1145 Amendments of Carles PUIGDEMONT I CASAMAJÓ
Amendment 80 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point b a (new)
Paragraph 3 – point 3.1 – point b a (new)
ba. Urges Frontex to facilitate and ensure access to international protection procedures for migrants and refugees encountered during its operations in Mauritania. This must involve providing information, legal assistance, interpretation services, and necessary support to individuals seeking international protection.
Amendment 81 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point b b (new)
Paragraph 3 – point 3.1 – point b b (new)
bb. Considers that Frontex should prioritize the protection of the rights and well-being of migrants and refugees throughout all operational activities conducted within the jurisdiction of Mauritania. The protection must encompass respect for human dignity, adherence to fundamental rights, and compliance with relevant international legal obligations, including those relating to access to international protection.
Amendment 82 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point b c (new)
Paragraph 3 – point 3.1 – point b c (new)
bc. Stresses the importance to prioritize the identification, protection, and support of vulnerable groups among migrants and refugees, including children and victims of trafficking. Comprehensive measures must be in place to address the specific needs and vulnerabilities of these groups, providing specialized care, support services, and appropriate safeguards.
Amendment 89 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point d a (new)
Paragraph 3 – point 3.1 – point d a (new)
da. Considers that Frontex must collaborate with relevant national authorities, international organizations, and civil society actors to ensure the prompt and impartial investigation of any alleged human rights abuses or misconduct related to its activities.
Amendment 91 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point d b (new)
Paragraph 3 – point 3.1 – point d b (new)
db. Encourages Frontex to establish and maintain effective channels of communication and cooperation with Mauritanian law enforcement agencies and relevant ministries.The cooperation must be characterized by regular and timely information exchange, mutual support, and joint planning to ensure the smooth implementation of operational activities.
Amendment 109 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point a a (new)
Paragraph 3 – point 3.2 – point a a (new)
aa. Urges Frontex to comply with and adhere to all relevant international conventions, agreements, and standards related to human rights, including but not limited to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Amendment 112 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point a b (new)
Paragraph 3 – point 3.2 – point a b (new)
ab. Reiterates that Frontex should establish robust mechanisms to monitor and address any potential violations of the rights and well-being of migrants and refugees in its operations in Mauritania. These mechanisms must include regular monitoring, reporting, and assessment of compliance with human rights standards and the effectiveness of protective measures.
Amendment 118 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i a (new)
Paragraph 3 – point 3.2 – point b – point i a (new)
ia. Urges Frontex to establish mechanisms for meaningful consultation and engagement with civil society organizations and relevant stakeholders throughout the planning, implementation, and evaluation of its operations in Mauritania. The consultation and engagement must be guided by the principles of transparency, inclusivity, and respect for diverse perspectives.
Amendment 119 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i b (new)
Paragraph 3 – point 3.2 – point b – point i b (new)
ib. Recalls the importance to Frontex of conducting regular dialogues with civil society organizations and stakeholders to provide opportunities for their input, expertise, and feedback. These dialogues must aim to inform the design, implementation, and evaluation of Frontex operations, ensuring their alignment with human rights, international standards, and the needs of affected communities.
Amendment 120 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i c (new)
Paragraph 3 – point 3.2 – point b – point i c (new)
ic. Urges Frontex to establish mechanisms to ensure the systematic dissemination of relevant information and updates to civil society organizations and stakeholders regarding its operations in Mauritania. The information sharing must be transparent, timely, and accessible, allowing for informed contributions and constructive engagement.
Amendment 121 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i d (new)
Paragraph 3 – point 3.2 – point b – point i d (new)
id. Insists that Frontex must incorporate the recommendations and insights provided by civil society organizations and stakeholders into its operational strategies, guidelines, and practices in Mauritania. The integration of these recommendations must contribute to more effective, rights-based, and accountable operations.
Amendment 129 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b a (new)
Paragraph 3 – point 3.2 – point b a (new)
ba. Recalls that Frontex should provide necessary technical assistance and support to Mauritanian authorities to strengthen their capacities in border management and migration control. This assistance may include sharing expertise, providing training materials, and supporting the development of relevant infrastructure and systems.
Amendment 144 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point e a (new)
Paragraph 3 – point 3.2 – point e a (new)
ea. Stresses that Frontex and Mauritanian authorities must engage in joint training programs to enhance the capabilities, skills, and knowledge of personnel involved in operational activities. These training programs must cover areas such as border control techniques, human rights principles, international standards, and best practices in migration management.
Amendment 148 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 a (new)
Paragraph 3 – point 3.2 a (new)
3.2a Recommends to collaborate with relevant stakeholders, including Mauritanian authorities, environmental organizations, and local communities, to promote environmental preservation and conservation efforts. This collaboration must facilitate knowledge sharing, capacity building, and joint initiatives aimed at achieving sustainable practices within Frontex operations.
Amendment 149 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 b (new)
Paragraph 3 – point 3.2 b (new)
3.2b Highlights the importance that independent oversight mechanisms should be established to oversee and evaluate Frontex activities in Mauritania. These mechanisms must consist of qualified individuals or bodies with expertise in human rights, migration, and border management, and must operate with impartiality and independence. The oversight mechanisms must conduct regular evaluations, assessments, and investigations to ensure compliance with human rights standards, operational guidelines, and protocols.
Amendment 150 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 c (new)
Paragraph 3 – point 3.2 c (new)
3.2c Urges Frontex to maintain transparency and accountability in its operations in Mauritania by regularly reporting on its activities and the measures taken to uphold human rights and international standards.
Amendment 50 #
2023/2028(INI)
Motion for a resolution
Citation 47 a (new)
Citation 47 a (new)
– having regard to the report of the Committee of Inquiry to investigate the use of Pegasus and equivalent surveillance spyware (A9-0189/2023), 26a _________________ 26a P9_TA(2023)0244.
Amendment 86 #
2023/2028(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the prevalence of discrimination on the grounds of linguistic and racial or ethnic origin remains consistently high, both over time and across different population groups in different Member States; whereas antisemitism, islamophobia and racism are persistent forms of hatred and discrimination; whereas far-right extremism poses a particular threat to persons affected by discrimination and to society as a whole;
Amendment 100 #
2023/2028(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the proliferation of new and emerging technologies has significantly expanded states’ toolkit for repression and social control, leading to gradual deterioration of the level of human rights protection.
Amendment 103 #
2023/2028(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Amendment 123 #
2023/2028(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the use of the Recovery and Resilience Facility and the horizontal enabling conditions for the freezing of EU funding to fight corruption and rule of law backsliding in Member States; stresses that funds restricted through different conditionality measures must only be released when key rule of law, corruption and human rights concerns are genuinely and adequately addressed; calls on the European Council to determine whether Hungary and other EU Member States such as Spain has committed serious and persistent breaches of EU values under Article 7(2) TEU;
Amendment 129 #
2023/2028(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Strongly condemn the widespread violations of privacy and the disproportionate use of surveillance, which undermine democratic principles and the right to personal data protection. The abuse of spyware, such as Pegasus, poses a severe threat to fundamental rights in the EU.
Amendment 130 #
2023/2028(INI)
Motion for a resolution
Subheading 2 b (new)
Subheading 2 b (new)
Strongly condemn the judicial persecution against singers in certain EU Member States, such as Poland and Spain.
Amendment 26 #
2023/0129(COD)
Proposal for a Regulation
Recital 16
Recital 16
(16) A Union compulsory licence authorises the use of a protected invention without the consent of the rights-holder. Therefore, it must only be granted exceptionally and under conditions that take into account the interests of the rights- holder. This includes a clear determination of the scope, duration and territorial coverage of the licence. In the context of a Union level crisis mechanism, the crisis mode or emergency mode is activated or declared for a limited period of time. Where a Union compulsory licence is granted within such framework, the duration of the licence shall not extend beyond the duration of the activated or declared crisis or emergency mode. In order to ensure that the compulsory licence fulfils its objective as well as its conditions, the use of the invention should only be authorised to a qualified person able to manufacture the crisis-relevant product and to pay a reasonable remuneration to the rights-holder after careful consideration and analysis of the market.
Amendment 27 #
2023/0129(COD)
Proposal for a Regulation
Recital 20
Recital 20
(20) The Commission should grant the Union compulsory licence in the light of the non-binding opinion of the advisory body. Persons, in particular the licensee and the rights-holder, whose interests may be affected by the Union compulsory licence should be given the opportunity to submit their comments. These elements should enable the Commission to consider the individual merits of the situation and determine, on that basis, the adequate conditions of the licence, including an adequate remuneration to be paid by the licensee to the rights-holder. To avoid overproduction of products manufactured under a Union compulsory licence, the Commission should also consider any existing compulsory licences at national level. Moreover, the Commission should monitor the patent prices in the market and take note of their status when a crisis situation needing a Union compulsory license arises.
Amendment 28 #
2023/0129(COD)
Proposal for a Regulation
Recital 27
Recital 27
(27) The licensee should pay an adequate remuneration to the rights-holder as determined by the Commission. The amount of the remuneration should be determined considering the economic value of the exploitation authorised under the licence to the licensee and to the Member States concerned by the crisis, a thorough and continued monitoring of patent prices market and its status, when the need for a Union compulsory license arises, any public support received by the rights- holder to develop the invention, the degree to which development costs have been amortized as well as humanitarian circumstances relating to the granting of the Union compulsory licence. In addition, the Commission should consider the comments made by the rights-holder and the assessment made by the advisory body with regard to the amount of the remuneration. In any case, the remuneration should not exceedThe Commission should set a first threshold of 4 % of the total gross revenue generated by the licensee through the acts under the Union compulsory licence. This percentage is the same as the one provided for under Regulation 816/2006. In the event of a compulsory licence granted on the basis of a published patent application that ultimately does not lead to the granting of a patent,This percentage should also be under ex-post assessment of the rights- holder, would havho should be able nto ground to receive remunerdemand a higher compensation underonce the compulsory licence, as the subject matter for the receipt of the remuneration has not materialised. In such circumstances, the rights-holder should refund the remuneratirisis situation has ended that should not exceed 40 %. In any case, the Commission should continue to mon it received under the compulsory licenceor and assess the patent prices market.
Amendment 48 #
2023/0129(COD)
Proposal for a Regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The remuneration shall not exceedbe set at a first threshold of 4 % of total gross revenue generated by the licensee through the relevant activities under the Union compulsory licence.
Amendment 49 #
2023/0129(COD)
Proposal for a Regulation
Article 9 – paragraph 3 – point a a (new)
Article 9 – paragraph 3 – point a a (new)
(a a) the patent prices market before and during the crisis or emergency;
Amendment 50 #
2023/0129(COD)
Proposal for a Regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. After the end of the situation of crisis or emergency, the Commission shall allow the rights-holder to demand a higher compensation that shall not exceed 40 % of the total gross revenue generated by the licensee.
Amendment 51 #
2023/0129(COD)
Proposal for a Regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. The rights-holder shall make its demand to the Unitary Patent Court with the assistance of the Commission.
Amendment 73 #
2023/0129(COD)
Proposal for a Regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The relations between the rights- holder and the licensee who has been granted a Union compulsory license shall act and cooperate with each other in good faith when performing rights and obligations under this Regulation. The Commission shall set structures to facilitate dialogue between the rights- holder and the licensee.
Amendment 74 #
2023/0129(COD)
Proposal for a Regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. In case of the impossibility to reach an agreement on the final remuneration, the Commission shall accompany the rights-holder and the licensee to the Unitary Patent Court for it to reach a final sentence on the remuneration.
Amendment 25 #
2023/0081(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Single Market provides the appropriate environment for enabling access at the necessary scale and pace to the technologies required to achieve the Union’s climate ambition. Given the complexity and the transnational character of net-zero technologies, uncoordinated national measures to ensure access to those technologies would have a high potential of distorting competition and fragmenting the Single market. Therefore, to safeguard the functioning and the development of the Single market it is necessary to create a common Union legal framework to collectively address this central challenge by increasing the Union’s resilience and security of supply in the field of net-zero technologies, enabling them to reach economies of scale both in the territory of the Union and elsewhere. This Regulation also sets up the main parameters for Europe’s green re-industrialisation based on the energy, climate, environmental and digital transitions, aiming at Europe’s industry to preserve and increase its levels of competitiveness on the global market, with extensively guaranteed labour rights and focus on research, development and innovation policies for the aforementioned technologies.
Amendment 27 #
2023/0081(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Regarding external aspects, in particular regarding emerging markets and developing economies, the EU will seek win-win partnerships in the framework of its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain as well as to partner countries’ efforts to pursue twin transition and develop local value addition. The Union should seek to ensure open global supply chains, with the aim at maintaining the multirateral framework of the WTO, as well as the Union’s autonomous measures on trade policy. These principles go hand in hand with the upmost respect to human rights and the achievement of the UN’s Sustainable Development Goals. Finally, the Union should continue its commitment to trade agreements with sustainable development chapters encompassing, inter alia, circularity policies and the development of repair and second hand markets.
Amendment 39 #
2023/0081(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To fulfil those commitments, the Union must accelerate its pace of inclusive transition to clean energy, notably by increasing energy efficiency and the share of renewable energy sources. This will contribute to achieving the EU targets of the European Pillar of Social Rights Action Plan for 2030 of an employment rate of at least 78% and participation in training of at least 60% of adults. It will also contribute to ensuring that the green transition is fair and equitable34 . _________________ 34 Council Recommendation on ensuring a fair transition towards climate neutrality, adopted on 16 June 2022 as part of the Fit for 55 package.
Amendment 46 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth, geared towards exports and sustainable domestic supply.
Amendment 50 #
2023/0081(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Research, development and innovation (R&D&I) are of key importance in the green digital transition, also as regards to, inter alia, combined heat and power systems or the transitions towards heat pumps. All public authorities, together with private stakeholders, should leand and give incentives on this type of R&D&I, establishing regulatory sandboxes and other policies aimed at achieving climate neutrality and a sustainable and circular industry and economy.
Amendment 52 #
2023/0081(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Union’s decarbonisation objectives, security of energy supply, digitalisation of the energy system and electrification of demand, for example in mobility and the need for fast recharging points, require an enormous expansion and development of electricity grids in the European Union, both at transmission level and at distribution level. At transmission level, high-voltage direct current (HVDC) systems are needed to connect offshore renewable energies; while at distribution level, connecting electricity providers and managing demand-side flexibility builds on investments in innovative grid technologies, such as electric vehicles smart charging (EVSC), energy efficiency building and industry automation and smart controls, advanced meter infrastructure (AMI) and home energy management systems (HEMS). The Commission, the Member States and the regions of the Union should ensure that the electricity grid needs to interacts with many actors or devices based on a detailed level of observability, and hence availability of data, to enable flexibility, smart charging and smart buildings with smart electricity grids enabling demand side response from consumers and the uptake of renewables. Connecting the net-zero technologies to the network of the European Union requires the substantial expansion of manufacturing capabilities for electricity grids in areas such as offshore and onshore cables, substations and transformers. All the public authorities should guarantee that all the main electricity grids have an up- to-date infrastructure, duly linked and functioning, with the aim of guaranteeing the sufficient electric power for the industrial purposes established in this Regulation.
Amendment 53 #
2023/0081(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Additional policy effort is necessary to support those technologies that are commercially available and have a good potential for rapid scale up to support the Union’s 2030 climate targets, improve the security of supply for net-zero technologies and their circular and sustainable supply chains, and safeguard or strengthen the overall resilience and competitiveness of the Union’s energy system. It includes access to a safe and sustainable source of best in class fuels, as described in recital 8 of Commission Delegated Regulation (EU) 2022/1214. For this reason, the Commission should, witht he help of Member States, regions, local entitities and specialised stakeholders, support the creation of European Clean Tech Valleys (ECTVs) in different territories of the Union. Each Valley should focus mainly on a set of the eitght technologies listed in the Annex of this Regulation, but not only. Such ECTVs should aim at maximising R&D&I and be open to different types of stakeholders, both for- and non-for-profit. The set-up of these European Clean Tech Valleys could be done in a group of regions, in a sole region, in a cross-border capacity, spread all across the territory of the Union, duly linked to a sufficiently functioning electricity grid infrastructure, and following the environmental and social standards set-out in the European Green Deal and the European Pillar of Social Rights. Net-Zero Industry Partnerships should be able to use, cooperate in and share all the social, economic and cultural power of the ECTVs. These Valleys would include the Net-Zero Academies explained further in this Regulation and their ongoing assessment should be made by the Net- Zero Platform and the Commission and the Parliament.
Amendment 58 #
2023/0081(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Union has helped build a global economic system based on open and rules-based trade, pushed for respecting and advancing social and environmental sustainability standards, and is fully committed to those values. As a prime participant in the World Trade Organisation (WTO), the Union is an active member of the global trade community, with social and environmental standards that are guaranteed throught the world to ensure a level-playing field. These standards should be also implemented in the Net- Zero Industry Partnerships established in this Regulation. The lessons learned as regards to the European Clean Tech Valleys should be put to work in third countries with the help of international Net-Zero Industry Partnerships.
Amendment 65 #
2023/0081(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Increasing the manufacturing capacity of net-zero technologies in the European Union will also facilitate the global supply of net-zero technologies and the transition towards clean energy sources globally, lowering dependencies as much as possible and ensuring a circular and sustainable economy.
Amendment 66 #
2023/0081(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) This Regulation also seeks to develop repair and second-hand markets for electrical and electronic equipment (EEE) manufactured during the implementation of this Regulation. The management of waste electrical and electronic equipment (WEEE) and the application of Extended Producer Responsibility (EPR) requirements for EEE are regulated by the Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE Directive). Under this legal instrument, Member States had to transpose the obligations of the Directive to ensure that all waste arising from EEE placed on the Union market is collected, recovered and treated in an environmentally sound manner. For instance, the WEEE Directive requires all producers, whether based within or outside the Union, supplying EEE to the single market, to finance WEEE collection and recycling. This covers EEE that may be subsequently exported for second-hand use. It also sets out targets for the collection and recycling of WEEE to radically reduce the amount of such waste that undergoes substandard treatment inside or outside the EU. Finally, it sets out the minimum requirement to ensure that shipments of WEEE are not disguised as shipments of used EEE through testing and documentation on the nature of the shipment. In addition, the Union is involved in a number of initiatives and agreements regarding exports of used EEE and WEEE and supports a set of programmes in a number of developing countries, aiming to the environmentally sound management of WEEE. The Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (Waste Shipment Regulation) prohibits the export of waste, including WEEE containing hazardous substances, to non- OECD (Organisation for Economic Cooperation and Development) countries, as well as the export waste destined for disposal outside the Union and European Free Trade Association (EFTA) countries. These two pieces of legislation are therefore complemented by the current Regulation, which sets up standards for repair and second-hand markets of net-zero technologies manufactured after the entry into force of this Regulation.
Amendment 70 #
2023/0081(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, the Communication on the Green Deal Industrial Plan for the Net- Zero Age42 sets out a comprehensive approach to support a clean energy technology scale up based on four pillars. The first pillar aims at creating a regulatory environment that simplifies and fast-tracks permitting for new net-zero technology manufacturing and, assembly and circularity sites and facilitates the scaling up of the net-zero industry of the Union and the diversification of business models. The second pillar of the plan is to boost investment in and financing of net-zero technology production, through the revised Temporary Crisis and Transition Framework adopted in March 2023 and the creation of a European Sovereignty fund to preserve the European edge on critical and emerging technologies relevant to the green and digital transitions. The third pillar relates to developing the skills needed to make the transition happen and increase the number of skilled workers in the clean energy technology sector. The fourth pillar focuses on trade and the diversification of the supply chain of critical raw materials in an environmentally and socially sustainable manner. That includes creating a critical raw materials club, working with like- minded partners to collectively strengthen supply chains and diversifying away from single suppliers for critical input, complying with social and environmental standards. _________________ 42 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: A Green Deal Industrial Plan for the Net-Zero Age, COM/2023/62 final, 01.02.2023.
Amendment 71 #
2023/0081(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Under the first pillar, the Union should develop and maintain an industrial basis for the provision of net-zero technology solutions to secure its energy supply, while also living up to its ambitions on climate neutrality. To support that goal and to avoid dependencies for the supply of net-zero technologies that would delay the Union’s greenhouse gas emission reductions efforts or put at risk the security of supply of energy, this Regulation shall set out provisions to encourage demand for sustainable and resilient net-zero technologies, both coming from primary and secondary or second-hand markets.
Amendment 72 #
2023/0081(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additional criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental and innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability and resilience in relation to a series of criteria relating to the tender’s environmental sustainability, innovation, system integration and to resilience. Contracting authorities should ensure the level-playing field among all economic operators, especially focusing on small and medium-size enterprises (SMEs), avoid any type of market concentration or the creation of new oligopolies. The Commission should set up standardised templates on how to apply for these tenders and should ensure an operating single market for all economic operators interested in developing net-zero technologies.
Amendment 75 #
2023/0081(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Council Decision 2014/115/EU approved in particular the amendment to the World Trade Organisation Agreement on Government Procurement (the ‘GPA’)46 . The aim of the GPA is to establish a multilateral framework of balanced rights and obligations relating to public contracts with a view to achieving the liberalisation and expansion of world trade. For contracts covered by the European Union’s Appendix I to the GPA, as well as by other relevant international agreements by which the Union is bound, including free trade agreements and the Article III:8(a) of the General Agreement on Tariffs and Trade of 1994 for procurement by governmental agencies of products purchased with a view to commercial resale or with a view to use in the production of goods for commercial sale, contracting authorities and contracting entities should not apply the requirements of Article 19 (1) point (d) to economic operators of sources of supply that are signatories to the agreements. The Union should seek reciprocity between European and third countries stakeholders. _________________ 46 Council decision 2014/115/EU of 2 December 2013 on the conclusion of the Protocol Amending the Agreement on Government Procurement, (OJ L68, 7.3.2014, p. 1).
Amendment 79 #
2023/0081(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Households and final consumers are an essential part of the Union’s demand for net-zero technologies final products and public support schemes to incentivize the purchase of such product by households, in particular for vulnerable low- and lower middle-class income households and consumers, are important tools to accelerate the green transition. Under the solar rooftop initiative announced in the EU solar strategy52 , Member States should for instance set-up national programmes to support the massive deployment of rooftop solar energy. In the REPowerEU plan, the Commission called Member States to make full use of supporting measures which encourage switching to heat pumps. Such support schemes set up nationally by Member States or locally by local or regional authorities should also contribute to improving the sustainability and resilience of the EU net- zero technologies. Public authorities should for instance provide higher financial compensation to beneficiaries for the purchase of net-zero technology final products that will make a higher contribution to resilience in the Union. Public authorities should ensure that their schemes are open, transparent and non- discriminatory, so that they contribute to increase demand for net-zero technology products in the Union. Public authorities should also limit the additional financial compensation for such products so as not to slow down the deployment of the net- zero technologies in the Union. To increase the efficiency of such schemes Member States should ensure that information is easily accessible both for consumers and for net-zero technology manufacturers on a free website. The use by public authorities of the sustainability and resilience contribution in schemes targeted at consumers or households should be without prejudice to State aid rules and to WTO rules on Subsidies. _________________ 52 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions : EU Solar Energy Strategy, COM(2022) 221 final, 18.05.2022.
Amendment 81 #
2023/0081(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The Commission should also assist Member States and regions in the design of schemes targeted at households and consumers to build synergies and exchange best practices and lessons learned. The Net-Zero Europe Platform should also play an important role in accelerating the implementation of the sustainability and resilience contribution by Member States and public authorities in their public procurement and auctioning practices. It should issue guidance and identify best practices on how to define the contribution and use it, providing concrete and specific examples. The Platform should be open to different types of stakeholders, especially SMEs and consumer protection associations, as well as the European Parliament.
Amendment 84 #
2023/0081(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) As indicated in the Communication on the Green Deal Industrial Plan for the Net-Zero Age, published on 1 February 2023, the Union’s industry’s market shares are under strong pressure, due to subsidies in third countries which undermine a level playing field. This translates in a need for a rapid and ambitious reaction from the Union in modernising its legal framework, deploying its autonomous measures on trade defence and use the Union’s full potential as regards to the implementation of the concluded FTAs and to the Union’s active participation in the WTO.
Amendment 96 #
2023/0081(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) At the same time, the unpredictability, complexity and at times, excessive length of national permit- granting processes undermines the investment security needed for the effective development of net-zero technologies manufacturing projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedures. In addition, Net-Zero Strategic Projects should be given priority status at national level to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures relating to them, without preventing competent authorities to streamline permitting for other net-zero technologies manufacturing projects that are not Net- Zero Strategic Projects or more generally. Member States should not prioritise only a determined set of economic operators but ensure the level-playing field to all of them, especially SMEs. All Strategic Projects should include circularity chapters.
Amendment 98 #
2023/0081(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to reduce complexity and increase efficiency and transparency, project promoters of net-zero technologies manufacturing projects should be able to interact with a single nationaln authority responsible for coordinating the entire permit granting process and issuing a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority. Depending on a Member State’s internal organisation, it should be possible for the tasks of the national competent authority s to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of their responsibilities, Member States should provide their national competent authority, or any authority acting on their behalf, with sufficient personnel and resources. These authorities should also work towards the creation of the European Clean Tech Valleys, together with all the stakeholders involved.
Amendment 99 #
2023/0081(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure clarity about the permitting status of Net-Zero Strategic Projects and to limit the effectiveness of potential abusive litigation, while not undermining effective judicial review, Member States should ensure that any dispute concerning permit granting process is resolved in a timely manner. To that end, national competent authorities should ensure that applicants and project promoters have access to a simple dispute settlement procedure and that Net-Zero Strategic Projects are granted urgent treatment in all judicial and dispute resolution procedures relating to them while ensuring respect for the rights of defence.
Amendment 100 #
2023/0081(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to allow businesses and project promoters, including for cross- border projects, to directly enjoy the benefits of the internal market without incurring an unnecessary additional administrative burden, Regulation (EU) 2018/1724 of the European Parliament and the Council64 provides for general rules for the online provision of procedures relevant for the functioning of the internal market. The information that needs to be submitted to national competent authorities as part of the permit-granting processes covered by this Regulation are to be covered in Annex I of Regulation (EU) 2018/1724 following its amendment by this Regulation, and the related procedures are included in its Annex II so as to ensure that project promoters can benefit from fully online procedures and the Once-Only Technical System. National cCompetent authorities acting as one stop shop pursuant to this Regulation are included in the list of assistance and problem-solving services in Annex III of Regulation (EU) 2018/1724. _________________ 64 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).
Amendment 101 #
2023/0081(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Land use conflicts can create barriers to the deployment of net zero technologies manufacturing projects. Well- designed plans, including spatial plans and zoning, that take into account the potential for implementing net-zero technologies manufacturing projects and whose potential environmental impacts are assessed, have the potential to help balance public goods and interests, decreasing the potential for conflict and accelerating the sustainable deployment of net-zero technologies manufacturing projects in the Union. Responsible national, regional and local authorities should therefore consider the inclusion of provisions for net-zero technologies manufacturing projects when developing relevant plans establishing the Valleys.
Amendment 104 #
2023/0081(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) Net-zero regulatory sandboxes can be an important tool to promote innovation in the field of net-zero technologies and regulatory learning. These should be especially set up in the Valleys, but not only. Innovation needs to be enabled through experimentation spaces as scientific outcomes need to be tested in a controlled real-word environment. Regulatory sandboxes should be introduced to test innovative net-zero technologies in a controlled environment for a limited amount of time It is appropriate to strike a balance between legal certainty for participants in the Net- Zero regulatory sandboxes and the achievement of the objectives of Union law. As Net-Zero regulatory sandboxes must in any case comply with the essential requirements on Net-Zero technology laid out in Union and national law, it is appropriate to provide that participants , who comply with the eligibility requirements for Net-Zero regulatory sandboxes and who follow, in good faith, the guidance provided by the competent authorities and the terms and conditions of the plan agreed with those authorities, are not subject to any administrative fines or penalties. This is justified as the safeguards in place will, in principle, ensure effective compliance with Union or Member State or, where applicable, regional law on the Net-Zero technology supervised in the regulatory sandboxes. The Commission will publish a Guidance for Sandboxes document in 2023 as announced in the New European Innovation Agenda to support Member States and regions in preparing the net zero technology sandboxes and the Valleys. Those innovative technologies could eventually be essential to achieve the Union’s climate neutrality objective, ensure the security of supply and resilience of the Union’s energy system, and consequently enter the scope of strategic net-zero technologies. These plans should, inter alia, envision the current industrial infrastructure of a region, such as industrial sites to be remodelled, rehabilitated following environmentally sustainable standards, and recoverteded into manufacturing sites of net-zero technologies.
Amendment 106 #
2023/0081(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Building on previous experiences, such as the EU Pact for Skills and the European Battery Alliance, European Net- Zero Industry Academies should develop and deploy education and training content to upskill and reskill workers required for key net-zero technology value chains, such as solar photovoltaic and solar thermal technologies, renewable hydrogen technologies and raw materials. The academies, an essential pillar and actor within the European Clean Tech Valleys, would aim to enable the training and education of 100.000 learners each, within three years of their establishment, to contribute to the availability of skills required for the net-zero technologies, including in small and medium-sized enterprises. That content should be developed and deployed with education and training providers in Member States and regions, relevant Member States and regional authorities and social partners. Education and training providers, industry and other actors involved in up- and reskilling in the Member States, such as Public Employment Services, should deliver the content produced by the academies. Set up within a cluster of specialised universities or institutes, or created ex novo, the academies should be open to all European citizens and beyond, with scholarships programmes linked to strategic partnerships. To ensure skills transparency and portability and the mobility of workers, the European Net- Zero Industry Academies will develop and deploy credentials, including micro- credentials, covering learning achievements. They should be issued in the format of European credentials for learning and could be integrated in EUROPASS and, where relevant, included in National Qualifications Frameworks. Member States are encouraged to support the continuous reskilling and upskilling offered via the academies and the relevant education and training providers in their territories through national programmes and Union funding, including from the European Social Fund Plus, the Recovery and Resilience Facility, the European Regional Development Fund, the Just Transition Mechanism, the Modernisation Fund and the Technical Support Instrument. The Net-Zero Europe Platform should assist in guiding the work of the Academies and providing oversight.
Amendment 107 #
2023/0081(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) At Union level, a Net-Zero Europe Platform, should be established, composed of the Member States and chaired by the Commission. The Net-Zero Europe Platform may advise and assist the Commission and Member States and, where applicable, regions on specific questions and provide a reference body, in which the Commission and Member States and, where applicable, regions coordinate their action and facilitate the exchange of information on issues relating to this Regulation. The Net- Zero Europe Platform should further perform the tasks outlined in the different Articles of this Regulation, notably in relation to permitting, including one-stop shops, Net-Zero Strategic Projects, coordination of financing, access to markets and skills as well as innovative net-zero technologies regulatory sandboxes. Where necessary, the Platform may establish standing or temporary subgroups and invite third parties, such as experts or representatives from net-zero industries.
Amendment 111 #
2023/0081(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) As part of the Green Deal Industrial Plan the Commission announced its intention to conclude Net-Zero Industrial Partnerships covering net-zero technologies, to adopt net-zero technologies globally and to support the role of EU industrial capabilities in paving the way for the global clean energy transition. The Commission and Member States and regions may coordinate within the Platform the Partnerships, discussing existing relevant partnerships and processes, such as green partnerships, energy dialogues and other forms of existing bilateral contractual arrangements, as well as potential synergies with relevant Member States’ bilateral agreements with third countries. Partnerships established within the Union should have a cross- border characteristic and be a fundamental instrument for the establishment of the Valleys.
Amendment 116 #
2023/0081(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) The Union should aim to diversify international trade and investments in net- zero technologies and to promote globally high social, labour and environmental standards should be done in close cooperation and partnership with like- minded countries. Similarly, stronger research, development and innovation efforts to develop and deploy net-zero technologies should be pursued in close cooperation with partner countries in an open but assertive approach. These partnerships should also consider creating both Valleys and academies in democratic third countries, using the full potential of the Global Gateways and all the other development policies and programmes of the Union.
Amendment 119 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zero technologies in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies needed to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality job, to enable Europe’s green re- industrialisation based on the energy, climate, environmental and digital transitions, to foster Europe’s industry to preserve and increase its levels of competitiveness on the global markets, and to contribute to the creation of quality jobs with extensively guaranteed labour rights and focus on research, development and innovation policies for the aforementioned technologies.
Amendment 128 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) circularity objectives for the supply chains of net-zero technologies, with the aim at recycling and creating repair and second-hand markets.
Amendment 131 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. the reduction of strategic dependencies from third countries without hampering open, fair and sustainable trade.
Amendment 136 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 [1]; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 [2]; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency technologies. They refer to the final products, specific components, parts, raw materials, and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66[1] ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67[2] ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 144 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘net-zero technology manufacturing and deployment project’ means a planned industrial facility or extension or repurposing of an existing facility manufacturing net-zero technologies;
Amendment 146 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) ‘circularity’ in this Regulation means the processes of redesign, reduce, reuse, renew, repair, recycle and retrieve net-zero technology products to give them new uses or all of their possible uses through the repair market;
Amendment 147 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) ‘repair market’ means the single market for undertakings specialising in processes of repairing objects, parts, structures or products that are not functioning or are not functioning correctly as regards to the utilisation standards set by the original producer;
Amendment 149 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) ‘authority concerned’ means an authority that, under Union or national law, is competent to issue permits and authorisations related to the planning, design and construction of immovable assets, including energy infrastructure;
Amendment 150 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point s a (new)
Article 3 – paragraph 1 – point s a (new)
(sa) ‘stockpiling’ in this Regulation means the strategic accumulation of the strategic, critical, and essential raw materials established in the Annexes of the Critical Raw Materials Act and subsequent delegated and implementing acts throughout the territory of the Union with the objective to ensure 60 days of domestic consumption of imports in case of sudden or severe disruptions in the dedicated supply chains;
Amendment 154 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. By …[3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authority which shall be responsible for facilitating and coordinating the permit-granting process for net-zero technology manufacturing projects, including for net-zero strategic projects, and to provide advice on reducing administrative burden in line with Article 5.
Amendment 155 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Competent authorities shall ensure the level-playing field among undertakings, especially small and medium-size enterprises, and shall avoid any type of market concentration and shall ensure an operating single market for all economic operators interested in developing net-zero technologies.
Amendment 156 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. The Commission shall set up standardised templates with an implementing act on how to apply for these tenders.
Amendment 159 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The national competent authority referred to in paragraph 1 shall be the sole point of contact for the project promoter in the permit-granting process leading to a comprehensive decision for a given project and shall coordinate the submission of all relevant documents and information.
Amendment 162 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. The responsibilities of the national competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, for any given project, provided that:
Amendment 164 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) the national competent authority notifies the project promoter of that delegation;
Amendment 165 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Project promoters shall be allowed to make cross-border coalitions to set up a European Clean Tech Valley pursuant Article 15a of this Regulation, with the support of the Commission, and Member State, regional and local public authorities.
Amendment 166 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The national competent authority shall take into consideration any valid studies conducted, and permits or authorisations issued, for a given project before the project entered the permit- granting process in accordance with this Article and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 170 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The national competent authority shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit-granting process and the issuance of permits to construct or expand projects, including, where applicable, alternative dispute resolution mechanisms.
Amendment 173 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that the national competent authority responsible for the entire permit-granting processes, including all procedural steps, has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation.
Amendment 175 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 8 a (new)
Article 4 – paragraph 8 a (new)
8a. In line with this One Stop Shop, the Commission shall facilitate a European one-stop shop aimed at complaints and other problems and challenges that undertakings may face during all the steps of their application.
Amendment 183 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. No later than one month following the receipt of the permit-granting application, competent authorities shall validate the application or, if the project promoter has not sent all the information required to process an application, request the project promoter to submit a complete application within fourteen days from that request. The date of the acknowledgement of the validity of the application by the national competent authority referred to in Article 4(1) shall serve as the start of the permit granting process.
Amendment 184 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. No later than one month following the date of the acknowledgement of the validity of the application, the national competent authority shall draw up, in close cooperation with the project promoter and other authorities concerned, a detailed schedule for the permit granting process. The schedule shall be published by the national competent authority referred to in Article 4(1) on a free access website.
Amendment 185 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. No later than one month following the date of the acknowledgement of the validity of the application, the national competent authority shall draw up, in close cooperation with the project promoter and other authorities concerned, a detailed schedule for the permit granting process. The schedule shall be published by the national competent authority referred to in Article 4(1) on a free access website.
Amendment 186 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
9. The time limits set in this Article for any of the permit granting procedures shall be without prejudice to any shorter time limits set by Member States or, where applicable regions.
Amendment 187 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 9 of Directive 2011/92/EU, the project promoter concerned shall request an opinion to the competent authority referred to in Article 4 on the scope and level of detail of the information to be included in the environmental impact assessment report pursuant to Article 5(1) of that Directive. The national competent authority shall ensure that the opinion referred to in the first subparagraph is issued as soon as possible and within a period of time not exceeding 30 days from the date on which the project promoter submitted its request.
Amendment 188 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Where the obligation to assess the effects on the environment arises simultaneously from Directive 2011/92/EU, Directive 92/43/EEC, Directive 2009/147/EC of the European Parliament and the Council, Directive 2000/60/EC, Directive 2001/42/EC of the European Parliament and the Council68 , Directive 2008/98/EC of the European Parliament and of the Council69 , Directive 2010/75/EU or Directive 2012/18/EU of the European Parliament and the Council70 , the national competent authority shall provide for coordinated or joint procedures fulfilling the requirements of that Union legislation. _________________ 68 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30). 69 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 70 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1).
Amendment 189 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Under the coordinated procedure referred to in the first subparagraph, the national competent authority shall coordinate the various individual assessments of the environmental impact of a particular project required by the applicable Union legislation.
Amendment 190 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Under the joint procedure referred to in the first subparagraph, the national competent authority shall provide for a single assessment of the environmental impact of a particular project required by the applicable Union legislation.
Amendment 192 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The national competent authority shall ensure that the authorities concerned issue a reasoned conclusion as referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment within three months of receiving all necessary information gathered pursuant to Articles 5, 6 and 7 of that Directive and completing the consultations referred to in Articles 6 and 7 of that Directive.
Amendment 193 #
2023/0081(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities shall, where appropriate, include in those plans provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects and all the necessary infrastructure, including manufacturing components, parts, materials and raw materials. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 195 #
2023/0081(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. National, regional and local authorities shall prepare plans to create a European Clean Tech Valley pursuant Article 15a in a territory of the Union, prioritising cross-border cooperation.
Amendment 198 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point i
Article 10 – paragraph 1 – point b – point i
(i) it adds significant manufacturing capacity in the Union for net-zero technologies without creating new strategic dependencies from third countries;
Amendment 200 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv
Article 10 – paragraph 1 – point b – point iv
(iv) it adopts comprehensive low- carbon and circular manufacturing practices, including waste heat recovery and the development of undertakings and markets specialising in the repair of net- zero products.
Amendment 203 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(ba) The Net-zero technology manufacturing Project contributes to resource efficiency and has a positive impact in circularity.
Amendment 204 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Applications for recognition of net- zero technology projects as net-zero strategic projects shall be submitted by the project promoter to the relevant Member State or to the Commission.
Amendment 205 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall assess the application referred to in paragraph 1 through a fair and transparent process within a month. The absence of a decision by Member States within that time frame shall constitute an approval of the project. Member States shall ensure the level- playing field among all undertakings, especially small and medium-size enterprises.
Amendment 207 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Project promoters and all authorities that, under national law, are competent to issue various permits and authorisations related to the planning, design and construction of immovable assets, including energy infrastructure, shall ensure that for net-zero strategic projects those processes are treated in the most rapid way possible in accordance with Union and national lawlaw ensuring the level-playing field and avoiding any distortion of the market.
Amendment 209 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Without prejudice to obligations provided for in Union law, Member States shall grant net-zero strategic projects the status of the highest national significance possible, where such a status exists in national law, and be treated accordingly in the permit- granting processes including those relating to environmental assessments and if national law so provides, to spatial planning.
Amendment 213 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. In case the national court or tribunal or panel takes more than six months to settle any dispute resolution procedure, litigation, appeal or judicial remedy related to net-zero strategic projects, the complainant shall be able to inform the Commission, which shall implement an open portal to receive this type of information. The Commission, by means of an implement regulation, shall set up this open portal after consulting with the Net-Zero Europe Platform.
Amendment 220 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. National cCompetent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary steps to be considered as approved, except where the specific project is subject to an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directive 2000/60/EC, Directive 2008/98/EC, Directive 2009/147/EC, Directive 2010/75/EU, 2011/92/EU or Directive 2012/18/EU or a determination of whether such environmental impact assessment is necessary and the relevant assessments concerned have not yet been carried out, or where the principle of administrative tacit approval does not exist in the national legal system. This provision shall not apply to final decisions on the outcome of the process, which are to be explicit. All decisions shall be made publicly available.
Amendment 221 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States and, where applicable, regions and local authorities shall undertake activities to accelerate and crowd-in private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing finance.
Amendment 222 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States and, where applicable, regions may provide administrative support to net-zero strategic projects to facilitate their rapid and effective implementation, including by providing:
Amendment 224 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increase the public acceptance of the project by, inter alia, developing business plans that comply with this Regulation and the relevant legislative framework.
Amendment 226 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Net-Zero Europe Platform as established in Article 28 shall discuss financial needs and bottlenecks of net-zero strategic projects, the use of national ETS revenues to advance strategic net zero technology projects, potential best practices, in particular to develop EU cross-border supply chains, notably based on regular exchanges with the relevant industrial alliances.
Amendment 229 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The Commission shall propose to the Council and Parliament no later than 31 December 2024 means of coordinating the various sources of public funding for net-zero strategic projects from the Union and Member States with the object of accelerating their deployment.
Amendment 230 #
2023/0081(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 242 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. The tender’s sustainability and resilience contribution shall not be used by contracting authorities or contracting entities to favour national providers over providers originating from other EU Member States.
Amendment 253 #
2023/0081(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The Commission shall implement a global trade and investment strategy in the framework of the WTO and bilaterally to strengthen global value chains for net- zero technology, with the aim to ensure human rights all along the supply chains, to ensure responsible and reliable imports, to address trade distortions, and to develop net-zero technologies while promoting high social, labour and environmental standards. The Commission shall make full use of trade defence instruments to defend a fair, reciprocal and open trade.
Amendment 261 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) enable and promote the use of the learning programmes, content and materials by education and training providers in the Member States, among others by training trainers and develop mechanisms to ensure the quality of the training offered by education and training providers in the Member States based on the above learning programmes, content and materials;
Amendment 262 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
Article 23 – paragraph 1 – point c a (new)
(ca) where applicable, be active part of a European Clean Tech Valley.
Amendment 263 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. European Net Zero Industry Academies shall be linked to the educational network of the territory, especially universities, vocational training schools and professional colleges.
Amendment 265 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States or, where applicable, regions or a cluster of cross- border regions may at their own initiative establish net-zero regulatory sandboxes, allowing for the development, testing and validation of innovative net- zero technologies, in a controlled real- world environment for a limited time before their placement on the market or putting into service, thus enhancing regulatory learning and potential scaling up and wider deployment. Member State, especially in a European Clean Tech Valley as set out in Article 15a. Member States or, where applicable, regions or a cluster of cross-border regions shall establish net-zero regulatory sandboxes in accordance with paragraph 1 at the request of any company developing innovative net-zero technologies, which fulfils the eligibility and selection criteria referred to in paragraph 4(a) and which has been selected by the competent authorities following the selection procedure referred to in paragraph 4(b).
Amendment 267 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The modalities and the conditions for the establishment and operation of the net-zero regulatory sandboxes under this Regulation shall be adopted through implementing acts in accordance with the examination procedure referred to in Article 36. The modalities and conditions shall to the extent possible support flexibility for national competent authorities to establish and operate their Net-zero regulatory sandboxes, foster innovation and regulatory learning and shall particularly take into account the special circumstances and capacities of participating SMEs, including start-ups. The implementing acts referred to in paragraph 3 shall include common main principles on the following issues:
Amendment 271 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 272 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. The duration of the net-zero regulatory sandbox may be extended through the same procedure upon agreement of the national competent authority.
Amendment 273 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 8
Article 26 – paragraph 8
8. The net-zero regulatory sandboxes shall be designed and implemented in such a way that, where relevant, they facilitate cross-border cooperation between the national competent authorities. Member States or regions or clusters of regions that have established net-zero regulatory sandboxes and European Clean Tech Valleys shall coordinate their activities and cooperate within the framework of the Net- Zero Europe Platform with the objectives of sharing relevant information. They shall report annually to the Commission on the results of the implementation of regulatory sandboxes, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application within the regulatory sandbox of this Regulation and other Union legislation in a manner adapted for the purposes of the sandbox.
Amendment 274 #
2023/0081(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a a (new)
Article 27 – paragraph 1 – point a a (new)
(aa) provide small and medium enterprises with guidance and involvement incentives be co-founders and active participants in the European Clean Tech Valleys that may be established in the territories these enterprises operate;
Amendment 276 #
2023/0081(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. help link small and medium enterprises with private funding such as, inter alia, venture capital funds or angel investors in order for the former to scale up;
Amendment 277 #
2023/0081(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States and regions shall take into account the specific interests and needs of small and medium enterprises , and provide adequate administrative support to take part in the regulatory sandboxes. Without prejudice to the application of Articles 107 and 108 of the Treaty, Member States should inform small and medium enterprises of available financial support to their activities in the regulatory sandboxes.
Amendment 278 #
2023/0081(COD)
1. The Net-Zero Europe Platform (‘the Platform’) is established within the Commission.
Amendment 280 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Platform may advise and assist the relevant Commission and Member Statedministration, Member States and, where applicable, regions in relation to their actions to reach the objectives outlined in Chapter I of this Regulation, taking into account Member States’ national energy and climate plans submitted under Regulation (EU) 2018/199975 . _________________ 75 Regulation (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, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (Text with EEA relevance.), (OJ L 328, 21.12.2018, p. 1).
Amendment 283 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
Amendment 285 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point -a (new)
Article 28 – paragraph 4 – point -a (new)
(-a) how to improve the deployment and development of the European Clean Tech Valleys and the regulatory sandboxes;
Amendment 290 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
(b) how to address non-tariff barriers to trade, such as through mutual recognition of conformity assessment or commitments to avoid export restrictions, and ensure market access for European undertakings to public procurements of third countries falling under the scope of Regulation (EU) 2022/1031;
Amendment 298 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point c – point ii a (new)
Article 28 – paragraph 4 – point c – point ii a (new)
iia) whether the third country abides to the rule of law and is a democracy;
Amendment 308 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Platform shall be composed Member States and of the Commissionby the Commission, Member States and, where applicable, regions or clusters of regions that have created a European Clean Tech Valley. It shall be chaired by a representative of the Commission.
Amendment 312 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Each Member Stateinstitutional participant shall appoint a high-level representative to the Platform. Where relevant as regards the function and expertise, a Member Sn institutional representative may have more than one representative in relation to different tasks related to the work of the Platform. Each member of the Platform shall have an alternate.
Amendment 316 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. Where appropriate, the Platform or the Commission may invite experts and other Net-Zero Industrial Partnerships’ countries and third parties to Platform and sub- group meetings or to provide written contributions.
Amendment 318 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. On a regular basis, the Platform shall organise open sessions, including of the standing or temporary sub-groups referred to in paragraph 6, with representatives of European economic operators.
Amendment 320 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 11
Article 29 – paragraph 11
11. The Platform shall coordinate and cooperate with existing industrial alliances.
Amendment 322 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 2 – introductory part
Article 31 – paragraph 2 – introductory part
2. Member States and the national aAuthorities they designated for this purpose shall collect and provide data and other evidence required pursuant to paragraph 1, points (a) and (b). In particular, they shall collect and report each year to the Commission data on:
Amendment 324 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The first report shall be sent to the Commission by each Member State or, where applicable, regions at the end of May of the year following the date of entry into force of this Regulation. The following reports shall be sent by the end of May every year.
Amendment 325 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Member States or, where applicable, regions shall also transmit the data collected pursuant to paragraph 2 of this Article to national or, where applicable, regional statistical offices and to Eurostat for the purposes of compiling and publishing statistics in accordance with Regulation (EC) No 223/2009 of the European Parliament and of the Council76 . Member States or, where applicable, regions shall designate the national authority responsible for transmitting the data to national statistical offices and Eurostat. _________________ 76 Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
Amendment 327 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 7 a (new)
Article 31 – paragraph 7 a (new)
7a. Public authorities shall ensure they possess the sufficient human and financial resources and technical resources to monitor the implementation of this Regulation.
Amendment 331 #
2023/0081(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The competent authorities of the Member States shall provide to the Commission any relevant information they have and that the Commission may require to draw up the report referred to in paragraph 1.
Amendment 332 #
2023/0081(COD)
Proposal for a regulation
Article 35 – paragraph 4 a (new)
Article 35 – paragraph 4 a (new)
4a. The Commission shall assess and update the list of net-zero technologies and strategic net-zero technologies by [2 years after the date of entry into force of this Regulation], and every 2 years thereafter.
Amendment 334 #
2023/0081(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Member States, regions and the Commission shall ensure the protection of trade and business secrets and other sensitive, confidential and classified information acquired and generated in application of this Regulation, including recommendations and measures to be taken, in accordance with Union and the respective national law.
Amendment 335 #
2023/0081(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Member States, regions and the Commission shall ensure that classified information provided or exchanged under this Regulation is not downgraded or declassified without the prior written consent of the originator.
Amendment 336 #
2023/0081(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. If a Member State or, where applicable, a region assesses that the presentation of aggregated information in the context of Article 18 may nonetheless compromise its national security interest, it may object to the Commission’s presentation through a justified notice.
Amendment 337 #
2023/0081(COD)
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
5. The Commission and the national authorities, their officials, employees and other persons working under the supervision of these authorities shall ensure the confidentiality of information obtained in carrying out their tasks and activities. This obligation also applies to all representatives of Member States, observers, experts and other participants attending meetings of the Platform pursuant to Article 29.
Amendment 51 #
2023/0079(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The EU’s Eighth Environment Action Programme aims to significantly decrease the EU’s material footprint, that is, the amount of raw material extracted to manufacture the goods and services consumed. Since 2010, the material footprint has remained relatively stable and was 6.1 billion tonnes in 2020. This level of consumption is not sustainable and is higher than the global average. Given the lack of a declining trend, to achieve the aim of reducing the EU’s material footprint, significant efforts are needed to reduce consumption and material extraction, and switch to goods and services that require less material, including critical raw materials.
Amendment 56 #
2023/0079(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union, as well as decreasing its demand.
Amendment 60 #
2023/0079(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The list of critical raw materials should contain all strategic raw materials as well as any other raw materials of high importance for the overall Union economy and for which there is a high risk of supply disruption. These latter raw materials, called essential, are currently more than two thirds of the sector and industry. To take account of possible technological and economic changes, the Commission should, in continuation of current practice, periodically perform an assessment based on data for production, trade, applications, recycling, and substitution for a wide range of raw materials to update the lists of critical and strategic raw materials reflecting the evolution in the economic importance and supply risk associated with those raw materials. The list of critical raw materials should include those raw materials which reach or exceed the thresholds for both economic importance and supply risk, without ranking the relevant raw materials in terms of criticality. This assessment should be based on an average of the latest available data over a 5-year-period. The measures set out in this Regulation related to one stop shop for permitting, planning, exploration, monitoring, circularity, and sustainability should apply to all critical raw materials.
Amendment 62 #
2023/0079(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To strengthen Union capacities along the strategic, critical and essential raw materials value chains, benchmarks should be set to guide efforts and track progress. The aim should be to increase capacities for each strategic, critical and essential raw material at each stage of their value chains, while aiming to achieve overall capacity benchmarks for extraction, processing and recycling of strategic, critical and essential raw materials. Firstly, the Union should increase the use of its own geological resources of strategic raw materials and build up capacity to allow it to extract the materials needed to produce at least 10 % of the Union's consumption of strategic raw materials. Keeping in mind that extraction capacity is highly dependent on the availability of Union geological resources, the achievement of this benchmark is dependent on such availability. Secondly, in order to build a full value chain and prevent any bottlenecks at intermediate stages, the Union should in addition increase its processing capacity along the value chain and be able to produce at least 40 % of its annual consumption of strategic raw materials. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials can be covered by secondary raw materials, which would improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to produce at least 15 % of the Union’s annual consumption of strategic raw materials. These benchmarks refer to the 2030 time horizon, in alignment with the Union's climate and energy targets set under Regulation (EU) 2021/1119 of the European Parliament and of the Council29 and the digital targets under the Digital Decade30 , which they underpin. Furthermore, quality jobs, including skills development and job-to-job transitions, will address risks in the sectoral labour market and help ensure the EU’s competitiveness. _________________ 29 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 (OJ L 243, 9.7.2021, p. 1). 30 DecAll these processes related to the strategic raw materials should not exclude any critical or essential raw materials, but allow the Commission (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (OJL 323, 19.12.2022, p. 4–26 )to indicate the level of economic importance and supply risk of every strategic or critical or essential raw material.
Amendment 72 #
2023/0079(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to put in place appropriate measures to support Strategic Projects aimed at the extraction, processing, stockpiling or recycling of strategic raw materials in the Union that should, together with Member State efforts, contribute to increasing capacities towards the benchmarks. Other measures, notably on exploration or circularity, should also contribute to the reinforcement of different stages of the value chain and thereby contribute to the achievement of the benchmarks. To ensure that the benchmarks are met in time, the Commission, with the help of the European Critical Raw Materials Board (‘the Board’) should track and report progress towards the benchmarks. In case the reported progress towards the benchmarks is generally insufficient, the Commission should assess the feasibility and proportionality of additional measures. A lack of progress only on a single or small set of strategic raw material should in principle not trigger the need for additional Union efforts.
Amendment 74 #
2023/0079(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to build capacities in the Union, the Commission should, with the support of the Board, identify Strategic Projects in the Union that intend to become active in the extraction, processing, stockpiling or recycling of strategic raw materials. Effective support to Strategic Projects has the potential to improve access to materials for downstream sectors as well as to create economic opportunities along the value chain, including for SMEs, and contribute to the creation of employment and prevent financial speculation in strategic and critical raw materials where possible. Therefore, to ensure the development of Strategic Projects across the Union, such projects should benefit from streamlined and predictable permitting procedures and support in gaining access to finance. In order to focus support and ensure their added value, projects should, before receiving such support, be assessed against a set of criteria. Strategic Projects in the Union should strengthen the Union's security of supply for strategic, critical and essential raw materials, show sufficient technical feasibility and be implemented in an environmentally and socially sustainable manner. They, especially respecting labour rights of workers involved and the rights of the local populations. These Strategic Projects should also provide cross- border benefits beyond the Member State concerned. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision. As a speedy recognition is key to effectively supporting the Union's security of supply, the assessment process should remain light and not overly burdensome.
Amendment 79 #
2023/0079(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to diversify the Union's supply of strategic raw materials, the Commission should, with the support of the Board, identify Strategic Projects in third countries that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they should benefit from improved access to finance. In order to ensure their added value, projects should be assessed against a set of criteria. Like projects in the Union, Strategic Projects in third countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably, with the upmost respect towards human rights. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved and add value in that country, taking into account also its consistency with the Union’s common commercial policy. Such value may be derived from the project’s contribution to more than one stage of the value chain as well as from creating through the project wider economic and social benefits, including the creation of employment in compliance with international standards. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 87 #
2023/0079(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Land use conflicts can create barriers to the deployment of critical raw material projects. Well-designed plans, including spatial plans and zoning, that take into account the potential for implementing critical raw material projects and whose potential environmental and social impacts are assessed, have the potential to help balance public goods and interests, decreasing the risk of conflict and accelerating the sustainable deployment of raw materials projects in the Union. Responsible national, regional and local authorities should therefore consider including provisions for raw materials projects when developing relevant plans.
Amendment 92 #
2023/0079(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Strategic stocks are an important tool to mitigate supply disruptions, notably for raw materials. Although the proposed Single Market Emergency Instrument allows for the possible development of such stocks in the event of the activation of the Single Market vigilance mode, Member States and companies do not have obligations to build up or coordinate their strategic stocks ahead of a supply disruption. In addition, there is no coordination mechanism across the European Union that allows for the development of a common assessment and of an analysis of potential overlaps and synergies. Therefore, as a first step, and taking account of the present lack of relevant information, Member States should provide to the Commission information about their strategic stocks, whether they are operated by public authorities or by economic operators on the behalf of the Member States. Such information should include the level of stock available per strategic raw material, the outlook of stock levels, and the rules and procedures applicable to these stocks. Any request should be proportionate, have regard for the cost and effort required to make the data available as well as for its impact on national security, and set out appropriate time limits for providing the requested information. Information on the stocks of economic operators may be added to the analysis, albeit this does not constitute a request for information on them. The Commission should handle the data in a secure manner, and only publish information on an aggregate level. As a second step, based on the information acquired, the Commission should develop a draft benchmark for what should be considered a safe level of Union stocks, taking into account the total annual Union consumption of the concerned strategic raw materials. Based on a comparison between existing stocks and the overall levels of strategic stocks for strategic raw materials across the Union, the Board, acting in agreement with the Commission, should then be able to issue non-binding opinions to Member States on how to increase convergences and to encourage them in building up their strategies stocks. In doing so, the Board should consider the need to maintain incentives for the development of strategic stocks by private operators using strategic raw materials.
Amendment 96 #
2023/0079(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Many markets for strategic raw materials are not fully transparent and are concentrated on the supply side, which increases the negotiating power of sellers, disregards circularity and increases prices for buyers. To help lower prices for undertaking established in the Union, the Commission should set up a system that is able to aggregate the demand of interested buyers. In developing such a system, the Commission should take into account experience gained in similar endeavours, in particular regarding the joint purchasing of gas as established under Council Regulation 2022/257644 . Member State authorities should also be able to participate in this system in order to build up their strategic stocks. All measures under this mechanism should be compatible with Union competition law. _________________ 44 Council Regulation (EU) 2022/2576 of 19 December 2022 enhancing solidarity through better coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders (OJ 335, 29.12.2022, p. 1-35)
Amendment 110 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union recycling and overall circularity capacity, including for all intermediate recycling steps, is able to produce at least 1520 20% of the Union's annual consumption of strategic raw materials. The Commission shall assess this threshold in order to increase five years after the entry into force of this Regulation.
Amendment 121 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) reduce the overall consumption of raw materials, to reduce EU’s material footprint;
Amendment 122 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d b (new)
Article 1 – paragraph 2 – point d b (new)
(db) ensure that strategic and critical raw materials are extracted, processed and distributed following the highest standards of human rights and environmentally sustainable procedures.
Amendment 129 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. The Commission shall take into account the objectives and benchmarks laid down in paragraph 2, point e, as related Union priorities within the Directive on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 and the Regulation on prohibiting products made with forced labour on the Union market, when preparing requirements to improve the following product aspects: respect of human rights of the workers involved in mining, extraction, processing, refining, distribution, transport, collection, recycling, and recovery of materials.
Amendment 132 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) ‘essential raw materials’ means the raw materials not listed in Article 4, point 4a;
Amendment 133 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘raw materials value chain’ means all activities and processes involved in the exploration, extraction, processing, transportation, stockpiling and recycling of raw materials;
Amendment 134 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
(12a) ‘transportation’ means the transportation of raw materials from one point to another for the means defined in points 5, 6, 9, 11, 21, 22, 33, 34, 35 of this Article;
Amendment 135 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12 b (new)
Article 2 – paragraph 1 – point 12 b (new)
(12b) ‘stockpiling’ in this Regulation means the strategic accumulation of the strategic, critical, and essential raw materials established in the Annexes of this Regulation and subsequent delegated and implementing acts throughout the territory of the Union with the objective to ensure 60 days of domestic consumption of imports in case of sudden or severe disruptions in the dedicated supply chains;
Amendment 152 #
2023/0079(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Commission shall, by means of a delegated regulation, make a list of essential raw materials, including all those raw materials not listed in Annex II of this Regulation but of key economic relevance for the Union.
Amendment 159 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights, quality jobs potential and meaningful engagement with local and indigenous communities and relevant social partners, and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration and the rule of law, including corruption and bribery;
Amendment 160 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) the project would implement circularity procedures within its supply chain;
Amendment 161 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) for projects in the Union, the establishment, operation or production of the project would have cross-border benefits beyond the Member State concerned and inclusion of different small and medium-size enterprises, including for downstream sectors;
Amendment 168 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding value and respecting the highest environmental and human rights standards in that country.
Amendment 171 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) for projects that include several steps of the raw materials’ value chain, especially, but not only, recycling and circularity, building critical infrastructure;
Amendment 175 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a plan containing measures to facilitate public acceptance and public participation including, where appropriate, the establishment of recurrent communication channels with and participation with the local communities and organisations, including social partners, the implementation of awareness- raising and information campaigns and the establishment of mitigation and compensation mechanisms;
Amendment 177 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) a business plan evaluating the financial viability of the project and guaranteeing all the steps within the value chain, the respect to human rights, labour rights and environmental standards within the project;
Amendment 190 #
2023/0079(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Strategic Projects shall be considered to contribute to the security of supply and the sustainable production of strategic raw materials in the Union.
Amendment 197 #
2023/0079(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Board may request additional information from project promoters relevant to the implementation of the Strategic Project at any moment, especially regarding social and environmental impacts.
Amendment 200 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP please insert: 3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authorityies which shall be responsible for facilitating and coordinating the permit-granting process for critical raw material projects and provide information on the elements referred to in Article 17. In the case of Member States where most permits are granted at local or regional level, the permits shall continue being granted in this manner.
Amendment 204 #
2023/0079(COD)
2. The national competent authority referred to in paragraph 1 shall be the sole point of contact for the project promoter in the permit granting process leading to a comprehensive decision for a given critical raw material project and shall coordinate the submission of all relevant documents and information.
Amendment 206 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The responsibilities of the national competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, for each critical raw material projects, provided that:
Amendment 208 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the national competent authority referred to in paragraph 1 notifies the project promoter of that delegation;
Amendment 210 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The national competent authority referred to in paragraph 1 shall take into consideration any valid studies conducted and permits or authorisations issued for a given critical raw material project before the project entered the permit granting process in accordance with this Article, and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 212 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The national competent authority referred to in paragraph 1 shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit granting process and the issuance of permits for critical raw materials projects, including, where applicable, alternative dispute resolution mechanisms.
Amendment 214 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Member States shall ensure that the national competent authority referred to in paragraph 1 has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation.
Amendment 215 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 8 – point a
Article 8 – paragraph 8 – point a
(a) periodically discuss the implementation of this Section and share lessons-learned and best-practices for speeding up permitting procedure for critical raw material projects as well as to improve their public acceptance;
Amendment 221 #
2023/0079(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Environmental and human rights assessments and authorisations
Amendment 223 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Where an environmental impact assessment must be carried out for a Strategic Project in accordance with Articles 5 to 9 of Directive 2011/92/EU, the relevant project promoter shall request an opinion to the national competent authority referred to in Article 8(1) on the scope and level of detail of the information to be included in the environmental and human rights impact assessment report under Article 5(1) of that Directive.
Amendment 225 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The national competent authority referred to in Article 8(1) shall ensure that the opinion referred to in the first subparagraph is issued as soon as possible and within a period of time not exceeding 30 days from the date on which the project promoter submitted its request.
Amendment 227 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
In the case of Strategic Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Council Directive 92/43/EEC, Directives 2000/60/EC, 2008/98/EC, 2009/147/EC 2010/75/EU, 2011/92/EU or 2012/18/EU of the European Parliament and the Council, the national competent authority referred to in Article 8(1) shall ensure that a coordinated or a joint procedure fulfilling the requirements of that Union legislation is applied.
Amendment 229 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Under the coordinated procedure referred to in the first subparagraph, the national competent authority referred to in Article 8(1) shall coordinate the various individual assessments of the environmental and human rights impact of a particular project required by the relevant Union legislation.
Amendment 231 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
Under the joint procedure referred to in the first subparagraph, the national competent authority referred to in Article 8(1) shall provide for a single assessment of the environmental and human rights impact of a particular project required by the relevant Union legislation.
Amendment 233 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The national competent authority referred to in Article 8(1) shall ensure that the authorities concerned issue the reasoned conclusion referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental and human rights impact assessment of a Strategic Project within three months of receiving all necessary information gathered pursuant to Articles 5, 6 and 7 of that Directive and completing the consultations referred to in Articles 6 and 7 of that Directive.
Amendment 234 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The time-frame for consulting the public concerned on the environmental impact assessment and human rights report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 90 days in the case of Strategic Projects.
Amendment 247 #
2023/0079(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point b a (new)
Article 16 – paragraph 2 – point b a (new)
(ba) the respect for human rights of all workers involved, regardless of their nationality;
Amendment 248 #
2023/0079(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point b b (new)
Article 16 – paragraph 2 – point b b (new)
(bb) the respect for indigenous communities and inhabitants living on or nearby the extraction sites;
Amendment 249 #
2023/0079(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) funding possibilities at Union or Member State and regional level;
Amendment 250 #
2023/0079(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d a (new)
Article 17 – paragraph 1 – point d a (new)
(da) human rights and environment due diligence policy and reporting.
Amendment 252 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each Member State shall draw up a national programmes for general exploration targeted at critical raw materials. Each Member State shall draw up the first such programme by [OP please insert: 1 year after the date of entry into force of this Regulation]. The national programmes shall be reviewed and, if necessary, updated, at least every 5 years.
Amendment 253 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The national exploration programmes referred to in paragraph 1 shall include measures to increase available information on the Union’s critical raw material occurrences, including deep ore deposits. They shall include, as appropriate, the following measures:
Amendment 254 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point e a (new)
Article 18 – paragraph 2 – point e a (new)
(ea) respect for the environment and for local communities.
Amendment 255 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall communicate to the Commission their national programmes referred to in paragraph 1.
Amendment 256 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall, as part of the report referred to in Article 43, provide information on progress in the implementation of the measures included in their national programmes.
Amendment 260 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available on a free access website. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 261 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 6 – introductory part
Article 18 – paragraph 6 – introductory part
6. Taking into consideration existing cooperation on general exploration, the standing sub-group referred to in Article 35(6), point (b) shall discuss the national programmes referred to in paragraph 1 and their implementation, including at least:
Amendment 290 #
2023/0079(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point b a (new)
Article 23 – paragraph 2 – point b a (new)
(ba) a report proofing lack of forced labour of the workers involved in mining, extraction, processing, refining, distribution, transport, collection, recycling, and recovery of materials;
Amendment 292 #
2023/0079(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point b b (new)
Article 23 – paragraph 2 – point b b (new)
(bb) a review of the environmental associated impacts of the supply chain.
Amendment 293 #
2023/0079(COD)
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. The Commission shall adopt an implementing act to establish guidelines and templates for these companies in order for them to comply with this Article.
Amendment 294 #
2023/0079(COD)
1a. Joint purchasing initiatives shall pay a special attention to European SMEs, ensuring that they access strategic, critical and essential raw materials and avoiding concentration in a limited number of buyers.
Amendment 298 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Each Member State shall by [OP please insert: 3 years after the date of entry into force of this Regulation] adopt and implement national programmes containing measures designed to:
Amendment 300 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point -a (new)
Article 25 – paragraph 1 – point -a (new)
(-a) reduce their material footprint;
Amendment 311 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) ensure that all territories develop critical infrastructures at local, regional and national level meant for the recycling of raw materials.
Amendment 314 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Each Member State shall by [OP please insert: 4 years after the date of entry into force of this Regulation] adopt and implement measures to promote the recovery of critical raw materials from extractive waste, in particular from closed waste facilities identified in the database created in accordance with Article 26 as containing potentially economically recoverable critical raw materials.
Amendment 371 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework and its implementation ensures the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communities, the use of transparent business practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 375 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii a (new)
Article 33 – paragraph 1 – point c – point iii a (new)
(iiia) whether the strategic partnership shall build critical infrastructure for the safe and sustainable extraction and processing, the collection and recycling, and waste management of raw materials in third countries, especially in emerging markets and developing countries;
Amendment 399 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Board shall be composed of Member States, and the Commission and representatives from the industry and the specialised civil society, including a representation of local communities. It shall be chaired by the Commission.
Amendment 406 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 1
Article 35 – paragraph 6 – subparagraph 1
The Board may establish standing or temporary sub-groups to deal with specific questions and tasks, following the experience of the Domestic Advisory Groups that assess trade policy and agreements.
Amendment 408 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point a
Article 35 – paragraph 6 – subparagraph 2 – point a
(a) a subgroup to discuss and coordinate financing for Strategic Projects pursuant to Article 15; representatives of national promotional banks and institutions, the European development financial institutions, the European Investment Bank Group, other international financial institutions including the European Bank for Reconstruction and Development and, as appropriate, private financial institutions shall be invited as observers;
Amendment 409 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point b
Article 35 – paragraph 6 – subparagraph 2 – point b
(b) a subgroup bringing together national geological institutes or surveys or, in the absence of such institute or survey, the relevant national authorityauthorities in the Member State in charge of general exploration, with the purpose of contributing to the coordination of national exploration programmes referred to in Article 18;
Amendment 410 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point c
Article 35 – paragraph 6 – subparagraph 2 – point c
(c) a subgroup bringing together national supply and information agencies covering critical, strategic and essential raw materials or, in the absence of such agency, the relevant national authorityauthorities of the Member States in charge of that matter, with the purpose of contributing to the monitoring tasks as set out in Article 19;
Amendment 411 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d
Article 35 – paragraph 6 – subparagraph 2 – point d
(d) a subgroup bringing together national emergency agency and nationalies of the Member States and authorities responsible for strategic stocks or, in the absence of such agency and authority, the relevant national authority in charge of that matter, with the purpose of contributing to the coordination of strategic stocks as set out in Article 22.
Amendment 412 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
(da) a subgroup evaluating the administration procedures of Member States, regions and other levels of the public administration that grant permits, in order to, inter alia but not only, establish good administrative practices and guidelines on how to minimise the administrative burden, or how to digitise administrative procedures;
Amendment 416 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d b (new)
Article 35 – paragraph 6 – subparagraph 2 – point d b (new)
(db) a subgroup bringing together representatives of specialised small- and medium-size enterprises in order to, inter alia, evaluate the situation of the markets and supply chains, ensure that projects in the Union are made by European companies, and prevent financial speculation by larger corporations.
Amendment 424 #
2023/0079(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The power to adopt delegated acts referred to in Article 3(2), Article 4(2), Article 5(2) and (4a), Article 27(12), Article 28(2) and Article 30(1) and (5) shall be conferred on the Commission for a period of eight years from [OP please insert: one month after the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six- year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 426 #
2023/0079(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The delegation of power referred to in Article 3(2), Article 4(2), Article 5(2) and (4a), Article 27(12), Article 28(2) and Article 30(1) and (5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 428 #
2023/0079(COD)
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. A delegated act adopted pursuant to Article 3(2), Article 4(2), Article 5(2) and (4a), Article 27(12), Article 28(2) and Article 30(1) and (5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 3 #
2022/2195(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the successful completion of negotiations on the EU- Uzbekistan Enhanced Partnership and Cooperation Agreement and notes that it is especially the Commission who expects that this agreement will contribute to Uzbekistan integrating further into the multilateral trading system, strengthen market economy mechanisms and increase foreign investors’ confidence; believes the, regardless of Uzbekistan's government clear lack of democratic principles, values, policies, and system; distrusts therefore the fact that this Agreement willcan ensure a better regulatory environment for economic operators in areas such as goods and services trade, state-owned enterprises, procurement, and intellectual property rights;
Amendment 4 #
2022/2195(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Deplores that the Chapter Trade and Sustainable Development of the agreement falls short in a key number of environmental and democratic issues, inter alia the involvement of Uzbekistan's minorities (e.g., Karakalpakstan, the Tagik minority, the Kyrgiz minority) in trade policy, the disappearance of the Aral Sea due to the movement of the waters of the Amur Darya and Syr Darya great rivers, or the sporadic violence in the Fergana Valley between Uzbekistan and its closest neighbours;
Amendment 6 #
2022/2195(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the need to add dispositions that emphasise the need to ensure that the benefits of this EPCA are shared equitably among all segments of Uzbekistan's society, including vulnerable and marginalized groups; stresses the need to also add dispositions that ensure that the extraction and export of CRMs from Uzbekistan is done in an environmentally sustainable and socially responsible manner, and therefore calls for measures to address any negative impacts of such activities on local communities and ecosystems;
Amendment 13 #
2022/2195(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that Uzbekistan also plays a crucial role in regional security and economic stability; but deplores its moderate stance in criticising Russia for its illegal invasion of Ukraine and the consequent war; notes that Uzbekistan's political system is not a democratic system, but an authoritarian regime, as assessed by the world's most relevant democracy indexes, which establish the country within the ten most authoritarian of the globe;
Amendment 20 #
2022/2195(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates the importance of Uzbekistan’s membership of the Generalised Scheme of Preferences Plus, which contributes to economic growth and yields very positive results (exports to the EU increased by 34 % in 2021); reminds that the the GSP Regulation provides for withdrawal of preferences in case of non- compliance with the GSP conditionalities, including the implementation of the relevant conventions; urges the Commission to closely monitor Uzbekistan and encourage it to further progress on issues such as Freedom of religion or belief (FoRB) or the review of its Criminal Code;
Amendment 25 #
2022/2195(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that Uzbekistan can play an important role in exporting precious metals to Europthe overture from the Union towards Uzbekistan is meant to give the former a foothold on the latter's critical raw materials (CRMs) resources, notably , but not only, titanium, iron ore, zinc, rare earth elements (REEs), and graphite, which are also needed for the EU’s green transition; notes that China and Russia are the main importers of Uzbekistan's CRMs;
Amendment 30 #
2022/2195(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that owing to the lack of direct access to seaports, developing infrastructure and logistics corridors, in particular the Trans-Caspian International Transport Route, is crucially important for trade and for connecting Uzbekistan with the markets of potential trading partners; calls the Commission to support Uzbekistan in developing sustainable transport infrastructure that minimises its environmental impact and maximises its contribution to regional connectivity and trade;
Amendment 17 #
2022/2051(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for the introduction of a provision for the Union’s ratification of the Council of Europe's Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities1a; _________________ 1a COFOE Conclusions 48.
Amendment 21 #
2022/2051(INL)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls for the introduction of a legal basis to adopt legislation on the rights of people belonging to minorities2a; _________________ 2a COFOE Conclusions 48.
Amendment 8 #
2022/2040(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the recent external shocks caused by violent conflicts, pandemics and arbitrary disruptions of supply chains have tested the resilience of economies worldwide; whereas the EU’s economy has shown itself to be highly dependent on 137 products, in particular those related to energy and raw materials, some products for agricultural production such as fertilisers, medicines and health products, cutting-edge and cloud technologies, batteries and semiconductors;
Amendment 9 #
2022/2040(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 14 #
2022/2040(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas container loss seems to be growing more common because of several causes, namely climate change (storms and high winds are growing both more frequent and more intense as the climate becomes more volatile), a trend towards ever-larger containerships, which has compromised the steering of the vessel and the security of the containers (in both cases because the high stacks on deck catch the wind), while simultaneously rendering those ships vulnerable to parametric rolling, a rare phenomenon that places extreme stress on the containers and the systems meant to secure them; whereas the steep rise in demand for goods during the COVID lockdown months meant that ships that once travelled at partial capacity now set off fully loaded and crews are pressured to adhere to strict timetables, even if doing so requires ignoring problems on board or sailing through storms instead of around them; whereas shipping containers themselves are in short supply, both because of the increase in demand and because many of them are stuck in the wrong ports owing to earlier shutdowns, and so older containers with aging locking mechanisms have remained in or been returned to circulation risk of human error has gone up during the pandemic as working conditions on container ships, already suboptimal, have further declined, particularly as crew members have sometimes been stuck for weeks or months on a ship in port or at anchor, stranded indefinitely in a worldwide maritime traffic jam;
Amendment 16 #
2022/2040(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas the Union has 42 preferential trade agreements in place with 74 partners all over the world; whereas these trade agreements also take into account interconnected supply chains between the trade partners and the Union yet they lack a standard approach on how to monitor, implement and enforce their security and reliability; whereas a system of efficient customs are an integral part for resilient supply chains;
Amendment 18 #
2022/2040(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the World Trade Organization (WTO) should bring a higher level of transparency to trade and trade- related measures for its members, as divisions risk undermining the maintenance and openness of global supply chains; whereas the WTO and the International Maritime Organisation (IMO) have to strengthen their collaboration in preventing container loss and disruption of feeder ships routes;
Amendment 25 #
2022/2040(INI)
Motion for a resolution
Recital C
Recital C
C. whereas large increases in commodity prices, higher prices around the globe and a troublesome spike in inflation are expected to further challenge global supply chains; whereas Union legislative action to address existing and potential structural deficiencies in several delicate industries, sectors and supply chains has been implemented by both the Commission and the co-legislators;
Amendment 28 #
2022/2040(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU is strategically dependent on external sources of energy, a situation that is undermining the EU’s economic resilience and strategic autonomy; whereas skyrocketing energy prices are a serious threat to the EU’s production and may put further pressure on many supply chains that have already faced disruption; whereas this dangerous situation puts European companies, especially SMEs, under high stress; whereas the Union, Member States and regions have been taking legislation action with several stakeholders in order to ease this situation;
Amendment 33 #
2022/2040(INI)
Motion for a resolution
Recital E
Recital E
E. whereas even though the EU must gain more strategic independence in different fields, including agricultural products, critical raw materials, semiconductors, medicines and health products, this independence has not yet been achieved; whereas the Global Gateways, especially the one dedicated to Africa, may pose opportunities to ease this; whereas the Union has been building programmes aimed at strengthening supply chains with trade partners, such as the programme 'Responsible Supply Chains in Asia', implemented in China, Japan, Myanmar, Thailand, Philippines and Vietnam, in order to further sustainable and inclusive economic, social and environmental progress by integrating responsible business practices into the operations of multinational companies and their supply chains;
Amendment 40 #
2022/2040(INI)
Motion for a resolution
Recital F
Recital F
F. whereas small and medium-sized enterprises (SMEs) account for 99 % of all EU businesses, 65 % of all EU jobs and more than 50 % of the EU’s economic output from the non-financial sector; whereas the sudden increase in energy prices creates a bullwhip effect throughout the whole value chain, jeopardising both the chain and those SMEs linked to it; whereas this situation may end up in further increases of labour costs and other general costs, which eventually may also lead to lay-offs and legitimate social unrest; whereas the Union, with the Green Deal, has made efforts to stop short-terminism and establish a long-term approach to create new markets and new opportunities for European SMEs, especially in terms of circular economy, renewable energy, or other green and digital sectors;
Amendment 44 #
2022/2040(INI)
Motion for a resolution
Recital G
Recital G
G. whereas in order to increase the resilience of its supply chains, the EU should implement a combination of different commodity-based solutions, including boosting existing EU production, reshoring and nearshoring, promoting and/or strengthening specific and preferential deals with like-minded partners, stockpiling, promoting the circular economy, and diversifying suppliers through strategic free trade agreements (FTAs), sectoral partnerships and alliances, and trade and technology councils; whereas the Union has the opportunity to further strengthen its implementing and enforcement actions of FTAs;
Amendment 49 #
2022/2040(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas cold chain management is the management of all phases of the cold chain, including products in transit, in process, in storage, and in display; whereas temperature-sensitive products rely on cold chain management for product efficacy, product safety, and adherence to relevant regulatory requirements; whereas products requiring cold chain solutions include pharmaceuticals, vaccines, biologics, lab samples, diagnostic materials, chemicals, food, and beverages; whereas cold chain monitoring should be of the utmost importance for the Commission's implementation and enforcement of FTAs and other economic partnerships, both to the benefit of the Union and of its partners, especially developing countries;
Amendment 55 #
2022/2040(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that it is crucial to respond to the possible negative consequences of any external shocks with a coordinated approach at national and EU, regional, local and Union level;
Amendment 70 #
2022/2040(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Urges the Commission to accelerate the Farm to Fork strategy in order to help diversify the agriculture sector; stresses that small and family farms are also integral parts of the European food chain or the agricultural supply chains, as well as a relevant stakeholder for the preservation of nature and biodiversity;
Amendment 72 #
2022/2040(INI)
3 b. Considers that FTAs and other economic partnerships with third countries should take into account the different European regional food systems, with regions where small farms dominate and their contribution to regional food production in comparison to other scales of farming is the highest, and related to the types of products and production systems with clearly visible patterns in terms of the roles of small farms within the regions; calls on the Commission, the Member States, and the regions to incentivise these small farms in order to improve their link into agricultural supply chains;
Amendment 74 #
2022/2040(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Recalls that Union law bans 16 unfair trading practices in the agricultural markets and that an evaluation of the law at Union level is due by end of 2025; urges the Commission to accelerate this evaluation and make before the end of 2023;
Amendment 76 #
2022/2040(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
Amendment 83 #
2022/2040(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges the Commission to strengthen specific and key alliances with like-minded partners, especially those with a sound Rule of Law and democratic system in place;
Amendment 86 #
2022/2040(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Urges the Commission to develop the Union's market for recycled products in order to create a market of recycled raw materials;
Amendment 88 #
2022/2040(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Considers that the upcoming FTAs with Australia, Chile or Mercosur are opportunities to diversify the sources of raw materials for the Union;
Amendment 99 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges the Commission, the Member States and regions to assist in obtaining semiconductor materials from primary and secondary sources, and to assist in the development of recycled semiconductors;
Amendment 100 #
2022/2040(INI)
5 b. Stresses that the future labels for first-of-a-kind facilities should be able to source primary and secondary raw materials, hence leading towards the development of recycled semiconductors; recalls that the manufacturing process of semiconductors requires large amounts of Ultrapure Water (UPW) and energy, and in order to enable the green transition, the Integrated Production Facilities and Open EU Foundries foreseen by the proposed Chips Act should commit with their energy supplier to expand its renewable energy production by the same amount of the total energy employed by the undertaking, including the energy used to treat the wastewater and produce UPW;
Amendment 104 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 106 #
Amendment 108 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Is committed to the legislative procedures of both the proposal for a directive on a Corporate Sustainability Due Diligence (CSDDD) and the proposal for a regulation on prohibiting products made with forced labour on the Union market (Forced Labour Regulation); considers that both legislative files should be complementary and that in due time the CSDDD should transition into a regulation;
Amendment 109 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Considers that the CSDDD should acknowledge the 'One Health' approach as an integrated and unifying approach that aims to sustainably balance and optimise the health of people, animals and ecosystems, recognises that the health of humans,domestic and wild animals, plants, and the wider environment, including ecosystems, are closely interlinked and inter-dependent, and therefore the CSDDD should take into account the key role of the health sector in climate adaptation, and commit to making our health systems environmentally sustainable,climate- neutral and resilient at the latest by 2050;
Amendment 110 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Urges the Commission and the Member States to regard due diligence obligations as an ongoing and dynamic process instead of a ‘box-ticking exercise’ and due diligence strategies should therefore be in line with the dynamic nature of adverse impacts; considers that those strategies should cover every actual or potential adverse impact on human rights, animal welfare, the environment or good governance, although the severity and likelihood of the adverse impact, the company's ability to address the adverse impact, and the company's direct contribution to the cause of the adverse impact should be considered in the context of a prioritisation policy, if the company is unableto address all identified adverse impacts at the same time; urges, in this regard, the Commission, the Member States, and the regions to take into account the needs of SMEs when it comes to supply chain due diligence;
Amendment 111 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Urges the Commission to accelerate the Global Gateways, especially the one dedicated to Africa, and to use the the expertise of programmes such as 'Responsible Supply Chains in Asia', in order to further sustainable and inclusive economic, social and environmental progress with the Union's trade partners;
Amendment 112 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. .Urges the Commission to accelerate the Global Gateways, especially the one dedicated to Africa, and to use the the expertise of programmes such as 'Responsible Supply Chains in Asia', in order to further sustainable and inclusive economic, social and environmental progress with the Union's trade partners;
Amendment 3 #
2022/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the EU industrial strategy must be implemented in a coherent and coordinated way, following ambitious objectives to strengthen European supply chains; stresses that free trade and open markets which respect international law, as well as working with cooperative partners, will reinforce the EU’s industrial base; considers that the EU should become more self-reliant on industrial goods
Amendment 10 #
2022/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that SMEs are the foundation of the EU; emphasises that the twin transition needs the involvement of European industry; underlines the need to fully support SMEs in the twin transition by providing them with easier access to finance, less bureaucratic barriers, stronger incentives to scale up and diversify;
Amendment 20 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned that both the current and the proposed EU legislation envisages too many bureaucratic hurdles for EU businesses; calls on the Commission to fully implement the principles of better regulation and ‘think small first’ in order to deploy the whole potential of European companies, especially SMEs;
Amendment 40 #
2022/2008(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for further negotiations to secure future-oriented trade agreements and to continue with the reform of the World Trade Organization; points out that trade and access to third markets are crucial in supporting the EU’s economic recovery and resilience, with the aim of strengthening the EU’s autonomy, diversifying its supply chains and guaranteeing its independence from any single producer; is concerned by the current multiple supply chain crises accumulated due to COVID-related policies in third countries such as China or the Russian invasion of Ukraine;
Amendment 60 #
2022/2008(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to step up its efforts to secure the necessary energy supply for European industry through diversifying energy sources and suppliers, especially building upon links with like- minded partners, and reducing the EU’s energy dependencies.
Amendment 63 #
2022/2008(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Urges the Commission to prepare supply chain agreements together with initiating a global circular economy alliance with like-minded partners in order to further incentivise Union partners to diversify their economies and go along the Union's ambitious goals set by its Regulation (EU) 2021/1119 of the European Parliament and of the Council establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’)('European Climate Law');
Amendment 67 #
2022/2008(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Considers that future free trade agreements (FTA) or any economic partnership agreement (EPA) or any economic cooperation agreement of the Union with third countries or other regional associations should include a circular economy chapter as well as dispositions on rare earths in order to lessen the carbon dependency of both the Union and its partners; considers that any revision of existing trade or economic agreements should take into account the aforementioned circular economy and rare earths dispositions; urges the Commission to propose a European Rare Earths Act to establish the Union's standards of use, extraction, trade and recycle of rare earths;
Amendment 129 #
2022/0277(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Private media companies must ensure that a minimum percentage of their programming guarantee the use regional languages of the Member States where they operate. Member States and regional governments with competences and powers on these matters must establish guidelines for the use of regional languages in media programming and provide support for the development of these languages.
Amendment 150 #
2022/0277(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The definition of audience measurement should cover measurement systems developed as agreed by industry standards within self-regulatory organisations, like the Joint Industry Committees, and measurement systems developed outside such self-regulatory approaches. The latter tend to be deployed by certain online players who self-measure or provide their proprietary audience measurement systems to the market, which do not necessarily abide by the commonly agreed industry standards. Systems developed outside of commonly agreed industry standards should be considered proprietary audience measurement systems. Given the significant impact that such audience measurement systems have on the advertising and media markets, they should be covered by this Regulation. Media service providers which abide by the commonly agreed industry standards shall not be considered as providers of proprietary audience measurement systems.
Amendment 176 #
2022/0277(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Audiovisual and audio media services of general interest that play an important role in the opinion-forming of the public have become more difficult to discover and find in the digital age as commercial objectives determine which media services are offered prominently to recipients. In view of the abundance of information and the increasing use of digital means to access the media, it is key that Member States take effective measures to ensure the appropriate prominence of audiovisual and audio media services of general interest under defined general interest objectives such as media pluralism, freedom of speech, access to reliable information, social cohesion and cultural diversity. To effectively realise these general interest objectives, a Member State should tailor prominence measures to its specific national context and media market. When imposing obligations, a Member State should be free to regulate device manufacturers and providers of user interfaces controlling or managing access to and use of media services in their jurisdiction irrespective of their place of establishment. A Member State should identify the services that are considered as general interest in its jurisdiction in a transparent and objective manner. In order to be effective, audiovisual and audio media services of general interest should be prominently placed at the first selection level on these devices or user interfaces and should be accessible through a single action by the user, including clicking or scrolling. General interest audiovisual and audio media services should be made prominent in their entirety. Disaggregated content of general interest services should be prioritised on user interfaces where only individual content items are selectable.
Amendment 179 #
2022/0277(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Public service media established by the Member States and Regional Governments play a particular role in the internal media market, by ensuring that citizens and businesses have access to universal and varied offers including quality information, and balanced and impartial media coverage, as part of their missionremit. They provide a forum for public discussion and a means of promoting broader democratic participation of individuals. That is why, media pluralism can only be guaranteed by a proper political balance in the content of public service media. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. which may expose them to additional vulnerabilities compared to other players in the internal media market to the extent that they threaten their very existence. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. Furthermore, in the absence of harmonised minimum standards, Member States have taken divergent measures that resulted in the fragmentation of the internal media market. This fragmentation may create legal uncertainty and an unfair level playing- field deterring private media services providers from entering the market. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, tohat Member States put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their missionremit that enables predictability in their planning. Preferably, such funding should be decided and appropriated and allows them to maintain a competitive position on the internal media market. Such funding should be decided and appropriated on the basis of predictable, transparent, independent, impartial and non-discriminatory procedures, on a multi- year basis, in line with the public service missionremit of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States tobudget negotiations. Media companies must publicly disclose the percentage of their revenue that comes from state aid. At the same time, Member States must establish a mechanism to ensure that state aid is distributed fairly among different media outlets. The absence of harmonisation in what concerns the allocation of finances to public service media providers may create an unfair advantage for certain players in the internal media market, including advertisers and thus produce significant distortions to the internal media market. The transparency requirements under this Regulation for the appointment procedures for public service media’s heads of management and members of governing bodies do not require the disclosure of the candidates’ identity. The requirements laid down in this Regulation do not affect the application of the State aid rules as applied on a case-by- case basis or the competence of Member States and Regional Governments to define a broad and dynamic remit, organise and provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Amendment 224 #
2022/0277(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a consistent regulatory practice regardingn effective application of this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this fieldSuch guidelines should respect the Member States’ as well as Regional Governments’ competences in cultural matters with a view to promoting media pluralism, be principle-based and be without effect to existing national prominence measures. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 244 #
2022/0277(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory or self- regulatory requirements they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour tosubmit the statement of reasons prior to the restriction taking effect without prejudice to their obligations under in accordance with Article 4(1) of Regulation (EU) 2019/1150 and Article 17(3) of Regulation (EU) 2022/XXX2065 [the Digital Services Act] and grant the affected media service a right to reply to this statement of reasons prior to the suspension or restriction taking effect. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX2065 [the Digital Services Act]. _________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 250 #
2022/0277(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Media companies must give equal prominence to corrections related to proven fake news, occupying at least half of the physical space and time devoted to disseminating the fake news in question. Member States must establish legal mechanisms to enable swift correction of fake news and prevent its further dissemination.
Amendment 262 #
2022/0277(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) Recipients of media services increasingly face difficulties in identifying who bears the editorial responsibility for the content or services they consume, in particular when they access media services through connected devices or online platforms. Failure to clearly indicate editorial responsibility for media content or services (e.g., through incorrect attribution of logos, trademarks, or other characteristic traits) deprives recipients of media services of the possibility to understand and assess the information they receive, which is a prerequisite for forming well-informed opinions and consequently to actively participate in democracy. Recipients of media services should therefore be enabled to easily identify the media service provider bearing the editorial responsibility over any given media service on all devices and user interfaces controlling or managing access to and use of media services.
Amendment 273 #
2022/0277(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure assessment of media market concentrations that could have a significant impact on media pluralism or editorial independenceMoreover, providers of very large online platforms and of very large online search engines play a significant role in the access to information and in the presentation of this information to the consumers. Concentration of ownership of the media system can create an environment favouring the monopolisation of the advertising market, introduce barriers to the entry of new market players and also lead to uniformity of media content. Media ownership concentration must be limited to prevent a single entity from owning a disproportionate share of the market. Media companies must publicly disclose their ownership structure and any changes in ownership. This is why Member States should provide for rules and procedures in their legal systems to ensure assessment of media market concentrations that could have a significant impact on media pluralism or editorial independence, in its entirety, including the providers of very large online platforms and very large online search engines, as well as public service media. National governments must establish an independent regulatory body to oversee media ownership and prevent monopolies. Such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non- discriminatory. Media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion in a given media market, including by means of carrying content provided by media service providers or by controlling access and visibility to such content, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration. Therefore, taking such measures is essential, in order to guarantee access, competition and quality and avoid conflicts of interests between media ownership concentration and political power, which are detrimental to free competition, a level playing field and pluralism.
Amendment 291 #
2022/0277(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In order to enhance the verifiability, comparability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period. The obligations imposed under this Regulation are without prejudice toIn addition, media service providers should obtain, free of cost, data about the audiences of their content and services. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation) as well as any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX1925 [Digital Markets Act], including those concerning ranking or self- preferencing.
Amendment 297 #
2022/0277(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, cantogether with media service providers, their representative organisations and any other interested parties contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry with the support of national regulatory authorities or bodies to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providers, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
Amendment 335 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media content and services for the purposes of decisions regarding advertising allocation or prices or the related planning, production or distribution of content;
Amendment 417 #
2022/0277(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article4a Prominence for audiovisual and audio media services of general interest Member States shall take measures to ensure the appropriate prominence of audiovisual and audio media services of general interest. This Regulation, Directives 2010/13/EU and 2000/31/EC and Regulation (EU) 2022/2065 shall not affect the competence of Member States or Regional Governments and shall be without effect to existing prominence measures. References to Article 7a of Directive 2010/13/EU as amended by Directive (EU) 2018/1808 shall be read as references to Article 5a of this Regulation.
Amendment 418 #
2022/0277(COD)
1. PMember States shall ensure in their national legal framework and conduct that public service media providers shall provide independently and in an impartial manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
Amendment 437 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service mission. Those resourcesremit and to meet the objectives therein. Those resources and the process by which they are allocated shall be such that editorial independence is safeguarded.
Amendment 442 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that the allocation of financial resources to the public service media providers is conducted through predictable, transparent, independent, impartial and non-discriminatory procedures and on the basis of transparent, objective and proportionate criteria laid down in advance by national law. Those procedures shall be such that editorial independence is safeguarded. Media companies must annually disclose their debt and loans with the banking and financial sector. In this way, Member States must establish guidelines for the reporting of media debt and loans to ensure transparency and prevent conflicts of interest.
Amendment 756 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to restrict or suspend the provision of its online intermediation services in relation to content or services provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content or services is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, includingcommunicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150 and Article 17(3) of Regulation (EU) 2022/XXX2065 [Digital Services Act], to communicate toand provide the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspenwith an opportunity to reply to the statement of reasons prior to the suspension or restriction taking effect. If the provider of a very large online platform subsequently decides to suspend or restrict content or services, it shall give detailed reasons in writing why it rejects the media service provider’s objections at the time the decision takinges effect.
Amendment 764 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 and/or Article 20 of Regulation (EU) 2022/2065 [Digital Services Act] by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and no later than 24 hours after submission of the complaint. If the very large online platform fails to adhere to this time limit, it shall reinstate the content or service without undue delay.
Amendment 771 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. 3. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content or services provided by the media service provider without sufficient grounds, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board. If no amicable solution is found, the media service provider may lodge a complaint before a certified out-of-court dispute settlement body in accordance with Article 21 of Regulation 2022/2065 without prejudice and in addition to its right to effective judicial protection.
Amendment 779 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content or service provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 800 #
2022/0277(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article19a Right to identify the provider of a media service 1. Recipients of media services shall have a right to easily identify the media service provider on any device or user interface controlling or managing access to and use of media services. 2. Manufacturers of devices and providers of user interfaces controlling or managing access to and use of media services shall ensure that the identity of the media service provider bearing the editorial responsibility for the content or services is clearly visible alongside the content and services offered.
Amendment 866 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability.
Amendment 871 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ businesstrade secrets, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. They shall provide free of charge to each media service provider the audience measurements relating to its content and services.This provision shall not affect the Union’s data protection and privacy rules.
Amendment 875 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems, together with media service providers, their representative organisations and any other interested parties shall draw up codes of conduct, with the support of national regulatory authorities or bodies, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.
Amendment 878 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The Commission, assisted by the Board, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article, considering national and regional codes of conduct.
Amendment 883 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement systems, media service providers and other interested parties.
Amendment 234 #
2022/0269(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. . Complaints may be lodged anonymously and confidentiality shall be automatic, unless otherwise specified by the complainant. The stakeholders should be informed of the outcome of the assessment of their complaints, as well as the decisions made by competent authorities
Amendment 276 #
2022/0269(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission, civil society representatives and human rights defenders. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
Amendment 308 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘due diligence in relation to forced labour’ means the effortobligations by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour with respect to products that are to be made available on the Union market or to be exported;
Amendment 310 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) ‘bring to an end the use of forced labour’ means effective measures to address the root causes of forced labour affecting a specific supplier that supplies the economic operator that places or makes available in EU market; bringing to an end the use of forced labour shall not mean disengagement as first resort;
Amendment 313 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
Article 2 – paragraph 1 – point c b (new)
(cb) ‘root causes of forced labour’ means the multi-faceted fundamental reasons for the occurrence of forced labour; this shall particularly look into exploitation, poverty, migration, prices below cost of production, lack of living incomes and living wages and unfair purchasing practices;
Amendment 344 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) 'vulnerable stakeholders’ means individuals and right-holders groups finding themselves in marginalised situations and situations of vulnerability, due to specific contexts or intersecting factors, including among others their sex, gender, age, race, ethnicity, class, indigenous identity, migration status, disability, as well as social and economic status, which are the causes of differentiated and often disproportionate adverse impacts, and creates discrimination and additional barriers to participation and access to justice;
Amendment 392 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate orand bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment, including on the basis of any of the following:
Amendment 421 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for remediating and bringing to an end forced labour in a short period of time.
Amendment 521 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)
Article 6 – paragraph 4 – point c a (new)
(ca) measures that economic operator must implement as to effectively address root causes of forced labour present on its value chain. This shall include engagement with their suppliers throughout the value chain and identify and address root causes leading to use of forced labour in the investigated product.
Amendment 544 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they provide proof of effective remediation for workers who were victims of forced labour and have eliminated forced labour from their operations or supply chain with respect to the products concerned by addressing the root causes of forced labour found in their supply chain, the competent authorities shall withdraw their decision for the future and inform the economic operators.
Amendment 554 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) measures that economic operator must implement as to effectively address root causes of forced labour present in its value chain. This shall include engagement with their suppliers throughout the value chain and identify and address root causes leading to use of forced labour in the investigated product;
Amendment 628 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, civil society, international organisations and third country authorities.
Amendment 636 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 24 months after the entry into force of this Regulation. The database shall be transparent and accessible to all.
Amendment 766 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities, civil society representatives and human rights defenders.
Amendment 775 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f
Article 24 – paragraph 3 – point f
(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and, customs authorities, civil society organisations and human rights defenders;
Amendment 297 #
2022/0155(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Member States and regional authorities are increasingly introducing, or are considering introducing, national and regional laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, may have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.
Amendment 332 #
2022/0155(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification and parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation2022/2065 may consider to which extent mitigation measures adopted to comply with that obligation. Mitigation measures may include designing their online interfaces or parts thereof with the highest level of privacy, safety and security for children by default or adopting standards for protection of children, or participating in codes of conduct for protecting children, targeted measures to protect the rights of the child, including functionalities enabling age assurance and age scoring, and age-appropriate parental control tools. Enabling flagging and/or notifying mechanisms and self-reporting functionalities may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation. Communication service providers (CSPs) may take voluntary measures to detect and remove child sexual abuse material (CSAM) from their services, provided that such measures are proportionate, necessary, and respectful of users' privacy and other fundamental rights. CSPs that take such measures shall comply with the following requirements:(a) Any measures taken to detect or remove CSAM must be based on clear, transparent, and publicly available criteria, which should be regularly reviewed and updated as necessary to reflect changes in technology and legal developments.(b) CSPs shall inform their users about the nature and extent of the measures taken to detect and remove CSAM, including any impact on users' privacy and other rights.(c) CSPs shall ensure that any measures taken to detect and remove CSAM are subject to appropriate oversight and accountability mechanisms, which should be designed to ensure that the measures are effective, proportionate, and respectful of users' rights. (d) CSPs shall cooperate with relevant competent authorities, including law enforcement authorities, to prevent and combat CSAM, and to support the identification and rescue of victims of child sexual exploitation and abuse.
Amendment 387 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.
Amendment 390 #
2022/0155(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) End-to-end encryption is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Any weakening of the end-to-end encryption could potentially be abused by malicious third parties. Nothing in this Regulation should therefore be interpreted as prohibiting or weakening end-to-end encryption. However, to the extent strictly necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, providers should be authorised by the competent judicial authority or another independent administrative authority to process metadata that can detect suspicious patterns of behaviour without having access to the content of the encrypted communication.
Amendment 440 #
2022/0155(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to verify that the rules of this Regulation, in particular those on mitigation measures and on the execution of voluntary detection orders, removal orders or blockdetection, removal, blocking or delisting orders that it issued, are effectively complied in practice, each Coordinating Authority should be able to carry out searches, using the relevant indicators provided by the EU Centre, to detect the dissemination of known or new child sexual abuse material through publicly available material in the hosting services of the providers concerned.
Amendment 441 #
2022/0155(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) Detection orders, which would require communication service providers to monitor their users' online activities for the purpose of detecting child sexual abuse material (CSAM), should only be imposed as a last resort in cases where a provider is found to be acting in bad faith and failing to cooperate with competent authorities. The use of detection orders should be proportionate, necessary, and subject to strict safeguards, and should only be authorized by a judicial authority or other independent oversight body. In any case, users should not be punished for merely using a communication service, and any measures taken to detect or remove CSAM should be implemented in a manner that respects users' privacy and other fundamental rights.
Amendment 874 #
2022/0155(COD)
Article6a Encrypted services and metadata processing 1. Nothing in this Regulation shall be interpreted as prohibiting or weakening end-to-end encryption. 2. On the basis of the risk assessment submitted and, where applicable, further information, the Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to authorise a provider of hosting services or a provider of interpersonal communications services to process metadata to the extent strictly necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse. When assessing whether to request the processing of metadata, the Coordinating Authority shall take into account any interference with the rights to privacy and data protection of the users of the service that such a processing entails and determine whether, in that case, the processing of metadata would be effective in mitigating the risk of use of the service for the purpose of child sexual abuse, and that it is strictly necessary and proportionate. 3. Without prejudice to Regulation (EU) 2016/679, providers shall inform the users of such processing in their terms and conditions, including information on the possibility to submit complaints to the competent data processing authorities concerning the relevant processing and on the avenues for judicial redress.
Amendment 1163 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)
Article 10 – paragraph 3 – point d a (new)
(da) not able to weaken end-to-end encryption.
Amendment 1189 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point f a (new)
Article 10 – paragraph 4 – point f a (new)
(fa) ensure privacy by design and by default and, where applicable, without hampering the integrity of encryption.
Amendment 1341 #
2022/0155(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Amendment 1477 #
2022/0155(COD)
Proposal for a regulation
Article 35 – paragraph 4 a (new)
Article 35 – paragraph 4 a (new)
4a. Member States shall ensure that penalties imposed for the infringement of this Regulation do not encourage the over reporting or the removal of material which does not constitute child sexual abuse material.
Amendment 1649 #
2022/0155(COD)
Proposal for a regulation
Article 46 – paragraph 6 – subparagraph 2
Article 46 – paragraph 6 – subparagraph 2
The EU Centre shall diligently assess those requests and only grant access where it considers that the requested access is necessary for and proportionate to the specified purpose, and in accordance with Union law.
Amendment 175 #
2022/0140(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) In line with the One Health and Health in All Policies principles, legally defined in Article 3 of the Regulation (EU) No 2022/2371 of the European Parliament and of the Council of 23 November 2022 on serious cross-border threats to health and repealing Decision No 1082/2013/EU, the protection of human health is a matter which has a cross-cutting dimension and is relevant to numerous Union policies and activities. Following these two principles, the Union has created, develops and monitors its EHDS.
Amendment 182 #
2022/0140(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) It is important to bear in mind that health data is not a natural resource that is available for exploitation, but a very sensitive resource which can put individuals, families and companies at risk. Among other relevant legal provisions, this Regulations sets out that electronic health data should be stored in the territory of the Union. It also seeks to ensure the right of every patient to have their data stored with the doctor or therapist of their choice, not remotely, but accessible, and ensure that it is not at risk of hacking. Finally, patients should be asked to give their consent to share their data. Therefore, patients should be asked to be totally in charge of their data and if they want to share it.
Amendment 198 #
2022/0140(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 199 #
2022/0140(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In health systems, personal electronic health data is usually gathered in electronic health records, which typically contain a natural person’s medical history, diagnoses and treatment, medications, allergies, immunisations, as well as radiology images and laboratory results, spread between different entities from the health system (general practitioners, hospitals, pharmacies, care services). In order to enable that electronic health data to be accessed, shared and changed by the natural persons or health professionals, some Member States have taken the necessary legal and technical measures and set up centralised infrastructures connecting EHR systems used by healthcare providers and natural persons. Alternatively, some Member States support public and private healthcare providers to set up personal health data spaces to enable interoperability between different healthcare providers. Several Member States have also supported or provided health data access services for patients and health professionals (for instance through patients or health professional portals). They have also taken measures to ensure that EHR systems or wellness applications are able to transmit electronic health data with the central EHR system (some Member States do this by ensuring, for instance, a system of certification). However, not all Member States have put in place such systems, and the Member States that have implemented them have done so in a fragmented manner. In order to facilitate the free movement of personal health data across the Union and avoid negative consequences for patients when receiving healthcare in cross-border context, Union action is needed in order to ensure individuals have improved acess to their own personal electronic health data and are empowered to share it. In this respect, and in order to avoid administrative fragmentation and to achieve a sufficiently interoperable, understandable and user-friendly system in all Member States and regions, appropriate funding and administrative support at Union level should be considered. Allowing for a fully decentralised federated data system at Union level has the potential to save infrastructure costs and to mitigate privacy concerns, as well as push the privacy-efficiency trade-off further out, generating the same efficiency levels for more privacy. Federated learning systems bring the algorithms to the data and researchers can retrieve only derived data, not the underlying individual electronic health registers.
Amendment 227 #
2022/0140(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Natural persons should be able to exercise control over the transmission of personal electronic health data to other healthcare providers. Healthcare providers and other organisations providing EHRs should facilitate the exercise of this right. Stakeholders such as healthcare providers, digital health service providers, manufacturers of EHR systems or medical devices should not limit or block the exercise of the right of portability because of the use of proprietary standards or other measures taken to limit the portability. For these reasons, the framework laid down by this Regulation builds on the right to data portability established in Regulation (EU) 2016/679 by ensuring that natural persons as data subjects can transmit their electronic health data, including inferred data, irrespective of the legal basis for processing the electronic health data. This right should apply to electronic health data processed by public or private controllers, irrespective of the legal basis for processing the data under in accordance with the Regulation (EU) 2016/679. This right should apply to all electronic health data.
Amendment 252 #
2022/0140(COD)
(19) The level of availability of personal health and genetic data in an electronic format varies between Member States. The EHDS should make it easier for natural persons to have those data available in electronic format. This would also contribute to the achievement of the target of 100% of Union citizens having access to their electronic health records by 2030, as referred to in the Policy Programme “Path to the Digital Decade”. In order to make electronic health data accesible and transmissible, such data should be accessed and transmitted in an interoperable common European electronic health record exchange format, at least for certain categories of electronic health data, such as patient summaries, electronic prescriptions and dispensations, medical images and image reports, laboratory results and discharge reports, subject to transition periods. Where personal electronic health data is made available to a healthcare provider or a pharmacy by a natural person, with her total knowledge and consent, or is transmitted by another data controller in the European electronic health record exchange format, the electronic health data should be read and accepted for the provision of healthcare or for dispensation of a medicinal product, thus supporting the provision of the health care services or the dispensation of the electronic prescription. Commission Recommendation (EU) 2019/24345provides the foundations for such a common European electronic health record exchange format. The use of European electronic health record exchange format should become more generalised at EU and national level. While the eHealth Network under Article 14 of Directive 2011/24/EU of the European Parliament and of the Council46recommended Member States to use the European electronic health record exchange format in procurements, in order to improve interoperability, uptake was limited in practice, resulting in fragmented landscape and uneven access to and portability of electronic health data. _________________ 45 Commission Recommendation (EU) 2019/243 of 6 February 2019 on a European Electronic Health Record exchange format (OJ L 39, 11.2.2019, p. 18). 46 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).
Amendment 275 #
2022/0140(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Access to and transmission of electronic health data is relevant in cross- border healthcare situations, as it may support continuity of healthcare when natural persons travel to other Member States or change their place of residence. Continuity of care and rapid access to personal electronic health data is even more important for residents in border regions, crossing the border frequently to get health care. In many border regions, some specialised health care services may be available closer across the border rather than in the same Member State. An infrastructure is needed for the transmission of personal electronic health data across borders, in situations where a natural person is using services of a healthcare provider established in another Member State. A voluntary infrastructure for that purpose, MyHealth@EU, has been established as part of the actions provided for in Article 14 of Directive 2011/24/EU. Through MyHealth@EU, Member States started to provide natural persons with the possibility to share their personal electronic health data with healthcare providers when travelling abroad. To further support such possibilities, the participation of Member States and, where applicable, regions in the digital infrastructure MyHealth@EU should become mandatory. All Member States should join the infrastructure and connect healthcare providers and pharmacies to it, as this is necessary for the implementation of the rights of natural persons to access and make use of their personal electronic health data regardless of the Member State. The infrastructure should be gradually expanded to support further categories of electronic health data. Finally, in order to guarantee the linguistic rights of natural persons to access and make use of their personal electronic health data, MyHealth@EU should be accessible in the language of preference of the natural person, including all officially recognised languages in Member States.
Amendment 283 #
2022/0140(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In the context of MyHealth@EU, a central platform should provide a common infrastructure for the Member States and all their regions to ensure connectivity and interoperability in an efficient and secure way. In order to guarantee compliance with data protection rules and to provide a risk management framework for the transmission of personal electronic health data, the Commission should, by means of implementing acts, allocate specific responsibilities among the Member States, as joint controllers, and prescribe its own obligations, as processor. Where applicable, regions with health competences should also be entrusted such tasks.
Amendment 322 #
2022/0140(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) For the secondary use of the clinical data for research, innovation, scientific development, policy making, regulatory purposes, patient safety or the treatment of other natural persons, the possibilities offered by Regulation (EU) 2016/679 for a Union law should be used as a basis and rules and mechanisms and providing suitable and specific measures to safeguard the rights and freedoms of the natural persons. This Regulation provides the legal basis in accordance with Articles 9(2) (g), (h), (i) and (j) of Regulation (EU) 2016/679 for the secondary use of health data, establishing the safeguards for processing, in terms of lawful purposes, trusted governance for providing access to health data (through health data access bodies) and processing in a secure environment, as well as modalities for data processing, set out in the data permit. At the same time, the data applicant should demonstrate a legal basis pursuant to Article 6 of Regulation (EU) 2016/679, based on which they could request access to data pursuant to this Regulation and should fulfil the conditions set out in Chapter IV. More specifically: for processing of electronic health data held by the data holder pursuant to this Regulation, this Regulation creates the legal obligation in the sense of Article 6(1) point (c) of Regulation (EU) 2016/679 for disclosing the data by the data holder to health data access bodies, while the legal basis for the purpose of the initial processing (e.g. delivery of care) is unaffected. This Regulation also meets the conditions for such processing pursuant to Articles 9(2) (h),(i),(j) of the Regulation (EU) 2016/679. This Regulation assigns tasks in the public interest to the health data access bodies (running the secure processing environment, processing data before they are used, etc.) in the sense of Article 6(1)(e) of Regulation (EU) 2016/679 to the health data access bodies, and meets the requirements of Article 9(2)(h),(i),(j) of the Regulation (EU) 2016/679. Therefore, in this case, this Regulation provides the legal basis under Article 6 and meets the requirements of Article 9 of that Regulation on the conditions under which electronic health data can be processed. In the case where the user has access to electronic health data (for secondary use of data for one of the purposes defined in this Regulation), the data user should demonstrate its legal basis pursuant to Articles 6(1), points (e) or (f), of Regulation (EU) 2016/679 and explain the specific legal basis on which it relies as part of the application for access to electronic health data pursuant to this Regulation: on the basis of the applicable legislation, where the legal basis under Regulation (EU) 2016/679 is Article 6(1), point (e), or on Article 6(1), point (f), of Regulation (EU) 2016/679. If the user relies upon a legal basis offered by Article 6(1), point (e), it should make reference to another EU or national law, different from this Regulation, mandating the user to process personal health data for the compliance of its tasks. If the lawful ground for processing by the user is Article 6(1), point (f), of Regulation (EU) 2016/679, in this case it is this Regulation that provides the safeguards. In this context, the data permits issued by the health data access bodies are an administrative decision defining the conditions for the access to the data.
Amendment 332 #
2022/0140(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In the context of the EHDS, the electronic health data already exists and is being collected by healthcare providers, professional associations, public institutions, regulators, researchers, insurers etc. in the course of their activities. Some categories of data are collected primarily for the provisions of healthcare (e.g. electronic health records, genetic data, claims data, etc.), others are collected also for other purposes such as research, statistics, patient safety, regulatory activities or policy making (e.g. disease registries, policy making registries, registries concerning the side effects of medicinal products or medical devices, etc.). For instance, European databases that facilitate data (re)use are available in some areas, such as cancer (European Cancer Information System) or rare diseases (European Platform on Rare Disease Registration, ERN registries, etc.). These data should also be made available for secondary use. However, much of the existing health-related data is not made available for purposes other than that for which they were collected. This limits the ability of researchers, innovators, policy- makers, regulators and doctors to use those data for different purposes, including research, innovation, scientific development, policy-making, regulatory purposes, patient safety or personalised medicine. In order to fully unleash the benefits of the secondary use of electronic health data, all data holders should contribute to this effort in making different categories of electronic health data they are holding available for secondary use.
Amendment 344 #
2022/0140(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The data holders can be public, non for profit or private health or care providers, public, non for profit and private organisations, associations or other entities, public and private entities that carry out research with regards to the health sector that process the categories of health and health related data mentioned above. In order to avoid a disproportionate burden on small entities, micro-enterprises are excluded from the obligation to make their data available for secondary use in the framework of EHDS. The public or private entities often receive public funding, from national or Union funds to collect and process electronic health data for research, statistics (official or not) or other similar purposes, including in area where the collection of such data is fragmented of difficult, such as rare diseases, cancer etc. Such data, collected and processed by data holders with the support of Union or national public funding, should be made available by data holders to health data access bodies, in order to maximise the impact of the public investment and support research, innovation, patient safety or policy making benefitting the society. In some Member States, private entities, including private healthcare providers and professional associations, play a pivotal role in the health sector. The health data held by such providers should also be made available for secondary use. At the same time, data benefiting from specific legal protection such as intellectual property from medical device companies or pharmaceutical companies often enjoy copyright protection or similar types of protection. However, pPublic authorities and regulators should have access to such data, for instance in the event of pandemics, to verify defective devices and protect human health. In times of severe public health concerns (for example, PIP breast implants fraud) it appeared very difficult for public authorities to get access to such data to understand the causes and knowledge of manufacturer concerning the defects of some devices. The COVID-19 pandemic also revealed the difficulty for policy makers to have access to health data and other data related to health. Such data should be made available for public and regulatory activities, supporting public bodies to carry out their legal mandate, while complying with, where relevant and possible, the protection enjoyed by commercial data. Specific rules in relation to the secondary use of health data should be provided. Data altruism activities may be carried out by different entities, in the context of Regulation […] [Data Governance Act COM/2020/767 final] and taking into account the specificities of the health sector.
Amendment 361 #
2022/0140(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The secondary use of health data under EHDS should enable the public, private, not for profit entities, as well as individual researchers to have access to health data for research, innovation, scientific development, policy making, educational activities, patient safety, regulatory activities or personalised medicine, in line with the purposes set out in this Regulation. Access to data for secondary use should contribute to the general interest of the society. Activities for which access in the context of this Regulation is lawful may include using the electronic health data for tasks carried out by public bodies, such as exercise of public duty, including public health surveillance, planning and reporting duties, health policy making, ensuring patient safety, quality of care, and the sustainability of health care systems. Public bodies and Union institutions, bodies, offices and agencies may require to have regular access to electronic health data for an extended period of time, including in order to fulfil their mandate, which is provided by this Regulation. Public sector bodies may carry out such research activities by using third parties, including sub-contractors, as long as the public sector body remain at all time the supervisor of these activities. The provision of the data should also support activities related to scientific research (including private non-profit research), development and innovation, producing goods and services for the health or care sectors, such as innovation activities or training of AI algorithms that could protect the health or care of natural persons. In some cases, the information of some natural persons (such as genomic information of natural persons with a certain disease) could support the diagnosis or treatment of other natural persons. There is a need for public bodies to go beyond the emergency scope of Chapter V of Regulation […] [Data Act COM/2022/68 final]. However, the public sector bodies may request the support of health data access bodies for processing or linking data. This Regulation provides a channel for public sector bodies to obtain access to information that they require for fulfilling their tasks assigned to them by law, but does not extend the mandate of such public sector bodies. Any attempt to use the data for any measures detrimental to the natural person, to increase insurance premiums, to advertise products or treatments, or develop harmful products should be prohibited.
Amendment 385 #
2022/0140(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Health data access bodies and single data holders should be allowed to charge fees based on the provisions of Regulation […] [Data Governance Act COM/2020/767 final] in relation to their tasks. Such fees may take into account the situation and interest of SMEs, individual researchers or public bodies. Data holders should be allowed to also charge fees for making data available. Such fees should reflect the costs for providing such services. Private dData holders may also charge fees for the collection of data. In order to ensure a harmonised approach concerning fee policies and structure, the Commission may adopt implementing acts. Provisions in Article 10 of the Regulation [Data Act COM/2022/68 final] should apply for fees charged under this Regulation.
Amendment 404 #
2022/0140(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) As the resources of health data access bodies are limited, they can apply prioritisation rules, for instance prioritising public institutions before private non- profit entities, but they should not make any discrimination between the national or from organisations from other Member States or, where applicable, regions with health legislative and executive competences, within the same category of priorities. The data user should be able to extend the duration of the data permit in order, for example, to allow access to the datasets to reviewers of scientific publication or to enable additional analysis of the dataset based on the initial findings. This would require an amendment of the data permit and may be subject to an additonal fee. However, in all the cases, the data permit should reflect theses additionals uses of the dataset. Preferably, the data user should mention them in their initial request for the issuance of the data permit. In order to ensure a harmonised approach between health data access bodies, the Commission should support the harmonisation of data permit.
Amendment 503 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(f a) the definitions of ‘One Health’ and ‘Health in All Policies’ pursuant to Article 3 of the Regulation (EU) No 2022/2371 of the European Parliament and of the Council of 23 November 2022 on serious cross-border threats to health and repealing Decision No 1082/2013/EU;
Amendment 567 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point s
Article 2 – paragraph 2 – point s
(s) ‘central platform for digital health’ means an interoperability platform providing services to support and facilitate the exchange of electronic health data between national or, where applicable, regional contact points for digital health;
Amendment 568 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point u a (new)
Article 2 – paragraph 2 – point u a (new)
(u a) ‘regional contact point for secondary use of electronic health data’ means an organisational and technical gateway enabling the cross-border secondary use of electronic health data, under the responsibility of a region with health competences within a Member State;
Amendment 569 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point v
Article 2 – paragraph 2 – point v
(v) ‘central platform for secondary use of electronic health data’ means an interoperability platform established by the Commission, providing services to support and facilitate the exchange of information between national contact points for secondary use of electronic health data;
Amendment 570 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point x
Article 2 – paragraph 2 – point x
(x) ‘HealthData@EU’ means the infrastructure connecting national or, where applicable, regional contact points for secondary use of electronic health data and the central platform;
Amendment 580 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point y
Article 2 – paragraph 2 – point y
(y) ‘data holder’ means any natural or legal person, which is an public entity or a body in the health or care sector, or performing research in relation to these sectors, as well as Union institutions, bodies, offices and agencies who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personal data, through control of the technical design of a product and related services, the ability to make available, including to register, provide, restrict access or exchange certain data;
Amendment 596 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point ae a (new)
Article 2 – paragraph 2 – point ae a (new)
(ae a) ‘public sector body’ means national, regional or local authorities of the Member States, and bodies governed by public law of the Member States, or associations formed by one or more such authorities or one or more such bodies and Union institutions, bodies, offices and agencies when carrying out tasks enshrined in their mandate;
Amendment 604 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point ae b (new)
Article 2 – paragraph 2 – point ae b (new)
(ae b) ‘innovation activities’ means actions taken to create new products or services, or improve existing products, services, methods and models to expand health results and quality, based on good practices and lessons learned;
Amendment 610 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point ae c (new)
Article 2 – paragraph 2 – point ae c (new)
(ae c) ‘languages’ in this Regulation means the use of all the languages of the Union, notwithstanding their official status in the Union, which are official in a Member State, in regional entities of the Member State, especially in those regions with legislative and health executive competences.
Amendment 844 #
2022/0140(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) supervise the national contact points for digital health and cooperate with other digital health authorities and the Commission on further development of MyHealth@EU;
Amendment 910 #
2022/0140(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall establish a central platform for digital health to provide services to support and facilitate the exchange of electronic health data between national contact points for digital health of the Member States.
Amendment 911 #
2022/0140(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Each Member State shall designate one national contact point for digital health to ensure the connection to all other national or, where applicable, regional contact points for digital health and to the central platform for digital health. Where a designated national contact point is an entity consisting of multiple organisations responsible for implementing different services, the Member State shall communicate to the Commission a description of the separation of tasks between the organisations. The national contact point for digital health shall be considered an authorised participant in the infrastructure. Each Member State shall communicate the identity of its national contact point to the Commission by [the date of application of this Regulation]. Such contact point may be established within the digital health authority established by Article 10 of this Regulation. Member States shall communicate to the Commission any subsequent modification of the identity of those contact points. The Commission and the Member States shall make this information publicly available.
Amendment 913 #
2022/0140(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Each national contact point for digital health shall enable the exchange of the personal electronic health data referred to in Article 5 with all other national contact points. The exchange shall be based on the European electronic health record exchange format.
Amendment 928 #
2022/0140(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. The national or, where applicable, regional contact points for digital health shall act as joint controllers of the electronic health data communicated through ‘MyHealth@EU’ for the processing operations in which they are involved. The Commission shall act as processor.
Amendment 929 #
2022/0140(COD)
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7 a. In order to guarantee the linguistic rights of natural persons to access and make use of their personal electronic health data, MyHealth@EU shall be accessible in the language of preference of the natural person, including all officially recognised lenguages in Member States.
Amendment 935 #
2022/0140(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may provide through MyHealth@EU supplementary services that facilitate telemedicine, mobile health, access by natural persons to their translated health data and use of their language of preference, including all officially recognised languages in Member States, exchange or verification of health-related certificates, including vaccination card services supporting public health and public health monitoring or digital health systems, services and interoperable applications, with a view to achieving a high level of trust and security, enhancing continuity of care and ensuring access to safe and high- quality healthcare. The Commission shall, by means of implementing acts, set out the technical aspects of such provision. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 68(2).
Amendment 1009 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Importers shall, further to a reasoned request from a market surveillance authority, provide it with all the information and documentation necessary to demonstrate the conformity of an EHR system in the official languages of the Member State where the market surveillance authority is located. They shall cooperate with that authority, at its request, on any action taken to bring their EHR systems in conformity with the essential requirements laid down in Annex II.
Amendment 1039 #
2022/0140(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The technical documentation shall be drawn up in one of the official languages of the Union. Following a reasoned request from the market surveillance authority of a Member State, the manufacturer shall provide a translation of the relevant parts of the technical documentation into the official languages of that Member State.
Amendment 1047 #
2022/0140(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The EU declaration of conformity shall, as a minimum, contain the information set out in Annex IV and shall be translated into one or more official Union languages determined by the Member State(s) in which the EHR system is made available. Manufacturers shall provide a translation of the relevant parts of the technical documentation into all the official languages of Member States.
Amendment 1109 #
2022/0140(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The label shall be drawn-up in one or more official languages of the Union or languages determined by the Member State(s) in which the in which the wellness application is placed on the market.
Amendment 1226 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The electronic health data referred to in paragraph 1 shall cover data processed for the provision of health or care or for public health, research, innovation, policy making, official statistics, patient safety or regulatory purposes, collected by entities and bodies in the health or care sectors, including public and private providers of health or care, entities or bodies performing research in relation to these sectors, and Union institutions, bodies, offices and agencies.
Amendment 1262 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Where the consent of the natural person is required by national law, health data access bodies shall rely on the obligations laid down in this Chapter to provide access to electronic health dataNatural persons shall have the right to decline the processing of their health data. Health data access bodies shall provide for an accessible and easily understandable opt-out mechanism, whereby natural persons must be offered the possibility to explicitly express their wish not to have their personal electronic health data processed for secondary use purposes.
Amendment 1281 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 8
Article 33 – paragraph 8
8. Health data access bodies may provide access to additional categories of electronic health data that they have been entrusted with pursuant to national law or based on voluntary cooperation with the relevant data holders at national level, in particular to electronic health data held by private entities in the health sector.
Amendment 1307 #
2022/0140(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point c
Article 34 – paragraph 1 – point c
(c) to produce national, multi-national, regional, local and Union level official statistics related to health or care sectors;
Amendment 1317 #
2022/0140(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point e
Article 34 – paragraph 1 – point e
(e) scientific research related to public health or care sectors;
Amendment 1368 #
2022/0140(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) taking decisions detrimental to a natural person based on their electronic health data, such as offers of employment, offering less favourable terms in the provision of goods or services such as insurance or other financial services; in order to qualify as “decisions”, they must produce legal effects or similarly significantly affect those natural persons;
Amendment 1383 #
2022/0140(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) advertising or marketing activities or, any other economic or financial activity aimed at making corporative profits, towards health professionals, organisations in health or natural persons;
Amendment 1419 #
2022/0140(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
The infringement by secondary use data users of the purposes defined in the previous paragraph shall entail the termination of access and processing electronic health data obtained via a data permit issued pursuant Articles 43 and 46.
Amendment 1424 #
2022/0140(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Health data access bodies shall be public entities or bodies. Member States shall designate one or more public health data access bodies responsible for granting access to electronic health data for secondary use. Member States may either establish one or more new public sector bodies or rely on existing public sector bodies or on internal services of public sector bodies that fulfil the conditions set out in this Article. Where a Member State designates several health data access bodies, it shall designate one health data access body to act as coordinator, with responsibility for coordinating requests with the other health data access bodies.
Amendment 1492 #
2022/0140(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point j
Article 37 – paragraph 1 – point j
(j) cooperate with and supervise data holders to ensure the consistent and accurate implementation of the data quality and utility label set out in Article 56, as well as support them in order to ensure respect of the right to opt-out of data subjects referred to in Article 33(5);
Amendment 1498 #
2022/0140(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point m
Article 37 – paragraph 1 – point m
(m) cooperate at Union and nat, national and, where applicable, regional level to lay down appropriate measures and requirements for accessing electronic health data in a secure processing environment;
Amendment 1501 #
2022/0140(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point n
Article 37 – paragraph 1 – point n
(n) cooperate at Union and nat, national and, where applicable, regional level and provide advice to the Commission on techniques and best practices for electronic health data use and management;
Amendment 1509 #
2022/0140(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point q – point i
Article 37 – paragraph 1 – point q – point i
(i) a national dataset catalogue that shall include details about the source and nature of electronic health data, in accordance with Articles 56 and 58, and the conditions for making electronic health data available. The national dataset catalogue shall also be made available to single information points under Article 8 of Regulation […] [Data Governance Act COM/2020/767 final];
Amendment 1514 #
2022/0140(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point q – point iv a (new)
Article 37 – paragraph 1 – point q – point iv a (new)
(iv a) a list of data users whose data permits had to be terminated due to their infringement of Article 35;
Amendment 1520 #
2022/0140(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point t a (new)
Article 37 – paragraph 1 – point t a (new)
Amendment 1531 #
2022/0140(COD)
Proposal for a regulation
Article 37 – paragraph 2 – point d
Article 37 – paragraph 2 – point d
(d) cooperate with other national competent bodies, including the national competent bodies supervising data altruism organisations under Regulation […] [Data Governance Act COM/2020/767 final], the competent authorities under Regulation […] [Data Act COM/2022/68 final] and the national competent authorities for Regulations (EU) 2017/745 and Regulation […] [AI Act COM/2021/206 final] .
Amendment 1533 #
2022/0140(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The health data access bodies mayshall provide assistance to public sector bodies where those public sector bodies access electronic health data on the basis of Article 14 of Regulation […] [Data Act COM/2022/68 final].
Amendment 1542 #
2022/0140(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) the applicable rights of natural persons in relation to secondary use of electronic health data, in particular the right to opt-out pursuant to Article 33(5), including detailed and understandable information on how to exercise those rights;
Amendment 1568 #
2022/0140(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Where a health data access body is informed by a data user of a finding that may impact on the health of a natural person, the health data access body mayshall inform the natural person and his or her treating health professional about that finding within the natural day it was informed by the data user.
Amendment 1577 #
2022/0140(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. Member States and, where applicable, regions shall regularly inform the public at large about the role and benefits of health data access bodies.
Amendment 1579 #
2022/0140(COD)
Proposal for a regulation
Article 38 – paragraph 4 a (new)
Article 38 – paragraph 4 a (new)
4 a. Health data access bodies shall introduce easy and accessible means for natural persons to lodge complaints, both individually and collectively. Health data access bodies shall inform the complainants at all stages of the process. Health data access bodies shall duly inform about this right in the most visible manner through electronic means.
Amendment 1580 #
2022/0140(COD)
Proposal for a regulation
Article 38 – paragraph 4 b (new)
Article 38 – paragraph 4 b (new)
4 b. Natural persons shall be able to seek an effective judicial remedy against a legally binding decision of a health data access body concerning them. Health data access bodies shall duly inform about this right in the most visible manner through electronic means.
Amendment 1597 #
2022/0140(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point n a (new)
Article 39 – paragraph 1 – point n a (new)
(n a) a list of data users whose data permits had to be terminated due to their infringement of Article 35.
Amendment 1669 #
2022/0140(COD)
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
4. Health data access bodies shall have the power to revokterminate the data permit issued pursuant to Article 46 and stop the affected electronic health data processing operation carried out by the data user in order to ensure the cessation of the non- compliance referred to in paragraph 3, immediately or within a reasonable time limit, and shall take appropriate and proportionate measures aimed at ensuring compliant processing by the data users. In this regard, the health data access bodies shall be able, where appropriate, to revoke to terminate the data permit and to exclude the data user from any access to electronic health data for a period of up to 5 years.
Amendment 1723 #
2022/0140(COD)
Proposal for a regulation
Article 44 – paragraph 3 a (new)
Article 44 – paragraph 3 a (new)
3 a. The failure by the data user to respect the measures of the health data access body ensuring anonymisation and pseudonymisation shall be subject to appropriate penalties pursuant Article 43.
Amendment 1784 #
2022/0140(COD)
Proposal for a regulation
Article 45 – paragraph 6
Article 45 – paragraph 6
6. The Commission may, assisted by the EHDS Board set out in Article 64, shall, by means of implementing acts, set out the templates for the data access application referred to in this Article, the data permit referred to in Article 46 and the data request referred to in Article 47. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 68(2).
Amendment 1808 #
2022/0140(COD)
2. Health data access bodies shall refuse all applications including one or more purposes listed in Article 35 or where requirements in this Chapter are not met. The data authorisation shall not be granted where the data subject opted-out to the processing pursuant to Article 33(5).
Amendment 1888 #
2022/0140(COD)
Proposal for a regulation
Article 49
Article 49
Access to electronic health data from a 1. access to electronic health data only from a single data holder in a single Member State, by way of derogation from Article 45(1), that applicant may file a data access application or a data request directly to the data holder. The data access application shall comply with the requirements set out in Article 45 and the data request shall comply with requirements in Article 47. Multi-country requests and requests requiring a combination of datasets from several data holders shall be addressed to health data access bodies. 2. issue a data permit in accordance with Article 46 or provide an answer to a data request in accordance with Article 47. The data holder shall then provide access to the electronic health data in a secure processing environment in compliance with Article 50 and may charge fees in accordance with Article 42. 3. 51, the single data provider and the data user shall be deemed joint controllers. 4. shall inform the relevant health data access body by electronic means of all data access applications filed and all the data permits issued and the data requests fulfilled under this Article in order to enable the health data access body to fulfil its obligations under Article 37(1) and Article 39.rticle 49 deleted single data holder Where an applicant requests In such case, the data holder may By way of derogation from Article Within 3 months the data holder
Amendment 1927 #
2022/0140(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The national contact points referred to in paragraph 1 shall be authorised participants in the cross-border infrastructure for secondary use of electronic health data (HealthData@EU). The national contact points shall facilitate the cross-border access to electronic health data for secondary use for different authorised participants in the infrastructure and shall cooperate closely with each other and with the Commission.
Amendment 1939 #
2022/0140(COD)
Proposal for a regulation
Article 52 – paragraph 8
Article 52 – paragraph 8
8. The Member States and the Commission shall set up HealthData@EU to support and facilitate the cross-border access to electronic health data for secondary use, connecting the national or, where applicable, regional contact points for secondary use of electronic health data of all Member States and authorised participants in that infrastructure.
Amendment 2046 #
2022/0140(COD)
Proposal for a regulation
Article 65 – paragraph 1 – point a
Article 65 – paragraph 1 – point a
(a) to assist Member States and, where appropriate, regions in coordinating practices of digital health authorities;
Amendment 2055 #
2022/0140(COD)
Proposal for a regulation
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
(a) to assist Member States and, where appropriate, regions in coordinating practices of health data access bodies in the implementation of provisions set out in Chapters IV, to ensure a consistent application of this Regulation;
Amendment 2068 #
2022/0140(COD)
Proposal for a regulation
Article 65 – paragraph 2 – point f a (new)
Article 65 – paragraph 2 – point f a (new)
(fa) to publish an annual report to include the implementation status of the European Health Data Space and other relevant points of development, including the respect to the opt-out mechanism, cross-border health data interoperability, implementation challenges, guidance and recommendations to digital health authorities, and its conclusions on the implementation and enforcement of this Regulation.
Amendment 2070 #
2022/0140(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. The Commission shall establish two groups dealing with joint controllership for the cross-border infrastructures provided for in Articles 12 and 52. The groups shall be composed of the representatives of the national contact points and other authorised participants in those infrastructures.
Amendment 2102 #
2022/0140(COD)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. After 5 years from the entry into force of this Regulation, the Commission shall carry out a targeted evaluation of this Regulation especially with regards to Chapters III and IV, and submit a report on its main findings to the European Parliament and to the Council, the European Economic and Social Committee and the Committee of the Regions, accompanied, where appropriate, by a proposal for its amendment. The evaluation shall include an assessment of the self- certification of EHR systems and reflect on the need to introduce a conformity assessment procedure performed by notified bodies. It shall also include an evaluation of the opt-out mechanism laid down in Article 33(5) and recommendations on how to strengthen it.
Amendment 13 #
2022/0115(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Making geographically linked products is often based on local know-how and follows local production methods that are rooted in the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient procedures should be established for the registration of Union geographical indications, within the legal framework of the European internal market and complying with the international intellectual property legal framework, protecting the names of craft and industrial products, which take into account regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced.
Amendment 17 #
2022/0115(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Tourism should be regarded as an enabler of awareness of geographical indications. Tourism is one of Europe’s main industrial ecosystems, with four closely linked key vectors, namely transport, accommodation, experience and intermediation, and the success of the industry lies in the degree of influence between these four vectors. Geographical indications could play a key role to achieve the Union’s sustainable tourism objectives because the awareness of their existence, and therefore of the producers belonging to them, could help diversify and complement locations and destinations. In this sense, local craft activities, agro-tourism, rural tourism and ecotourism are an integral part of geographical indications’ awareness. Finally, the improved cooperation and coordination between stakeholders, greater involvement of local authorities in tourism and market research, professional communication and marketing strategies are necessary to boost the social, economic and environmental performance of both sustainable tourism and geographical indications.
Amendment 22 #
2022/0115(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is therefore necessary to firstly, ensure fair competition for producers of craft and industrial products in the internal market; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard and develop cultural heritage and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic commerce within the internal market, by means of trade agreements negociated by the Commission on behalf of the Union and, lastly, ensure the link with the international registration and protection system based on the Geneva Act.
Amendment 26 #
2022/0115(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having characteristics, attributes or reputation linked to their place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the World Trade Organization. Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1).
Amendment 32 #
2022/0115(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The Commission should ensure that producers share good practices and methods to implement this sustainability strategy. Sustainability from European producers should be duly reciprocated with sustainability from producers from third countries. Economic agreements where European geographical indications are incorporated should inform the commitment to sustainability of European producers and seek for reciprocity from international partners.
Amendment 35 #
2022/0115(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications for craft and industrial products. The register should be an electronic database stored within an information system, and should be accessible to the public. The Union register of geographical indications for craft and industrial products should be developed, kept and maintained by the Office and also the personnel for its operation should be provided by the Office. and accessible in all the official languages of the Member States.
Amendment 37 #
2022/0115(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products. When a new international trade agreement is signed by the Commission, producer groups should be duly notified by the closest administration. In case a geographical indication has not been included, the Commission, together with the national, regional or local administration, should establish mechanisms to secure the intellectual property of that geographical indication or producer group in the partner country.
Amendment 42 #
2022/0115(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected geographical indication. Where applicable, regional or local administrations should be able to provide administrative assistance to producers. At the same time, regional or local entities should encourage and incentivise producers to join other stakeholders managing geographical indications.
Amendment 51 #
2022/0115(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The symbols, indications and abbreviations identifying a registered geographical indication, and the rights therein pertaining to the Union, should be protected in the Union as well as in third countries with the aim of ensuring that they are used on genuine products and that consumers are not misled as to the qualities of products. National, regional or local administrations should assist producer groups to raise awareness about their geographical indications, as well as through the tourist offices for visitors to know the geographical indications of the region they are visiting.
Amendment 63 #
2022/0115(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to strengthen geographical indication protection and to combat counterfeiting more effectively, the protection of geographical indications should apply to both, the offline and online environment including domain names on the internet. Intermediary services, in particular online platforms have become increasingly used for the sale of products, including those designated by geographical indications, and in some cases online platforms might represent an important space as regards preventing fraud. In this regard, information related to the advertising, promotion and sale of goods that contravenes the protection of geographical indications provided for in Article 35, should be considered illegal content within the meaning of Article 2 (g) of Regulation (EU) No xxxx/202219 of the European Parliament and of the Council and be subject of obligations and measures under that Regulation. National and, where applicable, regional or local administrations should introduce this information accordingly and assist, teach and incentivise the private online platforms _________________ 19 Regulation of the European Parliament and of the Council on a Single Market For Digital Services (DSA) and amending Directive 2000/31/EC.
Amendment 64 #
2022/0115(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52 a) In its efforts to build a sustainable and resilient legal framework for a European single digital market where the level-playing field is ensured for all small and medium size enterprises (SMEs), the Union has provided itself with acts such as Regulation(EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC(Digital Services Act)and Regulation XXX/XXX on contestable and fair markets in the digital sector (Digital Markets Act). When it comes to geographical indications, stakeholders that do not depend on public administrations but that seek to raise awareness and provide services for producer groups or other stakeholders related to geographical indications should be able to do so. Forthat reason, the Commission, Member States and, where applicable, regional and local administrations should assist this SMEs in order to create a market of information providers for producer groups, geographical indications and other related activities.
Amendment 82 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. Regional or local public entities may helpshall help and incentivise in the preparation of the application and in the related procedure.
Amendment 89 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) where applicable, where a micro or small enterprise is not able to do this procedure, the regional or local authority shall assist it in filling in the single document.
Amendment 5 #
2022/0089(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In its Communication of 25 November 2020 titled ‘Making the most of the EU’s innovative potential – An intellectual property action plan to support the EU’s recovery and resilience’, the Commission undertook to look at ways to strengthen, modernise, streamline and better enforce geographical indications for agricultural products, wine and spirit drinks. Moreover, in its Communication of 30 June 2021 “A long-term vision for the EU’s rural areas: Towards stronger, connected, resilient and prosperous rural areas by 2040”, the Commission gave geographical indications a role among the flagship initiatives promoting prosperous rural areas, because of their contribution to the economic diversification and specialisation of rural areas. Finally, Regulation (EU) 2021/2117, as part of the reform of the Common Agricultural Policy (CAP), introduced changes to the Union’s system of geographical indications.
Amendment 6 #
2022/0089(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The quality and diversity of the Union’s wine, spirit drinks and agricultural production is one of its important strengths, and prides, giving a competitive advantage to the Union’s producers and making a major contribution to its living cultural and gastronomic heritage. This is due to the skills and determination of Union producers, from labourers, farmers, traders and other professionals, who have kept traditions alive while taking into account the developments of new production methods and material. Moreover, and following the One Health and Health in All Policies principles, geographical indications are also unique labels proving the healthy source of raw materials and production.
Amendment 7 #
2022/0089(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Citizens and consumers in the Union increasingly demand quality as well as traditional products. They are also concerned to maintain the diversity of agricultural production in the Union. This generates a demand for wine, spirit drinks and agricultural products with identifiable specific characteristics, in particular those linked to their geographical origin, both in terms of territory and production process.
Amendment 11 #
2022/0089(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Ensuring uniform recognition and protection throughout the Union for the intellectual property rights related to names protected in the Union is a priority that can be effectively achieved only at Union level. Geographical indications protecting the names of wines, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production are an exclusive Union’s competence. A unitary and exclusive system of geographical indications therefore needs to be provided. Geographical indications are a collective right held by all eligible producers in a designated area willing to adhere to a product specification. Producers acting collectively have more powers than individual producers and take collective responsibilities to manage their geographical indications, including responding to societal demands for products resulting from sustainable production. Operating geographical indications reward producers fairly for their efforts to produce a diverse range of quality products. At the same time, this can benefit the rural economy, which is particularly the case in areas with natural or other specific constraints, such as mountain areas and the most remote regions, where the farming sector accounts for a significant part of the economy and production costs are high. In this way, quality schemes are able to contribute to and complement rural development policy as well as market and income support policies of the CAP. In particular, they may contribute to the developments in the farming sector and, especially, disadvantaged areas. A Union framework that protects geographical indications by providing for their inclusion in a register at Union level facilitates the development of the agricultural sector, since the resulting, more uniform approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes. The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, through labelling and advertising, helping them to correctly identify their products on the market. Geographical indications, being a type of intellectual property right, help operators and companies valorise their intangible assets from which they and consumers benefit. To avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third country producer, should be able to use a registered name and market products designated as geographical indications throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is covered by a system of controls. In light of the experience gained from the implementation of Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) No 1151/2012 of the European Parliament and of the Council27 , there is a need to address certain legal issues, to clarify and simplify some rules and to streamline the procedures. _________________ 27 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Amendment 12 #
2022/0089(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Tourism should be regarded as an enabler of awareness of geographical indications. Tourism is one of Europe’s main industrial ecosystems, with four closely linked key vectors, namely transport, accommodation, experience and intermediation, and the success of the industry lies in the degree of influence between these four vectors. Geographical indications could play a key role to achieve the Union’s sustainable tourism objectives because the awareness of their existence, and therefore of the producers belonging to them, could help diversify and complement locations and destinations. In this sense, local craft activities, agro-tourism, rural tourism and ecotourism are an integral part of geographical indications’ awareness. Finally, the improved cooperation and coordination between stakeholders, greater involvement of local authorities in tourism and market research, professional communication and marketing strategies are necessary to boost the social, economic and environmental performance of both sustainable tourism and geographical indications.
Amendment 14 #
2022/0089(COD)
(11) The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. This approach should also apply to regulations in the field of geographical indications, without calling into question the specific characteristics of each sector. In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. The procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission, taking into account the information coming from the producer groups and, where applicable, the regional and local entities that assist in the implementation and management of geographical indications.. The Member States and the Commission, or where applicable regions, should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for scrutinising the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 16 #
2022/0089(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Quality is ensured in the Union through public policies associated with the production of public goods and its contribution to the transition towards a sustainable food system, with resilient cold and food chains. Therefore, quality should be ensured through a holistic and multidimensional approach, encompassing environmental, economic and social-cultural sustainability. Geographical indications are tools capable of contributing to the maintenance of Local Food Systems, diversification and specialisation of rural economies, safeguarding SMEs, the environmental protection of the rural landscape, preservation of biodiversity and the Natura 2000 network, among others.
Amendment 17 #
2022/0089(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) To contribute to the transition to a sustainable food system and respond to societal demands for sustainable, environmentally and climate friendly, animal welfare ensuring, resource efficient, socially and ethically responsible production methods, producers of geographical indications should be encouraged to adhere to sustainability standards that are more stringent than the mandatory ones and go beyond good practice. Such specific requirements could be set out in the product specification. The Commission should ensure that producer groups share good practices and methods to implement this sustainability strategy. Sustainability from European producers should be duly reciprocated with sustainability from producers from third countries. Economic agreements where European geographical indications are incorporated should inform the commitment to sustainability of European producers and seek for reciprocity from international partners. Finally, in order to make local and regional food production systems more sustainable and to contribute to diversified and balanced diets, geographical indications should be included in the mandatory minimum criteria for sustainable food procurement.
Amendment 22 #
2022/0089(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within an information system, and should be accessible to the public and accessible in all the official languages of the Member States..
Amendment 23 #
2022/0089(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Union negotiates international agreements, including those concerning the protection of designations of origin and geographical indications, with its trade partners. In order to facilitate the provision to the public of information about the names protected by those international agreements, and in particular to ensure protection and control of the use to which those names are put, those names may be entered in the Union register of geographical indications. Unless specifically identified as designations of origin in such international agreements, the names should be entered in the register as protected geographical indications. When a new international trade agreement is signed by the Commission, producer groups should be duly notified by the closest administration. In case a geographical indication has not been included, the Commission, together with the national, regional or local administration, should establish mechanisms to secure the intellectual property of that geographical indication or producer group in the partner country.
Amendment 29 #
2022/0089(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected designation of origin or protected geographical indication. This information should include, where applicable, the information on the identity of the producer group recognised at national level. Where applicable, regional or local administrations should be able to provide administrative assistance to producer groups. At the same time, regional or local entities should encourage and incentivise producers to join these producer groups or other stakeholders managing geographical indications.
Amendment 33 #
2022/0089(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) As producers of products bearing geographical indications are mostly small or medium size enterprises, they face competition from other operators along the food supply chain which can create unfair competition between local producers and those operating on a more extended scale. In this context, in the interest of all the producers concerned, it is necessary to allow one single producer group to perform specific actions in the name of the producers. To that purpose, the category of the recognised producer group should be established, together with the criteria necessary to qualify as a recognised producer group and the related specific additional rights, in particular in order to provide recognised producer groups with the right tools to better enforce their intellectual property rights against unfair practices. National and, where applicable, regional or local administrations should arbiter the producer groups in order to appoint the most suitable as recognised producer group.
Amendment 35 #
2022/0089(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The symbols, indications and abbreviations identifying a registered geographical indication, and the rights therein pertaining to the Union, should be protected in the Union as well as in third countries with the aim of ensuring that they are used on genuine products and that consumers are not misled as to the qualities of products. National, regional or local administrations should assist producer groups to raise awareness about their geographical indications, as well as through the tourist offices for visitors to know the geographical indications of the region they are visiting.
Amendment 41 #
2022/0089(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Information on the competent authorities and product certification bodies should be made public to ensure the transparency and allow interested parties to contact them in all the official languages of Member States.
Amendment 42 #
2022/0089(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Online platforms have become increasingly used for sales of products, including of those designated as geographical indications, and in some cases they might represent an important space as regards preventing fraud. In this regard, this Regulation should establish rules to ensure appropriate labelling of products sold via online platforms, and to provide powers to Member States to disable access to the content that contravenes the rules. These rules should be without prejudice to Regulation (EU) No 2022/XX of the European Parliament and of the Council32 . National and, where applicable, regional or local administrations should introduce this information accordingly and assist, teach and incentivise the private online platforms. _________________ 32 Regulation (EU) […] of the European Parliament and of the Council of […] on a Single Market For Digital Services (DSA) and amending Directive 2000/31/EC (OJ L …, XXX, dd/mm/yyyy, p. X).
Amendment 44 #
2022/0089(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) In its efforts to build a sustainable and resilient legal framework for a European single digital market where the level-playing field is ensured for all small and medium size enterprises (SMEs), the Union has provided itself with acts such as Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)and Regulation XXX/XXX on contestable and fair markets in the digital sector (Digital Markets Act). When it comes to geographical indications, stakeholders that do not depend on public administrations but that seek to raise awareness and provide services for producer groups or other stakeholders related to geographical indications should be able to do so. For that reason, the Commission, Member States and, where applicable, regional and local administrations should assist this SMEs in order to create a market of information providers for producer groups, geographical indications and other related activities.
Amendment 51 #
2022/0089(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To implement the rules related to geographical indications, the Commission should be assisted by a committee, composed by the delegates of the Member States, understandable to the consumer..
Amendment 52 #
2022/0089(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to avoid creating unfair conditions of competition, any producer, including a producer from a third country, should be able to use a registered name of a traditional speciality guaranteed, provided that the product concerned complies with the requirements of the relevant specification and the producer is covered by a system of controls. For traditional specialities guaranteed produced within the Union, the Union symbol should be indicated on the labelling and it should be possible to associate it with the indication ‘traditional speciality guaranteed’. The use of the names, the Union symbol and the indication should be regulated to ensure a uniform approach across the internal market. Where applicable, regional or local administrations should be able to provide administrative assistance to producer groups of traditional specialities guaranteed.
Amendment 53 #
2022/0089(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Participation in the traditional speciality guaranteed scheme should ensure that any operator complying with the rules of this scheme is entitled to be covered by the verification of compliance with the product specification. Where applicable, regional or local administrations should be able to provide administrative assistance to producer groups. At the same time, regional or local entities should encourage and incentivise producers to join these producer groups or other stakeholders managing traditional specialties guaranteed.
Amendment 54 #
2022/0089(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The procedures for the registration, amendments to the product specification and the cancellation of the registration in respect of traditional specialities guaranteed originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. Member States and, where applicable, regions, should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the Union application to the Commission. The Commission should be responsible for scrutinising the application, including running a worldwide opposition procedure, and taking a decision on granting the traditional specialities guaranteed protection or not. The protection afforded by this Regulation upon registration should be equally available to traditional specialities guaranteed of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should also carry out the corresponding procedures for traditional specialities guaranteed originating in third countries.
Amendment 55 #
2022/0089(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) The optional quality terms scheme was introduced by Regulation (EU) No 1151/2012. It refers to specific horizontal characteristics, of one or more categories of products, farming methods or processing attributes which apply in specific areas. The optional quality term ‘mountain product’ has met the conditions laid down for optional quality terms and was established by that Regulation. It has provided mountain producers with an effective tool to better market their product and to reduce the actual risks of consumer confusion as to the mountain provenance of products on the market. The possibility for producers to use optional quality terms should be maintained, as the scheme has not yet fully met its potential in the Member States due to a short time of its application. Where applicable, regional or local administrations should be able to provide administrative assistance to mountain producers. At the same time, regional or local entities should encourage and incentivise mountain producers to join producer groups or other stakeholders managing ‘mountain products’.
Amendment 71 #
2022/0089(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) the added value associated with geographical indication products is shared across the supply chain to ensure producers may stabilise their prices and invest in the quality and reputation of their products.
Amendment 82 #
2022/0089(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. As part of the scrutiny referred to in paragraph (3), the Member State shall conduct a nator, where applicable, the region shall conduct a national or regional opposition procedure. The national or regional opposition procedure. The national opposition procedure shall ensure publication of the application for registration and provide for a period of at least 2 months from the date of publication within which any natural or legal person having a legitimate interest and established or resident on the territory of the Member State in which the product concerned originates may lodge an opposition to the application for registration with that Member State.
Amendment 83 #
2022/0089(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Member State shall establish the modalities of the opposition procedure. These modalities may include criteria for the admissibility of an opposition, a period of consultation between the applicant producer group and each opponent, and submission of a report from the applicant producer group on the outcome of the consultations including any changes the applicant producer group has made to the application for registration. Where applicable, the Member State shall take into account the opinion of its regional administrations.
Amendment 84 #
2022/0089(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. If, after the scrutiny of the application for registration and the assessment of the results of any opposition received and any changes to the application agreed with the applicant producer group, the Member State considers that the requirements of this Regulation are met, it may take a favourable decision and lodge a Union application as referred to in Article 15. Where applicable, the Member State shall take into account the opinion of its regional administrations.
Amendment 85 #
2022/0089(COD)
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The Member State shall ensure that its decision, be it favourable or not, is made public and that any natural or legal person having a legitimate interest has an opportunity to lodge an appeal. The Member State shall also ensure that the product specification on which its favourable decision is based is published, and shall provide electronic access to the product specification. Where applicable, the Member State shall take into account the opinion of its regional administrations.
Amendment 86 #
2022/0089(COD)
Proposal for a regulation
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7a. The national or regional stage of registration shall be facilitated in all the official languages of the Member States.
Amendment 87 #
2022/0089(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Where applicable, a region, in communication with its Member State, may grant such transitional protection in case a product followed the regional application for registration.
Amendment 95 #
2022/0089(COD)
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5a. The Commission shall ensure that producer groups share good practices and methods to implement this sustainability strategy. Sustainability from European producers shall be duly reciprocated with sustainability from producers from third countries.
Amendment 97 #
2022/0089(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A Union application for the registration of a geographical indication shall be submitted to the Commission electronically, through a digital system. The digital system shall have the capacity to allow the submission of applications to national authorities of a Member State, and to be used by the Member State in its national procedure. Where applicable, this application may be done through the regional authority of the geographical indication. This submission shall comprise all the official languages of Member States.
Amendment 102 #
2022/0089(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) requests the Commission to suspend the scrutiny because national administrative or judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.
Amendment 103 #
2022/0089(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The exemption shall have effect until the Commission is informed by the Member State or, where applicable, the region that the original application has been restored or that the Member State or the region withdraws its request for suspension.
Amendment 104 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Within 3 months from the date of publication in the Official Journal of the European Union of the single document and the reference to the product specification pursuant to Article 17(4), the authorities of a Member State or where applicable a region, or of a third country, or a natural or legal person having a legitimate interest, established or resident in a third country, may lodge an opposition or a notice of comment with the Commission.
Amendment 105 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Within 1 month from the end of the consultations referred to in paragraph (4), the applicant producer group established in the third country or the authorities of the Member State or, where applicable, the region, or of the third country from which the Union application for registration was lodged shall notify the Commission of the result of the consultations, including all the information exchanged, whether agreement was reached with one or all of the opponents, and of any consequent changes to the application for registration. The authority or person that lodged an opposition to the Commission may also notify the Commission of its position at the end of the consultations.
Amendment 108 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO.
Amendment 117 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Geographical indications entered in the Union register of geographical indications and those protected by trade and economic agreements signed by the Union with third countries shall be protected against:
Amendment 138 #
2022/0089(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point d – point iii a (new)
Article 32 – paragraph 2 – point d – point iii a (new)
(iiia) share good practices, lessons learned and expertise with other producer groups;
Amendment 166 #
2022/0089(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall assist each other for the purpose of carrying out the controls and enforcement provided for in this Chapter in accordance with Regulation (EU) 2017/625. Where applicable, regions with competences in management of geographical indications shall also assist each other for the purpose of better enforcement.
Amendment 167 #
2022/0089(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. In case of a possible violation of protection conferred to a geographical indication, Member States or, where applicable, regions, shall take measures to facilitate the transmission, from law enforcement authorities, public prosecutors and judicial authorities, to the competent authorities referred in Article 39(3) of information on such possible violation.
Amendment 67 #
2022/0032(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Therefore, legislative action is needed to address existing and potential structural deficiencies in the semiconductor industry and supply chain. A framework for increasing the Union’s resilience in the field of semiconductor technologies should be established, stimulating investment, strengthening the capabilities of the Union’s semiconductor supply chain, and increasing cooperation among the Member States and, the Commission, like-minded international partners and, where applicable, European regions and local entities.
Amendment 73 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industry to structural changes due to fast innovation cycles and the need for sustainability. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience, innovation capabilities and security of supply in the field of semiconductor technologies.
Amendment 76 #
2022/0032(COD)
(4) It is necessary to take measures to build capacity and strengthen the Union’s semiconductor sector in line with Article 173(3) of the Treaty. These measures do not entail the harmonisation of national laws and regulations. In this regard, the Union should reinforce the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor sector, reducing dependence on a limited number of third country companies and geographies, while deepening coordination and cooperation in key areas among like-minded international partners, and strengthening its capacity to design and produce advanced components. The Chips for Europe Initiative (the ‘Initiative’) should support these aims by bridging the gap between Europe’s advanced research and innovation capabilities and their sustainable industrial exploitation. It should promote capacity building to enable design, production and systems integration in next generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe's semiconductor supply and value chains, serving key industrial sectors and creating new markets.
Amendment 80 #
2022/0032(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The use of semiconductors is critical for multiple economic sectors and societal functions in the Union and therefore, a resilient and secure supply is essential for the functioning of the internal market. Given the wide circulation of semiconductor products across borders, the resilience and security of supply of semiconductors can be best addressed through Union harmonising legislation based on Article 114 of the Treaty. With a view to enabling coordinated measures for building resilience, harmonised rules for facilitating the implementation of specific projects that contribute to the security of supply of semiconductors in the Union are necessary. The proposed monitoring and crisis response mechanism should be uniform to enable a coordinated approach to crisis preparedness for the cross-border semiconductor value chain.
Amendment 82 #
2022/0032(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The achievement of these objectives will be supported by a governance mechanism. At Union level, this Regulation establishes a European Semiconductor Board, composed of representatives of the Member States, regions, observers from the European Parliament, and chaired by the Commission. The European Semiconductor Board will provide advice to and assist the Commission on specific questions, including the consistent application of this Regulation, facilitating cooperation among Member States and, where applicable, regions, and exchanging information on issues relating to this Regulation. The European Semiconductor Board should be included within the administration of the Commission and managed by it, and should hold separate meetings for its tasks under the different chapters of this Regulation. The different meetings may include different compositions of the high-level representatives and the Commission may establish subgroups in order to monitor certain aspects of the semiconductor industry and market, such as computers with high and very high levels of performance (supercomputers).These subgroups should count on specialists of the industry, market and technology linked to the scope of the subgroup.
Amendment 87 #
2022/0032(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Given the globalised nature of the semiconductor supply chain, international cooperation with third countries is an important element to achieve a resilience of the Union’s semiconductor ecosystem. The actions taken under this Regulation should also enable the Union to play a stronger role, as a centre of excellence, in a better functioning global, interdependent semiconductors ecosystem. The Commission, assisted by the European Semiconductor Board, should cooperate and build partnerships with third countries with a view to seeking solutions to address, to the extent possible, disruptions of the semiconductor supply chain, especially with like-minded partners with whom the Union has achieved very developed trading relations. Finally, the European Semiconductor Board should monitor the development of a market of recycled semiconductors.
Amendment 94 #
2022/0032(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The semiconductor sector is characterised by very high development and innovation costs and very high costs for building state of the art testing and experimentation facilities to support the industrial production. This has direct impact on the competitiveness and innovation capacity of the Union industry, as well as on the security and resilience of the supply. In light of the lessons learnt from recent shortages in the Union and worldwide and the rapid evolution of technology challenges and innovation cycles affecting the semiconductor value chain, it is necessary to strengthen the Union’s competitiveness, resilience and innovation capacity by setting up the Initiative. Especially disruptive are the increasing fluctuations in order within supply chains, with several causes such as order synchronisations, shortage gaming, overreactive ordering all over the world, as ways to counter other disruptions caused by health, trading or financial reasons.
Amendment 96 #
2022/0032(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to equip the Union with the semiconductor technology research and innovation capacities needed to maintain its research and industrial investments at a leading edge, and bridge the current gap between research and development and manufacturing, the Union and its Member States should better coordinate their efforts and co-invest. To achieve this, the Union and Member States, should take into consideration the twin digital and green transition goals, taking also into account those projects that are done both at regional and local levels and to duly disseminate the information on lessons learned and good practices. The Initiative throughout all components and actions, to the extent possible, should mainstream and maximise the benefits of application of semiconductor technologies as powerful enablers for the sustainability transition that can lead to new products and more efficient, effective, clean and durable use of resources, including energy and materials necessary for production and the whole lifecycle use of semiconductors.
Amendment 98 #
2022/0032(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) (1) In order to achieve its general objective, and address both the supply and demand side challenges of the current semiconductor ecosystem, the Initiative should include five main components. First, to reinforce Europe’s design capacity, the Initiative should support actions to build a virtual platform that is available across the Union. The platform should connect the communities of design houses, SMEs and start-ups, intellectual property and tool suppliers, with research and technology organisations to provide virtual prototype solutions based on co- development of technology. Managed by the Commission, this virtual platform should build both a centralised version and assess whether a decentralised version on blockchain could also be necessary. Second, in order to strengthen the security and resilience of supply and reducing the Union’s dependency on third country production, the Initiative should support development and access to pilot lines. The pilot lines should provide for the industry a facility to test, experiment and validate semiconductor technologies and system design concepts at the higher technology readiness levels beyond level 3 but under level 8 while reducing environmental impacts as much as possible. Union investments along Member States investment and, where applicable, region investment, and with the private sector in pilot lines is necessary to address the existing structural challenge and market failure where such facilities are not available in the Union hindering innovation potential and global competitiveness of the Union. Good practices from existing hub prior to the setting of the new pilot lines should be standardised and disseminated all over the Union. Third, in order to enable investments in alternative technologies, such as quantum technologies, conducive to the development of the semiconductors sector, the Initiative should support actions including on design libraries for quantum chips, pilot lines for building quantum chips and testing and experimentation facilities for quantum components. The Initiative should also support other conducive and complementary technologies to the development of semiconductors, such as artificial intelligence, the Internet of Things, orWeb3.Fourth, in order to promote the use of the semiconductor technologies, to provide access to design and pilot line facilities, and to address skills gaps across the Union, the Initiative should support establishment of the competence centres on semiconductors in each Member State, building from standardised knowledge and expertise from already existing hubs prior to the setting of the Initiative. Access to publicly funded infrastructure, such as pilot and testing facilities, and to the competence network, should be open to a wide range of users and must be granted on a transparent and non-discriminatory basis and on market terms (or cost plus reasonable margin basis) for large undertakings, while SMEs and academic organisations like universities or technical schools can benefit from preferential access, or reduced prices partially or totally. Such access, including for international research and commercial partners, can lead to broader cross- fertilisation and gains in know-how and excellence, while contributing to cost recovery. Fifth, Tthe Commission should set-up a dedicated semiconductor investment facility support (as part of the investment facilitation activities described collectively as the ‘Chips Fund’) proposing both equity and debt solutions, including a blending facility under the InvestEU Fund established by Regulation (EU) 2021/523 of the European Parliament and Council53 , in close cooperation with the European Investment Bank Group and together with other implementing partners such as national promotional banks and institutions. The ‘Chips Fund’ activities should support the development of a dynamic and resilient semiconductor ecosystem by providing opportunities for increased availability of funds to support the growth of start-ups and, SMEs, specialised academic organisations as well as investments across the value chain, including for other companies in the semiconductor value chains. In this context, the European Innovation Council will provide further dedicated support through grants and equity investments to high risk, market creating innovators. _________________ 53 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30)The Chips Fund should also avoid demanding excessive administrative processes to the aforementioned possible applicants. In order to prepare and assist participants in the semiconductor industry and supply chain, the Commission should provide clear guidelines in the form of a specific Chips Fund Work Programme, including guidance on admissibility and eligibility conditions with clear deadlines, and the criteria for financial operational capacity and exclusion, information on mandatory documents, and assessment procedures. The Commission should also provide guidance on registry procedures and submit applications online via a specific and dedicated Chips Fund Portal, including guidance on preparing the applications and information on the structure, budget and political priorities of the Chips Fund. SMEs should have a dedicated space within this Chips Fund Portal.
Amendment 100 #
2022/0032(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to overcome the limitations of the current fragmented public and private investments efforts, facilitate integration, cross-fertilisation, and return on investment on the ongoing programmes and to pursue a common strategic Union vision on semiconductors as a means to realising the ambition of the Union and of its Member States to ensure a leading role in the digital economy, the Chips for Europe Initiative should facilitate better coordination and closer synergies between the existing funding programmes at Union and national and, where applicable, regional levels, better coordination and collaboration with industry and key private sector stakeholders and additional joint investments with Member States. The implementation set up of the Initiative is built to pool resources from the Union, Member States and third countries associated with the existing Union Programmes, as well as the private sector. The success of the Initiative can therefore only be built on a collective effort by Member States, with the Union, to support both the significant capital costs and the wide availability of virtual design, testing and piloting resources and diffusion of knowledge, skills and competences. Where appropriate, in view of the specificities of the actions concerned, the objectives of the Initiative, specifically the ‘Chips Fund’ activities, should also be supported through a blending facility under the InvestEU Fund. The concepts and goals of this Regulation should be supported with significant new financial provisions for the design, experimentation, and testing of advanced and evolving existing and complementary technologies and products within the Union's semiconductor industry.
Amendment 102 #
2022/0032(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Support from the Initiative should be used to address market failures or sub- optimal investment situations in a proportionate manner, and actions should not duplicate or crowd out private financing or distort competition in the internal market. Actions should have a clear added value for the Union. These market failures may arise from diverse and complex events across the semiconductor supply chain, as we have seen during the COVID-19 pandemic and the overreliance of the Union on key production steps in this supply chain. Market failures therefore encompass internalities such as asymmetric information among some stakeholders of the supply chain; externalities costs or benefits transmitted between economic agents, without an agreed transaction between them; imperfections of competition, such as deviations or distortions due to market power; or the involvement of public goods from either intra-European public stakeholders or third countries over subsidising their own agents, and such involvement is characterised by non appropriability of adequate revenues and non-excludability in consumption.
Amendment 103 #
2022/0032(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) Such market failures and/or sub- optimal investment situations should be accordingly defined by the Commission with the assistance of the European Semiconductor Board.
Amendment 104 #
2022/0032(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The Initiative should build upon the strong knowledge base and enhance synergies with actions currently supported by the Union and Member States and regions through programmes and actions in research and innovation in semiconductors and in developments of part of the supply chain, in particular Horizon Europe and the Digital Europe programme established by Regulation (EU) 2021/694 of the European Parliament and of the Council54 with the aim by 2030, to reinforce the Union as global player in semiconductor technology and its applications, with a growing global share in manufacturing. Complementing those activities, the Initiative would closely collaborate with other relevant stakeholders, including with the Industrial Alliance on Processors and Semiconductor Technologies. _________________ 54 Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240. (OJ L 166, 11.5.2021, p. 1).
Amendment 105 #
2022/0032(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) With a view to accelerating implementation of the actions of the Initiative, it is necessary to provide an option of implementing some of the Initiative actions, in particular on pilot lines, through a new legal instrument, the European Chips Infrastructure Consortium (ECIC). The ECIC should have legal personality. This means that when applying for the actions to be funded by the Initiative, the ECIC itself, and not individual entities forming the ECIC, can be the applicant. The main aim of the ECIC should be to encourage effective and structural collaboration between legal entities, including Research and Technology Organizations. For this reason, the ECIC has to involve the participation of at least three legal entities from three Member States and be operated as a public- private sector consortium for a specific action. The setting up of ECIC should not involve the actual setting up of a new Union body and should not be targeted at one specific action under the Initiative. The ECIC should also be able to assist source semiconductor materials from their original sources as well as from other sources, and to assist in the development of recycled semiconductors. It should address the gap in the Union’s toolbox to combine funding from Member States, the Union budget and private investment for the purposes of implementing actions of the Initiative. In particular, strong synergies can be attained through combined development of the different pilot lines in an ECIC, pooling the Union’s contribution with the collective resources of the Member States and other participants, like regions, local entities, or specialised academic institutions. The budget of the ECIC that would be made available by Member States and private sector participants over its projected period of operation should respect the timeframes of the actions implemented under this Initiative. The Commission should not be directly a party in the Consortium.
Amendment 106 #
2022/0032(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Integrated Production Facilities and Open EU Foundries should provide semiconductor manufacturing capabilities that are “first-of-a-kind” in the Union and contribute to the security of supply and to a resilient ecosystem in the internal market. The qualifying factor for the production of a first-of-a-kind facility could be with regard to the technology node, substrate material, such as silicon carbide and gallium nitride, and other product innovation that can offer better performance, process technology or energy and environmental performance. A facility of a comparable capability on an industrial scale should not yet substantively be present or committed to be built within the Union, excluding facilities for research and development or small-scale production sites. First-of-a-kind facilities should be able to source these semiconductor materials from their original sources as well as from other sources, which could be used to develop recycled semiconductors.
Amendment 109 #
2022/0032(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Where an Open EU Foundry offers production capacity to undertakings not related to the operator of the facility, the Open EU Foundry should establish, implement and maintain adequate and effective functional separation in order to prevent the exchange of confidential information between internal and external production. This should apply to any information gained in the design and in the front-end or back-end manufacturing processes. and, where relevant, the ability to contribute to global supply.
Amendment 110 #
2022/0032(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To allow for a uniform and transparent procedure to attain recognition as an Integrated Production Facility and Open EU Foundry, the recognition decision should be adopted by the Commission following the application by an individual undertaking or a consortium of several undertakings. To account for the importance of a coordinated and cooperated implementation of the planned facility, the Commission should take into account in its assessment the readiness of the Member State or Member States where the applicant intends to establish its facilities to support the set-up. Furthermore, when assessing the viability of the business plan, the Commission could take into account the overall record of the applicant. In light of the privileges attached to recognition as an Integrated Production Facility or Open EU Foundry, the Commission should monitor whether facilities that have been granted this status continue to comply with the criteria set out in this Regulation. To that end, both Integrated Production Facilities and Open EU Foundries should seek and establish joint ventures, both between participants having the same label, and between these two labels.
Amendment 118 #
2022/0032(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Any relevant findings, including information provided by relevant stakeholders and industry associations, should be provided to the European Semiconductor Board to allow for a regular exchange of information between high- level representatives of Member States and for integration of the information into a monitoring overview of the semiconductor value chains. The European Semiconductor Board should also take into account the objectives of the EU Critical Raw Materials Initiative as part of its supply chain monitoring, which should include impact assessments of any relocation of raw materials and component suppliers operating outside of the Union.
Amendment 121 #
2022/0032(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) Regarding raw materials necessary for the production and fabrication of semiconductors, these range from silicon, germanium and gallium arsenide to silicon carbide. These different semiconductor materials are those whose electrical connectivity falls between that of an insulator and a conductor. They are able to manipulate their behaviour by introducing impurities into their crystal structure, known as doping. Semiconductor devices may be discrete in nature, such as transistors and diodes, or highly interconnected, where a series of electronic circuits are diffused into the surface of a thin slice of semiconductor material, called a wafer, to form an integrated circuit. The chemical purity of the semiconductor material is key to their effective operation.
Amendment 127 #
2022/0032(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory linked or not with third countries’ actors, and notify this information to the Commission.
Amendment 133 #
2022/0032(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) As part of the monitoring, Member States could specifically consider the availability and integrity of the services and goods of key markets actors. Such issues cshould be brought to the attention of the European Semiconductor Board by the Member State concerned. The European Semiconductor Board and the Commission should establish mechanisms to provide guidance to industry on monitoring and reporting, in particular to start-ups and SMEs, especially through the Chips Fund Portal.
Amendment 140 #
2022/0032(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Appropriate, effective and proportionate measures should be identified and implemented when the crisis stage is activated without prejudice to possible continued international engagement with relevant partners with the view to mitigating the evolving crisis situation. Where appropriate, the Commission should request information from undertakings along the semiconductor supply chain. Furthermore, the Commission should be able to, where necessary and proportionate, oblige Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of the production of crisis-relevant products, and to act as a central purchasing body when mandated by Member States, following a delegated act. The Commission could limit the measures to certain critical sectors. In addition, the European Semiconductor Board may advise on the necessity of introducing an export control regime pursuant to Regulation (EU) 2015/479 of the European Parliament and of the Council60 . The European Semiconductor Board may also assess and advise on further appropriate and effective measures. The use of all these emergency measures should be proportionate and restricted to what is necessary to address the significant disturbances at stake insofar as this is in the best interest of the Union. The Commission should regularly inform the European Parliament and the Council of the measures taken and the underlying reasons. The Commission may, after consulting with the Board, issue further guidance on the implementation and use of the emergency measures. _________________ 60 Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (OJ L 83, 27.3.2015, p. 34).
Amendment 149 #
2022/0032(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Under the exceptional circumstance that an undertaking operating along the semiconductor supply chain in the Union receives a priority rated order request from a third country, it should inform the Commission of this request, so as to inform an assessment of whether, if there is a significant impact on the security of supply to critical sectors, and the other requirements of necessity, proportionality and legality are satisfied in the circumstances of the case, the Commission should likewise enact a priority rated order obligation through a delegated act.
Amendment 150 #
2022/0032(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) When the crisis stage is activated, two or more Member States could mandate the Commission to aggregate demand and act on their behalf for their public procurement in the public interest, in accordance with existing Union rules and procedures, leveraging its purchasing power. Where appropriate, regions, local entities, or coalitions or associations of the former, should be able to demand their respective Member States to mandate it. The mandate could authorise the Commission to enter into agreements concerning the purchase of crisis-relevant products for certain critical sectors. The Commission should assess for each request the utility, necessity and proportionality in consultation with the Board. Where it intends to not follow the request, it should inform the concerned Member States and the Board and give its reasons. Furthermore, the participating Member States should be entitled to appoint representatives to provide guidance and advice during the procurement procedures and in the negotiation of the purchasing agreements. The deployment and use of purchased products should remain within the remit of the participating Member States.
Amendment 152 #
2022/0032(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to facilitate a smooth, effective and harmonised implementation of this Regulation, cooperation and the exchange of information, the European Semiconductor Board should be established within the relevant administrative echelons of the Commission. The European Semiconductor Board should provide advice to and assist the Commission on specific questions. These should include providing advice on the Chips for Europe Initiative to the Public Authorities Board of the Chips Joint Undertaking; exchanging information on the functioning of the Integrated Production Facilities and Open EU Foundries; discussing and preparing the identification of specific sectors and technologies with potential high social impact and respective security significance in need of certification for trusted products and addressing coordinated monitoring and crisis response. Furthermore, the European Semiconductor Board should ensure the consistent application of this Regulation, facilitate cooperation between Member States as well as exchange of information on issues relating to this Regulation. The European Semiconductor Board should support the Commission in international cooperation in line with international obligations, including in information gathering and crisis assessment. In addition, the European Semiconductor Board should coordinate, cooperate and exchange information with other Union crisis response and crisis preparedness structures with a view to ensure a coherent and coordinated Union approach as regards crisis response and crisis preparedness measures for semiconductor crises. Finally, at the invitation of the European Semiconductor Board, like-minded international partners, as well as the World Trade Organisation, should be able to attend meetings and exchange information within the structures of the Board.
Amendment 155 #
2022/0032(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) A representative of the Commission should chair the European Semiconductor Board. Each Member State’s national single point of contact should appoint at least one high-level representative to the European Semiconductor Board, whose Secretariat should be part of the Commission administration. They could also appoint different representatives in relation to different tasks of the European Semiconductor Board, for example, depending on which Chapter of this Regulation is discussed in the meetings of the European Semiconductor Board. The Commission may establish sub-groups and should be entitled to establish working arrangements by inviting experts to take part in the meetings on an ad hoc basis or by inviting organisations representing the interests of the Union semiconductors industry, such as the Industrial Alliance on Processors and Semiconductor Technologies, in its sub-groups as observers.
Amendment 156 #
2022/0032(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Member States hold a key role in the application and enforcement of this Regulation. In this respect, each Member State should designate one or more national competent authorities for the purpose of effective implementation of this Regulation and ensure that those authorities are adequately empowered and resourced. Member States could designate an existing authority or authorities. In order to increase organisation efficiency in the Member States and to set an official point of contact vis-a-vis the public and other counterparts at Member State and Union levels, including the Commission and the European Semiconductor Board, each Member State should designate, within one of the authorities it designated as competent authority under this Regulation, one national single point of contact responsible for coordinating issues related to this Regulation and cross-border cooperation with competent authorities of other Member States. Any breach of this confidentiality should result in a full investigation by the Commission, and if and where necessary, the Commission should revise the practical arrangements and guidance for the treatment of confidential information.
Amendment 164 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘first-of-a-kind facility’ means an industrial facility capable of semiconductor manufacturing, including front-end or back-end, or both, that is not substantively already present or committed to be built within the Union, for instance with regard to the technology node, substrate material, such as silicon carbide and gallium nitride, and other product innovation that can offer better performance, process innovation or energy and environmental performance. The project shall contribute to a common objective by supporting a strategic value chain and enabling security of supply for the future of the Union's semiconductor industry;
Amendment 172 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16 a) ‘crisis’ means a serious disruption to the supply of semiconductors due to a marketfailure or a sub-optimal investment situation, leading to a significantshortage of products or services within the supply chain which may result in areal threat to the functioning, health, security and defence of theinfrastructure, economy, institutions, regions, Member States and citizens ofthe Union;
Amendment 184 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point 2 a (new)
Article 4 – paragraph 2 – point b – point 2 a (new)
(2 a) supporting other conducive and complementary technologies to the development of semiconductors, such as quantum technology, the Internet of Things, or Web3;
Amendment 186 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point 2
Article 4 – paragraph 2 – point d – point 2
(2) address the skills shortage, attracting and mobilising new talent and supporting the emergence of a suitably skilled workforce for strengthening the semiconductor sector, including via reskilling and upskilling of workers. through, inter alia, increasing programmes for attracting third-country talent through initiatives such as the 'EU Talent Pool' and the European Skills Agenda, and seek to streamline market tests in the semiconductor ecosystem to better facilitate attracting and developing skills to realise the objectives of this Regulation; with an emphasis on support for academic and reskilling programmes and qualification, up to Master and PhD level in the area of STEM (Science, Technology, Engineering, and Mathematics);
Amendment 189 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point 2 a (new)
Article 4 – paragraph 2 – point d – point 2 a (new)
(2 a) establish joint educational and reskilling ventures and exchanges with like-minded international partners which have developed expertise and efficiency in semiconductor manufacturing;
Amendment 190 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – point 3
Article 4 – paragraph 2 – point e – point 3
(3) accelerating and improving accessibility to investment in the field of semiconductor manufacturing technologies and chip design and to leveraging funding from both the public and the private sectors, while increasing the security of supply for the whole semiconductor value chain. The Commission shall facilitate clear guidance and access points, especially to SMEs, start-ups, or scale-ups in accessing public and private funds.
Amendment 193 #
2022/0032(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) ‘Chips Fund’ activities for access to debt financing and equity to start-ups, scale-ups, SMEs and other companies in the semiconductor value chain throughout the Union.
Amendment 195 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) have one or more statutory seats, which shall be located on the territory of one or more Member States, taking into account the geographical diversity of the Union in order to avoid the centralisation of these seats in a determined geographical area of the Union;
Amendment 196 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(c a) be able to assist source semiconductor materials from their original sources aswell as from other sources;
Amendment 197 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c b (new)
Article 7 – paragraph 2 – point c b (new)
(c b) assist in the development of recycled semiconductors;
Amendment 198 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) the draft Statutes of the ECIC that shall include at least the provisions on: the procedure for setting-up, membership, budget, legal seat, applicable law and jurisdiction, ownership of the results, governance, including decision making procedure and specific role and if applicable voting rights of Member States and the Commission, winding-up, reporting and liability. Where applicable, the ECIC shall also take into account the opinion of regions, local entities, or specialised academic institutions.
Amendment 199 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. The ECIC shall produce an annual activity report, containing a technical description of its activities and financial statement. The annual activity report shall be transmitted to the Commission and made publicly available. The Commission may provide recommendations regarding the matters covered in the annual activity report, which shall be duly presented to the European Parliament.
Amendment 200 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purpose of implementing actions under the Initiative’s component referred to in Article 5, point (d), a European network of competence centres in semiconductors (the ‘network’) mayshall be established.
Amendment 201 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. With respect to the implementation of actions under the Initiative’s component referred to in Article 5, point (d), the network may perform all or some of the following activities to the benefit of the Union industry, in particular SMEs, start- ups, scale-ups, and mid-caps, as well as the public sector:
Amendment 202 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) raising awareness and providing or ensuring access to expertise, knowhow and services, including system design readiness, new and existing pilot lines and supporting actions necessary to build skills and competences capacities supported by this Initiative. The Commission shall provide clear guidelines about the protection of valuable intellectual property, and the prevention of unauthorised access to confidential and sensitive business, financial, economic and security information or trade secrets.;
Amendment 209 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Integrated Production Facilities are first-of-a-kind semiconductor design and manufacturing facilities, including front- end or back-end, or both, in the Union that contribute to the security of supply for the internal market and, where relevant, the ability to contribute to global supply.
Amendment 211 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d a (new)
Article 10 – paragraph 2 – point d a (new)
(d a) it is able to source semiconductor materials from their original sources as wellas from other sources;
Amendment 212 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d b (new)
Article 10 – paragraph 2 – point d b (new)
(d b) it develops recycled semiconductors.
Amendment 214 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Open EU Foundries are first-of-a- kind semiconductor front-end or back-end, or both, manufacturing facilities in the Union that offer production capacity to unrelated undertakings and thereby contribute to the security of supply for the internal market and, where relevant, the ability to contribute to global supply.
Amendment 217 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(d a) it is able to source semiconductor materials from their original sources as well as from other sources;
Amendment 218 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d b (new)
Article 11 – paragraph 2 – point d b (new)
(d b) it develops recycled semiconductors.
Amendment 220 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
(c a) willingness to seek and establish joint ventures, both between participants having the same label, and between these two labels;
Amendment 231 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point b a (new)
Article 15 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) take into account the objectives of the EU Critical Raw Materials Initiative as part of its supply chain monitoring, which shall include impact assessments of anyrelocation of raw materials and component suppliers operating outside of theUnion.
Amendment 241 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point a – introductory part
Article 15 – paragraph 5 – point a – introductory part
(a) convene an urgent and extraordinary meeting of the European Semiconductor Board to coordinate the following actions:
Amendment 260 #
2022/0032(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. The European Semiconductor Board and the Commission shall establish mechanisms toprovide guidance to industry on monitoring and reporting, in particular to start-ups and SMEs, especially through the Chips Fund Portal.
Amendment 291 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(d a) monitoring the development of a market of recycled semiconductors;
Amendment 300 #
2022/0032(COD)
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3 a. The Secretariat of the European Semiconductor Board shall be part of the Commission.
Amendment 301 #
2022/0032(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission may appoint observers to take part in the meetings, as appropriate. The Commission may invite experts with specific expertise, including from relevant stakeholder organisations, with respect to a subject matter on the agenda to take part in the meetings of the European Semiconductor Board on an ad hoc basis. The Commission may facilitate exchanges between the European Semiconductor Board and other Union bodies, offices, agencies and advisory groups. The Commission shall invite a representative from the European Parliament as an observer to the European Semiconductor Board. The Commission shall ensure the participation of relevant other Union institutions and bodies as observers to the European Semiconductor Board with respect to meetings concerning Chapter IV on monitoring and crisis response. Observers and experts shall not have voting rights and shall not participate in the formulation of opinions, recommendations or advice of the European Semiconductor Board and its sub-groups. At the invitation of the European Semiconductor Board, like- minded international partners, as well as the World Trade Organisation, shall attend meetings and exchange information within the structures of the Board, which shall provide them with the necessary confidentiality criteria in order to attend to these meetings.
Amendment 305 #
2022/0032(COD)
Proposal for a regulation
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5 a. Where appropriate, regions, local entities, or coalitions or associations of the former, shall be able to demand their respective Member States to mandate the Commission to aggregate demand and act on their behalf for their public procurement in the public interest, in accordance with existing Union rules and procedures, leveraging its purchasing power.
Amendment 25 #
2021/2200(INI)
Motion for a resolution
Recital D
Recital D
D. whereas geopolitical competition between the United States and China continues to rise with significant effects on global trade; whereas the current invasion of Ukraine by the Russian Federation has severed the relations between the US and China significantly, posing threats and tensions to global supply chains that have been suffering ever since the beginning of the COVID–19pandemic;
Amendment 27 #
2021/2200(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas prices of cereals have risen by 3% month-on-month and 14,8% year-on-year in February 2022 due to the Russian invasion of Ukraine, a major exporter of cereals also in the Indo- Pacific, according to the UN Food and Agriculture Organization; whereas South Asia is amongst the regions most affected by the upcoming cereal shortage due to invasion of Ukraine by the Russian Federation;
Amendment 29 #
2021/2200(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the Russian invasion of Ukraine may pose new difficulties to the economic and social integration of some regional associations of the Indo-Pacific such as ASEAN; whereas Russia is the largest supplier of arms to the region and an ASEAN dialogue partner, as well as a key source of support for the military junta of Myanmar;
Amendment 31 #
2021/2200(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Comprehensive and Progressive Agreement for Trans-Pacific Partnership is an open, 21st century trade agreement that aims to secure a level playing field and rules-based trade environment in the Indo-Pacific, has the potential to unleash important changes for global and regional economies, and provides a model of regional trade integration; whereas the US withdrew from the agreement in January 2017 while China formally submitted a request to accede in September 2021; whereas the CPTPP could generate annual global income gains ranging 147 billion USD to 1,2 trillion USD in the period until 2030
Amendment 33 #
2021/2200(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the UK has signalled its intention to join the CPTPP, making it the first European country flagging such interest; whereas the One China Policy might pose a major difficulty, or even impossibility, for Taiwan to join due to China’s will to cement its regional and economic footprint for its own development goals as well as to counterbalance diplomatic pressure from the US; whereas by formally tying its economy more tightly with trans-Pacific supply chains, China hopes to frustrate the US’s campaign to force third countries to choose a side between the two;
Amendment 36 #
2021/2200(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas more than sixty years ago, the Morning Star flag was officially raised for the first time in West Papua, and after an intriguing process of decolonisation from the Netherlands, West Papua was annexed by Indonesia in 1963; whereas for the past six decades, all Indonesian governments have been accused of indulging in policies against the West Papuan population, which could be defined as genocide; whereas in 2020, 418 new West Papuan political prisoners were recorded as having been taken into custody and 106 remain under detention awaiting trial or have been given long prison sentences, such as Victor Yeimo, an independence movement symbol, who has been charged with treason; whereas continuous violations of human rights in West Papua are denounced every year in reports by the UN High Commissioner for Human Rights, Amnesty International and Human Rights Watch; whereas the EU signed a framework agreement with Indonesia in 2014 wherein ‘human rights’ were mentioned up to 17 times, and since 2016, ten negotiation rounds have taken place for an EU–Indonesia free trade agreement;
Amendment 38 #
2021/2200(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas Bougainville celebrated a self-determination non-binding referendum in 2019 with 98% in favour of independence; whereas Papua-New Guinea is still considering how to manage the next steps and Bougainville wishes to gain independence by 2027;
Amendment 39 #
2021/2200(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
F c. whereas New Caledonia has celebrated three referenda for its self- determination; whereas the third referendum was held on 12 December 2021 with the boycott by most of the Kanak population who are demanding a fourth referendum;
Amendment 46 #
2021/2200(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the adoption of blockchain technology may be vital in driving transparency in supply chains, traditionally a paper-intensive affair, since blockchain is an innovative system for recording data, offers the convenience of quickly tracking location, price, quality and certification of products across supply chains, can reassure consumers about the origins of their purchases, can be used to identify counterfeits;
Amendment 51 #
2021/2200(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas an expanding breed of e- commerce enablers might help businesses digitalise their operations and finances in the Indo-Pacific, especially in South and South-East Asia, where young, steadily expanding populations keep driving growth; whereas some leading Asian fast- growing logistics companies are foreseeing to go public during 2022, showing the ever-increasing strength of Indo-Pacific offline and online retail markets;
Amendment 58 #
2021/2200(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Acknowledges that the illegal invasion of Ukraine by the Russian Federation is causing a lasting fracture in global supply chains, especially between Europe and Asia, including the Indo-Pacific; urges the Commission to propose for measures to counterbalance this fracture in order to complement the legal and policy measures already taken; stresses that these measures should ensure the EU’s self- reliance, diversification, and strategic autonomy;
Amendment 68 #
2021/2200(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Believes that the Union sets standards, and incentivises, through, inter alia, the Chapters on Trade and Sustainable Development (TSD) embedded in the free trade agreements (FTAs), or the Generalised Scheme of Preferences (GSP); considers that TSD Chapters and FTAs or any other economic partnership are means for the Union and third countries to achieve a democratic society based on the Rule of Law; believes that the Union should prioritise trade agreements with established democracies abiding with the Rule of Law;
Amendment 75 #
2021/2200(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Urges the Commission to foster strong ties with the CPTPP and RCEP forthcoming members and to create a lasting dialog between them and the EU; wishes Taiwan to be able to apply and join the CPTPP accordingly;
Amendment 78 #
2021/2200(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Urges the Commission to encourage France to continue defending the right to self-determination of New Caledonia and to grant it a fourth referendum on that matter in order to involve the Kanak population;
Amendment 79 #
2021/2200(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Urges the Commission and the External Action Service to encourage the government of Papua-New Guinea to implement the result of the self- determination consultative referendum held in Bougainville in 2019;
Amendment 92 #
2021/2200(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers that the revision of the General System of Preferences is a valuable tool to foster good practices and increase trade output of the Union’s partners also from the Indo-Pacific region;
Amendment 93 #
2021/2200(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Recalls that implementation of all aspects of the FTAs, including labour rights and sustainable development and tackling climate change, should be made; urges the Commission to evaluate together with the Parliament through its Committee of International Trade; stresses that the Parliament should have a stronger role in assessing the implementation of FTAs vis-à-vis the Commission and the Council;
Amendment 105 #
2021/2200(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Believes that the EU should prioritize trade and investment deals with democratic third countries over other kind of regimes, particularly in the Asian continent;
Amendment 107 #
2021/2200(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
Amendment 108 #
2021/2200(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Calls on economic sanctions on European governmental and commercial organisations implicated in human rights violations and abuses perpetrated in third countries with strong commercial ties with the Union, in order to prevent and discourage complicity with human rights' violations that may constitute crimes against humanity under international law;
Amendment 126 #
2021/2200(INI)
12. Acknowledges that the discussions on the ratification of the Comprehensive Investment Agreement between the EU and China have been put on hold in the European Parliament for the moment because of, inter alia, the sanctions imposed by China to some Members of the European Parliament and other Union officials and stakeholders, as well as due to China’s aggressive behaviour vis-à-vis Lithuania; believes, however, that despite our differences we should continue to maintain dialogue at all levels and through various channels to be able to understand each others positions and in particular to find a way out of the present situation;
Amendment 130 #
2021/2200(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls the Commission to take measures on those companies which are currently benefitting from the forced labour camps in Xinjiang and Tibet, where thousands of Uyghur and Tibetan citizens are forced to work on the production of goods that later on are part of the supply chains of certain European and global companies;
Amendment 131 #
2021/2200(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Calls on the Commission to establish a streamlined mechanism on the Union side that gives civil society the opportunity to lodge a complaint when third countries do not comply with the sustainability commitments in bilateral trade agreements; calls on the Commission to draft an action plan in the field of International Corporate Social Responsibility (ICSR);
Amendment 132 #
2021/2200(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Urges the Commission and the External Action Service to defend the rights of the people of Hong Kong, Xinjiang, Tibet and Inner Mongolia;
Amendment 139 #
2021/2200(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the EU to launch a structured dialogue with Taiwan on cooperating in green technology and digital economy, including the semiconductor industry, with a view to signing a memorandum of understanding that benefits both the EU and Taiwan; repeats that the Commission should begin an impact assessment, public consultation and scoping exercise on a bilateral investment agreement with Taiwan in preparation for negotiations to deepen bilateral economic ties; calls on the Commission to start negotiations for a Bilateral Investments Agreement with Taiwan;
Amendment 170 #
2021/2200(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Notes that the Union should work with multilateral organisations, such as the WTO, and likeminded partners, on combating misinformation about disruptive new technologies such as genetic engineering, nanotechnology and artificial intelligence, as well as by holding negotiations on global challenges, such as climate change and pandemics, that need global collaboration to be solved;
Amendment 39 #
2021/2186(INI)
Motion for a resolution
Recital A
Recital A
Amendment 48 #
2021/2186(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas sexual orientation and gender identity have increasingly been recognised as discrimination grounds in international law. Under EU law, lesbian, bisexual and gay people are currently protected from discrimination on the ground of sexual orientation only in the field of employment as expressed on article 21 of the EU Charter of Fundamental Rights explicitly prohibits discrimination based on sexual orientation and also on article 19 of the Treaty on the Functioning of the European Union allows for taking action to combat this type of discrimination.
Amendment 88 #
2021/2186(INI)
Motion for a resolution
Recital B
Recital B
Amendment 91 #
2021/2186(INI)
Motion for a resolution
Recital C
Recital C
Amendment 102 #
2021/2186(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 145 #
2021/2186(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 148 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 – point 1 (new)
Paragraph 2 – point 1 (new)
(1) Expresses its concerns that in many EU Member States, lesbian, gay, bisexual, transgender and intersex (LGBTI) people run the risk of discrimination and harassment on a daily basis; Highlights that prejudices and misconceptions about homosexuality and transgender people further fuel intolerant attitudes and behaviour towards this community.
Amendment 149 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 – point 2 (new)
Paragraph 2 – point 2 (new)
(2) Reminds that due to the differences between EU Member States in legal recognition for same-sex couples, LGBTI individuals and their families may encounter difficulties when travelling, moving to or residing in other EU Member States that different-sex couples do not experience.
Amendment 150 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 – point 3 (new)
Paragraph 2 – point 3 (new)
(3) Highlights that in some Member States, Public Administrations cannot display unofficial flags and any sign of support to of the rights of LGBTI. Expresses grace concern about the fact that in Spain this has been established by t the Supreme Court, which has established as a doctrine that the use of unofficial flags outside buildings and public spaces in a clear violation of freedom of expression. 1a __________________ 1a https://elpais.com/espana/2020-06- 01/el-supremo-establece-que-ninguna- administracion-publica-puede-utilizar- banderas-no-oficiales-en-el-exterior-de- sus-edificios.html
Amendment 151 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 – point 4 (new)
Paragraph 2 – point 4 (new)
(4) Considers that EU institutions should make a great effort with national and linguistic minorities and grant the fundamental rights of the 50 million European citizens that speak a non- official EU language and should ensure that knowledge of these languages is treated at least on equal basis with other languages in the internal processes of EU institutions.
Amendment 152 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 – point 5 (new)
Paragraph 2 – point 5 (new)
Amendment 198 #
2021/2186(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 218 #
2021/2186(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 223 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 – point 1 (new)
Paragraph 5 – point 1 (new)
(1) Calls the Commission to ensure that the right to freedom of assembly is duly protected in all Member States where it is being threatened.
Amendment 224 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 – point 2 (new)
Paragraph 5 – point 2 (new)
(2) Highlights that promoting and upholding the Rule of Law requires vigilance and constant improvement, because there is always a risk of backsliding; Considers that the Rule of law guarantees fundamental rights and values, allows the application of EU law, and supports an investment-friendly business environment; notes that the absence of a level playing field in the EU that ensures equal rights and equal treatment for EU citizens produces discriminatory situations; stresses, moreover, that the credibility of our external policies relies on the state of the Rule of Law in the EU itself;
Amendment 225 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 – point 3 (new)
Paragraph 5 – point 3 (new)
Amendment 226 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 – point 4 (new)
Paragraph 5 – point 4 (new)
(4) Believes that the quality of public administration and the rule of law culture as reflected in the way authorities apply the law and implement court decisions are key; stresses that the fight against corruption is essential for maintaining the rule of law and preserving citizens’ trust in public institutions
Amendment 227 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 – point 5 (new)
Paragraph 5 – point 5 (new)
(5) Recognises that the Commission was encouraged by the response to the 2020 Rule of Law Report in the European Parliament and in the Council, as well as in national Parliaments; expresses deep concern about the fact that there are still one too many cases where there is not enough inter-institutional cooperation on the rule of law.
Amendment 228 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 – point 6 (new)
Paragraph 5 – point 6 (new)
Amendment 260 #
2021/2186(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 273 #
2021/2186(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 282 #
2021/2186(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 291 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 – point 1 (new)
Paragraph 9 – point 1 (new)
Amendment 292 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 – point 2 (new)
Paragraph 9 – point 2 (new)
(2) Moreover no member state has yet enacted targeted legislation against SLAPPs; stresses that these lawsuits have an impact on EU values and the internal market; highlights that SLAPPs reflect an imbalance of power and resources between claimants and defendants, which undermines the right to a fair trial; expresses its concerns for the fact that SLAPPs are being funded from state budgets, and their use in combination with other state measures against independent media outlets, journalism and civil society.
Amendment 293 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 – point 3 (new)
Paragraph 9 – point 3 (new)
Amendment 294 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 – point 4 (new)
Paragraph 9 – point 4 (new)
Amendment 295 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 – point 5 (new)
Paragraph 9 – point 5 (new)
(5) Highlights that the imprisonment of musicians like Mr Hasel is not an isolated case; recalls that another rapper Josep Miquel Arenas Beltran, also known as Valtonyc had to flee to Belgium in 2018 after being sentenced to three-and-a- half years in prison on charges of glorifying terror, insulting the Spanish monarchy and making threats in his lyrics; notes that the musician also came under fire for calling former king Juan Carlos of Spain a "thief."; notes that Juan Carlos, who abdicated in 2014, is currently facing a string of corruption allegations in several countries; recalls that at the moment Belgium’s courts have not decided on his extradition despite having resolved on the Valtonyc case that lèse majesté is not considered a crime anymore and no one can be imprisoned for it 1a. __________________ 1a https://www.dw.com/en/valtonyc- belgium-refuses-extradition-of-spanish- rapper/a-60276667
Amendment 323 #
2021/2186(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 332 #
2021/2186(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 345 #
2021/2186(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 348 #
2021/2186(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 354 #
2021/2186(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 362 #
2021/2186(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 370 #
2021/2186(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 374 #
2021/2186(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 382 #
2021/2186(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 15 #
2021/2178(INI)
Motion for a resolution
Citation 35 a (new)
Citation 35 a (new)
— having regard to its resolution of 10 June 2021 on “Meeting the Global Covid-19challenge: effects of waiver of the WTO TRIPS agreement on Covid-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries” (P9_TA(2021)0283),
Amendment 17 #
2021/2178(INI)
Motion for a resolution
Citation 35 b (new)
Citation 35 b (new)
— having regard to the Judgment of the General Court (Ninth Chamber, Extended Composition) of 29 September 2021 Front populaire pour la libération de la Saguia el-Hamra et du Rio de oro (Front Polisario) v Council of the European Union Joined Cases T- 344/19 andT-356/19,
Amendment 27 #
2021/2178(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the illegal invasion of Ukraine by Russia and the consequent war are distressing supply chains all over the world, also in Africa; whereas North Africa imports 60% of its wheat from Ukraine and Russia; whereas some of the biggest immediate effects on trade for Africa is on soft commodities;
Amendment 29 #
2021/2178(INI)
B b. whereas several African countries may face shortages of Ukrainian and Russian imports of fertilisers, wheat, other food crops, triggering another severe shock to African economies still in the context of the COVID–19 pandemic;
Amendment 53 #
2021/2178(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the main competitors of the Union in Africa are China and Russia; whereas infrastructure investments remain the lynchpin of the China–Africa relationship through the Forum on China-Africa Cooperation (FOCAC), still unmatched by the Union; whereas China’s efforts to influence the Africa’s social and cultural life may also continue to grow dueto a deliberate strategy to influence public and elite opinion more favourably towards China;
Amendment 56 #
2021/2178(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas the Republic of Somaliland and the Republic of China (Taiwan) have established embassy-like representative offices in each other’s capital despite they are not widely recognised by the international community as independent nations;
Amendment 57 #
2021/2178(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. whereas the Sahrawi Arab Democratic Republic(SADR) is a country recognised by 41 states out of the 193 UN members and has been a member of the African Union since 1984; whereas through formal trade and political treaties with Morocco, the Union has informally recognised Moroccan control of the SADR territory, although these agreements have routinely been struck down by the European Court of Justice (ECJ) as illegal under international law;
Amendment 78 #
2021/2178(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas on 10 June 2021 the European Parliament called “for support for proactive, constructive and text-based negotiations for a temporary waiver of the WTO TRIPS Agreement, aiming to enhance global access to affordable COVID-19-relatedmedical products and to address global production constraints and supply shortages”;
Amendment 103 #
2021/2178(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas some authoritarian governments in Africa are increasing their investments in Chinese surveillance and telecommunications technology to control online traffic; whereas the Russian toolkit combining restrictive laws with pressure on tech firms might appeal to authoritarian states;
Amendment 108 #
2021/2178(INI)
Motion for a resolution
Recital P b (new)
Recital P b (new)
P b. whereas countries with poor human rights records such as Zimbabwe and Sudan are likely to be the worst offenders, but even weak democracies such as Kenya or Nigeria may be tempted, and consequences of state repression may generate resistance from citizens, the media and civil society, fuelling social unrest; whereas telecommunications and technology firms face a worsening operating climate in large parts of Africa;
Amendment 110 #
2021/2178(INI)
Motion for a resolution
Recital P c (new)
Recital P c (new)
P c. whereas a series of coup d’états were purported in Mali and Burkina Faso toppling the democratically elected governments of those countries; whereas a coup d’état almost succeeded in Guinea Bissau;
Amendment 115 #
2021/2178(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that trade liberalisation on its own cannot ensure the attainment of development objectives without taking into account the economic, social and environmental impact of free trade agreements (FTAs); considers that fair trade agreements may be attained by enabling sustainable agricultural development, ensuring food security, boosting green industrialisation, creating employment opportunities and promoting regional integration;
Amendment 120 #
2021/2178(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Urges the Commission to tackle all the consequences of the disruption in supply chains due to the illegal invasion of Ukraine by Russia, especially in terms of agri-food and raw materials for basic commodities;
Amendment 141 #
2021/2178(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the objectives of AfCFTA; stresses that indicators in measuring economic success should be diversified beyond GDP growth; considers that the AfCFTA is a great opportunity to generate high numbers of decent jobs, increase the competitiveness of African countries, achieve structural transformations within participating states;
Amendment 145 #
2021/2178(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges the Commission to assist the African Union at increasing intra-African trade and turn Africa from being mainly a producer and exporter of commodities to a manufacturer of finished goods; stresses the need to provide appropriate technical support to AfCTA national committees and to ensure that they are open to the participation of civil society organisations, including those representing women, youth and minorities;
Amendment 153 #
2021/2178(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to facilitate the development of regional value chains and better regional infrastructures in Africa; stresses that fair trade between the Union and Africa entails that African products access the European Single Market without the same degree of reciprocity for European goods;
Amendment 161 #
2021/2178(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Believes that the AU–EU partnership should seek to build on potential synergies, and deploy accompanying measures to contribute to the African priority of sustainable and green industrialisation; underlines that the long-term objective of industrial development needs to be appropriately matched by short-term programmes and initiatives that ensure continuity and coherence with regional and continental frameworks, especially by building on existing initiatives like the Boosting Intra- Africa Trade initiative (BIAT) of the African Union;
Amendment 169 #
2021/2178(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is concerned of the current and growing influence of Russia and China in the African continent and urges the Union to increase the Union’s footprint in Africa; welcomes the EU–Africa Global Gateway Investment Package and its 150billion EUR in investments to Africa in terms of, inter alia, sustainable energy, agri-food systems, climate resilience, biodiversity, support to African inclusive businesses, reinforcing African sustainable mineral raw materials value chains, or the Africa–EU Science, Technology and Innovation Initiative;
Amendment 184 #
2021/2178(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Reiterates the need to initiate constructive and text-based negotiations for a temporary waiver of the WTO TRIPS Agreement, especially for Africa, where the social, economic and political consequences of the COVID–19 pandemic may pose an irremediable threat to its development;
Amendment 188 #
2021/2178(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Urges the Commission to ensure that European trade policy towards Africa is fully in line with the principle of Policy Coherence for Sustainable Development (PCSD);
Amendment 213 #
2021/2178(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Condemns Spain’s recognition of Morocco’s sovereignty over the SADR and urges the Commission to implement the rulings of the European Court of Justice regarding the relationships between the Union and the Kingdom of Morocco;
Amendment 214 #
2021/2178(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Considers that sustainable and fair trade could be an instrument to aid the Amazigh community in Morocco and urges the Commission to demand Morocco to duly respect the Amazigh minority and not to refer to violence by the security forces, mass arrests, media blockages, violations of human rights in prison as well as militarizing the region to oppress any attempts of social mobilisation;
Amendment 215 #
2021/2178(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Acknowledges the democratic developments in, inter alia, South Africa, Namibia, Botswana, Cabo Verde, or Ghana enlighten the way towards the future of the African continent;
Amendment 216 #
2021/2178(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15 d. Urges the formal establishment of trade relations with the unrecognized state of Somaliland, as many other countries are doing in the international community, in a similar way as it is done with the Republic of China (Taiwan);
Amendment 225 #
2021/2178(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Points out that the “Aid for trade” agenda should play a role in mobilising resources to address trade-related constraints, financing infrastructure needs and helping to build the capacity of African countries to establish appropriate regulatory structures;
Amendment 259 #
2021/2178(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Points out that the inclusion of the most-favoured-nation (MFN) clause in the EPAs could pose a threat to the AfCFTA; urges the Commission to assess the principle of reciprocity between all countries, whatever their situation, and evaluate whether it should be replaced by reciprocity between equals, differentiating between those who find themselves in very different situations;
Amendment 270 #
2021/2178(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that transport networks are critical enablers of trade and prosperous economies; stresses the need to better connect African rural and urban areas, whose population will increase 56% by 2050according to the UN Population Division;
Amendment 275 #
2021/2178(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Considers that the Union may facilitate the path to a stronger democracy and Rule of Law in Angola through the EU–Angola Sustainable Investment Facilitation Agreement, still in negotiations; notes that Angola is also in the process of joining the Economic Partnership Agreement(EPA) between the Union and the Southern African Development Community (SADC)EPA Group;
Amendment 276 #
2021/2178(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Encourages the resume of the federalisation process of the Democratic Republic of Congo(DRC), home to more than 30 languages; considers that a more comprehensive trade accord should be negotiated between the Union and the DRC building upon the current duty-free, quota-free EU access under the EU’s Everything but Arms scheme and the EU– DRC FLEGT Voluntary Partnership Agreement (VPA);
Amendment 290 #
2021/2178(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Is concerned by the growing use of digital authoritarianism in Africa, where some repressive governments are adapting to contain online dissent; urges the Commission to monitor and control Euro- African supply chains where EU-based companies may sell hardware and software to these governments; considers that a quick entry into force of the Corporate Sustainable Governance Directive is imperative to counter this growing trend;
Amendment 4 #
2021/2075(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that lockdown has had a considerable impact on mobility demand and the choice of transport mode, especially in urban areas; notes that the social distancing introduced as part of sanitary measures in the EU has led citizens to take up mobility options other than public transport in order to avoid gatherings of people; stresses, therefore, the need to include the Health in All Policies principle in all transport, mobility and infrastructure policies as a preventive measure, taking into account the recommendations given at Union, national, regional and local level;
Amendment 29 #
2021/2075(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need for local authorities to reengineer public transport in order to ensure safe, healthy and environmentally sustainable commuting options, especially in highly dense urban areas, and to complement public transport with on-demand and shared transport services, integrated tariffs, or park-and- rides, in order to achieve real inter- modality; considers, therefore, that metropolitan authorities should be able to finance either in its entirety or partially the regional infrastructure that departs, ends, and passes through them, and to have an increased role in its decision- making as well in its management;
Amendment 36 #
2021/2075(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Urges all the urban areas of the Union to bet on clean and green energy for their public transport, learning from each other thanks to the tools provided for at Union, national and regional level; stresses that the Commission, the Member States and the regions should assist, wherever possible, local authorities in achieving this goal;
Amendment 51 #
2021/2075(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Urges the Commission, the Member States, the regions, and the local authorities to start making plans to deploy charging points for electric vehicles (EVs) throughout public infrastructure, to facilitate the inclusion of charging points in owners’ or neighbourhood communities; considers the prompt adoption of the proposed Regulation on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU, as a breakthrough opportunity, also for urban areas;
Amendment 59 #
2021/2075(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Considers that the deployment of powered transporters, electric rideable vehicles, personal light electric vehicles, and personal mobility devices are posing new challenges in highly dense urban areas, especially in terms of road safety, for which their authorities need to promote innovative policies to integrate them with the pedestrian and other types of vehicles, such as the deployment of green axes where the pedestrian is given total priority;
Amendment 68 #
2021/2075(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises that urban logistics are an essential public service; calls on local authorities to develop dedicated sustainable urban logistics plans that integrate freight into the planning of more dynamic and flexible uses of curb space; considers that urban areas should develop new transformational infrastructure together with smaller infrastructure interventions in order to maximise the former;
Amendment 76 #
2021/2075(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States and local authorities to reassess their investments in urban mobility and to give priority to digital infrastructure, such as artificial intelligence or the Internet of Things, that will improve the general experience of all passengers and be adapted to the post- COVID-19 needs of transport workers, in terms of, for example, a better management of public parking within urban areas, intelligent traffic-lighting, pollution reduction management, and other aspects of civic commitment from citizens;
Amendment 85 #
2021/2075(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Considers that urban areas should develop dedicated areas to delivery and return of e-commerce within each neighbourhood or district in order to improve the link between e-commerce and local retail;
Amendment 100 #
2021/2075(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that the Commission should ensure that access to EU funding programmes for urban mobility, such as the European Regional Development Fund, the Cohesion Fund and the Connecting Europe Facility, is conditional on existing or prospective sustainable urban mobility plans; considers, finally, that the proposed European Climate Social Fund should alleviate the financial burden of the green transition especially to worse-off communities and neighbourhoods in urban areas;
Amendment 101 #
2021/2075(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers that urban areas with maritime ports have special challenges in the post-COVID era and therefore it is important to also consider the differences in port governance when it comes to greening the port, since the governance of the port impacts the tools a port could use to influence green behaviour; considers that greening the port area involves all actors in the port area, and that, beyond greening the activities and operations under the direct responsibility of the port authority, it includes the wide range of activities the different stakeholders undertake in the port area; urges national, regional and local authorities to look at the clustering industry within the port area as a positive contribution to the decarbonisation agenda by avoiding unnecessary transport; considers, finally, that in the field of energy, ports play an increasingly active role in the production, supply and distribution of renewable energy;
Amendment 109 #
2021/2075(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Considers that many European ports are located near urban centres and are at the service of and closely linked to the city, their inhabitants, and local communities; considers, in addition, that port authorities are closely interlinked with local and regional authorities and hinterland transport infrastructure and operations, and therefore ports could be a partner in achieving the energy transition in the wider region or Member State they are located in, since ports could be important locations for the facilitation, production and supply of clean energy solutions;
Amendment 117 #
2021/2075(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates that sustainable and resilient development and the management of urban tourism need to be fully integrated into the wider urban agenda.; calls on Member States, regions and local authorities to approach tourists as visitors, committing them to the livelihood of the city or town, and ensure that local and regional legislation allows for a flexible, tailor-made visitor–oriented undertakings;
Amendment 121 #
2021/2075(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Urges policy-makers in urban areas to avoid dogmatic approaches and attain logical, objective and science-based approaches and policies when drafting, implementing, deploying and managing the necessary reforms towards a green transition in urban areas; considers that any policy, especially if it is dedicated to mobility, transport, or logistics, should have some degree of civic participations, namely through stakeholders such as neighbourhood associations;
Amendment 37 #
2021/2046(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the decarbonisation of transport will reduce the Union’s dependence on imports of fossil fuels and strengthen Europe’s energy security; whereas some electric vehicles (EVs) or hybrids, like the plug-in hybrids, are still not a financially advantageous solution for consumers, even if they get charged regularly; whereas there is not a significantly big market for second and third-owners of EVs in the Union;
Amendment 72 #
2021/2046(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas hydrogen-induced vehicles may have engines that burn hydrogen (thermal) or may have hydrogen batteries (electric); whereas heat engines are less efficient and can produce dangerous pollutants such as NOx compared to electric ones, but are more cost effective;
Amendment 144 #
2021/2046(INI)
2. Calls on the Commission and, the Member States and all regions to support the sustainable and smart mobility transformation through the Next Generation EU recovery package; considers that the Commission should promote best practices and lessons learned from Member States, regions and municipalities;
Amendment 154 #
2021/2046(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that Directive 2014/94/EU of the European Parliament and of the Council of22 October 2014 on the deployment of alternative fuels infrastructure (AFID) should be turned into a regulation, whose scope should include zero-emission fuels, namely electric and hydrogen, and include binding targets in terms of roll-out of recharging points;
Amendment 166 #
2021/2046(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Reminds that the Union has provided itself with large funds in order to develop implementation of all types of renewable energy, such as the Recovery and Resilience Facility, InvestEU, the Cohesion Funds, the Just Transition Mechanism, Horizon Europe, European Regional Development Fund, to name a few of them;
Amendment 168 #
2021/2046(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Considers that the Union and its Member States and regions should develop geostrategic agreements on offshore energy infrastructure with neighbouring geographical regions, especially the Western Balkans, the Mediterranean Southern and Easter Basins in order to both boost production for European and native markets also regarding sustainable mobility; considers that these agreements should also foster education on sustainable and smart mobility, as well as renewable energy production and consumption, between the Union and its neighbouring regions on an equal footing;
Amendment 233 #
2021/2046(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages the Commission and the Member States to acknowledge the need to overcome additional barriers for the adoption of ultra-low emission vehicles (ULEV), including both the availability of a widespread rapid charge network on major roads as well as hydrogen refuelling stations for fuel cell vehicles;
Amendment 261 #
2021/2046(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages the Commission and the Member States to provide charging solutions for drivers without access to off- street parking in order to increase consumer acceptance, which in turn reduces risks for vehicle manufacturers to deploy novel powertrains across their model ranges;
Amendment 281 #
2021/2046(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the Commission should integrate the recharging network design of electric vehicles with the electricity system, so that it smoothens demand rather than making it more costly;
Amendment 285 #
2021/2046(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Invites the Commission to assess promoting a recharging network for electric vehicles in a technology neutral way;
Amendment 428 #
2021/2046(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Encourages Member States, regional and local authorities to speed up the deployment of recharging points in residential buildings as well as at the workplace, where a major share of recharging will occur;
Amendment 464 #
2021/2046(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that the smart and sustainable mobility strategy is a perfect opportunity to introduce the Health in All Policies principle across all transport policies at Union, Member State, regional and local level;
Amendment 568 #
2021/2046(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Insists on the phasing-out of direct and indirect fossil fuel subsidies by 2022 in the Union and in each Member State, and considers the revision of the Energy Taxation Directive as the best possibility to achieve a stable and predictable carbon price and to create a level playing field between fossil fuels and biofuels;
Amendment 580 #
2021/2046(INI)
18a. Considers that electric charging should be a real and convenient option for consumers due to the improvement of the charging experience with public stations, the revision of the Alternative Fuels Infrastructure Directive with the aim to make payment easy and charging tariffs transparent; urges the Commission to amend the Energy Performance of Buildings Directive with the aim of making the Union, Member States, regions and urban or local authorities to encourage and facilitate the installation of private charging stations, including for consumers living in flats or without access to private parking;
Amendment 645 #
2021/2046(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that the shift towards sustainable and smart mobility requires the sharing of data and proper data-integration between all relevant stakeholders; considers that for that matter the Commission could create a Mobility Data Space using distributed ledger technology;
Amendment 806 #
2021/2046(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Encourages the Commission, Member States, region and local authorities to protect consumers’ health by improving the efficiency of combustion engines with the establishment of stringent emission limits for harmful pollutants such as nitrogen oxides (NOx) and particulate matters (PM) via ambitious post-EURO 6 standards;
Amendment 29 #
2021/2038(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises at the same time that some diverging interests remain; in this regard, urges both sides to resolve bilateral disputes; urges the US to remove unilateral trade measures and refrain from taking further ones; urges the removal of section 232 tariffs on steel and aluminium; calls for a rapid and lasting solution on aircraft subsidies; notes that the US did not export any dose of any COVID vaccine until May 2021 while the European Union kept providing for doses since the beginning of vaccine approvals by the EMA; urges both the European Commission and the US to find common ground between their two "reshoring" strategies, namely Build Back Better and the open strategic autonomy, in order not to disrupt existing supply chains between the world's two biggest single markets;
Amendment 37 #
2021/2038(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Acknowledges that the proposal on waiving the patents of COVID vaccines by the US Administration has promoted a response by the EU on this issue; urges the Commission and the US that export restrictions of COVID vaccines should be kept to a minimum; acknowledges that waiving intellectual property rights is not enough in order to fight against the COVID pandemic all over the world; considers that COVID vaccine producers and developers, some of them American, should make concrete pledges to increase supply to vulnerable developing countries at production cost; notes that there are WTO rules allowing countries to grant licences to manufacturers even without the consent of the patent-holder;
Amendment 62 #
2021/2038(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Advocates a joint strategic approach towards China, addressing the roots of unfair trade practices and tackling industrial subsidies, state-owned enterprises and human rights concerns; notes that the Commission will not seek ratification of the Comprehensive Agreement on Investments (CAI) between the EU and China; stresses that a bilateral agreement on investments between the Union and Taiwan should be made before the end of the current legislative term;
Amendment 83 #
2021/2038(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. While promoting dialogue and common action, calls on the Commission to assertively promote the EU’s interests and react to US unwarranted duties, extraterritorial sanctions and market barriers; urges the US to drop restrictions on exports of COVID vaccines and vaccine components;
Amendment 93 #
2021/2038(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages both sides to find a framework for joint action and look for selective agreements; calls on a common strategy on Africa in order to help strengthen trade, economic development and the defence of human rights and the rule of Law; calls for a stronger regulatory, green and digital partnership through the Trade and Technology Council and a coordinated approach to critical technologies, a carbon border adjustment mechanism and digital and global taxes.
Amendment 12 #
2021/2037(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that the People's Republic of China has signed the Regional Comprehensive Economic Partnership (RCEP), a multilateral free-trade agreement aiming to integrate the supply chains of fifteen Asian and Pacific nations;
Amendment 16 #
2021/2037(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced that the EU-China bilateral trade and investment relationship is of strategic importance and should be rules-based, with the multilateral trading system at its core, with fundamental human rights guaranteed and protected, with absolute respect by both parties to basic freedoms such as assembly, speech, or creed, with total commitment to defend the planet against climate change, and with any interest whatsoever from any party to undermine the other through disruptive and aggressive economic policies;
Amendment 28 #
2021/2037(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned about the increasingly unbalanced EU-China bilateral economic and trade relationship; stresses that rebalancing and a more level playing field are vital to EU interests; is committed to finish the regulation on foreign subsidies distorting the internal market in due time, without delay, and urges the Commission and the Council to do so as well once the Parliament's position has been approved;
Amendment 46 #
2021/2037(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges all European companies engaged with projects related to the Belt and Road Initiative to promote human rights’ due diligence in the framework of the United Nations Guiding Principles on Business and Human Rights; calls on Member States to provide effective guidance to European enterprises on how to assess actual and potential human rights’ impacts related to the Belt and Road Initiative;
Amendment 53 #
2021/2037(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls the Commission to take measures on those companies which are currently benefitting from the forced labour in more than 380 camps in Xinjiang, where thousands of Uyghur citizens are forced to work on the production of goods that later on are part of the supply chains of certain European and global companies;
Amendment 76 #
2021/2037(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Considers that a bilateral investment agreement with the Republic of China (Taiwan) could be an additional accord while the CAI has not been agreed upon; notes that the Union has achieved major trade agreements in the Pacific region (i.e. Japan, Vietnam, Singapore) and is working on others (i.e. Indonesia);
Amendment 83 #
2021/2037(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that the Union should prioritise trade agreements with democratic states upholding the Rule of Law;
Amendment 3 #
2021/2025(INI)
Motion for a resolution
Citation 15
Citation 15
— having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Social Charter, the case law of the European Court of Human Rights and the European Committee of Social Rights, the Council of Europe Framework Convention for the Protection of National Minorities (FCNM) and the European Charter for Regional or Minority Languages (ECRML) and the conventions, recommendations, resolutions, opinions and reports of the Parliamentary Assembly, the Committee of Ministers, the Human Rights Commissioner, the European Commission Against Racism and Intolerance, the Steering Committee on Anti- Discrimination, Diversity and Inclusion, the Venice Commission, the Advisory Committee on the FCNM, the Committee of Experts of the ECRML and other bodies of the Council of Europe,
Amendment 31 #
2021/2025(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas respect for the rights of minorities is a part of the political criteria an accession-candidate country must fulfil at the time of accession; whereas while the Union has an important role in ensuring respect for the rights of national and linguistic minorities in candidate- countries, it so far hasn't yet adopted any benchmarks for its Member States in this area, thus making possible that Member States backtrack on their commitments; whereas the 2020 report, too, misses to cover the rights of national and linguistic minorities;
Amendment 32 #
2021/2025(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the European Parliament has already called on the European Commission to adopt a common framework of Union minimum standards for the protection of rights of persons belonging to minorities, which are strongly embedded in a legal framework guaranteeing democracy, the rule of law and fundamental rights throughout the Union1a; _________________ 1aEuropean Parliament Resolution of 13 November 2018 on minimum standards for minorities in the EU (OJ C 363, 28.10.2020, p. 13)
Amendment 209 #
2021/2025(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the Commission to include in its next reports detailed analyses and recommendations on the situation of the rights of autochthonous national and linguistic minorities, including through the involvement of the European Union Agency for Fundamental Rights; stresses that this is an area where it should establish strong links and synergies with the Council of Europe, and in particular with its Advisory Committee on the Framework Convention for the Protection of National Minorities and the Committee of Experts of the European Charter for Regional or Minority Languages;
Amendment 19 #
2021/2012(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that multilinked offshore wind farms enter into a larger transmission system potentially sharing connections in hubs or feeding into several markets at the same time;
Amendment 33 #
2021/2012(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that as of 2018, the cumulative installed capacity of offshore wind energy worldwide did not reach 24 GW among OCDE member countries;
Amendment 42 #
2021/2012(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reminds that the Union has provided itself with large funds in order to develop implementation of all types of renewable energy, such as the Recovery and Resilience Facility, InvestEU, the Cohesion Funds, the Just Transition Mechanism, Horizon Europe, European Regional Development Fund, to name a few of them;
Amendment 53 #
2021/2012(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Considers that the Union and its Member States and regions should develop geostrategic agreements on offshore energy infrastructure with neighbouring geographical regions, especially the Western Balkans, the Mediterranean Southern and Easter Basins in order to both boost production for European and native markets; considers that these agreements should also foster education on renewable energy production and consumption between the Union and its neighbouring regions on an equal footing;
Amendment 58 #
2021/2012(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that the drastically increasing needs for offshore renewable energy in the transport and tourism sectors can be met while fully complying with the goals of the EU Biodiversity Strategy, as, for example, the required scale-up of the offshore wind industry in order to meet the 2030 climate target is estimated to require less than 3 % of European maritime space.; stresses, though, that it is important to carefully assess the environmental impact of offshore renewable energy projects, in line with the criteria laid down in Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, and mitigate risks where identified; stresses in this sense that coexistence with other maritime activities must be specifically addressed both at a temporal and spatial scale;
Amendment 62 #
2021/2012(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers that the Union and its Member States and regions should develop geostrategic agreements on offshore energy infrastructure with neighbouring geographical regions, especially the Western Balkans, the Mediterranean Southern and Easter Basins in order to both boost production for European and native markets;
Amendment 64 #
2021/2012(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Sees with concern that most Member States have not yet submitted their Maritime Spatial Plans to the Commission, whose deadline was 31 March 2021 according to the Directive2014/89/EU; encourages the Commission to check their alignment with the National Energy and Climate Plans and especially their provisions with regards to the development of offshore energy.
Amendment 19 #
2021/2011(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that demand for raw materials is projected to double by 2050 and that the EU is highly reliant on non-EU countries for critical raw materials, making diversified sourcing essential to increase the EU’s security of supply; notes that some critical raw materials' highest storages are in third countries with undemocratic regimes, which use the European Union's needs as an asset for their will; calls, therefore, on the Commission to diversify the supply sources of critical raw materials as much as possible, and reduce current reliance on a few countries, some of them highly undemocratic; calls on the Commission to focus also on securing supplies by establishing strategic stocks and appropriate stockpiling of critical raw materials in Europe, particularly in light of the uncertainties linked to the evolution of the geopolitical situation worldwide and the potential trade tensions with rich non- EU producer countries;
Amendment 33 #
2021/2011(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Commission and the Member States to prioritise intra- European supply chains on critical raw materials, as well as with third countries with democratic regimes in the Union's neighbourhood regions;
Amendment 34 #
2021/2011(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes that the green transition is posing new challenges, namely that although electrical cars accounted for only one percent of total car stock worldwide in 2019, sustainable development scenarios require this figure to reach 4.9 percent by 2025 and 13.4 percent by 2030, with a bigger need for lithium-ion (li-ion) batteries with which they are propelled, and whose main source today is Australia; calls therefore for the FTA between the EU and Australia to be completed before the end of the current legislative mandate; notes that the other main sources of lithium in the world are Bolivia, Chile, and Argentina;
Amendment 46 #
2021/2011(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the Commission to prioritise FTAs with democratic countries that uphold the rule of Law and the respect to human rights;
Amendment 59 #
2021/2011(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Recalls that responsible sourcing and due diligence are key issues throughout the raw materials value chain; notes that, given the EU’s high dependence on imports, sustainable and responsible sourcing from third countries must be guaranteed;
Amendment 63 #
2021/2011(INI)
Draft opinion
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Reminds that control over natural resources too often opens the door to armed conflicts or social inequality, and that the Union should take into account such risks when addressing its policies regarding CRM sourced in third countries, especially Africa;
Amendment 6 #
2021/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the new EU Gender Action Plan 2021-2025 (GAP III) calls for the promotion of gender equality through the EU’s trade policy and recalls the necessary support for the inclusion of a specific gender chapter in EU trade and investment agreements; believes that the Chief Trade Enforcement Officer should be charged with overseeing the effective implementation of gender chapters in trade agreements;
Amendment 12 #
2021/2003(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out that gender chapters in EU trade and investment agreements should address all areas relevant for upholding women’s rights, such as sexual and reproductive human rights, measures to prevent all forms of gender-based violence, access to employment and equal pay, promotion of gender equality in education, or equal participation in the public and private sphere;
Amendment 20 #
2021/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that trade policy is not gender neutral and that better collection of gender-disaggregated data, together with clear indicators, is needed to adequately assess the different impacts of trade policy on women and men; reiterates its call for the EU and its Member States to include in ex ante and ex post impact assessments the country-specific and sector-specific gender impact of EU trade policy and agreements; stresses that it is essential to ensure that ex ante and ex post impact assessments involve civil society organisations which are directly implicated in the defence of women’s rights in partner countries;
Amendment 42 #
2021/2003(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that the COVID-19 crisis has highlighted the disproportionate impact of violations of fundamental rights at work on women, poor working conditions, lack off air wages, irregular or excessive working time, discrimination, as well as gender-based violence and harassment; calls on the EU and its Member States to make real progress in the commitment to elaborate the UN binding treaty on business and human rights, and enforce the ILO Conventions on decent work in supply chains with a gender perspective;
Amendment 47 #
2021/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with concern the persistent gender gap in digital access and digital skills, which can reach 33% in least developed countries; calls for the Commission and the Member States to support female entrepreneurs in acquiring the necessary skills through development cooperation and Aid for Trade; stresses the need to ensure women’s and girls’ affordable access to ICTs, mitigate the threats that thwarts women’s access to ICTs , support the development of applications and services that meet women’s needs, and promote women’s access to decision-making positions in ICTs companies;
Amendment 104 #
2021/0428(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) Since the establishment of the Schengen area cross border communities have developed and strengthened economic, cultural and social links. Cross border communities share and access health and education services.The reintroduction of border controls together with the closure of border crossing points, such as the one in Coll de Banyuls, between France and Spain has had a huge negative impact on cross border communities.
Amendment 105 #
2021/0428(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) The reintroduction of border controls and the closure of border crossing points causes underdevelopment in border regions. Border closures separate families, friends and neighbours and thwart economic, cultural and political freedoms. Freedom of movement should be preserved as the corner stone of the European Union.
Amendment 150 #
2021/0422(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences entail habitat damage and biodiversity loss, amplify climate change, threaten the sustainable livelihood of vulnerable populations, create public health risks. They also pose a threat to the environment and therefore call for an appropriate and effective response.
Amendment 155 #
2021/0422(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The existing systems of penalties under Directive 2008/99/EC of the European Parliament and of the Council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with Union law for the protection of the environment. Compliance should be strengthened by the availability of criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties and increase deterrence. _________________ 20 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
Amendment 160 #
2021/0422(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023 , certain intentional unlawful conduct coveredall conducts deemed to be serious infringements under Regulation (EC) No 1224/2009 and Regulation (EC) 1005/200824 should be established as criminal offences. _________________ 21 Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1–153). 22 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS The European Green Deal, COM/2019/640 final. 23 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM/2020/380 final 24 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, (OJ L 286, 29.10.2008, p. 1– 32).
Amendment 161 #
2021/0422(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) (6a) The establishment of the offence of ecocide would ensure a broad and reinforced prosecution of any action that causes irreversible destruction or longlasting substantial damage to an ecosystem with knowledge that there was a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by these actions. Such broad and reinforced prosecution should ensure that these kinds of acts, which cause extremely grave damage to the environment and are carried out with dolus eventualis, are prosecuted regardless of their specific inclusion on the list contained in Article AM\1258257EN.docx 19/163 PE732.797v01-00EN3(1) and are punished by penalties which are equivalent to those imposed upon when the act causes the death or serious injury of a person.
Amendment 165 #
2021/0422(COD)
Proposal for a directive
Recital 8
Recital 8
(8) A conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a Member State, or a third country when the conduct is carried out by an EU citizen or a legal person established in the EU if such authorisation, was obtained fraudulently, or by corruption, extortion or coercion. Moreover, operators should take the necessary steps to comply with the legislative, regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity, including by complying with their obligations, as laid down in applicable EU and national laws, in procedures governing amendments or updates to existing authorisations.
Amendment 172 #
2021/0422(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In criminal proceedings and trials, due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. Criminal proceedings should address corruption, money laundering, cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses, where these occur in the context of environmental crime. These crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. In this respect, it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty. In certain cases this can even take the form of corruption. Examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections, deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit-holder, resolutions or votes in favour of granting illegal licences or issuing falsified or untrue favourable reports or, especially in developing countries, promoting prosecution of environmental defenders who act against projects that may constitute an environmental crime.
Amendment 181 #
2021/0422(COD)
Proposal for a directive
Recital 16
Recital 16
(16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances. Equally, when an environmental criminal offenceOn the other hand, when any act causes substantial and irreversible or long- lasting damage to an entire ecosystem, this should be an aggravating circumstance because of its severity, including in cases comparable to ecocideestablished as a separate criminal offence of ecocide, which should be prosecuted regardless of its specific inclusion in Article 3(1) and should be punished with the same penalties imposed upon to criminal offences listed in Article 3 (1) that cause the death or serious injury of a person. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals and often fuel criminal organisations, these should be taken into account when determining the appropriate level of sanctioning in the individual case.
Amendment 186 #
2021/0422(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for effective, proportionate and dissuasive administrative sanctions and other measures in national law for breaches established in Union environmental legislation.
Amendment 191 #
2021/0422(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Given, in particular, the mobility of perpetrators of illegal conduct covered by this Directive, together with the cross- border nature of offences and the possibility of cross-border investigations, including conducts carried out in third states, Member States should establish jurisdiction in order to counter such conduct effectively.
Amendment 212 #
2021/0422(COD)
Proposal for a directive
Recital 32
Recital 32
(32) To effectively tackle the criminal offences referred to in this Directive, it is necessary that competent authorities in the Member States collect accurate, consistent and comparable data on the scale of and trends in environmental offences and the efforts to combat them and their results. These data should be used for preparing statistics to serve the operational and strategic planning of enforcement activities as well as for providing information to citizens. Member States should collect and report to the Commission relevant statistical data on environmental offences. The Commission should regularannually assess and publish the results based on the data transmitted by the Member States.
Amendment 220 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
Article 2 – paragraph 1 – point 1 – paragraph 1
The conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a Member State, or in a third state where the conduct was carried out by an EU citizen or a legal person established in the EU, when the authorisation was obtained fraudulently or by corruption, extortion or coercion;
Amendment 272 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Member States shall establish as "ecocide" any action that causes destruction or irreversible or long-lasting substantial damage to an ecosystem with knowledge that there was a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by this action.
Amendment 283 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. monetary value of the damage.
Amendment 296 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5 a. the scale of the financial benefits gained by committing the offence.
Amendment 307 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Member States shall take the necessary measures to develop alternative measures to imprisonment in order to contribute to the restoration of the environment
Amendment 313 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines, which shall be proportional to the damage caused by the offence;
Amendment 321 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. lifelong prohibition on working with and owning animals;
Amendment 322 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5 b. Reimbursement of costs made by third parties who have investigated, reported or sued the offender;
Amendment 323 #
2021/0422(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) an authority to exercise control within the legal person, including supply chain due diligence.
Amendment 324 #
2021/0422(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall also ensure that legal persons can be held liable where the lack of supervision or control throughout its entire supply chain by a person referred to in paragraph 1 has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of the legal person by a person under its authority.
Amendment 349 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 15% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 355 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by fines, the maximum limit of which shall be not less than 310% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 356 #
2021/0422(COD)
5 a. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1a) are punishable by fines, the maximum limit of which shall be not less than 25% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 375 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
the offence damaged a Natura 2000 site;
Amendment 376 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
the offence damaged a legally protected area in a third country;
Amendment 377 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 c (new)
Article 8 – paragraph 1 c (new)
the offence converges with other crimes.
Amendment 380 #
2021/0422(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
the offender restores nature to its previous condition prior to the indictment of criminal proceedings;
Amendment 386 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. Member States shall take the necessary measures to ensure that the limitation period of criminal offences referred to in Articles 3 and 4 does not commence until the concrete scope of the damage to the environment has been fully measured by appropriate scientific means.
Amendment 388 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least tfifteen years of imprisonment, for a period of at least tfifteen years from the time when the offence was committed, when offences are punishable;
Amendment 390 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least sixten years of imprisonment, for a period of at least sixten years from the time when the offence was committed, when offences are punishable;
Amendment 393 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least foursix years of imprisonment, for a period of at least foursix years from the time when the offence was committed, when offences are punishable.
Amendment 394 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 397 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least tfifteen years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least tfifteen years from the date of the final conviction;
Amendment 398 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least sixten years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least sixten years from the date of the final conviction;
Amendment 399 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
(c) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least four sixyears of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least four yearssix from the date of the final conviction.
Amendment 400 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) the offender is one of its nationals or habitual residents., regardless of whether the offence takes place in an EU Member State or a third country;
Amendment 404 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. the offence is committed for the benefit of a legal person established on its territory;
Amendment 405 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1 b. the offence is committed against one of its nationals or its habitual residents;
Amendment 406 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 1 c (new)
Article 12 – paragraph 1 c (new)
1 c. the offence has created a severe risk for the environment on its territory.
Amendment 407 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 426 #
2021/0422(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall ensure that, in accordance with their national legal system, members of the public concerned have appropriate rights to participate in proceedings concerning offences referred to in Articles 3 and 4, for instance as a civil party or as a private prosecution.
Amendment 430 #
2021/0422(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take appropriate action, such as preventive law enforcement tools, information and awareness- raising campaigns and research and education programmes, to reduce overall environmental criminal offences, raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with the relevant stakeholders.
Amendment 434 #
2021/0422(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall ensure that national authorities which prevent, detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 459 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that a consolidated review of their statistics is regularannually published.
Amendment 461 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The Commission shall regularannually publish a report based on the statistical data transmitted by the Member States. The report shall be published for the first time three years after the standard format referred to in Article 22 has been determined.
Amendment 67 #
2021/0402(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) For the purposes of this Regulation and in order to ensure a coherent and open strategic autonomy of and for the Union, the Commission should assess whether to develop a comprehensive definition of Union interest. This should entail the need to preserve our Union's policy space to take legitimate European sovereign social and economic interests.
Amendment 80 #
2021/0402(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) No later than six months after the entry into force of this Regulation, the Commission should prepare an implementing act to establish a European Resilience Office within the Directorate General for Trade, indicating the necessary administrative, financial and human resources.
Amendment 109 #
2021/0402(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Any action taken under this Regulation shall be consistent with the Union’s obligations under international law and conducted in the context of the principles and objectives of the Union’s external action aiming at ensuring an effective, efficient and swift Union response to economic coercion, including deterrence of economic coercion of the Union or a Member State and, in the last resort, countermeasures.
Amendment 115 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Regulation only applies wherein the event of economic coercion of a third country that:
Amendment 132 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) whether the third country is acting based on a legitimate concern that is internationally recognisedrecognised as legitimate under international law;
Amendment 142 #
2021/0402(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The Commission mayshall always inform the European Parliament and the Council of any development in the ongoing assessment of measures aimed at third countries and shall publish a notice in the Official Journal of the European Union or through other suitable public communication means with an invitation to submit information within a specified time limit. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
Amendment 144 #
2021/0402(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Following an examination carried out in accordance with Article 3, the Commission shall adopt a decision determining whether the measure of the third country concerned meets the conditions set out in Article 2(1). The Commission shall act expeditiously. and shall inform the European Parliament and the Council, as well as publish that decision in the Official Journal of the European Union and through other suitable public communication means.
Amendment 182 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
The implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2). The Commission shall inform the European Parliament and the Council, as well as publish that decision in the Official Journal of the European Union and through other suitable public communication means.
Amendment 198 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. On duly justified imperative grounds of urgency to avoid irreparable damage to the Union or its Member States by the measures of economic coercion the Commission shall adopt immediately applicable implementing acts imposing Union response measures, in accordance with the procedure referred to in Article 15(3). The requirements set out in paragraphs 2 to 5 shall apply. Those acts shall remain in force for a period not exceeding three months. The Commission shall inform the European Parliament and the Council, as well as publish that decision in the Official Journal of the European Union and through other suitable public communication means.
Amendment 261 #
2021/0402(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall evaluate any Union response measure adopted pursuant to Article 7 six months after its termination, taking into account stakeholder input and any other relevant information. The evaluation report shall examine the effectiveness and operation of the Union response measure, and draw possible conclusions for future measures. The evaluation report shall have the opinion of the European Parliament into consideration.
Amendment 262 #
2021/0402(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. No later than three years after the adoption of the first implementing act under this Regulation or six years after the entry into force of this Regulation, whichever is earlier, the Commission shall review this Regulation and its implementation and shall report to the European Parliament and the Council. Notwithstanding these deadlines, the Commission shall make a review before three years in case the European Parliament demands so.
Amendment 266 #
2021/0402(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. No later than six months after the entry into force of this Regulation, the Commission shall prepare an implementing act to establish a European Resilience Office within the Directorate General for Trade, indicating the necessary administrative, financial and human resources. The Commission shall inform the European Parliament and the Council accordingly.
Amendment 68 #
2021/0366(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Deforestation and forest degradation, such as over-harvesting of timber, contribute to the global climate crisis in multiple ways. Most importantly, they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity. Deforestation alone accounts for 11 % of greenhouse gas emissions20 . _________________ 20 IPCC, Climate Change and Land: an IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems, https://www.ipcc.ch/srccl/.
Amendment 71 #
2021/0366(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Savannahs, wetlands and high biodiversity grasslands are also threatened by intensive harvesting, such as soy, and cattle production. In the case of palm oil, peatlands are in particular danger. Upon the entry into force of this Regulation, the Commission should assess whether there is a risk of increasing destruction of these ecosystems.
Amendment 75 #
2021/0366(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10% of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union should therefore take action to minimise global deforestation and forest degradation driven by its consumption of certain commodities and products and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at influencing the global market, not only supply chains to the Union. PMultilateral and bilateral partnerships and efficient international cooperation with producer and consumer countries are fundamental in that respect, taking into account the inputs from all stakeholders, including small holders, civil society, SMEs, women, indigenous peoples, local communities. To be effective, such partnerships should ensure trade incentives and support for local livelihoods, as well as roadmaps of reforms to happen the partner country.
Amendment 83 #
2021/0366(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) As a member of World Trade Organisation (WTO), the Union is committed to promoting a universal, rule- based, open, transparent, predictable, inclusive, non-discriminatory and equitable multilateral trading system under the WTO, as well as an open, sustainable, and assertive trade policy. The scope of this Regulation will therefore include both commodities and products produced within the Union and commodities and products imported to the Union. Furthermore, the Commission should assure that it will always move according to the principles of proportionality, non discrimination and objectivity in case it takes any measure that might affect trade flows.
Amendment 89 #
2021/0366(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, on-the-ground stakeholders, or local communities, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledge the role of indigenous people in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation and support forest regeneration.
Amendment 112 #
2021/0366(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Operators should formally assume responsibility for the compliance of the relevant commodities or products that they intend to place on the Union market or to export by making available due diligence statements. A template for such statements should be provided by this Regulation. This is expected to facilitate enforcement of this Regulation through competent authorities and courts as well as increase compliance by operators. The template should be understandable, provided in all languages of the Union and the Member States, included in the web portal built and managed by the Commission. The portal should be open to complaints and observations from all parties involved.
Amendment 116 #
2021/0366(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments. The existence of this Regulation should not exclude the application of other EU legislative instruments that lay down requirements regarding value chain due diligence. Where such other EU legislative instruments provide for more specific provisions or add requirements to the provisions laid down in this Regulation, such provisions should be applied in conjunction with those of this Regulation. Furthermore, where this Regulation contains more specific provisions, they should not be interpreted in a way that undermines the effective application of other EU legislative instruments on due diligence or the achievement of their general aim. The Commission should ensure that the Union's due diligence legal framework is harmonised and coherent.
Amendment 123 #
2021/0366(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) The benchmarking criteria should take into account national laws or international standards on tenure rights, Free, Prior and Informed Consent (FPIC), transparency or community benefit-sharing. Countries could therefore be defined as low risk, significantly lightening due diligence requirements, despite being at high risk of, inter alia, land rights violations. Moreover, benchmarking should not reward the existence of an agreement as well as its implementation. Risk rating should be done at a national and sub-national levels and per commodity.
Amendment 127 #
2021/0366(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The plan for checks should be regularly updated on the basis of the results of its implementation. Those operators showing a consistent track record of compliance should be subject to a reduced frequency of checks. For that to happen accordingly, the Commission should ask the Member State to duly enforce the control in line with this Regulation.
Amendment 137 #
2021/0366(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57a) The Commission should assist least developed countries (LDCs) and SMEs in their understanding, implementation and compliance with the standards set out in this Regulation, keeping an open cooperation towards capacity building with national, regional and local governments, civil society organisations and producers, especially small producers.
Amendment 157 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘forest’ means land spanning more than 0,5 hectares with trees higher than 5 meters and a canopy cover of more than 10%, or trees able to reach those thresholds in situ, excluding agricultural plantations and land that is predominantly under agricultural or urban land use as well as natural forests and plantations;
Amendment 167 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means harvesting operations that are not sustainable and cause a reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other products or services, such as over- harvesting of timber;
Amendment 327 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(fa) laws from partner countries;
Amendment 329 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f b (new)
Article 27 – paragraph 2 – point f b (new)
(fb) international standards on tenure rights, Free, Prior and Informed Consent (FPIC), transparency, and community benefit-sharing.
Amendment 330 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. In extraordinary cases, where the third country has showed a consistent will to improve its risk assessment, they shall also be defined as low risk, significantly lightening due diligence requirements, despite being at high risk of, inter alia, land rights violations. Moreover, benchmarking shall reward the existence of an agreement as well as its implementation. Risk rating shall be done at a national and sub-national levels and per commodity.
Amendment 338 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms will focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the transition to sustainable commodity production, consumption processing and trade methods. To be effective, such partnerships shall ensure trade incentives and support for local livelihoods, as well as roadmaps of reforms to happen the partner country. Partnerships and cooperation mechanisms may include structured dialogues, support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 342 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
Amendment 347 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. Partnerships with third countries shall include a process to demarcate and recognise community tenure rights in line with the internationally accepted Voluntary Guidelines for the Governance of Tenure (VGGT) in order to clarify the domestic legal situation so that companies’ obligations are clear.
Amendment 354 #
2021/0366(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The Commission shall prepare a delegated regulation to set up a mechanism for communities whose rights have been violated by infringements of this Regulation, with the aim to obtain compensation, and penalties relating to environmental damage. The delegated regulations shall include information on who shall receive penalties paid by companies that infringe this Regulation.
Amendment 362 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1 a. Upon the entry into force of this Regulation, the Commission shall assess whether there is a risk of increasing destruction of savannahs, wetlands and high biodiversity grasslands due to intensive harvesting and cattle production.
Amendment 107 #
2021/0297(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Since 1971, the Community has granted trade preferences to developing countries under its Generalised Scheme of Preferences (‘GSP’). Since then, the GSP has covered more than 60 countries, especially developing nations, counting more than 1,7 billion people all over the world. The GSP is a key commercial instrument of the Union to promote human rights, democracy, the rule of law, good governance, gender equality, and sustainable development.
Amendment 109 #
2021/0297(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Union's common commercial policy shall be guided by the principles and pursue the objectives set out in the general provisions on the Union's external action, laid down in Article 21 of the Treaty on European Union (TEU). Therefore, the Union should safeguard its values and principles both inside and outside of its territories, be coherent, set standards, and prioritise full-fledged democracies respecting the rule of law when opening negotiations for any type of economic and trading partnership.
Amendment 113 #
2021/0297(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The general objectives of the GSP are to support eradication of poverty in all its forms, in line with Agenda 2030 and Sustainable Development Goal 17.12s 1 ('No Poverty') and 17.12 ('Realisation of duty- free and quota-free market access on a lasting basis for all least developed countries under WTO rules') and to promote the sustainable development agenda, while averting harm to EU industry’s interests. The 2018 GSP Mid- term Evaluation and the 2021 supporting Study for the Impact Assessment underpinning this Regulation concluded that the GSP framework under Regulation (EU) No 978/2012 has delivered on these main objectives, which were at the core of the 2012 overhaul of Council Regulation (EC) No 732/200815 . _________________ 15 Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (OJ L 211, 6.8.2008, p. 1).
Amendment 122 #
2021/0297(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Those objectives remain relevant in the current global context and they are consistent with the analysis and perspective of the recent Commission Communication Trade Policy Review “An Open, Sustainable and Assertive Trade Policy”16 (‘TPR’). According to the TPR, the Union has a “strategic interest to support the enhanced integration into the world economy of vulnerable developing countries” and it “must fully use the strength provided by its openness and the attractiveness of its Single Market” to support multilateralism and to ensure adherence to universal values both inside and outside its territories. For GSP specifically, the TPR notes its important role in “promoting respect for core human and labour rights” and sets the objective for the GSP “to further increase trading opportunities for developing countries to reduce poverty and create jobs based on international values and principles”. Moreover, the scheme should assist beneficiaries in recovering from the COVID-19 impact and in re-building their economies in a sustainable manner, including with respect to international human rights, labour, environmental and good governance standards. Coherence should be ensured between the GSP and its objectives and the assistance provided to beneficiary countries, in line with Union’s Policy Coherence for Development (PCD), which constitutes a key pillar of Union’s efforts to enhance the positive impact and increase effectiveness of development cooperation17 . Finally, the revised GSP should present strengthened tools to foster positive conditionality, regarded as incentives to actively encourage the beneficiary countries to ratify international conventions to which both the Union and the beneficiary are attached to. _________________ 16 COM(2021) 66 final, 18 February 2021 17 Article 208 of the Treaty on the Functioning of the EU concerning PCD reads: “The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries”.
Amendment 130 #
2021/0297(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) By providing preferential access to the Union market, the scheme should assist developing countries in their efforts to reduce poverty and achieve and promote good governance and sustainable development by helping them to generate additional revenue through international trade, which can then be re-invested for the benefit of their own sustainable development and, in addition, to diversify their economies. The scheme's tariff preferences should focus on those developing countries that have greater development, trade and financial needs. Beneficiary countries that show an honest and sincere will to reform their political system to more democratic procedures should be always prioritised.
Amendment 136 #
2021/0297(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The Union has set a series of strategies to reach a carbon-neutral, digital and equal future during the first half of the 21st century, namely its Green Deal, the Circular Economy Action Plan, the Farm to Fork Strategy, its Digital strategy, new sustainable corporate governance standards, and de- forestation and the Biodiversity 2030 Strategy. The best lessons learned from these strategies should be presented to beneficiary countries, without mandatory application by them, in order for them to implement the most suitable lessons in their economic and social systems. Accordingly, the Union should take note of these implementations and record them in order to revise the scheme for the beneficiary.
Amendment 143 #
2021/0297(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The scheme should consist of a basic arrangement (‘standard GSP arrangement’), and two special arrangements, namely the ‘special incentive arrangement for sustainable development and good governance – GSP+’ and the ‘special arrangement for the least-developed countries - EBA’. It, therefore, continues the structure of the previous ten years, which is considered a success, as it focuses on the countries most in need and addresses the varying developmental needs of beneficiaries and their own regional integration processes.
Amendment 144 #
2021/0297(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The standard GSP arrangement should be granted to all those developing countries which share a common development need and are in a similar stage of economic development. There is no definition of ‘developing country’ at the level of the WTO, and it is left to preference granting countries to determine the list of GSP-eligible developing countries. Countries which have successfully completed their transition from centralised to market economies, and are today powerful economies with a strong position in international trade, such as China, Hong Kong, Macao and Russia, should not be considered as developing countries in the context of the GSP, and should, therefore, be removed from the list of eligible countries. Countries which are classified by the World Bank as high- income or upper-middle income countries have per capita income levels allowing them to attain higher levels of diversification without the scheme's tariff preferences. They are at a different stage of economic development and do not, therefore, share the same development, trade and financial needs as lower income or more vulnerable developing countries. In order to prevent unjustified discrimination, they need to be treated differently; therefore, they do not benefit from the standard GSP arrangement. Furthermore, the use of tariff preferences provided under the scheme by high-income or upper-middle income countries would increase the competitive pressure on exports from poorer, more vulnerable countries and, therefore, could impose unjustifiable burdens on those more vulnerable developing countries. The standard GSP arrangement should take account of the fact that the development, trade and financial needs are subject to change and ensure that the arrangement remains open if the situation of a country changes. Moreover, this arrangement should not be applied in the event those countries repeatedly show that they fail to ratify the international conventions covered by this Regulation.
Amendment 150 #
2021/0297(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Countries graduating from the Least-Developed Countries (LDC) category established by the UN should be incentivised to continue on the path of sustainable development. For this purpose, the economic vulnerability criteria to qualify for the special incentive arrangement for sustainable development and good governance should be eased compared to Regulation (EU) No 978/2012, to facilitate access by a larger number of countries graduating from the least developed country category. LDCs should be monitored by the Commission in their progress towards the ratification of international conventions covered by this Regulation. The Commission could structure a distributed ledger technology (DLT) as a base to share good practices among LDCs, the Union, the WTO, UNCTAD and partnering stakeholders.
Amendment 156 #
2021/0297(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission and where appropriate the European External Action Service should monitor the status of ratification of the international conventions on human and labour rights, environmental protection and good governance and their effective implementation, by examining the relevant information, in particular where available the conclusions and recommendations of the relevant monitoring bodies established under those conventions. Every three years, the Commission should present to the European Parliament and the Council a report on the status of ratification of the respective conventions, the compliance of the beneficiary countries with any reporting obligations under those conventions, and the status of the implementation of the conventions in practice. The Commission, together with the External Action Service, and the Parliament should send missions to the ground to assess, in a transparent and accountable manner, the implementation of such plans. The Commission and the Parliament should make their final reports on this assessment, explaining their findings and recommendations. Finally, the Delegations of the Union in beneficiary countries should assist these missions as well as the overall implementation of this Regulation.
Amendment 157 #
2021/0297(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
Amendment 158 #
2021/0297(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For the purposes of monitoring of implementation and, where applicable, withdrawal of tariff preferences, reports from relevant monitoring bodies are essential. However, such reports may be supplemented by other information available to the Commission, including information obtained under bilateral or multilateral technical assistance programmes, and through other sources of information, provided they are accurate and reliable. This could include information from the European Parliament and the Council, related Union agencies, national and regional governments, international organisations, civil society, social partners, or complaints received through the SEP provided they satisfy the relevant requirements. These stakeholders could use a database set up and managed by the Commission to include their findings. Shortcomings identified during the monitoring process may inform the Commission’s future programming of development assistance in a more targeted manner. The Parliament should provide for yearly reports on the matter.
Amendment 174 #
2021/0297(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Product graduation should be based on criteria related to sections and chapters of the Common Customs Tariff. Product graduation should apply in respect of a section or sub-section in order to reduce cases where heterogeneous products are graduated. The graduation of a section or a sub-section (made up of chapters) for a beneficiary country should be applied when the section meets the criteria for graduation over three consecutive years, in order to increase predictability and fairness of graduation by eliminating the effect of large and exceptional variations in the import statistics. Product graduation should not apply to the beneficiary countries of the special incentive arrangement for sustainable development and good governance (GSP+) and the beneficiary countries of the special arrangement for the least-developed countries (EBA) as they share a very similar economic profile rendering them vulnerable because of a low, non-diversified export base.- The tariff preferences provided for in this Regulation apply to products originating in the beneficiary countries in accordance with the rules of origin laid down in the Union Customs Code and the legal acts adopted in accordance with the powers conferred by that Code, in particular Commission Delegated Regulation (EU) 2015/244619 . and Commission Implementing Regulation (EU) 2015/244720 . Regional cumulation between countries of different regional groups and extended cumulation should be granted provided that the applicant beneficiary country brings sufficient evidence that cumulation responds to its development, financing and trade needs, thus leading, amongst others, to economic growth, elimination of poverty, diversification of exports and industrialisation, and provided that it does not impact negatively on the situation of other countries, especially EBA beneficiary countries. Moreover, regional cumulation should support regional integration. When assessing whether granting cumulation responds to the requesting country’s development, financing and trade needs, the Commission should take into account the beneficiary country’s dependency on the supplying country and future perspectives with regard to the products in question. _________________ 19 Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1). 20 Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558–893).
Amendment 195 #
2021/0297(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The advisory procedure should be used for the adoption of implementing acts on suspension from the tariff preferences of certain GSP sections in respect of beneficiary countries and on the initiation of a temporary withdrawal procedure, taking into account the nature and impact of those acts. Finally, the advisory procedure should end with the publication of a list of sustainability certification schemes that recognise products as 'sustainable'.
Amendment 198 #
2021/0297(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The Commission should report regularly to the European Parliament and to the Council on the effects of the scheme under this Regulation through the relevant institutional committees. By 1 January 2030, the Commission should report to the European Parliament and to the Council on the mid-term application of this Regulation and assess the need to review the scheme. The report is necessary to analyse the impact of the scheme on the development, trade andeconomic diversification and modernisation, democratic reforms, poverty eradication, gender equality, but especially sustainable development, trade, financial needs of beneficiaries, as well as on bilateral trade and on the Union's tariff income, with particular attention to the sustainable development goals. The Parliament should make its own report.
Amendment 210 #
2021/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘complaint’ means a complaint, either public or anonymous, submitted to the Commission through the Single Entry Point. by citizens, civil society stakeholders, or for-profit organisations from the Union or from the beneficiary countries covered by the schemes referred to in Article 1 paragraph 2 and relating to conditions and reasons referred to in Articles 9 and 19;
Amendment 217 #
2021/0297(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) the beneficiary countries show an honest and sincere will to reform their political system to more democratic procedures;
Amendment 218 #
2021/0297(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The Commission shall prioritise those beneficiary countries that show an honest and sincere will to reform their political system to more democratic procedures, who take visible steps towards economic diversification and sustainable development, and that take measure to improve gender equality. This provision shall not exclude all those beneficiary countries covered by the schemes referred to in Article 1 paragraph 2 and relating to conditions and reasons referred to in Articles 9 and 19.
Amendment 223 #
2021/0297(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Points (a), (b) and (bc) of paragraphs 1 and 2 shall notalso apply to least-developed countries, as identified by the United Nations.
Amendment 249 #
2021/0297(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) it accepts without reservation the reporting requirements imposed by any of the relevant conventions and gives a binding undertaking to accept regular monitoring and review, by monitoring bodies such as the Commission and the Parliament, of its implementation record in accordance with the provisions of the relevant conventions;
Amendment 256 #
2021/0297(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. As of the date of the granting of the tariff preferences provided under the special incentive arrangement for sustainable development and good governance, the Commission shall, with regard to each of the GSP+ beneficiary countries, keep under review and monitor the status of ratification of the relevant conventions and their effective implementation, as well as the cooperation of the GSP+ beneficiary country with the relevant monitoring bodies. In doing so, the Commission shall examine all relevant information, in particular the conclusions and recommendations of the relevant monitoring bodies. The Parliament shall issue an annual report on the GSP.
Amendment 259 #
2021/0297(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. The Commission, together with the External Action Service, and the Parliament shall send missions to the ground to assess, in a transparent and accountable manner, the implementation of the plans set up by the scheme in the beneficiary country. The Delegations of the Union in beneficiary countries shall assist these missions as well as the overall implementation of this Regulation.
Amendment 273 #
2021/0297(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b – introductory part
Article 14 – paragraph 2 – point b – introductory part
(b) the Commission's and where appropriate the European External Action Service’s conclusions on whether each GSP+ beneficiary country respects its binding undertakings to comply with reporting obligations, to cooperate with relevant monitoring bodies in accordance with the relevant conventions and to ensure the effective implementation thereof, including from civil society organisations and social partners from the Union and the beneficiary countries;
Amendment 274 #
2021/0297(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. The Parliament shall also make its own report, whose assessment and recommendations shall be taken into account by the Commission.
Amendment 277 #
2021/0297(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In drawing their conclusions concerning effective implementation of the relevant conventions, the Commission and where appropriate the European External Action Service shall assess the conclusions and recommendations of the relevant monitoring bodies, as well as, without prejudice to other sources, information submitted by the European Parliament or the Council as well as third parties, including national and, where applicable, regional governments and international organisations, civil society, and social partners.
Amendment 278 #
2021/0297(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The Commission shall set up special domestic advisory groups for GSP beneficiary countries, in order for them to assist the Commission in reviewing, monitoring and assessing their progress in achieving the objectives set up by their respective scheme. Members of the Committee on International Trade of the Parliament shall be also present in these groups.
Amendment 288 #
2021/0297(COD)
6. The Commission shall seek all information it considers necessary including, inter alia, the conclusions and recommendations of the relevant monitoring bodies and information provided by the Parliament, civil society organisations and social partners. In drawing its conclusions, the Commission shall assess all relevant information.
Amendment 295 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Where the Commission considers, in close cooperation with the Parliament and the Council, that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II in order to temporarily withdraw the tariff preferences provided under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2), point (b). In adopting the delegated act the Commission may, when appropriate, consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 298 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 10 a (new)
Article 15 – paragraph 10 a (new)
10 a. A temporary withdrawal shall not mean that the Commission ends all dialogue with the beneficiary country. The Commission, together with the External Action Service, the Parliament and relevant civil society stakeholders or social partners involved, shall set up a dialogue procedure with the government of the beneficiary country with the aim to re-establish the scheme as soon as the beneficiary country complies with the provisions set up in its scheme with the Union.
Amendment 303 #
2021/0297(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. The Commission, the External Action Service, and the Parliament shall ensure that countries benefitting from the special arrangement referred to in paragraph 1 make continued and sustained progress towards ratifying the conventions listed in Annex VI and towards the adoption of National Action Plans for the implementation of the UN Guiding Principles on Business and Human Rights, in conformity with the Guidance on National Action Plans of the UN Working Group on Business and Human Rights, as well as with the ILO Conventions, especially Convention 29 on Forced Labour and 182 on Child Labour.
Amendment 70 #
2021/0214(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has, in its communication on the European Green Deal31 , set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, , open, innovation-driven, resource-efficient and competitive economy, where there are no net emissions (emissions after deduction of removals) of greenhouse gases (‘GHG emissions’) in 2050 and where economic growth is decoupled from resource use. The European Green Deal also aims to protect, conserve and enhance the EU’s natural capital, and protect the health and well- being of citizens from environment- related risks and impacts. At the same time, that transformation must be just and inclusive, leaving no one behind. The Commission also announced in its EU Action Plan: Towards Zero Pollution for Air, Water and Soil32 the promotion of relevant instruments and incentives to better implement the polluter pays principle as set out in Article 191(2) of the Treaty on the Functioning of the European Union (‘TFEU’) and thus complete the phasing out of ‘pollution for free’ with a view to maximising synergies between decarbonisation and the zero pollution ambition. _________________ 31 Communication from the Commission of 11 December 2019 on the European Green Deal (COM(2019) 640 final). 32 Communication from the Commission of 12 May 2021 on Pathway to a Healthy Planet for All (COM(2021) 400).
Amendment 73 #
2021/0214(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Special Report of the Intergovernmental Panel on Climate Change (IPCC) on the impacts of global temperature increases of 1.5°C above pre- industrial levels and related global GHG emission pathways36 provides a strong scientific basis for tackling climate change and illustrates the need to step up climate action. That report confirms that in order to reduce the likelihood of extreme weather events, GHG emissions need to be urgently reduced, and that climate change needs to be limited to a global temperature increase of 1.5°C. Moreover, estimated global warming is currently increasing at 0.2 ºC (likely between0.1 ºC and 0.3ºC) per decade due to past and ongoing emissions. These impacts show an uneven distribution, with most adverse effects on poorer countries and people. _________________ 36 IPCC, 2018: Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre- industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty [Masson-Delmotte, V., P. Zhai, H.-O. Pörtner, D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma- Okia, C. Péan, R. Pidcock, S. Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, M. Tignor, and T. Waterfield (eds.)].
Amendment 75 #
2021/0214(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The EU ETS, as the first major carbon market addressing emissions, has set leadership in the global carbon market in spite of showing shortcomings in key issues such carbon leakage prevention or allocation of free allowances, since it focuses on the Union’s emissions rather than on the carbon footprint of goods and products in and out the Union, thus unadressing the carbon footprint of imports and affecting the competitiveness and reshoring of the Union’s industry.
Amendment 76 #
2021/0214(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7 b) There are strong and increasing inequalities regarding both the effects and the causes of climate change, being the poorest countries the most deeply impacted and at the same time the ones with a lowest share of GHG emissions.
Amendment 77 #
2021/0214(COD)
Proposal for a regulation
Recital 7 c (new)
Recital 7 c (new)
(7 c) The fight against global warming, keeping it under 1.5ºC as established in the Paris Agreement, requires global answers. It is therefore necessary to work together with the World Trade Organisation and other global and multilateral stakeholders in order to reduce emissions. The Union and its Member States should collaborate with their global partners in order to create an open multilateral system that takes sustainable trade to promote the green transition.
Amendment 81 #
2021/0214(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism, based upon the “polluter-pays principle”, is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition. The carbon leakage would ultimately lead to increased global warming if it is not duly addressed.
Amendment 85 #
2021/0214(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) The Union’s carbon border adjustment mechanism strengthens the Union’s principle for free trade. The initiative for a CBAM increases equal opportunities in order to achieve more competitive markets in a decarbonising scenario.
Amendment 86 #
2021/0214(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9 b) The “common-but-differentiated responsibilities”(CBDR), principle of international environmental law establishing that all countries are responsible for addressing global environmental destruction yet not equally responsible, is another principle to which the CBAM should build upon. This principle balances, on the one hand, the need for all states to take responsibility for global environmental problems and, on the other, the need to recognise the wide differences in levels of economic development between countries. These differences in turn are linked to the countries’ contributions to, as well as their abilities to address, these problems. CBDR was formalised in international law at the 1992 United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro.
Amendment 92 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS, as well as indirect emission costs’ compensation, weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions.
Amendment 107 #
2021/0214(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The Commission should guarantee the application of the “polluter-pays principle” by pricing equally the carbon emissions on goods consumed and used in the Union regardless of where the emissions have taken place.
Amendment 108 #
2021/0214(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11 b) The rapid phasing-out of free allowances in combination with the CBAM should ensure a fair system where no producer, either in the Union or in a third country, placing the goods covered by CBAM on the Union’s internal market would be allowed to compete by unfairly and irresponsibly lowering climate ambition. The general exception clause of Article XX of the General Agreement on Tariffs and Trade (GATT) should be the basis for any CBAM design and its only rationale should be an environmental one– reducing global CO2 emissions and preventing carbon leakage as means to improve human health and protect non- renewable energy sources. Even if Article XX of the GATT may suggest a WTO compatibility, the CBAM would still pose an issue to the principles of “most- favoured nation” (Article I of the GATT) and “pacta sunt servanda” (Article II of the GATT). Finally, Article XVI of the GATT on “Subsidies” is key for the introduction of a CBAM compatible with the WTO since there is the possibility that for each exported tone to third countries or non-EU members, producers may not have to pay for emission rights.
Amendment 113 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to lower carbon emissions by preventing the risk of carbon leakage, this Regulation would also encourages the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated.
Amendment 125 #
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 as well as products containing large amounts of these energy- intensive commodities that may be particularly at risk of carbon leakage. The CBAM is a climate measure which should prevent the risk of carbon leakage, encourages sustainable trade and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility.
Amendment 130 #
2021/0214(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The GHG emissions content of imports concerned should be accounted for on the basis of transparent and reliable product-specific benchmarks representing the global average GHG emissions content of individual products disaggregated by different production methods with varying emission intensities. Importers should have the option to prove, in accordance with Union standards for monitoring, reporting and verification (MRV), that the carbon content of their products is lower than the benchmark, and avail of a CBAM price adapted accordingly. The Commission should also assess the inclusion of transport emissions into the CBAM and not only product- based emissions.
Amendment 134 #
2021/0214(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to exclude from the CBAM third countries or territories fully integrated into, or linked, to the EU ETS in the event of future agreements, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of amending the list of countries in Annex II. Conversely, the Commission should exclude and monitor those third countries or territories, should be excludedubject to CBAM, from the list in Annex II and be subject to CBAM whereby they do not effectively charge the ETS price on goods exported to the Union.
Amendment 137 #
2021/0214(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transition period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETSccompanied with relevant calculation methodologies by the Commission, the CBAM should also apply to indirect emissions, mirroring the scope of the EU ETS, in order to ensure equal carbon costs for domestic production and imports from third countries.
Amendment 142 #
2021/0214(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The EU ETS and the CBAM have a common objective of pricing GHG emissions embedded in the same sectors and goods through the use of specific allowances or certificates. Both systems have a regulatory nature and are justified by the need to curb GHG emissions, in line with the environmental objective set out in Union's Regulation 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’), which introduces the main objectives of the Paris Agreement into the Union’s legal framework.
Amendment 145 #
2021/0214(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) The CBAM and the EU ETS should have no differences in their functioning benefitting domestic production over imports. The Commission should only accept such differences as justifiable if it determines that there is a need to ensure the effectiveness of both systems.
Amendment 155 #
2021/0214(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Passing on costs to consumers, while being an expected consequence of CBAM, will increase market prices of some necessity goods. It is therefore necessary to especially protect the most vulnerable populations while strengthening all measures against energy poverty.
Amendment 174 #
2021/0214(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In particular, organic chemicals are not included in the scope of this Regulation due to technical limitations that do not allow to clearly define the embedded emissions of imported goods. For these goods the applicable benchmark under the EU ETS is a basic parameter, which does not allow for an unambiguous allocation of emissions embedded in individual imported goods. A more targeted allocation to organic chemicals will require more data, and analysis and assessment by the Commission, who should consider to include them in the CBAM after the transition period.
Amendment 197 #
2021/0214(COD)
Proposal for a regulation
Recital 51 a (new)
Recital 51 a (new)
(51 a) The Commission should set up and manage a single-point digital portal where authorised declarants may retreive allrelevant information regarding the CBAM as well as on how the CBAM and globalCO2-pricing would affect the price of imported goods covered by the Union’s CBAM. This single-point digital portal should also give the declarant the possibility to report any wrong-doing or suspicion of misuse of such information.
Amendment 199 #
2021/0214(COD)
Proposal for a regulation
Recital 51 b (new)
Recital 51 b (new)
(51 b) The Commission should assess, in the revision of the current Regulation, whether it would be useful to experiment a complementary distributed ledger technology in order for decentralised autonomous organisations aiming at green and sustainability projects to be part of the European carbon market.
Amendment 205 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly, by the end of the transition period, extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 214 #
2021/0214(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In light of the above, in order to strengthen the Union’s multilateral cooperation, a dialogue with third countries should continue and there should be space for cooperation and solutions that could inform the specific choices that will be made on the details of the design of the measure during the implementation, in particular during the transitional period.
Amendment 220 #
2021/0214(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) As the CBAM aims to encourage cleaner production processes by lowering global carbon emissions and preventing carbon leackage, the EU stands ready to work with low and middle- income countries towards the de- carbonisation of their manufacturing industries. Moreover, the Union should support less developed countries with the necessary technical assistance in order to facilitate their adaptation to the new obligations established by this regulation.
Amendment 224 #
2021/0214(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55 a) The CBAM should also be a tool to mitigate and eventually reduce the effects of global warming and climate change in least developed countries (LDCs). Therefore, the Commission should also direct part of the revenues collected by the CBAM to its development aid towards LDCs, ensuring that these implement policies aimed at lowering emissions.
Amendment 225 #
2021/0214(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57 a) The Commission should monitor any changes in trade flows attributable to the CBAM in order to evaluate the efficiency of the measure and to identify circumventing practices. The Commission should ultimately increase and develop its carbon market alongside preventing subsidies to highly polluting industries.
Amendment 248 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 10
Article 2 – paragraph 10
10. The Commission is empowered to adopt delegated acts in accordance with Article 28 to set out requirements and procedures for countries or territories that are deleted from the list in Annex II, Section B, to ensure the application of this Regulation to their territories with regard to electricity. If in such cases market coupling remains incompatible with the application of this Regulation, the Commission may decide to exclude the third countries or territories from Union market coupling and require explicit capacity allocation at the border between the Union and the third country, so that the CBAM can apply. The Commission shall monitor the fulfilment of the conditions set out in paragraphs 5, 7 and 8 of this Article for all third countries and territories listed in Annex II, Sections A and B.
Amendment 250 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11
Article 2 – paragraph 11
11. The Commission is empowered to adopt delegated acts in accordance with Article 28 to amend the lists in Annex II, Sections A or B, depending on whether the conditions in paragraphs 5, 7 or 9 are satisfied, after providing the third country or territory with a written warning laying down the reasons for removal..
Amendment 264 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12 a (new)
Article 2 – paragraph 12 a (new)
12 a. The agreements referred to in the first paragraph shall not lead to undue preferential treatment of imports from the third countries or territories as regards the CBAM certificates to be surrendered.
Amendment 266 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12 b (new)
Article 2 – paragraph 12 b (new)
12 b. The Commission shall inform European Parliament immediately of all stages of the procedure leading to the conclusion of these agreements.
Amendment 279 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
Article 3 – paragraph 1 – point 28 a (new)
Amendment 280 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28 b (new)
Article 3 – paragraph 1 – point 28 b (new)
(28 b) ‘micro, small and medium sized enterprises’ means the definition as set out in Commission Recommendation (2003/361/EC) of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises
Amendment 364 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) the declarant demonstrates its financial and operational capacity to fulfil its obligations under this Regulation. Competent authorities shall not impose excessive burdens on declarants that fall onto the definition of a small or medium- sized enterprise following the Commission Recommendation 2003/361.
Amendment 369 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 6 – introductory part
Article 17 – paragraph 6 – introductory part
6. The competent authority shall require the provision of a guarantee in order to authorise a declarant in accordance with paragraph 1, if the declarant was not established throughout the two financial years that precede the year when the application in accordance with Article 5(1) was submitted. Declarants complying with the definition of a small or medium-sized enterprise following the Commission's Recommendation 2003/361 may be waived from the guarantee by the Commission.
Amendment 383 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. The competent authority shall review any indication of inaccuracies and shall conduct randomised reviews of CBAM declarations, to the extent necessary in order to deliver statistically significant reports to the Commission on incorrect CBAM declarations.
Amendment 394 #
2021/0214(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
By 30 June of each year, the competent authority of each Member State shall cancel any CBAM certificates that were purchased during the year before the previous calendar year and that remained in the accounts in the national registry of the declarants authorised in that Member State. Competent authorities may cancel the CBAM certificates held by declarants that comply with the definition of a small or medium-sized enterprise following the EC Recommendation 2003/361.
Amendment 431 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A Member State non-governmental organisations, environmental organisations, or any party affected or benefitted by the situations described in paragraph 2, or finding concrete evidence of circumvention, may notify the Commission if it is confronted, over a two- month period compared with the same period in the preceding year with a significant decrease in the volume of imported goods included in the scope of this Regulation and an increase of volume of imports of slightly modified products, which are not included in the list of goods in Annex I. The Commission shall continually monitor any significant change of pattern of trade of goods and slightly modified products at Union level.
Amendment 439 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Where the Commission, taking into account the relevant data, reports and statistics, including when provided by the customs authorities of Member States, has sufficient reasons to believe that the circumstances referred to in paragraph 3 are occurring in one or more Member States, it is empowered to adopt delegated acts in accordance with Article 28 to supplement the scope of this Regulation in order to include slightly modified products for anti-circumvention purposes. The Commission shall demand Member States to notify circumvention cases in a quarterly basis and inform the European Parliament yearly on the practices of CBAM circumvention.
Amendment 467 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I, and develop methods of calculating embedded emissions based on environmental footprint methods, six months after the entry into force of this Regulation.
Amendment 474 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future. The report shall also consider the feasability of directing a significant share of the revenue raised by the CBAM to help developing countries to implement policies that shift the economy away from carbon-intensive industries. Notwithstanding the timeframe of the reports to be issued by the Commission to the European Parliament, the latter shall be able to make its own report whenever it deems it necessary after the entry into force of this Regulation.
Amendment 488 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The report by the Commission shall, if appropriate, be accompanied by a legislative proposal. The Commission shall take into account the report issued by the European Parliament.
Amendment 504 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point d
Article 35 – paragraph 2 – point d
(d) the carbon price due in a country of origin for the embedded emissions and the indirect emissions embedded in the imported goods, which is not subject to an export rebate or other form of compensation on exportation.
Amendment 507 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The competent authority shall communicate the information referred to in paragraph 2 to the Commission at the latest two months after the end of the quarter covered by a report. Where appropriate, the competent authority shall be assisted by regional authorities with trade policy competences.
Amendment 58 #
2021/0114(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) At the same time, undertakings might receive subsidies from third countries, that provide public funds which are then used, for instance, to finance economic activities in the internal market in any sector of the economy, such as participation in public procurement tenders, or acquisitions of undertakings, including those with strategic assets such as critical infrastructure and innovative technologies. Such subsidies are currently not subject to Union State aid rules and, in the last decades, different third countries have increased this practice of giving out subsidies both with the objective to strengthen their respective national trading interests all over the world, as well as their geopolitical purposes.
Amendment 59 #
2021/0114(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) FTherefore, foreign subsidies can distort the internal market and undermine the level playing field for various economic activities in the Union. This could in particular occur in the context of concentrations entailing a change of control over Union undertakings, where such concentrations are fully or partially financed through foreign subsidies, or if undertakings benefiting from foreign subsidies are awarded public contracts in the Union.
Amendment 62 #
2021/0114(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) It is therefore necessary to complement existing Union instruments with a new tool to effectively deal with distortions in the internal market caused by foreign subsidies and ensure a level playing field and the Union's strategic autonomy. In particular, the new tool complements Union State aid rules which deal with distortions in the internal market caused by Member State subsidies.
Amendment 77 #
2021/0114(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) The Commission should also consider as a financial contribution any privileged access of an undertaking to its own domestic market, such as, but not only, exclusive rights of entry, or lower administrative barriers. The Commission should assess this type of financial contribution on a case-by-case basis.
Amendment 89 #
2021/0114(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) Furthermore, the Commission should also assess whether the undertaking that has received a financial contribution from its third country of origin has a history of other distortive practices, such as dumping, or a history of violations on human rights, especially when it refers to forced labour and child labour. This history should also be taken into account by the Commission as complementary indicators. The Parliament should flag it through its annual report on the implementation of the common commercial policy.
Amendment 102 #
2021/0114(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should have the power, on its own initiative, to examine any information on foreign subsidies. To this end, it is necessary to establish a procedure consisting of two steps, namely a preliminary review and an in-depth investigation. Additionally, the Commission should act upon information received from any relevant source, including Member States, regions, undertakings, whistle-blowers within foreign undertakings, and civil society organisations.
Amendment 112 #
2021/0114(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) The Parliament should be invited to the in-depth investigation, with the provision that the members invited will not disclose any information during such investigation.
Amendment 116 #
2021/0114(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should have appropriate instruments to ensure the effectiveness of commitments and redressive measures. If the undertaking concerned does not comply with a decision with commitments, a decision imposing redressive measures, or a decision ordering interim measures, the Commission should have the power to impose fines and periodic penalty payments. The Commission should inform the Parliament accordingly.
Amendment 117 #
2021/0114(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure the correct and effective application of this Regulation, the Commission should have the power to revoke a decision and adopt a new one, where the decision was based on incomplete, incorrect or misleading information, or where an undertaking acts contrary to its commitments or the redressive measures imposed. The Parliament should be duly informed of the whole procedure.
Amendment 124 #
2021/0114(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Below the notification thresholds, the Commission cshould require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
Amendment 128 #
2021/0114(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) When reviewing a concentration, the assessment of whether there is a distortion in the internal market should be limited to the concentration at stake, and only foreign subsidies granted in the three years prior to the concentration as well as future subsidies that the Commission has been able to know, that have been already decided by the third country's government and that will be effective within one year following the concentration, should be considered in the assessment of the Commission.
Amendment 136 #
2021/0114(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) When a foreign financial contribution is notified in the context of a public procurement procedure, the assessment should be limited to that procedure, as well as to future subsidies that the Commission has been able to know, that have been already decided by the third country's government and that will be effective within one year following the concentration.
Amendment 152 #
2021/0114(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in accordance with Article 291 of the Treaty. Those powers should be exercised to set out the form and content of notifications of concentrations as well as of financial contributions in the context of public procurement procedures, details of disclosure, form and content of transparency requirements, calculation of time-limits, conditions and time-limits for commitments and detailed rules on the procedural steps concerning investigations regarding public procurement procedures. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 as soon as this Regulation has entered into force.
Amendment 159 #
2021/0114(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure a level playing field on the internal market also in the long term, as well as the Union's strategic autonomy, with a view to ensuring adequate coverage of cases investigated both through notifications as well as ex officio, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending the notification thresholds for concentrations and for public procurement procedures, exempting certain categories of undertakings from the notification obligations under this Regulation, as well as amending the time limits for the preliminary review and the in-depth investigations of notified concentrations or notified financial contributions in the context of a public procurement procedure, after the Parliament has been duly informed. In relation to financial contributions in the context of a public procurement procedure, the power to adopt such acts should be exercised in a way that takes into account the interests of SMEs. It is of particular importance that the Commission carries out appropriate consultations during the preparations of those acts, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making47 . 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' expertexperts from Member States and regions, as well as specialised civil society organisations, and theirse experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 47 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 161 #
2021/0114(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48 a) The Commission, taking into account the work undertaken by the Parliament and the Council, should evaluate the scope, functioning and effectiveness of this Regulation within three years after its entry into force. The Parliament could then ask a revision of this Regulation through its annual report on the implementation of the common commercial policy.
Amendment 190 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(b a) The Commission shall also consider as a financial contribution any privileged access of an undertaking to its own domestic market, such as, but not only, exclusive rights of entry, or lower administrative barriers. The Commission shall assess this type of financial contribution on a case-by-case basis.
Amendment 191 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b b (new)
Article 2 – paragraph 2 – point b b (new)
(b b) The Commission shall also assess whether the undertaking that has received a financial contribution from its third country of origin has a history of other distortive practices, such as dumping, or a history of violations on human rights, especially when it refers to forced labour and child labour. This history shall also be taken into account by the Commission as complementary indicators. The Parliament shall flag it through its annual report on the implementation of the common commercial policy.
Amendment 204 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(e a) a history of other distortive practices, such as dumping, or a history of violations on human rights, especially when it refers to forced labour and child labour.
Amendment 237 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity. The Commission shall duly inform the Parliament and the Council.
Amendment 242 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) The Commission shall take into account the balancing between the negative and positive effects when deciding whether to impose redressive measures or to accept commitments, and the nature and level of those redressive measures or commitments. The Commission shall duly inform the Parliament and the Council.
Amendment 250 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) To remedy the distortion on the internal market actually or potentially caused by a foreign subsidy, the Commission mayshall impose redressive measures. The undertaking concerned may alsoshall offer commitments.
Amendment 254 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures mayshall consist of the following:
Amendment 261 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point h a (new)
Article 6 – paragraph 3 – point h a (new)
(h a) commit to redress its history of other distortive practices, such as dumping, or its history of violations on human rights, especially when it refers to forced labour and child labour;
Amendment 264 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) The Commission mayshall impose reporting, accountability and transparency requirements.
Amendment 267 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
(5) If an undertaking offers commitments which fully and effectively remedy the distortion on the internal market, the Commission mayshall accept them and make them binding on the undertaking in a decision with commitments according to Article 9(3).
Amendment 286 #
2021/0114(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Additionally, the Commission should act upon information received from any relevant source, including Member States, regions, undertakings, whistle-blowers within foreign undertakings, and civil society organisations.
Amendment 288 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
(1) The Commission shall seek all the information it considers necessary to assess, on a preliminary basis, whether the financial contribution under examination constitutes a foreign subsidy and whether it distorts the internal market. To that end, the Commission mayshall in particular:
Amendment 296 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
(2 a) The Parliament shall be invited to the in-depth investigation, with the provision that the Members of the European Parliament invited shall not disclose any information during such investigation.
Amendment 305 #
2021/0114(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
Amendment 306 #
2021/0114(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
The Commission mayshall take interim measures, where:
Amendment 321 #
2021/0114(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) The Commission mayshall require an undertaking concerned to provide all necessary information.
Amendment 322 #
2021/0114(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
(2) The Commission mayshall also request such information from other undertakings or associations of undertakings.
Amendment 327 #
2021/0114(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
(4) At the request of the Commission, Member States and, where applicable, regions shall provide it with all necessary information to carry out the duties assigned to it by this Regulation.
Amendment 330 #
2021/0114(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
(5) The Commission mayshall also request a third country concerned to provide all necessary information.
Amendment 334 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) The Commission mayshall conduct the necessary inspections of undertakings.
Amendment 343 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
(7) Upon request of the Commission, a Member State shall in its own territory carry out any inspection or other fact- finding measure under its national law in order to establish whether there is a foreign subsidy distorting the internal market. Where applicable, the Member State shall involve its regions.
Amendment 344 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
(7 a) The Commission shall duly inform the Parliament of the former's inspections of undertakings.
Amendment 346 #
2021/0114(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to carry out the duties assigned to it by this Regulation, the Commission mayshall conduct inspections in the territory of a third country, provided that the undertaking concerned has given its consent and the government of the third country has been officially notified and has agreed to the inspection. Article 12(1), (2), and (3) points (a) and (b) shall apply by analogy, after the Commission has duly informed the Parliament.
Amendment 349 #
2021/0114(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
(1) The Commission mayshall take a decision pursuant to Article 8 or Article 9 on the basis of the facts available, if an undertaking concerned or a third country:
Amendment 372 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
(a) the acquired undertaking or at least one of the merging undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 500 million or represents 10% of the sector revenue in a Member State; and
Amendment 377 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
(b) the undertakings concerned received from third countries an aggregate financial contribution in the three calendar years prior to notification of more than EUR 50 million or equal to 1% of the sector revenue in a Member State.
Amendment 395 #
2021/0114(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
(5) The Commission mayshall request the prior notification of any concentration which is not a notifiable concentration within the meaning of Article 18 at any time prior to its implementation where the Commission suspects that the undertakings concerned may have benefitted from foreign subsidies in the three years prior to the concentration. That concentration shall be deemed to be a notifiable concentration for the purposes of this Regulation.
Amendment 401 #
2021/0114(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
(3) The Commission mayshall, upon request, grant a derogation from the obligations laid down in paragraphs 1 or 2. The request to grant a derogation shall state the grounds for the derogation. In deciding on the request, the Commission shall take into account in particular the effects of the suspension on one or more undertakings concerned by the concentration or on a third party and the risk of a distortion on the internal market posed by the concentration. Such a derogation may be granted subject to certain conditions and obligations in order to ensure that there is no distortion on the internal market. A derogation may be applied for and granted at any time, either before notification or after the transaction.
Amendment 402 #
2021/0114(COD)
Proposal for a regulation
Article 23 – paragraph 6 – introductory part
Article 23 – paragraph 6 – introductory part
(6) The Commission mayshall adopt a decision pursuant to Article 24(3) without being bound by the time limits referred to in paragraphs 1 and 4, in cases where:
Amendment 403 #
2021/0114(COD)
Proposal for a regulation
Article 23 – paragraph 6 a (new)
Article 23 – paragraph 6 a (new)
(6 a) The Commission shall duly inform the Parliament regarding this decision.
Amendment 406 #
2021/0114(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
(2) The Commission mayshall initiate an in- depth investigation under Article 8(2) no later than 25 working days after receipt of the complete notification and duly inform the Parliament.
Amendment 408 #
2021/0114(COD)
Proposal for a regulation
Article 24 – paragraph 6 – introductory part
Article 24 – paragraph 6 – introductory part
(6) The Commission mayshall, where it finds that a concentration has already been implemented and that concentration has been found to distort the internal market pursuant to Articles 3 to 5 adopt one of the following measures:
Amendment 409 #
2021/0114(COD)
Proposal for a regulation
Article 24 – paragraph 6 – subparagraph 2
Article 24 – paragraph 6 – subparagraph 2
The Commission mayshall adopt any of the measures referred to in points (a) or (b) where it finds that a concentration has been implemented in breach of a decision taken pursuant to paragraph (3), point (a), which has found that, in the absence of the commitments, the concentration would fulfil the criterion laid down in paragraph 3, point (c).
Amendment 410 #
2021/0114(COD)
Proposal for a regulation
Article 24 – paragraph 7 – introductory part
Article 24 – paragraph 7 – introductory part
(7) The Commission mayshall order interim measures referred to in Article 10 also where:
Amendment 412 #
2021/0114(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
(1) The Commission may impose fines and periodic penalty payments as set out in Article 15 and shall duly inform the Parliament.
Amendment 470 #
2021/0114(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
(3 a) The Commission shall inform the Parliament regarding these decisions.
Amendment 488 #
2021/0114(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
(2) The Commission mayshall publish a report on the results of its market investigation into particular sectors, particular types of economic activity or particular subsidy instruments and invite comments from interested parties.
Amendment 489 #
2021/0114(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
(3) The Commission mayshall use the information obtained from such market investigations in the framework of procedures under this Regulation.
Amendment 526 #
2021/0114(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
The Commission, taking into account the work undertaken by the Parliament and the Council, shall evaluate the scope, functioning and effectiveness of this Regulation within three years after its entry into force. The Parliament may then ask a revision of this Regulation.
Amendment 15 #
2020/2276(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the Atlantic Ocean has historically had a high-value strategic factor for Europe, as it represents a potential that may be significantly enhanced by scientific and technological development;
Amendment 23 #
2020/2276(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the principle of sustainable development as the main driver for economic growth in the EU; calls on the Commission to promote research, development and innovation as tools that contribute towards the clean energy transition with the support of high-quality technological tools, for which both the US and the EU should also strongly and closely cooperate;
Amendment 31 #
2020/2276(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Member States to complete priority projects included in the Trans-European Transport Network for the Atlantic Arc; underlines the fact that the various macro- regional strategies have been effective at facilitating cooperation, recovery and the efficient use of EU programmes; calls, therefore, on the Commission to draft an Atlantic macro-regional strategy based on the current sea basin strategy for the Atlantic; considers that the Union and the US should also push for Marine Protected Areas in the South Atlantic;
Amendment 45 #
2020/2276(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to focus on further ways to boost the decarbonisation of maritime transport as a way to promote investments towards sustainability with the aim to diversify in terms of renewable energy sources;
Amendment 64 #
2020/2276(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Considers that a new Atlantic maritime strategy could pave the way for a new maritime state model in which small European Union Member States could also shape a new political geography in the years to come;
Amendment 6 #
2020/2273(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the damage to the planet’s biodiversity is almost at the point of no return and that biodiversity loss is a driver of zoonotic pathogens such as COVID-19; recalls that environmental externalities made by trade are a visible symptom of no country can bring about impact equality in their own economy; highlights the scientific evidence on the role of trade in biodiversity loss, in particular with regard to trade in minerals, biomass and certain agricultural commodities, and biodiversity loss due to land-use changes, invasive alien species, overexploitation of resources and pollution; urges the Commission to introduce the principles of One Health and Health in All Policies also in trade- related policies and legislative measures;
Amendment 14 #
2020/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the Secretariat of the UN Convention on Biological Diversity has strongly encouraged local and subnational action for biodiversity, understanding that decentralized planning serves as an effective support to deploy global biodiversity strategies;
Amendment 18 #
2020/2273(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that the growing internationalisation of economies, through delocalised processes of production and consumption, exerts multiple impacts on nature at a global scale and beyond the EU’s territories;
Amendment 24 #
2020/2273(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of systematically including a biodiversity dimension to all sustainable impact assessments (SIAs) that follow a robust methodology, as suggested by available Commission studies, and to consistently factor in biodiversity issues; requests that the Commission secure adequate funding for carrying out such analyses on biodiversity; calls for SIAs to be launched as part of the scoping exercise phase on future free trade and investment agreements and for them to be regularly updated as negotiations develop in order to adequately identify, assess and address possible risks as early as possible, and to shape relevant bilateral commitments outlined in the negotiations; stresses the importance of systematically conducting regular ex post sustainable impact assessments to ensure consistency with the EU’s international commitments on biodiversity; calls for trade and sustainable development (TSD) chapters to include time-bound roadmaps that provide verifiable commitments and objectives, which are to be regularly monitored by ex post SIAs and for the lowering of (non- )tariff barriers be made conditional thereon; invites the Commission to update existing chapters accordingly; calls on the Commission to work closely with the Parliament and specialised stakeholders to address these measures; calls on the Commission and the Member States to implement the measures outlined and agreed upon in TSD chapters also in Union territories, in order to be consistent and coherent with what the Union demands to third countries;
Amendment 31 #
2020/2273(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and the Member States to join efforts to reach an agreement on marine biological diversity beyond national jurisdiction; recalls that the establishment of MPAs in areas beyond national jurisdiction must be supported by socio-economic and ecological impact assessments based on the best available scientific advice;
Amendment 39 #
2020/2273(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the Commission to consider the extra-territorial dimension of biodiversity loss, especially on developing countries, and to scientifically assess the Union's overall impact on the planet’s biodiversity;
Amendment 50 #
2020/2273(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that the EU’s trade policy and green diplomacy should aim to phase out fossil fuels and environmentally harmful subsidies as a matter of urgency in accordance with the commitments taken at the G20 Summit in Pittsburgh in 2009; invites the Commission to agree on a roadmap with each trade partner covered by a trade agreement, with milestones in place, and to show leadership in relevant international forums, especially the WTO, in which the Union should continue its leading role towards multilateral solutions to common global problems;
Amendment 57 #
2020/2273(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests that the Council in its draft mandate of future agreements and, on the occasion of the review of existing agreements, make the Convention on Biological Diversity (CBD), together with the Paris Agreement, an essential element of free trade agreements; urges the Commission to introduce the CBD in its trade policy review;
Amendment 70 #
2020/2273(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the Commission to explore the possibility of adding a wildlife crime-related protocol to the UN Convention against Transnational Organized Crime; calls therefore on the Commission to also urgently present a proposal for an EU legal framework based on mandatory due diligence regarding wildlife trade (under CITES Convention) and impacts on biodiversity loss in third countries with which the Union has trade ties;
Amendment 89 #
2020/2273(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 95 #
2020/2273(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission to encourage Member States to update, align or adopt their own biodiversity strategies under the framework of the EU Biodiversity Strategy 2030; and to count on the role and competences of subnational governments, cities and other local authorities to effectively tackle biodiversity loss at all scales;
Amendment 25 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EU internal market is the world’s biggest importer and exporter of agri-food products; is convinced that the EU should use this position to set the benchmark in terms of standards for sustainable food systems, based on the precautionary principle, environmental protection and animal welfare; considers, in this sense, that the One Health and Health in All Policies principles should be also an integral part of the trade and investment accords fostered, led and signed by the Union;
Amendment 51 #
2020/2260(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that sustainable production should become a key characteristic of EU agri-food products, expanding the concept of quality to social and environmental aspects; welcomes, therefore, the strategy’s objective that the healthy, environmentally respectful and sustainable choice should become the most affordable one, also embedded in trade accords;
Amendment 66 #
2020/2260(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the Food to Fork Strategy should have into account that improving rural health care reduces illegal logging and conserves carbon in a tropical forests; calls on the Commission to make an impact assessment on the accessibility of carbon markets to interventions aiming to couple rural health programs with forest conservation in a similar way and how to include these provisions in TSD chapters;
Amendment 73 #
2020/2260(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to pursue the objectives of the Farm to Fork Strategy through the development of Green Alliances in all relevant forums, including the UN Food Systems Summit 2021; calls on the Commission to promote stronger coordination between all public and private stakeholders, including local governments in order to achieve these objectives;
Amendment 89 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the importance of enforceable Trade and Sustainable Development chapters in trade agreements to promote biodiversity, foster more sustainable agri-food production and stop EU-driven global deforestation; urges support for developing countries to promote food security and alignment with European standards for sustainability; considers that TSD chapters are, together the General System of Preferences (GSP), the current best ways to ensure compliance by third countries with which the Union has signed trade accords on human rights, environmental and labour standards, which have a return in the agri-food sector of these third countries;
Amendment 119 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the risk of putting the EU agri-food sector at a competitive disadvantage in the absence of global convergence of standards, and of leading to increased costs for consumers; calls on the Commission to present a comprehensive impact assessment of the targets envisaged in the Strategy, as well as proportionate measures to maintain the competitiveness of the EU agri-food sector and ensure reciprocity of standards; urges the Commission to help third countries with which the Union has signed trade agreements to foster market diversity and combat market concentration in the agri- food sector;
Amendment 130 #
2020/2260(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to make an impact assessment on the possible adoption of European legislation for a carbon border adjustment mechanism (CBAM) for the ETS-sectors and for food imported to the Union from third countries with lower standards on GHG emissions in the agricultural sector, lower standards on their deforestation policies, or higher carbon footprints per kilogram, as well as for products like meat, dairy and animal feed;
Amendment 1 #
2020/2216(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the European Union needs to take urgent steps to close the gap with the US and China to be at the forefront of ensuring a competitive data- driven global economy; notes that the Union should close a bilateral investment agreement with the Republic of China (Taiwan) and look for measures to help citizens from Hong Kong to settle in the Union as a way to ensure their social, civic and political rights; considers that the Commission should review export controls in case they apply to the Xinjiang province in order to ensure the Union is doing all it can to prevent the exports of goods that may contribute to human rights abuses in that province; stresses that this review should determine which additional specific products will be subject to export controls in the future;
Amendment 16 #
2020/2216(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Strongly supports multilateral solutions for digital trade rules and calls for the plurilateral WTO negotiations on e- commerce to be concluded; regrets that, in the absence of global rules, EU companies are faced with non-tariff barriers in digital trade such as unjustified data localisation and mandatory technology transfer requirements; supports making the WTO moratorium on electronic transmissions permanent; considers that digitalization greatly benefits supply chains and trade;
Amendment 26 #
2020/2216(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for AI on trade systems to be technically robust in order for them not tobe used for harmful purposes to European trading interests; stresses that fundamental principles for the development of AI trade services is the consent of the user and her anonymity, without any mandatory nature of using contact-tracing applications; urges therefore for AI services to be user-based; urges the Commission to set up means to certify these services in order to prevent the proliferation of harmful contact- tracing applications; stresses that regional and local competences as regards to AI services, where existent, should be guaranteed and that notice-and-action mechanisms should be based on the principle of subsidiarity and therefore recognise these type of competences in order to guarantee that regional administrations do not lose competences;
Amendment 27 #
2020/2216(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Stresses that the most important impact of the blockchain is the facilitation of trade, providing a secure structure for the exchange of information and process structuring; considers that the added value of this technology is the creation of a trust framework where there is no single platform with a single administrator, where all actors involved are on the same level, and where decentralized control is blockchain's main basis; recalls that blockchain technologies may be beneficial for customs procedures, with high information exchange, more transparency, greater trust between partners; considers that blockchain technologies may also be beneficial for trade and sustainable development (TSD); regrets that the Union still lacks of a harmonised legal framework on the use of blockchain technologies in trade;
Amendment 28 #
2020/2216(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reminds the Commission that any proposal on the digital single market should fully respect the EU’s international obligations, including WTO and bilateral trade agreements; urges the Commission to fully assess the geopolitical and strategic implications of its proposals; urges the Member States and the Commission to promote interoperability between devices, applications, data repositories, services and networks, necessary to fully benefit from the deployment of information and communication technologies (ICTs), also used in the trade sector by its users;
Amendment 33 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the conclusion of the rules-based Asian Regional Comprehensive Economic Partnership (RCEP) agreement, which deepens the economic integration of the region, integrates its supply chains, includes two of the world's three largest economies, harmonises rules-of-origin provisions, establishes a single set of regional content rules effectively creating a single market for immediate goods that will promote the creation and development of supply chains; regrets, however, the lack of a robust sustainable development chapter in the RCEP and that it will provide modest demand boost for trade because most goods tariff reductions have already been provided for under existing trade agreements, while planned liberalisation of services trade is limited; believes that the conclusion of the RCEP should encourage the EU to help set global rules for the digital economy; supports in this regard the establishment of an EU-US Trade and Technology Council and the work on a Transatlantic AI Agreement to help facilitate trade and the development of compatible rules and standards in digital trade; welcomes the new US Administration's new open stances with its European counterparts;
Amendment 46 #
2020/2216(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 51 #
2020/2216(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes that artificial intelligence, as well as distributed ledger technologies (DLT),are game-changer technologies in the field of trade, giving the possibility to assemble large amounts of data; stresses that the Union’s new Digital Strategy should embrace trade as a key sector that could revolutionise itself thanks to artificial intelligence;
Amendment 1 #
2020/2131(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas the World Investment Record 2020 of the United Nations Conference on Trade and Development (UNCTAD) projected that FDI would continue to decrease between5%and 10% in 2021, with a new increase in 2022 because of global supply chain restructuring and to a possible improvement of global economy;
Amendment 2 #
2020/2131(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. whereas following the2008 global financial crisis, cross-border investment flows in productive assets stopped expanding, along with slow growth in trade and a slowdown in global value chains; whereas in the current context, anti–COVID containment measures and the prospects of a COVID–induced global recession are leading companies to reassess and delay new investment projects, to which restrictive measures on investment adopted by governments during the crisis are to be added to these eventualities;
Amendment 3 #
2020/2131(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Calls on the Member States to properly implement the Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (Late Payments Directive) to all SMEs, since they are among the most affected by the COVID–19 crisis; calls on the Commission to properly monitor the implementation of the Late Payments Directive and to impose penalties on those Member States that fail to comply with this Directive;
Amendment 60 #
2020/2131(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Applauds the Commission for having taken the Decision (EU) 2020/1101 of 23 July 2020 in order to extend the validity period on relief from import duties and VAT exemption on importation granted for goods needed to combat the effects of the COVID–19 outbreak during 2020, a decision that takes burdens out of European SMEs;
Amendment 65 #
2020/2131(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Urges the Commission and the Member States to champion the digital transformation of SMEs, by modernising regulatory frameworks and strengthening capacity of SMEs to participate in the digital economy; urges the Commission and the Member States to develop capacity-building initiatives for exporting SMEs;
Amendment 68 #
2020/2131(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Encourages uptake and investment in new technologies, skills and innovation and support existing SMEs to take advantage of the benefits of the digital transformation, and promote the development of smart transport modes and tourism destinations;
Amendment 71 #
2020/2131(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Is of the opinion that the Union should show leadership in addressing constraints and challenges when it comes to internationalisation by advocating for simplified rules oforigin, dedicated chapters for SMEs in its free trade agreements (FTAs) with third countries and pushing for an inclusive and ambitious SME agenda at the WTO;
Amendment 72 #
2020/2131(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Calls on the Commission to enable micro- and small-sized enterprises to develop a stronger position in global supply chains with an increase on the information available to SMEs on new opportunities and the possible linkages and partnerships with larger businesses; recommends the European External Action Service that the Delegations of the Union in third countries should establish strategic dialogue platforms with business networks;
Amendment 75 #
2020/2131(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Urges the Commission and the Member States to champion the digital transformation of transport and tourism, by modernising regulatory frameworks and strengthening capacity of SMEs to participate in the digital economy; urges the Commission and the Member States to develop capacity-building initiatives such as travel-tech incubators, accelerators, mentoring opportunities and other non- tech initiatives;
Amendment 32 #
2020/2117(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the mainstreaming of the European Green Deal into the communication on the Trade Policy Review (TPR) and calls for a concrete action plan to make this ambition a reality, taking into account the European Union's geographical position and its commitment and courage embracing the digital and green transitions, setting new standards in terms of the sustainable development chapters of the free trade agreements signed with new trading partners;
Amendment 40 #
2020/2117(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the incorporation of the Paris Agreement as an essential element in all trade, investment and partnership agreements; stresses that ratification of the International Labour Organization (ILO) core conventions and respect for human rights are requirements for concluding FTAs; asks for ambitious chapters on gender and on small and medium-sized enterprises (SMEs) to be included in all trade agreements; considers that the Health in All Policies principle, as well as the One Health approach, should also be an integral part of the Union's trade agreements with third countries;
Amendment 62 #
2020/2117(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that brown goods still receive preferential treatment over green goods and that tariffs and trade barriers are working against sustainable trade; demands that the Commission devise instruments to tackle these distortions and walk the talk of the Green Deal by implementing it in all aspects of trade policy; points out that the post-COVID world will see a sharp increase in demand for rare earths in order to speed up the green and energy transition; urges the Commission to consider the aforementioned issue as an integral part of its trade competences;
Amendment 67 #
2020/2117(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that high up-front costs, which will only repay themselves over time, and a lack of know-how and equipment are currently preventing developing countries from ‘going green’; demands that the Commission use all trade instruments at its disposal to increase financial support, technical assistance, technology transfers and digital penetration in order to empower developing countries and enable them to achieve sustainable resilience; considers that the revision of the General System of Preferences is a first and positive step towards this goal;
Amendment 92 #
2020/2117(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that transparency, accountability and dialogue are key to creating support for trade policy; insists that the role and responsibilities of civil society and domestic advisory groups must be clearly defined in the EU’s international agreements and that financial assistance must be accompanied by capacity-building measures to enable it to function effectively;
Amendment 96 #
2020/2117(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that implementation of all aspects of the FTAs, including labour rights and sustainable development and tackling climate change, should be made; urges the Commission to evaluate together with the Parliament through its Committee of International Trade; stresses that the Parliament should have a stronger role in assessing the implementation of FTAs vis-à-vis the Commission and the Council;
Amendment 97 #
2020/2117(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Believes that the EU should prioritise trade and investment deals with democratic third countries over other kind of regimes, particularly in the Asian continent;
Amendment 125 #
2020/2117(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that openness should go hand in hand with safeguarding our strategic sectors and should be closely connected with an ambitious, forward- looking industrial policy in line with the Green Deal and digital strategy, developing its circular economy, implementing sustainable finance, working towards a carbon border adjustment mechanism, creating quality jobs and ensuring that Europe plays a crucial role in the production of innovative goods and future services;
Amendment 148 #
2020/2117(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to come up with a digital trade strategy to increase the market access of European businesses and protect EU citizens’ rights under the GDPR13 ; underlines the acceleration of the digital revolution due to COVID-19 and stresses the importance of the EU taking the lead in setting standards for a sustainable, digital-driven global economy and keeping international data flows open; considers that the Commission should assess the implementation of blockchain, artificial intelligence and other quantic or advanced computational technologies into its trade and customs competences; considers that the proposal for a regulation on a framework for the issuance, verification and acceptance of interoperable certificates on vaccination, testing and recovery to facilitate free movement during the COVID-19 pandemic(Digital Green Certificate) [2021/0068 (COD)] should be temporary and, at the same time, a base to further digital-related European legislation; __________________ 13Regulation (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 (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 160 #
2020/2117(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that some regions have developed significantly in terms of their trade share and could bring their expertise to their peers, in terms of sharing good practices and lessons learned; considers that the Union's commitment to digital trade, like provisions on e-commerce in FTAs and IAs, require more attention than ever due to the increasing protectionist policies seen from some traditional trading partners;
Amendment 170 #
2020/2117(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that international trade governance has an important role to play in the rapid development of medical treatments and vaccines, the rapid scaling up of production, the development of resilient global value chains and equitable market access for the whole world; stresses, in this context, that the COVID-19 pandemic must be used to provide impetus for more concerted international cooperation and to boost global preparedness for health emergencies; in this sense, points out that the proposals for regulations to build a European Health Union1a, as well as a future European Health Emergency, Response and Preparedness Authority, are an opportunity to strengthen the current competences on health; __________________ 1aProposal for a regulation on serious cross-border threats to health and repealing Decision No 1082/2013/EU; Proposal for a regulation amending Regulation (EC) No 851/2004 establishing a European Centre for disease prevention and control; Proposal for a regulation on a reinforced role for the European Medicines Agency in crisis preparedness and management for medicinal products and medical devices
Amendment 205 #
2020/2117(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers that the ongoing proposal for a regulation on a reinforced role for the European Medicines Agency in crisis preparedness and management for medicinal products and medical devices [2020/0321 (COD)] is a relevant step towards fulfilling sufficient resilience in European health-related supply chains, especially in order to keep the key supply chains for essential goods for a health crisis (i.e. medical supplies, food products, ICT goods and services) open and functioning;
Amendment 214 #
2020/2117(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on economic sanctions on European governmental and commercial organisations implicated in human rights violations and abuses perpetrated in third countries with strong commercial ties with the Union, in order to prevent and discourage complicity with human rights' violations that may constitute crimes against humanity under international law;
Amendment 216 #
2020/2117(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Applauds the Commission's commitment to facilitate and improve trade with an extended One Stop Shop (OSS) in order to allow the suppliers of intra-EU distance sales of goods to account for VAT due in other Member States, without being obliged to register for VAT in these countries; considers that including intra-EU distance sales of excise products in the VAT OSS as from 2021 for the declaration and payment of VAT is a positive measure and asks the Commission whether there may be more of these;
Amendment 259 #
2020/2117(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls the Commission to take measures on those companies which are currently benefitting from the forced labour camps in Xinjiang and Tibet, China, where thousands of Uyghur and Tibetan citizens are forced to work on the production of goods that later on are part of the supply chains of certain European and global companies;
Amendment 263 #
2020/2117(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Calls on the Commission to establish a streamlined mechanism on the Union side that gives civil society the opportunity to lodge a complaint when third countries do not comply with the sustainability commitments in bilateral trade agreements; calls on the Commission to draft an action plan in the field of International Corporate Social Responsibility (ICSR);
Amendment 272 #
2020/2117(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Recalls that, in order to strengthen confidence in trade and global markets, a shared transparent information base is necessary in order to underpin sound policy responses and the international co- operation to keep trade flowing; considers that in the post-COVID world, it will be critical that trading partners honour their commitments to notify trade-related measures taken in response to the pandemic to the WTO;
Amendment 12 #
2020/2115(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that the objective of the EU-Asia connectivity strategy is to ensure that countries that matter for the connectivity of the Union diversify their connectivity strategies, including the European Union alongside other large countries;considers that connectivity should not lead to dominion by other means;
Amendment 13 #
2020/2115(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls on economic sanctions on European governmental and commercial organisations implicated inhuman rights violations and abuses perpetrated in third countries with strong commercial ties with the Union, in order to prevent and discourage complicity with human rights' violations that may constitute crimes against humanity under international law;
Amendment 31 #
2020/2115(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges the Commission to prioritise connectivity with those countries in the region that respect human rights, the rule of law and democracy;
Amendment 33 #
2020/2115(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Considers that the Union has an opportunity to put its own attractive trade and investment system on the table, incentivising the countries of Eurasia to maintain an open economy and a level playing field for all foreign actors;
Amendment 34 #
2020/2115(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. urges the Commission not to prioritise the Comprehensive Agreement on Investment with China over the Bilateral Investment Agreement (BIA) to be made with the Republic of China (Taiwan), but to commit to finalise the latter over the former if the parties may reach accords faster;
Amendment 5 #
2020/2114(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that the rules-based multilateral trading system has been a key driver of global trade liberalisation, which has powered economic growth, job creation and the promotion of sustainable economic development; notes furthermore its role in fostering a predictable trade environment through the development of more transparent trade rules and regulations; believes, however, that there is a need to rebuild trust in multilateral institutions in the face of global challenges and shifting world power dynamics, preventing third countries or any type of actor to use trade-based measures as means to undermine European stakeholders; believes that the Union should always defend its values in multilateral organisations;
Amendment 9 #
2020/2114(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Believes that the Union sets standards, and incentivises, through, inter alia, the Chapters on Trade and Sustainable Development (TSD) embedded in the free trade agreements (FTAs), or the Generalised Scheme of Preferences (GSP); considers that TSD Chapters and FTAs or any other economic partnership are means for the Union and third countries to achieve a democratic society based on the Rule of Law; believes that the Union should prioritise trade agreements with established democracies abiding with the Rule of Law;
Amendment 11 #
2020/2114(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Believes that the development of the Union's strategic autonomy should not lead to a protectionist measure of closure to international markets; stresses that the Union cannot defend multilateralism alone, as it needs allies and partners in that strategy; stresses, however, that open and fair international trade as well as resilience, diversification and security of supply chains should be ensured;
Amendment 18 #
2020/2114(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets the growing tendencies towards protectionism and trade weaponisation that have developed in parts of the global economy; welcomes the strengthening of the EU’s trade enforcement efforts and the development of a toolbox of autonomous trade instruments to respond to these emerging challenges; welcomes the Commission proposal for an Anti-Coercion instrument (ACI); is concerned with the durable and aggressive coercion measures taken by the People's Republic of China as regards to Lithuania; stresses the need, however, to remain fully engaged in efforts to reinvigorate the World Trade Organization (WTO) as the cornerstone of a liberalised global economy and to deal with the challenges posed by non-market economies; is committed to achieve a durable, sustainable and resilient reform of the WTO following consensus and dialogue;
Amendment 26 #
2020/2114(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the need to work closely with like-minded partners, and to engage with all members of the WTO that are committed to a positive agenda for reform; recognises that historically it has been EU- US cooperation that has been the main driving force for progress within multilateral trade negotiations, and therefore welcomes the positive statements on WTO reform made by the current US administration, which should provide a basis for renewed engagement on actionable outcomes; supports a forward- looking transatlantic agenda based on common interests and shared values, aiming to achieve meaningful WTO reform, including of dispute settlement; notes, additionally, that the Union should work with multilateral organisations, such as the WTO, and likeminded partners, on combating misinformation about disruptive new technologies such as genetic engineering, nanotechnology and artificial intelligence, as well as by holding negotiations on global challenges, such as climate change and pandemics, that need global collaboration to be solved;
Amendment 41 #
2020/2114(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Believes that civil society is key in order to monitor, and even strengthen, the multilateral system, because they assist, raise concerns or issues, and warn those actors that tend to have the final say in geopolitical and multilateral decisions, as well as keep a high level awareness on women's rights, environmental rights, and all human rights; considers that the approach used by the Union trade policy, such as the establishment of domestic advisory groups (DAGs) and other civil society fora, are examples that may be used by other democratic partners;
Amendment 4 #
2020/2077(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that trade policy is an essential tool for implementing the circular economy and the EU’s sustainability agenda globally; underlines that increased recycling can reduce the EU’s reliance on imports of raw materials, and points to the need to decouple economic growth from resource use in order to ensure the long- term sustainability of global value chains; considers that the transition towards a circular economy generally brings approaches that could lead to lower rates of extraction and use of natural resources, including through resource efficiency policies, making the circular economy concept a complement to improve resource efficiency;
Amendment 13 #
2020/2077(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers that trade in secondary raw materials constitutes a relevant element of the trade and circular economy interface; stresses that the substitution of primary raw materials by secondary raw materials could encourage decoupling by decreasing demand for primary materials as well as sustaining levels of economic growth; points out that trade implications are significant in the worldwide distribution of primary raw materials because natural resources are geographically unequally concentrated;
Amendment 15 #
2020/2077(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Points out that, regarding the adoption of recyclability standards, the Union should ensure that products are designed in a way that they are easier to recycle and refrain from using hazardous content; considers that securing information on chemical and material composition of products is of particular importance to ensure the recyclability of end-of-life products; stresses that, with the emergence of global value chains, eco-design and eco-labelling schemes could also play an important role to facilitate a transition to a global circular economy;
Amendment 20 #
2020/2077(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets the lack of international and European standards on waste quality as this hinders a viable trade policy that is conducive to the circular economy; calls on the Commission to present harmonised standards on waste quality and a legal definition of recyclable waste, and to include these in future FTAs; stresses the need to better address trade-related obstacles to resource efficiency in supply chains such as export restrictions on secondary materials, and restrictions to trade in secondary goods and used products;
Amendment 28 #
2020/2077(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that in the transition to a circular economy particular attention must be given to key supply chains where the EU’s environmental footprint is significant; considers that urban territories should use resources efficiently to generate smart growth, sustainable and inclusive and value-added jobs, as well as social and institutional frameworks that may drive a shift towards a resource- efficient economy and lower carbon emissions, and identifying and creating new opportunities in emerging economic sectors, promoting innovation and competitiveness;
Amendment 35 #
2020/2077(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission, Member States, regions and local authorities to prioritise the fight against climate change and limit the environmental impact of resources, promoting a circular economy based on a recycling society with the aim of reducing waste production and use it as a resource; considers that trade gives the Union an opportunity to be a leader in circular economy, being able to import and export successful models from other cities, regions or countries around the world; stresses that the circular economy should be understood not only as an opportunity for sustainability, but also as an opportunity for our economy;
Amendment 55 #
2020/2077(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to ensure that FTAs reflect the objectives of the circular economy by including strong, binding and enforceable sustainable development chapters; suggests that the circular economy should be addressed in a cross-cutting manner in all relevant FTA chapters; calls on the Commission to assess whether it would be necessary to include circular economy standards in the sustainable development charters of future FTAs;
Amendment 60 #
2020/2077(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission and the Member States to support the circular economy by enhancing transparency and coherence of regulations and lowering barriers for green goods and services, taking into account also the existing expertise in bioeconomy strategies or the sustainable utilisation and conservation of biological resources, also in developing countries; stresses that technical assistance and capacity building are necessary in order to achieve this objective;
Amendment 65 #
2020/2077(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages the Commission to engage with the EU’s trading partners to further support the objectives of the circular economy; stresses that particular attention must be given to how less developed partner countries can benefit from the circular economy; calls for an assessment of the impact of increased intra-EU recycling rates on countries strongly relying on waste imports.; considers that the benefits of a Union- wide circular economy could be harnessed globally if recyclable waste exports are traded within effective Free Trade Agreements (FTAs) and policies that fully integrate sustainable development concerns;
Amendment 72 #
2020/2077(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges the Commission to lead the inclusion of circular economy standards in the World Trade Organisation (WTO);
Amendment 73 #
2020/2077(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 75 #
2020/2077(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Calls on the Commission to explore synergies, encouraged through multilateral frameworks and international trade negotiations, in working with those countries the Union already has or will soon have an FTA, to achieve material circularity and ultimately decoupling of resource use from economic growth at the macro level, in order to, inter alia, avoid environmentally harmful activities such as non-compliant, poorly regulated, and informal recovery operations;
Amendment 31 #
2020/2072(INL)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
- having regard to the Annual Reports of the European Commission on monitoring the application of EU law;
Amendment 32 #
2020/2072(INL)
Motion for a resolution
Citation 24 b (new)
Citation 24 b (new)
- having regard to the EU Justice Scoreboard 2020 published by the European Commission;
Amendment 42 #
2020/2072(INL)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
- having regard to the workings of the OHCHR of United Nations as well as the UN's WGAD (Working Group on Arbitrary Detentions) resolutions on Member States,
Amendment 43 #
2020/2072(INL)
Motion for a resolution
Citation 29 b (new)
Citation 29 b (new)
Amendment 44 #
2020/2072(INL)
Motion for a resolution
Citation 29 c (new)
Citation 29 c (new)
- having regard to the rulings of the European Court of Human Rights regarding human rights cases inside the Union and its Member States;
Amendment 45 #
2020/2072(INL)
Motion for a resolution
Citation 29 d (new)
Citation 29 d (new)
- having regard to the results of the 44th session of the United Nations Human Rights Council;
Amendment 46 #
2020/2072(INL)
Motion for a resolution
Citation 29 e (new)
Citation 29 e (new)
- having regard to the reports published by the UN Special Rapporteur (for national minorities, freedom of speech, defenders of judges and lawyers…) on the situation of human rights, democracy and the rule of law in Member States;
Amendment 60 #
2020/2072(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the concept of rule of law must be understood as a democratic rule of law, i.e. a rule of law which is primarily based on the respect for democratic procedures and fundamental rights;
Amendment 70 #
2020/2072(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the preceding decade has seen brazen attacks against Union values in several Member States; whereas international comparisons and Parliament resolutions have evidenced considerable democratic backsliding in particular in Hungary and Poland in particular, but also in other Member States; whereas Parliament has been calling since 2016 for a comprehensive, preventive and evidence- based monitoring in this field via an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 83 #
2020/2072(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 87 #
2020/2072(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the results of the Annual report on the monitoring the application of EU law should be taken in account regarding the number of infringements, gravity and their impact on the rule of law for European citizens and companies;
Amendment 95 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national and regional human rights institutions, national and regional parliaments and local authorities; however, the resolutions on the state of democracy, the rule of law and fundamental rights of international institutions must have a differentiated treatment during the process
Amendment 104 #
2020/2072(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the new EU Mechanism on Democracy, the Rule of Law and Fundamental Rights must be based on clear and objective indicators in order to ensure an equal treatment to all Member States;
Amendment 106 #
2020/2072(INL)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas formal independence of the justice system can be undermined through political means if governments try to influence decisions and actions, both privately or through the media;
Amendment 109 #
2020/2072(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the accession by the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is an obligation under Article 6(2) TEU;
Amendment 110 #
2020/2072(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens; insists that the Union must remain a champion of freedom and justice in Europe and the world but stresses that in order to be so, the Union needs to have a much higher standard on the defence of democracy and human rights inside the Union and regrets that some Member States refuse to comply with human rights resolutions issued by international bodies;
Amendment 123 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies and its international credibility; notes with concern that the COVID-19 pandemic has been used to limit citizens’ rights and fundamental freedoms as embedded in the Charter of Fundamental Rights of the European Union, including by means of unjustified censorship, fuelling discrimination, disinformation and hate speech; recalls in particular the importance of promoting and defending the rule of law as a precondition for any sound democratic systems as well as for ensuring the protection of fundamental rights and Union values and a prerequisite for upholding all rights and obligations deriving from the Treaties;
Amendment 135 #
2020/2072(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningat the procedure provided for in Article 7 TEU cannot be used to its full progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed natureotential as the unanimity requirement in the European Council - de facto - hampers its application; regrets in this regard, the lack of progress made in the European Council ofn the Union’s toolkit in that fielcurrent Article 7 procedures against Hungary and Poland;
Amendment 136 #
2020/2072(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field and believes that a new instrument must be put in place which does not depend on the unanimity of Member States;
Amendment 142 #
2020/2072(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the Union still has no effective mechanisms to monitor, prevent and put an end to systemic threats to the rule of law and democracy in the Member States; welcomes as a meaningful first step the Commission communication on further strengthening the Rule of Law within the Union and the actions set out therein; calls on the Commission to implement the proposed rule of law framework without undue delay; considers it necessary to put in place sanctions that could be effective, dissuasive and proportionate to effectively prevent breaches of rule of law within the Union;
Amendment 144 #
2020/2072(INL)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls that the accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is a legal obligation under Article 6(2) TEU; recalls that the accession to that convention would constitute a further step in the process of European integration and would enhance the coherence between the Union and the Council of Europe’s further strengthening the protection of fundamental rights and freedoms within the Union; regrets the lack of progress made so far to fulfil this Treaty obligation; calls on the Commission to step up efforts to respect the Treaties and conclude the negotiations without undue delay;
Amendment 158 #
2020/2072(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. proposes the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (the ‘Mechanism’), building on Parliament’s 2016 proposal and the Commission’s 2020 Rule of Law Report, to be governed by an interinstitutional agreement between Parliament, the Council and the Commission, consisting of an Annual Monitoring Cycle on Union values, covering all aspects of Article 2 TEU, and applying equally, objectively and fairly to all Member States to ensure there are no double standards due to political interests;
Amendment 161 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures that the Commission would need to apply automatically as the violations occur; highlights, the importance of the annual monitoring cycle in order to prevent possible violations of the rule of law and democracy within the Union before they actually occur;
Amendment 163 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures; notes that in such cases in particular, the lack of implementation of the recommendations from international institutions other than the Union, such as the United Nations, the European Court of Human Rights or the Council of Europe, must be fully taken into account;
Amendment 180 #
2020/2072(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments, avoiding unnecessary duplication of existing structures and instruments; calls for the integration and incorporation of existing tools, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including infringement procedures under Article 7 TEU, budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives of the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and Regulation (EU) 2020/xxxx of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States11 ; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
Amendment 189 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, national and regional human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out that the accreditation status of national human rights institutions and the space for civil society may themselves serve as indicators for assessment purposes; considers that national and regional parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle; points out that to ensure that the respect for the rights of persons belonging to national minorities is fairly assessed, institutions and civil society organisations in this communities must also play an important role;
Amendment 205 #
2020/2072(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional core will require Treaty change; looks forward to the reflection and conclusions ofnotes in particular, that an urgent revision of the Article 7 TEU is needed in order to overcome the unanimity requirement in the European Council; calls for the Conference on the Future of Europe to come up with a meaningful proposal in that regard;
Amendment 227 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 4
Annex I – paragraph 4 – point 4
(4) The three institutions recognise the need for streamlining and strengthening the effectiveness of existing tools designed to foster compliance with Union values. A comprehensive interinstitutional mechanism should therefore be established in order to improve coordination between the three institutions and consolidate initiatives taken previously. In accordance with the Conclusions of the Justice and Home Affairs Council of 6 and 7 June 2013, such a mechanism should operate in 'a transparent manner, on the basis of well defined and measurable criteria and evidence objectively compiled, compared and analysed and on the basis of equality of treatment as between all Member States'.
Amendment 238 #
2020/2072(INL)
(6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on Union values including country-specific reporting and recommendations, and a follow-up stage. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness.
Amendment 283 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The CommissionA group of experts selected both by the Commission and the European Parliament shall draft the Annual Report based on information gathered during the preparatory stage. The Annual Report should cover both positive and negative developments relating to Union values in the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity of the situation in question.
Amendment 313 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 16
Annex I – part 3 – point 16
16. The three institutions acknowledge the complementary nature of the Annual Monitoring Cycle and other mechanisms for the protection and promotion of Union values, in particular the procedure laid down in Article 7 TEU and Regulation (EU) 2020/xxxx. The three institutions commit to avoid unnecessary duplication of existing instruments and integrate and incorporate existing instruments into the Annual Monitoring Cycle as the preferred option. The three institutions commit to take account of the objectives of this Interinstitutional Agreement in Union policies.
Amendment 314 #
2020/2072(INL)
16. The three institutions acknowledge the complementary nature of the Annual Monitoring Cycle and other mechanisms for the protection and promotion of Union values, in particular the procedure laid down in Article 7 TEU and Regulation (EU) 2020/xxxx. The three institutions commit to avoid unnecessary duplication of existing instruments and integrate and incorporate existing instruments into the Annual Monitoring Cycle as the preferred option. The three institutions commit to take account of the objectives of this Interinstitutional Agreement in Union policies.
Amendment 12 #
2020/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is convinced that a purpose-built trade policy can be an important driver in steering economies towards decarbonisation in order to achieve the climate objectives set in the Paris Agreement and the European Green Deal and prevent carbon leakage;
Amendment 16 #
2020/2043(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Supports the introduction of a WTO-compatible EU carbon border adjustment mechanism (CBAM) as a means to strengthen the Union’s principle for free trade; considers that the CBAM can increase equal opportunities in order to achieve more competitive markets in a decarbonising scenario;
Amendment 36 #
2020/2043(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Commission to look to more ways as to increase and develop a carbon market as well as to look for means to prevent subsidies to highly polluting industries, or if necessary to phase them out;
Amendment 43 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the general exception clause of Article XX of the General Agreement on Tariffs and Trade (GATT) should be the basis for any CBAM design and its only rationale should be an environmental one – reducing global CO2 emissions and preventing carbon leakage as means to improve human health and protect non-renewable energy sources; takes into account the fact that even if Article XX of the GATT may suggest a WTO compatibility, the CBAM would still pose an issue to the principles of “most- favoured nation” (Article I of the GATT) and “pacta sunt servanda” (Article II of the GATT);
Amendment 57 #
2020/2043(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes into account that the Article XVI of the GATT on “Subsidies” is key for the introduction of a Union-led CBAM compatible with the WTO since there is the possibility that for each exported tone to third countries or non- EU members, producers may not have to pay for emission rights;
Amendment 5 #
2020/2018(INL)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas the digitalisation of the economy has developed new services and products, also in transport industries, together with new forms of labour which tend to be under unequal labour rights than off-line sectors, or even under precarious job contracts both in terms of time worked and salary; whereas the COVID–19pandemic has increased the exposure of these workers to the disease, increasing such inequality;
Amendment 9 #
2020/2018(INL)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas the Union is not yet reaping all the benefits of interoperability, particularly due to shortcomings in standard-setting, public procurement and coordination between national competent authorities;
Amendment 48 #
2020/2018(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Draws attention to the importance of data access in the platform economy; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of Transport and Tourism; considers that the Union should take and have the lead when it comes to IA adapted to transport and tourism, both in terms of legislation and as regards to research, innovation and development policies and projects; considers that IA should also incorporate blockchain and decentralised ledger technologies (DLT) due to their importance in the transaction, communication and information-sharing;
Amendment 71 #
2020/2018(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to come up with a comprehensive framework, with the aim of becoming a single rulebook, to align the working conditions and setting standards of platform workers with those of regular employees; stresses that these standards should help at enhancing the modernisation and renovation of economies, offering re-skilling programs to workers who may be left behind, and empowering citizens;
Amendment 92 #
2020/2018(INL)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Urges the Member States and the Commission to promote interoperability between devices, applications, data repositories, services and networks, necessary to fully benefit from the deployment of information and communication technologies (ICTs), also used in the sectors of transport and tourism;
Amendment 20 #
2020/2014(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. that IA should also incorporate blockchain and distributed ledger technologies (DLT) due to their importance in the transaction, communication and information-sharing;
Amendment 35 #
2020/2014(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that AI systems should not damage nor hurt human physical and psychological integrity; calls therefore on AI systems to be technically robust in order for them not tobe used for harmful purposes;
Amendment 43 #
2020/2014(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Recommends that when an operator has a higher degree of control than the owner or user of an actual product or service equipped with AI, that operator is best positioned to manage the risks and should therefore be held liable; notes that each obligation should rest on the actor who is best placed to address the risk; stresses that fundamental principles for the development of AI transport services is the consent of the consumer and her anonymity, without any mandatory nature of using contact-tracing applications; urges therefore for AI services to be user- based; urges the Commission to set up means to certify these services in order to prevent the proliferation of harmful contact-tracing applications;
Amendment 49 #
2020/2014(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers that the proposal for a Regulation on promoting fairness and transparency for business users of online intermediation services (COM/2018/238 final) is a step towards a just level playing field for SMEs competing with large corporations in markets for digital services also implementing AI, and asks for its completion after being updated and aligned with the new Digital Strategy set up by the Commission in its Communication on Shaping Europe’s Digital Future of 19 February 2020 (COM(2020)67 final);
Amendment 64 #
2020/2014(INL)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses that regional and local competences as regards to AI services, where existent, should be guaranteed and that notice-and-action mechanisms should be based on the principle of subsidiarity and therefore recognise these type of competences in order to guarantee that regional administrations do not lose competences;
Amendment 65 #
2020/2014(INL)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Considers that AI should be sustainably respectful with the environment as well as it should promote research to achieve UN’s Sustainable Development Objectives;
Amendment 3 #
2020/2012(INL)
Draft opinion
Recital A
Recital A
A. whereas Artificial Intelligence (AI) is a strategic technology for the transport sector and is expected to benefit citizens and society, by improving the quality of life, creating new employment opportunities and more sustainable business models; whereas AI has the potential to transform society significantly, particularly in terms of transport and infrastructures; whereas AI should also be a tool to achieve the UN Sustainable Development Objectives;
Amendment 5 #
2020/2012(INL)
Draft opinion
Recital B
Recital B
B. whereas a European approach to AI needs to include ethical aspects of AI to ensure that it is human-centric, enhances human well-being, the well-being of society and the environment, and fully respects EU fundamental rights and values; whereas the protection of the right to privacy and data protection should be mandatory and that data collection should be fully in line with the GDPR and the ePrivacy regulation, stored for a limited time, and be effectively anonymised;
Amendment 22 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the potential of AI for all autonomous means of road, rail, waterborne and air transport; considers that IA should also incorporate blockchain and distributed ledger technologies (DLT) due to their importance in the transaction, communication and information-sharing;
Amendment 41 #
2020/2012(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that AI systems should not damage nor hurt human physical and psychological integrity; calls therefore on AI systems to be technically robust in order for them not to be used for harmful purposes;
Amendment 46 #
2020/2012(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Considers that AI should be sustainably respectful with the environment as well as it should promote research to achieve UN’s Sustainable Development Objectives;
Amendment 45 #
2020/0374(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Very large online platforms tend to disrupt also local retail markets, with a negative externality in the lack of diversification due to the inability of local producers to present their products in the digital markets. Therefore, this Regulation should take into account the principles set out by the Farm to Fork Strategy.
Amendment 47 #
2020/0374(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Weak contestability and unfair practices in the digital sector are more frequent and pronounced for certain digital services than for others. This is the case in particular for widespread and commonly used digital services that mostly directly intermediate between business users and end users and where features such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration are the most prevalent. Often, there is only one or very few large providers of those digital services. This situation produces disruptions and restrictions, in particular on SMEs in the transport, tourism and hospitality sector, where intermediaries have a dominant market position. These providers of core platform services have emerged most frequently as gatekeepers for business users and end users with far- reaching impacts, gaining the ability to easily set commercial conditions and terms in a unilateral and detrimental manner for their business users and end users. Accordingly, it is necessary to focus only on those digital services that are most broadly used by business users and end users and where, based on current market conditions, concerns about weak contestability and unfair practices by gatekeepers are more apparent and pressing from an internal market perspective.
Amendment 48 #
2020/0374(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) There are serious negative externalities posed by home-sharing digital services, transport applications such as car sharing or bike or scooter sharing, or delivery digital services, that disrupt the market, especially in urban areas or in densely inhabited territories. In order to find the best solutions to these problems, authorities should inform the Digital Services Coordinator set out in Regulation […] on a Single Market for Digital Services (Digital Services Act), as well as their national or regional competent authority and the European Digital Services Board -also set out in the Digital Services Act-, of the legal measures or policies they wish to implement and enforce. Finally, through the Digital Services Data Space, local or regional authorities could also share their information as well as retrieve information from their peers and other stakeholders using this Data Space with the final aim to better solve the negative externalities posed by some digital services.
Amendment 61 #
2020/0374(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) To ensureData has a very relevant role on digital competition. In order to ensure that the competitiveness in the European single market is not disrupted, the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission of all of their intended and concluded acquisitions of other providers of core platform services or any other services provided within the digital sector. Such information should not onlymarket concentrations should not only be duly informed, but also cleared by the Commission. The information on these concentrations should eventually be subject to the merger control procedure. Finally, this information could serve the review process mentioned above, regarding the status of individual gatekeepers, but will also and provide information that is crucial to monitoring broader contestability trends in the digital sector and can therefore be a useful factor for consideration in the context of the market investigations foreseen by this Regulation.
Amendment 64 #
2020/0374(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33 a) This Regulation should not pose a legal or administrative problem to the capacity of digital services in transport to design or develop interoperable digital services or applications, providing inter- ticketing across all modes. Moreover, this Regulation should be designed not to hamper the development of automation solutions, data storage, or artificial intelligence, or any other digital development, in transport services. Finally, all serious negative externalities appearing because of these developments should be assessed, measured and solved by the authorities, either national, regional, or local, following the principle of subsidiarity.
Amendment 67 #
2020/0374(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities. For example, business users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law, and where applicable regional law. This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
Amendment 69 #
2020/0374(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Identification services are crucial for business users to conduct their business, as these can allow them not only to optimise services, to the extent allowed under Regulation (EU) 2016/679 and Directive 2002/58/EC of the European Parliament and of the Council33 , but also to inject trust in online transactions, in compliance with Union or national law, or where applicable regional law. Gatekeepers should therefore not use their position as provider of core platform services to require their dependent business users to include any identification services provided by the gatekeeper itself as part of the provision of services or products by these business users to their end users, where other identification services are available to such business users. _________________ 33Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 71 #
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 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. Moreover, when necessary, gatekeepers should assess whether it is relevant to use decentralised applications or distributed ledger technology to increase 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 specified. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
Amendment 80 #
2020/0374(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) The advisory committee established in accordance with Regulation (EU) No 182//2011 should also deliver opinions on certain individual decisions of the Commission issued under this Regulation. When composing the advisory committee, Member States shall also consider including their regions, in case they have devolved digital competences, and the opinions of stakeholders such as small and medium-sized enterprises(SMEs), consumer protection experts and associations. In order to ensure contestable and fair markets in the digital sector across the Union where gatekeepers are present, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation. In particular, delegated acts should be adopted in respect of the methodology for determining the quantitative thresholds for designation of gatekeepers under this Regulation and in respect of the update of the obligations laid down in this Regulation where, based on a market investigation the Commission has identified the need for updating the obligations addressing practices that limit the contestability of core platform services or are unfair. It is of particular importance that the Commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201636 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 36Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p.1).
Amendment 118 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) refrain from anti-competitive behaviour, especially against local retail;
Amendment 133 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, user-friendly, interoperable, high-quality, continuous and real-time access and use of aggregated or non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
Amendment 143 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request. A report stating the reasons and motivations for the suspension decision shall accompany the decision itself.
Amendment 144 #
2020/0374(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, by decision adopted in accordance with the advisory procedure referred to in Article 32(4), exempt it, in whole or in part, from a specific obligation laid down in Articles 5 and 6 in relation to an individual core platform service identified pursuant to Article 3(7), where such exemption is justified on the grounds set out in paragraph 2 of this Article. The Commission shall adopt the exemption decision at the latest 3 months after receiving a complete reasoned request. A report stating the reasons and motivations for the exemption decision shall accompany the decision itself.
Amendment 165 #
2020/0374(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. The Commission shall implement and manage a publicly accessible and user-friendly website with information on the number of non- compliance decisions adopted, the number of fines imposed, and the names of the companies subject to the non-compliance decisions and fines. The Board set out in Regulation […] on a Single Market for Digital Services shall make recommendations if the Commission shall require it to do so.
Amendment 183 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1 a. The Commission’s and the Parliament's annual reports on Competition Policy shall include a chapter on the implementation of this Regulation.
Amendment 11 #
2020/0361(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) The digitalisation of the economy has developed new services and products together with new forms of labour which tend to be under unequal labour rights than off-line sectors, or even under precarious job contracts both in terms of time and salary. The COVID–19 pandemic has increased the exposure of these workers to the disease, increasing such inequality. The Union is not yet reaping all the benefits of interoperability, particularly dueto shortcomings in standard-setting, public procurement and coordination between national and regional competent authorities. The COVID–19 pandemic has become a context opportunity for governments all around the world, also in the Union, both in State and regional levels, to develop contact-tracing applications in order to trace individuals with the disease. Some contact-tracing applications that ignore privacy are mandatory, with every user being identified, have been developed in countries with authoritarian regimes. Contact-tracing application may become a threat to individual freedoms if not limited legally.
Amendment 18 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. Finally, minority languages, either official of the Union or not, should also be guaranteed and used. _________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 19 #
2020/0361(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level, and where applicable regional, level. Finally, in the case of large streaming platforms from third countries but with strong market implementation in the Union, they should have incentives to include content from small or medium audiovisual production companies, in all languages of the Union, advertising and promoting these products. The Commission, together with the Board, Member States, or where applicable regions, should assess what incentives should be given to these streaming platforms. These providers of audiovisual digital services should share information with all relevant stakeholders through the Digital Services Data Space. _________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
Amendment 35 #
2020/0361(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47 a) Digital Services Coordinators should not present any conflict of interest with large online platforms or with private parties or political parties. This would ensure that they follow the interest of consumers and users, as well as enforce the current Regulation and the Union's digital legislative framework. Digital Services Coordinators should protect and guarantee the rights of consumers, users, and minorities, whether national, social, cultural, and linguistic.
Amendment 42 #
2020/0361(COD)
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
Amendment 44 #
2020/0361(COD)
Proposal for a regulation
Recital 54 b (new)
Recital 54 b (new)
(54 b) It should also be considered necessary to discern between the different platforms, goods, services, workforce or mixed, and assess whether the same should be required on different platforms. The Commission should clarify the limits of the responsibilities of each party and its proportionality. Companies using online platforms should also bear responsibility for the information of the products and services they provide since it is becoming increasingly difficult for the consumer to distinguish whether the product is sold and controlled by the Marketplace or whether it is sold by a third party from which there is no control. Marketplaces should be required to validate suppliers and products. The regulation should incorporate governance mechanisms and promote the exchange of data between platforms and the public administration to ensure compliance with the law. Online platforms should provide for open data to the Digital Services Data Space, which could be also the best foundation to drive innovation.
Amendment 48 #
2020/0361(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. The Health in All Policies principle should also be regarded as a guiding principle of digital policies, particularly taking into account mental health. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
Amendment 51 #
2020/0361(COD)
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61 a) The European Digital Services Board should implement a Digital Services Data Space. This Data Space should be built upon distributed ledger technology (DLT), also known as blockchain. Digital services providers, Digital Services Coordinators, the Commission, the Board, national and regional competent authorities, should be able to share information among themselves through this Data Space.
Amendment 55 #
2020/0361(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fake or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerable recipients of the service, such as children. Online platforms, and in particular social media services which target a young audience, should be designed with the best interests of the child and the adolescent. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
Amendment 59 #
2020/0361(COD)
Proposal for a regulation
Recital 76 a (new)
Recital 76 a (new)
(76 a) Some Member States have devolved competences on digital policy, partially or totally, to their federated entities or their regions or local entities. This means that these entities should be able to appoint their own competent authorities, duly in coordination with the European Digital Services Board.
Amendment 70 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected, especially for children below 18.
Amendment 72 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(b a) protect the consumer and the minors by ensuring product safety;
Amendment 73 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall apply to intermediary services provided to recipients of the service that have their place of establishment or residence in the Union, irrespective of the place of establishment of the providers of those services. The Commission and the national and regional competent authorities shall ensure enforcement on non-EU companies that target their activities to one or several Member States or regions.
Amendment 74 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – introductory part
Article 1 – paragraph 5 – introductory part
5. This Regulation is without e Commission shall ensure that this Regulation is duly and comprehensibly aligned with the existing relevant legislation in order to fix any possible legal discrepancy. This Regulation is therefore without prejudice to the rules laid down by the following:
Amendment 80 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m
Article 2 – paragraph 1 – point m
(m) ‘Digital Services Coordinator of destination’ means the Digital Services Coordinator of a Member State where the intermediary service is provided, with the possibility of devolution to regions in those Member States with devolved digital competences to regions or other territorial entities;
Amendment 82 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the message of a legal or natural person, or a product or a service, irrespective of whether to achieve commercial or non-commercial purposes in a direct or indirect way, aiming to market or rank information, and displayed by an online platform on its online interface against remuneration specifically for promoting that information;
Amendment 86 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘recommender system’ means a fully or partially automated system used by an online platform to suggest, rank and prioritise techniques in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;
Amendment 90 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(q a) 'online marketplaces' means the definition on 'online marketplaces' laid down in Article 2.1 n) of the Unfair Commercial Practices Directive, as amended by Directive 2019/2161;
Amendment 92 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Paragraph 1 shall not apply where the recipient of the service is acting under the authority or the control of the provider. Consumers shall be able to exercise against the intermediary service provider all the rights and remedies, including compensation for damages, repair, replacement, price reduction, contract termination or reimbursement of the price paid.
Amendment 94 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under Union and, if applicable, national and regional consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. This shall be also assessed as a positive liability framework for online marketplaces at Union level in order to address the existing problems related to widespread illegal activities in online marketplaces.
Amendment 98 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. The Commission and the national and regional competent authorities shall foresee specific remedies for consumers in case the intermediary service provider is in breach of its own obligations listed in this Regulation.
Amendment 100 #
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 to comply with the requirements of Union law, including those set out in this Regulation. In case a provider does not carry out voluntary investigations or other activities aimed at the acts laid down in paragraph 1 of Article 6 during a lapse of 18 months after continued signalling by consumers or users to the Commission or the national or regional relevant authorities, the Commission or the national, or when applicable regional, competent authorities shall assess whether it is necessary to deem the provider as ineligible for the exemptions from liability.
Amendment 102 #
2020/0361(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. unless there has been a serious breach of Union law in terms of a grave attempt on human rights, signalled continuously by consumers or users to the relevant authorities.
Amendment 104 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order to act against a specific item of illegal content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national or, where applicable, regional law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken. Providers of intermediary services and national judicial or administrative authorities shall act with the utmost respect especially towards national, social, linguistic and cultural minorities.
Amendment 106 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. Member States shall not use this Regulation, either directly through the public administration or their Digital Services Coordinators, or indirectly through the private contracted services, with the aim to delude, undermine, or attack national, social, linguistic and cultural minorities. The Commission shall assess the correct use of the provisions set by this Regulation by the Member States.
Amendment 107 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Member States, and where applicable also regions, shall ensure that the orders referred to in paragraph 1 meet the following conditions:
Amendment 108 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1
Article 8 – paragraph 2 – point a – indent 1
— a statement of reasons explaining why the information is illegal content, by reference to the specific provision of Union or national or regional law infringed;
Amendment 110 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 2
Article 8 – paragraph 2 – point a – indent 2
— one or more exact uniform resource locators and, where necessary, additional information enabling the identification of the illegal content concerned, and the Commission shall assess if a timeline should be adapted to the size and resources of companies affected;
Amendment 111 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3
Article 8 – paragraph 2 – point a – indent 3
— information about redress available to the provider of the service and to the recipient of the service who provided the content, taking into account the timeline that the Commission may have established to the company affected;
Amendment 112 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the territorial scope of the order, on the basis of the applicable rules of Union and national and regional law, including the Charter, and, where relevant, general principles of international law, does not exceed what is strictly necessary to achieve its objective;
Amendment 113 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Digital Services Coordinator from the Member State of the judicial or administrative authority issuing the order shall, without undue delay, transmit a copy of the orders referred to in paragraph 1 to all other Digital Services Coordinators through the system established in accordance with Article 67. The Digital Services Coordinator shall not use this legal prerogative to act against national, social, linguistic or cultural minorities.
Amendment 114 #
2020/0361(COD)
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law in conformity with Union law.
Amendment 115 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national, or where applicable regional, judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union, where applicable regional, law in conformity with Union and, if necessary, International law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.
Amendment 117 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member StatesThe Commission, Member States, or where applicable regions, shall ensure that orders referred to in paragraph 1 meet the following conditions:
Amendment 118 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 1
Article 9 – paragraph 2 – point a – indent 1
— a statement of reasons explaining the objective for which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable Union or national, or where applicable regional, rules, unless such a statement cannot be provided for reasons related to the prevention, investigation, detection and prosecution of criminal offences;
Amendment 119 #
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 Commission shall assess if a timeline should be adapted to the size and resources of companies affected;
Amendment 120 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Member States shall not use this Regulation, either directly through the public administration or their Digital Services Coordinators, or indirectly through the private contracted services, with the aim to delude, undermine, or attack national, social, linguistic and cultural minorities. The Commission shall assess the correct use of the provisions set by this Regulation by the Member States.
Amendment 121 #
2020/0361(COD)
3. The Digital Services Coordinator from the Member State of the national judicial or administrative authority issuing the order shall, without undue delay, transmit a copy of the order referred to in paragraph 1 to all Digital Services Coordinators through the system established in accordance with Article 67. The Digital Services Coordinator shall not use this legal prerogative to act against national, social, linguistic or cultural minorities.
Amendment 122 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law in conformity with Union law.
Amendment 123 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means, with Member States’ authorities, regional authorities where applicable, the Commission and the Board referred to in Article 47 for the application of this Regulation.
Amendment 125 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact. All the official languages of the Union and its Member States, including minority languages, shall be respected and its use guaranteed.
Amendment 126 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of intermediary services shall specify in the information referred to in paragraph 2, the official language or languages of the Union, also the ones not official in the Union but official or with another level of officialdom in its Member State, which can be used to communicate with their points of contact and which shall include at least one of the official languages of the Member State or the region in which the provider of intermediary services has its main establishment or where its legal representative resides or is established.
Amendment 128 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shall designate, in writing, a legal or natural person as their legal representative in one of the Member States, or where applicable the region, where the provider offers its services.
Amendment 129 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of intermediary services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the Member States’ authorities, the regional authority, the Commission and the Board on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Providers of intermediary services shall provide their legal representative with the necessary powers and resource to cooperate with the Member States’ authorities, the regional authority, the Commission and the Board and comply with those decisions.
Amendment 150 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
The first subparagraph is without prejudice to the right of the recipient concerned to redress against the decision before a court in accordance with the applicable law. The dispute settlement body shall be independent and shall not present any conflict of interest with the provider.
Amendment 151 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point d
Article 18 – paragraph 2 – point d
(d) it is capable of settling dispute in a swift, efficient and cost-effective manner and in at least one officithe languages of the territory where the dispute happened, whether or not they are official of the Union, and in at least one of the institutional languages of the Union;
Amendment 152 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
The Digital Services Coordinator shall, where applicable, specify in the certificate the particular issues to which the body’s expertise relates and the official language or languages of the Union in which the body is capable of settling disputes, as referred to in points (b) and (d) of the first subparagraph, respectively.
Amendment 158 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2 a. Regional and local authorities shall promptly inform the Board or the law enforcement or judicial authorities of the Member State or Member States concerned and provide all relevant information available of its suspicion that a serious criminal offence involving a threat to the life or safety of persons, or offences to national, social, cultural, and linguistic minorities, has taken place, is taking place or is likely to take place.
Amendment 192 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
Article 24 – paragraph 1 – point c a (new)
(c a) using all languages official in the Union, at local, regional, and national level.
Amendment 202 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 1 a (new)
Article 25 – paragraph 4 – subparagraph 1 a (new)
As long as Digital Services Coordinators and the Board are not implemented and their duties have not yet started after the entry into force of this Regulation, the Commission shall enforce this Regulation to very large online platforms as efficiently as possible.
Amendment 207 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c a (new)
Article 26 – paragraph 1 – point c a (new)
(c a) any attack or activity undermining national, social, cultural and linguistic minorities;
Amendment 213 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2 a. The Board and the Commission shall implement a Digital Services Data Space with digital ledger technology (DLT) where providers of digital services, the Commission, the Digital Services Coordinators, and the Board shall be able to share standards, as well as best practices and lessons learned. The Board shall present an annual report of the new standards, best practices and lessons learned shared in the Digital Services Data Space. This annual report shall be public and easily accessible.
Amendment 216 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 5 a (new)
Article 35 – paragraph 5 a (new)
5 a. These codes shall also be stored and shared in the Digital Services Data Space.
Amendment 219 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3 a. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online platforms, relevant service providers in the accommodation sector, and transport and mobility sector, and relevant authorities to contribute to addressing illegal short term rentals and to facilitate the enforcement of registration and authorisation schemes.
Amendment 220 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 3 b (new)
Article 36 – paragraph 3 b (new)
3 b. When there are serious negative externalities posed by home-sharing digital services, transport applications such as car sharing or bike or scooter sharing, or delivery digital services, that disrupt the market, especially in urban areas, authorities shall inform the Digital Services Coordinator of their Member State, as well as their national or regional competent authority and the Board, of the legal measures or policies they wish to implement and enforce in order to solve these externalities. Finally, through the Digital Services Data Space, local or regional authorities may also share their information as well as retrieve information from their peers and other stakeholders using this Data Space in order to better solve the negative externalities posed by some digital services.
Amendment 224 #
2020/0361(COD)
Proposal for a regulation
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1 a. The Commission shall develop contingency plans for the tourism sector for future crises, including standards for cancellations, travel warnings and information flows happening during these crises;
Amendment 225 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall designate one or more competent authorities as responsible for the application and enforcement of this Regulation (‘competent authorities’). Where applicable, regions shall have their own competent authority for the application and enforcement of this Regulation.
Amendment 226 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
For that purpose, Digital Services Coordinators shall cooperate with each other, other national and regional competent authorities, the Board and the Commission, without prejudice to the possibility for Member States to provide for regular exchanges of views with other authorities where relevant for the performance of the tasks of those other authorities and of the Digital Services Coordinator.
Amendment 227 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2
Article 38 – paragraph 2 – subparagraph 2
Where a Member State designates more than one competent authority in addition to the Digital Services Coordinator, it shall ensure that the respective tasks of those authorities and of the Digital Services Coordinator are clearly defined and that they cooperate closely and effectively when performing their tasks. The Member State concerned shall communicate the name of the other competent authorities as well as their respective tasks to the Commission and the Board. Member States shall not use this Regulation, either directly through the public administration or their Digital Services Coordinators, or indirectly through the private contracted services, with the aim to delude, undermine, or attack national, social, linguistic and cultural minorities. The Commission shall assess the correct use of the provisions set by this Regulation by the Member States.
Amendment 232 #
2020/0361(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Digital Services Coordinators shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek nor take instructions from any other public authority or any private party. They shall not present any conflict of interest with online platforms, especially very large online platforms, or with any political party of the Member State. The Board shall assess whether a Digital Services Coordinator has conflict of interests and within two months demand the Commission to enforce the replacement of the Digital Services Coordinator by the Member State.
Amendment 234 #
2020/0361(COD)
Proposal for a regulation
Article 39 – paragraph 2 a (new)
Article 39 – paragraph 2 a (new)
2 a. Member States shall not use this Regulation, either directly through the public administration or their Digital Services Coordinators, or indirectly through the private contracted services, with the aim to delude, undermine, or attack national, social, linguistic and cultural minorities. The Commission shall assess the correct use of the provisions set by this Regulation by the Member States.
Amendment 240 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Digital Services Coordinators shall draw up an annual report 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, which shall include them in the Digital Services Data Space.
Amendment 241 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point c a (new)
Article 47 – paragraph 2 – point c a (new)
(c a) implement the Digital Services Data Space with distributed ledger technology (DLT) in order to share standards, codes, reports, best practices, lessons learned with digital services providers, Digital Services Coordinators, and the Commission;
Amendment 246 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point e a (new)
Article 49 – paragraph 1 – point e a (new)
(e a) manage the Digital Services Data Space;
Amendment 81 #
2020/0353(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) This Regulation is aimed both at regulating and strengthening the current European market for batteries and waste batteries, provided for by Directive 2006/66/EC. One of its purposes is to achieve a single market for batteries the standards of which could be taken into account by third countries, especially in the Union's neighbourhood.
Amendment 82 #
2020/0353(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Collection and recycling are a transversal endeavour made both by diverse economic operators and social stakeholders. They can create supply chains of their own and, with the proper legal assistance and administrative incentives, they could also open and improve a market of their own. Therefore it is crucial that all levels of public administration incentivise and assist economic operators and social stakeholders to undertake collection and recycling activities as regards all types of batteries. The Commission should assist Member States, regions and local entities, taking into account, for instance, the NUTS statistical analysis, namely major socio-economic regions, basic regions for the application of regional policies, and small regions for specific diagnoses, with the ambition of not leaving any European territory behind as regards collection and recycling of batteries within the Union.
Amendment 83 #
2020/0353(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Hydrogen-induced vehicles can have engines that burn hydrogen (thermal) or can have hydrogen batteries (electric). Moreover, heat engines are less efficient and can produce dangerous pollutants, such as NOx, compared to electric ones, but are nonetheless more cost effective.
Amendment 85 #
2020/0353(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure that obligations arising from this Regulation are carried out and to monitor and verify compliance of producers and producer responsibility organisations with the requirements of this Regulation, it is necessary that Member States designate one or more competent authorities. The Commission should assist Member States, and where appropriate regions, to implement this Regulation. Public authorities should have an understandable internet portal with all the information about this Regulation, with understandable information about all its requirements and how to comply with them. Those requirements should eventually be complied with through a unique digital certificate in order to avoid unnecessary administrative costs to producers, suppliers, or other stakeholders involved.
Amendment 92 #
2020/0353(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) The Union and its Member States and regions should develop geostrategic agreements on offshore energy infrastructure with neighbouring geographical regions, especially the Western Balkans, the Mediterranean Southern and Eastern Basins in order to boost production for both European and native markets also regarding batteries and waste batteries. Such agreements should also foster education on the sustainable use of batteries and its recycling processes, as well as other renewable energy production and consumption, between the Union and its neighbouring regions on an equal footing.
Amendment 100 #
2020/0353(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Some of the raw materials in question, such as cobalt, lithium and natural graphite, are considered as critical raw materials for the EU38 and their sustainable sourcing is required for the EU battery ecosystem to perform adequately. Sustainability, social and governance responsibility criteria should apply to the value chain of all batteries. The Commission should assess whether introducing due diligence at the production recycling stage should be mandatory before 2030. _________________ 38Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability (COM(2020) 474 final).
Amendment 101 #
2020/0353(COD)
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61 a) Suppliers and/or producers of batteries should be able to comply with the United Nations Guiding Principles on Business and Human Rights, where companies have an environmental and social responsibility to respect fundamental human rights, the environment, and good governance. Companies should not cause or contribute to causing any adverse impacts in those sectors. The Commission should help such companies to comply with the United Nations Guiding Principles on Business and Human Rights, with a database introducing and sharing good practices. Non-profit stakeholders should also be able to use this database which could be implemented using distributed ledger technology.
Amendment 105 #
2020/0353(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) According to the OECD Due Diligence Guidance45 , due diligence is an on-going, proactive and reactive process through which companies can ensure that they respect human rights and the environment, and do not contribute to conflict.46 . Risk-based due diligence refers to the steps companies should take to identify and address actual or potential risks in order to prevent or mitigate adverse impacts associated with their activities or sourcing decisions A company can assess risk posed by its activities and relationships and adopt risks mitigating measures in line with relevant standards provided under national and international law, recommendations on responsible business conduct by international organisations, government- backed tools, private sector voluntary initiatives and a company's internal policies and systems. This approach also helps to scale the due diligence exercise to the size of the company's activities or supply chain relationships. _________________ 45 Page 15 of the OECD Due Diligence Guidance. 46OECD (2011), OECD Guidelines for Multinational Enterprises, OECD, Paris; OECD (2006), OECD Risk Awareness Tool for Multinational Enterprises in Weak Governance Zones, OECD, Paris; and, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (Report of the Special Represantative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, John Ruggie, A/HRC/17/31, 21 March 2011).
Amendment 106 #
2020/0353(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65 a) The Commission, Member States and, where appropriate, regions with devolved competences, should help economic operators, especially suppliers, to retain their individual responsibility for complying with the due diligence obligations set out in this Regulation.
Amendment 110 #
2020/0353(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) As regards the social risk categories, due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights, including human health, protection of children and gender equality, and the rights of indigenous peoples, especially risks relating to dangerous contexts or situations in their territories, in line with international human rights law47 . The due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. The due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the International Labour Organisation48 as listed in Annex I of the ILO Tripartite Declaration. _________________ 47Including The Universal Declaration of Human Rights, The International Covenant on Economic, Social and Cultural Rights, The International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities. 48 The eight fundamental Conventions are 1. Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), 2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98), 3. Forced Labour Convention, 1930 (No. 29) (and its 2014 Protocol ), 4. Abolition of Forced Labour Convention, 1957 (No. 105), 5. Minimum Age Convention, 1973 (No. 138), 6. Worst Forms of Child Labour Convention, 1999 (No. 182), 7. Equal Remuneration Convention, 1951 (No. 100), 8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
Amendment 132 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) 'bio-battery' means a biological battery, or an energy storing battery powered by organic compounds, usually being glucose from the earth;
Amendment 148 #
2020/0353(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
Amendment 258 #
2020/0353(COD)
Proposal for a regulation
Article 13 – paragraph 7 a (new)
Article 13 – paragraph 7 a (new)
7 a. The Commission and the national competent authority or authorities shall provide understandable information about labelling on batteries with a unique portal, in all languages official in the Member States, in order to assist and incentivise all stakeholders involved in batteries' supply chains to comply with this Regulation.
Amendment 268 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The Commission and the national competent authority or authorities shall provide understandable information about the state of health and expected lifetime of batteries with a unique portal, in all languages official in the Member States, in order to assist and incentivise all stakeholders involved in batteries' supply chains to comply with this Regulation.
Amendment 269 #
2020/0353(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a Information on human rights violations involved in the battery supply chain 1. Economic operators involved in the extraction or the original supply of raw materials used in the construction or making of batteries shall provide data on the origin and different steps within their battery supply chain. 2. In case the raw materials used for the battery came from a territory, either within the Union or in a third country, where human rights and the environment have been gravely violated according to United Nations or European Union human rights current reports, the Commission, informed or assisted by the national competent authority or authorities of the Member State or of the third country of the economic operator involved, shall impose the immediate end of such undertaking to the economic operator involved. 3. The Commission and the national competent authority or authorities shall assess the human rights conditions related to the original supply of the raw materials used for the batteries used in Union territory. 4. The Commission and the competent authority and authorities shall assist and incentivise the economic operator to use other areas of original supply which comply with the requirements set out in this Regulation.
Amendment 273 #
2020/0353(COD)
Member States shall notify the Commission and the other Member States of conformity assessment bodies authorised to carry out conformity assessment in accordance with this Regulation. Special attention shall be put into the protection of human rights and the environment.
Amendment 274 #
2020/0353(COD)
Proposal for a regulation
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4 a. The notifying authority may be the competent authority specified in Article 14a.
Amendment 275 #
2020/0353(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
The Commission shall make that information publicly available, understandable by all stakeholders involved, in a unique digital portal where all European languages shall be included.
Amendment 276 #
2020/0353(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. A conformity assessment body shall be established under the national law of a Member State and have legal personality. Where appropriate, regions shall be able to have their own conformity assessment bodies.
Amendment 277 #
2020/0353(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. A conformity assessment body shall be a third-party body independent from any and all business ties and from the battery model it assesses, in particular from battery manufacturers, the battery manufacturers’ trade partners, shareholding investors on the battery manufacturers’ plants and from other notified bodies and the notified bodies’ business associations, parent companies or subsidiaries. A conformity assessment body may be the competent authority specified in Article 14a, together or separate from the notifying authority, for the purposes of Article 14a.
Amendment 278 #
2020/0353(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
The Commission and Member States shall ensure that an appeal procedure against the decisions of notified bodies is available. The information on the possibility to appeal shall be easily understandable and retrievable.
Amendment 279 #
2020/0353(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
The Commission shall provide for the organisation of exchange of experiences, expertise, good practices and lessons- learned between the Member States’ national authorities responsible for notification policy through a database empowered by digital ledger technology.
Amendment 287 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point a
Article 39 – paragraph 2 – point a
(a) adopt, and clearly communicate to suppliers and the public, a company due diligence and compliance policy for the supply chain of raw materials indicated in Annex X, point 1;
Amendment 299 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 3 – point a a (new)
Article 39 – paragraph 3 – point a a (new)
(a a) identify any relevant information that is either publicly available or provided by stakeholders, including individual and group members of potentially affected indigenous communities and other civil society organisations,
Amendment 310 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point b a (new)
Article 39 – paragraph 4 – subparagraph 1 – point b a (new)
(b a) gather relevant information that is either publicly available or provided by stakeholders, including individual and group members of potentially affected indigenous communities and other civil society organisations,
Amendment 376 #
2020/0353(COD)
Proposal for a regulation
Article 66 – paragraph 8 a (new)
Article 66 – paragraph 8 a (new)
8 a. The Commission shall assist Member States, and where appropriate regions, to implement this Regulation. European, national and regional public authorities shall provide for an understandable internet portal with all the information about this Regulation, with understandable information about all the requisites and how to comply with them. These requisites should eventually be complied with through a unique digital certificate in order to avoid unnecessary administrative costs to producers, suppliers, or other stakeholders involved.
Amendment 6 #
2020/0157M(NLE)
A a. whereas the current VPA builds upon the Association Agreement signed by the Union with Central America’s countries in 2012, entering into force in 2013, and whose legal dispositions already foresee comprehensive sustainable development criteria but only a mention on human rights in its preamble;
Amendment 22 #
2020/0157M(NLE)
Motion for a resolution
Recital J
Recital J
J. whereas the purpose and expected benefits of FLEGT VPAs go beyond the facilitation of trade in legal timber, as they are also designed to bring about systemic changes in forest governance, law enforcement, transparencyhuman rights, transparency, accountability and institutional resilience and the inclusion of various stakeholders in the political decision-making process;
Amendment 32 #
2020/0157M(NLE)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers it necessary to allocate funding to accompany the VPA's implementation as part of the next programming period of the EU bilateral programmes (2021-2027), especially with regard to the assistance for establishing a truly independent FLEGT-issuing authority entrusted by the EU;
Amendment 35 #
2020/0157M(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that the VPA should not be considered as a mere trade agreement but as a tool to improve rule of law and human rights enforcement in Honduras; calls on the Commission to ensure that Honduras’s National Commission on Human Rights(CONADEH) duly monitors and assesses human rights violations; considers that independent civil society organisations should be involved from the very beginning in the monitoring of human rights and institutional resilience;
Amendment 39 #
2020/0157M(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the implementation stage requires continued consultations and stakeholder involvement; calls on the Commission and the EU Delegation in Honduras to provide sufficient capacity- building and logistical and technical support in the framework of present and future development cooperation instruments in order to enable Honduras to fulfil the commitments for the implementation of its TLAS and related measures; stresses that EU delegations should play a key role in overseeing that Honduran authorities effectively include all the relevant stakeholders in the process towards the establishment of a fully operational TLAS; believes that parliamentary oversight of the implementation process of the VPA is critical;
Amendment 48 #
2020/0157M(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Is concerned that timber products can be imported into Honduras from a third country as long as those products were produced in accordance with the laws of the country where the trees were harvested because of the lower due diligence standards that can exist in those countries and the ulterior incorporation of these products into goods subsequently exported to the EU internal market;
Amendment 58 #
2020/0157M(NLE)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls for the EU to ensure the coherence of the VPA agreement with all of its policies, especially with regard to the establishment of a robust compulsory due diligence framework for European companies operating in third countries that makes those companies liable for damages linked to their activity in these countries and the effective enforcement of human rights clauses in trade agreements;
Amendment 69 #
2020/0157M(NLE)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Deplores that human rights violations and attacks on human rights defenders, including enforced disappearances and murders, are recurrent and many times go unpunished; believes that the EU should help to improve the operational capacity of the Honduran protection mechanism for human rights defenders;
Amendment 72 #
2020/0157M(NLE)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Calls on the Commission to increase mentions on human rights defence and guarantees in all free trade agreements (FTAs) and association agreements (AA) with third countries;
Amendment 113 #
2020/0036(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The Commission should create a database in order to include the relevant information regarding legislation, policies and good practices made, prior to or after the entry into force of this Regulation, by Member States, regions or local entities.
Amendment 129 #
2020/0036(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Adaptation is a key component of the long-term global response to climate change. Therefore, Member States and the Union should enhance their adaptive capacity, strengthen resilience and reduce vulnerability to climate change, as provided for in Article 7 of the Paris Agreement, as well as maximise the co- benefits with other environmental policies and legislation. Member States should adopt comprehensive national adaptation strategies and plans, taking into account the information provided by regions and local entities. Member States should involve their regions and, where applicable, large municipalities or local conglomerates, in the drafting and adoption of comprehensive strategies and plans.
Amendment 152 #
2020/0036(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) The Commission should make an overall assessment of the implementation of the current Regulation and of the delegated acts emanating from it. Ongoing assessment should be done involving stakeholders, the European Parliament, Member States, regions and local entities, which should have introduced their information in the database provided by the Commission. At the end 2024, the Commission should amend the current Regulation in order to update it.
Amendment 163 #
2020/0036(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) In case Member States, regions or local entities had made further steps for the achievement of the objectives set up in this Regulation, prior or during the current Regulation, the Commission should take these steps into account and, if applicable, guarantee them for the whole Union. The European Parliament should assist the Commission in this task.
Amendment 170 #
2020/0036(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As citizens and communities have a powerful role to play in driving the transformation towards climate neutrality forward, strong public and social engagement on climate action should be facilitated. The Commission should therefore engage with all parts of society to enable and empower them to take action towards a climate-neutral and climate- resilient society, including through launching a European Climate Pact. The Commission should guarantee that the feedback given by all parts of society, together with Member States, regions, local entities, the European Parliament and involved civil society organisations, is secured and, where applicable, acted upon.
Amendment 240 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. The Commission shall create a database in order to include the relevant information regarding legislation, policies and good practices made by Member States, regions or local entities prior to or after the entry into force of this Regulation.
Amendment 271 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4 a. No later than 12 months after the adoption of the 2040 climate target, the Commission shall assess how all of the Union legislation relevant for the fulfilment of that target would need to be amended. The Commission shall take the necessary measures in accordance with the Treaties, including the adoption of new legislative proposals.
Amendment 337 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j a (new)
Article 3 – paragraph 3 – point j a (new)
(j a) good practices, legislation or policies made by Member States, regions or local entities prior to or after the entry into force of this regulation;
Amendment 346 #
2020/0036(COD)
1. The relevant Union institutions and the Member States shall ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change in accordance with Article 7 of the Paris Agreement, especially in those areas where, according to scientific knowledge, there is a consensus that climate change impacts are critical.
Amendment 350 #
2020/0036(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall develop and implement adaptation strategies and plans that include comprehensive risk management frameworks, based on robust climate and vulnerability baselines and progress assessments. These strategies and plans must involve their regions and, where applicable, large municipalities or local conglomerates.
Amendment 369 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, based on the assessment referred to in paragraphs 1 and 2, the Commission find demonstrates that Union measures are inconsistent with the climate-neutrality objective set out in Article 2(1) or inadequate to ensure progress on adaptation as referred to in Article 4, or that the progress towards either the climate-neutrality objective or on adaptation as referred to in Article 4 is insufficient, ithe Commission shall take the necessary measures in accordance with the Treaties, at the same time as the review of the trajectory referred to in Article 3(1) for remedying the inconsistency within 6 months of the assessment.
Amendment 371 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall assess the consistency of any draft measure or legislative proposal in light of the climate- neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1) and in light of the adaptation objectives set out in article 4(1) before adoption, and include this analysis in any impact assessment accompanying these measures or proposals, and make the result of that assessment public at the time of the adoption. directly accessible to the public, as soon as the assessment is finalised and, in any event, before the adoption of the associated measure or proposal.
Amendment 391 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) the Member State concerned shall set out, in its first progress report submitted in accordance with Article 17 of Regulation (EU) 2018/1999, in the year following the year in which the recommendation was issued, how it has taken due account of the recommendation. If the Member State concerned decides not to address a recommendation or a substantial part thereof, that Member State shall provide the Commission its reasoning; and the steps the Member State shall take in order to apply the recommendations given by the Commission.
Amendment 401 #
2020/0036(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a European Union Network on Climate Change 1. By 31 December 2021, the Commission shall set up the European Union Network on Climate Change (EUnCC), an independent scientific advisory panel on climate change, consisting of scientists selected on the basis of their expertise in the climate change field and proposed by regions, coalition of regions or local entities. 2. The Commission shall ensure that the governance structure of the EUnCC guarantees its scientific autonomy, including of Union and regional institutions. 3. The relevant committee of the European Parliament shall make an opinion as regards to any appointment to the EUnCC, based exclusively on the scientific autonomy of EUnCC's members. 4. The EUnCC shall monitor the greenhouse gas emission reductions in the Union, Member States and regions, taking into account the Union’s carbon budget provided for in Article 3. 5. The EUnCC shall assess the consistency of measures and progress made to achieve climate neutrality by 2050 at the latest. 6. The EUnCC shall, on an annual basis, report its findings under paragraph 3 to the Commission and the relevant committee of the European Parliament. The EUnCC shall guarantee full transparency to the public and make its information available in all the official languages of Member States.
Amendment 174 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. All the languages of the Union, also those that are official in regions of Member States but not of the Union, may be used to promote the objectives set in Article 2 and in the measures set in Article 3(1) of this Decision.
Amendment 175 #
2020/0035(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
The organisation of participation in the European Year at national level is a responsibility of the Member States. To that end, Member States shall appoint national coordinators. The national coordinators shall ensure the coordination of relevant activities at national level. Regions may collaborate in the organisation of participation at national level. The national coordinators may take into account the regions of their Member State.
Amendment 182 #
2020/0035(COD)
Proposal for a decision
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The Commission shall convene, in different cities of the Union, regular meetings of stakeholders and representatives of organisations or bodies active in the field of rail transport, including existing transnational networks and relevant NGOs, as well as of youth organisations and communities, to assist it in implementing the European Year at Union level.
Amendment 30 #
2020/0006(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) This Regulation should take into consideration that some European regions industrialised themselves in different historical periods, whereas others have experimented a new wave of industrialisation as a complementary response to the financial and economic crisis that began in 2008. Therefore, the characteristics of these regions should be respected and they should be assisted in their transition towards a sustainable, diversified and circular economy.
Amendment 34 #
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. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, as well as the characteristics and specificities of their regions, and deploy all possible instruments to mitigate adverse consequences. The Union budget has an important role in that regard.
Amendment 54 #
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 priorities of the Union. 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. 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, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. The Commission should take into account those initiatives made before the entry into force of this Regulation in Member States, regions or municipalities and that could complement the know-how and expertise for the just transition foreseen in this Regulation. At the same time, the Commission should share the good practices consequent to the implementation of this Regulation. _________________ 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 65 #
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 them to adapt to new employment opportunities, as well as providing job-search assistance to jobseekers and their active inclusion into the labour market, assisting them in the acquisition of new professional skills, also in the field of digitalisation.
Amendment 69 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enhance the economic diversification and to ensure the economic renovation and modernisation of territories impacted by the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate-neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. Furthermore, those companies that may have received grants from other entities before having received funds from the JTF should disclose the information regarding the origin and quantity of these funds to the Commission. _________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 77 #
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, Member States should prepare, in cooperation with the relevant stakeholders and supported by the Commission and the participation of regional or local entities, territorial just transition plans, detailing the transition process, consistently with their National Energy and Climate Plans, having into account the opinions of their regions. 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 82 #
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 make coalitions between two and six of them, 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 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 175 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Those companies that may have been granted funds from other entities before having received funds from the JTF shall disclose the origin and quantity of the former to the Commission.
Amendment 185 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant 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. These regions shall be able to make coalitions between two and six of them. 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. _________________ 17Regulation (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 189 #
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, regional and local levels towards a climate- neutral economy, including a timeline for key transition steps which are consistent with the latest version of the National Energy and Climate Plan (‘NECP’);
Amendment 214 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 a (new)
Article 7 – paragraph 4 – subparagraph 2 a (new)
Territorial just transition plans shall be in all the official and regional languages of the Member States. The Commission and the Member States shall guarantee that all the languages of the Union be used in the making of the territorial just transition plans.
Amendment 216 #
2020/0006(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Good practices and lessons learned The Commission and the Member States shall guarantee that good practices be shared among NUTS 3 regions or their coalitions of between two and six of them. The Commission and the Member States shall also guarantee that lessons learned, both positive as well as negative, from the implementation of territorial just transition plans, be shared.
Amendment 221 #
2020/0006(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Overall assessment The Commission, assisted by the information given by the NUTS 3 regions and the coalitions of between two or six of them, shall assess the implementation of the territorial just transition plans. The Commission shall also take into account the reports on the JTF made by the Parliament. Before 31 December 2024, the Commission shall present an overall assessment of the JTF and the implementation of the territorial just transition plans throughout the Union, with the aim to introduce possible amendments to the current Regulation, having into account good practices, the reports about the JTF made by the Parliament, and the experience of the regions that have implemented the territorial just transition plans.
Amendment 141 #
2019/2197(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Urges all European companies engaged with projects related to the Belt and Road Initiative to promote human rights’ due diligence in the framework of the United Nations Guiding Principles on Business and Human Rights;
Amendment 146 #
2019/2197(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Calls on Member States to provide effective guidance to European enterprises on how to assess actual and potential human rights’ impacts related to the Belt and Road Initiative;
Amendment 148 #
2019/2197(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Calls on economic sanctions on European governmental and commercial organisations implicated in China’s human rights violations and abuses in order to prevent and discourage complicity with human rights violations that may constitute crimes against humanity under international law;
Amendment 170 #
2019/2197(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recalls that implementation of all aspects of the FTAs, including labour rights and sustainable development and tackling climate change, should be made; urges the Commission to evaluate together with the Parliament through its Committee of International Trade; stresses that the Parliament should have a stronger role in assessing the implementation of FTAs vis-à-vis the Commission and the Council;
Amendment 2 #
2019/2186(INI)
Draft opinion
Recital A
Recital A
A. whereas the platform economy has become an integral and rapidly growing part of the European transport sectorand tourism sectors, disrupting them by revolutionising the way these companies conduct business, how they interact with both employees and customers or users;
Amendment 21 #
2019/2186(INI)
Draft opinion
Recital B
Recital B
B. whereas precarious self- employment in the platform sector is increasing, particularly for low-skilled platform-determined on-location work1 , including driving and delivery; as a result of such a disruptive new technology, including driving and delivery; whereas some major disruptions on transport are seen in an increased coordination for regional parcel carriers, in a real-time marketplace for long-haul trucking, in a new multimodal technology to the crowd, in increased crowdsourced assets within the supply chain, in warehousing, and in safety; _________________ 1Eurofound (2018), Employment and working conditions of selected types of platform work, Publications Office of the European Union, Luxembourg.
Amendment 28 #
2019/2186(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the Union, with a Single Market of over 400 million people, is lacking behind the US and the People’s Republic of China in terms of large user basis and market permeability, but it is setting the regulatory standards for the use ofdigital services and products, as done with the GDPR and the new European Digital Strategy; whereas the European Parliament is very active following and proposing legislation as well as demanding scrutiny and due diligence by the competent authorities of the Union;
Amendment 36 #
2019/2186(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. whereas the Union should develop common standards and norms in order to have a single rulebook for the Single Market, decreasing entry administrative barriers and aiming at boosting the modernisation and renovation of economies, offering re-skilling programs to workers who may be left behind, and empowering citizens;
Amendment 41 #
2019/2186(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
B c. whereas the digitalisation of the economy has developed new services and products together with new forms of labour which tend to be under unequal labour rights than off-line sectors, or even under precarious job contracts both in terms oftime and salary; whereas the COVID–19 pandemic has increased the exposure of these workers to the disease, increasing such inequality;
Amendment 47 #
2019/2186(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
B d. whereas the Union is not yet reaping all the benefits of interoperability, particularly due to shortcomings in standard-setting, public procurement and coordination between national competent authorities;
Amendment 75 #
2019/2186(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Urges that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in specific legislation, taking into account the European Pillar for Social Rights, accompanying the future regulatory framework set up by the Union in order toprevent a lack of harmonisation;
Amendment 79 #
2019/2186(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Considers that the Union’s new digital legal framework should be based on public values of the Union protecting citizens’ rights, particularly on principles of efficient regulation in order to correct market failures, maximize accountability or competition in a dynamic sense and avoid the concentration and emergence of oligopolies and/or monopolies to the detriment of the consumer, SMEs, and the Single Market;
Amendment 90 #
2019/2186(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that regional and local competences as regards to digital services should be guaranteed and that notice- and-action mechanisms should be based on the principle of subsidiarity and therefore recognise these type of competences in order to guarantee that regional administrations do not lose competences;
Amendment 102 #
2019/2186(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges the Commission to develop common standards and norms in order to have a single rulebook for the Single Market, decreasing entry administrative barriers; stresses that these standards should help at enhancing the modernisation and renovation of economies, offering re-skilling programs to workers who may beleft behind and empowering citizens;
Amendment 104 #
2019/2186(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Urges the Member States and the Commission to promote interoperability between devices, applications, data repositories, services and networks, necessary to fully benefit from the deployment of information and communication technologies (ICTs);
Amendment 135 #
2019/2186(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Urges the Commission and the Member States to defend the rights of the workers of platform companies, who may be under unequal labour rights than off- line sectors, by levelling their working situation in terms of social protection, salary and time worked, as well as by establishing a fruitful consultation with civil society organisations that represent them; stresses that the COVID–19 pandemic has increased the exposure of these workers to the disease, increasing such inequality;
Amendment 141 #
2019/2186(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Considers that the Commission and the Member States should set up ex ante regulatory standards also for controlled, temporary spaces for economic activities such as the development of drones, the use of electric scooters or the implementation of digital ledger technologies (DLTs) to be used in transport and tourism; considers that these regulatory standards could minimize legal insecurity for new innovation and allow for their practical application to be assessed, helping to improve the regulatorycontext through continuous experimentation and evaluation;