please insert reference – proposal for a directive on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849] in the event of the following breaches of this Regulation:
Amendment 320 #
2021/0241(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
In accordance with Article 42 of [please insert reference – proposal for a directive on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing60(1), (2) and (3) of Directive (EU) 2015/849], the competent authorities shall publish administrative sanctions and measures imposed in the cases referred to in Articles 22 and 23 of this Regulation without undue delay, including information on the type and nature of the breach and the identity of the persons responsible for it, if necessary and proportionate after a case-by-case evaluation.
Amendment 321 #
2021/0241(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. When determining the type of administrative sanctions or measures and the level of administrative pecuniary sanctions, the competent authorities shall take into account all relevant circumstances, including those listed in Article 39(560(4) of […]Directive (EU) 2015/849.
Amendment 322 #
2021/0241(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. As regards administrative sanctions and measures imposed in accordance with this Regulation, Articles 6(6) and 44 [...] of [...]Directive (EU) [please insert reference – proposal for a directive on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing2 of Directive (EU) 2015/849] shall apply.
Amendment 323 #
2021/0241(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
Member States shall establish effective and proportionate mechanisms to encourage the reporting to competent authorities of breaches of this Regulation.
Amendment 324 #
2021/0241(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
Those mechanisms shall include at least those referred to in Article 43 of [please insert reference – proposal for a directive on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing61(2) of Directive (EU) 2015/849].
Amendment 325 #
2021/0241(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall require competent authorities to monitor effectively and to take the measures necessary to ensure compliance with this Regulation and encourage, through effective and proportionate mechanisms, the reporting of breaches of the provisions of this Regulation to competent authorities.
Amendment 327 #
2021/0241(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Upon receipt by the Commission of such a request, transfers of funds between that Member State and the country or territory concerned shall be provisionally treated as transfers of funds within that Member State until a decision is reached in accordance with this Article. Such decision shall be made without undue delay.
Amendment 328 #
2021/0241(COD)
Proposal for a regulation
Article 29 – paragraph 6 – subparagraph 1
Article 29 – paragraph 6 – subparagraph 1
Within three months of the notification referred to in paragraph 5 of this Article, the Commission shall decide, without undue delay, whether to authorise the Member State concerned to conclude the agreement that is the subject of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 332 #
2021/0241(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Review Clause By … [please insert date - three years after the date of entry in force of this Regulation], the Commission shall submit to the European Parliament and to the Council a report on the application and enforcement of this Regulation accompanied, if appropriate, by a legislative proposal. That report shall include the following elements: (a) an assessment of the effectiveness of existing measures and technical solutions for their application and compliance obligations on payment service providers and crypto-asset service providers, as well as the data protection and privacy implications of the Regulation; (b) an assessment of the effectiveness of international cooperation and exchange of information between competent authorities and FIUs; (c) an assessment of the latest technological developments in blockchain analytics and know-your-transaction assessment; (d) an assessment on the latest developments in crypto-asset industry-led standard settings initiatives that mirror existing messaging and reporting data standards in other sectors; (e) an assessment on the information provided by the market operators, namely banks, payment service providers, crypto- assets service providers, etc; (f) an assessment on the most relevant and topical recommendations of international organisations and standard setters in the field of preventing money laundering and combating terrorist financing; (g) an assessment on the systematic coherence of this Regulation with the European legislation on Anti-Money Laundering and Countering Terrorist Financing (AML/CFT).
Amendment 341 #
2021/0241(COD)
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
It shall apply from [please insert reference to the date of application of proposal for a Regulation on Markets in Crypto-Assets (MiCAR)]
Amendment 225 #
2021/0240(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The efficient usage of data leads to better monitoring and compliance of firms. Therefore, both direct and indirect supervision by the Authority and supervisory authorities of all obliged entities across the system should rely on expedient access to relevant data and information about the obliged entities themselves and the supervisory actions and measures taken towards them. To that end, the Authority should establish a central AML/CFT database with information collected from all supervisory authorities, and should make such information selectively available, when necessary, to any supervisory authority within the system and also, when requested and duly justified, to AML Compliance Entities, respecting high standards of data protection and in line with GDPR. To that end, the Authority should use innovative technological solutions that ensure data is protected and available exclusively to the responsible authority. This data should also cover withdrawal of authorisation procedures, fit and proper assessments of shareholders and members of individual obliged entities as this will enable relevant authorities to duly consider possible shortcomings of specific entities and individuals that might have materialised in other Member States. The database should also include statistical information about supervisory and other public authorities involved in AML/CFT supervision. Such information would enable effective oversight by the Authority of the proper functioning and effectiveness of the AML/CFT supervisory system. The information from the database would enable the Authority to react in a timely manner to potential weaknesses and cases of non-compliance by non-selected obliged entities. Pursuant to Article 24 of Council Regulation (EU) 2017/193934 , the Authority will without undue delay report to the EPPO any criminal conduct in respect of which it could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of that Regulation. Pursuant to Article 8 of Regulation 883/201335 , the Authority will transmit to OLAF without delay any information relating to possible cases of fraud, corruption or any other illegal activity affecting the financial interests of the Union. _________________ 34 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 35 Regulation (EU, EURATOM) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1073/1999 (OJ L 248, 18.9.2013, p. 1).
Amendment 244 #
2021/0240(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure that only the riskiest obliged entities among those with significant cross-border operations are supervised directly at the level of the Union, the assessment of their inherent risk should be harmonised. Currently, there are various national approaches and supervisory authorities use distinct benchmarks for assessment and classification of inherent ML/TF risk of obliged entities. Using these national methodologies for selection of entities for direct supervision at Union level could lead to a different playing field among them. Therefore, the Authority should be empowered to develop fair and proportionate regulatory technical standards laying out a harmonised methodology and benchmarks for categorising the inherent ML/TF risk as low, medium, substantial, or high. The methodology should be tailored to particular types of risks and therefore should follow different categories of obliged entities which are financial institutions in accordance with the Regulation of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing [OP please insert the next number for COM(2021)420]. That methodology should be sufficiently detailed and should establish specific quantitative and qualitative benchmarks considering at least the risk factors related to types of customers served, products and services offered, and geographical areas, including third country jurisdictions that obliged entities operate in or are related to. Specifically, each assessed obliged entity would have its inherent risk profile classified in each Member State where it operates in a manner consistent with the classification of any other obliged entity in the Union. The quantitative and qualitative benchmarks would allow such classification to be objective and not dependent on the discretion of a given supervisory authority in a Member State, or the discretion of the Authority.
Amendment 257 #
2021/0240(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In addition to supervisory powers and in order to ensure compliance, in cases of material breaches of directly applicable requirements, the Authority should be able to impose administrative pecuniary sanctions on the selected obliged entities. The Authority should define the material breaches that might lead to the imposition of an administrative pecuniary sanction, as well as establish the criteria that define the gravity of the breaches Such sanctions should be proportionate and dissuasive, should have both punitive and deterrent effect, and should comply with the principle of ne bis in idem. The maximum amounts of pecuniary sanctions should be in line with those established by [please insert reference – 6th Anti-Money Laundering Directive] and available to all supervisory authorities across the Union. The basic amounts of these sanctions should be determined within the limits established by the AML/CFT framework, taking into account the nature of the requirements that have been breached. In order for the Authority to take aggravating or mitigating factors adequately into account, adjustments to the relevant basic amount should be possible. With the objective to achieve a timely change of the damaging business practice, the Executive Board of the Authority should be empowered to impose periodic penalty payments to compel the relevant legal or natural person to cease the relevant conduct. With the aim to heighten awareness of all obliged entities, by encouraging them to adopt business practices in line with the AML/CFT framework, the sanctions and penalties should be disclosed. The Court of Justice should have jurisdiction to review the legality of decisions adopted by the Authority, the Council and the Commission, in accordance with Article 263 TFEU, as well as for determining their non-contractual liability.
Amendment 271 #
2021/0240(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The Authority should manage, host, and maintain FIU.net, the dedicated IT system allowing FIUs to cooperate and exchange information amongst each other and, where appropriate, with their counterparts from third countries and third parties. The Authority should, in cooperation with Member States, keep the system up-to-date. To this end, the Authority should ensure that at all times the most advanced available state-of-the- art technology, including blockchain- based solutions, is used for the development of the FIU.net, subject to a cost-benefit analysis.
Amendment 273 #
2021/0240(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to establish consistent, efficient and effective supervisory and FIU-related practices and ensure common, uniform and coherent application of Union law, the Authority should be able to issue guidelines and recommendations addressed to all or category of obliged entities and all or a category of supervisory authorities and FIUs. The guidelines and recommendations could be issued pursuant to a specific empowerment in the applicable Union acts, or on the own initiative of the Authority, where there is a need to strengthen the AML/CFT framework at Union level. The Authority should publish reports setting out the results of the supervision of the FIU’s practices. These reports should comprehend a detailed evaluation, as well as specific guidelines and recommendations.
Amendment 439 #
2021/0240(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Authority and supervisory authorities shall be subject to a duty of cooperation in good faith, and to an obligation to exchange relevant information leading to the prevention of money laundering and financing of terrorism in accordance with this Regulation and applicable Union law.
Amendment 446 #
2021/0240(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Authority shall develop and maintain an up-to-date and harmonised AML/CFT supervisory methodology detailing the risk-based approach to supervision of obliged entities in the Union. The methodology shall comprise guidelines, recommendations and other measures and instruments as appropriate, including in particular draft regulatory and implementing technical standards, on the basis of the empowerments laid down in the acts referred to in Article 1(2).
Amendment 450 #
2021/0240(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) approaches to supervisory review of money laundering and terrorism financing risk self-assessments of obliged entities;
Amendment 460 #
2021/0240(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Each supervisory authority may submit a request for mutual assistance related to its supervisory tasks to the Authority, specifying the type of assistance that can be provided by the staff of the Authority, the staff of one or more supervisory authorities, or a combination thereof. If the request concerns activities that relate to the supervision of specific obliged entities, the requesting supervisory authority shall ensure that access to any information and data necessary for the provision of assistance may be grantedif consistent with this Regulation and the Union Law. The Authority shall keep and regularly update the information on specific areas of expertise and on the capacities of supervisory authorities to provide mutual assistance.
Amendment 494 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Any supervisory authority or, any non-AML authority and AML Compliance Entity may address to the Authority a reasoned request for information collected pursuant to paragraph 2 that is relevant for its supervisory activities. The Authority shall assess those requests and provide the information requested by the supervisory authorities or, non-AML authorities and AML Compliance entities on a need-to-know basis and confidential basis and in a timely manner. TWhen the request is made by an authority, the Authority shall inform the authority that has initially provided the requested information, of the identity of the requesting supervisory or other authority, the identity of an obliged entity concerned, the reason for the information request as well as whether the information has been provided to the requesting authority.
Amendment 621 #
2021/0240(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to the Authority’s power pursuant to Article 20(2), point (g), to receive directly, or have direct access to, information reported, on an ongoing basis, by selected obliged entities, financial supervisors shall provide the Authority with all information necessary for carrying out the tasks conferred on the Authority. in accordance with this Regulation and applicable Union law.
Amendment 638 #
2021/0240(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Authority may require selected obliged entities and natural or legal persons belonging to them, and third parties to whom the selected obliged entities have outsourced operational functions or activities and natural or legal persons affiliated to them, to provide all information that is necessary in order to carry out the tasks conferred on it by this Regulation and applicable Union Law.
Amendment 665 #
2021/0240(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the arrangements, strategies, processes and mechanisms implemented by the selected obliged entity do not ensure, based on a fit, proper and impartial determination by the Authority, a sound management and coverage of its risks.
Amendment 854 #
2021/0240(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The FIU of each Member State mayshall delegate one staff member to the Authority. The national FIU delegate shall have his or her regular place of work at the seat of the Authority.
Amendment 857 #
2021/0240(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. FIU delegates mayshall be granted access to any data accessible by their delegating FIU for the purposes of carrying out the tasks referred to in paragraph 4, subject to consent of their delegating FIU.
Amendment 862 #
2021/0240(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Authority shall ensure adequate and uninterrupted hosting, management, maintenance, and development of the FIU.net. The Authority shall, in cooperation with the Member States, ensure that the most advanced available technology, including blockchain-based solutions, is used for the FIU.net, subject to a cost-benefit analysis and the principle of technological neutrality.
Amendment 1001 #
2021/0240(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. The Authority shall submit on an annual basis to the European Parliament, to the Council, and to the Commission a report on the execution of the tasks conferred on it by this Regulation, including information on the planned evolution of the structure and amount of the supervisory fees referred to in Article 66, as well as on the guidelines and recommendations issued. The Chair of the Authority shall present that report in public to the European Parliament.
Amendment 1020 #
2021/0240(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. When drafting guidelines and recommendations in accordance with Article 43, having a significant impact on the protection of personal data, the Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679 to avoid duplication, inconsistencies and legal uncertainty in the sphere of data protection, by applying, were appropriate, innovative technological solutions, including blockchain-based solutions.
Amendment 1040 #
2021/0240(COD)
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. In cases where the interaction of several Union public authorities and FIUs with third country authorities concerns matters falling within the scope of the Authority’s tasks as defined in Article 5, the Authority shall have a leading role in facilitating such interaction where necessary. This role of the Authority shall be without prejudice to the regular interactions by competent authorities and FIU´s with third-country authorities.
Amendment 157 #
2021/0239(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) A consistent set of rules on internal systems and controls that applies to all obliged entities operating in the internal market will strengthen AML/CFT compliance and make supervision more effective. In order to ensure adequate mitigation of money laundering and terrorist financing risks, obliged entities should have in place an internal control framework consisting of risk–based policies, controls and procedures and clear division of responsibilities throughout the organisation. In line with the risk-based approach of this Regulation, those policies, controls and procedures should be proportionate to the nature, type of activity and size of the obliged entity and respond to the risks of money laundering and terrorist financing that the entity faces.
Amendment 181 #
2021/0239(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Some business models are based on the obliged entity having a business relationship with a merchant for offering payment initiation services through which the merchant gets paid for the provision of goods or services, and not with the merchant’s customer, who authorises the payment initiation service to initiate a single or one-offone or more transactions to the merchant once or on several separate occasions, and may moreover use account information services as part of that service. In such a business model, the obliged entity’s customer for the purpose of AML/CFT rules is the merchant, and not the merchant’s customer, both for the establishment of the business relationship and for the occasional transactions. Therefore, customer due diligence obligations should be applied by the obliged entity only vis-a-vis the merchant. If the same obliged entity also provides payment services to the merchant, which brings it into the possession of funds, then the obliged entity’s customer is also the merchant as regards the combined offering of payment initiation services, account information services and payment services. The inherent ML/TF risk associated with AISPs and PISPs is low. Both should therefore, as a rule, be eligible for simplified customer due diligence.
Amendment 205 #
2021/0239(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) When customers are no longer entrusted with a prominent public function, they can still pose a higher risk, for example because of the informal influence they could still exercise, or because their previous and current functions are linked. It is essential that obliged entities take into consideration those continuing risks and apply one or more enhanced due diligence measures until such time that the individuals are deemed to pose no further risk, and in any case for not less than 12 months following the time when they are no longer entrusted with a prominent public function. The assessment of whether that person poses an additional risk should be evaluated on a regular basis, until such additional risk ceases. A specific approach for persons that are entrusted with a prominent public function for a period of less than 1 year is needed to ensure the proportionality of the set of rules regarding this dimension of this Regulation.
Amendment 213 #
2021/0239(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) Obliged entities may outsource tasks relating to the performance of customer due diligence to an agent or external service provider that fully comply with GDPR, such as AML Compliance Entities, unless they are established in third countries that are designated as high-risk, as having compliance weaknesses or as posing a threat to the Union’s financial system. In the case of agency or outsourcing relationships on a contractual basis between obliged entities and external service providers not covered by AML/CFT requirements, any AML/CFT obligations upon those agents or outsourcing service providers could arise only from the contract between the parties and not from this Regulation. Therefore, the responsibility for complying with AML/CFT requirements should remain entirely with the obliged entity itself. The obliged entity should in particular ensure that, where an outsourced service provider is involved for the purposes of remote customer identification, the risk-based approach is respected.
Amendment 214 #
2021/0239(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) In order for third party reliance and outsourcing relationships to function efficiently, further clarity is needed around the conditions according to which reliance takes place. AMLA should have the task of developing guidelines on the conditions under which third-party reliance and outsourcing can take place, as well as the roles and responsibilities of the respective parties. To ensure that consistent oversight of reliance and outsourcing practices is ensured throughout the Union, the guidelines should also provide clarity on how supervisors should take into account such practices and verify compliance with AML/CFT requirements when obliged entities resort to those practices. These guidelines must ensure that third-party reliance and outsourcing can only take place when third-parties fully comply with GDPR.
Amendment 234 #
2021/0239(COD)
Proposal for a regulation
Recital 93
Recital 93
(93) The anonymitynature of crypto-assets can exposes them to risks of misuse for criminal purposes. Anonymous crypto- asset wallets do not allow the traceability of crypto-asset transfers, whilst also making it difficult to identify linked transactions that may raise suspicion or to apply to adequate level of customer due diligence. In order to ensure effective, fair and proportionate application of AML/CFT requirements to crypto-assets, it is necessary to prohibitregulate the provision and the custody of anonymous crypto-asset wallets by crypto-asset service providers.
Amendment 286 #
2021/0239(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25 – point a – point i
Article 2 – paragraph 1 – point 25 – point a – point i
(i) heads of State, heads of government, ministers and deputy or assistant ministers, regardless their official designation;
Amendment 291 #
2021/0239(COD)
(ii) members of parliament or of similar legislative bodies, namely regional legislative bodies;
Amendment 298 #
2021/0239(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25 – point a – point vii a (new)
Article 2 – paragraph 1 – point 25 – point a – point vii a (new)
(viia) Mayors and members of local regional executive bodies;
Amendment 320 #
2021/0239(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 36 a (new)
Article 2 – paragraph 1 – point 36 a (new)
(36a) ‘AML Compliance Entity’, means an established entity that fully complies with GDPR and contributes to the effective compliance with the objectives and obligations set out in this regulation.
Amendment 380 #
2021/0239(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall notify the Commission of any exemption that they intend to grant in accordance with Articles 4 and 5 without delay. The notification shall include a detailed justification based on the relevant risk assessment for the exemption. If deemed appropriate, the Member States shall provide further evidence to support their intended decision.
Amendment 396 #
2021/0239(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Those policies, controls and procedures shall be proportionate to the nature, type of activity and size of the obliged entity.
Amendment 401 #
2021/0239(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) the verification, when recruiting and assigning staff to certain tasks and functions and when appointing its agents and distributors, that those persons are of good repute,have the technical ability and knowledge proportionate to the risks associated with the tasks and functions to be performed;
Amendment 409 #
2021/0239(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Obliged entities shall take appropriate measures, proportionate to their nature, type of activity and size, to identify and assess the risks of money laundering and terrorist financing to which they are exposed, as well as the risks of non-implementation and evasion of proliferation financing- related targeted financial sanctions, taking into account:
Amendment 413 #
2021/0239(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Obliged entities shall take appropriate measures, proportionate to their nature, type of activity and size, to identify and assess the risks of money laundering and terrorist financing to which they are exposed, as well as the risks of non-implementation and evasion of proliferation financing- related targeted financial sanctions, taking into account:
Amendment 444 #
2021/0239(COD)
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. Obliged entities shall have in place appropriate procedures for their employees, or persons in a comparable position, to report breaches of this Regulation internally through a specific, independent and anonymous channel, proportionate to the nature, type of activity and size of the obliged entity concerned.
Amendment 644 #
2021/0239(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
The measures referred to in the first subparagraph shall be proportionate to the nature, type of activity and size of the business and to the specific elements of lower risk identified. However, obliged entities shall carry out sufficient monitoring of the transactions and business relationship to enable the detection of unusual or suspicious transactions.
Amendment 647 #
2021/0239(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Obliged entities shall verify on a regular basis that the conditions for the application of simplified due diligence continue to exist. The frequency of such verifications shall be commensurate to the nature, type of activity and size of the business and the risks posed by the specific relationship.
Amendment 686 #
2021/0239(COD)
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1a. In order to have in place the most effective risk management systems mentioned in paragraph 1, obliged entities may use external service providers that fully comply with GDPR – such as AML compliance Entities – and that can determine whether the customer or the beneficial owner is a politically exposed person.
Amendment 701 #
2021/0239(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Obliged entities shall apply one or more of the measures referred to in Article 28(4) to mitigate the risks posed by the business relationship, until such time as that person is deemed to pose no further risk, but in any case for not less than 12 months following the time when the individurom the moment the reason for why that person was considered a PEP, disappears. The assessment of whether that person poses an additional ris no longer entrusted with a prominent public functionk should be evaluated on an regular basis, until such additional risk ceases.
Amendment 713 #
2021/0239(COD)
Proposal for a regulation
Article 40 – paragraph 1 – introductory part
Article 40 – paragraph 1 – introductory part
1. Obliged entities may outsource tasks deriving from requirements under this Regulation for the purpose of performing customer due diligence to an agent or external service provider, whether a natural or legal personthat fully comply with GDPR. These tasks can be outsourced to whether a natural or legal person, including AML Compliance Entities, with the exception of natural or legal persons residing or established in third countries identified pursuant to Section 2 of this Chapter.
Amendment 913 #
2021/0239(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. Credit institutions, financial institutions and crypto-asset service providers shall be prohibited from keeping anonymous accounts, anonymous passbooks, anonymous safe-deposit boxes or instruments used for anonymousising crypto-asset wallets as well as any account otherwise allowing for the anonymisation of the customer account holder.
Amendment 50 #
2021/0227(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that all organisations receiving Union funding must behave in a politically neutral and unbiased way; notes that this also applies for organisations that are supposed to provide independent financial expertise as well as for organisations providing research in the area of taxation;
Amendment 88 #
2021/0214(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Tackling climate and other environmental-related challenges and reaching the objectives of the Paris Agreement are at the core of the European Green Deal. The value of the European Green Deal has only grown in light of the very severe effects of the COVID-19 pandemic on the health and economic well-being of the Union’s citizepublic health, national health systems and citizens’ health security, as well as on the resilience of economies, the competitiveness of companies in the Union and the economic well-being of the Union’s citizens, particularly with regard to employment and working conditions.
Amendment 153 #
2021/0214(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility and safeguarding the competitiveness of companies in the Union.
Amendment 174 #
2021/0214(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) The administration, understood as all the competent authorities, should have the necessary resources to carry out its functions relating to the EU ETS and the CBAM, with a view to not passing on excessive or unnecessary costs or bureaucratic burdens to operators; in addition, compliance with the obligations imposed on operators should be affordable and free of excessive administrative burdens.
Amendment 181 #
2021/0214(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Given that the CBAM applies to imports of goods into the customs territory of the Union rather than to installations, certain adaptations and simplifications would also need to apply in the CBAM regime. One of those simplifications should consist in a simple and accessible declarative system where importers should report the total verified GHG emissions embedded in goods imported in a given calendar year. A different timing compared to the compliance cycle of the EU ETS should also be applied to avoid any potential bottleneck resulting from obligations for accredited verifiers under this Regulation and the EU ETS.
Amendment 186 #
2021/0214(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In terms of sanctions, Member States should apply penalties to infringements of this Regulation and ensure that they are implemented, with high levels of efficiency, transparency and full respect for the principles of proportionality, reasonableness and appropriateness. 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 209 #
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 basissubmit a quarterly report that is easy to read, accessible and drawn up in accordance with a common template, on the actual embedded emissions in goods imported during the transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
Amendment 280 #
2021/0214(COD)
Proposal for a regulation
Article 5.º – paragraph 3 – point f
Article 5.º – paragraph 3 – point f
(f) information strictly necessary to demonstrate the declarant’s financial and operational capacity to fulfil its obligations under this Regulation and, if decided by the competent authority on the basis of a risk assessment and with proper justification, 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 382 #
2021/0214(COD)
Proposal for a regulation
Article 17.º – paragraph 2
Article 17.º – paragraph 2
2. Where the competent 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. The competent authority shall notify the declarant of that refusal as soon as possible.
Amendment 405 #
2021/0214(COD)
Proposal for a regulation
Article 17.º – paragraph 9
Article 17.º – paragraph 9
9. The competent 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. The competent authority shall notify the declarant of that revocation as soon as possible.
Amendment 415 #
2021/0214(COD)
Proposal for a regulation
Article 19.º – paragraph 3
Article 19.º – paragraph 3
3. Where the competent 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 authority shall notify the authorised declarant of the adjustment and request that the authorised declarant shall surrender the additional CBAM certificates within one month30 working days.
Amendment 97 #
2021/0213(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) It is necessary to ensure that clear taxation rules for energy products and electricity continue to contribute to the smooth functioning of the internal market while at the same time tackling the climate and environmental-related challenges in the context of the Communication from the Commission ‘The European Green Deal’28. Energy taxation can contribute to the ambition of at least 55 % reduction in net greenhouse gas emissions by 2030 compared to 1990, as well as to the objective of zero pollution through the implementation of the polluter-pays principle, by ensuring that the fair taxation of motor fuels, heating fuels and electricity better reflects the impact they have on the environment and on health. The contribution of energy taxation to those objectives has been endorsed by the Council Conclusions on the EU energy taxation framework29. _________________ 28 COM(2019) 640 final of 11 December 2019. 29 14861/19 of 5 December 2019.
Amendment 104 #
2021/0213(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) Environmental taxationThe taxation of energy products and electricity can be an cost-effective means, in terms of cost, for Member States to achieve the targeted reductions of greenhouse gasses. The proper functioning of the internal market requires common rules on that taxation, rules which are fair, efficient, balanced, proportional and transparent. That taxation shall abide by the Member States' national exclusive competences in the area of tax policy.
Amendment 130 #
2021/0213(CNS)
Proposal for a directive
Recital 19
Recital 19
Amendment 386 #
2021/0213(CNS)
Proposal for a directive
Article 31.º – paragraph 2
Article 31.º – paragraph 2
The report by the Commission shall, inter alia, examine the appropriateness and proportionality of the minimum levels of taxation, the impact of innovation and technological developments, in particular as regards energy efficiency, the use of electricity in transport and the justification for the exemptions, reductions and differentiations laid down in this Directive. The report shall take into account the proper functioning of the internal market, environmental and social considerations, the real value of the minimum levels of taxation and the relevant wider objectives of the Treaties.
Amendment 235 #
2021/0211(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) This Directive should recognise the specificities of the Outermost Regions, as laid down in Article 349 TFEU. Its implementation will require substantial investment in these regions, entailing a significant cost for public and private actors as well as households, a reality that should be considered when mobilising funds for modernisation and innovation.
Amendment 301 #
2021/0211(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51, is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocationonce the CBAM has proven its effectiveness in equalising CO2 costs between imported and domestic products and protecting the competitiveness of European exports, the free allocation of allowances received by these sectors should be phased out. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non- CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
Amendment 312 #
2021/0211(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) While the return of CBAM certificates for EU imports addresses the risk of carbon leakage in the EU market, it is also essential to avoid the risk of EU exports to global markets being substituted by more carbon-intensive products or by goods that are not subject to carbon-equivalent costs. To achieve this, a CBAM factor equal to 100 % should be applied to exports outside the EU of products covered by the CBAM Regulation, namely exports to third countries not subject to carbon-equivalent rules, provided that a WTO-compatible export measure to equalise CO2 costs has not been applied on a proposal from the Commission. Existing carbon pricing mechanisms in third countries should lead to an adjustment of the CBAM factor.
Amendment 347 #
2021/0211(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. To foster innovation in innovative technologies as soon as possible, the Commission should ensure that the financing made available through the Innovation Fund is delivered swiftly during the first years of implementation of this Directive. _________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 357 #
2021/0211(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) So far only around 8 % (about EUR 52 billion) of support under the national Recovery and Resilience Plans is allocated to industry and to support industry in the climate transition. In order to ensure that the introduction of the new own resource based on 25 % of the revenue of the strengthened EU ETS for the stationary, aviation and maritime sectors contributes not only to the repayment of NextGenerationEU debts, but also to the Union’s climate mainstreaming objectives as required by the Interinstitutional Agreement of 16 December 2020, Member States should significantly increase their share of the Recovery and Resilience Plans dedicated to support industry in the climate transition.
Amendment 363 #
2021/0211(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Carbon Contracts for Difference (CCDs) are an important element to trigger emission reductions in industry, offering the opportunity to guarantee investors in innovative climate-friendly technologies a price that rewards CO2 emission reductions above those induced by the current price levels in the EU ETS. The range of measures that the Innovation Fund can support should be extended to provide support to projects through price- competitive tendering, such as CCDs. CCDs will be an important mechanism to support the development of decarbonisation technologies such as CCS and CCU and optimises the use of available resources. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support.
Amendment 412 #
2021/0211(COD)
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) The increasing energy prices are a big concern for citizens, especially low- income families, and industry, especially SMEs. The main cause of rising energy prices is our dependency on fossil fuel imports. That is why the Fit for 55 Package will, in the future, avoid such constraints. In addition to that, the EU ETS should also be better designed to mitigate the minor part of the problem that is linked to the volatility of EU ETS market prices.
Amendment 413 #
2021/0211(COD)
Proposal for a directive
Recital 42 b (new)
Recital 42 b (new)
(42b) Unexpected or sudden market volatility or excessive price shocks on the EU carbon market, for example, as a result of sudden changes in market behaviour or excessive speculation, negatively affect market predictability and the stable investment climate which is essential for the planning of decarbonization and innovation investments. Therefore, the measures in the event of excessive price fluctuations will be strengthened in a targeted manner to improve the assessment of and reaction to unwarranted price evolutions. These targeted improvements should continue to ensure the proper functioning of the carbon markets, including the role of intermediaries and financial actors in providing liquidity to the market and market access for compliance actors, notably SMEs, while avoiding unexpected or sudden volatility or price shocks.
Amendment 414 #
2021/0211(COD)
Proposal for a directive
Recital 42 c (new)
Recital 42 c (new)
(42c) The European Securities and Markets Authority (ESMA) is preparing an assessment of carbon market integrity and transparency, expected to be published by the end of March 2022. This report should be followed, as soon as possible, by a legislative proposal by the Commission to introduce a transparency mechanism for the European carbon markets. However, to continuously monitor market integrity and transparency and guide any rapid potential action, the European Securities and Markets Authority (ESMA) should annually assess and report on the market integrity and transparency of the market and, where relevant, issue further recommendations for targeted improvements. This annual assessment should in particular examine market volatility and price evolution, the operation of the auctions and trading operations on the market, liquidity and the volumes traded, and the categories and trading behaviour of market participants. Targeted improvements could, for example, include a modification of the reporting of positions held by different categories of participants and penalty mechanisms for market abuse as set out in Regulation (EU) No 596/2014 [Market Abuse Regulation], for example through a fluctuating penalty based on the previous year’s average auction price, the non-delivery of allowances, the adjustment of the quantity of subsequent auctions, or a combination thereof. The recommendations should be assessed in the Commission report which may be accompanied, where appropriate, by a legislative proposal by the Commission to improve integrity and transparency of the European carbon markets.
Amendment 533 #
2021/0211(COD)
Proposal for a directive
Recital 52 a (new)
Recital 52 a (new)
(52a) Since the transport sector is currently the only sector that has failed to deliver any reductions of greenhouse gas emissions, a significant level of investment in sustainable transport options is required to achieve the Union climate goals and support a modal shift to environmentally friendly forms of transport. Therefore, at least 15 % of the expected revenues from the increased trading of emissions to arise as a result of the extension of the scope of the EU ETS and the introduction of a new EU ETS for heating, transport and other fuels pursuant to this Directive, including 15 % of the national revenues to be allocated by Member States as well as 15 % of the revenues under the Innovation Fund, should be allocated to the further development of public transport, in particular railway and bus systems.
Amendment 760 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EU
Article 3gd a (new)
Article 3gd a (new)
Article 3gda Contractual arrangements Where the ultimate responsibility for the purchase of the fuel or the operation of the ship is assumed, pursuant to a contractual arrangement, by an entity other than the shipping company, that entity shall be responsible under the contractual arrangement for covering the costs arising from the implementation of this Directive. For the purposes of this Article, ‘operation of the ship’ means determining the cargo carried by, or the route and speed of the ship. Member States shall take the necessary measures to ensure that the shipping company has appropriate and effective means of recovering the costs referred to in paragraph 1 of this Article in accordance with Article 16.
Amendment 868 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EU
Article 10 – paragraph 3 – subparagraph 1 – point f
Article 10 – paragraph 3 – subparagraph 1 – point f
(ba) in paragraph 3, first subparagraph, point (f) is replaced by the following: “(f) to encourage a shift to low- emission, zero-emission and public forms of transport;, including the development of passenger and freight rail transport and bus services and technologies;”
Amendment 914 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d a (new)
Article 1 – paragraph 1 – point 11 – point d a (new)
Directive 2003/87/EU
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
(da) the following paragraph is added: “5a. Following the first European Securities and Markets Authority (ESMA) assessment of carbon market integrity and transparency to be published by the end of March 2022, the Commission shall, where appropriate, present as soon as possible a legislative proposal to introduce a transparency mechanism for the European carbon markets.”
Amendment 915 #
2021/0211(COD)
(db) the following paragraph is added: “5b. The European Securities and Markets Authority (ESMA) shall regularly monitor the market integrity and transparency of the European carbon market. Each year, it shall produce a public report on the market integrity and transparency of the market, in particular examining the functioning of the market in light of any market volatility and price evolution, the operation of the auctions and trading operations on the market, liquidity and the volumes traded, and the categories and trading behaviour of market participants. Where relevant, this report shall include recommendations to strengthen market integrity and transparency. These recommendations shall, in particular, consider targeted revisions of the measures in the event of excessive price fluctuations or a modification of the penalty mechanisms, for example through a fluctuating penalty based on the previous year’s average auction price, the non-delivery of allowances, the adjustment of the quantity of subsequent auctions, or a combination thereof. These recommendations shall be assessed in the Commission report pursuant to paragraph 5 which shall be accompanied, where appropriate, by a legislative proposal by the Commission to improve the transparency and integrity of the European carbon market pursuant to Article 29.”
Amendment 946 #
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
In the case of installations covered by the obligation to conduct an energy audit under Article 8(4) of Directive 2012/27/EU of the European Parliament and of the Council(*) [Article reference to be updated with the revised Directive], free allocation shall only be granted fully if the recommendations of the audit report are implemented, to the extent that the pay- back time for the relevant investments does not exceed five years and that the costs of those investments are proportionate. Otherwise, the amount of free allocation shall be reduced by 25 %a maximum of 25 %, a percentage that may be reduced proportionally in line with the recommendations that have been implemented. The amount of free allocation shall not be reduced if an operator demonstrates that it has implemented other measures which lead to greenhouse gas emission reductions equivalent to those recommended by the audit report. The measures referred to in the first subparagraph shall be adjusted accordingly
Amendment 1161 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
365 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in low-carbon technologies and processes, and contribute to zero pollution objectives (the ‘Innovation Fund’). To foster innovation in breakthrough technologies as soon as possible, the Commission should ensure that the financing made available through the Innovation Fund is provided as soon as possible during the first years of implementation of the present Directive. Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph.
Amendment 1198 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EU
Article 10a – paragraph 8 – subparagraph 3 a (new)
Article 10a – paragraph 8 – subparagraph 3 a (new)
The Innovation Fund may also support Carbon Contracts for Difference (CCDs) to support decarbonisation technologies like CCS and CCU for which the carbon price might not be a sufficient incentive. The Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the rules on the operation of the CCDs by the 31 December 2023.
Amendment 1283 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point f a (new)
Article 10d – paragraph 2 – point f a (new)
(fa) support for outermost regions to adapt their port infrastructures to supplies of carbon-free fuels, ensuring a just transition.
Amendment 1341 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal.
Amendment 1388 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2007/87/EU
Article 29 a
Article 29 a
(19b) Article 29a is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than six consecutive months, the average allowance price is more than threetwo times the average price of allowances during the two preceding years on the European carbon market, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/ECrelease 100 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1(7) of Decision (EU) 2015/1814 over a period of six months. 1a. If, after the period of six months referred to in paragraph 1, the condition in paragraph 1 is still met, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC to assess if the price evolution referred to in paragraph 1 corresponds to changing market fundamentals. 2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, as a matter of urgency, one of the following measures may be adoptedshall be taken, taking into account the degree of price evolution: (a) a measure which allows Member States to bring forward the auctioning of a part of the quantity to be auctioned; (b) a measure which allows Member States to auction up to 25 % of the remaining allowances in the new entrants reserve. Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). 3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States. 4. The arrangements for the application of these provisions shall be laid down in the acts referred to in Article 10(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
Amendment 1466 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 5 – subparagraph 1 – point b
Article 30 d – paragraph 5 – subparagraph 1 – point b
(b) measures intended to accelerate the uptake of zero-emission vehicles or to provide financial support for the deployment of fully interoperable refuelling and recharging infrastructure for zero-emission vehicles or measures to encourage a shift to public forms of transport, in particular the development of passenger and freight rail transport and bus services and technologies, and improve multimodality, or to provide financial support in order to address social aspects concerning low and middle-income transport users.
Amendment 1471 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 5 – subparagraph 1 a (new)
Article 30 d – paragraph 5 – subparagraph 1 a (new)
Amendment 1570 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
Article 2 – paragraph 1 – point 1 – point c a (new)
Decision 2015/1814/EU
Article 1 – paragraph 7
Article 1 – paragraph 7
(ca) paragraph 7 is replaced by the following: "7. In any year, if paragraph 6 of this Article is not applicable and measures are adopted under Article 29a, paragraph 1 of Directive 2003/87/EC, 100 million allowances shall be released from the reserve and added to the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC. Where fewer than 100 million allowances are in the reserve, all allowances in the reserve shall be released under this paragraph. ”; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015D1814- 20180408&qid=1644861141149)
Amendment 1655 #
2021/0211(COD)
Proposal for a directive
Annex I – paragraph 1 – point b – point -i (new)
Annex I – paragraph 1 – point b – point -i (new)
Directive 2003/87/EC
Annex I – table – row 1 – column 1
Annex I – table – row 1 – column 1
Amendment 203 #
2021/0201(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In implementing this regulation, account should be taken of Article 349 of the Treaty on the Functioning of the European Union (TFEU), which acknowledges the particular vulnerability of the outermost regions owing to their small size, insularity, remoteness from mainland regions, difficult topography and climate and economic dependence on a few products, a combination that severely hampers their development and generates substantial extra costs in many areas, particularly for transport. Efforts being made and targets for greenhouse gas reduction, set for Member States with outermost regions – Portugal, Spain and France – must be adapted to those regions’ difficult situation, balancing environmental objectives against the high social costs for these regions, and taking into account that some 80% of the EU’s biodiversity is found there. These Member States must, therefore, involve the authorities of the outermost regions in the drawing up of their national energy and climate plans, ensuring a fair transition.
Amendment 230 #
2021/0191(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Environmentally sustainable bonds are one of the maian instruments for financing investments related to low- carbon technologies, energy and resource efficiency as well as sustainable transport infrastructure and research infrastructure. Financial or non-financial undertakings or sovereigns can issue such bonds. Various existing initiatives for environmentally sustainable bonds do not ensure common definitions of environmentally sustainable economic activities. This prevents investors from easily identifying bonds the proceeds of which are aligned with, or are contributing to environmental objectives as laid down in the Paris Agreement. A transparent, credible and effective process of defining and labelling these bonds, based on technical, scientific and knowledge-based criteria is, therefore, important to provide the market and the investors with solid information that aims to facilitate financial flows and investments.
Amendment 240 #
2021/0191(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The lack of harmonised rules for the procedures used by external reviewers to review environmentally sustainable bonds and the diverging definitions of environmentally sustainable activities make it increasingly difficult for investors to effectively compare bonds across the internal and global market with respect to their environmental objectives. The market for environmentally sustainable bonds is inherently international, with market participants trading bonds and making use of external review services from third party providers across borders. Action at Union level could reduce the risk of fragmentation of the internal market for environmentally sustainable bonds and bond-related external review services, and ensure the application of Regulation (EU) 2020/852 of the European Parliament and of the Council34 in the market for such bonds. __________________ 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 245 #
2021/0191(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) A uniform set of specificset of harmonized requirements should therefore be laid down for bonds issued by financial or non- financial undertakings or sovereigns that voluntarily wish to use the designation ‘European green bond’ or ‘EuGB’ for such bonds. Specifying quality requirements for European green bonds in the form of a Regulation, respecting the subsidiarity principle, should ensure that there are uniform conditions for the issuance of such bonds by preventing diverging national requirements that could result from a transposition of a Directive, and should also ensure that those conditions are directly applicable to issuers of such bonds. Issuers that voluntarily use the designation ‘European green bond’ or ‘EuGB’ should follow the same rules across the Union, to increase market efficiency by reducing discrepancies and thereby also reducing the costs of assessing those bonds for investors, safeguarding the integrity of the internal market, promoting the competitiveness of our economies and economic agents and increasing the strength and resilience of our Capital Markets Union.
Amendment 268 #
2021/0191(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) This regulation aims to create a gold standard for sustainable bonds and should therefore be fully aligned with the taxonomy for sustainable investments.
Amendment 274 #
2021/0191(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Sovereigns are frequent issuers of environmentally sustainable bonds and should therefore also be allowed to issue ‘European green bonds’, provided that the proceeds of such bonds are used to finance either assets or expenditure that meet the taxonomy, or assets or expenditure that will meet those requirements within a reasonably shorte period from the issuance of the bond concerned, which can be extended however where duly justified by the specific features of the economic activities and investments concerned.
Amendment 295 #
2021/0191(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Disclosure requirements must guarantee high standards of investor´s protection, transparency and comparability. However, these requirements must not represent an excessive administrative and bureaucratic burden to issuers. Therefore, both the requirements and the templates must be legally certain, accessible and safeguard simple and effective processes to guarantee full compliance.
Amendment 296 #
2021/0191(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Investors should benefit from cost- effective access to reliable and reasonably detailed information about the European green bonds. Issuers of European Green Bonds should therefore contract external reviewers to provide a pre-issuance review of the European green bond factsheet, and post-issuance reviews of European green bond annual allocation reports.
Amendment 300 #
2021/0191(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Issuers of European green bonds should abide by their commitments to investors and allocate the proceeds of their bonds within a reasonably shorte time after issuance. At the same time, issuers should not be penalised for allocating bond proceeds to economic activities that do not yet meet the taxonomy requirements, but will do so within the five year period (or extended ten year period). Issuers should in any case allocate all proceeds of their European green bonds before the maturity of each bond.
Amendment 304 #
2021/0191(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Certain financial undertakings that have a portfolio of European green bonds may not be able to identify, for each European green bond, the distinct financial assets to which the proceeds of said bond have been allocated. This is due to a mismatch between, on the one hand, the time to maturity and the volume of funding of those bonds, and on the other hand the time to maturity and volume of the financial assets on the balance sheet of the financial undertaking. Financial undertakings should in such cases be required to disclose the allocation of the aggregate proceeds of their portfolio of European green bonds to a portfolio of environmentally sustainable financial assets on the undertaking’s balance sheet. Those financial undertakings should then demonstrate in annual allocation reports that the related environmentally sustainable financial assets complied with the taxonomy requirements at the time they were created. In order to ensure that all proceeds of European green bonds are allocated to environmentally sustainable economic activities, the financial undertakings should also demonstrate that the amount of those environmentally sustainable financial assets exceeds or equals the amount of European green bonds that have not yet matured. To ensure that the information provided remains complete and up to date, an external reviewer should review the annual allocation reports each yearregularly. That external reviewer should in particular focus on those financial assets that were not on the issuer’s balance sheet in the previous year’s allocation report.
Amendment 306 #
2021/0191(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To improve transparency, issuers should also disclose the environmental impact of their bonds by means of the publication of impact reports, which should be published at least once during the lifetimeevery five years until maturity of the bond. In order to provide investors with all information relevant to assess the environmental impact of European green bonds, impact reports should clearly specify the metrics, methodologies and assumptions applied in the assessment of the environmental impacts. To strengthen the comparability of European green bonds and to facilitate the localisation of relevant information, it is necessary to lay down templates for the disclosure of such information. The impact reports should be subject to scrutiny by external reviewers.
Amendment 310 #
2021/0191(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure the efficiency of the market for European green bonds, issuers should publish on their websites details about the European green bonds they issue. To ensure the reliability of information and investor confidence, they shall also publish the pre-issuance review as well as any post-issuance reviews. To ensure high standards of transparency, accessibility and investor protection, these publications must be available in an accessible way within the website, with adequate timelines that allow the user to identify the substantial changes from one review to another.
Amendment 315 #
2021/0191(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure the independence of external reviewers and safeguard high standards of transparency and ethical conduct, external reviewers should avoid situations of actual or potential conflict of interest and manage those conflicts adequately when they are unavoidable. External reviewers should therefore disclose any conflicts of interest in a transparent and timely manner. They should also keep records of all significant threats to their independence, to that of their employees and to that of other persons involved in the external review process. They should also keep records of the safeguards applied to mitigate those threats.
Amendment 318 #
2021/0191(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) In order to support ESMA´s activity in the exercise of its general competence for the registration and ongoing supervision of registered external reviewers in the Union, the national competent authorities must cooperate, in a loyal and effective way, with ESMA, with exchange of information mechanisms that guarantees a transparent, credible and effective process of registration and supervision. To that end, ESMA must be provided with sufficient resources.
Amendment 321 #
2021/0191(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with Article 290 TFEU, power should be delegated to the Commission to specify the procedure for the exercise of the power to impose fines or periodic penalty payments, including provisions on rights of defence, temporal provisions, the collection of fines or periodic penalty payments, and detailed rules on the limitation periods for the imposition and enforcement of penalties and the type of fees, the matters for which fees are due, the amount of the fees, and the manner in which those fees are to be paid. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert and national competent authorities level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States’ experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 35 OJ L 123, 12.5.2016, p. 1.
Amendment 323 #
2021/0191(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) As a body with highly specialised expertise, it would be efficient and appropriate to entrust ESMA with the development of draft regulatory and implementing technical standards that do not involve policy choices for submission to the Commission that must, in any case, be properly and timely informed about such standards, as the European Parliament, to safeguard proper democratic scrutiny.
Amendment 412 #
2021/0191(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) ensure that the completed European green factsheet has been subject to a pre- issuance review with a positive opinion by an external reviewer, duly registered with ESMA according to this Regulation.
Amendment 414 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Issuers of European green bonds shall obtain a post-issuance review by an external reviewer of the allocation report drawn up after the full allocation of the proceeds of the European green bond in accordance with Articles 4 to 7. This external reviewer must be registered with ESMA.
Amendment 415 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Where, following the publication of the allocation report in accordance with Article 13(1), point (c), the allocation of proceeds is corrected, issuers of the European green bonds concerned shall amend the allocation report and obtain a post-issuance review by an external reviewer of that amended allocation report. This external reviewer must be registered with ESMA.
Amendment 416 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. By way of derogation from paragraph 3, every allocation report from issuers that are financial undertakings that allocate proceeds from a portfolio of several European green bonds to a portfolio of financial assets as referred to in Article 5 shall be subject to a post-issuance review by an external reviewer. The external reviewer, duly registered with ESMA, shall pay particular attention to those financial assets that were not included in any previously published allocation report.
Amendment 421 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Issuers of European green bonds shall provide the allocation reports referred to in paragraph 3, 4, and 5 to an external reviewer within 3045 days following the end of the year to which the allocation reports refer. The post-issuance review must be made public within 90 days following the receipt of the allocation report.
Amendment 429 #
2021/0191(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Issuers of European green bonds shall, after the full allocation of the proceeds of such bonds and at least once during the lifetimeevery five years until the maturity of the bond, draw up a European green bond impact report on the environmental impact of the use of the bond proceeds by using the template laid down in Annex III. That report shall be subject to scrutiny by external reviewers.
Amendment 436 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Issuers of European green bonds shall publish on their website, in a distinct and accessible section titled ‘European green bonds’ and make available free of charge until at least the maturity of the bonds concerned, all of the following:
Amendment 440 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Issuers of European green bonds shall notify the National Competent Authority referred to in Article 36 of the publication of all the documents referred to in paragraph 1 without undue delin 30 days.
Amendment 451 #
2021/0191(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h
Article 15 – paragraph 1 – point h
(h) the policies or procedures implemented by the applicant to identify, and eliminate or manage and disclose anyin a transparent manner any actual or potential conflicts of interests as referred to in Article 27;
Amendment 452 #
2021/0191(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point i
Article 15 – paragraph 1 – point i
(i) where applicable, documents and information related to any existing or planned outsourcing arrangements for activities of the external reviewer covered by this Regulation, including information on entities assuming outsourcing functions;
Amendment 453 #
2021/0191(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
Amendment 456 #
2021/0191(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1
Article 15 – paragraph 3 – subparagraph 1
3. ESMA shall assess whether the application is complete within 2015 working days after its receipt.
Amendment 457 #
2021/0191(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
Where the application is not complete, ESMA shall notify the applicant thereof and set a deadline by which the applicant is to provide additional information, without undue delay.
Amendment 458 #
2021/0191(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3
Article 15 – paragraph 3 – subparagraph 3
Where the application is complete, ESMA shall notify the applicant thereof, without undue delay.
Amendment 460 #
2021/0191(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 3
Article 15 – paragraph 4 – subparagraph 3
ESMA shall notify in writing an applicant, without undue delay, of his or her registration as an external reviewer, or of its refusal to register an applicant. The decision to register or the refusal to register shall provide reasons and take effect on the fifth working day following its adoption.
Amendment 461 #
2021/0191(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
An external reviewer shall notify ESMA of any material changes in the information provided in accordance with Article 15(1) or in the facts concerning the information referred to in Article 15(1) before such changes are implemented and without undue delay.
Amendment 462 #
2021/0191(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
ESMA shall analyse those material changes. Where ESMA objects to such material changes, it shall inform the external reviewer within two month45 working days of the notification of those changes and shall state the reasons for the objection. The changes referred to in the first subparagraph may only be implemented provided that ESMA does not object to those changes within that period.
Amendment 463 #
2021/0191(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) that any actual or potential conflicts of interest are properly identified, and eliminated or managed and disclosed in a transparent manner;
Amendment 469 #
2021/0191(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 471 #
2021/0191(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. External reviewers shall identify, eliminate, or manage and disclose in a transparent manner any actual or potential conflicts of interest, irrespective of whether that conflict of interest concerns their analysts or employees, any person that is contractually related to the external reviewers and that is directly involved in assessment activities, or persons approving pre-issuance reviews and post-issuance reviews.
Amendment 480 #
2021/0191(COD)
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
7. Within 20 working days of receipt of the application, ESMA shall assess whether the application is complete. Where the application is not complete, ESMA shall set a deadline, without undue delay, by which the applicant third-country external reviewer is to provide additional information.
Amendment 481 #
2021/0191(COD)
Proposal for a regulation
Article 31 – paragraph 9 – subparagraph 1 a (new)
Article 31 – paragraph 9 – subparagraph 1 a (new)
ESMA may extend the period referred to in the first subparagraph by 15 working days where the applicant intends to use outsourcing to perform its activities as an external reviewer.
Amendment 482 #
2021/0191(COD)
Proposal for a regulation
Article 34 – paragraph 5 – subparagraph 5
Article 34 – paragraph 5 – subparagraph 5
ESMA shall notify an applicant, without undue delay, of its recognition as a third country external reviewer or of its refusal. The decision to recognise or the refusal to recognise shall provide reasons and take effect on the fifth working day following its adoption.
Amendment 483 #
2021/0191(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 3
Article 35 – paragraph 3 – subparagraph 3
Where the application is complete, ESMA shall notify the applicant thereof, without undue delay.
Amendment 484 #
2021/0191(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 5
Article 35 – paragraph 3 – subparagraph 5
ESMA shall notify an applicant, without undue delay, of its decision regarding endorsement referred to in paragraph 1. The decision shall provide reasons and take effect on the fifth working day following its adoption.
Amendment 491 #
2021/0191(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Member States shall ensure that appropriate measures are in place so that competent authorities have all the supervisory and investigatory powers, as the adequate resources, that are necessary to fulfil their duties.
Amendment 493 #
2021/0191(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
Amendment 494 #
2021/0191(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point d
Article 47 – paragraph 2 – point d
(d) set a reasonable time-limit within which the information is to be provided;
Amendment 500 #
2021/0191(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from ... [one year after the date of entry into force of this Regulation].
Amendment 49 #
2020/2273(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
- having regard to its resolution of 16 September 2020 on the EU’s role in protecting and restoring the world forests1a , _________________ 1a Texts adopted, P9_TA(2020)0212
Amendment 207 #
2020/2273(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the pandemic has demonstrated the importance of the ‘One Health’ principle in policy-making and that transformative changes are needed; calls for an urgent rethinking of how to alignalignment of the Union’s current policies with the changes needed;
Amendment 218 #
2020/2273(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 265 #
2020/2273(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses strong support for the targets of protecting at least 30 % of the Union’s marine and terrestrial areas, and of strictly protecting at least 10 % of these areas, including primary and old-growth forests; stresses that these should be binding and implemented by Member States in accordance with science-based criteria and biodiversity needs; underlines that in addition to increasing protected areas, the quality of protected areas should be ensured and clear conservation plans implement, with effective surveillance and monitoring, introduced;.
Amendment 345 #
2020/2273(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the upcoming legislative proposal on the EU Nature Restoration Plan and reiterates its call for a restoration target of at least 30 % of the EU’s land and seas, which should be implemented by each Member State consistently throughout their territory; considers that in addition to an overall restoration target, ecosystem- specific targets should be set, with a particular emphasis on ecosystems for the dual purposes of biodiversity restoration and climate change mitigation and adaptation through the use of nature- based solutions; stresses that after restoration, no ecosystem degradation should be allowed;
Amendment 413 #
2020/2273(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that it is imperative that legality of production based on exploitation of ecosystems is properly enforced, that illegal practices are adequately and dissuasively sanctioned and liability, including if applicable criminal liability, established; highlights the recent case of the largest sanction ever received for forest operators for cartel behaviour1a, aiming to artificially lower the wood price from Romanian forests; notes that the real cost of values lost could be hundreds of millions of euros / year caused by the illegal activity; _________________ 1afine of 25 mil EUR as reported, e.g. https://newsbeezer.com/romaniaeng/fines- of-25-million-euros-for-the-wood- industry-schweighofer-kronospan-and- egger-eggers- reaction/?fbclid=IwAR2ifUkF5WEaBvEe FbFvuq16RWHOdsFUg1MDMHdxUCge PXrTdqTa4czOPP0
Amendment 475 #
2020/2273(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Raises awareness for the upcoming economic exploration of coastal areas and oceans, and the consequent need to anticipate adequate European legislation that sets up rules and standards towards biodiversity protection by reducing the negative impacts eventual economic activities might provoke on marine habitats;
Amendment 522 #
2020/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its support for the 2030 targets of bringing at least 25 % of agricultural land under organic farm management, which should become the norm in the long term, and ensuring that at least 10 % of agricultural land consists of high-diversity landscape features, which should be implemented at farm level, targets which should both be incorporated into EU legislation; considers it imperative that farmers receive support and training in the transition towards agroecological practicessustainable farming practices that contribute to the conservation of landscape elements, ecological continuity and local biodiversity;
Amendment 568 #
2020/2273(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that any increase in aquaculture production should be based on extensive low trophic production such as algae, bivalves and pond-fish systems which provide ecosystem services, have lower carbon emissions and can reduce pressure on terrestrial and marine resources and biodiversity, and away from intensively reared farmed fish which are dependent on inefficient use of marine and terrestrial resources and produce higher carbon emissions;
Amendment 675 #
2020/2273(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the Union’s tree planting initiatives should be based on clear ecological principles, proforestation, sustainable reforestation and the, greening of urban areas and agroforestry; calls on the Commission to ensure that these initiatives are carried out only in a manner compatible with and conducive to the biodiversity objectives;
Amendment 729 #
2020/2273(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Expresses its concern that the majority of the ranges of both terrestrial and maritime species will decrease significantly in a 1.5 to 2°C scenario; highlights, therefore, the need to prioritise nature-based solutions in meeting climate mitigation goals and in adaptation strategies and to increase the protection of natural carbon sinks in the EU;
Amendment 860 #
2020/2273(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Draws attention to the important subject of maritime pollution, in particular the accumulation of micro and nano plastics in the final point of ocean flows disturbing ecosystems and breaking food chains; thereafter, urges the Commission to take action to avoid any further biodiversity loss due to plastic pollution;
Amendment 905 #
2020/2273(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to ensure effective biodiversity mainstreaming and proofing across EU spending and programmes on the basis of the EU Taxonomy and the ‘do no significant harm’ principle supporting targets of the Biodiversity Strategy ; calls on the Commission to provide a comprehensive assessment of how the EUR 20 billion per year needed for nature could be mobilised, to make corresponding proposals for the Union’s annual budget and to examine the need for a dedicated funding instrument for TEN-N; considers that efforts should be made to reach 10 % annual spending on biodiversity under the multiannual financial framework (MFF) as soon as possible from 2021 onwards; recalls that biodiversity-related Union spending should be tracked in accordance with an effective, transparent and comprehensive methodology to be set out by the Commission, in cooperation with the European Parliament and the Council;
Amendment 1028 #
2020/2273(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recognises the importance of continuous research to understand the dynamics between different ecosystems, and foresee impacts that climate change can provoke; calls for the constitution of a specialized European Digital Innovation Hub, available to European researchers, to focus on biodiversity research and big data analysis;
Amendment 1042 #
2020/2273(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Highlights that EU projects’ outcomes can represent valuable asset for the mainstream policy and planning action; underlines the potential of EU co- funded research and LIFE projects for monitoring of species and ecosystems, including for the strict protection and restoration targets;
Amendment 1044 #
2020/2273(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Recognises the burdensome bureaucracy felt by scientists who lead programs, and calls for better optimization of spending with higher coordination between projects and innovation centres;
Amendment 3 #
2020/2263(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in 1977 the Council adopted a sixth VAT directive with a view to achieving a uniform tax base under which harmonised rates were to be set out; whereas, at the time, all Member States have already adopted a system of value added tax in accordance with the first and second Council Directives of 11 April 1967 on the harmonization of the laws of the Member States relating to turnover taxes; whereas the Member States decided to apply a transitional period in which to achieve this, which has since been extended;
Amendment 4 #
2020/2263(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the VAT Directive18 has recast and repealed the Sixth Directive, for the purposes of greater clarification; whereas this directive provides for the transitional rules to be replaced by a definitive system based on taxation in the Member State of origin; whereas the transitional system is complex, flawed and structurally vulnerable to fraud; _________________ 18Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).
Amendment 6 #
2020/2263(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in 2013 a major overhaul was initiated to introduce a definitive system based on the destination principle, which makes it less vulnerable to fraud19 ; whereas the destination principle implies that VAT is levied on the Member State of the final consumption and this must lead to tax neutrality; _________________ 19 As outlined in the EU Action Plan on VAT of 7 April 2016.
Amendment 7 #
2020/2263(INI)
Motion for a resolution
Recital D
Recital D
D. whereas on 25 May 2018 a proposal for a directive was adopted which introduced detailed arrangements for a definitive VAT regime for intra-EU business-to-business trade in goods and put an end to the ‘transitional’ system; whereas Parliament adopted its position on 12 February 2019; whereas the Council has not yet adopted a position; whereas this decision blockade delays important decisions on adapting the VAT for the challenges we face in the framework of the European economy recovery; and that the absence of action leads to the maintenance of the loopholes that allow the VAT gap to grow;
Amendment 8 #
2020/2263(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the VAT gap in the EU has been reduced from 20% in 2009 to 10% in 2019, according to fast estimates that indicates that the gap could fall below EUR 130 billion; whereas owing to the pandemic and its socio-economic effects, this trend was reversed in 2020; whereas estimated losses of EUR 164 billion have been incurred, of which one third has fallen into the hands of fraudsters and organised crime networks; whereas this losses can represent a VAT gap of 13.7%; whereas this scenario demands policy strategic options;
Amendment 15 #
2020/2263(INI)
Motion for a resolution
Recital F
Recital F
F. whereas Opinion No 11/2020 of the Court of Auditors focuses on the new method put forward for calculating the VAT-based own resource; whereas this opinion states that the proposal "significantly simplifies the calculation of the Member States’ VAT-based own resource as compared to the current system" but "identified the risk that the definitive multiannual Weighted Average Rate may not be representative for all Member States";
Amendment 17 #
2020/2263(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the VAT-based own resource accounted for 11% of the EU budget in 2019, on a total amount of EUR 17.8 billion;
Amendment 18 #
2020/2263(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the Commission’s ‘Action Plan for fair and simple taxation supporting the recovery’ is part of the EU’s new strategy for simplifying and adapting taxation to the digitisation of the economy and the green transition, and for combating tax fraud and evasion; whereas this Action Plan identifies matters related to VAT as priorities, focusing on the fight against VAT fraud and the modernisation of VAT on financial services, taking into account the digitalization of the economy;
Amendment 19 #
2020/2263(INI)
Motion for a resolution
Recital H
Recital H
Amendment 20 #
2020/2263(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the VAT, as an indirect tax collected by all 27 Member States, comprehends several different national regimes and that from all of them it is possible to extract good practices and apply on a European-wide reform; whereas national examples should be considered as models to take into account and the European Commission must act as a platform to exchange such good practices; whereas the national legislative changes performed by Portugal, in 2013, creating incentives for consumers to request invoices in hard-to-tax sectors, are one of such good examples;
Amendment 32 #
2020/2263(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that applying a multitude of reduced rates aggravates the complexity and opacity of the tax system, facilitates fraud and increases compliance costs; notes, however, that the reduced rates can be used to pursue important objectives, mainly on access to basic necessity goods; understands that the application of reduced rates must lead to a decrease on the price to the consumer;
Amendment 39 #
2020/2263(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes the amplitude of different standard rates between the Member States and the complexity that it brings to the system, although justified by different national economic systems; underlines that this complexity is aggravated by the different application of reduced rates that are legitimate to pursue social and environmental objectives; recalls that the possibility to apply super reduced rates (in 5 Member States) and parking rates (in 5 Member States) constitutes an additional obstacle to a coherent and fully interoperable common system;
Amendment 40 #
2020/2263(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Understands that the increasingly higher complexity of the system is motivated by te multiple rates, but mainly by the exemptions and derogations, that must be admitted as a exception; recalls the specific situation of unequal treatment of Member States pre and post 1992, to which different rules apply; calls on the Commission to address this issue in future legislative proposals;
Amendment 41 #
2020/2263(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Notes that, over the past two decades, the Commission has launched almost 200 infringement procedures; calls on the Commission to present a summary of the main findings of these procedures to prepare future legislative proposals, namely on reduced rates, exemptions and non-transposition;
Amendment 42 #
2020/2263(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Notes that the coronavirus pandemic justified VAT-related exception rules, that prove the need for a degree of flexibility to face urgent or unexpected circumstances; urges the Commission to take this into account on future legislative proposals regarding VAT;
Amendment 46 #
2020/2263(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Regrets the lack of available data on regional differences being possibly a major limitation for measuring the VAT gap; calls on the Commission to check whether producing regional VAT gap measurements publicly could be a valuable tool improving transparency and reducing the VAT gap;
Amendment 51 #
2020/2263(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Observes that SMEs must pay proportionately higher compliance costs, as these costs are fixed and independent of company size, and that high compliance costs constitute a barrier to entry into the EU internal market; takes the view, therefore, that significantly differentiated VAT regimes within the EU may act as a disincentive to exports;
Amendment 54 #
2020/2263(INI)
7. Notes digitalisation’s potential to reduce compliance costs; maintains that digital innovations23 are likely to reduce compliance costs and help increase the transparency of commercial transactions; stresses the need to ensure data security and individual and corporate privacy; looks forward to the legislative proposal for modernising VAT reporting obligations and calls on the Commission to come up with less red-tape focusing on easy application by traders; _________________ 23Such as AI, big data and blockchain technology.
Amendment 59 #
2020/2263(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on Member States to increase and improve cooperation between themselves and apply thoroughly the set of rules on the exchange of VAT payment data to facilitate detection of tax fraud in cross-border e-commerce transactions adopted in February 2020;
Amendment 60 #
2020/2263(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Notes that Member States are already employing new technologies to improve the efficiency of domestic purchases control for tax matter; understands that these national measures must be taken into account in any VAT system reform, as good practices to be considered; stands for more coordination between Member States in this regard, in order to facilitate cross-border transactions, without excessive costs for operators and consumers; welcomes the Commission intention to present a legislative proposal for modernising VAT reporting obligations; calls on the Commission to present concrete proposals to promote a quicker system of exchange of information on VAT intra-EU transactions and to make it interoperable with national mechanisms; stands for the expansion of e-invoicing;
Amendment 61 #
2020/2263(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Underlines the urgency to tackle the VAT cross-border fraud and the carousel fraud, with the proper implementation of efficient exchange of information mechanisms and the adequate means (both human, financial, technical and technological) for authorities such as OLAF; stresses the valuable contribution of organisms like Eurofisc; recalls the role of payment services providers and the need to guarantee high standards of reporting on VAT;
Amendment 65 #
2020/2263(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Observes that the wide variety of rates causes price distortion in the internal market, creating incentives for cross-border purchases and giving rise to increased tax competition between Member States; recalls that companies need clear and unambiguous VAT rules to encourage cross-border business and reduce their administrative burdens;
Amendment 96 #
2020/2263(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that reduced rates are not anthe most effective way of achieving social or environmental objectives since they incur high costs for governments owing to the size of the rate gap, reduced tax revenues, increased administrative costs, costly checks and inspections, pressure from lobby groupsocial and economic representatives, compliance costs, economic distortions or even tax evasion, and the difficulty of reaching the target groups;
Amendment 99 #
2020/2263(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes the view that direct tax incentives, such as direct grants or tax credits targeting specific consumers and producers, are more effective, flexible, visible and cost- effective tools for achieving these social and environmental objectives; notes, however, that these tax incentives are at the core of national tax sovereignty and are comprehended in national competences and, in any scenario, must respect the EU competition policy;
Amendment 106 #
2020/2263(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that a uniform VAT system, combined with a direct tax incentive tool such as the income-based tax credit scheme for low-income households, together with a raft of social reforms, would be a winning strategy; recalls that New Zealand has a flat-rate VAT system and applies tax credit for low- income households; points out that flat-rate subsidies and information campaigns arcould be an option for the promotion of merit goods;
Amendment 130 #
2020/2263(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for a simplified VAT system with limits on exemptions and non- standard rates to be introduced with a view to promoting competitiveness and improving voluntary compliance;
Amendment 138 #
2020/2263(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the VAT gap is chiefly attributable to the ineffectiveness of enforcement and control measures, particularly those against tax evasion and avoidance and aggressive tax planning; calls, in this regard, on Member States to improve administrative cooperation and enhance the performance of national tax authorities;
Amendment 145 #
2020/2263(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that the effectiveness of reduced rates as a policy tool must always be assessed in the specific context of other existing policy tools; adds that reduced rates are often complementary to existing social and environmental policy tools; and that direct tax incentives are instruments that better target low-income households and are generally less costly;
Amendment 148 #
2020/2263(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the need to move to a definitive VAT system based on the principle of taxation in the country of destination; calls on the Council to adopt the proposal for a directive of 25 May 2018, without further delay; highlights in this regard the main principles of the prospective definite VAT system for cross- border trade taxation of intra-EU goods supplies at the destination and charging and collecting the VAT within the Member State of destination by the supplier;
Amendment 151 #
2020/2263(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls on the Commission to follow- up this report with concrete legislative proposals, addressing the specific topics referred; calls on the Council to value the dialogue and cooperation with the Parliament, pursuing a proper reform of the VAT system, having these proposals in regard and the fundamental need to guarantee a democratic character to the changes on the EU taxation policy;
Amendment 155 #
2020/2263(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Recalls the merits of the Taxpayer Identification Number (TIN) as a useful instrument to guarantee compliance and the respect for tax obligations; calls on the Commission and Member States to explore all the possibilities of the TIN as a mechanism to safeguard high standards of efficiency on reporting;
Amendment 156 #
2020/2263(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21 c. Supports the idea to expand the scope of the VAT One Stop Shop (OSS) which is in place since 2015 for the declaration and payment of VAT; underlines the need to specifically address the adaptation of the OSS to the increasingly higher dimension of e- commerce;
Amendment 157 #
2020/2263(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21 d. Calls on the Commission to assess the current framework and propose concrete legislative proposals on the verification of cross-border transactions, that must be reinforced to secure VAT; underlines, in this regard, the need to specifically address the opportunities that come from the use of new digital technologies, with high standards of data protection and privacy, as corollaries of taxpayers rights;
Amendment 158 #
2020/2263(INI)
Motion for a resolution
Paragraph 21 e (new)
Paragraph 21 e (new)
21 e. Recalls the urgent need to guarantee full transposition and proper implementation of the VAT e-commerce package; calls the Commission to evaluate the state-of-play in this regard and present concrete proposals to adapt the rules, having the circumstances of exponencial growth of e-commerce in consideration;
Amendment 159 #
2020/2263(INI)
Motion for a resolution
Paragraph 21 f (new)
Paragraph 21 f (new)
21 f. Recalls the importance of a closer dialogue with international partners, mainly the most relevant trade partners, regarding VAT; this cooperation bust start and be based on the dimension of administrative cooperation, in order to guarantee an effective logic of exchange of information that can enhance the combate against schemes leading to fraud or evasion;
Amendment 160 #
2020/2263(INI)
Motion for a resolution
Paragraph 21 g (new)
Paragraph 21 g (new)
21 g. Notes the Commission intention to change the nature of the VAT Committee and the objectives regarding a future "comitology committee"; underlines the need to count on the Parliament position on this matter; recalls the need to guarantee full respect for the european institutional framework on taxation and the distribution of competences regarding indirect taxation;
Amendment 4 #
2020/2260(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Treaty on the Functioning of the European Union (TFEU), and, in particular Article 192(1) and Article 349 thereof,
Amendment 57 #
2020/2260(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to the Commission communication of 24 October 2017 entitled ‘A stronger and renewed strategic partnership with the EU’s outermost regions’ (COM(2017)623),
Amendment 59 #
2020/2260(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the Commission communication of 20 June 2012 entitled ‘The outermost regions of the European Union: towards a partnership for smart, sustainable and inclusive growth’ (COM(2012) 287),
Amendment 105 #
2020/2260(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to its resolution of 14 June 2017 on promoting cohesion and development in the outermost regions of the EU: implementation of Article 349 of the TFEU (2016/2250(INI)),
Amendment 243 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being and maintains and restores ecosystem health; whereas currently, the food system is responsible for a range of impacts on human and animal health and on the environment, the climate and biodiversity; whereas the way in which we produce and consume food needs to transformadapt in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, climate, public health, animal welfare, food and economic sustainability for farmers;
Amendment 319 #
2020/2260(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the implementation of this strategy will have to take into account the different starting points and differences in potential for improvement of the various Member States and their regions; whereas, consequently, the transition to a healthy and sustainable food system will naturally have an impact on the economic fabric of many EU regions, such as the outermost regions, with natural disadvantages, such as distance, the fact that they are islands, small surface area, rugged terrain, harsh climate and undiversified agricultural sectors that account for a large proportion of their economies; whereas, on the other hand, there is potential for the exploitation of those regions’ renewable resources and biodiversity;
Amendment 506 #
2020/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the farm to fork strategy as an important step in ensuring a more sustainable, fairer and more resilient food system, which is central to achieving the goals set out in the European Green Deal and in the SDGs; eEmphasises the inextricable links between healthy people, healthy societies and a healthy planet, encourages the Commission to translate theis strategy into concrete legislative and non-legislative action, accompanied by the proper financial support mechanisms for the transition, as soon as possible;
Amendment 596 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assessed proposal for a legislative framework for more sustainable food systems; invites the Commission to use this proposal to set out, in a balanced and realistic way, a holistic common food policy aimed at reducing the environmental and climate footprint of the EU food system, without jeopardising the sustainability of the agricultural sector, in order to make Europe the first climate- neutral continent by 2050 and strengthen its resilience to ensure food security in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long-term plans based on realistic and transparent objectives; suggests that the respective base lines and progress achieved in each Member State, and its regions with distinct characteristics, be taken into account, while promoting the exchange of know- how and best practices between Member States; stresses the need to include the entire food and beverage chains including processing, marketing, distribution and retail;
Amendment 718 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the decision to revise the directive on the sustainable use of pesticides and the reduction targets for pesticides, fertilisers, and antibiotics; emphasises the importance of pursuing these targets through holistic and circular approaches, such as agroecological practices; insists that each Member State, in conjunction with its regions, should establish robust quantitative reduction targets, accompanied by well- defined support measures ensuring accountability at all levels to help reach these targets; emphasises the importance of ensuring the best possible offering of information and training on the proper application of these products; reiterates its call for the translation into legislation of the above targets and objectives and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union-wide targets and to clarify the baselines for these targets; argues that farmers should be financially supported in this transition period; stresses the need to promote research and development in respect of any innovative agricultural solutions that will enable the proposed reduction to be achieved without jeopardising EU food sovereignty or the control of diseases currently controlled by chemicals that are slowly being phased out;
Amendment 923 #
2020/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of rRecognisinges the significant impact of agriculture and especially animal production on greenhouse gas (GHG) emissions and land use; stresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls for regulatory measures and targets to ensure progressive reductions in all GHG emissions in these sectorshat are realistic, balanced and tailored to each region’s characteristics and dependence on the agricultural sector, while also ensuring progressive reductions in all GHG emissions in these sectors, without having a negative impact on farmers’ incomes; argues that adequate funding should be made available to those making these additional efforts; stresses the crucial role played by European agriculture and silviculture in adapting to climate change;
Amendment 1020 #
2020/2260(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that extensive and permanent grassland-based or organic animal husbandry is a feature of the European food system and a defining element of many traditional rural communities, and that it has multiple positive effects for the environment and against climate change, and contributes to a circular economy; highlights the role of agroforestry systems;
Amendment 1035 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that the EU quality schemes already incorporate the guidelines laid down in the farm to fork strategy, and therefore already contribute to sustainable farming and to the development of rural communities in the EU; urges the Commission to increase the total amounts allocated to promotion, awareness-raising and recognition campaigns in respect of these schemes, in particular those relating to:(i) Products bearing the labels of the protected designation of origin (PDO), protected geographical indication (PGI), traditional speciality guaranteed (TSG) and voluntary certification schemes;(ii) The organic production method;(iii) The logo for quality agricultural products specific to the outermost regions of the Union;
Amendment 1066 #
2020/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the notion of rewarding carbon sequestration in soils; stresses, however, that intensive and industrial agriculture and farming models with severe and proven negative impacts on biodiversity should not receive climate funding or be incentivised; calls for the proposals to be in line with the environmental objectives and the ‘do no harm’ principle of the Green Deal; stresses, therefore, the need to measure effectively the negative impact of agriculture on biodiversity and the environment; recalls that the outermost regions constitute prime areas for introducing pilot projects; urges the Commission, in this connection, to establish a programme to support the reconversion of farms that employ intensive agriculture methods by making support, qualified technical advice and adequate funding available in these regions;
Amendment 1253 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains, in particular for local and regional products, and quality food production;
Amendment 1383 #
2020/2260(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses its deep concern about the emergence of zoonotic diseases that are transferred from animals to humans (anthropozoonoses), such as Q fever, avian influenza and the new strain of influenza A (H1N1), which is exacerbated by anthropogenic climate change, the destruction of biodiversity, environmental degradation and our current food production systems;
Amendment 1525 #
2020/2260(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the review of the EU promotion programme for agricultural and food products, including the EU school scheme, with a view to enhancing its contribution to more sustainable production and consumption, notably by focusing on educational messages about the importance of healthy and balanced nutrition and promoting greater consumption of fruit and vegetables with the aim of reducing obesity rates; advocates, further, the adaptation of this programme whenever schools experience operational problems or are closed, guaranteeing that our children have healthy eating habits during these periods too, and preventing cases of malnutrition in those living with the risk of poverty and social exclusion, while also ensuring continued support for local producers;
Amendment 1601 #
2020/2260(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls the need to promote effective Agricultural Knowledge and Innovation Systems (AKIS), enabling all food chain actors to become sustainable by speeding up innovation and accelerating knowledge transfer; recalls, in addition, the need for a farm sustainability data network to set benchmarks for farm performance and document the uptake of sustainable farming practices, while allowing for the precise and tailored application of new production approaches at farm level by providing farmers with access to fast broadband connections; deplores, however, the fact that inequalities persist in the EU agricultural sector and that many farms still do not have basic services, such as connection to the water supply network, the electricity grid or fast broadband, which merits particular attention from the Commission and Member States, in conjunction with cohesion policy;
Amendment 1769 #
2020/2260(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy, balanced and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; underlines that food prices must send the right signal to consumers, without neglecting producers, who must be fairly remunerated for the sustainable production of healthy foods; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice should become the most affordable one;
Amendment 1866 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that most Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in adaptation of consumption patterns is needed towards more healthy and plant-based foods and less red foods, in quantities more in line with their needs, favouring the consumption of fruit and vegetables, whole grains and legumes, rather thand processed meatfoods, sugars, salt, and fats, which will also benefit the environment; emphasises that EU-wide guidelines for sustainable, balanced and healthy diets would bring clarity to consumers on what constitutes a healthy, balanced and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based dietsdiets that incorporate more plant-based foods, thereby encouraging Europeans to have a rich and varied diet;
Amendment 1924 #
2020/2260(INI)
21. Considers that the further development of plant-based protein production and alternative sources of protein in the EU is a way of effectively addressing manyseveral of the environmental and climate challenges that EU agriculture is facing, as well as preventing deforestation in countries outside the EU; emphasises, further, the importance of the agroforestry system in this field, since extensive breeding in parallel with lower intensity forestry production enables the more sustainable production of animal protein, also provided for in a healthy food standard;
Amendment 2101 #
2020/2260(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance EU funding for research and innovation as a key driver in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage agro- ecological practices in both social and technological innovation, and the crucial role of farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the existing specialised training systems for farmers in Member States; emphasises the importance of higher education institutions in fostering the promotion of research and innovation, and providing advice on agroecological best practices; recognises the role of universities in the development and transition of the agri- food sectors of regions with distinct characteristics, such as the outermost regions;
Amendment 16 #
2020/2259(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the fiscal system must be reformed if the state is to continue establishing the preconditions for inclusiveto help companies to be more competitive, to encourage private initiative investments, so that more jobs can be generated and the states continue guaranteeing the collection of revenue to finance their essential functions and a sustainable well-being;
Amendment 28 #
2020/2259(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the economic recovery and, the climate crisis have increased the need to mobilise more resources andecological transition and the digitization of the economy involve very profound changes that force us to re- evaluate the current taxation policies so that this transition is fair, helping our companies and our SMEs to be more competitive and to continue creating jobs;
Amendment 38 #
2020/2259(INI)
Motion for a resolution
Recital C
Recital C
C. whereas tax morale is generally higher in countries that tax more heavily, which is evidence forterritories with lower taxes, which is evidence that lowering taxes can increase collection and boost the economy, the willingness of citizens and companies to pay tax in return for effective public services9 ; _________________ 9 https://www.oecd- ilibrary.org/sites/0533eea9- en/index.html?itemId=/content/component/ 0533eea9-en;
Amendment 55 #
2020/2259(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the 2011 EU flagship initiative for a resource-efficient Europe called for 10 % of total government taxation revenue to come from environmental taxationenvironmental taxation; environmental tax revenue in the EU amounted to €330.6 billion, corresponding to 2.4% of GDP in 2019 according to Eurostat; whereas according to the Commission beginning of the last decade some Member States have achieved, through various steps of environmental tax reforms, a share of environmental tax revenues in total taxes of more than 10%;
Amendment 66 #
2020/2259(INI)
Motion for a resolution
Recital E
Recital E
E. whereas small and medium-sized enterprises (SMEs) and middle classes are particularly affected by the complexities of the tax system and tax compliance, disproportionately so compared to multinational enterprises (MNEs)the objective of fiscal reforms must be to reduce the tax burden on them;
Amendment 69 #
2020/2259(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas tax matters are at the core of national sovereignty and this dimension of European integration must respect the limits imposed by the treaties; but having in regard, at the same time, the need to find a space for stronger cooperation between Member-States, in order to boost the role of tax policies for the economic recovery;
Amendment 75 #
2020/2259(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas tax policies can have a significant impact on the European response to the social crisis that emerges from the economic situation Europe is facing; and, to that end, national tax reforms, in the context of the pandemic, must be balanced and better coordinated between Member States, having in regard taxpayers rights, the European companies competitiveness and the need to tackle tax fraud and evasion;
Amendment 78 #
2020/2259(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
E c. whereas the main objectives of green transition are a structural priority for the European economic recovery and tax policies can help Member States to achieve the climate and environmental goals; and that national tax reforms must have this dimension in regard, but avoid any increment on European taxpayers tax burden;
Amendment 80 #
2020/2259(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that COVID-19 has given the EU a unique chance forthe structural changes that our economies are experiencing as a result of digitization, climate goals and the crisis derived from the global pandemic COVID-19 has given the EU and its member states a unique chance to strengthen free and single market and make ourselves more competitive in strategic sectors; in order to achieve that it is necessary a proper and holistic analysis of tax systems, how individual taxes interact and how they can be better coordinated to producbecome more flexible, resilient, green andattractive to private investment and job creation, more competitive ,sustainable fairer tax systems ; recommendscalls on thate Member States take into account this opportunity to build a new social- fiscal contract with citizenssimplify their tax systems, to strengthen the single market, to reduce the existing tax burdens on SMEs and the middle classes ; underlines that this will help not only with raising revenues, but also withto stimulate economic growth and job creation, as well as to building trust and accountability between citizens and the state; stresses the need for coordination at EU level to avoid distortions and subsequent revenue losseswhile respecting the competences of the Member Sates and free tax competition;
Amendment 93 #
2020/2259(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that current tax systems, and the fiscal capacities of Member States, are already facing and will increasingly face severe shocks, such as the need for large public investments to sustainfor this reason, Europe has to opt for its strategic autonomy, it has to compete to be a world leader in strategic sectors and it has to transform and modernize its industry to achieve the balance of public accounts, the economic recovery, job creation and the green transition, the ageing of our societies and the consequent reduction in the working- age population, the digital transformation of our labour markets, increased tax competition and the existing tax gap10 ; _________________ 10European Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/bus iness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en;
Amendment 101 #
2020/2259(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that taxation and tax collection have shifted the tax incidence from wealth to income, from capital to labour income and consumption, from MNEs to SMEs, and from the financial sector to the real economy;Takes note of the Commisson’s observation that the tax burden in the EU has consistently increased since 2010 and that in 2018, tax revenues, measured as percentage of GDP, increased slightly in the European Union (EU-27) up to 40.2 %; takes note that in 2018,revenues remained almost equally distributed among indirect taxes, direct taxes and social contributions and that the distribution of revenues by tax base (consumption, labour and capital) remained stable compared with previous years (around 52 % from labour, 28 % from consumption and 20 % from capital), observes with concern this shift in the tax burden from more mobile to less mobile taxpayers, resulting in a lower average tax burden for the very income- rich11 ; _________________ 11European Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/busi ness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en[1];
Amendment 110 #
2020/2259(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that technological progress and economic integration are making the taxpayers and tax bases of all types of tax increasingly mobile12 ; notes that this could reinforce the tendency to rely on immobile tax bases; _________________ 12European Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/busi ness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en; calls on Member States to increase their efforts in the digitalization of the tax administration and to strengthen international cooperation in order to better deal with the tendency to rely on immobile tax bases;
Amendment 119 #
2020/2259(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes that in spite offollowing the numerous calls for shifting taxation from labour to pollution, revenues from taxes on pollution and resources in particular have remained very low, and ye led to the fact that environmental tax revenue covering energy taxes, transport taxes as well as pollution and resource taxes increased in absolute terms between2002 and 2019 according to Eurostat, highlights in this regard that they offer a potentialn existing source for increasing revenue through the application of the ‘ polluter pays’ principle and are difficult to evade owing to the character of the tax base;
Amendment 128 #
2020/2259(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 134 #
2020/2259(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Deplores the negative social and economic effects of the COVID-19 pandemic leading to bankrupt enterprises, loss of market shares by SMEs and unemployment resulting in a loss of the Member states tax base; welcomes that in this regard,Member States and the Commission have tried to secure jobs and to protect the tax base while supporting SMEs and the middle class through a wide set of measures among others tax exemptions, deductions, credits, deferrals and reduced tax rates[1];calls on Member States to restrain from introducing new taxes till the recovery of the economy will reach the pre-pandemic level that might otherwise put further burden on vulnerable citizens and SMEs;[1]
Amendment 136 #
2020/2259(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that the tax gap in the EU is significant and that VAT gap, particularly, is expected to increase due to the economic constraints of the pandemic; and that VAT, as a source of an EU own resource, is a specially important area of European integration on tax matters, that needs to be reformed in a way that helps to boost European economy recovery, mainly when it is linked to our competitiveness;
Amendment 138 #
2020/2259(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes that tax fraud and evasion are permanent challenges to our national tax regimes and that European integration on tax matters must have in regard the priority on building better common solutions to stronger cooperation between tax administrations and judicial systems;
Amendment 142 #
2020/2259(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. NTake notes that COVID-19 has demonstrated that the current disproportionate reliance on labour income taxes and social contributions, which puts the onus on continued high levels of employment and consumption to fund government spending and policies, is neither sustainable nor economically effectiveose Member States having before the health crisis sound fiscal policies and a functioning tax system had been in a better position to deal with the economic and social hardship of citizens and SMEs; calls on Member States to improve their tax systems, especially strengthening tax collection and enforcement as suggested in the Commission’s communication of 3 March 2021 (COM(2021) 105 final) in order to pay off debts faster and to ease the current disproportionate reliance on labour income taxes and social contributions, which impedes sustainable economic development and job creation; welcomes in this regard the Commission’s communication of 15 July 2020(COM(2020)0312) sketching out measures aiming at reducing tax obstacles for businesses in the Single Market that will improve the business environment, enhance business competitiveness and contribute to economic growth;
Amendment 152 #
2020/2259(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern that thee asymmetric impact of the COVID-19 pandemic is highly regressive, with the poorest households being the most severely hit14 ; regrets that large companies that realise excess profits, such as e-commerce businesses and wealthy individuals who realise significant capital gains through speculation, are often undertaxed; _________________ 14OECD, ‘Tax and Fiscal Policy in Response to the Coronavirus Crisis: Strengthening Confidence and Resilience’, 19 May 2020,https://www.oecd.org/ctp/on societies , acknowledges that the poorest households, the self-employed and workers of SMEs, have been the most severely hit; calls in this regard on Member States to supportinternational efforts at the G20/OECD level to close existing legal loopholes that enable mainly digital MNEs and high income individuals to engage in aggressive tax- policy/tax-and-fiscal-policy-in-response- to-the-coronavirus-crisis-strengthening- confidence-and-resilience.htmractices and enjoy the benefits of double non-taxation;
Amendment 164 #
2020/2259(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that environmental taxesTakes note that the total revenue from taxes and social contributions increased in theEU-27 between 1995 and 2019 reaching 41,1 % of GDP according to the most recent available Eurostat data in 2019, Highlights that environmental taxes, which raised tax revenues by 113000 million since 2002, have the potential to cover the need for additional revenue while supporting a resilient, competitive, sustainable and carbon-free economy; calls on Member States to consider expandingthe modification of these tax base for environmental taxes through inter alia natural resource taxes, distance-based charges in the transport sector, fuel prices, and the taxation of deforestation, landfill, incineration, pesticides and fertilizeres in order to alleviate households and to reach that households are no longer the main payers of both transport and pollution taxes (55,4%according to Eurostat) ;taking into account that ecological transition cannot be achieved only by means of sanctions and fiscal pressure, but also through citizen education and incentives that motivate companies to achieve the UE climate priorities;
Amendment 185 #
2020/2259(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Warns that national budgets cannot rrelying solely on environmental taxes alonerepresents a risk to adequate and stable tax bases, as some of these revenues will fall as environmental harm decreases over time; calls on Member States to develop holistic tax reforms, shifting taxation from labour to not only pollution but also capital and wealth16 ; _________________ 16European Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/busi ness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en
Amendment 204 #
2020/2259(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Observes that there is also room for significant revenue and efficiency gains at tax administration level; notes t hat an effective and, efficient and digitized tax administration, as well as a high degree of tax certainty, needs to serve the tax payers and can encourage investment and foster competitiveness;
Amendment 210 #
2020/2259(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission and Member States to come forward with concrete solutions to enhance cooperation between tax administrations and reinforce their human, financial and digital resources in order to empower such structures for the important mission of tax collection but also the protection of European taxpayers rights;
Amendment 212 #
2020/2259(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reminds the Commissioner for Economy that he should focus on making our tax systems simpler, clearer and easier to use as outlined in the mission letter from the Commission President as of 1 December 2019. Welcomes initiatives taken by the Commission within the framework of the Green Deal; notes with concern that no clear and holistic guidance exists on how taxation shcould contribute to achieving the goals set out in the Green Deal and considers that the taxation system should therefore be reformed; stresses the need to opt for the free market and free competition, instead of standing up for new taxes, because this will not lead to a true public awareness of the importance of fighting climate change; asks Member States to apply favourable tax treatment to certain sustainable and environmentally friendly business models and to use it as an incentive for other companies;
Amendment 235 #
2020/2259(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. WelcomesLooks forward to the Commission’s soon- to-be-published revision of the Energy Taxation Directive17 [1]; calls on Member States to agree to close tax exemptions for aviation and maritime fuels, increase minimum rates and restore the level playing field; callthe Commission to present an impact assessment based equally on concerns of the protection of the environment and of international competitiveness onf the Commission to launch a proposal for a progressive European kerosene tax; _________________ 17 OJ L 283, 31.10.2003, p. 51.aviation and maritime sector before suggesting unilateral measures;
Amendment 243 #
2020/2259(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to propose anWelcomes the OECD’s recommendations of November 2020 on supporting SMEs[1]; Calls on the Commission to follow-up on OECD’s suggestions, to put the taxpayer at the center of the tax system rather than the tax administration ,and to propose a SME tax simplification package that aims to make tax compliance more streamlined and easier for small and medium-sized businesses;
Amendment 250 #
2020/2259(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 256 #
2020/2259(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to have in regard the principle of "less legislation, better legislation" on tax matters, avoiding consecutive legislative changes that create instability and uncertainty to market operators; therefore, call on the Commission to present, only when needed, structural changes with proper impact assessments on dimensions such as taxpayers rights, tax burden and companies competitiveness;
Amendment 38 #
2020/2258(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the CoC Group was efficient in deterring preferential tax regimes; whereas it has nconetheless failtributed to prevent the most aggressive tax competition between Member Statesforms of harmful tax competition; whereas the CoC Group remains of purely intergovernmental nature;
Amendment 43 #
2020/2258(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the CoC Group was successful in opening a dialogue with third-country jurisdictions that are invited to repeal their HTP in order to avoid being included on an EU list of non-cooperative jurisdictions for tax purposes (the ‘EU list’); whereas the current EU list only comprises 12 third jurisdictions25 and regretfully leaves out notorious tax havens; whereas the EU list is established on the basis of criteria defined in the CoC; whereas the list must be an instrument to deter HTP by third jurisdictions and enhance dialogue and cooperation with the listed jurisdictions, in order to preserve global fair tax competition; _________________ 25American Samoa; Anguilla; Dominica; Fiji; Guam; Palau; Panama; Samoa; Trinidad and Tobago; US Virgin Islands; Vanuatu; Seychelles.
Amendment 45 #
2020/2258(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the European Commission has adopted a Communication on Tax Good Governance in the EU and beyond that foresees a reform of the Code of Conduct and improvements to the EU list of non- cooperative jurisdictions; whereas this matter is subject to an intergovernamental approach and the Parliament, in full respect for the institutional framework, want to underline it´s views on the procedure conducting to such reforms;
Amendment 70 #
2020/2258(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the internal and external dimension of the work conducted by the CoC Group on HTP; notes that the external dimension of HTP is mainly dealt with by the CoC Group with the application of the ‘Fair Taxation’ criterion; deplores the lack of coherence betweenrecognizes that the CoC work in the peer review of national tax regimes ensures that they criteria on HTP applied to Member States and the tougher criteria, in particular on economic substance, applied to third-country jurisdictions in the listing procesomply with the principles of fair tax competition; reminds that the EU Member States are subject to legislation that must be duly transposed and applied by all the 27; understands that the criteria applied to third-country jurisdictions must be necessarily tougher, as third countries are not subject to the same legislative framework as EU Member States; calls, nevertheless, for a proper revision of the criteria for the listing process, in order to avoid the exclusion of jurisdictions that are non-cooperative in tax matters;
Amendment 95 #
2020/2258(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the fact that the proposal put forward by the US Administration for ‘The Made in America Tax Plan’ could facilitate a deal on Pillar II by mid-2021; calls, therefore, the Commission to come forward with an impact assessment on the proposals and to prepare a non-agreement scenario, with concrete initiatives for an European approach; reminds that any agreement must be approved by all the States involved in the negotiations and calls the Member States to commit to a compromise as soon as possible, in order to find an international multilateral solution;
Amendment 142 #
2020/2258(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 173 #
2020/2258(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights the non-binding nature of the CoC; deplores the fact that Member States could maintain a harmful regime without facing any repercussionnevertheless, underlines the importance of the work of the CoC and it´s Group to preserve an European tax framework based on fair, simple and competitive rules;
Amendment 184 #
2020/2258(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for a revision of the criteria, the governance and the scope of the CoC through a legally binding instrument that should replace the current intergovernmental arrangements and allow for a transition to qualified majority voting; requires that Parliament be included in the process of designing and adopting new policies and criteria to combat HTP;
Amendment 4 #
2020/2122(INI)
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
— having regard to the paper entitled ‘Liquidity in resolution: comparing frameworks for liquidity provision across jurisdictions’ of the ECB’s Occasional Paper Series1a, _________________ 1aGrund, Sebastian, Nomm, Nele and Walch, Florian, ‘Liquidity in resolution: comparing frameworks for liquidity provision across jurisdictions’, Occasional Paper Series, No 251, ECB, Frankfurt am Main, December 2020, available at https://www.ecb.europa.eu/pub/pdf/scpops /ecb.op251~65a080c5b3.en.pdf
Amendment 14 #
2020/2122(INI)
Motion for a resolution
Recital A
Recital A
A. whereas overall, the banking sector has responded to the COVID-19 pandemic with resilience, mostly founded on the regulatory reformsoverhaul enacted since the global financial crisis and further, facilitated by the single European Rulebook and Single Supervision in the Banking Union, and supported by extraordinary public policy relief measures and capital conservation practices;
Amendment 19 #
2020/2122(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the Banking Union is open to all EU Member States; whereas Bulgaria and Croatia have joined ERM II and entered the Banking Union;
Amendment 21 #
2020/2122(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas a more stable, competitive and convergent Economic and Monetary Union requires a solid Banking Union and a more developed and safe Capital Markets Union; whereas the completion of the Banking Union would be a vital contributor to the international perception of the euro and its increased role in global markets;
Amendment 27 #
2020/2122(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the completion of the Banking Union beyond its two pillars, the Single Supervisory Mechanism (SSM) and the Singlexisting pillars remains a priority; whereas targeted reforms in the Rresolution Mechanism (SRM), is pendingand deposit insurance area to complete the Banking Union should further enhance the robustness of banks and safeguard overall financial stability;
Amendment 29 #
2020/2122(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the backstop for the Single Resolution Fund (SRF) will be introduced by 2022, two years earlier than previously foreseen, providing a common system-wide safety net for banks in resolution;
Amendment 30 #
2020/2122(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Amendment 31 #
2020/2122(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas the shortcomings identified during the pandemic provide renewed impetus to move forward on improving crisis management, further integrating the banking sector, addressing the home-host balance and the regulatory treatment of sovereign exposures, as well as on the introduction of a European deposit insurance scheme; whereas embracing the lessons learned during the pandemic could pave the way for improved cost efficiency and more sustainable business models;
Amendment 33 #
2020/2122(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the lack of a solution to the treatment of sovereign debt exposures and national options and discretionsbanks have been developing concentrated exposures toward certain sovereigns but a solution to the treatment of sovereign debt exposures is still to be addressed; whereas a number of national discretions within legislative framework persists, undermining the European dimension of the Banking Union;
Amendment 48 #
2020/2122(INI)
Motion for a resolution
Recital D
Recital D
D. whereas climate change, environmental degradation and the transition to a low-carbon economy bring new risks to banks’ balance sheets; , potentially impacting investments across regions and sectors;
Amendment 51 #
2020/2122(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the urge for technological transformation has accelerated, increasing the efficiency of banks and their ambition for innovation, while exposing them at the same time to the new risks and challenges of the digital finance world, cybersecurity, reputational risks, data privacy, AML risks and consumer protection;
Amendment 53 #
2020/2122(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, despite strong EU consumer protection varies across the Banking Unrules, national rules implementing European consumer protection requirements vary across the Banking Union, pointing to the need for harmonisation;
Amendment 60 #
2020/2122(INI)
Motion for a resolution
Recital F
Recital F
F. whereas stronger EU prudential and anti-money laundering (AML) supervision is necessary;
Amendment 67 #
2020/2122(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the withdrawal of the UK from the EU has resulted in the relocation of banking services to the EU; whereas the SSM played a crucial steering and monitoring role through its systematic “preparedness” guidance and coordination with significant banks on their operating models; whereas the full assessment of effectiveness of banking sector’s preparedness to the new reality will be tested in the mid and long term perspective;
Amendment 69 #
2020/2122(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the crisis management and deposit insurance (CMDI) framework (CMDI) should be proportional, moreensure consistent and efficient hand more coherent, and shouldling of all banks, regardless of size or business model, as well as, contribute to preserving financial stability, minimising the use of taxpayers’ money and ensuring a level playing field across the EU;
Amendment 77 #
2020/2122(INI)
Motion for a resolution
Recital J
Recital J
J. whereas supervision and resolution rules, as well as the resolution fund have been centralized, deposit guarantees schemes remain national and differ across Member States; whereas depositors across the Banking Union should enjoy the same level of protection;
Amendment 82 #
2020/2122(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the entry of Bulgaria and Croatia into the Banking Union; and the inclusion of the Bulgarian lev and the Croatian kuna in the exchange rate mechanism (ERM II); takes note of the decisions of the European Central Bank (ECB) to establish close cooperation with Bulgarian National Banks and Croatian National Banks, whereby Bulgaria and Croatia joined, as of 1 October 2020, the Single Supervisory Mechanism (SSM)and the Single Resolution Mechanism (SRM); highlights that the National Banks of Bulgaria and Croatia are duly represented in the ECB and the SRB’s Plenary Session and Extended Executive Sessions with the same rights and obligations as all other members, including voting rights;
Amendment 94 #
2020/2122(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the Banking Union has delivered the institutional set-up for greater market integration, through the SSM and the SRM, while a European deposit insurance scheme (EDIS) is still lacking; welcomes the possible revision of the resolution framework and supports the current reflection for further harmonisation of insolvency laws, with a view to increase the efficiency and coherence of crisis management of banks in the EU, as well as for the creation of a deposit insurance mechanism in the Banking Union aiming to enhance the level of deposit protection;
Amendment 98 #
2020/2122(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that banks’ were able to responsed to the current crisis demonstrates thatwith resilience as they were being better-capitalized and less-leveraged than a decade ago, demonstrating positive effects of the institutional set-up that has been put in place and the regulatory reforms following the past decade, as well as the institutional set-up, have resulted in better-capitalised and less- leveraged banks2008 financial crisis; contemplates, nevertheless, that the banking sector is characterised by certain structural inefficiencies, which can be further exacerbated by the current crisis; believes that the deteriorating asset quality of banks and persisting low interest rate environment may increase the level of NPLs in the banks’ balance sheet and impact the already subdued profitability, potentially leading to insolvency cases particularly for the most affected sectors; considers urgent and immediate action is required;
Amendment 103 #
2020/2122(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Finds that the RRF may provide impetus for the completion of the Banking Union; highlights the crucial role of the banking sector in providing access to credit and channelling available funding into the real economy, in particular into sustainable and socially responsible investments;
Amendment 106 #
2020/2122(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Observes that a fully-fledged Banking Union, together with fully integrated Capital Markets Union would support the functioning of the Economic and Monetary Union and a strengthened international role of the euro;
Amendment 111 #
2020/2122(INI)
4. Considers that while the good relationship between the SSM and the SRB has been fundamental from the inception of the system, a strengthened approach to cooperation between the two pillars is particularly important in the current context to ensure appropriate and timely action;
Amendment 129 #
2020/2122(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotWelcomes the ‘CRR quick fix’ with targeted changes to the Capital Requirements Regulation31 extending transitional arrangements in order to support banks’ lending capacity32 ; _________________ 31Regulation (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). 32Regulation (EU) 2020/873 of the European Parliament and of the Council of 24 June 2020 amending Regulations (EU) No 575/2013 and (EU) 2019/876 as regards certain adjustments in response to the COVID-19 pandemic (OJ L 204, 26.6.2020, p. 4). to households and businesses mitigating the economic impact of the COVID-19 pandemic and ensuring that the regulatory framework interacts smoothly with other measures addressing the crisis;
Amendment 141 #
2020/2122(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the ESAs’ recommendation of 31 March 2021 to prepare for an expected deterioration of asset quality; first joint risk assessment report of 20211a, advising banks to prepare for an expected deterioration of asset quality by adjusting provisioning models to ensure timely recognition of adequate levels of provision, to ensure sound lending practices and adequate pricing of risks, including after public support measures such as loan moratoria and public guarantee schemes will expire and to follow conservative policies on dividends and share buy-backs; further takes note of the ESA’s warning to financial institutions to continue to develop further actions to accommodate a “low-for-long” interest rate environment; _________________ 1a jc_2021_27_jc_spring_2021_report_on_ri sks_and_vulnerabilities.pdf(europa.eu)
Amendment 147 #
2020/2122(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for a well-orchestrated shift from pandemic relief to recovery support tools, as a nearly or uncoordinated withdrawal of the temporary measures could bring back pre-crisis deficiencies and vulnerabilities of the banking sector, including increasing banks’ exposures to credit risk, potentially affecting their capital position, and undermine recovery and growth;
Amendment 159 #
2020/2122(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. NotWelcomes the accelerated pace of digitalisation in the banking sector, while pointing to the insufficient level ofallowing banks to better serve clients remotely and with new products and providing opportunities for increased cost-efficiency; underlines that digitalisation requires considerable resources for investments in this areaIT systems, R&D and new operating models, which may expose banks to weak profitability in the short term, particularly for banks with lower capital levels and riskier exposures; considers that bank consolidation of small and medium-sized banks could facilitate their IT investment;
Amendment 164 #
2020/2122(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines the importance to secure technological neutrality in regulatory and supervisory approaches; highlights the need to address challenges posed by the use of new innovative technologies related to banking supervision and the oversight of payment systems; strongly supports the European Commission’s new Digital Finance Strategy, which will facilitate the scaling of innovative technology cross-border whilst ensuring high standards of consumer protection and financial sector resilience;
Amendment 168 #
2020/2122(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the ECB’s repwortk on the digital euro and, its report as well as the outcome of its public consultation and expects further analysis of the implications of digital currency for the banking sector, in terms of financial intermediation, lending capacity and profitability; takes note of the objective for the digital euro to function alongside cash, as a means of secure and competitive digital payment; supports the ECB’s efforts in ensuring a high level of privacy protection, confidentiality of payments data, cyber resilience, and security;
Amendment 175 #
2020/2122(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes the postponement of the implementation of the Basel III reforms andat in March 2020, the Group of Central Bank Governors and Heads of Supervision (GHOS) revised the implementation timeline of the final elements of the Basel III framework; underlines the importance of sound global banking standards and their consistent implementation; awaits the Commission’s upcoming proposal on the implementation of the finalised standards, takingBasel III standards; recalls that the implementation should take into account the specificities and diversity of the EU banking sector; and business models and respect the principle of not significantly increasing overall capital requirements, while at the same time strengthening the overall financial position of European banks;
Amendment 200 #
2020/2122(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Appreciates the role of European banking supervision in ensuring temporary capital and operational relief to banks, so they can continue to provide financial support to businesses and households and absorb losses, while maintaining high quality of the supervision;
Amendment 202 #
2020/2122(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. NTakes notes that the SSM, in response to the COVID-19 pandemic, temporarily allowed banks to use extra capital buffers and provided flexibility for rebuilding them, which could allow banks to process quickly expected increase of NPLs; calls for guidance on the expected period and approach to rebuilding the buffers;
Amendment 204 #
2020/2122(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Highlights the importance of enhancing transparency and predictability of EU banking supervision and commends in this regard the recent practice of publishing bank specific Pillar 2 requirements; believes that individual requirements make SSM expectations more reliable and facilitate more informed investors’ decisions;
Amendment 205 #
2020/2122(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Expects that recent changes to the SSM organisational structure, while simplifying the system and incorporating technological innovation, will facilitate more risk focused supervision and internal institutional collaboration;
Amendment 212 #
2020/2122(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. SAcknowledges that Covid-19 induced crisis increases the risk of further build-up of NPLs; stresses that ensuring proper and timely management of deteriorated exposureasset quality in banks’ balance sheets will be key to preventing a build-up of non-performing loans (NPLs) in the short term; calls for the monitoring of any potential cliff edge effects particularly when temporary relief measures are withdrawn;
Amendment 222 #
2020/2122(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Underlines that banks should comply with applicable prudential rules and supervisory guidance on NPLs and maintain operational capacity to proactively manage distress debtors and control their balance sheets, accelerating early identification of bad loans in order to reduce the risk of weakening lending capacity in the time of great demand for recovery related investment; highlights existing flexibility in implementing ECB guidance on NPLs, including granting more time for banks with particularly high NPL levels for the submission of their NPLs reduction strategies;
Amendment 223 #
2020/2122(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Reminds that risk reduction in the banking sector would contribute a more stable, strong and economic growth oriented Banking Union; in this regard asks co-legislators to finalise the agreement on the Commission proposal for the Directive on credit servicers and credit purchasers, which will encourage the development of secondary markets for NPLs in the EU and aims to help banks to reduce the stocks of NPLs on their balance sheets; calls on the co-legislators to subsequently work on an agreement on the Commission proposal regarding accelerated extrajudicial collateral enforcement (AECE), which intends to provide banks, under certain conditions, with a mechanism to accelerate the value recovery from secured loans via an extrajudicial enforcement of procedures;
Amendment 225 #
2020/2122(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that banks should diligently assess the financial soundness and viability of businesses, proactively engage with distressed debtors to manage their exposures, and offer financing and viable restructuring, or alternative suitable options to viable companies, in order to ensure that defaults are prevented where possible, and that businesses and consumers don’t risk over-indebtedness; urges banks to contemplate, as last resort, the exit of unviable companies from the market in a structured way; considers that the prudential framework should allow and encourage such options; calls upon EBA to give banks enough room to provide forbearance measures, and avoid counterproductive capital absorptions;
Amendment 239 #
2020/2122(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the expected credit losses, together with the current low interest environment, might further negatively affect the already subdued profitability of banks; points to the need for banks to readjust their business models towards more sustainable, cost-saving and technologically advanced strategies, and to perform strategic steering and prudent oversight of business functions; emphasises the importance to ensure that banks’ provisioning decisions to support the lending capacity of banks are not unduly postponed, particularly when the demand for credit picks up;
Amendment 255 #
2020/2122(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Regrets that the home host issue remains a challenge; is concerned that if the level of NPLs rises as public support measures begin to recede, home and host countries may put in place measures to protect assets and proceed with renewed ring-fencing; stresses that banks need to be able to operate across borders while managing their capital and liquidity at a consolidated level, in order to diversify their risks and address any lack of profitability; considers that gradual harmonisation is required in areas where national options and discretions apply, including in the area of insolvency law with credible and enforceable safeguards for host countries concerning the availability of resources and impact on financial stability;
Amendment 270 #
2020/2122(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Stresses the important role of robust internal governance structures within banks, and points to the weakness identified thereof in the SSM’s 2020 Supervisory and Evaluation Process (SREP) focused on how banks handled crisis-linked risk to capital and liquidity, taking into account exceptional circumstances affecting individual banks; commends the targeted approach to collecting information for capital and liquidity assessment; underlines the importance of enacting the highest standards and a level playing field in the “fit and proper” assessments of board members of banks, which are currently construed differently across Member States due to the highly diverse transposition of the Capital Requirements Directive; endorses the ECB’s plan to revise its current Guide to fit and proper assessment in 2021 to outline its supervisory expectations on the quality of the board members; anticipates the ECB’s proposals for a package of measures aimed at enhancing the fit and proper supervision; encourages in that regard the consideration for integration of the ‘fit and proper’ requirements into the Capital Requirements Regulation;
Amendment 283 #
2020/2122(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes the EBA’s role in leading, coordinating and monitoring the EU financial sector’s fight against money laundering and terrorist financing; welcomes EBA's support on individual functioning of AML supervisory powers implementation across Member countries and calls for further actions to ensure AML/CFT supervision is risk based, proportionate and effective; points to the differences in approaches taken to AML/CFT supervision by national authorities and in the application of the EU regulation, which may result in regulatory arbitrage; takes note of EBA's second mandate to build a database on AML, expected to be developed in 2021, and enhance cooperation and exchange of information across European authorities; stresses the important role AML colleges for cross border groups, comprising of all AML authorities of the jurisdictions where the group operates, play in assessing how the group is performing under AML;
Amendment 295 #
2020/2122(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. NTakes note of the UK’s withdrawal from the EU; acknowledges the progress that many significant banks have achieved on their post-Brexit target operating models as agreed with the SSM, and supports the SSM’s efforts to monitor progress towards these models in the areas of assets, staff and booking practices; reiterates that in the context of relocation of business in the EU, empty shell institutions are not acceptable in the euro area; considers that existing regulatory loopholes in the EU legal framework should be addressed in order to strengthen supervision and recalls that the SSM will assume direct responsibility for the prudential supervision of systemically relevant investment firms once the revised Investment Firms regulation comes into force in June 2021; notes the UK’s withdrawal from the EU; takes note of the progress that many significant banks have achieved on their post-Brexit target operating models as agreed with the SSM, and supports the SSM’s efforts to monitor progress towards these models in the areas of assets, staff and booking practices;
Amendment 299 #
2020/2122(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Trusts that the introduction of a backstop into the SRF in 2022, two years earlier than originally envisaged, is positive for the strengthening of the crisis management framework; n the form of a revolving credit line from the ESM, providing a safety net for bank resolutions in the Banking Union, will strengthen the crisis management framework and is an important step towards completing the Banking Union; notes that the significant build-up of the Single Resolution Fund together with the common backstop, will provide the SRB with access to combined funds at the level of €100 billion;
Amendment 328 #
2020/2122(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Finds merit, in particular, in adopting a targeted approach to the harmonisation of the creditor hierarchy in bank insolvency proceedings, including the treatment of covered and uncovered deposits, in order to increase the scope of the funding by the DGSs in resolution and in measures other than payouts, subject to the stringent application of a least-cost test; calls therefore on the Commission to bring more clarity to the least-cost principle and to the conditions for the use of DGS funds;
Amendment 330 #
2020/2122(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Considers it necessary to review the public interest assessment in order to allow resolution tools to be applied to a broader group of banks;increase transparency and ex-ante predictability on its expected outcome, and thus allow resolution tools to be applied to a broader group of banks and provide the clarity needed to ensure more coherent and proportionate MREL levels; further in that regard underlines the need to coherently revisit the State Aid rules and the Commission’s 2013 Banking Communication 1a to reflect the progress in the implementation of the crisis management framework and to achieve consistency with respect to BRRD requirements; _________________ 1a OJ C 216, 30.7.2013, p. 1.
Amendment 348 #
2020/2122(INI)
35. Notes the importance of depositors across the Banking Union enjoying the same level of protection of their savings; takes note of the Commission proposal to introduce a European Deposit Insurance Scheme in order to further strengthen citizens’ confidence in the protection of deposits by introducing an EDISand enhance financial stability; considers the importance of EDIS in helping reduce the link between sovereigns and banks;
Amendment 104 #
2020/2091(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges the fact that Member States have established an air quality monitoring network based on common criteria defined by the AAQ Directives, with more than 4 000 monitoring stations and 16 000 sampling points; points out that site location provisions involve multiple criteria and offer a degree of flexibility which can make verification more difficult, and which often generate data that does not provide information on where the highest concentrations of air pollutants occur; urges the Commission to review and establish new mandatory rules for locating monitoring stations and sampling points; stresses the importance of choosing an open and anonymised data format that can be used freely and without constraint by all, especially the scientific community;
Amendment 109 #
2020/2091(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that, while Member States have a duty to alert affected members of the public to the precautions necessary for as long as air quality has dropped to critical levels, efforts and investment should primarily be channelled into short- and long-term preventive and anticipatory anti-pollution measures;
Amendment 118 #
2020/2091(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes Member States should seek to ensure that the example set by those cities with good practices in this area is followed by other cities in general through the formulation and implementation of contingency/emergency plans, to be activated as soon as possible where high concentrations of pollutant gases and particles that jeopardise the public health are predicted or are actually occurring;
Amendment 121 #
2020/2091(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses the need to achieve healthier cities and substantial reductions in air pollution levels, for example through the creation of green areas and pedestrian and car-free zones in urban centres and by encouraging the use of bicycles and other eco-friendly devices through the extension of safe cycle paths in and around city centres;
Amendment 81 #
2020/2078(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises that the EU faces the unprecedented challenge of mitigating the social and economic consequences of the historic recession and setting the course for a rapid economic recovery linked to a strengthening of the Single Market and SMEs, competitiveness, sustainable and just transition and digital transformation; is convinced that, for this, a significant increase in public and private investment compared to the 2010srivate and public investment is indispensable and that the increased level of economically viable investment must be stabilised for many years to come, while there is also a need for enhanced convergence in the EU;
Amendment 135 #
2020/2078(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls the specific need to foster convergence within the euro area and EU as such;
Amendment 184 #
2020/2078(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. PropoWishes to sese a combination of expenditure rules for public non- inverapid EU’s recovery from the COVID-19 crisis by stmrent expenditure and a golden rule for public investment which is central to both; wishes to see a rapid recovery from the COVID-19 crisis andgthening the Single Market, competitiveness, cohesion, a transition to a cleaner, socially sustainable and more digital society;
Amendment 219 #
2020/2078(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission urgently to start work on the creation of dedicated coordination mechanism in the EU to ensure that Europe is able to become the first climate-neutral continent by 2050;
Amendment 56 #
2020/2075(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the need to review the economic governance framework will take place in challenging circumstances, underlined by traditional divide between states with weak financial stability and those fiscally conservative, in the circumstances of ultra-low interest rates and unprecedented debt legacies and in the context of a big fiscal recovery package and loans funded by common debt, yet to be deployed adequately;
Amendment 57 #
2020/2075(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that the review of the economic governance framework was put on hold due to the pandemic; observes that the fiscal stance at Member-State level had frequently been pro-cyclical, both in good and in bad times, respectively by not building sufficient buffers in some periods or not making sufficient use of fiscal space in others;
Amendment 62 #
2020/2075(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. AIs of the opinion that the review of fiscal rules is necessary; agrees with the European Fiscal Board (EFB) on the importance of having a clear pathway towards a reformed fiscal framework prior to the deactivation of the GEC; is aware that kick-starting the review after the deactivation of the general escape clause will make it more difficult, contentious and divisive; considers, therefore, that an overhaul of the fiscal rules should be reflected on before the possible shift toward the current rules could take place;
Amendment 69 #
2020/2075(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that going back to the current rules, in particular the adjustment paths, would lead to an excessive speed of debt reduction undermining unnecessarily the recovery path of the economies, and potentially weakening the commitment to respect the rules;
Amendment 91 #
2020/2075(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for a continued expansionary fiscal stance for as long as needed and for it to be shifted to support the recovery from the COVID-19 pandemic and a green, digital and inclusive transformation while ensuring fiscal sustainability; considers that a supportive fiscal stance at the euro zone level and ensuring a policy stance which supports the recovery during the pandemic would be necessary to manage the cycle, combining creditworthiness of all member states;
Amendment 115 #
2020/2075(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to seek ways of mitigating the impact of ending bank loan repayment moratoriums for individual citizens and businesses in a bid to avoid a significant increase in levels of default and non-performing loans; notes that loan repayment moratoriums are a vital means of safeguarding household and businesses liquidity levels; calls, therefore, on national governments to take measures to balance a return to timely loan repayment with the need to safeguard personal incomes, company solvency and the stability of the banking sector; calls on the Commission to consider an EU approach to credit moratoriums in the context of a deepening banking union; calls on the European Central Bank and the European supervisory authorities (EBA, ESMA and EIOPA) to make further recommendations in this area;
Amendment 116 #
2020/2075(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Maintains that, during the escape clause activation period and a possible transitional period pending restoration of a normal or restructured fiscal framework, national governments should seek to promote quality public investment with targeted, efficient and expansionary budget implementation; believes that the existing flexible framework provisions should not result in structural fiscal imbalances but should sustainably underpin economic recovery in Europe through structural reforms tailored to EU policy objectives; takes the view that, while unjustifiable budget overruns are undeniably detrimental to public finances, the inadequate take-up of funding on a regular basis is also harmful, starving national economies of potentially strategic future investment;
Amendment 117 #
2020/2075(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Takes the view that any transitional period marking a derogation from fiscal rules or paving the way for their reinstatement should not provide an opportunity for an exponential increase in public expenditure, thereby pushing up public debt to unsustainable levels in order to expand the economic role of the State; believes that flexible framework provisions during such a period should, as a matter of priority seek to promote business competitiveness through investment, fiscal and economic stimulus policies;
Amendment 119 #
2020/2075(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Notes that the increased private and public debt levels due to the pandemic are a burden for future generations and might be a drag on the recovery;
Amendment 136 #
2020/2075(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of complementarity between monetary and fiscal policies to deliver the required support post-COVID-19; considers that the low interest rate environment has implications for fiscal policy; warns against aand their instruments, in the current low interest rate environment, in lifting the euro area economy out of the current low-growth, low-inflation trap; considers that the common European fiscal response (Next Generation EU) is crucial to recovery and that premature tighteningwithdrawal of monetary and fiscal policymeasures should be avoided;
Amendment 141 #
2020/2075(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that the European Central Bank Pandemic Emergency Purchase Programme (PEPP) is a corollary of an unconventional and expansionary monetary policy that allows Member States regular access to debt markets and facilitates stable public debt management; recalls that this programme is scheduled to end in March 2022; believes that any review of European budget rules should take into account the impact of ending this programme, particularly in countries with high public debt-to-GDP ratios; takes the view that, while budgetary rules should factor in monetary policies such as the quantitative easing programme, their review should not depend on whether or not these programmes exist;
Amendment 144 #
2020/2075(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the need for a coordinated approach in correcting excessive saving and insufficient public and private investments;
Amendment 153 #
2020/2075(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for an appropriatclose fiscal and monetary policy mix that work together towards achieving the EU’s objectivescoordination towards achieving the EU’s objectives in line with the Treaties, the framework powers assigned to the Union and the remit of the European Central Bank; underlines the inseparability of economic and monetary responses and accordingly advocates an ongoing structured dialogue between the European Central Bank and the other European institutions; recalls that monetary policy, although necessarily independent, must be subject to scrutiny by citizens through their parliaments, in particular the European Parliament;
Amendment 166 #
2020/2075(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that public debt levels have increased and that some Member States already have a sizeable debt legacy; notes with concern that the average debt- to-GDP ratio of EU Member States will surpass 100% in 2021; notes that circumstances have changed since the Maastricht criteria were defined and that inflation and interest rate levels are considerably lower today; points out that this environment will not necessarily last going forward and that the interest rate environment can change fast, while reducing debt levels may take a considerable period of time;
Amendment 182 #
2020/2075(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that debt service costs are expectedlikely to remain low for the foreseeablenear future and primary deficits are likely tomay be offset by favourable interest-growth differentials; further considers that as long as the differentials are negative it is possible to sustain and progressively reduce high debt levels; points out though that some Member States have had structural problems to achieve sufficiently high growth rates in the past;
Amendment 199 #
2020/2075(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls the importance of sustainable growth- enhancing policies and publiceconomic policies promoting public investment with high added value and measures to support quality private investment aimed at increasing growth potential and achieving the EU’s objectives;
Amendment 210 #
2020/2075(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of pursuing a broad and transparent DSA, transparent and thorough debt sustainability assessment in order to set an appropriate country-specific path, using innovative tools and techniques such as stress tests and stochastic analysis to better reflect risks to public debt dynamics;
Amendment 232 #
2020/2075(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Points out that a more transparent, simple, and better enforceable economic governance framework is needed with well-defined and transparently triggered flexibility mechanisms;
Amendment 235 #
2020/2075(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for the renewed fiscal framework to promote sustainability and cyclical stabilisation and to improve the quality of public expenditure through sustainable investments and reforms; calls for well-defined, transparent, simple, flexible and enforceable rules embedded in a credible and democratic framework that take into account the specificities of Member States and promote upward economic and social convergence; considers, therefore, that country-specific recommendations tailored to the national economic reality of each Member State are an important tool for achieving these objectives; calls on national governments to take note of country-specific recommendations and seek to achieve reforms in line with them; notes that, without prejudice to such localised solutions, EU budgetary objectives are shared and should be pursued with clear targets and well-defined strategies; urges the Commission to further enhance country-specific recommendations in order to make them more effective and transparent;
Amendment 255 #
2020/2075(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Suggests focusing the fiscal targets on the achievement of a single credible debt anchor aimed at reducing high debt ratios in a realistic and reasonable period of time and differentiated according to the existing debt level of the Member States; points to the EFB proposal for country specific recommendations for the path of reducing the debt ratios;
Amendment 263 #
2020/2075(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Proposes an expenditure rule with a 20 ceiling on nominal public expenditure when a country’s public debt exceeds a certain threshold; believes that such a ceiling and public debt threshold should be determined at European level while factoring in the specific situation of each country, especially in the light of the country-specific recommendations; takes the view that such an instrument should incorporate a high level of flexibility, while respecting the specific fiscal responsibilities of each Member State; _________________ 20 A ceiling fixed for 3-5 years that would depend on the expected potential output growth, expected inflation and the distance from the debt anchor.
Amendment 311 #
2020/2075(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that governments’ revenues, especially from taxes, are essential to guarantee the sustainability of public finances; recalls that taxation falls within the national competence and fiscal sovereignty of each Member State; calls on the Member States to take action to tackle tax fraud, tax avoidance, and tax evasion, as well as money laundering; and related white-collar crime; stresses, in this regard, the need to formulate European anti-corruption strategies with more responsive administrative and judicial cooperation mechanisms and more efficient exchanges of information; points out that taxation is not only a cornerstone for sustainable public finance and budgetary equilibrium but also a possible form of market intervention by Member States, providing solid support for the deployment of individual and corporate funding to generate wealth and boost our economic competitiveness;
Amendment 337 #
2020/2075(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the creation of the NGEU, which is financed through debt issuance guaranteed by the EU budget; underlines that EU-issuance debt22 will provide a new supply of European high- quality assets, which is a major step toforwards a permanent EU safe asset in deliberations regarding a permanent EU safe asset; points out that deeper European integration in this field requires profound institutional changes that can only be achieved as part of a deep, broad and transparent debate on the future of the Union; _________________ 22 NGEU & SURE bonds.
Amendment 356 #
2020/2075(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses the importance of the MIP in identifying and taking preventive and corrective actions against emerging imbalances; points out, however, that the potential of this mechanism has not been fully exploited on account of its structural weaknesses;
Amendment 368 #
2020/2075(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the MIP to be reformed to make its indicators and recommendations more forward-looking and symmetrical with regard to over- and undershooting target values, and to focus on indicators under the control of policymakers and geared towards reducing intra-euro area imbalances; considers that greater compliance with pared-back recommendations must be achieved and MIP-relevant country- specific recommendations should focus on policy actions that can have a direct impact on imbalances;
Amendment 398 #
2020/2075(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for a renewed European Semester as the main economic and social policy coordination framework supporting the EU’s long-standing goals of sustainabilityle growth and upward convergence with stronger national ownership and modernising Member States economies; calls for more rigorous democratic scrutiny and for Parliament’s full involvement in defining the overarching goals and the guidance;
Amendment 444 #
2020/2075(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Takes the view that, while reform of the European Union’s own resources is a separate issue from the debate on budgetary policy, there is still a link with new or traditional own resources, which must be addressed through budgetary policies, including fiscal measures; Reiterates the urgency of increasing and diversifying the EU budget’s revenue sources and of linking own resources with policy objectives;
Amendment 448 #
2020/2075(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls forPoints out that the Eurogroup, as an informal meeting of euro area finance ministers, remains outside the scope of original Union law; calls for the nature of the Eurogroup’ and its decision- making process to be reassessed to include appropriate democratic accountability; calls for the Chair of the Eurogroup to be and more consistent decision making; believes that a substantial change to Eurogroup electoral rules should be considered, with possible alternatives including the election of an Chair who is independent (not a Member State finance minister) or is one of the Commission Vice-Presidents;
Amendment 45 #
2020/2071(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas medicine shortages are a growing public health threat with a serious impact on health care systems and public health;
Amendment 91 #
2020/2071(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the loss of European sovereignty and independence in the health sector is linked to the relocation of production, with 40% of medicinal end products marketed in the EU now originating in third countries; whereas the onlyone way to save money is to rely heavily on subcontractors to produce pharmaceutical raw materials in Asia, where labour costs and environmental standards are lower, with the result that 80% of active ingredients are manufactured outside the EU, mainly in China and India;
Amendment 157 #
2020/2071(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, in the absence of a regulatory authority, stockpiling in some Member States is leading to a market imbalance excessive stockpiling can lead to a market imbalance if cooperation between Member States is insufficient;
Amendment 187 #
2020/2071(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas a strong, innovative and competitive pharmaceutical industry in Europe is in the vital interest of the EU and its Member States;
Amendment 190 #
2020/2071(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the pharmaceutical industry needs the right legal framework to do research, development and production of pharmaceuticals within the EU;
Amendment 213 #
2020/2071(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that, while public health policies are a Member State matter,the "Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care" it is very clear that pharmaceutical legislation needs to be done by the European Union and partly exercised by the EMA and it is incumbent upon the EU to coordinate and complement national measures to guarantee affordable and high- quality health services for the European citizens;
Amendment 275 #
2020/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to take whatever action is needed to restore European health sovereignty and local pharmaceutical manufacturing, giving priority to essential and strategic medicines; calls on the Commission to map out potential production sites in the EU;
Amendment 397 #
2020/2071(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that procurement procedures with only one successful tenderer with only one production site of the basic substance may exacerbate vulnerability should supplies be disrupted; calls on the Commission and the Member States to introduce procurement procedures under which contracts may be awarded to a number of successful tenderers where each has at least more than one production site in different countries (including one within the EU) for the tendered medicinal product, in order to maintain market competition and reduce the risk of shortages, while guaranteeing high-quality treatment for patients;
Amendment 406 #
2020/2071(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Ask the Commission to examine if it is possible to create a legislative framework that encourage and enables healthcare systems to do tenders that award pharmaceutical companies that guarantee the supply of pharmaceuticals in difficult circumstances by focussing on production inside the EU and guarantee at least two different sources for the basic substance; ask the Commission to examine if legislative requirements to ensure more sustainable delivery of pharmaceuticals can be mandated under EU law;
Amendment 423 #
2020/2071(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to to make concreate one or more European non-profitproposals how models of public private pharmaceutical undertakings which operate in the public interest to manufacture priority medicines of strategic importance for health caretnership like the US Biomedical Advanced Research and Development Authority can be established in the EU to operate in the public interest; stresses the key contribution that can be made by new technologies and artificial intelligence in enabling European laboratory researchers to form networks and share their objectives and findings;
Amendment 529 #
2020/2071(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to develop European health strategies on the basis of a common basket of drugs for the treatment of cancer and infections whose prices are harmonised, in a bid to counter recurrent shortages and ensure that patients have access to treatment; calls on the Commission to also examine, whether a harmonised price for those drugs may solve the problems of shortages for those life-saving drugs;
Amendment 8 #
2020/2058(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication on the Sustainable Europe Investment Plan (COM(2020)0021), which aims to enable a just and well-managed transition towards a resilient and sustainable society; emphasises that it is imperative that the EU achieve the revised 2030 and 2050 climate and biodiversityall environmental goals and reach its commitments under the Paris Agreement, based on the best available science;
Amendment 20 #
2020/2058(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers it essential that the investment plan provides for and enables additional investment with real added value and doesn’t crowd out market financing;
Amendment 24 #
2020/2058(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises that the transition cannot be done simply with public funds; calls on the Commission when developing the Investment Plan to encourage and enable private investments;
Amendment 99 #
2020/2058(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the success of the EU’s aim to achieve climate neutrality will, among other factors, depend on the adequacy of the financing;
Amendment 104 #
2020/2058(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers it essential that the SEIP provides for and enables additional investment with real added value and does not crowd out market financing;
Amendment 109 #
2020/2058(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Emphasises that the transition cannot be done simply with public funds; calls on the Commission when developing the SEIP to encourage and enable private investments;
Amendment 110 #
2020/2058(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines that, even with ambitious funding, the available funds will not be unlimited; calls on the Commission to establish a robust framework for reporting and monitoring to ensure that spending has a real impact;
Amendment 140 #
2020/2058(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls onNotes the intention of the Commission to revise State aid rules to allow public support for the European Green Deal and to reform the European Semester to deepen the inclusion of the Sustainable Development Goals and the European Pillar of Social Rights; calls on the Commission to ensure the integrity of the internal market and a level playing field in any future revision;
Amendment 143 #
2020/2058(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes the proposals on reforming the European Semester to deepen the inclusion of the Sustainable Development Goals and the European Pillar of Social Rights; recognises that the focus of the European Semester should be sound fiscal policies and structural reforms for competitiveness;
Amendment 166 #
2020/2058(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines the importance of increased economic growth in facilitating the necessary investments for transitioning the economy;
Amendment 172 #
2020/2058(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission to facilitate exchange of best practices between Member States regarding the role of public investment in achieving the Green Deal;
Amendment 405 #
2020/2058(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 419 #
2020/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Insists on the integration of governance objectives in the sustainability framework, including through additional voting rights for long-term shareholders, reform of remuneration structures and fiduciary duties for top-line management, and mandatory sustainability reporting and due diligence fovites the Commission to analyse how a long-term perspective can be better financial institutions and large corporates; welcomes the preparation of a sustainablcorporated into the corporate governance initiativregime;
Amendment 435 #
2020/2058(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that investments in unsustainable economic activities may lead to stranded assets with lock-in effects; considerspoints out that this risk needs to be insufficiently integrated in credit ratings and prudential frameworks;
Amendment 455 #
2020/2058(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the introduction of an enabling framework for public sustainable investments to achieve the goals set out in the European Green Deal, but stresses that whatever financing model is chosen must not undermine the sustainability of public finance in the EU; supports the commitment by EVP Dombrovskis to explore how taxonomy can be used in the public sector; calls for public support for airlines to be used in a sustainable and efficient mannerStresses that increased levels of public sustainable investments must not undermine the sustainability of public finance in the EU;
Amendment 473 #
2020/2058(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Rejects the idea of an enabling framework for public sustainable investments or any 'fast-track-procedure' under the Stability and Growth Pact;
Amendment 4 #
2020/2046(INI)
Motion for a resolution
Recital A
Recital A
A. whereas EU taxpayers held EUR 1.5 trillion offshore in 2016, resulting in an average tax revenue loss of EUR 46 billion in the EU as a result of tax evasion by individuals12 ; that this amount is only a parcel of the general problem of tax avoidance by individuals and companies; and that this value is illegitimately subtracted to national budgets and, therefore, represents an additional effort to compliant taxpayers; _________________ 12European Commission, Directorate- General for Taxation and Customs Union, Taxation Papers, Working Paper No 76, ‘Estimating International Tax Evasion by Individuals’, September 2019, https://ec.europa.eu/taxation_customs/sites/ taxation/files/2019-taxation-papers-76.pdf
Amendment 20 #
2020/2046(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the difficulties encountered in the Council in agreeing on the improvements put forward by the Commission demonstrates the need to promovte to a qualified majorityhe debate on the decision making procedure, in line with the provisions of the treaties in tax matters;
Amendment 29 #
2020/2046(INI)
C. whereas it is in the responsibility of Parliament to exercise political scrutiny over the Commission, including its enforcement and implementation policy,“the European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall exercise functions of political control and consultation as laid down in the Treaties” according to Article 14 TEU and whereas “this requires adequate access to relevant informatione Commission, as a body, shall be responsible to the European Parliament” according to Article 17.8 TEU;
Amendment 37 #
2020/2046(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the DAC framework should be accompanied by equal attention to the capacity and willingness of tax administrations to facilitate compliance and serve the interests of taxpayers;
Amendment 38 #
2020/2046(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the Directive on Administrative Cooperation in the field of Taxation must be an instrument to enhance the common work of national tax administrations, but must consider dimensions such as: i) the reinforcement of tax administrations resources (on human, financial and infrastructure - mainly digital infrastructure); ii) the protection of taxpayers rights, such as data protection; iii) the safeguard of professional and industrial secrets, with high standards of cybersecurity in the exchange of information process; iv) the reduction of administrative and bureaucratic burden to taxpayers and companies; v) the promotion of higher performance standards for tax administrations, with tighter deadlines to comply with european rules; and vi) the safeguard of the competitiveness of our companies, with simpler and faster ways to guarantee compliance with the administrative requirements;
Amendment 42 #
2020/2046(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas that the progressively digitized and globalized economy reveals complex and challenging dimensions, such as digital assets and crypto-assets, it is important to increase cooperation between national tax administrations in this field. A clear definition of crypto- assets, in line with the ongoing work within the OECD and FATF, would be important to enhance the combat against tax evasion and to promote fair taxation. The proliferation of crypto-currencies is a topical matter and should be considered in any effort to increase administrative cooperation, based on the principles of subsidiarity and proportionality;
Amendment 44 #
2020/2046(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas tax policies are at the core of national fiscal and tax sovereignty and represent national competences, any major decision at the European level must be based on a strict respect for the intergovernamental logic that presides this field of European integration; whereas important decisions on further integration on this matter must be taken always respecting the treaties, national competences and fiscal and tax national sovereignty; whereas this Parliament stands with the ambition to find innovative solutions on tax matters, having in regard the institutional framework that we want to preserve;
Amendment 46 #
2020/2046(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas the administrative cooperation in the field of taxation must be an instrument to enhance the combat against tax fraud and evasion by individuals and enterprises, through improved communication channels and effective exchange of information practices;
Amendment 48 #
2020/2046(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
D e. whereas the consecutive revisions of the Directive on Administrative Cooperation in the field of Taxation proves that this is a dimension of topical interest for Member States and European policy makers, that the European instruments are gradually and progressively evolving to a logic of closer cooperation and that citizens are aware of the European solutions added value on tackling issues linked to taxation, mainly on the combat against tax fraud and evasion;
Amendment 49 #
2020/2046(INI)
Motion for a resolution
Recital D f (new)
Recital D f (new)
D f. whereas the lack of information publicly available on the quantitative data of the exchange of information performed under DAC1 to DAC4 makes the democratic scrutiny of national parliaments and the European Parliament significantly difficult; and that the publication of anonymized and purely quantitative data would be useful to the evaluation of the implementation of the Directive by Member States;
Amendment 50 #
2020/2046(INI)
Motion for a resolution
Recital D g (new)
Recital D g (new)
D g. whereas the delayed or deficient transposition of DAC by Member States justified several infringement procedures and that this scenario motivates this Parliament on the stand for a strict control by the Commission on the transposition of European legislation on tax matters and, specifically, on DAC provisions;
Amendment 52 #
2020/2046(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that the DACEU institutions hasve been continuously imreviewing and gradually tightening the DAC rules and provced to widen the sures under which the Member States coope of therate with each other with a view to exchangeing of information (EOI) in order to curbimprove Member States ability to prevent cross-border tax fraud, tax evasion and tax avoidance, including the recent proposal on DAC7, as well as the plans for DAC8;
Amendment 55 #
2020/2046(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes, however, that some types of income and assets are still excluded from the scope, which presents abetter implementation and application of rules by tax authorities are necessary in order to minimize the risk of circumventing tax obligations; calls on the Commission to assess the need and the most appropriate way to include the following ownership information, items of income and non-financial assets in the automatic exchange of information (AEOI): (a) the beneficial owners of immovable property and companies; (b) capital gains related to immovable property and capital gains related to financial assets, in particular to find ways for tax administrations to be better informed to identify realised capital gains; (c) non-custodial dividend income; (d) non-financial assets such as cash, art, gold or other valuables held at free ports, customs warehouses or safe deposit boxes; and (e) ownership of yachts and private jet, first of all, guarantee a better enforcement of existing DAC rules in domestic laws of the Member States and application by tax authorities, and secondly, expand the scope of mandatory information exchange to include crypto- currencies, non-custodial dividend income and advance cross-border tax rulings issued for natural persons;
Amendment 61 #
2020/2046(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Observes that the effectiveness of DAC1 is seriously constrained by the fact that Member States are only required to report at least two categories of income; calls on the Commission to make it mandatory to reportthe data that is readily available; takes note of the recent amendment, that obliges the Member States to exchange all information that is available, but on at least two categories of income for taxable periods until 2024 and on at least four categories of income with other Member States with respect to taxable periods as of 2024; calls on the Commission’s further assessment before suggesting new steps; urges the Commission to put forward a proposal to oblige Member States to exchange information on all the categories of income and assets in the scopprovisioned in the Directive;
Amendment 67 #
2020/2046(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that the definition of reporting Financial Institutions (FIs) and types of accounts that need to be reported in DAC2 involves a risk of circumvention and increased bureaucracy; calls on the Commission to guide Member States to achieve better DAC2 data completeness, to establish specific procedures for auditing the financial institutions regarding the quality and completeness of the data sent; calls for an assessment by the Commission ofto check the need to possibly extend the reporting obligations to other relevant types of FIs, to avoid further red-tape and to possibly review the definition of excluded accounts and to remove the thresholds applicable to pre- existing entity accounts;
Amendment 72 #
2020/2046(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes that DAC3 contains certain blind spots; therefore calls fordata entries lack quality and that available data to Member States have not been sufficiently evaluated; calls on them to better exploit the existing datasets before possibly widening the scope of EOI under DAC3 to be widened to include informal arrangements, post- transaction agreements, natural persons and rulings which are still valid, but which were issued, amended or renewed before 2012;
Amendment 75 #
2020/2046(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Reminds that DAC provisions are applicable to every enterprise that is obliged by the reporting duties; however, recalls that MNEs and SMEs have significant differences on their compliance policies and that must be considered in future DAC revisions; therefore, understands that SMEs compliance costs and administrative burden must be reduced;
Amendment 87 #
2020/2046(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the information exchanged is of limited quality; calls for stronger enforcement procedures at Member State level and to set up domestic systems of penalties that they apply for incorrect or incomplete reporting having an effective deterrent effect; calls on the Commission to include on the spot visits in Member States and to assess the effectiveness of their monitoring schemes; calls on the Member States to establish a system of quality and completeness checks of DAC data, as well as procedures for the audit of reporting obliged entities regarding the quality and completeness of data sent;
Amendment 94 #
2020/2046(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the effectiveness of the DAC relies heavily on theDAC5 provided access by tax authorities to beneficial ownership information as collected under anti- money -laundering (AML) directives in place at Member State level; observes that the incorrect implementation of these directives, the lack of effective enforcement and the remaining weaknesses inrules; observes that the fifth AML Directive (AMLD5) widened the scope for interaction between AML and DAC and that the AML framework undermine the effectiveness of the DACD5 had to be transposed by Member States by 10 January 2020;
Amendment 96 #
2020/2046(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Acknowledges that several Member States are under infringement procedures based on the lack of transposition of AMLD4 and AMLD5; reminds that stronger, deeper and effective administrative cooperation in the field of taxation is an important tool to tackle Money Laundering criminal practices; understands that judicial procedures are matter of national competence comprehended at the core of national sovereignty; calls, however, for a deeper cooperation in the field of judicial and criminal matters, based on the outcome of an effective administrative cooperation in the field of taxation; reminds that the definition of crimes is a national competence, but recalls the importance of the ECJ jurisprudence and the added value of judicial cooperation;
Amendment 99 #
2020/2046(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Understand that DAC provides a valuable framework of rules that can help the combat against Money Laundering and terrorist financing; welcomes the Commission Action Plan in this area; urges the Commission to consider the proposal for a binding regulation on the field of AML; rejects any solution that multiplies entities, legislative frameworks and bureaucratic mechanisms that are obstacles to an effective combat against money laundering criminal practices;
Amendment 104 #
2020/2046(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Observes that increasingly complex structures are being used to conceal the ultimate beneficial owners and therefore thwart the effective implementation of AML rules; believes there should be no threshold for reporting the beneficial ownersCalls on the European Commission to present, in due time, an evaluation of the interaction between AML and DAC 2020;
Amendment 109 #
2020/2046(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the Commission monitors the transposition of the DAC legislation in the Member States; points out, however, that it has so far neither taken direct and effective action to address the lack of quality of the data sent between Member States, nor carried out visits to Member States, nor has it ensured the effectiveness of sanctions imposed by Member States for breaches of the DAC reporting provisions; calls on the Commission to step up its activities in this regard and to launchtake direct and effective actions to address the lack of quality of data sent by Member States, further develop its guidance for Member States on implementing the DAC legislation, performing risk analysis and using tax information received, and use as an instrument of last resort infringement procedures, using, among others, the Global Forum13 and Financial Action Task Force reviews; _________________ 13Global Forum on Transparency and Exchange of Information for Tax Purposes.
Amendment 112 #
2020/2046(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Acknowledges that the minimum requirements on the exchange of information are insufficient; asks, therefore, for the consideration of all categories of income provisioned in the Directive within the exchanges of information; however, understand that the current list of income categories subject to that exchange of information is sufficient; calls for the application of the DAC provisions at it's full extent;
Amendment 117 #
2020/2046(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Understand that the Tax Identification Number (TIN) is an important instrument to identify taxpayers and that the exchange of information provisioned in the Directive must be based on solid and certain grounds guaranteed by identification processes duly installed in Member States; recalls that every measure to facilitate taxpayers identification must respect fundamental rights, especially the right to privacy and data protection;
Amendment 122 #
2020/2046(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. RegretsTakes note of the fact that information exchanged on request (EOIR) has often been found to be incomplete and required further clarifications; calls on the Commission to assess indications that EOIR is unsatisfactory with several third countries, including Switzerland;
Amendment 126 #
2020/2046(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the fact that one Member State, Malta, has received an overall ‘partially compliant’ score in the peer review by the Global Forum for EOIR; regrets the fact that material deficiencies have been identified in 18 Member States15 ; calls, therefore, the Member States to fully commit with the DAC objectives and the increment of EOI best practices; _________________ 15 https://www.europarl.europa.eu/RegData/et udes/STUD/2021/662603/EPRS_STU(202 1)662603_EN.pdf
Amendment 132 #
2020/2046(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the use of information under the DAC for non-tax matters requires prior authorisation from the sending Member State, which is not always granted, although commonly based on justified terms; insists that the use of information exchanged under the DAC should always be authorised for purposes other than tax matters where this is allowed under the laws of the receiving Member State; urges, in this context, the Member States to fully commit to high standards of respect for citizens fundamental rights, as taxpayers;
Amendment 136 #
2020/2046(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Acknowledges the added value of sharing best practices and permanent support from the Commission on the empowerment of national tax administrations; underlines the special role of Fiscalis 2020 programme in this regard; recalls that, nevertheless, national tax administrations need significant reinforcement on their human, financial and infrastructural resources; calls, therefore, Member States to commit to sufficient levels of investment on national tax administrations;
Amendment 148 #
2020/2046(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission and the Member States to establish a common framework for measuring the impact and the cost-benefits of the DAC; calls on the Commission to publish annually a summary of the information received by Member States; this information must be anonymised and safeguard confidential or sensible information on taxpayers; however, this report must have aggregated and detailed data for a proper democratic scrutiny by the Parliament;
Amendment 154 #
2020/2046(INI)
20 a. Calls on the Member States to reinforce the investment on IT infrastructure, in order to digitalize national tax administrations and, therefore, reduce bureaucracy, administrative burden and compliance costs on taxpayers;
Amendment 163 #
2020/2046(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Deeply regrets the fact that all Member States – with exception of Finland and Sweden – have refused to grant Parliament access to the relevant data to assess the implementation of DAC provisions; deplores the fact that the Commission has decided to refusedid not grant Parliament access to the respective data in its possession; considers that Parliament is thereby in effect being hindered in exercising its function of political scrutiny over the Commission; notes that this implementthe Commission risks the application of Article 17.8 TEU that states that “the Commission, as a body, shall be responsible to the European Parliament”; notes that the Parliament has had a lack of information repfort therefore has significant shortcomings preparation of this implementation report; calls on the Member States and the Commission to put an end to their refusal to share the relevant documents, in line with Regulation 1049/200116, which applies directly, and the principle of sincere cooperation, provisioned in Article 13(2) of the TEU; calls for Parliament to use all legal means at its disposal to ensure that it receives all documents needed for a complete assessment of the implementation of the DAC; _________________ 16Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43.
Amendment 164 #
2020/2046(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Deplores the position of the Council on the context of consecutive DAC revisions, based on the constant mitigation of Commission proposals and the disregard of Parliament positions; calls the Council to review it's attitude towards the Parliament on tax matters and, concretely, on DAC revisions; urges the Council to concede access to relevant information on DAC implementation, in order to guarantee a proper democratic scrutiny by the Parliament;
Amendment 168 #
2020/2046(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Calls on the Commission to put forward a comprehensive legislative proposal on a global revision of DAC, considering the Parliament's proposals in recent revision processes, according to this implementing report and in line with a wide public consultation;
Amendment 169 #
2020/2046(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22 c. Understands that DAC, as comprehended on tax matters, is an intergovernamental dimension on European integration; reminds, however, that tax policies are structural in the fulfillment of strategic EU objectives, mainly related to AML, terrorist financing, combat against tax fraud and evasion, etc.; urges the Commission and the Council to respect the institutional framework of the EU and to consider a closer cooperation with the Parliament on tax matters and, concretely, in future DAC revision procedures;
Amendment 215 #
2020/0374(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, display or default settings, as opposed to the products of third parties also operating on that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which are considered or used by certain end users as a service distinct or additional to the online search engine. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
Amendment 245 #
2020/0374(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain from the very beginning of the compliance period that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specifiedAs business practices and aspects of the core platform, services offered by gatekeepers might differ from one another, it is likely that uncertainties and misinterpretations about appropriateness of the implemented measures arise. To eliminate them even before the compliance period commences, it is necessary that gatekeepers could request the Commission to determine whether the measures that it intends to implement are effective in achieving the objective of the relevant obligation in the specific circumstances. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. In this process, the Commission may need additional advice, insight knowledge and experience about the market of the core platform service subject to the dialogue. In such cases, the Commission may consult third parties like business users and competitors, civil society organisations, national competent authorities and others, which the Commission has determined as relevant for the respective core platform service. The Commission should act with respect and protection to sensitive business data during these consultations. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
Amendment 264 #
2020/0374(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) The services and practices in core platform services and markets in which these intervene can change quickly and to a significant extent. To ensure that this Regulation remains up to date and constitutes an effective and holistic regulatory response to the problems posed by gatekeepers, it is important to provide for a regular review of the lists of core platform services as well as of the obligations provided for in this Regulation. This is particularly important to ensure that behaviour that may limit the contestability of core platform services or is unfair is identified. While it is important to conduct a review on a regular basis, given the dynamically changing nature of the digital sector, in order to ensure legal certainty as to the regulatory conditions, any reviews should be conducted within a reasonable and appropriate time-frame. Market investigations should also ensure that the Commission has a solid evidentiary basis on which it can assess whether it should propose to amend this Regulation in order to expand, or further detail, the lists of core platform services. They should equally ensure that the Commission has a solid evidentiary basis on which it can assess whether it should propose to amend the obligations laid down in this Regulation or whether it should adopt a delegated act updating such obligations.
Amendment 266 #
2020/0374(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) In the event that gatekeepers engage in behaviour that is unfair or that limits the contestability of the core platform services that are already designated under this Regulation but without these behaviours being explicitly covered by the obligations, the Commission should be able to update this Regulation through delegated actsislative acts in accordance with Article 294 of the TFEU. Such updates by way of delegated act should be subject to the same investigatory standard and therefore following a market investigation. The Commission should also apply a predefined standard in identifying such behaviours. This legal standard should ensure that the type of obligations that gatekeepers may at any time face under this Regulation are sufficiently predictable.
Amendment 275 #
2020/0374(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The Commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this Regulation. Such actions should include the ability of the Commission to appoint independent external experts, such as and auditors to assist the Commission in this process, including where applicable from competent independent authorities, such as data or consumer protection authorities. Considering the large number of business and end users of gatekeepers’ core platform services resulting in exponentially larger number of non- compliance practices, cases and scenarios, a reporting mechanism for business and end users would facilitate the Commission in the swift indentification of systemic non- compliance by gatekeepers. Such a reporting practice would additionally reduce the need for formal litigation practices and thus reduce the burden in national and EU courts of justice.
Amendment 388 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 640 days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1.
Amendment 423 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 within sixfour months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
Amendment 502 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation and effective equivalent to all other parties use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the data protection, safety and integrity of the hardware or operating system provided by the gatekeeper. If the gatekeeper takes such measures, it shall provide the third party affected by these measures with detailed justification and limit them to what they can prove as being strictly indispensable for the objective of avoiding to endanger the integrity of the hardware or operating system provided by the gatekeeper;
Amendment 515 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking, display or default settings services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such ranking, display or default settings;
Amendment 522 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) refrain from technically, commercially or operationally 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 533 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users and providers of core platform and ancillary services equivalent access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any core platform and ancillary services;
Amendment 549 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of data provided by or generated through the activity of a business user or end user and shall, in particular, provide free of charge tools for end users to facilitate the exercise of datathe portability of personal data, in line with Regulation EU 2016/679, and of non- personal data, including by the provision of continuous and real-time access ;
Amendment 593 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The measures implemented by the gatekeeper to ensure compliance with the obligations laid down in Articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. The gatekeeper shall enotify these measures thato these measures Commission and ensure that they are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety.
Amendment 609 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings within threewo months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings.
Amendment 614 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. A gatekeeper may request the opening of proceedings pursuant to Article 18 forTo ensure effective compliance with the obligations laid down in this Regulation, within one month after its effective designation, a gatekeeper may request the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with its request, provide a reasoned submission to explain in particular why the measures that it intends to implement or has implementeare effective in achieving the relevant obligation in the specific circumstances. In the preparation of its position following this request of the gatekeeper, the Commission may consult third pare effective in achieving the objective of the relevant obligaties such as business users and competitors, civil society organisations, national competent authorities and others deemed relevant by the Commission for the respective core platform services subject of the request of the gatekeeper. The Commission may specify the measures that the gatekeeper concerned shall implement and shall submit its final position within the specific circumstancesree months after it has accepted the request of the gatekeeper. As stipulated in Article 3(8) the gatekeeper shall comply with the obligations laid down in Articles 5 and 6 within four months after the conclusion of the procedure described in this article.
Amendment 678 #
2020/0374(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers and any other digital technology technique used to entice users to engage in certain actions or predict their actions that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually. Audits performed pursuant to paragraph 1 shall be performed by organisations which: (a) are independent from the gatekeeper concerned and have not provided any other service to the undertaking to which the gatekeeper belongs in the previous 12 months; (b) have proven expertise in the area of risk management, technical competence and capabilities in the area of digital technologies; (c) have proven objectivity and professional ethics, based in particular on adherence to codes of practice or appropriate standards;and (d) have not provided such an audit to the same gatekeeper for more than 3 consecutive years.
Amendment 704 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall conclude its investigation by adopting a decision within twelvnine months from the opening of the market investigation.
Amendment 710 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least threewo non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.
Amendment 739 #
2020/0374(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Amendment 742 #
2020/0374(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to assist the Commission to monitor the obligations and measures and to provide specific expertise or knowledge to the Commission. These external experts and auditors should have no contractual relations during the 12 months preceding the appointment by the Commission with the undertaking providing the core platform services referred to in paragraph 1.
Amendment 745 #
2020/0374(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. A business or an end user of a core platform service of a gatekeeper may submit a report to the Commission concerning a suspected practice of non- compliance with this Regulation by the gatekeeper. The Commission shall within four months of the reception of the report examine and issue an argumented decision whether it intends to open an investigation pursuant to articles 14, 15, 16 or 17. The Commission should notify the original issuer of the report as well as publicly communicate its decision.
Amendment 753 #
2020/0374(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline, but not longer than three months, and to provide explanations on how it plans to comply with the decision.
Amendment 790 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When three or more Member States request the Commission to open an investigation pursuant to: (a) Article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper; (b) Article 16 because they consider that there are reasonable grounds to suspect that a gatekeeper has been in a position of systemic non-compliance with Articles 5 and 6;or (c) Article 17 because they consider that one or more services should be added to the list of core platform services as in Article 2 (2) of this Regulation, the Commission shall within four months examine and decide whether there are reasonable grounds to open such an investigation. The Commission shall add to this decision a detailed argumentation of its choice of action. The decision shall be publicly available and communicated to all National Competent Authorities.
Amendment 818 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3 a. The Commission shall report on the implementation of this Regulation in its annual report on Competition Policy.
Amendment 140 #
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, 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 and the competitiveness of European companies should not be hampered but instead be stimulated.
Amendment 161 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers in connection with information relating to illegal content, products, services and activities. In particular, thatThe illegal nature of such content, products or services is defined by relevant Union law or national law in accordance with Union law. The concept should be understood, for example, to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 174 #
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 expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation, without prejudice to Article 6, 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 216 #
2020/0361(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To avoid disproportionate burdens, the additional obligations imposed on online platforms under this Regulation should not apply to micro or small enterprises as defined in Recommendation 2003/361/EC of the Commission,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this Regulation. The consolidation rules laid down in that Recommendation help ensure that any circumvention of those additional obligations is prevented. The exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up, on a voluntary basis, a system that complies with one or more of those obligations. In this regard, the Commission and Digital Service Coordinators may work together on information and guidelines for the voluntary implementation of the provisions in this Regulation for micro or small enterprises. Furthermore, the Commission and Digital Services Coordinators are also encouraged to do so for medium enterprises, which while not benefitting from the liability exemptions in Section 3, may sometimes lack the legal resources necessary to ensure proper understanding and compliance with all provisions. _________________ 41 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 220 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. FSuch entities can also include businesses who have a vested interest in flagging counterfeit products of their brand thus ensuring the online consumer experience is safer and more reliable. Similarly, for intellectual property rights, organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 _________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 253 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. Such reinforcement could include the expansion and resource allocation to content moderation in languages other than English. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 258 #
2020/0361(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) The audit report should be substantiated, so as to give a meaningful account of the activities undertaken and the conclusions reached. It should help inform, and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this Regulation, without prejudice to its freedom to conduct a business and, in particular, its ability to design and implement effective measures that are aligned with its specific business model. The report should be transmitted to the Digital Services Coordinator of establishment and the Board without delay, together with the risk assessment and the mitigation measures, as well as the platform’s plans for addressing the audit’s recommendations. The report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. A positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this Regulation or, where applicable, any commitments it has undertaken pursuant to a code of conduct or crisis protocol, in particular by identifying, evaluating and mitigating the systemic risks posed by its system and services. A positive opinion should be accompanied by comments where the auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. A negative opinion should be given where the auditor considers that the very large online platform systematically does not comply with this Regulation or the commitments undertaken. A disclaimer of an opinion should be given where the auditor does not have enough information to conclude on an opinion due to the novelty of the issues audited.
Amendment 347 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures for the implementation of community rules and guidelines of their services, or to comply with the requirements of Union law, including those set out in this Regulation, or national law in accordance with Union law.
Amendment 354 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3 a (new)
Article 8 – paragraph 2 – point a – indent 3 a (new)
- the order is transmitted via secure channels established between the relevant national judicial or administrative authorities and the providers of intermediary services;
Amendment 356 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 (new)
Article 8 – paragraph 2 – subparagraph 1 (new)
In extraordinary cases, where the intermediary service has reasonable doubt that the removal order is not legally sound, the intermediary service should have access to a mechanism to challenge the decision. This mechanism shall be established by the Digital Services Coordinators in coordination with the Board and the Commission.
Amendment 359 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 2 a (new)
Article 9 – paragraph 2 – point a – indent 2 a (new)
- the order is transmitted via secure channels established between the relevant national judicial or administrative authorities and the providers of intermediary services.
Amendment 409 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 (new)
Article 15 – paragraph 2 – subparagraph 1 (new)
Where a provider of hosting services decides to not remove or disable access to specific items of information provided by the recipients of the service, detected through the mechanisms established in Article 14, it shall inform the user who notified the online platform of the content and where needed, the recipient of the decision without undue delay. The notification of such a decision can be done through automated means.
Amendment 415 #
2020/0361(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 (new)
Article 16 – paragraph 1 – subparagraph 1 (new)
The Commission and Digital Service Coordinators may work together on information and guidelines for the voluntary implementation of the provisions in this Regulation for micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 420 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable or restrict access to the information;
Amendment 421 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 (new)
Article 17 – paragraph 1 – subparagraph 1 (new)
Complaints can also be lodged against decisions made by the online platform to not remove, not disable, not suspend and not terminate access to accounts.
Amendment 426 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a (new)
Article 17 – paragraph 3 – point a (new)
(a) Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is indeed illegal and is incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does warrant the suspension or termination of the service or the account, it shall also reserve its decision referred to in Paragraph 1 without undue delay.
Amendment 438 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The status of trusted flaggers under this Regulation shall be awarded, upon application by any entities, by the Commission or by the Digital Services Coordinator of the Member State in which the applicant is established, where the applicant has demonstrated to meet all of the following conditions:
Amendment 439 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) it represents collective interests and is independent from any online platform except in the cases of businesses with a vested interest in flagging counterfeit products of their brand thus ensuring the online consumer experience is safer and more reliable;
Amendment 443 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Digital Services Coordinators and the Commission shall communicate to the Commissioneach other and the Board the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2.
Amendment 445 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where an online platform has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated notices through the mechanisms referred to in Article 14, including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in Article 17(3), it shall communicate that information to the Digital Services Coordinatorauthority that awarded the status of trusted flagger to the entity concerned, providing the necessary explanations and supporting documents.
Amendment 447 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Digital Services Coordinatorauthority that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received by third parties, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger
Amendment 459 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Where the online platform cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is established or has its legal representative or inform Europolhas its main establishment or its legal representative and also transmit the information to Europol for appropriate follow up.
Amendment 468 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 (new)
Article 22 – paragraph 1 – subparagraph 1 (new)
Online platforms that facilitate the sale of harmonised consumer goods between a seller in a third country and a consumer in the EU and where there is no other manufacturer or importer in the EU, should verify that the product bears the required conformity mark (CE mark) and that it has other relevant documents (e.g. EU declaration of conformity). Traders from within the Union and from third countries should also have the option to voluntarily upload the relevant documents certifying that their goods meet the consumer protection standards of the EU. If the traders choose to do so, online platforms may then show proof of these documents to users as part of the user interface to instil more consumer confidence in the distance contracts conducted on their platforms.
Amendment 470 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources. Provided that the online platform has made reasonable efforts to assess the information in points (a), (d) and (e), online platform shall not be held liable for information provided by the trader that ends up being inaccurate.
Amendment 471 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. Where the online platform obtains indications, through its reasonable efforts under paragraph 2 or through Member States' consumer authorities, that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
Amendment 490 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The Commission shall adopt delegated acts in accordance with Article 69ould be able to update this Regulation through legislative acts in accordance with Article 294 of TFEU. Such revisions may be necessary to adjust the number of average monthly recipients of the service in the Union referred to in paragraph 1, where the Union’s population increases or decreases at least with 5 % in relation to its population in 2020 or, after adjustment by means of a delegatedislative act, of its population in the year in which the latest delegatedislative act was adopted. In that case, it shall adjust the number so that it corresponds to 10% of the Union’s population in the year in which it adopts the delegatedislative act, rounded up or down to allow the number to be expressed in millions.
Amendment 515 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 (new)
Article 27 – paragraph 2 – subparagraph 1 (new)
(c) measures taken by the Digital Service Coordinators, the Board and the Commission to ensure that highly sensitive information and business secrets are kept confidential.
Amendment 521 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point a
Article 28 – paragraph 2 – point a
(a) are independent from the very large online platform concerned and have not provided any other service to the platform in the previous 12 months;
Amendment 524 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1 (new)
Article 28 – paragraph 2 – subparagraph 1 (new)
(d) have not provided an audit to the same very large online platform for more than three consecutive years.
Amendment 525 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point f
Article 28 – paragraph 3 – point f
(f) where the audit opinion is not posiegative, operational recommendations on specific measures to achieve compliance. and risk- based remediation timelines with a focus on rectifying issues that have the potential to cause most harm to users of the service as a priority;
Amendment 526 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1 (new)
Article 28 – paragraph 3 – subparagraph 1 (new)
(g) where the organisations that perform the audits do not have enough information to conclude an opinion due to the novelty of the issues audited, a disclaimer shall be given.
Amendment 543 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, after consulting the Board, adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. The delegated acts should also lay out the technical conditions needed to ensure confidentiality and security of information by the vetted researchers once they acquire access to the data, including guidelines for academics who wish to publish findings based on the confidential data acquired. Those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with Regulation (EU) 2016/679, taking into account the rights and interests of the very large online platforms and the recipients of the service concerned, including the protection of confidential information, in particular trade secrets, and maintaining the security of their service.
Amendment 560 #
2020/0361(COD)
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1 (new)
Article 39 – paragraph 1 – subparagraph 1 (new)
Member States shall designate the status of Digital Services Coordinator based on the following criteria: (a) the authority has particular expertise and competence for the purposes of detecting, identifying and notifying illegal content; (b) it represents collective interests and is independent from any online platform; (c) it has the capacity to carry out its activities in a timely, diligent and objective manner.
Amendment 574 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Digital Services Coordinators shall draw up an annual reports on their activities under this Regulation. They shall make the annual reports available to the public, and shall communicate them to the Commission and to the Board.
Amendment 575 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) measures taken by the Digital Service Coordinators to ensure that highly sensitive information and business secrets are kept confidential;
Amendment 576 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point b b (new)
Article 44 – paragraph 2 – point b b (new)
(bb) an assessment of the interpretation of the Country of Origin principle in the supervisory and enforcement activities of the Digital Services Coordinators, especially in regards to Article 45 of this Regulation.
Amendment 607 #
2020/0361(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor the effective implementation and compliance with this Regulation by the very large online platform concerned. The Commission may also order that platform to provide access to, and explanations relating to, its databases and algorithms, without prejudice to Directive (EU) 2016/943 on trade secrets.
Amendment 64 #
2020/0320(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union is committed to protect and improve human health, in particular to combat the major cross-border health scourges, measures concerning monitoring, early warning of and combating serious cross-border threats to health with significant social impact throughout the Union.
Amendment 66 #
2020/0320(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) On 11 March 2020, the World Health Organization (WHO) declared the novel coronavirus COVID-19 outbreak a global pandemic. From the challenges experienced in responding to the pandemic it became clear that the Centre’, which has particularly affected people with chronic non- communicable diseases being more vulnerable to COVID-19 infection. Given the unprecedented challenges experienced in responding to the pandemic and in view of the effectiveness gaps which have been identified in the Centre's performance in that regard, it became clear that its role in the Union’s framework for health crisis preparedness and response should be strengthened to better use the potential of the Union's and Member States' capacities to respond to future pandemics.
Amendment 74 #
2020/0320(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation accordingly expands the mission and tasks of the Centre to enhance the Centre’s capacity to provide the required scientific expertise and to support actions which are relevant to the prevention, preparedness, response planning and combating serious cross- border threats to health in the Union, including cross-border threats, communicable diseases and major chronic diseases and especially the interconnections between them, in accordance with Regulation EU …/… of the European Parliament and of the Council10 [ISC/2020/12524]. __________________ 10Regulation (EU) XXXX/XXXX of the European Parliament and of the Council of DATE on serious cross-border threats to health and repealing Decision No 1082/2013/EU [OJ: please, insert full title and publication reference to Regulation on serious cross border threats to health (SCBTH).]
Amendment 76 #
2020/0320(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The European Ombudsman's decision of 5 February2021 in strategic inquiry OI/3/2020/TE identified some important effectiveness gaps in the Centre's response to the COVID-19 pandemic, as regards how the Centre gathers information, the transparency of that information and how it communicates with the public, as well as a power asymmetry between the Centre and the Member States, resulting in lack of timely, complete and comparable data and thus affecting the modelling and forecasting potential of the Centre, which should be addressed in this Regulation.
Amendment 80 #
2020/0320(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In this respect, the Centre should be tasked with providing epidemiological information and its analysis, epidemiological modelling, anticipation and forecasting, relevant risk assessments and recommendations, which set out options for prevention and control of communicable diseases, prevention of excess mortality among patients, notably those suffering from chronic diseases and the increase of infection-caused chronic diseases and other pathogens associated with chronic diseases. This should also contribute to efficiently responding to current and emerging threats to human health posed by non-communicable diseases, either directly or indirectly, due to increasing risks associated with communicable diseases. Its actions should be consistent with a One-Health approach, recognising the interconnections between communicable and chronic diseases, as well as between human and animal health and the environment. It should monitor the capacity of the national health systems to respond to communicable disease threats, in particular given the importance of this information in the preparation of the national preparedness and response plans, with a view to enabling Member States to better assess their health systems' capacities. The Centre should support the implementation of actions funded by the relevant Union funding programmes and instruments and related to communicable diseases, including their interconnection with chronic diseases, provide guidelines for treatment and case management based on a thorough assessment of the latest evidence, support epidemic and outbreak responses in Member States and third countries, including field response, and provide timely objective, reliable and easily accessible information on communicable diseases and their effect on the health-related quality of life of patients with chronic diseases to the public. The Centre should also establish clear procedures for cooperation with the public health actors in third countries, as well as international organisations competent in the field of public health hence contributing to EU’s commitment to reinforcing partners’ preparedness and response capacity. It should also work to ensure that there is sufficient, comparable and high quality data for the Union-wide surveillance and monitoring of major communicable diseases such as HIV, viral hepatitis B and C and Tuberculosis.
Amendment 92 #
2020/0320(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To effectively support the work of the Centre and ensure the fulfilment of its mission, Member States should be tasked to communicate to the Centre data on the surveillance and monitoring of communicable diseases, the interconnection with chronic conditions and other special health issues such as antimicrobial resistance and health care- associated infections related to communicable diseases, as well as broader health determinants including social determinants, available scientific and technical data and information relevant to the Centre’s mission, to notify the Centre of any serious cross-border threats to health, information on preparedness and response planning and health system capacity, and provide relevant information that may be useful for coordinating the response, as well as identify recognised competent bodies and public health experts available to assist in Union responses to health threats. All timelines, case definitions, indicators, standards, protocols and procedures for communication adopted by the Centre should be agreed with Member States and be mandatory for the Member States thereafter.
Amendment 101 #
2020/0320(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) To enhance preparedness and response planning activities in the Union, the Centre’s operation of dedicated networks and networking activities should be broadened to reflect the scope of Regulation (EU) …/…. [OJ: please, insert reference to Regulation SCBTH [ISC/2020/12524]]. To this end, the Centre should coordinate and provide technical and scientific expertise to the Commission and Member States through dedicated networks with competent coordinating bodies, including by encouraging cooperation within newly established networks for laboratories and for supporting transfusion, transplantation and medically assisted reproduction,.
Amendment 107 #
2020/0320(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) With a view to enhance the effectiveness of epidemiological surveillance of communicable diseases and ofand monitoring of testing and treatment of communicable diseases, their interconnection to non-communicable diseases and the related special health issues in the Union, the Centre should be tasked with the further development of digital platforms and applications, supporting epidemiological surveillance at Union level, enabling the use of digital technologies, such as artificial intelligence and computer modelling and simulation, in the compilation and analysis of data, and providing Member States with technical and scientific advice to establish integrated epidemiologicalhealth surveillance systems. Such digital platforms and applications should be developed with integrated EU space generated data with the intention to be integrate them in the future European Health Data Space as governed by the Union legislation.
Amendment 114 #
2020/0320(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To strengthen the capacity of the Union and Member States to assess the epidemiological situation and perform accurate risk assessment and response, the Centre should in particular monitor, and report on trends in communicable diseases, support and their interconnections with chronic conditions, support, coordinate and facilitate evidence-based approach and response action of the Member States, provide recommendations for improvement of communicable disease prevention and control programmes established at the national and Union level, monitor and assess the capacity of national health systems for diagnosis, prevention and treatment of communicable diseases and their interconnection with and impact on chronic conditions, including in a gender- sensitive way, identify population groups at risk, including vulnerable populations, requiring specific measures, analyse the correlation of disease incidence with societal and environmental factors, consider the impact of co-morbidities on patients with communicable diseases and their treatment and identify risk factors for transmission and disease severity of communicable diseases, and identify research needs and priorities. The Centre should work with nominated national focal points for surveillance, forming a network that strategically advises the Centre on such matters and would promote the use of enabling sectors, such as EU space data and services.
Amendment 132 #
2020/0320(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) With the aim of reducing the occurrence of epidemics and strengthening capacities to prevent communicable diseases in the Union, the Centre should, working in conjunction with Member States so as to take account of their experiences and respective situations, develop a framework for the prevention of communicable diseases, which addresses such issues as vaccine preventable diseases, awareness of transmission routes, antimicrobial resistance, health education, health literacy and behaviour change. and links with non- communicable diseases including vulnerable groups, health literacy, health promotion and disease prevention and behaviour change. Improving overall population health through disease prevention will help to reduce susceptibility to future infectious outbreaks.
Amendment 139 #
2020/0320(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Centre should enhance preparedness and response capabilities at national and Union level by providing scientific and technical expertise to the Member States and the Commission. In this context the Centre, in close collaboration with the Member States and the Commission, should carry out various actions, including the development and coordination of Union and national preparedness and response plans and preparedness monitoring and evaluation frameworks, provide recommendations on capacities to prevent, prepare and respond to disease outbreaks and on the strengthening of national health systems. The Centre should broaden its collection and analysis of data in terms of epidemiological surveillance and related special health issues, progression of epidemic situations, unusual epidemic phenomena or new diseases of unknown origin, including in third countries, data on interconnections between communicable diseases and chronic conditions and especially on major as well as infection- based chronic diseases, molecular pathogen data and health systems data. To this end, the Centre should ensure appropriate datasets as well as the procedures to facilitate consultation and data transmission and access, carry out scientific and technical evaluation of prevention and control measures at Union level and work with agencies, competent bodies and organisations operating in the field of data collection.
Amendment 152 #
2020/0320(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Regulation …/… [OJ: please, insert reference to Regulation SCBTH [ISC/2020/12524]] provides for the early warning and response system enabling the notification at Union level of alerts related to serious cross-border threats to health which continues to be operated by the ECDC. Given that modern technologies can be of substantial support to combat health threats and to contain and reverse epidemics, the ECDC should work on updating this system to enable the use of artificial intelligence, High Performance Computing, in silico clinical trials and digital twin technologies and interoperable and privacy-preserving digital tools, such as mobile applications, with tracing functionalities identifying at- risk individuals.
Amendment 157 #
2020/0320(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Centre should establish appropriate capacities to support international, interregional and field response, in accordance with Regulation …/… [OJ: please, insert reference to Regulation SCBTH [ISC/2020/12524]]. These capacities should enable the Centre to mobilise and deploy outbreak assistance teams, known as ‘EU Health Task Force’, to assist local responses to outbreaks of diseases. The Centre should therefore ensure permanent capacity to carry out missions to Member States as well as in third countries and to provide recommendations on response to health threats. These teams will also be able to be deployed under the Union Civil Protection Mechanism with the support of the Emergency Response Coordination Centre. The Centre should also support the strengthening of preparedness capacities under the International Health Regulations (IHR) in third countries, in order to address serious cross border threats to health and the consequences thereof.
Amendment 159 #
2020/0320(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To assist responses to outbreaks, which may spread within or to the Union, the Centre is to develop a permanent EU Health Task Force and a framework for theits mobilisation the EU Health Task Force in accordance with Decision No 1313/2013/EU of the European Parliament and of the Council 11 and facilitate the participation of Union field response experts in international response teams in support of and in close coordination with the Union Civil Protection Mechanism. The Centre should enhance the capability of its staff as well as experts from Union and EEA countries, candidate countries and potential candidates, as well as European Neighbourhood Policy countries and EU partner countries as referred to in Regulation (EU) No 233/2014 of the European Parliament and of the Council 12 , to effectively participate in field missions and crisis management. __________________ 11Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924). 12Regulation (EU) No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing a financing instrument for development cooperation for the period 2014-2020 (OJ L 77, 15.3.2014, p. 44).
Amendment 166 #
2020/0320(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation should not confer any regulatory powers on the Centre. However, the Centre should exercise broad coordination competences and the power to provide recommendations at Union, national and interregional level in the form of clear and uniform science- based proposals.
Amendment 185 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
In order to enhance the capacity of the Union and the Member States to protect human health through the prevention and control of communicable diseases in humans, their interconnection with chronic conditions and those related special health issues set out in Article 2 of Regulation (EU) …/… [OJ: Please insert the number of Regulation SCBTH [ISC/2020/12524]], the mission of the Centre shall be to identify, assess, and report on current and emerging threats to human health from communicable diseases, and provide recommendations for response at Union and national levels, as well as at regional level, if necessarys, and provide recommendations for response and coordinated action at Union and national levels, as well as at interregional and regional level, where appropriate. In providing such recommendations, the Centre shall take into account existing national crisis management plans and the respective circumstances of each Member State. The Centre shall also provide forecasts on the development of the identified health threats, that will help predict the demand of key medical technologies during the evolution of a possible health emergency, and specifically a forecast of Intensive Care Units usage and related device and diagnostic needs.
Amendment 196 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
In the case of other outbreaks of illnesses of unknown origin that may spread within or to the Union, the Centre shall act on its own initiative until the source of the outbreak is known. In the case of an outbreak that clearly is not causrelated byto a communicable disease, the Centre shall act only in cooperation with the competent body upon request from that body.
Amendment 206 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) provide analyses, scientific advice, opinions and support for actions by the Union and Member States on cross-border health threats, including risk assessments, analysis of epidemiological information, epidemiological modelling, anticipation and forecast, recommendations for actions to prevent and control communicable disease threats and other special health issues, contribution to defining research priorities, and scientific and technical assistance including training and other activities within its mandateincluding possible severe impact on patients suffering from chronic conditions, and contributions with regard to defining research priorities;
Amendment 219 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 2 – point e a (new)
Article 3 – paragraph 2 – point e a (new)
(ea) support national monitoring of the response to major communicable diseases to measure progress in tackling them across the Union;
Amendment 221 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) provide, upon request of the Commission or the HSCealth Security Committee (‘HSC’)established under Article 4 of Regulation (EU) …/… [the SCBTH Regulation], or on its own initiative, guidelines, recommendations and proposals for coordinated action for treatment and case management of communicable diseases and other special health issues relevant for public health, in cooperation with relevant societies; as well as unpredicted trends in the development of major chronic non- communicable diseases, including in cooperation with relevant organisations with experience and expertise in treatment and case management of those diseases and health issues, while avoiding any duplication of existing guidelines, except in cases where it is necessary to update such guidelines;
Amendment 226 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) support epidemic and outbreak response in Member States, and in third countries, in complementarity and close coordination with other Union emergency response instruments, in particular the Union Civil protection mechanism;
Amendment 229 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) provide, upon request of the Commission or the Health Security Committee (‘HSC’),SC, easily accessible and evidence-based communication messages to the public on communicable diseases, on the threats to health posed by them, on their possible interconnection with non-communicable diseases and impact on patients, suffering from severe or major non-communicable diseases and chronic conditions, and on the relevant prevention and control measures.
Amendment 250 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 851/2004
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) notify the Centre of any serious cross-border threats to health, including spread of communicable diseases, unpredicted rise of known or unknown severe non-communicable diseases or chronic conditions and health-related environmental hazards, as soon as detected, through the Early Warning and Response System (EWRS), and promptly communicate response measures taken, as well as any relevant information that may be useful for coordinating the response as referred to in Article 21 of Regulation (EU) …/… [OJ: Please insert the number of Regulation SCBTH [ISC/2020/12524]]; and
Amendment 253 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 851/2004
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) identify, within the scope of the mission of the Centre, recognised competent bodies and public health experts who could be made available to assist in Union responses to health threats, such as by undertaking missions to Member States, cross-border regions or to third countries to provide expert advice and field investigations in the event of disease clusters or outbreaks.;
Amendment 264 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 851/2004
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The Centre shall ensure the integrated operation of the network for the epidemiological surveillance of the communicable diseases and of the related special health issues, such as unpredicted rise of known or unknown severe major non- communicable diseases or chronic conditions and health-related environmental hazards, including those referred to in points (i) and (ii) of point (a) of Article 2(1) of Regulation (EU) …/… [OJ: Please insert the number of Regulation SCBTH [ISC/2020/12524]].
Amendment 272 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 851/2004
Article 5 – paragraph 2 – subparagraph 2 – point a
Article 5 – paragraph 2 – subparagraph 2 – point a
(a) ensure the furthercontinuous development of the digital platforms and applications, including the platform for surveillance established under Article 14 of Regulation (EU) .../... [the SCBTH Regulation], supporting epidemiological and health surveillance at Union level, supporting Member States with technical and scientific advice to establish integrated surveillance systems enabling real-time surveillance where appropriate, benefiting from existing EU space infrastructures and services;
Amendment 279 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 851/2004
Article 5 – paragraph 2 – subparagraph 2 – point b
Article 5 – paragraph 2 – subparagraph 2 – point b
(b) provide quality assurance by monitoring and evaluating epidemiological and health surveillance activities (including setting surveillance standards and monitoring data completeness) of the dedicated surveillance networks to ensure optimal operation;
Amendment 283 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 851/2004
Article 5 – paragraph 2 – subparagraph 2 – point c
Article 5 – paragraph 2 – subparagraph 2 – point c
(c) maintain database(s) for such epidemiological and health surveillance, coordinate with the hosts of other relevant databases, and work towards harmonised approaches to data collection and modelling;
Amendment 291 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 851/2004
Article 5 – paragraph 2 – subparagraph 2 – point g
Article 5 – paragraph 2 – subparagraph 2 – point g
(g) ensure the interoperability of the digital platforms for surveillance with digital infrastructures allowing for the health data to be used for healthcare, research, policy making and regulatory purposes and with a view to integrate those platforms and infrastructures in the European Health Data Space, as regulated by Union legislation, and make use of other relevant data, for example environmental factors, or phenomena with potential severe health impact at Union or inter-regional level.
Amendment 296 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 851/2004
Article 5 – paragraph 4 – point a
Article 5 – paragraph 4 – point a
(a) monitor and report on trends in communicable diseases and their interconnection to chronic conditions and implications for patients with severe non- communicable diseases and chronic conditions over time and across Member States and in third countries, based on agreed indicators, to assess the present situation and facilitate appropriate evidence-based action, including through the identification of specifications for harmonised data collection from member states
Amendment 300 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 851/2004
Article 5 – paragraph 4 – point d
Article 5 – paragraph 4 – point d
(d) monitor and assess health systems’ capacityhealth systems and support Member States in their assessment of the capacity of their health systems for diagnosis, prevention and treatment of specific communicable diseases, such as HIV, viral Hepatitis and Tuberculosis, as well as patients’ safety;
Amendment 309 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 851/2004
Article 5 – paragraph 4 – point f
Article 5 – paragraph 4 – point f
(f) contribute to the assessment of the burden of communicable diseases on the population using data, such as disease prevalence, complications, clinical links with non-communicable diseases, development of chronic co-morbidities, cancers, hospitalisation and mortality, and ensure that this data is disaggregated on age, gender and disability;
Amendment 338 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 851/2004
Article 5a – paragraph 2
Article 5a – paragraph 2
2. TIn close collaboration with Member States, the European Medicines Agency and other relevant Union bodies and agencies, as well as with international organisations and civil society, the Centre shall develop a framework for the prevention of communicable diseases and special issues, including socio-economic risk factors, vaccine preventable diseases, antimicrobial resistance, health education, health literacy and behaviour change. That framework shall constantly consult with representatives of civil society and industry, in particular scientific societies, in relation to its activities aimed at the prevention of communicable diseases, fighting against misinformation, disinformation and propaganda regarding vaccination, preventive measures and medical treatment, as well as information campaigns regarding the links between disease areas and regarding the risks for patients with non-communicable diseases or suffering from chronic conditions.
Amendment 349 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 851/2004
Article 5a – paragraph 3
Article 5a – paragraph 3
3. The Centre shall evaluate and monitor communicable disease prevention and control programmes in order to provide the evidence for recommendations to coordinate, strengthen and improve these programmes at the national, inter- regional and Union level, and where appropriate at the international levels.
Amendment 358 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 851/2004
Article 5b – paragraph 1 – subparagraph 1
Article 5b – paragraph 1 – subparagraph 1
The Centre shall provide scientific and technical expertise to the Member States and the Commission in collaboration with relevant Union bodies and agencies and international organisations and civil society in accordance with appropriate working arrangements established with the Commission in the field of preparedness and response planning.
Amendment 370 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
(i) assesssupport Member States in their assessment of the capacity of their health systems’ capacity to detect, prevent, respond to and recover from outbreaks of communicable diseases and related health risks, identify gaps and provide recommendations for the strengthening of health systems, to be implemented with Union support as appropriate;
Amendment 409 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 851/2004
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Centre shall work with the Commission and the HSC on the EWRS updates, including for the use of modern technologies, such as digital mobile applications, artificial intelligence and computer modelling and simulation models, or other technologies for automated contact tracing, building upon the contact tracing technologies developed by the Member States and on defining the functional requirements of the EWRS.
Amendment 417 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 851/2004
Article 8a – paragraph 2
Article 8a – paragraph 2
2. The risk assessment shall includes referred to in paragraph 1 shall include, where possible, general and targeted recommendations for response as a basis for coordination in the HSC. , including, but not limited, to: (a) a forecast on the evolution of a health crisis and the risk of health emergency; (b) a forecast on the demand of medicines, vaccines, medical equipment, protective equipment and hospital capacity; (c) identification of vulnerable groups in the society, such as patients, suffering chronic conditions, patients with severe non-communicable diseases, elderly, children, pregnant women and professions with a high risk of infection or transmission, including specific needs for medicines and hospital capacity for those most vulnerable groups; (d) identification of possible protective measures and assessment of their efficacy; (e) assessment of the possible need for activation of the Health Task Force and the Union Civil Protection Mechanism.
Amendment 424 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 851/2004
Article 8b – paragraph 1 – point a
Article 8b – paragraph 1 – point a
(a) national or inter-regional responses to the serious cross-border threat to health;
Amendment 427 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 851/2004
Article 8b – paragraph 1 – point b a (new)
Article 8b – paragraph 1 – point b a (new)
(ba) recommendation for the deployment of the Health Task Force or activation of the Union Civil Protection Mechanism.
Amendment 434 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Regulation (EC) No 851/2004
Article 11 – paragraph 1a – point a
Article 11 – paragraph 1a – point a
(a) epidemiological surveillance of communicable diseases, other health threats such as unpredicted rise of known or unknown severe non-communicable diseases or chronic conditions and related special health issues referred to in points (i) and (ii) of point (a) of Article 2(1) of Regulation (EU) …/… [OJ: Please insert the number of Regulation SCBTH [ISC/2020/12524]];
Amendment 435 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Regulation (EC) No 851/2004
Article 11 – paragraph 1a – point b
Article 11 – paragraph 1a – point b
(b) the progression of epidemic situations, including for modelling, anticipation and scenario development, the assessment of vulnerable groups and the forecast on specific demand for medicines, equipment and hospital capacity;
Amendment 437 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Regulation (EC) No 851/2004
Article 11 – paragraph 1a – point c
Article 11 – paragraph 1a – point c
(c) unusual epidemic phenomena or new communicable and non- communicable diseases of unknown origin, including those in third countries;
Amendment 441 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point c
Article 1 – paragraph 1 – point 13 – point c
Regulation (EC) No 851/2004
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) work in close cooperation with the competent bodies of the organisations and relevant counterparts operating in the field of data collection from the Union, third countries, the WHO, and other international organisations; and, the scientific community and civil society, while ensuring robust safeguards concerning transparency and accountability;
Amendment 454 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
1. The Centre shall establish a permanent capacity, as well as an enhanced emergency capacity to mobilise and deploy the EU Health Task Force including the Centre’'s staff and experts from Member States and fellowship programmes, to assist local response to outbreaks of communicable diseases in Member States and in third countries.
Amendment 457 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 851/2004
Article 11a – paragraph 2
Article 11a – paragraph 2
2. The Centre shall develop a framework and establish procedures with the Commission to mobilisedeploy the permanent capacity and mobilise the emergency capacity of the EU Health Task Force.
Amendment 460 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 851/2004
Article 11a – paragraph 4 – subparagraph 1
Article 11a – paragraph 4 – subparagraph 1
The Centre shall develop with the Commission a framework for the deployment of the permanent capacity and the mobilisation of the EU Health Task Force, in view of action under Decision No 1313/2013/EU*.
Amendment 463 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 851/2004
Article 11a – paragraph 6
Article 11a – paragraph 6
6. The Centre shall maintain a permanent capacity to carry out missions to Member States, upon request of the Commission and Member States, to provide recommendations on response to threats to health within its mandate.
Amendment 481 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Regulation (EC) No 851/2004
Article 18 – paragraph 8
Article 18 – paragraph 8
8. The director may invite experts or representatives of professional or scientific bodies, or non-governmental organisations, including but not limited to health care professionals, academics and manufacturers, with recognised experience in disciplines related to the work of the Centre to cooperate in specific tasks and to take part in the relevant activities of the Advisory Forum. In addition, the Commission may suggest to the director experts or representatives of professional or scientific bodies, or non- governmental organizations to be invited on an ad-hoc basis.; Those experts shall be excluded from any discussions and deliberations within the Advisory Forum and shall solely be invited to provide specific requested information on a predefined topic.
Amendment 2 #
2020/0319(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Refuses to gGives its consent to the conclusion of the agreement;
Amendment 188 #
2020/0267(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) A DLT MTF should be able to request one or several exemptions on a temporary basis, as listed under this Regulation, to be granted by the competent authority after ESMA has issued a non- binding opinion, if it complies with the conditions attached to such exemptions as well as additional requirements set under this Regulation to address novel forms of risks raised by the use of DLT. The DLT MTF should also comply with any compensatory measure imposed by the competent authority in order to meet the objectives pursued by the provision for which an exemption has been requested.
Amendment 223 #
2020/0267(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The specific permission granted to a DLT market infrastructure should follow the same procedures as the authorisation of a traditional MTF, or a CSD where such a CSD is seeking to operate a new securities settlement system. However, when applying for a permission, the applicant DLT infrastructure should indicate the exemptions it would be seeking. Before granting a permission to a DLT market infrastructure, the competent authority should consult ESMA. ESMA should issue a non-binding opinion and make any non- binding recommendations on the application or the exemptions requested. ESMA should also consult the competent authorities of the other Member States. Where issuing its non-binding opinion, ESMA should aim at ensuring financial stability, market integrity and investor protection. In order to ensure the level- playing field and fair competition across the single market, ESMA’s non-binding opinion should also aim at ensuring the consistency and proportionality of the exemptions granted by different competent authorities across the Union.
Amendment 237 #
2020/0267(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Five years after the entry into application of this Regulation, ESMA, after consulting the national competent authorities, should report to the Commission on this pilot regime for DLT market infrastructures, including on the potential benefits linked to the use of DLT, the risks raised and the technical difficulties. Based on ESMA’s report, the Commission should report to the Council and European Parliament. This report should assess the costs and benefits of extending this regime on DLT market infrastructures for another period of time, extending this regime to new type of financial instruments, making this regime permanent with or without modifications, bringing modifications to the Union financial services legislation or terminating this regime.
Amendment 250 #
2020/0267(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) the owner and accountable entity in charge of the DLT network should provide the information related to the underlying technical approach of DLT infrastructure and be liable in the event of any issues or disruptions. A delineation between permissioned and permission-less DLT infrastructures should be introduced in the text as liabilities linked to the two types of DLT infrastructures could be different;
Amendment 256 #
2020/0267(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘DLT transferable securities’ means ‘transferable securities’ within the meaning of Article 4(1)(44) (a) and (b) of Directive 2014/65/EU, including depositary receipts, that are issued, recorded, transferred and stored using a DLT;
Amendment 259 #
2020/0267(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6 a) “DLT units of collective investment undertakings” means units of collective investment undertakings mentioned in Annex III, section C, item 3 of Directive 2014/65/EU that are issued, recorded, transferred and stored using a DLT;
Amendment 278 #
2020/0267(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(b a) DLT ETF units, UCITS units, investing in the types of instruments referred to in points (a) and (b).
Amendment 333 #
2020/0267(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) complies with the conditions set out in paragraphs 2 to 7 and with any additional compensatory measures that the competent authority or ESMA after consulting the national competent authority, which granted the specific permission may deem appropriate in order to meet the objectives pursued by the provisions from which an exemption is requested or to ensure investor protection, market integrity and/or financial stability.
Amendment 405 #
2020/0267(COD)
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. BeforeAfter deciding on an application for a specific permission to operate a DLT MTF under this Regulation, the competent authority of the home Member State shall notify and provide all relevant information on the DLT MTF to ESMA, an explanation of the exemptions requested, their justifications and any compensatory measures proposed by the applicant or required by the competent authoritythe application to operate on the DLT MTF to ESMA for information purposes and in order to fulfil the obligations set out in Article 7, paragraph 5, second subparagraph.
Amendment 452 #
2020/0267(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Without prejudice to the application of any relevant provisions of Directive 2014/65/EU and Regulation (EU) No 909/2014, the operators of DLT market infrastructures shall cooperate with the competent authorities which are entrusted with granting specific permissions under this Regulation and with ESMA.
Amendment 455 #
2020/0267(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – introductory part
Article 9 – paragraph 1 – subparagraph 1 – introductory part
In particular, immediately upon becoming aware of any of the matters listed below, the operators of DLT market infrastructures shall notify, the said competent national authorities and ESMA, thereof. Such matters include, without limitation:
Amendment 470 #
2020/0267(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Five years from the entry into application of this Regulation, at the latest, ESMA shall present a report to the Commission on:
Amendment 169 #
2020/0265(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) loyalty or reward programmes;
Amendment 257 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
Article 3 – paragraph 1 – point 28 a (new)
(28a) ‘Loyalty or reward programme’ means a contracted mechanism that offers rewards to members for the participation in the programme. This means the use of redeemable points or credits that are primarily obtained through participation in a loyalty or reward programme, where each of the following conditions is met: i) the holder of the crypto-assets may not transfer them to other holders without the offeror’s permission, and ii) the crypto- assets are non-fractionable; and iii) the crypto-assets don’t have investment purposes, as the crypto assets are primarily used for the purchase of goods or services or other benefits in connection with a loyalty or reward programme;
Amendment 42 #
2020/0148(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The broader set of cooperation tools, the digital transition and the aim to enhance cooperation between national authorities require qualified human resources and adequate financial resources. To that end, the changes proposed must be accompanied by an adequate level of investment, mainly on the adaptation of informatics and digital infrastructure and professional training.
Amendment 49 #
2020/0148(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) Tax administrations frequently request information from digital platform operators. This causes platform operators significant administrative and compliance costs. At the same time, some Member States have imposed a unilateral reporting obligation, which creates an additional administrative burden for platform operators, as they have to comply with multitude of national standards of reporting. It would therefore be essential that a standardised reporting obligation apply across the internal market. This standardisation is essential to promote three major objectives: to minimise compliance costs for operators, to increase the efficiency of national authorities and to reduce bureaucracy for both taxpayers and tax administrations.
Amendment 56 #
2020/0148(CNS)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Considering that the progressively digitised and globalised economy reveals complex and challenging dimensions, such as crypto-assets, it is important to increase cooperation between national tax administrations in this field. A clear definition of crypto-assets, in line with the ongoing work within the OECD and FATF, would be important to enhance the combat against tax evasion and to promote fair taxation. The proliferation of crypto-currencies is a topical matter and should be considered in any effort to increase administrative cooperation, based on the principles of subsidiarity and proportionality.
Amendment 58 #
2020/0148(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) The objective of preventing tax evasion and avoidance could be ensured by requiring digital platform operators to report income earned through platforms at an early stage, before the national tax authorities carry out their yearly tax assessments. To facilitate the work of Member States’ tax authorities, the reported information should be exchanged within one month following the reporting. In order to facilitate the automatic exchange of information and enhance the efficient use of resources, exchanges should be carried out electronically through the existing common communication network (‘CCN’) developed by the Union. The digital infrastructure should therefore be resilient and guarantee the highest standard of security.
Amendment 65 #
2020/0148(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to strengthen the mechanisms of Directive 2011/16/EU regarding the presence of officials of the tax administration of one Member State in the territory of another Member State and the carrying out of simultaneous controls by two or more Member States in order to ensure their effective application. It follows that responses to requests for the presence of officials of another Member State and for simultaneous controls should be provided within a specified timeframe. Where foreign officials are present in the territory of another Member State during an administrative enquiry, or participate through the use of electronic means of communication, they should be allowed to directly interview individuals and examine records. These diligences are important to safeguard the efficiency of such enquiries and must respect, at all time, fundamental rights.
Amendment 67 #
2020/0148(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) Multilateral controls carried out with the support of the Fiscalis 2020 programme established by Regulation (EU) No 1286/2013 of the European Parliament and of the Council23 have demonstrated the benefit of co-ordinated controls of one or more taxpayers that are of common or complementary interest to two or more tax administrations in the Union. As there is no explicit legal base for conducting joint audits, such joint actions are currently conducted based on the combined provisions of Directive 2011/16/EU regarding the presence of foreign officials in the territory of other Member States and on simultaneous controls. However, in many cases this practice has proven to be insufficient and lacking legal clarity and certainty. It is therefore important to eliminate this legal uncertainty and provide these controls with a legal basis within the framework of administrative cooperation. _________________ 23Regulation (EU) No 1286/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme to improve the operation of taxation systems in the European Union for the period 2014-2020 (Fiscalis 2020) and repealing Decision No 1482/2007/EC (OJ L 347, 20.12.2013, p. 25).
Amendment 89 #
2020/0148(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2011/16/EU
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
Member States shall inform the Commission annually of at least twohree categories of income and capital mentioned in the first subparagraph with regard to which they communicate information concerning residents of another Member State.
Amendment 93 #
2020/0148(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2011/16/EU
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Before 1 January 2023, Member States shall inform the Commission of at least fourll the categories listed in paragraph 1 in respect of which the competent authority of each Member State shall, by automatic exchange, communicate to the competent authority of any other Member State, information concerning residents in that other Member State. The information shall concern taxable periods starting on or after 1 January 2024.
Amendment 117 #
2020/0148(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2011/16/EU
Article 21 – paragraph 7 – subparagraph 1
Article 21 – paragraph 7 – subparagraph 1
7. The Commission shall develop and provide technical and logistical support for a secure central interface on administrative cooperation in the field of taxation where Member States communicate with the use of standard forms pursuant to Article 20(1) and (3). The competent authorities of all Member States shall have access to that interface. This central interface must be secured with the highest level of cybersecurity and technically certified procedures to guarantee data protection. For the purpose of collecting statistics, the Commission shall have access to information about the exchanges recorded to the interface and which can be extracted automatically. The access by the Commission shall be without prejudice to the obligation of Member States to provide statistics on exchanges of information in accordance with Article 23(4).
Amendment 119 #
2020/0148(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2011/16/EU
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall examine and evaluate, in their jurisdiction, the effectiveness of administrative cooperation in accordance with this Directive in combating tax evasion and tax avoidance and shall communicate annually the results of their evaluation to the Commission., as well as an evaluation of the compliance costs that can result from a possible over- reporting situation. Member States shall communicate annually the results of their evaluation to the Commission and the European Parliament. A summary of the results shall be made publicly available, but the taxpayers’ rights and confidentiality shall be preserved.
Amendment 127 #
2020/0148(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Directive 2011/16/EU
Article 25 – paragraph 5 – subparagraph 2
Article 25 – paragraph 5 – subparagraph 2
The suspension shall last until the competent authorities ask the Commission to enable again the exchanges of information under this Directive with the Member State where the breach occurred. The Commission shall enable the exchanges of information only when there is technical evidence that the data flow is secured.
Amendment 2 #
2020/0108(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Covid-19 pandemic is a major shock to the global and Union economy. Due to the necessary containment measures, economic activity in the EU dropped significantly. The contraction in EU GDP in 2020 is expected to be around 7.5%, far deeper than during the financial crisis in 2009. The outbreak of the pandemic has shown the interconnectivity of global supply chains and exposed some vulnerabilities such as the over-reliance of strategic industries on non-diversified external supply sources. Such vulnerabilities need to be addressed, particularly for small and medium-sized enterprises (SMEs), to improve the Union’s emergency response as well as the resilience of the entire economy, while maintaining its openness to competition and trade in line with its rules. Investment activity is expected to have dropped significantly. Even before the pandemic, while a recovery in investment-to-GDP ratios in the Union could be observed, it remained below what might be expected in a strong recovery and was insufficient to compensate for years of underinvestment following the 2009 crisis. More importantly, the current investment levels and forecasts do not cover the Union’s needs for structural investment to restart and sustain long-term growth in the face of technological change and global competitiveness, including for innovation, skills, infrastructure, small and medium- sized enterprises (SMEs) and the need to address key societal challenges such as sustainability or population ageing. Consequently, in order to achieve the Union's policy objectives, in particular the dual objective of accelerating the climate and digital transitions, and to support a swift, inclusive and healthy economic recovery, support is necessary to address market failures and sub-optimal investment situations and to reduce the investment gap in targeted sectors.
Amendment 14 #
2020/0108(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The InvestEU Fund should contribute to improving the competitiveness and socio-economic convergence and cohesion, cohesion and long-term economic growth of the Union, including in the fields of innovation and digitisation, to the efficient use of resources in accordance with the circular economy, to the sustainability and inclusiveness of the Union's economic growth and to the social resilience and integration of the Union capital markets, including through solutions that address the fragmentation of Union capital markets and that diversify sources of financing for Union enterprises. To that end, the InvestEU Fund should support projects that are technically and economically viable by providing a framework for the use of debt, risk sharing and equity instruments backed up by a guarantee from the Union budget and by financial contributions from implementing partners as relevant. The InvestEU Fund should be demand-driven, while at the same time it should focus on providing strategic, long-term benefits in relation to key areas of Union policy which otherwise would not be funded or would be insufficiently funded, thereby contributing to meeting policy objectives of the Union. Support under the InvestEU Fund should cover a wide range of sectors and regions, but should avoid excessive sectoral or geographical concentration and should facilitate access of projects composed of partner entities in multiplewith high growth potential and in key strategic sectors in all regions across the EU.
Amendment 28 #
2020/0108(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement on Climate Change and the SDGs, the InvestEU Programme will contribute to mainstream climate actions and to the achievement of an overall target of 2530 % of the Union budget expenditures supporting climate objectives. Actions under the InvestEU Programme are expected to contribute 3at least 40 % of the overall financial envelope of the InvestEU Programme to climate objectives. Relevant actions will be identified during the InvestEU Programme's preparation and implementation and reassessed in the context of the relevant evaluations and review processes.
Amendment 52 #
2020/0108(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Tourism is an important area for the Union economy and the sector, which, employing more than 22 million people. The tourism sector experienced a particularly severe contraction as a result of COVID-19 pandemic with revenue losses having reached an estimated 85 % for hotels, restaurants, tour operators, travel agencies and long distancerail, and 90 % for cruises and airlines as of May 2020. . The InvestEU Programme should contribute to strengthening its long- term competitiveness by supporting operations promotinga sustainable, innovative and digital tourismrecovery in the tourism sector.
Amendment 56 #
2020/0108(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In the economic crisis caused by the Covid-19 pandemic, market allocation of resources is not fully efficient and perceived risk impairs private investment flow significantly. Under such circumstances, the key feature of the InvestEU Fund of de-risking economically viable projects to crowd in private finance is particularly valuable and should be reinforced, inter alia in order to counteract the risk of an asymmetric recovery. The InvestEU Programme should be able to provide crucial support to companies in the recovery phase, in particular SMEs, and at the same time ensure a strong focus of investors on the Union’s medium- and long-term policy priorities such as the European Green Deal, the European Green Deal Investment Plan, the Strategy on shaping Europe’s digital future and the Strong Social Europe for Just Transitions. It should significantly increase the risk- taking capacity of the European Investment Bank (EIB) Group and national promotional banks and institutions and other implementing partners in support of economic recovery.
Amendment 58 #
2020/0108(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The primary focus of the strategic European investment window should be on support to those final recipients established in a Member State and operating in the Union whose activities are of strategic importance to the Union in particular in view of the green and digital transitions but which also enhance the competitiveness of the Member States' economies, including the need to rebuild the Member States' productive capacity and create future- oriented investments promoting entrepreneurship and job creation, and of enhanced resilience, in areas ofcluding by decreasing dependence on vulnerable supply chains. Projects should bring Union added value and should either be cross-border or generate real added value in more than one Member State or region through spill-over effects. No support should flow directly into the national budgets or substitute national budgetary expenditure, such as social benefits. Areas of strategic importance include (i) critical healthcare provision, manufacturing and stockpiling of pharmaceuticals, medical devices and medical supplies, strengthening of health crisis response capacity and of the civil protection system, (ii) critical infrastructure, whether physical or virtual; (iii) provision of goods and services instrumental to the operation and maintenance of such infrastructure, (iv) key enabling, transformative, green and digital technologies and game-changing innovations where the investment is strategically important for the Union’s industrial future, including artificial intelligence, blockchain, software, robotics, semiconductors, microprocessors, edge cloud technologies, high-performance computing, cybersecurity, quantum technologies, photonics, industrial biotechnology, renewable energy technologies, in particular to implement the offshore renewable energy strategy, energy storage technologies including batteries, sustainable transport technologies, clean hydrogen and fuel cell applications, decarbonisation technologies for industry, carbon capture and storage, circular economy technologies biomedicine, nanotechnologies, pharmaceuticals and advanced materials; (v) manufacturing facilities for mass production of Information Communication and Technology components and devices in the EU; (vi) supply and stockpiling of critical inputs to public actors, businesses or consumers in the Union; (vii) critical technologies and inputs for the security of the Union and its Member States, such as defence and space sectors and cybersecurity, and dual use items as defined in point 1 of Article 2 of Council Regulation (EC) No 428/2009. The final recipients should have their registered office in a Member State and they should be active in the Union in the sense that they have substantial activities in terms of staff, manufacturing, research and development or other business activities in the Union. The distribution of the financial envelope should in particular ensure support for the parallel climate and digital transitions. Projects which contribute to diversification of strategic supply chains in the Single Market through operations in multiple locations across the EU should be able to benefit.
Amendment 66 #
2020/0108(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The strategic European investment window should also target suppliers established and operating in the Union whose activities are of strategic importance to the Union and that would need long term investment or are covered by the Foreign Direct Investment Screening mechanism. In addition, important projects of common European interest should in particular be able to benefit from the strategic European investment window. However, financial support should not be provided when a project is not in line with the strategic and economic interests of the Union, for instance for projects that would increase dependency on vulnerable or undiversified supply chains.
Amendment 69 #
2020/0108(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) The visibility of the Union funding from the InvestEU Fund, and in particular the strategic European investment window and its identified strategic priorities, should be ensured through effective communication, highlighting Union-funded actions and results in order to adequately promote the Union added value of the InvestEU Programme as part of the recovery.
Amendment 84 #
2020/0108(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) In the context of the InvestEU Fund, there is a need to provide support for project development and capacity building to develop the organisational capacities and market development activities needed to originate quality projects. Such support should also target financial intermediaries that are key to help small companies’ access financing and realise their full potential, and it should include technical assistance. Particular emphasis should be put on reducing the administrative burden, in particular for SMEs. Moreover, the aim of the advisory support is to create the conditions for the expansion of the potential number of eligible recipients in nascent market segments, in particular where the small size of individual projects considerably raises the transaction cost at the project level, such as for the social finance ecosystem, including philanthropic organisations, or for the cultural and creative sectors. The capacity- building support should be complementary and in addition to actions taken under other Union programmes that cover specific policy areas. An effort should also be made to support the capacity building of potential project promoters, in particular local organisations and authorities.
Amendment 86 #
2020/0108(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) In accordance with Regulation [European Union Recovery Instrument] and within the limits of resources allocated therein, recovery and resilience measures under the InvestEU should be carried out to address the unprecedented impact of the Covid-19 crisis and, in line with the objectives of the strategic European investment window, support long-term growth, quality jobs and competitiveness. Such additional resources should be used in such a way as to ensure compliance with the time limits provided for in Regulation [EURI].
Amendment 110 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – introductory part
Article 7 – paragraph 1 – point e – introductory part
(e) a strategic European investment policy window which comprises strategic investment to support final recipients that are established in aone or more Member States and that operate in the Union, and whose activities are of strategic importance to the Union, in particular in view of the green and digital transitions and of enhanced resilience, while enhancing the competitiveness of the Member States' economies, including the need to rebuild the Member States' productive capacity and promote entrepreneurship and job creation, in one of the following areas:
Amendment 115 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point i
Article 7 – paragraph 1 – point e – point i
i) critical healthcare provision, manufacturing and stockpiling of pharmaceuticals, medical deviceines, vaccines, active pharmaceutical ingredients, pharmaceutical raw materials, medical devices, diagnostic tools and medical supplies, strengthening of health crisis response capacity and of the civil protection system;
Amendment 120 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point ii
Article 7 – paragraph 1 – point e – point ii
ii) critical infrastructure, whether physical or virtual, including infrastructure elements identified as critical in the fields of energy, transport, environment, water, health, secure digital communication, 5G, internet of things, online service platforms, secure cloud computing, data processing or storage, payments and financial infrastructure, aerospace, defence, communications, media, education and training, electoral infrastructure and sensitive facilities, as well as land and real estate crucial for the use of such critical infrastructure;
Amendment 125 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point iv – introductory part
Article 7 – paragraph 1 – point e – point iv – introductory part
iv) key enabling, transformative, greelow- carbon and digital technologies and game- changing innovations where the investment is strategically important for the Union’s industrial future, including
Amendment 132 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point iv – point b
Article 7 – paragraph 1 – point e – point iv – point b
(b) renewable energy technologies, energy storage technologies including batteries, sustainable and low carbon transport technologies, clean hydrogen and fuel cell applications, decarbonisation technologies for industry, carbon capture and storage, circular economy technologies,
Amendment 138 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point iv – point c
Article 7 – paragraph 1 – point e – point iv – point c
(c) biomedicine, nanotechnologies, biotechnologies, pharmaceuticals and advanced materials;
Amendment 144 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point vii – paragraph 1
Article 7 – paragraph 1 – point e – point vii – paragraph 1
In addition, in the case of investments in space, defence and cybersecurity, and in specific types of projects with actual and direct security implications in critical sectors, the final recipients shall not be controlled by a third country or third country entities and shall have their executive management in the Union with a view to protect the security of the Union and its Member States. Financial support shall not be provided when a project is not in line with the strategic and economic interests of the Union, for instance for projects that would increase dependency on vulnerable or undiversified supply chains.
Amendment 153 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 4 – introductory part
Article 7 – paragraph 4 – introductory part
4. The Commission shall develop sustainability guidance that, in accordance with Union environmental and social objectives and standards, including Regulation (EU) 2020/852, allows to:
Amendment 31 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – subparagraph 3 – introductory part
Article 9 – paragraph 2 – subparagraph 3 – introductory part
The operations concerned shall be fully consistent with Union policies, including particular the European Green Deal9 and the Strategy on shaping Europe’s digital future10 , as well as supporting an inclusive and symmetric recovery in the aftermath of the COVID-19 pandemic, and support any of the following general objectives:’ _________________ 9 COM(2019)640 final. 10 COM(2020)67 final.
Amendment 36 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – subparagraph 1 – point a
Article 9 – paragraph 2 a – subparagraph 1 – point a
(a) target that at least 40 % of EFSI financing under the infrastructure and innovation window support project components that contribute to climate action, in line with the Union's climate and environmental objectives, the commitments made at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21) and the National Energy and Climate Plans. EFSI financing for SMEs and small mid- cap companies shall not be included in that computation. The EIB shall use its internationally agreed methodology as well as the criteria provided for in Regulation (EU) 2020/852 to identify those climate action project components or cost shares;
Amendment 68 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – section 6 – point d – indent 5
Annex II – section 6 – point d – indent 5
— Companies targeted by funds, special purpose vehicles or investment platforms shall be encouraged to comply, to the extent possiblecomply, where relevant, with minimum high- level social and environmental safeguards in line with guidance provided by the Steering Board. Such guidance shoulall be fully in line with the Union's climate and environmental objectives, and include adequate provisions for avoiding undue administrative burdens, taking into account the size of companies and including lighter provisions for SMEs. Companies with a certain level of exposure to a pre-defined list of environmentally harmful activities in line with Regulation (EU) 2020/852, in particular the sectors covered by the EU Emissions Trading System (EU ETS), shall be encouraged to put in place, in the future, green transition plans in line with the Union's climate and environmental objectives and National Energy and Climate Plans. Companies shall also be encouraged to advance in their digital transformation. Technical assistance shall be available to assist companies for the purpose of these transitions.
Amendment 1 #
2020/0104(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) While taking into account the economic and social development of the Union as a whole and the balanced development of its regions, the Union should pursue the following objectives in Article 191 of the Treaty on the Functioning of the European Union: preserving, protecting and improving the quality of the environment, protecting human health and prudent and rational utilisation of natural resources1a;
Amendment 5 #
2020/0104(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The atmosphere is warming and the climate is changing with each passing year. One million of the eight million species on the planet are at risk of being lost. Forests and oceans are being polluted and destroyed. The response to these challenges is the European Green Deal. It aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts1a. Its effective implementation will require public spending and private investments channelled at ever greater rate towards smart solutions for both climate and environment and the economy of the Union. _________________ 1a Green Deal Communication(COM(2019) 640 final)
Amendment 19 #
2020/0104(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Currently, no instrument foresees direct financial support linked to the achievement of results and to implementation of reforms and public investments of the Member States in response to challenges identified in the European Semester and the European Green Deal objectives, and with a view to having a lasting impact on the productivity, circularity, environmental and carbon footprint and resilience of the economy of the Member States.
Amendment 30 #
2020/0104(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) The Facility should support projects that respect the principle of additionality of Union funding and that generate a genuine European added value. The Facility should not be a substitute for recurring national expenditures and should not run counter to the strategic and economic interests of the Union, and should therefore not finance investment plans of third countries.
Amendment 40 #
2020/0104(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Reflecting the European Green Deal as Europe’s sustainable growth strategy and the translation of the Union's commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the Facility established by this Regulation will contribute to mainstreaming climate actions and environmental sustainability and to the achievement of an overall target of 2530 % of the EU budget expenditures supporting climate objectives. The Facility should only finance projects respecting the “do not significant harm” principle referred to in Regulation (EU) 2020/852.
Amendment 50 #
2020/0104(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesiono contribute to addressing the challenges of the policy areas identified under this Regulation through the promotion of economic, social and territorial cohesion and to contribute to the objectives of Union policies, the United Nations Sustainable Development Goals, the European Pillar of Social Rights, the Paris Agreement and to the strengthening of the Single Market. For that purpose, it should contribute to improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050, therebycontributing to restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering employment creation in the aftermath of the COVID-19 pandemic and to promotinge sustainable growth and the digital economy.
Amendment 64 #
2020/0104(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms and public investment projects through a coherent recovery and resilience plan. The recovery and resilience plan should be consistent with the relevant country- specific challenges and priorities identified in the context of the European Semester, with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds. In addition, the recovery and resilience plans should be consistent with the principle of European added-value. To boost actions that fall within the priorities of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant under the policy areas identified in this Regulation and for the green and digital transitions. The measures shoul and enable a swift deliver of targets, objectives and contributions set out in national energy and climate plans and updates thereof. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. At least 40 % of the recovery and resilience plans should be dedicated to mainstreaming climate and biodiversity actions and environmental sustainability objectives.
Amendment 111 #
2020/0104(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It lays down its objectives, the financing, the forms of Union funding and the rules for providing such funding which shall be clearly defined in size, duration and scope.
Amendment 131 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The general objective of the Recovery and Resilience Facility shall be to contribute to address the challenges of the policy areas referred in Article 3 in order to promote the Union’s economic, social and territorial cohesion and long- term competitiveness by improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions and the strengthening of the strategic autonomy of the Union, thereby contributing to restoring the growth potential of the economies of the Union, fostering employment creation in the aftermath of the COVID-19 crisis, and promoting sustainable growth and generating European added value.
Amendment 135 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The Facility shall contribute to the objectives of Union policies, in particular where it leads to job creation and maintenance of sustainable employment at a considerable scale, via the implementaion of measures, such as: - measures contributing to the Union’s climate and environmental objectives, including energy efficiency and energy savings, the deployment of technology and infrastructures for clean and sustainable renewable energy and energy storage, including clean hydrogen, batteries and fuel cell applications, and decarbonisation technologies for industry and carbon capture and storage technologies; - projects and enterprises that implement the circular economy by integrating resource efficiency aspects in the production and product life-cycle; - measures to strengthen the resilience, accessibility and capacity of health systems and civil protection systems, in particular in the face of crises and pandemics; - strategic investment to support final recipients that are established in one or more Member States and that operate in the Union, and whose activities are of strategic importance to the Union, notably in the area of research, innovation, manufacturing and stockpiling of pharmaceuticals, medicines, medical devices and vaccines; - productive and sustainable investments in enterprises, in particular microenterprises, SMEs and start-ups, in particular investments contributing to the transition towards a climate-neutral economy; - upskilling and reskilling of workers and job-seekers, including self-employed, with the aim of bridging the skills gap necessary for the just transition towards a climate-neutral economy; - measures that foster digital infrastructure, digitization of national systems and workplace, improve access to digital working and promote digital skills.
Amendment 142 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. The Facility shall not run counter to the strategic and economic interests of the Union. In this respect, support shall not be provided to projects that are part of the strategic investment plans of third countries.
Amendment 144 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2 b. Support from the Facility shall not substitute recurring national budgetary expenditure and respect the principle of additionality of Union funding.
Amendment 167 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. In pursuance of the objectives set out in Article 4, Member States shall prepare national recovery and resilience plans. These plans shall set out the reform and investment agenda of the Member State concerned for the subsequent four years. Recovery and resilience plans eligible for financing under this instrument shall comprise measures for the implementation of reforms and public investment projects through a coherent package implementing the European Green Deal.
Amendment 169 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. Reflecting the European Green Deal as Europe’s sustainable growth strategy and the translation of the Union's commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the plans shall be consistent with the ‘do not significant harm’ principle referred to in Regulation (EU) 2020/852 and at least 40 % of the amount of each Recovery and Resilience Plan shall contribute to mainstreaming climate and biodiversity actions and environmental sustainability objectives. By means of a delegated act, the Commission shall adopt an effective methodology to track and identify the fulfilment of this requirement, in line with the criteria laid down in the EU taxonomy established by Regulation (EU) 2020/852.
Amendment 170 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1 b. Member States’ access to the Recovery and Resilience Facility shall be dependent on the endorsement of a national objective of achieving a climate- neutral Union by 2050.
Amendment 177 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent withcontribute to the implementation of the relevant country-specific challenges and prioritierecommendations identified in the context of the European Semester, in particular those relevant for or resulting from the green and digital transition. T, as well as to achieving the Union’s objective of climate neutrality by 2050 and the Union's new 2030 climate targets. Therefore, the recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. _________________ 21Regulation (EU)2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. 22 […]
Amendment 179 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent with the relevant country-specific challenges and priorities identified in the context of the European Semester, in particular those relevant for or resulting from theresulting from the implementation of the European Green Deal and green and digital transition. The recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. _________________ 21Regulation (EU)2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. 22 […]
Amendment 200 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) an explanation of how the measures in the plan are expected to contribute to the green and the digital transitions or to the challenges resulting from themtransition;
Amendment 202 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) an explanation of how the measures in the plan are expected to contribute to the green and the digital transitions or to the challenges resulting from ithem;
Amendment 204 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c a (new)
Article 15 – paragraph 3 – point c a (new)
(c a) a detailed explanation of how the measures are expected to ensure that at least 40% of the amount requested for the recovery and resilience plan contribute to mainstreaming climate and biodiversity actions and environmental sustainability objectives in line with Article 14(1) and (2);
Amendment 206 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c a (new)
Article 15 – paragraph 3 – point c a (new)
(c a) envisaged milestones to reach environmental targets and objectives of the European Green Deal and its strategies and legislative initiatives;
Amendment 209 #
2020/0104(COD)
(c b) an explanation of how the measures in the plan are expected to contribute the implementation of the commitments of the Union and of its Members States, in particular the relevant documents adopted in the context of the latest European Semester, the Paris Agreement, the national energy and climate plans and updates thereof under Regulation (EU)2018/1999, the territorial just transition plans under the Just Transition Fund, the partnership agreements and operational programmes under other Union funds;
Amendment 212 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c b (new)
Article 15 – paragraph 3 – point c b (new)
(c b) an explanation of how the measures in the plan are expected to contribute to the digital transition;
Amendment 214 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c c (new)
Article 15 – paragraph 3 – point c c (new)
(c c) an explanation of how the measures in the plan are expected to bring European added-value;
Amendment 219 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point e a (new)
Article 15 – paragraph 3 – point e a (new)
(e a) list of ineligible projects and types of operations, containing at least the types listed in Article 14;
Amendment 231 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. When assessing the recovery and resilience plan and in the determination of the amount to be allocated to the Member State concerned, the Commission shall take into account the analytical information on the Member State concerned available in the context of the European Semester as well as the justification and the elements provided by the Member State concerned, as referred to in Article 15(3), and any other relevant information including, in particular, the one contained in the National Reform Programme, the Just Transition Plan and the National Energy and Climate Plan of the Member State concerned and, if relevant, information from technical support received via the Technical Support Instrument.
Amendment 234 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. The Commission shall assess the importance and coherence of the recovery and resilience plan and its contribution to the Green Deal and green and digital transitions, and for that purpose, shall take into account the following criteria:
Amendment 245 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
(b) whether the plan contains measures that effectively contribute to the green and the digital transitions or to addressing the challenges resulting from themaddressing the challenges from the scope and objectives set out in Articles 3 and 4;
Amendment 247 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b a (new)
Article 16 – paragraph 3 – point b a (new)
(b a) whether the plan rightly recognizes eligible actions and does not contain ineligible investments which shall be at least those listed in Article 14 of this Regulation. The Commission shall assess the plan and ensure, together with a Member State, absence of investments inconsistent with the relevant country- specific challenges and implementation of the European Green Deal and green and digital transition.
Amendment 248 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b a (new)
Article 16 – paragraph 3 – point b a (new)
(b a) whether the plan contains measures that effectively contribute to the green transition or to addressing the challenges resulting from it and whether at least 40% of the amount requested for the recovery and resilience plan contribute to mainstreaming climate and biodiversity actions and environmental sustainability objectives based on the methodology provided by the Commission in accordance with Article 14(1 a);
Amendment 252 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b b (new)
Article 16 – paragraph 3 – point b b (new)
(b b) whether the plan is consistent with and contributes to the national reform programmes, the national energy and climate plans and updates thereof under Regulation (EU) 2018/1999, the territorial just transition plans under the Just Transition Fund, the partnership agreements and operational programmes under other Union funds;
Amendment 261 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point f
Article 16 – paragraph 3 – point f
(f) whether the recovery and resilience plan contains measures for the implementation of reforms and public investments projects that represent coherent actions consistent with the European Green Deal;
Amendment 270 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall adopt a decision within four months of the official submission of the recovery and resilience plan by the Member State, by means of an implementing delegated act. In the event that the Commission gives a positive assessment to a recovery and resilience plan, that decision shall set out the reforms and investment projects to be implemented by the Member State, including the milestones and targets, and the financial contribution allocated in accordance with Article 11.
Amendment 293 #
2020/0104(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to enable measures to be taken that link the Facility to sound economic governance, with a view to ensuring uniform implementing conditions, the power should be conferred on the Council to suspend, on a proposal from the Commission and by means of implementingdelegated acts, the period of time for the adoption of decisions on proposals for recovery and resilience plans and to suspend payments under this Facility, in the event of significant non-compliance in relation to the relevant cases related to the economic governance process laid down in the Regulation (EU) No XXX/XX of the European Parliament and of the Council [CPR] (…). The power to lift those suspensions by means of implementingdelegated acts, on a proposal from the Commission, should also be conferred on the Council in relation to the same relevant cases.
Amendment 293 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Upon completion of the relevant agreed milestones and targets indicated in the recovery and resilience plan as approved in the implementingdelegated act of the Commission, the Member State concerned shall submit to the Commission a duly justified request for payment of the financial contribution and, where relevant, of the loan tranche. Such requests for payment may be submitted by the Member States to the Commission on a biannual basis. The Commission shall assess, within two months of receiving the request, whether the relevant milestones and targets set out in the decision referred to in Article 17(1) have been satisfactorily implemented. For the purpose of the assessment, the operational arrangement referred to in Article 17(6) shall also be taken into account. The Commission may be assisted by experts.
Amendment 316 #
2020/0104(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by clearly labelling the funding as Union funding and providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. The recipients shall ensure the visibility of spending under the Facility by clearly labelling the supported projects as “EU Recovery Initiative”.
Amendment 361 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 1 – indent 1
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 1 – indent 1
— the implementation of the envisaged measures is expected to significantly contribute to establish climate- and environmental-friendly systems and to the greening of economic or social sectors with a view to contribute to the overall objective of a climate-neutral Europe by 2050 and the Union's new 2030 climate targets in line with the criteria laid down in the EU taxonomy established by Regulation (EU) 2020/852;
Amendment 380 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.4 – paragraph 1 – subparagraph 1 – indent 1
Annex II – point 2 – paragraph 3 – point 2.4 – paragraph 1 – subparagraph 1 – indent 1
— the recovery and resilience plan contains measures that aim at addressing weaknesses of the economy of the Member States and at boosting the growth potential of the economy of the Member State concerned, in particular for SMEs , stimulating job creation and mitigating the adverse effects of the crisis, while avoiding adverse impacts of those measures on climate and environment in line with the criteria laid down in EU taxonomy established by Regulation (EU) 2020/852.
Amendment 397 #
2020/0104(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) To ensure broad debate and consensus at national level on the proposed measures, the plan shall be prepared in close cooperation with relevant national and regional stakeholders such as local authorities, social partners, private sector and civil society representatives. The plan shall be approved by the respective national parliament before being submitted officially to the Commission.
Amendment 514 #
2020/0104(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) For the purposes of transparency, the recovery and resilience plans adopted by the Commission should be communicated simultaneously to the European Parliament and the Council and communication activities should be carried out by the Commission as appropriate.
Amendment 537 #
2020/0104(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) It is opportune that the Commission provides an biannual report to the European Parliament and the Council on the implementation of the Facility set out in this Regulation. This report should include information on the progress made by Member States under the recovery and resilience plans approved; it should also include information on the volume of the proceeds assigned to the Facility under the European Union Recovery Instrument in the previous year, broken down by budget line, and the contribution of the amounts raised through the European Union Recovery Instrument to the achievements of the objectives of the Facility.
Amendment 559 #
2020/0104(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The recovery and resilience plans to be implemented by the Member States and the corresponding financial contribution allocated to them should be established by the Commission by way of implementingdelegated act. In order to ensure uniform conditions for the implementation of this Regulation, implementingdelegated powers should be conferred on the Commission. The implementingdelegated powers relating to the adoption of the recovery and resilience plans and to the payment of the financial support upon fulfilment of the relevant milestones and targets should be exercised by the Commission in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council, under the examination procedure thereof13 . After the adoption of an implementingdelegated act, it should be possible for the Member State concerned and the Commission to agree on certain operational arrangements of a technical nature, detailing aspects of the implementation with respect to timelines, indicators for the milestones and targets, and access to underlying data. To allow the continuous relevance of the operational arrangements in respect of the prevailing circumstances during the implementation of the recovery and resilience plan, it should be possible that the elements of such technical arrangements may be modified by mutual consent. Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. __________________ 13 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 1232 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall adopt a decision within four monthsix weeks of the official submission of the recovery and resilience plan by the Member State, by means of an implementing delegated act. In the event that the Commission gives a positive assessment to a recovery and resilience plan, that decision shall set out the reforms and investment projects to be implemented by the Member State, including the milestones and targets, and the financial contribution allocated in accordance with Article 11.
Amendment 1296 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
Amendment 1323 #
2020/0104(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the Commission considers that the reasons put forward by the Member State concerned justify an amendment of the relevant recovery and resilience plan, the Commission shall assess the new plan in accordance with the provisions of Article 16 and shall take a new decision in accordance with Article 17 within four monthsix weeks of the official submission of the request.
Amendment 1326 #
2020/0104(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Where the Commission considers that the reasons put forward by the Member State concerned do not justify an amendment of the relevant recovery and resilience plan, it shall reject the request within four monthsix weeks of its official submission, after having given the Member State concerned the possibility to present its observations within a period of one monththree weeks of the communication of the Commission's conclusions.
Amendment 1338 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Payment of financial contributions to the Member State concerned under this Article shall be made in accordance with the budget appropriations and subject to the available funding. The Commission decisions referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 27(2).
Amendment 1349 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Upon completion of the relevant agreed milestones and targets indicated in the recovery and resilience plan as approved in the implementingdelegated act of the Commission, the Member State concerned shall submit to the Commission a duly justified request for payment of the financial contribution and, where relevant, of the loan tranche. Such requests for payment may be submitted by the Member States to the Commission on a biannual basis. The Commission shall assess, within two months of receiving the request, whether the relevant milestones and targets set out in the decision referred to in Article 17(1) have been satisfactorily implemented. For the purpose of the assessment, the operational arrangement referred to in Article 17(6) shall also be taken into account. The Commission may be assisted by external experts.
Amendment 1412 #
2020/0104(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Commission shall transmit the recovery and resilience plans as approved in the implementingdelegated act of the Commission in accordance with Article 17 to the European Parliament and the Council without undue delay. The Member State concerned may request the Commission to redact sensitive or confidential information, the disclosure of which would jeopardise public interests of the Member State.
Amendment 1453 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Commission shall provide an biannual report to the European Parliament and the Council on the implementation of the Facility set out in this Regulation.
Amendment 1461 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The annual report shall include information on the progress made with the recovery and resilience plans of the Member States concerned under the Facility.
Amendment 1466 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 3 – introductory part
Article 24 – paragraph 3 – introductory part
3. The annual report shall also include the following information:
Amendment 1517 #
2020/0104(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 1518 #
2020/0104(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 14 #
2020/0100(COD)
(3 a) The Just Transition Fund is an essential part of the Union Recovery and Resilience Package and should remain a key part of the package, with corresponding significant resources.
Amendment 15 #
2020/0100(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) A public sector loan facility (the ‘Facility’) should be provided. It constitutes the third pillar of the Just Transition Mechanism, supporting public sector entities in their investments. Such investments should meet the development needs resulting from the transition challenges described in the territorial just transition plans as adopted by the Commission. The activities envisaged for support should be consistent with and complement those supported under the other two pillars of the Just Transition Mechanism. and should support the overarching objectives of the European Green Deal, in particular the “do not significant harm" principle referred to in Regulation (EU) 2020/852 of the European Parliament and of the Council1a, and be in line with the framework for sustainable activities set out in EU taxonomy established by that Regulation. The activities envisaged for support should be consistent with and complement those supported under the other two pillars of the Just Transition Mechanism, in order to ensure that all three pillars are working towards the same objectives and should not crowd out private sector investment that will be facilitated through the Just Transition Mechanism. _________________ 1aRegulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 25 #
2020/0100(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to enhance the economic diversification of territories impacted by the transition, the Facility should cover a wide range of investments, on condition that they contribute to meet the development needs in the transition towards a climate neutral and circular economy, as described in the territorial just transition plans. The investments supported may cover low carbon energy and transport infrastructure, district heating networks, green mobility, smart waste managementand water management and infrastructure, clean energy and energy efficiency measures including renovations and conversions of buildings, support to transition to a circular economy, land restoration and decontamination, as well as up- and re-skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans and directly benefit the communities in the affected regions and reduce the socio- economic costs of the transition towards a climate-neutral Europe by 2050. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challenges resulting from the adjustment to climate transition. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities mayshall be used and the "do not significant harm" principle referred to in Regulation (EU) 2020/852 adhered to.
Amendment 42 #
2020/0100(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure an effective implementation of the Facility, it may be necessary to provide advisory support for the preparation, development, and implementation of projects, particularly regarding compliance with relevant sustainability criteria. This support should be provided through the InvestEU Advisory Hub.
Amendment 47 #
2020/0100(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The objective of this Regulation, namely to leverage public investment in territories, most impacted by the transition towards climate neutrality and circular economy by addressing the corresponding development needs, cannot be sufficiently achieved by the Member States alone. The main reasons in this regard are the difficulties for public entities to support investments, which do not generate sufficient streams of own revenues and benefit the territories most negatively impacted by climate transition, without EU grant support and the need for a coherent implementation framework under direct management. Since those objectives can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
Amendment 53 #
2020/0100(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Facility shall provide support benefitting Union territories facing serious social, environmental and economic challenges deriving from the transition process towards a climate-neutral and circular economy of the Union by 2050 at the latest.
Amendment 82 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the projects achieve measurable impact in addressing serious social, economic or environmental challenges deriving from the transition process towards a climate-neutral economyand circular economy, are in line with the EU taxonomy established by Regulation (EU) 2020/852 and the "do not significant harm" principle referred to in that Regulation and benefit territories identified in a territorial just transition plan, even if they are not located in those territories;
Amendment 100 #
2020/0100(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Key performance and sustainability indicators to monitor implementation and progress of the Facility towards the achievement of climate neutrality and other environmental objectives of the Union, the adherence to the "do not significant harm" principle referred to in Regulation (EU) 2020/852, and the objectives set out in Article 3 are established in Annex II.
Amendment 101 #
2020/0100(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The performance reporting system shall ensure that data regarding the sustainability and other key performance indicators referred to in paragraph 1 are collected efficiently, effectively and in a timely, reliable and independent fashion. Beneficiaries in cooperation with finance partners shall provide to the Commission the data regarding those indicators.
Amendment 36 #
2020/0006(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The regulatory framework governing the Union’s cohesion policy for the period from 2021 to 2027, in the context of the next multi-annual financial framework, contributes to the fulfilment of the Union’s commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals by concentrating Union funding on green objectives. This Regulation implements one of the priorities set out in the Communication on the European Green Deal (‘the European Green Deal’)11 and is part of the Sustainable Europe Investment Plan12 providing dedicated financing under the Just Transition Mechanism in the context of cohesion policy to address the economic and social costs of the transition to a climate-neutral and circular economy, where any remaining greenhouse gas emissions are compensated by equivalent absorptionsile avoiding environmental degradation and not causing significant harm to any ecosystem, where any remaining greenhouse gas emissions are compensated by equivalent absorptions, where there is closed loop on resources and emissions, where resource efficiency is factored to ten times from the current level, and where waste is designed out from products and the economy. _________________ 11 COM(2019) 640 final, 11.12.2019. 12 COM(2020) 21, 14.1.2020.
Amendment 42 #
2020/0006(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The regulatory framework governing the Union’s cohesion policy for the period from 2021 to 2027, in the context of the next multi-annual financial framework, contributes to the fulfilment of the Union’s commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals by concentrating Union funding on green objectives. This Regulation implements one of the priorities set out in the Communication on the European Green Deal (‘the European Green Deal’)11 and is part of the Sustainable Europe Investment Plan12 providing dedicated financing under the Just Transition Mechanism in the context of cohesion policy to address the economic and social costs of the transition to a climate-neutral and circular economy, where any remaining greenhouse gas emissions are compensated by equivalent absorptionsile avoiding environmental degradation and not causing significant harm to any ecosystem, where any remaining greenhouse gas emissions are compensated by equivalent absorptions, where there is closed loop on resources and emissions, where resource efficiency is factored to ten times from the current level, and where waste is designed out from products and the economy. _________________ 11 COM(2019) 640 final, 11.12.2019. 12 COM(2020) 21, 14.1.2020.
Amendment 51 #
2020/0006(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Just transition should be adopted and implemented in line with do no harm principle of the Green Deal and should not increase pressure on world’s, including European, forests. Investment shall only be eligible if a biomass sustainability report and feasibility study confirms availability of existing waste biomass streams to fuel the capacity of a respective operation and without negative impact on wood-working material industries, biodiversity, and carbon sink of the land use, land use change and forestry sector.
Amendment 57 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. Member States’ access to funding from the Just Transition Fund will be conditional on subscribing to this objective of a climate-neutral Union by 2050. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
Amendment 64 #
2020/0006(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The regulatory framework governing the Union’s cohesion policy for the period from 2021 to 2027, in the context of the next multi-annual financial framework, contributes to the fulfilment of the Union’s commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals by concentrating Union funding on green objectives. This Regulation implements one of the priorities set out in the Communication on the European Green Deal (‘the European Green Deal’)11 and is part of the Sustainable Europe Investment Plan12 providing dedicated financing under the Just Transition Mechanism in the context of cohesion policy to address the economic and social costs of the energy transition to a climate-neutral and circular economy, where any remaining greenhouse gas emissions are compensated by equivalent absorptions. __________________ 11 COM(2019) 640 final, 11.12.2019. 12 COM(2020) 21, 14.1.2020.
Amendment 75 #
2020/0006(COD)
(3a) Transition to carbon neutral economy is also an opportunity to create more jobs. According to European Commission 2019 Employment and Social Developments in Europe (ESDE) review, the transition to a carbon-neutral economy will increase the number of jobs available. By 2030, the transition is expected to create an additional 1.2 million jobs in the EU, on top of the 12 million new jobs already expected. According to the Commission, the transition could mitigate the ongoing job polarisation resulting from automation and digitalisation by creating jobs also in the middle of the wage and skill distributions, particularly in construction and manufacturing.
Amendment 79 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptable for all, taking into account economic efficiency, energy security and energy affordability.. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. The Union budget has an important role in that regard.
Amendment 86 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and workers concerned, by ensuring the take up of new and innovative sustainable public and private projects and other endeavours that can transform the local economy, worklife and private companies climate neutral, circular, non-toxic and sustainable in other environmental aspects. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financing the diversification and modernisation of the local economy and by mitigating the negative repercussions on employment, through education, reskilling and financing of labour intensive projects that create new jobs, such as sustainable construction and green infrastructure projects. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 95 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and workers concerned. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the fair energy transition by financing the diversification and modernisation of the local economy and by mitigating the negative repercussions on employment, upskilling, or requalifying the local labour force. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 98 #
2020/0006(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The Just Transition Fund (JTF) is pursuing a specific goal of carbon neutrality by 2050 and this goal requires a commensurate level of financing. This financing should be separate to the EU structural and investment funds. The JTF should be financed as part of a strengthened Multiannual Financial Framework 2021-2027, with new own resources and the capacity to aid Europe’s economic recovery.
Amendment 100 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25 % of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target.
Amendment 109 #
2020/0006(COD)
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal and the Climate law, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target.
Amendment 111 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF should complement the resources available under cohesion policy but should by no means replace such investments and in particular funding from the European Regional Development Fund (ERDF), the European Social Fund (ESF+) or the European Agricultural Fund for Rural Development (EAFRD).
Amendment 121 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF shouldmay complement the resources available under cohesion policy. The establishment of the JTF should not lead to cuts in or transfers from the funds covered by Regulation (EU) [new CPR].
Amendment 131 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality. The negative social and economic impacts will be particularly felt in rural areas that depend on such fossil fuel reliant activities for employment.
Amendment 153 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental prioriobjectives of the Union and the EU Taxonomy for Sustainable Finance, including the do no significant harm principle. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate- neutral and circular economy while not harming any other environmental objective set out in the EU Taxonomy Regulation and in line with the do no significant harm principle. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, rail connectivity and high-speed trains, energy networks such as smart and super grids, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. Technical support should be enhanced in the form of local and national level incubators and project nurseries bringing together financers and project promoters. These incubators should particularly facilitate different startups, public and private partnerships and disruptive technologies and service models, to help these project proposals to mature to receive finance at national and EU level. _________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 157 #
2020/0006(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources should be reinforced with complementary funding from the ERDF and the ESF+. The respective amounts transferred from the ERDF and the ESF+ should be consistent with the type of operations set out in the territorial just transition plans.
Amendment 162 #
2020/0006(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The JTF support should be conditional on the effective implementation of a transition process in a specific territory in order to achieve a climate-neutral economy. In that regard, together with the regional and local authorities of the territories concerned at least at NUTS levels 2 and 3 and in close Member States should prepare, in cooperation with the relevant stakeholders and supported by the Commission, territorial just transition plans, detailing the transition process, consistently with their National Energy and Climate Plans. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors.
Amendment 178 #
2020/0006(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, with the aim of helping themproviding them with the necessary qualifications and skills to adapt to new and better employment opportunities, as well as providing job-search assistance to jobseekers and their active inclusion into the labour market.
Amendment 179 #
2020/0006(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Once this regulation has been adopted, the JTF should be operationalised as quickly as possible with a view to leveraging the investments needed to pursue its specific goal and to responding to the urgent need to support transitioning regions at a particularly difficult time regarding the European economy.
Amendment 180 #
2020/0006(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Priority must be given to quickly and effectively implementing the JTF. To this end, with a view to cutting costs and maximising the use of the JTF in all its financial capacity for its specific goal, the Commission should ensure that the relevant administrative processes are quick and involve little red tape.
Amendment 186 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio- economic, energy security and energy affordability challenges deriving from the energy transition process towards a just climate-neutral economy of the Union by 2050.
Amendment 193 #
2020/0006(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) EU state aid rules must be flexible if eligible regions in transition are to attract private investment. When drafting the new guidelines, the Commission should therefore also take into account the problems of structural change in the regions concerned, in order to ensure that these regions are given sufficient flexibility to carry out their projects in a socially and economically viable manner.
Amendment 195 #
2020/0006(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) Support for productive investment in enterprises other than SMEs through the Just Transition Fund should not be limited to the areas eligible for State aid under the applicable State aid rules pursuant to Article 107(3)(a)and (c) TFEU. On the contrary, State aid rules should allow all regions receiving assistance through the JTF to effectively address the threat of job losses at an early stage. This should also be ensured by adapting the general block exemption Regulation accordingly;
Amendment 199 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling regions and people to address the social, economic and environmental impacts of the energy transition towards a sustainable climate- neutral economy’.
Amendment 210 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be at least EUR 7.540 billion in 2018 prices, whichand shall not be transferred from the allocations of the funds covered by the Regulation (EU)[new CPR], particularly from funds such as the European Regional Development Fund (ERDF), the European Social Fund (ESF+) or the European Agricultural Fund for Rural Development (EAFRD). This amount may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 217 #
2020/0006(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The territorial just transition plans should identify the territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken to reach a climate-neutral economy, notably as regards the conversion or closure of facilities involving fossil fuel production or other greenhouse gas intensive activities. Those territories should be precisely defined and correspond to NUTS level 3 regions or should be parts thereof. The plans should detail the challenges and needs of those territories and identify the type of operations needed in a manner that ensures the coherent development of climate-resilient economic activities that are also consistent with the transition to climate-neutrality and the objectives of the Green Deal. Only investments in accordance with the transition plans should receive financial support from the JTF, the do no significant harm principle of the EU Taxonomy for Sustainable Finance, and not hampering the low carbon transition or leading to lock in or stranded assets should receive financial support from the JTF. No activities or programmes supporting the continued use of fossil fuels should be eligible. The territorial just transition plans should be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved by the Commission.
Amendment 253 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) sustainable investments in research and innovation activities and infrastructure and fostering the transfer of advanced market-ready technologies;
Amendment 268 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d b (new)
Article 4 – paragraph 2 – subparagraph 1 – point d b (new)
(d b) investments in cross-border electricity interconnection, with a view to achieving the target of 15 % by 2030;
Amendment 269 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling regions and people to address the social, economic, public health and environmental impacts of the transition towards a climate- neutral economy’.
Amendment 312 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive and sustainable investments in SMEs, including start-ups, leading to decent and sustainable job creation, economic diversification and reconversion;
Amendment 352 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction, energy efficiency and renewable energy, energy networks such as smart and super grids;
Amendment 368 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shall comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount.
Amendment 374 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Eligible projects financed under the Just Transition Fund contributing to the specific objective as set out in Article 2 can benefit from up to 75% of relevant costs.
Amendment 381 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e
Article 4 – paragraph 2 – subparagraph 1 – point e
(e) investments in digitalisation and digital connectivity; , particularly high speed broadband in rural areas;
Amendment 390 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and repurposing projects where regeneration of the site was not a precondition for the permit provided to an operator;
Amendment 393 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) an assessment of the transition challenges faced by the most negatively affected territories, including the social, economic, energy security and environmental impact of the energy transition to a climate-neutral economy, identifying the potential number of affected jobs and job losses, the development needs and objectives, to be reached by 2030 linked to the transformation or closure of greenhouse gas-intensive activities in those territories;
Amendment 394 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) a description of the expected contribution of the JTF support to addressing the social, economic, energy security and environmental impacts of the transition to a climate-neutral economy;
Amendment 398 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
(f a) investments and knowledge transfer mainstreaming the transition to sustainable land management, in particular in peatland-rich regions
Amendment 402 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
(g) a description of the type of operations envisaged and their expected contribution to alleviate the impact ofsocial, economic, energy security and environmental impact of and facilitate the transition;
Amendment 406 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h
Article 7 – paragraph 2 – point h
(h) where support is provided to productive investments to enterprises other than SMEs, an as exhaustive as possible list of such operations and enterprises and a justification of the necessity of such support through a gap analysis demonstrating that the expected job losses would exceed the expected number of jobs created in the absence of the investment;
Amendment 420 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 a (new)
Article 7 – paragraph 4 – subparagraph 2 a (new)
The preparation and development of territorial transition plans shall be subject to public consultation.
Amendment 436 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point k a (new)
Article 4 – paragraph 2 – subparagraph 1 – point k a (new)
(ka) investments for transport and construction sector decarbonisation.
Amendment 546 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant local authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. _________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 558 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) a description of the transition process at national level towards a climate- neutral economy, including a timeline for key transition steps which are consistent with the latest versionobjectives of the National Energy and Climate Plan (‘NECP’) and with the EU Climate Law;
Amendment 614 #
2020/0006(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Where the Commission concludes, based on the examination of the final performance report of the programme, that there is a failure to achieve at least 65% of the target established for one or more output or result indicators for the JTF resources, it mayshall make financial corrections pursuant to Article [98] of Regulation (EU) [new CPR] by reducing the support from the JTF to the priority concerned in proportion to the achievements.
Amendment 14 #
2015/0270(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The recent crisis hascrisis of the last two decades have shown that the functioning of the internal market may be under threat and that there is an increasing risk of financial fragmentation. The failure of a bank that is relatively large compared to the national banking sector or the concurrent failure of a part of the national banking sector may cause national DGSs to be vulnerable to large local shocks, even with the additional funding mechanisms provided by Directive 2014/49/EU of the European Parliament and of the Council12. This vulnerability of national DGSs to large local shocks can contribute to adverse feedback between banks and their national sovereign undermining the homogeneity of protection for deposits and contributing to a lack of confidence among depositors and resulting in market instability. __________________ 12 Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149).
Amendment 18 #
2015/0270(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The absence of a homogenous level of depositor protection can distort competition, hinder competitiveness and create an effective barrier for the freedoms of establishment and free provision of services by credit institutions within the internal market. A common deposit insurance scheme is therefore urgent and essential for the completion of the internal market in financial services.
Amendment 42 #
2015/0270(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) EDIS should progressively evolve from a reinsurance scheme into a fully mutualised co-insurance scheme over a number of years. In the context of efforts to deepen the EMU, together with the work on the establishment of bridge-financing arrangements for the Single Resolution Fund (SRF) and on developing a common fiscal backstop, this step is necessary to reduce the bank/sovereign links in individual Member States by means of steps towards risk sharing among all the Member States in the Banking Union, and thereby to reinforce the Banking Union in achieving its key objective. However, such risk sharing implied by steps to reinforce Banking Union must proceed in parallel with risk reducing measures designed to break the bank-sovereign link more directly.
Amendment 51 #
2015/0270(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As the Deposit Insurance Fund, in the re-insurance stage, would only provide an additional source of funding and would only weaken the link between banks and their national sovereign, without however ensuring that all depositors in the Banking Union enjoy an equal level of protection, the reinsurance stage should, after three years, gradually progress into a co- insurance scheme and ultimately into a fully mutualised deposit insurance scheme.
Amendment 55 #
2015/0270(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) While the reinsurance and coinsurance stages would share many common features, ensuring a smooth gradual evolution, pay-outs under the co- insurance stage would be shared between national DGS and the Deposit Insurance Fund as of the first euro of loss. The relative contribution from the Deposit Insurance Fund would gradually increase to 100 percent, resulting in the full mutualisation of depositor risk across the Banking Union after four years.
Amendment 127 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41a – paragraph 2
Article 41a – paragraph 2
2. In case a participating DGS encounters a payout event or is used in resolution in accordance with Article 79 of this Regulation, it may claim funding from the DIF of up to 205%of its liquidity shortfall as set out in Article 41b.
Amendment 134 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 a – paragraph 3
Article 41 a – paragraph 3
3. The DIF shall also cover 205%of the excess loss of the participating DGS as set out in Article 41c. The participating DGS shall repay the amount of funding it obtained under paragraph 2 of this Article, less the amount of excess loss cover, in accordance with the procedure set out in Article 41o.
Amendment 136 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 a – paragraph 4
Article 41 a – paragraph 4
4. Neither the funding nor the excess loss cover shall exceed the lower of 205%of the initial target level of the DIF as set out in Article 74b(1) of this Regulation and 10 times the target level of the participating DGS as defined in the first subparagraph of Article 10(2) of Directive 2014/49/EU.
Amendment 154 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 d – paragraph 1
Article 41 d – paragraph 1
1. As from the end of the re-insurance period, the participating DGS shall be co- insured by EDIS in accordance with this Chapter for a period of fourthree years (‘co- insurance period’).
Amendment 159 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 e – paragraph 1 –indent 1
Article 41 e – paragraph 1 –indent 1
– in the first year of the co-insurance period it shall be 205%;
Amendment 160 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 e – paragraph 1 –indent 2
Article 41 e – paragraph 1 –indent 2
– in the second year of the co- insurance period it shall 450%;
Amendment 161 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 e – paragraph 1 –indent 3
Article 41 e – paragraph 1 –indent 3
– in the third year of the co-insurance period it shall be 6075%;
Amendment 162 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 e – paragraph 1 –indent 4
Article 41 e – paragraph 1 –indent 4