Activities of João ALBUQUERQUE
Plenary speeches (21)
A post-2020 Global biodiversity framework and the UN Convention on Biological Diversity COP15 (debate)
The European Year of Youth 2022 Legacy (debate)
The storming of the Brazilian democratic institutions
EUCO conclusions: the need for the speedy finalisation of the Road Map (debate)
Question Time (Commission) - Legacy of the European Year of Youth
Start of the European Year of skills (debate)
Roadmap on a Social Europe: two years after Porto (debate)
One-minute speeches on matters of political importance
Quality traineeships in the EU (debate)
Classification, labelling and packaging of substances and mixtures (debate)
Children first - strengthening the Child Guarantee, two years on from its adoption - Reducing inequalities and promoting social inclusion in times of crisis for children and their families (joint debate – International Day of the Rights of the Child)
Parliament’s call for the right to disconnect - three years on (debate)
EU strategy to assist young people facing the housing and cost of living crisis (topical debate)
Fight against the resurgence of neo-fascism in Europe, also based on the parade that took place in Rome on 7 January (debate)
Addressing urgent skills shortages and finding the right talents to boost job creation (European Year of Skills) (debate)
Recent ecological catastrophe involving plastic pellet losses and its impact on micro plastic pollution in the maritime and coastal habitats (debate)
Quality traineeships in the EU (debate)
Preventing plastic pellet losses to reduce microplastic pollution (debate)
Preventing plastic pellet losses to reduce microplastic pollution (debate)
One-minute speeches on matters of political importance
European Disability Card and European Parking Card for persons with disabilities - European Disability Card and European Parking Card for persons with disabilities for third country nationals legally residing in a Member State (joint debate - Disability cards)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on preventing plastic pellet losses to reduce microplastic pollution
Shadow reports (6)
REPORT on the proposal for a decision of the European Parliament and of the Council on a European Year of Skills 2023
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures
REPORT on the proposal for a directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down conservation, management and control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries, amending Regulation (EU) 2019/1241 of the European Parliament and of the Council and Council Regulation (EC) No 1224/2009, and repealing Council Regulation (EEC) No 1899/85 and Regulation (EU) No 1236/2010
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directives 1999/2/EC, 2000/14/EC, 2011/24/EU and 2014/53/EU as regards certain reporting requirements in the fields of food and food ingredients, outdoor noise, patients’ rights, and radio equipment
REPORT on the proposal for a directive of the European Parliament and of the Council extending Directive [XXXX] to third country nationals legally residing in a Member State
Opinions (2)
OPINION on the implementation report on the EU-UK Trade and Cooperation Agreement
OPINION on the proposal for a regulation of the European Parliament and of the Council Establishing an EU Talent Pool
Shadow opinions (3)
Assessment of the new Commission communication on outermost regions
OPINION on the implementation of the 2018 Geo-blocking Regulation in the digital single market
OPINION on General budget of the European Union for the financial year 2024 - all sections
Oral questions (1)
The outcome of the European Year of Youth
Written explanations (5)
An EU strategy to boost industrial competitiveness, trade and quality jobs (B9-0085/2023, B9-0086/2023, B9-0087/2023, B9-0088/2023, B9-0089/2023, B9-0090/2023, B9-0091/2023, B9-0104/2023, B9-0105/2023, RC-B9-0107/2023, B9-0107/2023, B9-0108/2023, B9-0110/2023, B9-0111/2023, B9-0115/2023)
Votei favoravelmente o considerando N por considerar que devemos avançar para a ratificação do Acordo com o Mercosul, um acordo que já assenta em elevados padrões de defesa do desenvolvimento sustentável e acautela os objetivos ambientais.O voto a favor na resolução final deve-se ao facto de considerar que a União Europeia deve promover uma política equilibrada e justa – com base num level playing field entre os Estados-Membros – de relançamento da economia europeia. Este relançamento económico deve assentar numa política industrial que garanta trabalho digno e de qualidade e que prepare o setor empresarial e os trabalhadores para o combate às alterações climáticas, de forma justa e solidária.
Energy performance of buildings (recast) (A9-0033/2023 - Ciarán Cuffe)
A diretiva para o desempenho energético dos edifícios é um passo fundamental para cumprirmos os objetivos de transição climática, ao mesmo tempo que permite melhorar as condições de habitabilidade dos cidadãos europeus.Votei favoravelmente as alterações 52, 53, 54 e 55 por considerar que esta transição tem de dispor dos instrumentos financeiros necessários para ajudar as pessoas - sobretudo vulneráveis - no cumprimento destes objetivos sem colocar em causa as suas capacidades financeiras para o fazer.
Guidelines for the 2024 budget - Section III (A9-0124/2023 - Janusz Lewandowski)
Votei contra as alterações 19 e 29 por ser totalmente contra a construção de muros, cercas ou vedações para controlar as fronteiras da União Europeia, e ainda mais contra a utilização de financiamento europeu para estes fins. Com a aprovação da alteração 29, que previa este financiamento, votei contra o relatório na sua totalidade. A agenda populista e securitária da extrema-direita, amparada pelo centro-direita europeu, não pode encontrar na União Europeia um espaço para a sua afirmação.
Regulation of prostitution in the EU: its cross-border implications and impact on gender equality and women’s rights (A9-0240/2023 - Maria Noichl)
O relatório sobre a regulamentação da prostituição na UE que agora foi aprovado, mereceu o meu voto favorável pelo facto de apontar o caminho para a eventual eliminação desta prática, sem conduzir à criminalização de quem a pratica. Importa saber distinguir entre os objetivos finais de uma proposta e a realidade quotidiana, para as quais se exige uma resposta concreta e adequada. O voto favorável a este relatório assenta no facto de o mesmo não promover a liberalização desta prática, de não se criminalizar a procura - tendo votado pela rejeição do modelo nórdico - e de, ao mesmo tempo, se procurar combater o tráfico humano, a exploração sexual, as desigualdades de género e promover a proteção das mulheres.
Implementation of the 2018 Geo-blocking Regulation in the digital single market (A9-0335/2023 - Beata Mazurek)
O relatório da Comissão IMCO procurava acabar com a exclusão dos conteúdos audiovisuais do Regulamento do bloqueio geográfico. Por considerar que o bloqueio geográfico é fundamental para assegurar a diversidade da produção cultural europeia, bem como um modelo de financiamento sustentável, acompanhei as propostas de alteração introduzidas em plenário e que refletem a posição da Comissão de Cultura e a opinião emitida, de que fui relator-sombra. Estas propostas salvaguardam o essencial da posição do setor cultural português e europeu e são fundamentais para que se continue a investir na produção cultural.Não obstante, apesar de algumas destas posições não terem sido aprovadas pela maioria de deputados, considerei que a importância deste relatório – cuja amplitude vai para além da dimensão cultural – merecia a sua aprovação, pelo que votei favoravelmente o texto final.
Written questions (9)
Problems with decent housing and affordable rent for Erasmus+ mobility students
The impact of Brexit on the European fisheries sector
Transfer of power advancing annexation of the West Bank by Israel
Euronews
Criminal shipwreck in Greece
Risks related to children’s use of social media
Transparency of Portuguese media group ownership
Combating digital piracy in the European Union
Proposal for a basic regulation for the European Chemicals Agency
Amendments (1201)
Amendment 69 #
2023/2586(RSP)
Paragraph 4
4. Notes that, even with the Support to mitigate Unemployment Risks in an Emergency (SURE) instrument as part of the European unemployment reinsurance scheme, the economic fallout of the COVID-19 crisis has lasted longer than anticipated; highlights, however, that thousands of jobs were saved thanks to this instrument and that the shock to the labour market was less severe than expected; notes, in this regard, that thise need for a permanent fiscal capacity as an instrument that should remain in use for the duration of the current exceptional situation and continue to be based on loans and quickly activated only in the event of external financial or, economic shocks or other moments of crisis ;
Amendment 70 #
2023/2586(RSP)
Paragraph 4
4. Notes that, even with the Support to mitigate Unemployment Risks in an Emergency (SURE) instrument as part of the European unemployment reinsurance scheme, the economic fallout of the COVID-19 crisis has lasted longer than anticipated; highlights, however, that thousands of jobs were saved thanks to this instrument and that the shock to the labour market was less severe than expected; notes, in this regard, that this instrument should remain in use for the duration of the current exceptional situation and continue to be based on loans and quickly activated only in the eventbecome a structural one as it has proven to be indispensable for workers and enterprises in period of external financial or economic shocks;
Amendment 80 #
2023/2586(RSP)
Paragraph 5
5. Calls on the Commission to put forward a legal framework for an effective and enforceable ban on unpaid internships, traineeships and apprenticeships; welcomes the European Year of Skills which encourages EU investment in lifelong learning and highlights the importance of access to training and reskilling for workers in industries and sectors that need to undergo fundamental changes in order to achieve the green and digital transitions, ensuring no one is left behind; calls on the Commission to consider a directive on adequate minimum income in order to ensure the reintegration of people absent from the labour market, while respecting the principle of subsidiarity, the specificities of national social protection systems and the competences of the Member States; welcomes the Commission’s commitment to presenting a proposal, by the end of 2023, on the creation of an EU disability card to be recognised in all Member States; welcomes the ongoing negotiations of the social partners on the right to disconnect, with a view to putting forward a legally binding agreement implemented via a directive; calls on the Commission to put forward a legislative proposal for a European social security pass to provide national authorities, such as labour and social security inspectorates, and social partners involved in labour and social security inspections with a real-time instrument to effectively enforce national and EU law;
Amendment 139 #
2023/2586(RSP)
Paragraph 11
11. Reiterates its call that, in the light of the framework of the Green Deal industrial plan, EU funding, including State aid, should be conditional on public policy objectives, in particular social requirements, in order to offer high-quality jobs, promote collective bargaining, respect EU labour rights and standards and ensure improved working conditions; calls on the Commission and the Member States to improve the functioning of labour markets and to promote the integration of women, young people and vulnerable people in the labour market; calls on the Commission and the Member States to enforce the social clause in the existing Directive on public procurement7 and to revise the directive in order to further strengthen social clauses in public contracts to require economic operators and subcontractors to fully respect the right of workers to collective bargaining, to account for the recently adopted Directive on adequate minimum wages in the EU; __________________ 7 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, OJ L 94, 28.3.2014, p. 65.
Amendment 147 #
2023/2586(RSP)
Paragraph 12
12. Highlights the need to strengthen the social dimension of the European Semester and the implementation of the EPSR, especially in the light of the economic governance review; calls on the Commission to consider presenting an instrument for upward social convergence in order to prevent social convergence risks, detect potential setbacks in the proper implementation of the EPSR and establish social targets; believes that social divergence risks should be included in the country-specific recommendations and taken into account when laying out fiscal adjustment paths; calls on the Commission and Member States to fight against all forms of discrimination, and promote equal opportunities for all, particularly addressing children at risk of poverty, the elderly, people with disabilities, people with a migrant background, disadvantaged and minority groups and the homeless;
Amendment 2 #
2023/2536(RSP)
Citation 7
— having regard to International Labour Organization (ILO) Convention No 135 concerning protection and facilities to be afforded to workers’ representatives in the undertaking (the Workers’ Representatives Convention), ILO convention No 155 concerning Occupational Safety and Health, ILO convention No 187 concerning Promotional Framework for Occupational Safety and Health and ILO convention no 190 concerning the elimination of violence and harassment in the world of work,
Amendment 7 #
2023/2536(RSP)
Citation 19 a (new)
— having regard to its resolution Strong Social Europe for Just Transitions of 17 December 2020
Amendment 8 #
2023/2536(RSP)
Citation 19 b (new)
— having regard the Council Decision (EU) 2022/2296 of 21 November 2022 on guidelines for the employment policies of the Member States
Amendment 9 #
2023/2536(RSP)
Citation 19 c (new)
— having regard the Commission action plan on the implementation of the European Pillar of Social Rights of 4 March 2021 and the Porto Declaration on social affairs adopted by the members of the European Council in May 2021
Amendment 27 #
2023/2536(RSP)
Recital B
B. whereas collective bargaining at the sectoral and cross-industry levels came under pressure or have been dismantled in some Member States in the aftermath of the 2008 financial crisis; whereas the European Semester's Country Specific Recommendations adopted between the years 2011 and 2015 requested Member States to decentralise collective bargaining systems and stop wage indexation as well as the ultra-activity of collective agreements; whereas the share of workers covered by collective agreements has declined significantly over the past 30 years, with an estimated drop in EU average coverage from about 66 % in 2000 to about 56 % in 201811, owing to labour market reforms in many Member States that decentralised collective bargaining systems, the rise of precarious forms of employment and bogus self- employment; whereas in most Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; whereas bargaining coverage is substantially higher in countries where there are sectoral agreements and where these are frequently extended to non-covered companies or workers; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019.
Amendment 40 #
2023/2536(RSP)
Recital C
C. whereas European workers and employers are currently facing major challenges stemming from the consequences of the pandemic and, since 24 February 2022, the Russian war of aggression against Ukraine and the consequent cost-of-living and energy crisis; whereas these events have shown a pressing need for broader and stronger participation by social partners, especially if the green and digital transitions to a sustainable, fair and social future for the EU are to be achieved; whereas workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies; whereas according to Eurofound EUPolicy Watch database, social partners have been involved during the pandemic in almost half of the legislative policy measures recorded, while this involvement has decreased during 2022, when further policy measures related to the green transition, support for refugees from Ukraine and responses to the cost-of-living crisis were mapped;
Amendment 58 #
2023/2536(RSP)
Recital E a (new)
E a. whereas the RRF regulation includes an obligation for Member States to consult social partners in the preparation of the National Recovery and Resilience Plans through a greater variety of settings, however the quality and intensity of the involvement is uneven and rather weak in a relatively high number of countries; whereas the review report of the Commission on the RRF states that the success of the RRF depends on the close involvement of social partners, civil society organizations, local and regional authorities, and other stakeholders;
Amendment 60 #
2023/2536(RSP)
Recital F
F. whereas the involvement of social partners in policymaking and particularly in the implementation of the European Semester and the Recovery and Resilience Plans is an indicator of the quality of social dialogue; whereas some Member States are ensuring an enabling framework for social dialogue, while in some other Member States, social dialogue is under pressure for reasons including ineffective consultation procedures, a lack of capacity and strict representational criteria, attacks against workers’ rights to join or to form a trade union at the workplace, ineffective legislation that does not enable trade unions to access workplaces for the purpose of organising, attacks against the right to strike; whereas the EU regulatory landscape in the field of employment law and company law remains excessively fragmented, which could result in a lack of legal certainty on applicable rules and rights for both employers and employees;
Amendment 76 #
2023/2536(RSP)
Recital H
H. whereas the enabling conditions for a well-functioning social dialogue are: (i) the existence of strong, independent trade unions and technical capacity in employers’ organisations; (ii) access to relevant information to participate in social dialogue; (iii) a commitment from all parties to engage in social dialogue; (iv) respect for the fundamental rights of freedom of association and collective bargaining; and (v) appropriate institutional support and (vi) allowing for independent social partners to negotiate and conclude collective agreements autonomously;
Amendment 80 #
2023/2536(RSP)
Recital I
I. whereas strong collective bargaining, in particular at sectoral or cross-industry level, contributes to quality jobs; whereas trade unions, workers’ representation and participation and collective bargaining coverage are essential for the enforcement of workers’ rights and the proper functioning of companies; whereas action isand better legislation to protect trade union rights are needed to ensure a balance of bargaining power between employers and trade unions, which can be improved by strengthening democracy at work;
Amendment 85 #
2023/2536(RSP)
Recital L
L. whereas social dialogue and collective bargaining are key instruments for employers and trade unions to use to establish fair wages and working conditions; whereas strong collective bargaining systems increase Member States’ resilience in times of economic crisis; whereas societies with strong collective bargaining systems tend to be wealthier and more equal; whereas the right to collective bargaining is an issue that concerns all European workersworkers in Europe and that can also have crucial implications for democracy and the rule of law, including respect for fundamental social rights; whereas collective bargaining is a European fundamental right and the EU institutions are bound to respect it by Article 28 of the Charter of Fundamental Rights of the EU; whereas in this context, policies that respect, promote and strengthen collective bargaining and the position of workers in wage-setting systems play a critical role in achieving better working conditions and ensures better living conditions;
Amendment 90 #
2023/2536(RSP)
Recital L a (new)
L a. whereas the informal economy is characterised by a high share of invisible and most vulnerable groups of workers; whereas the COVID-19 pandemic has forced a growing number of workers, especially women, to enter informal economy and exacerbated pre-existing vulnerabilities; whereas the most represented sectors in the informal economy in the EU, i.e. health, care, social work, and agriculture, are at the same time vital ones for the functioning of our societies;
Amendment 115 #
2023/2536(RSP)
Paragraph 2
2. UIs convinced that good-quality social dialogue pays off in turbulent times when stability is needed to face ongoing economic uncertainty, as it was proved during the COVID-19 crisis when it played a major role in managing the crisis and mitigating its negative economic and social effects; urges the Commission to monitor the implementation of its recommendation at national and Union level, jointly with the Member States and relevant social partners; calls on the Commission and the Member States to ensure that this monitoring allows social partners to, among other things, identify situations from which they have been excluded or in which they were inadequately involved in national-level consultations on Union and national policy, including access to justice and the right to redress; calls on the Commission to initiate infringement procedures in case social partners involvement is not respected; proposes that Eurofound’s EUPolicyWatch database, as unique EU wide instrument to capture social partner’s involvement in national policy making, could be used for that purpose;
Amendment 143 #
2023/2536(RSP)
Paragraph 6 a (new)
6 a. Urges the Commission to promote collective bargaining, democracy at work, and social dialogue through the European Semester, and specifically in the country- specific recommendations, in order to ensure, decent wages through collective bargaining; encourages the Commission to propose new social dialogue indicators for the European Semester, relating to industrial relations in the Member States that could be used to further strengthening the social dialogue; such indicators could include references to industrial democracy already used by Eurofound in its Industrial Relations Index;
Amendment 145 #
2023/2536(RSP)
Paragraph 7
7. Calls on the Commission and the Member States to ensure, with the involvement of social partners, an enabling environment for collective bargaining; calls on the Commission and the Member States to include in such an enabling environment effective measures against union-busting practices, since those practices decrease trade union density; calls on the Commission and the Member States, along with social partners, to commit to reaching collective bargaining coverage of 90 % by 2030, and to taking concrete measures in this regard with a view to improving living and working conditions in the Union, contributing to upward social convergence, fighting in- work poverty and social exclusion and reducing wage inequality;
Amendment 156 #
2023/2536(RSP)
Paragraph 8
8. Calls on the Member States to repeal any national legislation that hampers collective bargaining, including any legislation that inhibits trade unions’ access to workplaces for the purpose of organising in order to be able to collectively bargain; calls on Member States to ensure access to the workplace is being guaranteed, also when the work is performed digitally; calls on the Commission and the Member States to promote sectoral- level collective bargaining as an important instrument to increase collective agreement coverage, making sure that derogations from collective agreements concluded at a higher level are restricted to situations in which those derogations are needed to maintain quality employment;
Amendment 188 #
2023/2536(RSP)
Paragraph 11
11. Calls for the EU industrial strategy to ensure that the jobs of tomorrow are not only green, but above all decent, well paid and based on good working conditions, including as regards health and safety at work, robust social protection and gender equality; calls on the Member States, in the context of the European Green Deal and the RePowerEU plan, to adopt and implement, in close cooperation with social partners, comprehensive and coherent policy packages to benefit all societal groups and to make optimal use of public and private funding, including social conditionalities for the creation of quality jobs with fair working conditions and good pay, the promotion of collective bargaining and respect for collective agreements and trade union rights; considers furthermore that all EU financial support to undertakings, including the Green Deal industrial plan programmes, should be made conditional on the undertakings’ compliance with the applicable working and employment conditions and/or employer obligations, including any applicable collective agreements; urges the Commission and the Member States to enforce the requirements that companies receiving public support must avoid redundancies and the worsening of working conditions and that, under the EU industrial plan, undertakings must respect collective bargaining and information and consultation processes with unions on investments, restructuring and any reforms; public funding must also be linked with training obligations under which companies agree to put in place paid apprenticeships with the right to be retained, as well as cost-free, on-the-job re- and up-skilling programs for workers;
Amendment 200 #
2023/2536(RSP)
Paragraph 12 a (new)
12 a. Reminds the Commission and the Member States of the urgent need for a social progress protocol that, in the event of conflicts between economic freedoms and fundamental social rights, give priority to the latter
Amendment 210 #
2023/2536(RSP)
Paragraph 14 a (new)
14 a. Stresses its deep concern of union busting practises; calls on the Commission to propose a directive guaranteeing trade unions access to workplaces for the purpose of organising, information sharing and consultation, and to secure every European citizen the right to voluntarily organise in a trade union, strengthening worker’s representation and securing social partners’ rights to collectively bargain;
Amendment 222 #
2023/2536(RSP)
Paragraph 17
17. Calls on the Member States to ratify and implement all ILO core conventions, including No 155 concerning Occupational Safety and Health and the Working Environment and No 187 concerning the promotional framework for occupational safety and health, which have both been recently designated as ILO core conventions and which have not yet been ratified by all Member States, as well as ILO convention 190 concerning the elimination of violence and harassment in the world of work; calls on the Commission to encourage the Member States to ratify and implement all the ILO core conventions;
Amendment 228 #
2023/2536(RSP)
Paragraph 18 a (new)
18 a. calls on the Commission and the Member States to promote and facilitate freedom of association and collective bargaining in the informal economy as a means of raising worker’s visibility, ensuring decent working conditions and social protection, as well as tackling undeclared work;
Amendment 238 #
2023/2536(RSP)
Paragraph 20 a (new)
20 a. Calls on the Commission to make the necessary improvements to the legal frameworks regulating European public limited-liability companies (Societas Europea or SE) and European Cooperative Societies and, on the basis of a timely evaluation by the Commission, to the Company Law Package, and to amend them to introduce minimum EU rules governing employee participation and representation on supervisory boards, including on gender equality;
Amendment 239 #
2023/2536(RSP)
Paragraph 20 b (new)
20 b. Is convinced that introducing new digital technologies has the potential to have a positive impact on the work environment if they are implemented and monitored in a trustworthy manner, which will require timely and meaningful information and the consultation of workers’ representatives, including trade unions, to ensure full respect for their health and safety at work, data protection, equal treatment, employment stability, social protection and well-being at work, and to prevent undue exploitation and surveillance of workers, as well as discrimination and stigmatisation, in particular via management by algorithms; underlines the fact that trade unions and workers’ representatives should have the necessary access and means to assess and evaluate digital technology prior to their introduction; emphasises that new digital technologies and artificial intelligence should not replicate existing discrimination and societal biases but should help the social inclusion and participation of diverse groups; highlights the need to apply the ethics-by-default principle throughout the entire life cycle of the digital technologies in order to harness their full potential and avoid biases; stresses that social dialogue structures, sectoral collective bargaining, the provision of information to trade unions and workers’ representatives, and the consultation and participation thereof are key to providing the necessary support for workers to better build and participate in the uptake and monitoring by social partners of digital technology at the workplace;
Amendment 4 #
2023/2066(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the UN Covenant on Economic, Social and Cultural Rights, adopted in New York on 16 December 1966,
Amendment 8 #
2023/2066(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the UN Sustainable Development Goals (SDGs),
Amendment 10 #
2023/2066(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
– having regard to the principles of the European Pillar of Social Rights (EPSR),
Amendment 11 #
2023/2066(INI)
Motion for a resolution
Citation 2 c (new)
Citation 2 c (new)
– having regard to the EPSR Action Plan with its 2030 headline targets and the EU social scoreboard,
Amendment 12 #
2023/2066(INI)
– having regard to the Porto declaration of 8 May 2021 and the renewed commitments at the 2023 Porto Social Forum,
Amendment 16 #
2023/2066(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 17 #
2023/2066(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
Amendment 19 #
2023/2066(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
– having regard to the European Parliament resolution of 29 April 2021 on the European Child Guarantee,
Amendment 20 #
2023/2066(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
– having regard to the European Parliament resolution of 7 April 2022 on the EU’s protection of children and young people fleeing the war in Ukraine,
Amendment 21 #
2023/2066(INI)
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
– having regard to the European Parliament resolution of 5 July 2022 towards a common European action on care,
Amendment 22 #
2023/2066(INI)
Motion for a resolution
Citation 5 e (new)
Citation 5 e (new)
– having regard to the European Parliament resolution of 5 October 2022 on the EU’s response to the increase in energy prices in Europe,
Amendment 23 #
2023/2066(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 24 #
2023/2066(INI)
Motion for a resolution
Citation 7
Citation 7
Amendment 25 #
2023/2066(INI)
Motion for a resolution
Citation 8
Citation 8
Amendment 26 #
2023/2066(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 30 #
2023/2066(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
Amendment 32 #
2023/2066(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
– having regard to the Council recommendation of 22 May 2019 on High-Quality Early Childhood Education and Care Systems,
Amendment 33 #
2023/2066(INI)
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
– having regard to the Commission’s Communication A Union of Equality: Gender Equality Strategy 2020-2025 (COM(2020) 152 final), of 5 March 2020,
Amendment 34 #
2023/2066(INI)
Motion for a resolution
Citation 12 d (new)
Citation 12 d (new)
– having regard to the Commission’s Communication EU Roma strategic framework for equality, inclusion and participation for 2020-2030 (COM(2020) 620 final), of 7 October 2020,
Amendment 35 #
2023/2066(INI)
Motion for a resolution
Citation 12 e (new)
Citation 12 e (new)
– having regard to the Commission’s Communication Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 (COM(2021) 101 final), of 3 March 2021,
Amendment 36 #
2023/2066(INI)
Motion for a resolution
Citation 12 f (new)
Citation 12 f (new)
– having regard to the Communication of the European Commission on European Care Strategy (COM/2022/440 final) of 7 September 2022 , the Council recommendation 14785/22 of 29 November 2022 on early childhood education and care: the Barcelona targets for 2030 and the Council recommendation 13948/22 of 25 November 2022 on access to affordable high-quality long-term care,
Amendment 37 #
2023/2066(INI)
Motion for a resolution
Citation 12 g (new)
Citation 12 g (new)
– having regard to the Council Recommendation of 30 January 2023 on adequate minimum income ensuring active inclusion 2023/C 41/01,
Amendment 38 #
2023/2066(INI)
Motion for a resolution
Citation 13
Citation 13
Amendment 39 #
2023/2066(INI)
Motion for a resolution
Citation 14
Citation 14
Amendment 40 #
2023/2066(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 41 #
2023/2066(INI)
Motion for a resolution
Citation 16
Citation 16
Amendment 46 #
2023/2066(INI)
Motion for a resolution
Citation 17
Citation 17
– having regard to the reportopinion of the Committee on Women’s Rights and Gender Equality,
Amendment 53 #
2023/2066(INI)
Motion for a resolution
Recital A
Recital A
A. whereas child poverty iin 2021, more than 19.6 million children (one in four children) were at risk of poverty and social exclusion in the EU; whereas despite significant differences in child poverty and social exclusion rates between the Member States, no Member State is free of child poverty1a; whereas over one-fifth (22.4 %) of the EU population living in households with dependent children was at risk of poverty or social exclusion in 20222a; whereas in 2021, 54.3 % of people living in single-adult households with dependent children in the EU were unable to meet unexpected financial expenses3a; whereas child poverty is thus a multidimensional phenomenon stemming from household poverty, meaning that low- er-education and low-income families, single-parent families – mostly made up of women and their children – and large disadvantaged families are at greater risk of poverty and bear a higher probability of transmission of poverty over several generation; whereas this phenomenon requires a multidimensional response, which necessarily includes improving employment quality and job security, guaranteeing and enforcing rights, increasing income and ensuring universal access to quality public services; , as well as family and child benefits; _________________ 1a Save the Children Europe (2023) Guaranteeing Children's Future: How COVID-19, cost-of-living and climate crises affect children in poverty and what governments in Europe need to do. Available at: https://resourcecentre.savethechildren.net /pdf/Guaranteeing-Childrens-Future- Report-Full-MARCH-2023.pdf/. 2a Eurostat (2023) Living conditions in Europe - poverty and social exclusion. Available at: https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Living_conditi ons_in_Europe_- _poverty_and_social_exclusion&oldid=58 4082. 3a Eurostat (2022) Living conditions in Europe - material deprivation and economic strain. Available at: https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Living_conditi ons_in_Europe_- _material_deprivation_and_economic_str ain.
Amendment 67 #
2023/2066(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 70 #
2023/2066(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas life in areas with the lack of accessible quality child-centred services and support to the families increases the risk of child poverty and social exclusion;
Amendment 72 #
2023/2066(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Amendment 74 #
2023/2066(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Amendment 77 #
2023/2066(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Amendment 79 #
2023/2066(INI)
Motion for a resolution
Recital A f (new)
Recital A f (new)
Amendment 81 #
2023/2066(INI)
Motion for a resolution
Recital A g (new)
Recital A g (new)
Ag. whereas not having a nationality or identity documents makes it difficult for stateless children to access some of the most fundamental rights, such as birth registration, education, healthcare, social security and housing, and exposes them to greater risks of abuse and exploitation such as trafficking, child labour, and immigration detention;
Amendment 84 #
2023/2066(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the European Pillar of Social Rights Action Plan, adopted in 2021, aims to reduce the number of children at risk of poverty and social exclusion by at least 5 million by 2030; whereas even if this target were achieved around 15 million children in the EU would still be at risk of poverty and social exclusion; whereas this number is projected to further increase with the emergence of new complex and intertwined social crises1a; _________________ 1a Save the Children Europe (2023) Guaranteeing Children's Future: How COVID-19, cost-of-living and climate crises affect children in poverty and what governments in Europe need to do. Available at: https://resourcecentre.savethechildren.net /pdf/Guaranteeing-Childrens-Future- Report-Full-MARCH-2023.pdf/.
Amendment 91 #
2023/2066(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the European Child Guarantee is a key EU instrument for preventing and combatting poverty and social exclusion by guaranteeing free and effective access for children in need to essential care services, such as early childhood education and care, educational and school-based activities, healthcare and at least one healthy meal per school day, and effective access for all children in need to healthy nutrition and adequate housing;
Amendment 112 #
2023/2066(INI)
Motion for a resolution
Recital C
Recital C
C. whereas childcare and pre-scgh-quality inclusive early childhoold education mayand care plays a significant role in compensating for the disadvantaged socio-economic status of children at risk of poverty and its impact on children’s health and socio-emotional development, and fosters the integration of parents, especially mothers, into the labour market; whereas the remote learning policies during the COVID-19 pandemic increased inequalities due to the lack of resources and support needed to the disadvantaged children and their families1a; _________________ 1a Human Rights Watch (2021) “Years don’t wait for them”: increased inequality in children’s right to education due to the Covid-19 pandemic. Available at: https://www.hrw.org/sites/default/files/me dia_2021/05/global_covideducation0521_ web.pdf.
Amendment 119 #
2023/2066(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 127 #
2023/2066(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2021, 3.6% of children in the EU below 16 had unmet medical needs and 4.4 % of children reported a disability1a; whereas even in countries where the right to health is enshrined in law, inequalities persist and many children do not have timely access to adequate healthcare and some have extremely limited access to services other than emergency services, putting at risk the health of women during pregnancy and childbirth, as well as thessential health services; whereas the far-reaching crises such as the COVID-19 pandemic put at risk mental health and well-being of the entire generations of children; whereas the prevalence of mental health problems is three times higher among children from low-income families2a; whereas the risks of pervasive digital technologies for health and wellbeing of children and their families should not be underestimated; _________________ 1a Eurostat (2023) Health statistics - children. Available at: https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Health_statistic s_-_children&oldid=508288. 2a Save thealth of babies and children; Children Europe (2023) Guaranteeing Children's Future: How COVID-19, cost-of-living and climate crises affect children in poverty and what governments in Europe need to do. Available at: https://resourcecentre.savethechildren.net /pdf/Guaranteeing-Childrens-Future- Report-Full-MARCH-2023.pdf/.
Amendment 134 #
2023/2066(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas sexual health is fundamental to the overall health and well-being of individuals, couples and families; whereas several Member States are attempting to further limit access to sexual and reproductive health and rights through highly restrictive laws that put at risk the health of women during pregnancy and childbirth, as well as the health of children;
Amendment 141 #
2023/2066(INI)
Motion for a resolution
Recital E
Recital E
E. whereas all children, parents, foster families and carers should be protected from discrimination, such as discrimination on grounds of sex, language, sexual orientationand/or gender identity , religion or belief, political or ideological beliefs, national, racial, ethnic or social origin, belonging to a national minority, economic situation, disability, age or any other status, and children from vulnerable population groups are at greater risk of marginalisation, poverty and social exclusion;
Amendment 142 #
2023/2066(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas children with disabilities and children born to parents with disabilities are still exposed to discrimination and violation of their rights through persistent barriers in all areas of life; whereas these barriers and lack of accessible quality care and support services for persons with disabilities and other persons in need of care and support is particularly manifest in the times of crises, leading to the additional burden on informal, family carers, majority of whom are women;
Amendment 144 #
2023/2066(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas child support and family policies do not always reflect and are not sufficiently adapted to the family diversity and family living arrangements (e.g. families with unmarried parents, children of separated parents living in two households or children living in a blended large family, foster families, rainbow families), to the detriment of families’ living standards, access to social protection programs and benefits, and their resilience to crises;
Amendment 146 #
2023/2066(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Amendment 158 #
2023/2066(INI)
Motion for a resolution
Recital F
Recital F
F. whereas playing gives children the opportunity to express themselves in a symbolic way and forms an essential basis of the way they think; is the natural and the most effective way for children to learn about themselves, their social and natural environment, to express themselves and develop; whereas participation in cultural life, recreation, leisure and sport directly contributes to children’s well-being and helps them to thrive; whereas financial constraints hamper participation of children from disadvantaged families in non-formal educations and extracurricular activities;
Amendment 191 #
2023/2066(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission and Member States to increassignificantly increase and ensure sustainable and adequate public investment in universal and targeted policies that have a direct and indirect impact on children’s lives, above all by guaranteeing equal access to high-quality public services (especially, such as care, early childhood education and care, education, health, decent housing, cultural and leisure activities), to promote the creation of work with rights based on robust collective bargaining and recruitment with decent and fair wages, to facilitate a work-life balance by, inter alia, reducing working hours and providing for maternity and paternity leave, and to bolster mechanisms for ensuring the participation of children and their families in the development, implementation and monitoring of these policies; for children and families in vulnerable situations; calls on the Commission and Member States to bolster mechanisms for ensuring the participation of children and their families in the development, implementation and monitoring of these policies; underlines the importance of exempting the investment in the key policies for combatting child poverty and social exclusion from the national spending cuts;
Amendment 200 #
2023/2066(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and the Member States to promote the creation of quality jobs with strong labour rights and decent working conditions, including stable and fair work contracts, as well as decent and fair wages, which guarantee access to social and health protection, and robust collective bargaining as a crucial mechanism for representing and defending workers’ rights, especially in the times of crises; underlines the importance of facilitating a work-life balance by, inter alia, maternity, paternity, care and parental leave, reducing working hours and, providing flexible working arrangements for parents and carers;
Amendment 206 #
2023/2066(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Acknowledges the critical role of family and child benefits, as part of fair and inclusive social protection systems, which are adapted to the variety of family arrangements and provide timely access to social protection and adequate support for all, including for refugee and migrant children and their families; calls on the Member States to tackle the low take-up of social benefits and support by campaigns dedicated to raising awareness and combatting stigma and stereotypes;
Amendment 209 #
2023/2066(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that the governments of the Member States are moving away from universal policies andto increasingly promoting policies based on the liberalisation of services and instruments whose availability depends on the resources of the beneficiaries; stresses that universal, coordinated and long-term policies offer better protection against the multiple causes of poverty and social exclusion, by providing structural responses that can, if necessary, be supplemented by immediate, one-off support measuresor temporary targeted support measures; calls on the Commission to take this issue up in the context of the annual cycles of the European Semester for coordination of economic and social policies; encourages the Commission to invest in further take- up of the Social Imbalances Procedure;
Amendment 215 #
2023/2066(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of well- designed minimum income schemes for social inclusion and people’s ability to lead dignified lives, especially in the times of crises; calls on the European Commission to propose a framework Directive on Minimum Income that sets minimum common standards and methodologies to guarantee accessible, enabling and adequate minimum income schemes;
Amendment 221 #
2023/2066(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to refrain from recommending reforms that lead to cuts in and the weakening of public administrationsector in the Member States, aimed at promoting the relaxation of employment relationships and the privatisation and liberalisation of public services, which have led to the weakening and, in some cases, the undermining of the social and labour rights of children and their families; calls on the Member States to increase the investment in availability and accessibility of professional care services as a means of reducing the burden on informal carers and ensuring minimum quality standards in care; deplores the recent statements by the President of the ECB, who criticised the investments by national governments in social responses aimed at addressing the increased cost of living;
Amendment 233 #
2023/2066(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to make the widest possible use of the Child Guarantee as a social response facilitating the social integration and inclusion of children suffering from poverty and exclusion; stresses the key importance of living up to the political commitment with comprehensive ambitious, regularly and timely updated Child Guarantee national action plans with measures targeting the most vulnerable children and their families, clear indicators, a timeframe and a structured monitoring framework that guarantees meaningful participation of multi-sectoral stakeholders, paired with a national framework for adequately disaggregated data collection; calls on the Commission and Member States to scale up investment and to strengthen child protection systems and social welfare services, allowing for swift implementation of the Child Guarantee in the context of new crises and the growing number of children in need;
Amendment 261 #
2023/2066(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to implement legislation that protects or enhances maternity, paternity and parental rights, allowing for a more effective work- life balance and a more equal distribution of care and housework, that makes it possible for women to return to work after pregnancy and maternity leave, and for breastfeedingallow for adequate time for breastfeeding after returning to work;
Amendment 273 #
2023/2066(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the EU budgetary authorities to take advantage of the upcoming mid-term review of the Multiannual Financial Framework (MFF) 2021-2027 to strengthen and make better use of ESF+, ERDF, FEAD and Child Guarantee allocations in order to strengthen structural policies and social support for children and families accounting for the multisectoral nature of poverty; reiterates its repeated calls for the urgent increase in funding of the Child Guarantee with a dedicated budget of at least €20 billion for the period 2021-2027; insists on making this dedicated budget part of the revised MFF and reinforced ESF+; calls on the Commission to make available – and on the Member States to make full use of – all available resources to effectively implement the Child Guarantee, including the ESF+, ReactEU and the RRF;
Amendment 282 #
2023/2066(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends thatCalls on the Member States to ensure that all children have access to formal and non-formal, public, free, inclusive and quality education at all ages; deplores persistent cases of discrimination through separation or concentration of disadvantaged children, particularly Roma children, children with disabilities and children with a migrant background, in specific schools and classrooms; calls on the Commission and the Member States to combat school segregation and to develop policies, strategies and tools for advancing inclusive education; calls on the Commission and the Member States to specifically ensure access to inclusive, high-quality education for all persons with disabilities;
Amendment 295 #
2023/2066(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses, in view of the difficulties in accessing early childhood care in most Member Stateducation and care throughout the Union, especially for children aged 0-3 and children from economically and socially disadvantaged families, the need for increased investment in quality early childhood education and care services, thereby creating or bolstering a public, universal and free response from the very beginning of the education processupport to parents and carers from child’s early years;
Amendment 311 #
2023/2066(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the experience of some Member States, which ensure that textbooks and teaching materials, as well as school transport and healthy meals, are inclusive and provided free of charge; recommends extending this system to all Member States as a means of ensuring equal access to education and as an important means of financial support for the most vulnerable of families; encourages the Member States to use the available European funds to promote equal participation of children from disadvantaged households in extracurricular and leisure activities;
Amendment 321 #
2023/2066(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to guarantee universal, public, free and quality healthcare for all children and their families; highlights the value of vaccinating children and the need to fight the hotbeds of misinformation with regard to the benefits of vaccinationintegrated healthcare, including health promotion and disease prevention, for all children and their families through a universal health coverage package; calls on the Member States to guarantee universal and accessible maternal, new- born and paediatric care, from pregnancy to adolescence, providing for regular paediatric visits, consultations with nutritionists, psychologists, speech and language therapists, and other health professionals, regardless of the ethnic, social or administrative status of the parents; highlights the value of vaccinating children and the need to fight the hotbeds of misinformation with regard to the benefits of vaccination; is concerned over the persistent considerable shortage of medicines for children and calls on the Commission and the Member States to ensure sufficient production and stockpiling of important paediatric primary care medicines; calls on the Member States to support families in vulnerable situations through individualised and tailored social services and psychosocial support;
Amendment 329 #
2023/2066(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Member States to develop specific measures to support parents with disabilities and parents of children with disabilities, and to ensure accessible information about the support available to them; acknowledges the benefits of family-centred early childhood intervention and calls on the Commission and the Member States to mainstream it in all the relevant policy areas, such as policies for the protection of children’s rights and persons with disabilities, and to foster an exchange of information and best practices on it; calls on the Commission and the Member States to incorporate the disability perspective and meaningfully consult persons with disabilities and their representative organisations when planning actions to ensure adequate standard of living and social protection of persons with disabilities, particularly in times of crises and transitions;
Amendment 333 #
2023/2066(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Urges the Commission and the Member States to accelerate the transition from institutional care to family- and community-based affordable professional quality care services, in full respect of the obligations enshrined in the United Nations Convention on the Rights of Persons with Disabilities, United Nations Convention on the Rights of the Child and other key human rights instruments;
Amendment 335 #
2023/2066(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the right to comfortabledecent housing that meets the needs of children and their families and ensures their well- being, privacy and quality of life; calls on the Member States to eradicate homelessness through preventive and housing-led strategies, to promote a public housing policy that tackles property speculation and guarantees this righte right to affordable quality housing, and to increase investment in quality social housing; highlights the importance of adapting the living, care and education facilities to climate emergencies; calls on the Commission and the Member States to mainstream child-sensitive approach in policies and measures for tackling climate change;
Amendment 340 #
2023/2066(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Deplores the fact that the cycle of poverty in Roma families often leads to Roma children being overrepresented in social protection institutions in comparison to non-Roma children; highlights the fact that Roma children and their families are often the first to suffer in times of crisis; calls on the Commission and Member States to pay specific attention in the implementation of the Child Guarantee to the unique challenges faced by Roma children, who often experience extreme poverty, marginalisation, and discrimination in all spheres of life; calls on the Member States to prioritise effective measures and specific actions for improving the status of the family and living conditions, health and well-being of children, early learning and fostering responsive parenting in the implementation of the EU Roma Strategic Framework;
Amendment 344 #
2023/2066(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to foster programmes to monitor the prices of food, energy, transport and other essential goods in order to reduce the impact of the rise in the cost of living on children and their familiesprovide timely assistance to the families hit by the cost of living crisis, taking into account child- and gender-sensitive approach; highlights the detrimental impact of inflation and cost- of-living crisis on the life and rights of children and families in vulnerable situations and calls on the Member States to uprate social benefits and wages to inflation;
Amendment 359 #
2023/2066(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Condemns all forms of violence, abuse, exploitation, including child labour, and neglect with regard to children, as well as violence against women, domestic and gender based violence; calls on the Member States to develop and implement integrated prevention and protection systems for children and other victims with a view to eradicating violence and discrimination, both in physical and digital environment;
Amendment 374 #
2023/2066(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to invest in support and follow-up for children and young asylum seekersrefugee and migrant children , especially unaccompanied minors and stateless children, their families, carers and host institutioncommunities;
Amendment 6 #
2023/2053(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the European book sector is rich and diverse and one of the largest culture industries in Europe, with around 600 000 titles published annually, and the overall value chain is estimated to employ more than half a million people in the EU;
Amendment 9 #
2023/2053(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the entire book sector value chain relies on the balance between theits various actors, such as authors, publishers, translators, booksellers and libraries; whereas each of them plays a vital role and whereas any measure negatively impacting either of them affects the entire ecosystem;
Amendment 12 #
2023/2053(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas authors are the backbone of the sector and play a vital role in society’s development;
Amendment 14 #
2023/2053(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas publishers play an essential role in the book value chain, as the link between authors and their potential readers and independent businesses are essential with regard to freedom of expression allowing a multitude of voices to be heard and views to be aired;
Amendment 16 #
2023/2053(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Amendment 21 #
2023/2053(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the book sector plays an essential role in fostering freedom of expression, which can only be exercised by ensuring freedom, independence, editorial diversity and editorial responsibility within the publishing industry;
Amendment 25 #
2023/2053(INI)
Motion for a resolution
Recital H
Recital H
H. whereas printed books, e-books and audiobooks represent different options available on the market nowadays and complement each other on the market;
Amendment 26 #
2023/2053(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Amendment 29 #
2023/2053(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the COVID-19 pandemic had a considerable impact on the book sector leading, however, to uneven effects through Europe; whereas within each country, the impact of the pandemic has been quite diverse across several domains, such as publishing sectors, trade channels, players of different sizes, and types of books; whereas nevertheless, where the sector has been able to best adapt to the challenges raised by the pandemic, adequate and targeted support from public authorities has proved essential;
Amendment 31 #
2023/2053(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the COVID-19 pandemic, Russia’s war of aggression against Ukraine, the consequent rise in costs for the sector, rampant inflation and the paper crisis have posed significant challenges to the book sector and substantially hindered its competitiveness;
Amendment 32 #
2023/2053(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas libraries are gateways to knowledge and culture and play a key role in society, especially in local communities; whereas the relevance of libraries is experienced by community members by providing access to information and resources, supporting literacy, promoting lifelong learning and serving as gathering spaces;
Amendment 35 #
2023/2053(INI)
Motion for a resolution
Recital K
Recital K
K. whereas only a very smalla steadily growing but still insufficient proportion of books are produced in formats that are accessible to persons with disabilities;
Amendment 48 #
2023/2053(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on theall Member States to recognise books as essential goods and take measures at national level to further promote reading from an early age;
Amendment 52 #
2023/2053(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the value of books as tools for theto promote diversity and inclusion of groups at risk of marginalisation within society, in particular people lacking digital skills and persons with disabilities;
Amendment 55 #
2023/2053(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States, in this regard, to implement the European Accessibility Act17 as soon as possible and take measures to ensure that books are available in accessible formats for persons with disabilities, in the interests of cultural, social and professional inclusion; Recalls that the European Accessibility Act goes hand-in-hand with the Marrakesh Treaty, which has been transposed into European legislation through the Marrakesh Directive and Regulation; Emphasises that the Marrakesh Treaty and the European Accessibility Act are complementary tools that aim to improve the access of persons with disabilities to published works, both physically and digitally, on equal basis with others; _________________ 17 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 56 #
2023/2053(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that due to the large number of titles available on the market and the technical challenges related to accessibility, not all e-books will be accessible by 2025; calls therefore on the Member States to ensure that adequate resources are made available to meet high costs and to ensure that the requirement to make e-books accessible does not result in a diminished offer on the market;
Amendment 64 #
2023/2053(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to provide adequate financial and structural support to the sector, in particular to SMEs, while financing research and innovation dedicated to increase accessibility;
Amendment 90 #
2023/2053(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the need to support the translation of European non-fiction books, particularly via the Creative Europe programme, which does not currently allow for this;
Amendment 102 #
2023/2053(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for more initiatives to promote reading in the Member States, such as the introduction of ‘cultural vouchers’, especially for young people and marginalised groups, that could facilitate the purchase of books;
Amendment 108 #
2023/2053(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Commission’s launch of the first edition of the Day of European Authors to encourage book reading among the younger generations and supports the strengthening and the continuation of this initiative in the coming years;
Amendment 115 #
2023/2053(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. CallsUnderlines that independent bookstores are cornerstones of local communities by offering a differentiated customer experience and often supporting new and local authors contributing to lively literary scenes; calls therefore on the Commission to create a label for independent bookshops in the EU in order to boost the visibility of local bookshops and promote the diversity of European books;
Amendment 116 #
2023/2053(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Deplores the growing attacks against bookstores and libraries, as well as the increasing censorship of inclusive books; Stresses the role of bookstores and libraries as safe and welcoming spaces, where neither censorship nor any violent acts should be tolerated;
Amendment 124 #
2023/2053(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Emphasises the prevailing paper- based nature of the book industry and calls on the Commission to take into due account this specificity in the design and implementation of green transition policies to prevent negative impacts and to devise specific support measures to accompany the book sector in its transition towards a more sustainable model;
Amendment 131 #
2023/2053(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. WRecognises that calculating the carbon footprint of printing activities and its products is crucial to help consumers understand the environmental impact of their activities; in this regard, welcomes the sector’s efforts to produce printed books in a greener and more sustainable manner through the widespread use of certified and recycled paper, as well as various related initiatives, such as CO2 calculators and green labels;
Amendment 145 #
2023/2053(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to support national initiatives on data sharing and standardisation, and to collect data on the European book sector as a whole, so as to furtherbetter understand the challenges the sector is facing and further support it, optimiseing production, distribution and sustainability efforts;
Amendment 150 #
2023/2053(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the need for fair competition in the book market in order to guarantee consumer choice and cultural diversity; underlines the unfair practices by certain dominant online players that abuse their position to the detriment of other actors in the value chain; in this regard, calls on the Commission and the Member States to monitor the effective implementation and compliance with the obligations of the Digital Markets Act (DMA) by dominant online market players to ensure fair competition;
Amendment 3 #
2023/2051(INL)
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 151 and 225 of the Treaty on the Functioning of the European Union,
Amendment 3 #
2023/2051(INL)
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 151 and 225 of the Treaty on the Functioning of the European Union,
Amendment 5 #
2023/2051(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the European Pillar of Social Rights,
Amendment 5 #
2023/2051(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the European Pillar of Social Rights,
Amendment 17 #
2023/2051(INL)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to the European Qualification Framework for lifelong learning,
Amendment 17 #
2023/2051(INL)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to the European Qualification Framework for lifelong learning,
Amendment 18 #
2023/2051(INL)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
– having regard to the Council recommendation of 26 November 2018 on promoting automatic mutual recognition of higher education and upper secondary education and training qualifications and the outcomes of learning periods abroad,
Amendment 18 #
2023/2051(INL)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
– having regard to the Council recommendation of 26 November 2018 on promoting automatic mutual recognition of higher education and upper secondary education and training qualifications and the outcomes of learning periods abroad,
Amendment 30 #
2023/2051(INL)
Motion for a resolution
Citation 28
Citation 28
– having regard to relevant Union legal acts in the area of social policy, such as Directive 96/71/EC of the European Parliament and of the Council of 16 December 19962018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services1 , Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems2 1, Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time3 2, and Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union4 ,3, _________________ 1 OJ L 18, 21.1.1997, p. 1. 2 OJ L 166, 30.4.2004, p. 1. 3 OJ L 299, 18.11.2003, p. 9. 4 OJ L 186, 11.7.2019, p. 105.
Amendment 30 #
2023/2051(INL)
Motion for a resolution
Citation 28
Citation 28
– having regard to relevant Union legal acts in the area of social policy, such as Directive 96/71/EC of the European Parliament and of the Council of 16 December 19962018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services1 , Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems2 1, Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time3 2, and Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union4 ,3, _________________ 1 OJ L 18, 21.1.1997, p. 1. 2 OJ L 166, 30.4.2004, p. 1. 3 OJ L 299, 18.11.2003, p. 9. 4 OJ L 186, 11.7.2019, p. 105.
Amendment 32 #
2023/2051(INL)
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
– having regard to the Directive 2019/11598 on Work life balance for parents and carers,
Amendment 32 #
2023/2051(INL)
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
– having regard to the Directive 2019/11598 on Work life balance for parents and carers,
Amendment 33 #
2023/2051(INL)
Motion for a resolution
Citation 28 b (new)
Citation 28 b (new)
– having regard to the EU strategic framework on health and safety at work 2021-2027 and the Parliament Report on a new EU strategic framework on health and safety at work post 2020 (including a better protection of workers from exposure to harmful substances, stress at work and repetitive motion injuries) (2021/2165(INI)),
Amendment 33 #
2023/2051(INL)
Motion for a resolution
Citation 28 b (new)
Citation 28 b (new)
– having regard to the EU strategic framework on health and safety at work 2021-2027 and the Parliament Report on a new EU strategic framework on health and safety at work post 2020 (including a better protection of workers from exposure to harmful substances, stress at work and repetitive motion injuries) (2021/2165(INI)),
Amendment 34 #
2023/2051(INL)
Motion for a resolution
Citation 28 c (new)
Citation 28 c (new)
– having regard to the Directive (EU) 2023/970 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms,
Amendment 34 #
2023/2051(INL)
Motion for a resolution
Citation 28 c (new)
Citation 28 c (new)
– having regard to the Directive (EU) 2023/970 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms,
Amendment 35 #
2023/2051(INL)
Motion for a resolution
Citation 28 d (new)
Citation 28 d (new)
– having regard to the Parliament resolution on the introduction of an European Social Security number with a personal labour card (2021/2620(RSP)),
Amendment 35 #
2023/2051(INL)
Motion for a resolution
Citation 28 d (new)
Citation 28 d (new)
– having regard to the Parliament resolution on the introduction of an European Social Security number with a personal labour card (2021/2620(RSP)),
Amendment 42 #
2023/2051(INL)
Motion for a resolution
Citation 46 a (new)
Citation 46 a (new)
– whereas the cultural and creative sector (‘CSS professionals’), together with artists, represents a strategic sector for the realization of the European integration process in uniting our societies in a common future; whereas its relevant economic impact, representing 4.2 % of EU GDP, also acts as a sustainable growth enabler in different sectors, including tourism;
Amendment 42 #
2023/2051(INL)
Motion for a resolution
Citation 46 a (new)
Citation 46 a (new)
– whereas the cultural and creative sector (‘CSS professionals’), together with artists, represents a strategic sector for the realization of the European integration process in uniting our societies in a common future; whereas its relevant economic impact, representing 4.2 % of EU GDP, also acts as a sustainable growth enabler in different sectors, including tourism;
Amendment 55 #
2023/2051(INL)
Motion for a resolution
Recital A
Recital A
A. whereas cultural and creative expressions and works are often the result of the essential contributions of persons working in the cultural and creative sectors (‘CCS professionals’) in different functions, roles and capacities, ranging from creative input to technical support; whereas the existence of such expressions and works depends, thus, on whether all CCS professionals receive adequate recognition and support; whereas 7.4 million people were in cultural employment across the Member States in 2021, amounting to 3.7% of total employment12a; _________________ 12a Eurostat
Amendment 55 #
2023/2051(INL)
Motion for a resolution
Recital A
Recital A
A. whereas cultural and creative expressions and works are often the result of the essential contributions of persons working in the cultural and creative sectors (‘CCS professionals’) in different functions, roles and capacities, ranging from creative input to technical support; whereas the existence of such expressions and works depends, thus, on whether all CCS professionals receive adequate recognition and support; whereas 7.4 million people were in cultural employment across the Member States in 2021, amounting to 3.7% of total employment12a; _________________ 12a Eurostat
Amendment 59 #
2023/2051(INL)
Motion for a resolution
Recital A
Recital A
A. whereas cultural and creative expressions and works are often the result of the essential contributions of persons working in the cultural and creative sectors (‘CCS professionals’) in different functions, roles and capacities, ranging from creative input to technical support; whereas the existence of such expressions and works depends, thus, on whether all CCS professionals receive adequate recognition and support;
Amendment 59 #
2023/2051(INL)
Motion for a resolution
Recital A
Recital A
A. whereas cultural and creative expressions and works are often the result of the essential contributions of persons working in the cultural and creative sectors (‘CCS professionals’) in different functions, roles and capacities, ranging from creative input to technical support; whereas the existence of such expressions and works depends, thus, on whether all CCS professionals receive adequate recognition and support;
Amendment 62 #
2023/2051(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas artistic activities can be pursued as an amateur or as a professional, increasing competition in an already highly competitive environment; whereas the legal distinction between them is not always clearly established and can differ in national legislations and national practices;
Amendment 62 #
2023/2051(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas artistic activities can be pursued as an amateur or as a professional, increasing competition in an already highly competitive environment; whereas the legal distinction between them is not always clearly established and can differ in national legislations and national practices;
Amendment 78 #
2023/2051(INL)
Motion for a resolution
Recital C
Recital C
C. whereas more than double the number of CCS professionals is self- employed than in the general population (32 % compared to 14 %) and CCS professionals are less likely to have a permanent job, to be employed, work full time or have one job than the average working person; whereas CCS professionals tend to have project-based careers and a high degree of mobility;
Amendment 78 #
2023/2051(INL)
Motion for a resolution
Recital C
Recital C
C. whereas more than double the number of CCS professionals is self- employed than in the general population (32 % compared to 14 %) and CCS professionals are less likely to have a permanent job, to be employed, work full time or have one job than the average working person; whereas CCS professionals tend to have project-based careers and a high degree of mobility;
Amendment 82 #
2023/2051(INL)
Motion for a resolution
Recital D
Recital D
D. whereas these atypical working arrangements, often interrupted or accompanied by significant periods of non-remunerated time spent on artistic research or rehearsing, severely limit the effective access of CCS professionals to social protection, and their access to relevant entitlementss social security contributions remain sporadic; whereas, as a consequence, their access to relevant entitlement, including working hours and overtime rates, as well as leave entitlements, in particular annual and sick leave and familial and care leaves, unemployment benefits and access to childcare, is often limited; whereas, even when coverage is available on a voluntary basis, self- employed CCS professionals have a low coverage rate; whereas this situation is aggravated by existing employment relations being misclassified as self-employment;
Amendment 82 #
2023/2051(INL)
Motion for a resolution
Recital D
Recital D
D. whereas these atypical working arrangements, often interrupted or accompanied by significant periods of non-remunerated time spent on artistic research or rehearsing, severely limit the effective access of CCS professionals to social protection, and their access to relevant entitlementss social security contributions remain sporadic; whereas, as a consequence, their access to relevant entitlement, including working hours and overtime rates, as well as leave entitlements, in particular annual and sick leave and familial and care leaves, unemployment benefits and access to childcare, is often limited; whereas, even when coverage is available on a voluntary basis, self- employed CCS professionals have a low coverage rate; whereas this situation is aggravated by existing employment relations being misclassified as self-employment;
Amendment 87 #
2023/2051(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas CCS comprise mainly micro, small and medium-sized enterprises with limited access to the financial market as well as to the financial resources and funding;
Amendment 87 #
2023/2051(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas CCS comprise mainly micro, small and medium-sized enterprises with limited access to the financial market as well as to the financial resources and funding;
Amendment 88 #
2023/2051(INL)
Motion for a resolution
Recital E
Recital E
E. whereas career sustainability in the cultural and creative sectors is challenging and career prospects tend to worsen with ageprogression and career sustainability in the CCS are often dependent on socio-economic characteristics and conditioned by age, gender, race, disability and class; whereas mid-career CCS workers, disabled workers, workers from minorities ethnic groups and from working-class backgrounds may face worse job quality conditions; whereas career sustainability in the cultural and creative sectors is challenging and career prospects tend to worsen with age; whereas specifically workers of older age in the CCS may be forced into self-employment because of their age, putting them at higher risk of precariousness;
Amendment 88 #
2023/2051(INL)
Motion for a resolution
Recital E
Recital E
E. whereas career sustainability in the cultural and creative sectors is challenging and career prospects tend to worsen with ageprogression and career sustainability in the CCS are often dependent on socio-economic characteristics and conditioned by age, gender, race, disability and class; whereas mid-career CCS workers, disabled workers, workers from minorities ethnic groups and from working-class backgrounds may face worse job quality conditions; whereas career sustainability in the cultural and creative sectors is challenging and career prospects tend to worsen with age; whereas specifically workers of older age in the CCS may be forced into self-employment because of their age, putting them at higher risk of precariousness;
Amendment 90 #
2023/2051(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas CCS professionals have been hit hard by the COVID-19 pandemic, which has exposed their precarious living and working conditions; whereas the CCS have not fully recovered from losses incurred during the pandemic, with an enduring impact on the livelihoods of the persons working in the sectors; whereas the COVID-19 crisis underlined the fragility of pre-existing organisational structures and working practices, in particular for vulnerable professionals with precarious employment status;
Amendment 90 #
2023/2051(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas CCS professionals have been hit hard by the COVID-19 pandemic, which has exposed their precarious living and working conditions; whereas the CCS have not fully recovered from losses incurred during the pandemic, with an enduring impact on the livelihoods of the persons working in the sectors; whereas the COVID-19 crisis underlined the fragility of pre-existing organisational structures and working practices, in particular for vulnerable professionals with precarious employment status;
Amendment 94 #
2023/2051(INL)
Motion for a resolution
Recital F
Recital F
F. whereas CCS professionals tend to have low retirement savings as a result of the atypical and sometime precarious nature of their work; whereas artists may continue practicing beyond the official retirement age;
Amendment 94 #
2023/2051(INL)
Motion for a resolution
Recital F
Recital F
F. whereas CCS professionals tend to have low retirement savings as a result of the atypical and sometime precarious nature of their work; whereas artists may continue practicing beyond the official retirement age;
Amendment 102 #
2023/2051(INL)
Motion for a resolution
Recital G
Recital G
G. whereas the limited collective bargaining practices in the cultural and creative sectors15 in several Member States contribute to poor job quality, low income and limited access to social protection; whereas trade unions face challenges in organizing CCS workers due to intermittent work patterns, changing work places, the combination of professional activities and in view of the higher number of self-employed professionals in the sector; _________________ 15 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 102 #
2023/2051(INL)
Motion for a resolution
Recital G
Recital G
G. whereas the limited collective bargaining practices in the cultural and creative sectors15 in several Member States contribute to poor job quality, low income and limited access to social protection; whereas trade unions face challenges in organizing CCS workers due to intermittent work patterns, changing work places, the combination of professional activities and in view of the higher number of self-employed professionals in the sector; _________________ 15 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 104 #
2023/2051(INL)
Motion for a resolution
Recital G
Recital G
G. whereas the limited collective bargaining practicescoverage in the cultural and creative sectors15 in several Member States contribute to poor job quality, low incomewages and limited access to social protection; _________________ 15 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 104 #
2023/2051(INL)
Motion for a resolution
Recital G
Recital G
G. whereas the limited collective bargaining practicescoverage in the cultural and creative sectors15 in several Member States contribute to poor job quality, low incomewages and limited access to social protection; _________________ 15 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 107 #
2023/2051(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas women are in a minority when it comes to holding managerial and leadership positions14a; whereas women on average earn less than their male counterparts15a and often have comparatively shorter careers, especially in the audiovisual sector, and insufficient work-life balance opportunities; _________________ 14a http://www.womarts.eu/upload/01-LI- WOMART-1-20-6.pdf , p. 34 and s. 15a https://ec.europa.eu/eurostat/databrowser/ view/EARN_GR_GPGR2__custom_63504 17/default/table?lang=en [PMMR1]PAG. 60 https://www.ilo.org/wcmsp5/groups/public /---ed_dialogue/--- sector/documents/publication/wcms_8653 23.pdf
Amendment 107 #
2023/2051(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas women are in a minority when it comes to holding managerial and leadership positions14a; whereas women on average earn less than their male counterparts15a and often have comparatively shorter careers, especially in the audiovisual sector, and insufficient work-life balance opportunities; _________________ 14a http://www.womarts.eu/upload/01-LI- WOMART-1-20-6.pdf , p. 34 and s. 15a https://ec.europa.eu/eurostat/databrowser/ view/EARN_GR_GPGR2__custom_63504 17/default/table?lang=en [PMMR1]PAG. 60 https://www.ilo.org/wcmsp5/groups/public /---ed_dialogue/--- sector/documents/publication/wcms_8653 23.pdf
Amendment 108 #
2023/2051(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas collective agreements should guarantee fair and adequate wages reflecting the effective level of education, skills and competences and professional experiences;
Amendment 108 #
2023/2051(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas collective agreements should guarantee fair and adequate wages reflecting the effective level of education, skills and competences and professional experiences;
Amendment 110 #
2023/2051(INL)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the new challenges faced by the sector, such as digitalisation, artificial intelligence and new skills development should be reflected in modern and effective collective bargaining systems;
Amendment 110 #
2023/2051(INL)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the new challenges faced by the sector, such as digitalisation, artificial intelligence and new skills development should be reflected in modern and effective collective bargaining systems;
Amendment 111 #
2023/2051(INL)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas the CCS has a high percentage of partially or fully undeclared work that excludes workers from the protection of labour law and excludes them from the coverage of social security in case of disease, work accident and unemployment and constitutes an attempt against fundamental human rights and especially, decent working and life conditions and foments distributive injustice; whereas undeclared work obstructs sustainable growth oriented policies, damages the Member States through lack of revenues, creating serious risks for the sustainability of the European social model, and fosters unfair competition with a high risk of submersion, where compliant enterprises are induced to lower their working standards to face competitors, passing from the declared to the undeclared economy;
Amendment 111 #
2023/2051(INL)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas the CCS has a high percentage of partially or fully undeclared work that excludes workers from the protection of labour law and excludes them from the coverage of social security in case of disease, work accident and unemployment and constitutes an attempt against fundamental human rights and especially, decent working and life conditions and foments distributive injustice; whereas undeclared work obstructs sustainable growth oriented policies, damages the Member States through lack of revenues, creating serious risks for the sustainability of the European social model, and fosters unfair competition with a high risk of submersion, where compliant enterprises are induced to lower their working standards to face competitors, passing from the declared to the undeclared economy;
Amendment 113 #
2023/2051(INL)
Motion for a resolution
Recital H
Recital H
H. whereas sexual harassment in the cultural and creative sectors is three times higher16 than in the average workforce; whereas women suffer disproportionally from harassment and abuse, also online; whereas this entails the risk of self- censorship, which negatively impacts the type of artistic expressions women produce, curtails their freedom of expression and their career progression; _________________ 16 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 113 #
2023/2051(INL)
Motion for a resolution
Recital H
Recital H
H. whereas sexual harassment in the cultural and creative sectors is three times higher16 than in the average workforce; whereas women suffer disproportionally from harassment and abuse, also online; whereas this entails the risk of self- censorship, which negatively impacts the type of artistic expressions women produce, curtails their freedom of expression and their career progression; _________________ 16 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 114 #
2023/2051(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas as a result of poor working conditions, young professionals may not consider accessing the sector or abandon their careers early on, increasing the risk of a lack of a generational replacement in the cultural and creative sectors;
Amendment 114 #
2023/2051(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas as a result of poor working conditions, young professionals may not consider accessing the sector or abandon their careers early on, increasing the risk of a lack of a generational replacement in the cultural and creative sectors;
Amendment 116 #
2023/2051(INL)
Motion for a resolution
Recital I
Recital I
I. whereas there is no specific legal status in a number of Member States for any categories of CCS professionals; whereas a number of Member States are in the process of updating their legal framework in order to protect the rights of CCS professionals by taking into account the specificities of the cultural and creative sectors; whereas several Member States have included in their recovery and resilience plans legislative reforms to improve the working conditions of artists and cultural workers;
Amendment 116 #
2023/2051(INL)
Motion for a resolution
Recital I
Recital I
I. whereas there is no specific legal status in a number of Member States for any categories of CCS professionals; whereas a number of Member States are in the process of updating their legal framework in order to protect the rights of CCS professionals by taking into account the specificities of the cultural and creative sectors; whereas several Member States have included in their recovery and resilience plans legislative reforms to improve the working conditions of artists and cultural workers;
Amendment 124 #
2023/2051(INL)
Motion for a resolution
Recital J
Recital J
J. whereas mobility is an important element of professional artistic activity and career development and contributes to increasing income and reducing precariousness; whereas artists frequently move between Member States; whereas artistic mobility entails specific challenges, in particular in relation to social protection and taxation, which require specific measures; whereas the high level of mobility can also be conducive to undeclared work[17a];
Amendment 124 #
2023/2051(INL)
Motion for a resolution
Recital J
Recital J
J. whereas mobility is an important element of professional artistic activity and career development and contributes to increasing income and reducing precariousness; whereas artists frequently move between Member States; whereas artistic mobility entails specific challenges, in particular in relation to social protection and taxation, which require specific measures; whereas the high level of mobility can also be conducive to undeclared work[17a];
Amendment 133 #
2023/2051(INL)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas artistic productions frequently involve not only European but also third-country CCS professionals whose mobility can be restricted by difficulties in obtaining medium-term visas;
Amendment 133 #
2023/2051(INL)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas artistic productions frequently involve not only European but also third-country CCS professionals whose mobility can be restricted by difficulties in obtaining medium-term visas;
Amendment 137 #
2023/2051(INL)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the fast pace of digital transformation, accelerated during the COVID-19 pandemic, and the increasing use of artificial intelligence (AI) tools have resulted in the displacement of workers and job losses, a loss of control over their work, while at the same time contributing to the dynamism of the sectors and their transformation;
Amendment 137 #
2023/2051(INL)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the fast pace of digital transformation, accelerated during the COVID-19 pandemic, and the increasing use of artificial intelligence (AI) tools have resulted in the displacement of workers and job losses, a loss of control over their work, while at the same time contributing to the dynamism of the sectors and their transformation;
Amendment 143 #
2023/2051(INL)
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas the Stuttgart Declaration reflects a united European vision, whereby leaders expressed their will to work together towards a common destiny and the wish to affirm European identity and to progress towards an ever closer union among its peoples; whereas the Declaration sees the role of culture as an important component to achieve this goal;
Amendment 143 #
2023/2051(INL)
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas the Stuttgart Declaration reflects a united European vision, whereby leaders expressed their will to work together towards a common destiny and the wish to affirm European identity and to progress towards an ever closer union among its peoples; whereas the Declaration sees the role of culture as an important component to achieve this goal;
Amendment 155 #
2023/2051(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the arts, the broader cultural and creative sectors, entertainment and sports play a fundamental role in human flourishing and in Europe’s social cohesion and economy; underlines that CCS professionals are key to the process of European integration and their work contributes towards building the identity of the peoples of Europe, promoting European cultural diversity and universal dialogue; believes, therefore, that working towards the full recovery and strengthening of the sectors, as well as better terms and conditions for CCS professionals in the sector, is of paramount importance;
Amendment 155 #
2023/2051(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the arts, the broader cultural and creative sectors, entertainment and sports play a fundamental role in human flourishing and in Europe’s social cohesion and economy; underlines that CCS professionals are key to the process of European integration and their work contributes towards building the identity of the peoples of Europe, promoting European cultural diversity and universal dialogue; believes, therefore, that working towards the full recovery and strengthening of the sectors, as well as better terms and conditions for CCS professionals in the sector, is of paramount importance;
Amendment 160 #
2023/2051(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the responsibility of the Union, pursuant Article 167 TFEU, in contributing to the flowering of the cultures of the Member States and, pursuant Article 3 TEU, in safeguarding and enhancing Europe’s cultural heritage; considers that historically European cultural heritage has acted as a pole of attraction and influence worldwide, yet reclaiming this leading role requires significant investment in the cultural and creative sectors and policies strengthening them;
Amendment 160 #
2023/2051(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the responsibility of the Union, pursuant Article 167 TFEU, in contributing to the flowering of the cultures of the Member States and, pursuant Article 3 TEU, in safeguarding and enhancing Europe’s cultural heritage; considers that historically European cultural heritage has acted as a pole of attraction and influence worldwide, yet reclaiming this leading role requires significant investment in the cultural and creative sectors and policies strengthening them;
Amendment 166 #
2023/2051(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 166 #
2023/2051(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 167 #
2023/2051(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to strive to implement the 1980 UNESCO Recommendation concerning the Status of the Artists, to which they are all signatories; notes that the subsequent implementation reports of the Recommendation show that more needs to be done to comply with the recommendation; considers that changes in the last four decades, in particular those due to digitalisation, require Member States to adapt their actions continuously in order to fulfil their obligations;
Amendment 167 #
2023/2051(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to strive to implement the 1980 UNESCO Recommendation concerning the Status of the Artists, to which they are all signatories; notes that the subsequent implementation reports of the Recommendation show that more needs to be done to comply with the recommendation; considers that changes in the last four decades, in particular those due to digitalisation, require Member States to adapt their actions continuously in order to fulfil their obligations;
Amendment 168 #
2023/2051(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to adopt a Recommendation based on the principles of 1980 UNESCO Recommendation concerning the Status of the Artist, to protect artists and workers in CCS, taking into consideration all the changes in the last four decades, in particular those connected to digitalisation, artificial intelligence and new forms of works in order to face both old and emerging challenges and to establish a complete, solid and consistent framework of rights valuable and effective for the present and the near future;
Amendment 168 #
2023/2051(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to adopt a Recommendation based on the principles of 1980 UNESCO Recommendation concerning the Status of the Artist, to protect artists and workers in CCS, taking into consideration all the changes in the last four decades, in particular those connected to digitalisation, artificial intelligence and new forms of works in order to face both old and emerging challenges and to establish a complete, solid and consistent framework of rights valuable and effective for the present and the near future;
Amendment 176 #
2023/2051(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the Member States that have not yet introduced a specific status for artists and other CCS professionals to do so; calls on those Member States which have an ‘artist status’ in place to monitor its adequacy and review it where necessary, with the support of the Commission, with the aim of providing access to adequate social protection complying with minimum standards in line with the Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (2019/C 387/01); calls on those Member States which have an ‘artist status’ in place to monitor its adequacy and review it where necessary in the same light, ensuring the coverage of all CCS professionals, and in particular the self-employed, and adjusting it to the new challenges brought by digitalisation and the recent health crisis; praises those Member States that have in recent years carried out such a review and adaptation;
Amendment 176 #
2023/2051(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the Member States that have not yet introduced a specific status for artists and other CCS professionals to do so; calls on those Member States which have an ‘artist status’ in place to monitor its adequacy and review it where necessary, with the support of the Commission, with the aim of providing access to adequate social protection complying with minimum standards in line with the Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (2019/C 387/01); calls on those Member States which have an ‘artist status’ in place to monitor its adequacy and review it where necessary in the same light, ensuring the coverage of all CCS professionals, and in particular the self-employed, and adjusting it to the new challenges brought by digitalisation and the recent health crisis; praises those Member States that have in recent years carried out such a review and adaptation;
Amendment 182 #
2023/2051(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to support cultural cooperatives and their networks so that they can have uniform legislation and ensure high standards of transparency, active participation and protection of artists throughout Europe; underlines the need to support an anthropocentric approach to innovation and in particular those related to artificial intelligence in order to make human being as source and beneficiary of the technological innovations;
Amendment 182 #
2023/2051(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to support cultural cooperatives and their networks so that they can have uniform legislation and ensure high standards of transparency, active participation and protection of artists throughout Europe; underlines the need to support an anthropocentric approach to innovation and in particular those related to artificial intelligence in order to make human being as source and beneficiary of the technological innovations;
Amendment 184 #
2023/2051(INL)
Motion for a resolution
Subheading 3
Subheading 3
Access to social security and decent working conditions
Amendment 184 #
2023/2051(INL)
Motion for a resolution
Subheading 3
Subheading 3
Access to social security and decent working conditions
Amendment 186 #
2023/2051(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned about the sustainability of the livelihood of CCS professionals in a number of Member States; reaffirms its position that CCS professionals and workers, regardless of their employment status, should have effective access to adequate standards of social security, for unemployment, sickness and healthcare, maternity or paternity, accidents at work and occupational diseases, disability and old age; believes that reinforced action at Union level is needed in that regard, in particular with regarto allow non-standard workers and tohe self-employed CCS professionalto adhere to social security schemes, to take measures allowing them to build up and take up adequate social benefits as members of a scheme and facilitating the transfer of social security benefits between schemes both at national and at European level as well as increase transparency regarding social security systems and rights;
Amendment 186 #
2023/2051(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned about the sustainability of the livelihood of CCS professionals in a number of Member States; reaffirms its position that CCS professionals and workers, regardless of their employment status, should have effective access to adequate standards of social security, for unemployment, sickness and healthcare, maternity or paternity, accidents at work and occupational diseases, disability and old age; believes that reinforced action at Union level is needed in that regard, in particular with regarto allow non-standard workers and tohe self-employed CCS professionalto adhere to social security schemes, to take measures allowing them to build up and take up adequate social benefits as members of a scheme and facilitating the transfer of social security benefits between schemes both at national and at European level as well as increase transparency regarding social security systems and rights;
Amendment 188 #
2023/2051(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned about the sustainability of the livelihood of CCS professionals in a number of Member States; reaffirms its position that CCS professionals within the EU should have effective access to minimum standards of social security, including employment and health insurance and pension funds according to applicable law; believes that reinforced action at Union level is needed in that regard, in particular with regard to self-employed CCS professionals;
Amendment 188 #
2023/2051(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned about the sustainability of the livelihood of CCS professionals in a number of Member States; reaffirms its position that CCS professionals within the EU should have effective access to minimum standards of social security, including employment and health insurance and pension funds according to applicable law; believes that reinforced action at Union level is needed in that regard, in particular with regard to self-employed CCS professionals;
Amendment 194 #
2023/2051(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that, in view of atypical work patterns in cultural and creative careers and the ensuing challenges, common throughout the Union, in accessing social protection for CCS professionals and in view of the high cross- border mobility of CCS professionals, a targeted legal act at Union level is needed to promote access to comprehensive and adequate social protection systems for all CCS professionals; insists on the need for preserving, accumulating and/or transferring rights across schemes to allow CCS professionals, who frequently combine or change jobs or pass between worker and self-employed status, to effectively access benefits, including unemployment benefits, in contribution- based social protection schemes and to have adequate coverage, as well as to facilitate their participation in the case of voluntary social protection schemes; affirms that the right to an appropriate and proportionate remuneration derived from copyright and related rights must be compatible with social protection systems, in particular access to contributory pension, as creative careers are not limited by age;
Amendment 194 #
2023/2051(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that, in view of atypical work patterns in cultural and creative careers and the ensuing challenges, common throughout the Union, in accessing social protection for CCS professionals and in view of the high cross- border mobility of CCS professionals, a targeted legal act at Union level is needed to promote access to comprehensive and adequate social protection systems for all CCS professionals; insists on the need for preserving, accumulating and/or transferring rights across schemes to allow CCS professionals, who frequently combine or change jobs or pass between worker and self-employed status, to effectively access benefits, including unemployment benefits, in contribution- based social protection schemes and to have adequate coverage, as well as to facilitate their participation in the case of voluntary social protection schemes; affirms that the right to an appropriate and proportionate remuneration derived from copyright and related rights must be compatible with social protection systems, in particular access to contributory pension, as creative careers are not limited by age;
Amendment 204 #
2023/2051(INL)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Employment status and decent working conditions
Amendment 204 #
2023/2051(INL)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Employment status and decent working conditions
Amendment 207 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to correctly determine the employment status of people working in the CCS that corresponds to their actual work arrangements, to avoid abuse, exploitation and bogus self-employment;
Amendment 207 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to correctly determine the employment status of people working in the CCS that corresponds to their actual work arrangements, to avoid abuse, exploitation and bogus self-employment;
Amendment 208 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that those being reclassified as workers are covered by the EU labour law acquis as well as national labour law and amongst others have the right to a minimum wage, collective bargaining, working time and health protection, the right to paid leave and improved access to protection against work accidents, unemployment and sickness benefits, as well as contributory old-age pensions;
Amendment 208 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that those being reclassified as workers are covered by the EU labour law acquis as well as national labour law and amongst others have the right to a minimum wage, collective bargaining, working time and health protection, the right to paid leave and improved access to protection against work accidents, unemployment and sickness benefits, as well as contributory old-age pensions;
Amendment 209 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on Member States to strengthening the action of labour enforcement authorities and to implement the ILO Convention No. 81 on the Inspection of Labour in Industry and Commerce;
Amendment 209 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on Member States to strengthening the action of labour enforcement authorities and to implement the ILO Convention No. 81 on the Inspection of Labour in Industry and Commerce;
Amendment 210 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Stresses that a well-functioning social dialogue both at national and EU level, and high levels of collective bargaining coverage as well as high levels of affiliation to both the employer associations and trade unions ensure decent working conditions and fair and adequate wages;
Amendment 210 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Stresses that a well-functioning social dialogue both at national and EU level, and high levels of collective bargaining coverage as well as high levels of affiliation to both the employer associations and trade unions ensure decent working conditions and fair and adequate wages;
Amendment 211 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on Member States to integrate the different types and forms of cultural, creative and artistic work, thus including cultural heritage and cultural productions, as well as work in simplified and innovative organisational forms of cooperation, self-management and organisation, community cooperatives between artists and performing art professionals, the public and local authorities.
Amendment 211 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on Member States to integrate the different types and forms of cultural, creative and artistic work, thus including cultural heritage and cultural productions, as well as work in simplified and innovative organisational forms of cooperation, self-management and organisation, community cooperatives between artists and performing art professionals, the public and local authorities.
Amendment 213 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Stresses the importance of ensuring the portability of rights in social protection systems between Member States in ensuring full access to social security for CCS professionals. Regulation (EC) No 883/2004 makes it easier for citizens and workers to exercise their right to move freely in the EU for study or for professional reasons and guarantees that they are not disadvantaged in terms of social security; therefore, stresses the need to reach an agreement between European Council and the Parliament and adopt the Regulation;
Amendment 213 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Stresses the importance of ensuring the portability of rights in social protection systems between Member States in ensuring full access to social security for CCS professionals. Regulation (EC) No 883/2004 makes it easier for citizens and workers to exercise their right to move freely in the EU for study or for professional reasons and guarantees that they are not disadvantaged in terms of social security; therefore, stresses the need to reach an agreement between European Council and the Parliament and adopt the Regulation;
Amendment 214 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that ensuring smooth coordination and portability of rights across the social protection systems between Member States is important to ensure effective access to social protection for CCS professionals who show a high degree of labour mobility;
Amendment 214 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that ensuring smooth coordination and portability of rights across the social protection systems between Member States is important to ensure effective access to social protection for CCS professionals who show a high degree of labour mobility;
Amendment 220 #
2023/2051(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that the European Parliament has called on the Commission on several occasions since 2014 to present a legislative proposal for a European social security pass initiative, which could ensure effective identification, traceability, aggregation and portability of rights, labour mobility and social security coordination in the labour market in a fair and effective way to ensure a level playing field for EU companies; underlines that a quick verification of insurance status and contributions can help combat exploitation, wage dumping, fraud and abuse of social security benefits and enable labour inspectorates and social partners to verify compliance, via cross-referencing between databases, and better prevent social fraud in relation to issues such as abusive subcontracting, bogus self-employment, undeclared work and non-payment of social security contributions;
Amendment 220 #
2023/2051(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that the European Parliament has called on the Commission on several occasions since 2014 to present a legislative proposal for a European social security pass initiative, which could ensure effective identification, traceability, aggregation and portability of rights, labour mobility and social security coordination in the labour market in a fair and effective way to ensure a level playing field for EU companies; underlines that a quick verification of insurance status and contributions can help combat exploitation, wage dumping, fraud and abuse of social security benefits and enable labour inspectorates and social partners to verify compliance, via cross-referencing between databases, and better prevent social fraud in relation to issues such as abusive subcontracting, bogus self-employment, undeclared work and non-payment of social security contributions;
Amendment 223 #
2023/2051(INL)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Acknowledges the role of the European Labour Authority (ELA) in carrying out concerted and joint inspections in order to improve the capabilities of Member States to ensure the protection of persons exercising their right to free movement and to combat irregularities of a cross-border nature on workers;
Amendment 223 #
2023/2051(INL)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Acknowledges the role of the European Labour Authority (ELA) in carrying out concerted and joint inspections in order to improve the capabilities of Member States to ensure the protection of persons exercising their right to free movement and to combat irregularities of a cross-border nature on workers;
Amendment 225 #
2023/2051(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages the Member States to set up new or strengthen existing mobility information points that help CCS professionals gather all relevant sectoral information concerning their working conditions, mobility, unemployment benefits, health insurance and pension rights;
Amendment 225 #
2023/2051(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages the Member States to set up new or strengthen existing mobility information points that help CCS professionals gather all relevant sectoral information concerning their working conditions, mobility, unemployment benefits, health insurance and pension rights;
Amendment 227 #
2023/2051(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that promoting information on social security coordination rules in Europe on cross- border mobility of artists at EU level through guidelines and information desks, is necessary and useful for CCS professionals; notes, however, that even with this support, navigating the different systems in place remains challenging, in particular for the self-employed;
Amendment 227 #
2023/2051(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that promoting information on social security coordination rules in Europe on cross- border mobility of artists at EU level through guidelines and information desks, is necessary and useful for CCS professionals; notes, however, that even with this support, navigating the different systems in place remains challenging, in particular for the self-employed;
Amendment 229 #
2023/2051(INL)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Notes that automated information exchange through the electronic exchange of social security information (EESSI) aims to allow mobile professionals to work in Europe seamlessly; believes this tool bears great potential for CCS professionals; asks the Commission to ensure that EESSI is adapted to the specificities of work in the cultural and creative sectors; calls for testing the pilot project on a European Social Security Pass in the cultural and creative sectors, adapting and making it fit for the specificities of the sectors and the particular needs of the self-employed;
Amendment 229 #
2023/2051(INL)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Notes that automated information exchange through the electronic exchange of social security information (EESSI) aims to allow mobile professionals to work in Europe seamlessly; believes this tool bears great potential for CCS professionals; asks the Commission to ensure that EESSI is adapted to the specificities of work in the cultural and creative sectors; calls for testing the pilot project on a European Social Security Pass in the cultural and creative sectors, adapting and making it fit for the specificities of the sectors and the particular needs of the self-employed;
Amendment 230 #
Amendment 230 #
Amendment 232 #
2023/2051(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is concerned by the fact that the cultural and creative sectors are considered low-wage sectors, with 38 % of CCS professionals in the lowest three wage deciles18 ; recalls the right of all workers to fair wagesadequate and fair wages that reflect the effective level of education, competences and professional experiences and that provide for a decent standard of living and welcomes the recent adoption of Directive (EU) 2022/2041 of the European Parliament and of the Council19 ; calls on the Member States to transpose that Directive swiftly, with particular consideration for the cultural and creative sectors; _________________ 18 Eurofound Labour Force Survey 19 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).
Amendment 232 #
2023/2051(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is concerned by the fact that the cultural and creative sectors are considered low-wage sectors, with 38 % of CCS professionals in the lowest three wage deciles18 ; recalls the right of all workers to fair wagesadequate and fair wages that reflect the effective level of education, competences and professional experiences and that provide for a decent standard of living and welcomes the recent adoption of Directive (EU) 2022/2041 of the European Parliament and of the Council19 ; calls on the Member States to transpose that Directive swiftly, with particular consideration for the cultural and creative sectors; _________________ 18 Eurofound Labour Force Survey 19 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).
Amendment 240 #
2023/2051(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Deplores the practice of offering payment for cultural and creative work in the form of exposure;
Amendment 240 #
2023/2051(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Deplores the practice of offering payment for cultural and creative work in the form of exposure;
Amendment 245 #
2023/2051(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of copyright and related rights in the cultural and creative sectors and of properly implementing them, ensuring that every type of rightholder is fairly remunerated; calls for the meaningful transposition and enforcement of the Copyright Directive (2019/790/EU), aligned with its objectives; calls on the Commission to support the Member States in ensuring an appropriate and proportionate remuneration for artists and creators for the exploitation of their work, with appropriate mechanisms and through general and sector-specific dialogues, in line with EU legislation;
Amendment 245 #
2023/2051(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of copyright and related rights in the cultural and creative sectors and of properly implementing them, ensuring that every type of rightholder is fairly remunerated; calls for the meaningful transposition and enforcement of the Copyright Directive (2019/790/EU), aligned with its objectives; calls on the Commission to support the Member States in ensuring an appropriate and proportionate remuneration for artists and creators for the exploitation of their work, with appropriate mechanisms and through general and sector-specific dialogues, in line with EU legislation;
Amendment 262 #
2023/2051(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned by abusive and coercive practices that may result in uthe use of various forms of ‘buy-out’ contracts which can lead to an abusive and coercive practice circumventing EU rules and principles on fair remuneration and confair contractual relationships for CCS professionals; draws attention to issueming deep power imbalances between contracting parties is concerned by the increasing use of these contracts often placed under foreign jurisdictions in certain sectors; urges the Member States to ensure that the contractual arrangements in the cultural and creative sectors arelating more specifically to ‘buy-out’ contracts; requests the Commission to assess and closely monitor the situation in that regard in full compliance with Articles 18, 19 and 20 of the Copyright Directive, to enforce the rights of authors and performers in this regard; requests the Commission to assess and closely monitor the situation in that regard; requests the Commission to assess carefully the compatibility of ‘buy-out’ provisions, as well as provisions on choice of law and jurisdiction that often elude European rules, and the need to address these and any other harmful practices imposed on creators;
Amendment 262 #
2023/2051(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned by abusive and coercive practices that may result in uthe use of various forms of ‘buy-out’ contracts which can lead to an abusive and coercive practice circumventing EU rules and principles on fair remuneration and confair contractual relationships for CCS professionals; draws attention to issueming deep power imbalances between contracting parties is concerned by the increasing use of these contracts often placed under foreign jurisdictions in certain sectors; urges the Member States to ensure that the contractual arrangements in the cultural and creative sectors arelating more specifically to ‘buy-out’ contracts; requests the Commission to assess and closely monitor the situation in that regard in full compliance with Articles 18, 19 and 20 of the Copyright Directive, to enforce the rights of authors and performers in this regard; requests the Commission to assess and closely monitor the situation in that regard; requests the Commission to assess carefully the compatibility of ‘buy-out’ provisions, as well as provisions on choice of law and jurisdiction that often elude European rules, and the need to address these and any other harmful practices imposed on creators;
Amendment 282 #
2023/2051(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 291 #
2023/2051(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that gender equality is a pillar of cultural diversity and culture plays a key role in promoting social changes; calls on the Commission and the Member States to integrate the gender perspective to guarantee equal access to creation and production resources and equal pay;
Amendment 292 #
2023/2051(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. While recognising the particular working time arrangements common in the sectors, believes that safety and health in the workplace as well as work-life balance must be respected;
Amendment 294 #
2023/2051(INL)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Notes that greater transparency on pay levels would reveal gender discrimination in pay structures and allow workers, employers and social partners to take action to ensure the application of the right to equal pay for equal work or work of equal value; calls on Member States, in collaboration with the social partners, to strengthen binding pay transparency measures, such as the right to information on pay levels, reporting by companies and collective bargaining;
Amendment 295 #
2023/2051(INL)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Reiterates its call on the Member States to diversify the sources of support to the cultural and creative sectors, to refrain from financial cuts to existing funding and to increase their financial support to the sectors;
Amendment 296 #
2023/2051(INL)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Believes that public funders in the cultural and creative sectors have a responsibility to promote fair practices and calls for the integration of fair principles in their funding strategies; insists that all professional institutional engagements of CCS professionals should be fairly remunerated and job substitution through bogus volunteering should be tackled; calls on public funders at EU, national and regional level to introduce terms and conditions on the use of public funding to ensure fair remuneration and working conditions of CCS professionals, and to advance gender equality;
Amendment 297 #
Amendment 298 #
2023/2051(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that Union-funded projects in the cultural and creative sectors, such as Creative Europe, must comply with a set of fair work principles and practices for collaborationsntribute also to the implementation of the principles of the EPSR, increase of collective bargaining coverage and comply with the EU labour law in the cultural and creative sectors; asks the Commission to ensure that the next cycle of Union programmes in the cultural and creative sectors complies with such principles, in line with the European Pillar of Social Rights, including via the introduction of social conditionality, covering among others, the obligation to remunerate CCS professionals fairly for their work, including time devoted to research, rehearsals, preparation and application retroactively;
Amendment 299 #
2023/2051(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that Union-funded projects in the cultural and creative sectors, such as Creative Europe, must comply with a set of fair work principles and practices for collaborations in the cultural and creative sectors; asks the Commission to ensure that the next cycle of Union programmes in the cultural and creative sectors complies with such principles, in line with the European Pillar of Social Rights, including via the introduction of social conditionality, covering among others, the obligation to remunerate CCS professionals fairly for their work, including time devoted to research, rehearsals, preparation and application retroactively;
Amendment 305 #
2023/2051(INL)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and the Member States to strengthen the existing information points in order to make them easily accessible in all European languages, to systematically update them and to provide accompanying services for CCS workers who request them;
Amendment 307 #
2023/2051(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that sustainable public funding is fundamental to ensuring a healthy cultural and creative ecosystem; calls on the Commission to propose including in the European Semester a continuous review of the indicators on public spending for culture; asks the Member States to set a minimum spending target of 2 % of government public expenditure in the cultural and creative sectors;
Amendment 316 #
2023/2051(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that CCS professionals have the freedom and right to form and join trade unions and professional organisations to represent them and to participate in the formulation of cultural and employment policies; calls on the Member States to foster an effective social dialogue and guarantee the effective application of the right to collective bargaining in the cultural and creative sectors; calls on the Commission to reinforce social dialogue at Union level, ensuring that all cultural and creative sectors are represented;
Amendment 320 #
2023/2051(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that Member States’ collective bargaining coverage rates in the cultural and creative sectors vary significantly; considers that strong collective bargaining decisively contributes to ensuring adequate minimum wage protection and good working conditions; calls on the Commission and the Member States to ensure, with the involvement of social partners, an enabling environment f, fair remuneration, workers' rights, good working conditions, as well as provisions for training and professional development and health and safety protection of workers; calls on the Commission and the Member States to support collective bargaining and impove its coverage in the cultural and creative sectors;
Amendment 321 #
2023/2051(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that Member States’ collective bargaining coverage rates in the cultural and creative sectors vary significantly; considers that strong collective bargaining decisively contributes to ensuring adequate minimum wage protection and good working conditions; calls on the Commission and the Member States to ensure, with the involvement of social partners, an enabling environment for collective bargaining in the cultural and creative sectors; therefore, encourages the Commission and the Member States, along with social partners, to work towards reaching collective bargaining coverage of at least 80% by 2030, which should be also reflected in the cultural and creative sectors, and to review regularly progress towards reaching this target;
Amendment 330 #
2023/2051(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the publication by the Commission of the ‘Guidelines on application of Union competition law to collective agreements regarding working conditions of solo self-employed persons’; calls on national competition authorities to ensure the effective application of the Guidelines; calls on the Commission to monitor the applicationUnderlines that most solo self- employed persons in the CCS face difficulties in influencing their working conditions, as they work on their own and primarily rely on their own personal labour to make a living; notes that, even if they are not fully integrated into the business of their principal in the same way as workers, certain solo self- employed persons may not be entirely independent of their principal ofr the Guidelines by national competition authorities in order to ensure that they are applied consistently may lack sufficient bargaining power; stresses therefore that collective bargaining for solo self-employed is an effective tool to guarantee better working conditions, including pay;
Amendment 331 #
2023/2051(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the publication by the Commission of the ‘Guidelines on application of Union competition law to collective agreements regarding working conditions of solo self-employed persons’, including solo self-employed authors and performers, offering greater protection to creators and freelancers in the cultural and creative sectors; calls on national competition authorities to ensure the effective application of the Guidelines; calls on the Commission to monitor the application of the Guidelines by national competition authorities in order to ensure that they are applied consistently;
Amendment 335 #
2023/2051(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the social partners, to provide tailored information to CCS professionals, especially in case of cross- border mobility;
Amendment 336 #
2023/2051(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned by the increasingly limited space devoted to artistic education and sports in national curricula in primary and secondary education; notes with concern that financial barriers often hinder access to higher education in the arts for young people coming from a disadvantaged background; calls on Member States to ensure equitable access to artistic education, in particular higher education; asks the Commission to assess potential models to compensate artistic and cultural organisations offering free access for young persons under 18 years, including in this analysis the social return on investment of early exposure to culture;
Amendment 348 #
2023/2051(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is concerned by the lack of awareness of, and information provided to, students and young graduates entering the labour market on working practices and conditions, including an understanding of worker and self-employed status; invites the Commission to collect good practices on arts in education, training and skills development, and to coordinate better access to training modules, together with professional bodies and social partners;
Amendment 353 #
2023/2051(INL)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Insists on the importance of investing in lifelong learning for CCS professionals; stresses the importance of mobility at EU level for exchanging ideas and practices, promoting intercultural collaboration and enhancing career development, including training opportunities, in the cultural and creative sectors; believes that redoubled efforts are needed to strengthen and widen opportunities for educational and professional exchange at European level making those more inclusive; highlights in this regard the importance of initiatives such as Culture Moves Europe and ArtIST; urges the Member States and the EU to better map the training needs of CCS professionals and to coordinate better their culture, education and employment policies so that these address more adequately the particular challenges of the cultural and creative sectors;
Amendment 355 #
2023/2051(INL)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that the Erasmus+ programme has been the Union's most visible success in achieving the objectives of quality and inclusive education; recalls that the Erasmus+ programme enables people to acquire and improve knowledge and skills for their personal development and in preparing the Union to face the challenges of the green and digital transition;
Amendment 360 #
2023/2051(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is concerned by the lack of career transition support systems in place for artists and CCS professionals in need of retraining; when it is not possible to continue with their careers; believes this is of particular importance for professionals whose practice relies on their physical capacities, such as dancers, singers and musicians, and for professionals whose jobs are put at risk by the digital transition; calls on the Member States to invest in skills development programmes, technical and vocational education, technical and vocational training systems and lifelong learning schemes, allowing those interested to develop new skills either within or outside the cultural and creative sectors;
Amendment 365 #
2023/2051(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is concerned by the lack of career transition support systems in place for artists and CCS professionals in need of retraining; calls on the Member States to invest in skills development programmes, technical and vocational education, technical and vocational training systems and lifelong learning schemes, allowing those interestedartists, CCS professionals and workers to develop new skills either within or outside the cultural and creative sectors;
Amendment 368 #
2023/2051(INL)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the social partners and employers to promote training and skills development; calls on the European Commission to support cooperation between skills councils where these exist and the exchange of best practices between Member States;
Amendment 376 #
2023/2051(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that the cultural and creative sectors show a very high dependence rate from clients and above average exposure to intimidation and discrimination; with 86 % of unions in the entertainment industry expressing concern about sexual harassment occurring at work or in work- related environments1a; notes that, within the entertainment sector, the live entertainment and film/television production sub-sectors are particularly affected1b; urges the Member States to investigate scrupulously the reported cases, to raise awareness and to establish guidelines on harassment prevention through education and training; _________________ 1a Policy Brief on sexual harassment in the entertainment industry, ILO, 2020 1b https://www.ilo.org/wcmsp5/groups/public /@ed_dialogue/@actrav/documents/public ation/wcms_761947.pdf
Amendment 380 #
2023/2051(INL)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
Amendment 385 #
2023/2051(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to redouble their efforts to eradicate sexual harassment in the cultural and creative sectors and to ensure a safe and healthy work place; welcomes, in that regard, the Commission proposal for a directive on combating violence against women and domestic violence, and looks forward to its swift adoption; asks the Commission and the Member States to put in place incentive mechanisms and support structures for ensuring equitable careers, particularly for women, persons from disadvantaged backgrounds and belonging to minorities, including, when appropriate, through funding mechanisms;
Amendment 389 #
2023/2051(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Reiterates its call on the Member States and social partners to promote social dialogue on addressing the gender inequality by ensuring equal pay for work of equal value as well protecting work-life balance; encourages social partners to promote the inclusion of women and youth in their leadership and among the negotiators; calls on the Member States in this regard to swiftly transpose the Pay Transparency and Work- life balance Directives;
Amendment 392 #
2023/2051(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses the slow and inadequate progress in advancing inclusion of minority groups in CCS reflecting societal problems of exclusion and discrimination; call on the Commission and the Member States to adopt measures to support the inclusion of disadvantages groups and minorities;
Amendment 394 #
2023/2051(INL)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on the Member States to establish and fund independent structures where artists and CCS professionals can confidentially report unfair practices, such as abuse of power, harassment, bullying, and discrimination, obtain guidance and legal counselling;
Amendment 395 #
2023/2051(INL)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Underlines the importance of algorithmic accountability and algorithmic transparency to avoid unintended bias and discriminations in the CCS; calls on the Commission to adopt measures to ensure equal treatment and inclusion;
Amendment 397 #
2023/2051(INL)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Calls on the Member States to facilitate the establishment and funding of independent structures, in consultation with the social partners, where artists and CCS professionals can confidentially report unfair practices, such as abuse of power, harassment, bullying, and discrimination, obtain guidance and legal counselling;
Amendment 399 #
2023/2051(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Insists on the need to ensure freedom of artistic creation and expression throughout Europe; reiterates its call on the Commission to expand, as part of the rule of law reports, the chapter on monitoring media freedom and pluralism to cover all aspects of freedom of expression, including artistic and academic freedoms; calls on the Commission, as part of its review of the EU Democracy Action Plan implementation, to focus further, through appropriate initiatives, on promoting and defending the freedom of artists to create without censorship or intimidation;
Amendment 401 #
2023/2051(INL)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Notes that artistic freedom is closely linked to the social and economic conditions of cultural professionals and institutions; recalls the duty of Member States and the Union to protect, defend and assist CCS professionals in upholding their freedom of creation and expression; calls on the Member States to develop guidelines for protecting the artistic freedom as an EU value;
Amendment 406 #
2023/2051(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Is concerned by the effects of increasing automation resulting from the use of machine learning, robotics and other data-based technologies such as assisted content production, artificial voiceover, speech-to-text translation, as well as automated metadata extraction and the spread of powerful generative AI systems to generate content, which pose a particular challenge to artists and other CCS professionals at risk of losing their jobs or, their remuneration rights, control over their work, or of suffering from deteriorating working conditions; calls on the Commission to develop a proactive strategic approach at Union level to anticipate the effects on jobs; highlights that automation may also contribute to job creation in the cultural and creative sectors, especially when implemented in human-centric way; therefore calls on the Commission to develop a proactive strategic approach at Union level to anticipate the effects on jobs, working methods, workers’ conditions, upskilling, reskilling and workforce needs resulting from the use of these new technologies; calls on the Commission and the Member States to develop, as part of this strategic approach, adapted training, hiring and education action plans, including AI literacy, for the cultural and creative sectors;
Amendment 413 #
2023/2051(INL)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls more specifically for social dialogue and consultations with the cultural and creative sectors to ensure cultural diversity, non-discrimination and fairness in AI systems, and best use of digital technologies at large to support decent working conditions of CCS professionals, the enjoyment of their rights and in particular the right to fair, appropriate and proportionate remuneration;
Amendment 418 #
2023/2051(INL)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its call on the Commission to assess the challenges posed by AI-generated content on the cultural and creative sectors, as well as the impact of the research and development of AI and related technologies on the cultural and creative sectors; in particular with regard to authorship and fair remuneration of authors and performers; calls on the Commission to evaluate the extent to which the European General Data Protection Regulation can provide fast and effective safeguards against the unauthorized scraping of personal data by AI systems and whether existing text and data mining exceptions are adequately balanced to meet the three-step test also in the context of generative AI;
Amendment 419 #
2023/2051(INL)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its call on the Commission to assess the challenges posed by AI-generated content on the cultural and creative sectors, as well as the impact of the research and development of AI and related technologies on the cultural and creative sectors, in particular with regard to authorship and fair remuneration of authors and performers; calls on the Commission to evaluate the extent to which the European General Data Protection Regulation can provide fast and effective safeguards against the unauthorized scraping of personal data by AI systems and whether existing text and data mining exceptions are adequately balanced to meet the three-step test also in the context of generative AI;
Amendment 422 #
2023/2051(INL)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses the need to urgently revise child labour laws which became ineffective with the widespread of underage content creators on social media; calls on the Commission and the Member States to put forward provisions to protect minors from the risks of exploitation, taking into account the new challenges posed by new technologies and social media platforms;
Amendment 424 #
2023/2051(INL)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Highlights that algorithmic management presents new challenges for the future of work such as technology- enabled control and surveillance through prediction and flagging tools, remote real- time monitoring of progress and performance and time-tracking, and entails significant risks for workers’ health and safety, notably their mental health and right to privacy and human dignity; points out that AI also gives rise to concerns over privacy and occupational health and safety such as the right to disconnect, and can lead to the disproportionate and illegal surveillance and monitoring of workers, infringing on their dignity and privacy, as well as discriminatory treatment in recruitment processes and other areas due to biased algorithms, including on the grounds of gender, race and ethnicity; is concerned, furthermore, that AI can undermine the freedom and autonomy of people, such as through prediction and flagging tools, real-time monitoring and tracking and automated behavioral nudges, and contributes to workers’ mental health problems such as burnout, technology- related stress, psychological overload and fatigue; stresses that AI solutions in the workplace must be transparent, fair and avoid any negative implications for workers and must be negotiated between employers and workers’ representatives including trade unions; calls on the Commission to present a Directive on AI in the workplace to ensure appropriate protection for workers’ rights and well- being, including their mental health and fundamental rights such as non- discrimination, privacy and human dignity in an increasingly digitalised workplace;
Amendment 433 #
2023/2051(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises the importance of Union-wide contests and initiatives showcasing the richness and diversity of European culture and contributing to a European sense of belonging and emotional identity; calls on the Commission to review and further strengthen contests or initiatives organised exclusively within the Union, as well as promote and facilitate new contests and initiatives, such as a yearly EU online video game award at the Parliament, an EU Top Star league for professional football and other sports and a singing contest between Member States to promote EU culture;
Amendment 436 #
2023/2051(INL)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Commission to develop a European sports model with a strong commitment to the principles of solidarity, sustainability, inclusiveness for all, open competition, and fairness, with a clear distinction being made between professional and amateur sports; calls for increased solidarity and financial redistribution, through the implementation of a solidarity mechanism based on a fair and binding distribution method that ensures the adequate funding of amateur and grassroots sport; calls on the Commission to publish a white paper on the status of European professional sport, in particular European football;
Amendment 437 #
2023/2051(INL)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Reiterates the need to ensure the sustainable financial stability and sound management of sports clubs and calls on sporting bodies to introduce mechanisms to this end, where they do not already exist, alongside a proper enforcement system
Amendment 438 #
2023/2051(INL)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Recalls the need for the Commission to develop recommendations for guidelines for the organisation of sport and its governing bodies in the EU; calls on the EU institutions to promote and protect the fundamental rights of athletes, including athlete representation in decision-making, freedom of association, collective bargaining and non-discrimination; build on its existing work on social dialogue and to extend its scope to all professional sports;
Amendment 440 #
2023/2051(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Requests that the Commission submit, on the basis of Article 153(2), point (a), and Article 352 of the Treaty on the Functioning of the European Union, one or more proposals for a decision establishing a comprehensive Union frameworklegislative instruments establishing a comprehensive Union Framework (the Framework) on the social and professional situation of artists and other professionals in the cultural and creative sectors (‘CCS professionals’), and notably a directive on the correct classification of workers and decent working conditions in the CCS and one or more decisions for collecting and publishing appropriate data and for encouraging cooperation and the exchange of best practices between Member States with a view to formulating quality standards in areas relevant to the living and working condiand reviewing relevant developments as regards the status and situations of artists and other CCS professionals, covering both workers and the self-employed, with the full participation of the social partners, following the recommendations set out in the Annex hereto; calls on the Commission and the Member States to ensure that this framework contributes to the elimination of all forms of discrimination and of gender-based violence in the cultural and creative sectors, and promotes gender equality and artistic freedom;
Amendment 441 #
2023/2051(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Requests that the Commission submit, on the basis of Article 153(2), point (a), and Article 352 of the Treaty on the Functioning of the European Union, one or more proposals for a decision establishing a comprehensive Union framework for collecting and publishing appropriate data and for encouraging cooperation and the exchange of best practices between Member States with a view to formulating quality standards and reviewing relevant developments as regards the status, living and working conditions, including fair remuneration, access to social security and social protection, representation and collective defence in areas relevant to the living and working conditions of artists and other CCS professionals, covering both workers and the self-employed, with the full participation of the social partners, following the recommendations set out in the Annex hereto; calls on the Commission and the Member States to ensure that this framework contributes to the elimination of all forms of discrimination and of gender-based violence in the cultural and creative sectors, and promotes gender equality and artistic freedom;
Amendment 445 #
2023/2051(INL)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls for the inclusion of culture within the European Semester, under the Semester’s education and training monitoring, of the working and living conditions in the cultural and creative sectors in the ongoing economic and social policy coordination and monitoring;
Amendment 450 #
2023/2051(INL)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Reiterates its call on the Commission to update the New Agenda for Culture and include the improvement of CCS professionals’ living and working conditions as a priority area; asks the Commission to include in its political priorities for 2024-2029 the improvement of working and living conditions and fair remuneration in the cultural and creative sectors;
Amendment 452 #
2023/2051(INL)
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29c. Calls on the Member States to increase the level of ambition for the key priority ‘Artists and cultural professionals: empowering the CCS’ in the Council Work Plan for Culture 2023- 2026, with more ambitious actions and target outputs focusing on the status and working conditions of artists and other CCS professionals;
Amendment 453 #
2023/2051(INL)
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29d. Asks the Commission and the Member States to regularly collect and publish comprehensive and comparable data, disaggregated by gender, age, disability, company size and sector as far as available, on the social and professional situation of artists and other CCS professionals in the EU, covering both workers and the self-employed, including on their status, working conditions, including fair remuneration, access to social security and social protection, representation and collective defence, their exposure to forms of discrimination and gender-based violence, as well as gender equality and artistic freedom;
Amendment 454 #
2023/2051(INL)
Motion for a resolution
Paragraph 29 e (new)
Paragraph 29 e (new)
Amendment 455 #
2023/2051(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that any financial implications of the requested proposals should be covered by existing budgetary allocations; stresses that, given the significance of the cultural and creative sectors for the EU and Member States’ economies, the adoption and implementation of the proposal would lead to substantial financial and efficiency gains, and will thus be beneficial both in economic and social terms, [as clearly pointed out in the European Added Value Assessment report];
Amendment 456 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 1 – paragraph 1
Annex I – Recommendation 1 – paragraph 1
The objective of the proposals is to establish a Union framework on the social and professional situation of artists and other professionals in the cultural and creative sectors (‘CCS professionals’) (the ‘Framework’). The Framework should comprise legislative instruments and notably one directive on the correct classification of workers and decent working conditions in the CCS and one or more decisions setting up a mechanism for structured cooperation and the exchange of best practices between Member States with a view to formulating quality standards and reviewing relevant developments in other areas relevant to the living and working conditions of CCS professionalsartists and other CSS professionals. This mechanism should include close consultation and involvement of social partners at national and European level.
Amendment 458 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 1 – paragraph 1
Annex I – Recommendation 1 – paragraph 1
The objective of the proposals is to establish a Union framework on the social and professional situation of artists and other professionals in the cultural and creative sectors (‘CCS professionals’) (the ‘Framework’). The Framework should comprise one or more decisions setting up a mechanism for structured cooperation and the exchange of best practices between Member States with a view to formulating quality standards and reviewing relevant developments in areas relevant to the living and working conditions of CCS professionals. This mechanism should include close consultation and involvement of social partners at national and European level
Amendment 467 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – introductory part
Annex I – Recommendation 3 – paragraph 2 – introductory part
The Framework should focus, among others, on the following areas: by means of a directive:
Amendment 469 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 1
Annex I – Recommendation 3 – paragraph 2 – indent 1
Amendment 471 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 1 a (new)
Annex I – Recommendation 3 – paragraph 2 – indent 1 a (new)
- the correct classification of workers, in order to put an end to bogus self-employment;
Amendment 473 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 2
Annex I – Recommendation 3 – paragraph 2 – indent 2
- the development of measures to improve CCS professionals’ working conditions, in particular to ensure adecentquate remuneration and fairdecent working practiceconditions;
Amendment 476 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 3
Annex I – Recommendation 3 – paragraph 2 – indent 3
- the effective access of CCS workers and professionals to social security and social protection;
Amendment 479 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 4
Annex I – Recommendation 3 – paragraph 2 – indent 4
- the improvement of representation for, and the collective bargaining of, CCS workers and professionals, in cooperation with the social partners;
Amendment 480 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 4 a (new)
Annex I – Recommendation 3 – paragraph 2 – indent 4 a (new)
- the recognition and validation of diplomas and other qualifications;
Amendment 481 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 5
Annex I – Recommendation 3 – paragraph 2 – indent 5
Amendment 485 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 5 a (new)
Annex I – Recommendation 3 – paragraph 2 – indent 5 a (new)
- by means of one or more decisions:
Amendment 486 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 5 b (new)
Annex I – Recommendation 3 – paragraph 2 – indent 5 b (new)
- the status of CCS professionals;
Amendment 489 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 6
Annex I – Recommendation 3 – paragraph 2 – indent 6
- the integration of higher arts education in the European Education Area, the automatic mutual recognition of diplomas and other qualifications, learning outcomes and study periods abroad in the cultural and creative sectors and the development of training opportunities and career development and transitions for CCS professionals;
Amendment 499 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – introductory part
Annex I – Recommendation 4 – paragraph 1 – introductory part
The specific objectives of the Framework should be, inter alia, by means of one or more decisions:
Amendment 512 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 8
Annex I – Recommendation 4 – paragraph 1 – indent 8
- to raise awareness on the relevant problems and available solutions among CCS professionals, trade unions and other workers’ representatives organizations, and relevant Member State authorities.
Amendment 513 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 8
Annex I – Recommendation 4 – paragraph 1 – indent 8
- to raise awareness on the relevant problems and available solutions among CCS professionals, trade unions and other workers’ representatives organisations, and relevant Member State authorities.
Amendment 515 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 2
Annex I – Recommendation 4 – paragraph 2
The Commission should report every two years to the European Parliament and to the Council on its analysis of the situation of artists and other CCS professionals in the Union, on relevant developments and on the implementation of the DecisionsFramework.
Amendment 9 #
2023/2019(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the sector has a broad range of stakeholders composed of many SMEs, including a large number of highly innovative and creative independent production and distribution companies that produce, distribute, and showcase a wide variety of content across the EU;
Amendment 25 #
2023/2019(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates the fact that the current system of exclusive territorial licensing currently ensures the sustainable financing of films and audiovisual content, and is crucialcontributes to ensuring both content diversityand cultural diversity, pluralism, and a wide range of distribution business models, which ultimately benefit EU consumers;
Amendment 32 #
2023/2019(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the inclusion of audiovisual services in the scope of the Geo-blocking Regulation would result in a significant loss of revenue, putting investment in new content at risk, while eroding contractual freedom and reducingch would also impact cultural diversity in both content production and, distribution, and promotion;
Amendment 37 #
2023/2019(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights that such an inclusion could trigger a chain of negative effects for the creation, financing, production and, distribution, and promotion of films and audiovisual content in the mid to long term, thus potentially damaging cultural diversity and a whole value chain that relies entirely on the principle of territoriality.;
Amendment 41 #
2023/2019(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that such inclusion may, in particular, lead to a price harmonisation prejudicial to the consumers, as the consequent increase of pricing in countries where territorial exclusivity enables to offer content to a price point aligned with the consumers purchasing powers;
Amendment 46 #
2023/2019(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Considers, however, that more can be done to increase the circulation of works and programmes across borders; calls on the more systematic circulation of existing and new cinema and audiovisual content across borders;
Amendment 49 #
2023/2019(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Notes that providing support to subtitling and dubbing content increases not only the demand and availability on different countries, but also its accessibility; draws attention to the increase in delivering of European content to audiences across Europe, and calls on further investment from the Member States and the sector;
Amendment 52 #
2023/2019(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Reminds of the importance of article 7 of the Directive 2010/13/EU of the European Parliament and the Council (Audiovisual Media Services Directive), and stresses that accessibility of content should be understood on its complete scope; calls for the reinforcement of its application including for hearing impaired and visually impaired people, ensuring the access to the audiovisual content is inclusive and available to all European citizens;
Amendment 54 #
2023/2019(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Fosters European culture and diversity of content, which ultimately benefit the European consumers;
Amendment 55 #
2023/2019(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Highlights the relevance of the Regulation EU 2017/1128 on cross-border portability of online content services in the internal market as an example of portability, while not disturbing the value chain of the audiovisual producers, and calls for further assessment on its effectiveness in light of the fast evolving consumption habits and market trends in the sector;
Amendment 56 #
2023/2019(INI)
Draft opinion
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Recalls the unique experiences provided by the cinema sector, namely the value of theatrical releases, and calls on the Member States to support the continuation of their use, while accompanying the changing habits and consumptions patterns of the citizens;
Amendment 57 #
2023/2019(INI)
Draft opinion
Paragraph 7 h (new)
Paragraph 7 h (new)
7h. Reiterates the need on investment to anticipate further market changes, to foster the emergence of new formats, and to strengthen the presence of diverse offers from EU companies online;
Amendment 58 #
2023/2019(INI)
Draft opinion
Paragraph 7 i (new)
Paragraph 7 i (new)
7i. Asks for more catalogues to be made available on video-on-demand services across borders after return on investment on the domestic market;
Amendment 7 #
2023/2003(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Creative Europe programme 2021-2027 features an overall budget increase of about 68 % compared to its predecessor; whereas this increase significantly depreciates due to the constantly rising inflation rate9a; whereas the overall budget has been frontloaded with a third of the financial envelope committed in the years 2021 and 2022 to address, inter alia, the fallout from the COVID-19 pandemic; _________________ 9a https://ec.europa.eu/eurostat/web/product s-eurostat-news/w/ddn-20230309-2.
Amendment 7 #
2023/2003(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Creative Europe programme 2021-2027 features an overall budget increase of about 68 % compared to its predecessor; whereas this increase significantly depreciates due to the constantly rising inflation rate9a; whereas the overall budget has been frontloaded with a third of the financial envelope committed in the years 2021 and 2022 to address, inter alia, the fallout from the COVID-19 pandemic; _________________ 9a https://ec.europa.eu/eurostat/web/product s-eurostat-news/w/ddn-20230309-2.
Amendment 16 #
2023/2003(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the introduction of a platform that was not originally designed for the type of projects funded by the programme maintains a reporting procedure that is complex and difficult to navigate;
Amendment 16 #
2023/2003(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the introduction of a platform that was not originally designed for the type of projects funded by the programme maintains a reporting procedure that is complex and difficult to navigate;
Amendment 18 #
2023/2003(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Culture strand promotes the networking of creative communities and fosters cross-border collaboration, with a particular focus on cooperation projects; whereas, within the first two years of implementation, the cooperation project scheme emerged as the most competitivepopular under the Culture strand, providing support to 291 projects;
Amendment 18 #
2023/2003(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Culture strand promotes the networking of creative communities and fosters cross-border collaboration, with a particular focus on cooperation projects; whereas, within the first two years of implementation, the cooperation project scheme emerged as the most competitivepopular under the Culture strand, providing support to 291 projects;
Amendment 23 #
2023/2003(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas Culture Moves Europe is the largest EU mobility scheme for the cultural and creative sectors and has attracted around 4,660 application by mid-2023; whereas approximately 85% of the applications are from sectors such as visual arts, performing arts and music;
Amendment 23 #
2023/2003(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas Culture Moves Europe is the largest EU mobility scheme for the cultural and creative sectors and has attracted around 4,660 application by mid-2023; whereas approximately 85% of the applications are from sectors such as visual arts, performing arts and music;
Amendment 24 #
2023/2003(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the programme acknowledges the importance of the music sector as an essential component of Europe’s cultural diversity, which can benefit from the horizontal approach under the Culture strand; whereas during the period 2021-2022 the Music Moves Europe Initiative devoted EUR 5 million to strengthen the competitiveness, innovation and diversity of Europe’s music sector;
Amendment 24 #
2023/2003(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the programme acknowledges the importance of the music sector as an essential component of Europe’s cultural diversity, which can benefit from the horizontal approach under the Culture strand; whereas during the period 2021-2022 the Music Moves Europe Initiative devoted EUR 5 million to strengthen the competitiveness, innovation and diversity of Europe’s music sector;
Amendment 25 #
2023/2003(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. whereas the literary translation action plays a unique role in promoting authors across borders, reaching new audiences, and contributing to a more culturally and linguistically diverse Europe;
Amendment 25 #
2023/2003(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. whereas the literary translation action plays a unique role in promoting authors across borders, reaching new audiences, and contributing to a more culturally and linguistically diverse Europe;
Amendment 28 #
2023/2003(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas, in light of the crucial role of the Creative Europe desks in promoting and informing the cultural and creative sectors about the programme, cooperation and exchanges between the Creative Europe desks and the Commission must be strengthened;
Amendment 28 #
2023/2003(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas, in light of the crucial role of the Creative Europe desks in promoting and informing the cultural and creative sectors about the programme, cooperation and exchanges between the Creative Europe desks and the Commission must be strengthened;
Amendment 31 #
2023/2003(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the Seal of Excellence represents a novelty of the Creative Europe programme 2021-2027, introduced with the aim of enhancing synergies and simplifying the search for alternative funding in the event of budgetary constraints;
Amendment 31 #
2023/2003(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the Seal of Excellence represents a novelty of the Creative Europe programme 2021-2027, introduced with the aim of enhancing synergies and simplifying the search for alternative funding in the event of budgetary constraints;
Amendment 33 #
2023/2003(INI)
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas the European Capital of Culture, as a special action, is a prestigious initiative enjoying a well- established place in global cultural agendas and, since its introduction in 1985, highlights the richness and uniqueness of the diversity of cultures and cities;
Amendment 33 #
2023/2003(INI)
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas the European Capital of Culture, as a special action, is a prestigious initiative enjoying a well- established place in global cultural agendas and, since its introduction in 1985, highlights the richness and uniqueness of the diversity of cultures and cities;
Amendment 38 #
2023/2003(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the programme’s response toin mitigating the effects of the COVID-19 pandemic, which severely disrupted the cultural and creative sectors even prior to the commencement of the current programme;
Amendment 38 #
2023/2003(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the programme’s response toin mitigating the effects of the COVID-19 pandemic, which severely disrupted the cultural and creative sectors even prior to the commencement of the current programme;
Amendment 40 #
2023/2003(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Acknowledges the flexibility of the Commission and the EACEA in implementing the programme, which was adapted to take into account the consequences of the COVID-19 pandemic;
Amendment 40 #
2023/2003(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Acknowledges the flexibility of the Commission and the EACEA in implementing the programme, which was adapted to take into account the consequences of the COVID-19 pandemic;
Amendment 44 #
2023/2003(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the administrative simplification measures introduced with the new generation of the programme; recalls, however, that streamlining and simplification should not result in the reduction of financial and human resources devoted to project monitoring and evaluation;
Amendment 44 #
2023/2003(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the administrative simplification measures introduced with the new generation of the programme; recalls, however, that streamlining and simplification should not result in the reduction of financial and human resources devoted to project monitoring and evaluation;
Amendment 45 #
2023/2003(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Acknowledges that the application process is often complex, especially for small-sized organisations with limited financial and human resources; calls on the Commission and the EACEA, therefore, to permit the costs associated with the application process to be included in the overall estimated budget costs;
Amendment 45 #
2023/2003(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Acknowledges that the application process is often complex, especially for small-sized organisations with limited financial and human resources; calls on the Commission and the EACEA, therefore, to permit the costs associated with the application process to be included in the overall estimated budget costs;
Amendment 47 #
2023/2003(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges the progressive introduction of inclusion incentives across all strands in the first two years of programme’s implementation; notes, however, the lack of comprehensive data on how the programme objectives are being pursued in a way that encourages inclusion, equality, diversity and participation; urges the Commission to provide, in this regard, a detailed report in its interim evaluation;
Amendment 47 #
2023/2003(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges the progressive introduction of inclusion incentives across all strands in the first two years of programme’s implementation; notes, however, the lack of comprehensive data on how the programme objectives are being pursued in a way that encourages inclusion, equality, diversity and participation; urges the Commission to provide, in this regard, a detailed report in its interim evaluation;
Amendment 49 #
2023/2003(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Acknowledges that the programme contributes to the objective of climate and environmental sustainability through its actions; notes, however, that greening priorities have been introduced differently in the three programme strands; calls on the Commission to closely monitor the implementation of greening priorities and their impact on the sectors and to regularly report on its assessment;
Amendment 49 #
2023/2003(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Acknowledges that the programme contributes to the objective of climate and environmental sustainability through its actions; notes, however, that greening priorities have been introduced differently in the three programme strands; calls on the Commission to closely monitor the implementation of greening priorities and their impact on the sectors and to regularly report on its assessment;
Amendment 50 #
2023/2003(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights the importance of transparency in disseminating call results; in this regard, calls on the Commission to continue publishing the list of all grant recipients along with the awarded amount for calls in a timely manner;
Amendment 50 #
2023/2003(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights the importance of transparency in disseminating call results; in this regard, calls on the Commission to continue publishing the list of all grant recipients along with the awarded amount for calls in a timely manner;
Amendment 58 #
2023/2003(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the importance of the Creative Europe programme in developing and enhancing transnational partnerships, thus also contributing to EU international relations through culture; in this regard, calls on the Commission to invest appropriate resources on the external dimension of the programme;
Amendment 58 #
2023/2003(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the importance of the Creative Europe programme in developing and enhancing transnational partnerships, thus also contributing to EU international relations through culture; in this regard, calls on the Commission to invest appropriate resources on the external dimension of the programme;
Amendment 69 #
2023/2003(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Member States and the Commission, in view of the high subscription rates, in addition tochallenges arising from digitalisation and greening, in addition to high subscription rates, and rampant inflation, which isare all severely affecting beneficiaries’ operational capacity, to ensure that there are no budget cuts to the programme’s envelope in 2024 as well as the upcoming budgetary years;
Amendment 69 #
2023/2003(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Member States and the Commission, in view of the high subscription rates, in addition tochallenges arising from digitalisation and greening, in addition to high subscription rates, and rampant inflation, which isare all severely affecting beneficiaries’ operational capacity, to ensure that there are no budget cuts to the programme’s envelope in 2024 as well as the upcoming budgetary years;
Amendment 72 #
2023/2003(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Regrets that the Seal of Excellence label has not yet been implemented, calls on the Commission to commence this label immediately, so that projects may avail, in this programming cycle, of the opportunities offered by the cumulative and alternative funding;
Amendment 72 #
2023/2003(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Regrets that the Seal of Excellence label has not yet been implemented, calls on the Commission to commence this label immediately, so that projects may avail, in this programming cycle, of the opportunities offered by the cumulative and alternative funding;
Amendment 75 #
2023/2003(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Deplores the fact that, under the 2021-2027 MFF, there is no flexibility to top-up the Creative Europe programme and underlines that this precludes the funding of new initiatives, valuable pilot projects and preparatory actions;
Amendment 75 #
2023/2003(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Deplores the fact that, under the 2021-2027 MFF, there is no flexibility to top-up the Creative Europe programme and underlines that this precludes the funding of new initiatives, valuable pilot projects and preparatory actions;
Amendment 76 #
2023/2003(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Deplores the funding gap between the two MFF cycles, that particularly affected the network scheme; in this regard, calls on the Commission to ensure that this situation will not reoccur in the future and to consider developing operational grants for the network schemes;
Amendment 76 #
2023/2003(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Deplores the funding gap between the two MFF cycles, that particularly affected the network scheme; in this regard, calls on the Commission to ensure that this situation will not reoccur in the future and to consider developing operational grants for the network schemes;
Amendment 79 #
2023/2003(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines that the sectoral approach represents an excellent tool that will strengthen the book and publishing sector, enabling concerted actions that will support and stimulate market access and the wider circulation of European works;
Amendment 79 #
2023/2003(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines that the sectoral approach represents an excellent tool that will strengthen the book and publishing sector, enabling concerted actions that will support and stimulate market access and the wider circulation of European works;
Amendment 89 #
2023/2003(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out that, while recognising the major success of the new mobility action, it is imperative that an analysis of the main emerging trends is carried out by the end of 2024 with a view to the inclusion of new actors from the cultural and creative sectors; in this regard, calls on the Commission to increase the budget allocated to this action from 2025 onwards;
Amendment 89 #
2023/2003(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out that, while recognising the major success of the new mobility action, it is imperative that an analysis of the main emerging trends is carried out by the end of 2024 with a view to the inclusion of new actors from the cultural and creative sectors; in this regard, calls on the Commission to increase the budget allocated to this action from 2025 onwards;
Amendment 95 #
2023/2003(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the increase of actions providing support to the music sector under the Culture strand, resulting in a higher number of music-related projects being submitted under the current programme;
Amendment 95 #
2023/2003(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the increase of actions providing support to the music sector under the Culture strand, resulting in a higher number of music-related projects being submitted under the current programme;
Amendment 106 #
2023/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the importance of the special action of the European Capital of Culture as a catalyst for the cultural and economic regeneration of cities and regions; stresses the need for additional funding for this special action to meet the additional costs incurred as a result of the long-term effects of the COVID-19 pandemic and rampant inflation; underlines that additional funding for the European Capital of Culture is long overdue; calls on the Commission, therefore, to increase the funding of the Melina Mercouri Prize, which has been endowed with only EUR 1.5 million for several years;
Amendment 106 #
2023/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the importance of the special action of the European Capital of Culture as a catalyst for the cultural and economic regeneration of cities and regions; stresses the need for additional funding for this special action to meet the additional costs incurred as a result of the long-term effects of the COVID-19 pandemic and rampant inflation; underlines that additional funding for the European Capital of Culture is long overdue; calls on the Commission, therefore, to increase the funding of the Melina Mercouri Prize, which has been endowed with only EUR 1.5 million for several years;
Amendment 107 #
2023/2003(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Acknowledges that the European Heritage Label is a valuable initiative promoting the significant role these sites play in the history and culture of Europe and notes that, during the period from 2013 to 2021, 60 sites have been designated with the title; calls, however, on the Commission to improve the visibility of the European Heritage Label by developing synergies with other relevant EU financial instruments;
Amendment 107 #
2023/2003(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Acknowledges that the European Heritage Label is a valuable initiative promoting the significant role these sites play in the history and culture of Europe and notes that, during the period from 2013 to 2021, 60 sites have been designated with the title; calls, however, on the Commission to improve the visibility of the European Heritage Label by developing synergies with other relevant EU financial instruments;
Amendment 108 #
2023/2003(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Underlines the importance of the different prizes supported by the Creative Europe programme in the fields of literature, architecture and heritage, music (contemporary, rock and pop) as well as audiovisual; emphasises that these long-standing initiatives are well-known by the sectors and, by rewarding achievements in different fields, increase the visibility of the European cultural and creative sectors;
Amendment 108 #
2023/2003(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Underlines the importance of the different prizes supported by the Creative Europe programme in the fields of literature, architecture and heritage, music (contemporary, rock and pop) as well as audiovisual; emphasises that these long-standing initiatives are well-known by the sectors and, by rewarding achievements in different fields, increase the visibility of the European cultural and creative sectors;
Amendment 109 #
2023/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Acknowledges that the Media strand remains the main European instrument providing strategic support to the independent audiovisual sector, which consistsing primarily of small and medium- sized companies, which make considerable investments in bringing culturally diverse audiovisual works to new and existing audiences; emphasises the continuation of this strand so as to increase the EU strategic autonomy, by encouraging the internationalisation of European audiovisual companies; stresses, in this regard, the importance of ensuring an appropriate budget allocation for the Media strand in order to continue supporting the recovery and transformation of the audiovisual sector;
Amendment 109 #
2023/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Acknowledges that the Media strand remains the main European instrument providing strategic support to the independent audiovisual sector, which consistsing primarily of small and medium- sized companies, which make considerable investments in bringing culturally diverse audiovisual works to new and existing audiences; emphasises the continuation of this strand so as to increase the EU strategic autonomy, by encouraging the internationalisation of European audiovisual companies; stresses, in this regard, the importance of ensuring an appropriate budget allocation for the Media strand in order to continue supporting the recovery and transformation of the audiovisual sector;
Amendment 114 #
2023/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Highlights that a large number of high-quality projects under the co- development and mini-slate schemes were rejected in 2021-2022 due to budgetary constraints; calls on the Commission, therefore, to allocate a larger budget for the future implementation of these schemes;
Amendment 114 #
2023/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Highlights that a large number of high-quality projects under the co- development and mini-slate schemes were rejected in 2021-2022 due to budgetary constraints; calls on the Commission, therefore, to allocate a larger budget for the future implementation of these schemes;
Amendment 115 #
2023/2003(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the vital roles of the European Film Distribution and European Film Sales support schemes in contributing to the cultural diversity of the European audiovisual sector by increasing the cross- border circulation of European films and offsetting some of the risks distributors take when investing in the production, distribution and promotion of non- national European films; stresses, therefore, that it is key to maintain adequatenhance funding for both schemes;
Amendment 115 #
2023/2003(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the vital roles of the European Film Distribution and European Film Sales support schemes in contributing to the cultural diversity of the European audiovisual sector by increasing the cross- border circulation of European films and offsetting some of the risks distributors take when investing in the production, distribution and promotion of non- national European films; stresses, therefore, that it is key to maintain adequatenhance funding for both schemes;
Amendment 125 #
2023/2003(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recognises the success of the Networks of European Festival call, which has supported 71 festivals under 12 networks, cooperating, inter alia, to foster audience engagement; calls on the Commission, therefore, to continue funding the two complementary actions, the European Festivals and the Network of European Festivals, in alternate years;
Amendment 125 #
2023/2003(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recognises the success of the Networks of European Festival call, which has supported 71 festivals under 12 networks, cooperating, inter alia, to foster audience engagement; calls on the Commission, therefore, to continue funding the two complementary actions, the European Festivals and the Network of European Festivals, in alternate years;
Amendment 126 #
2023/2003(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Notes that, as the Media Invest facility attracted a large number of applications, increased budgetary synergies with the InvestEU programme must be secured for its future implementation; calls on the Commission to further improve the promotion of this facility amongst the audiovisual sector;
Amendment 126 #
2023/2003(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Notes that, as the Media Invest facility attracted a large number of applications, increased budgetary synergies with the InvestEU programme must be secured for its future implementation; calls on the Commission to further improve the promotion of this facility amongst the audiovisual sector;
Amendment 127 #
2023/2003(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Recalls that the European Media Freedom Act should establish a new European Board for Media Services to replace the European Regulators Group for Audiovisual Media Services (ERGA) established by Directive 2010/13/EU; stresses that the Board should be an independent body of the Union with legal personality as well as being supported by sufficient human and financial resources for the performance if its tasks; in this regard, the Board should be financed under a separate budget line and not from the budget allocated to the MEDIA strand of the programme or other budget lines in existence;
Amendment 127 #
2023/2003(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Recalls that the European Media Freedom Act should establish a new European Board for Media Services to replace the European Regulators Group for Audiovisual Media Services (ERGA) established by Directive 2010/13/EU; stresses that the Board should be an independent body of the Union with legal personality as well as being supported by sufficient human and financial resources for the performance if its tasks; in this regard, the Board should be financed under a separate budget line and not from the budget allocated to the MEDIA strand of the programme or other budget lines in existence;
Amendment 129 #
2023/2003(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that the Journalism Partnerships and the Media Literacy calls attracted the highest number of applications in 2021-2022, underlining the urgent need for increased financial support for the European media sector;
Amendment 129 #
2023/2003(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that the Journalism Partnerships and the Media Literacy calls attracted the highest number of applications in 2021-2022, underlining the urgent need for increased financial support for the European media sector;
Amendment 130 #
2023/2003(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Commission to ensure that, in the remaining programming period, no less than 9% of the overall budget 2021-2027 is allocated to supporting the objectives of the Cross- sectoral strand;
Amendment 130 #
2023/2003(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Commission to ensure that, in the remaining programming period, no less than 9% of the overall budget 2021-2027 is allocated to supporting the objectives of the Cross- sectoral strand;
Amendment 44 #
2023/0404(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The EU Talent Pool should aim at supporting participating Member States to address existing and future skills and labour shortages via the recruitment of third country nationals to the extent the activation of the domestic workforce and intra-EU mobility are not sufficient to achieve this objective. As a voluntary tool to facilitate international recruitment, the EU Talent Pool should offer additional support at Union level to interested Member States. To this end, complementarity and interoperability with existing national initiatives and platforms should be ensured. Member States’ specific needs and initiatives should be taken into account in the development of the EU Talent Pool in order to ensure the widest participation possible. Hence, ‘Talent’ is an encompassing term referring to the entire range of skills that might be needed by the Member States’ labour markets.
Amendment 46 #
2023/0404(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure that Member States’ authorities are adequately represented in the EU Talent Pool Steering Group, participating Member States should appoint two representatives each, one from the employment authorities and one from the immigration authorities. Social partners at Union level should also appoint two participants from trade unions and two participants from employer organisations to participate in the Steering Group.
Amendment 78 #
2023/0404(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Only participating Member States and representatives of social partners at Union level as covered by paragraph 4 of this article shall be members of the EU Talent Pool Steering Group. Member States not participating in the EU Talent Pool and representatives from relevant third countries of origin may participate in the meetings of the EU Talent Pool Steering Group as observers.
Amendment 24 #
2023/0393(COD)
Proposal for a directive
Recital 2
Recital 2
(2) To helpensure that Member States respect and fulfil their national equal treatment andthe equal treatment of, and fulfil their non-discrimination obligations vis-à- vis persons with disabilities who are third- country nationals legally residing in their territory and not falling within the scope of the Directive [XXXX], and guarantee the recognition of their disability status across Member States, thus facilitating the exercise of their rights to move or travel to other Member States in accordance with Union law and ensuring a more effectivefull participation and inclusion in society of persons with disabilities who are third- country nationals on an equal basis with Union citizens, it is necessary to extend the rules, rights and obligations laid down in Directive../…. to persons with disabilities who are third country nationals legally residing in the territory of a Member State, whose disability status has been recognised by that Member State, and who are entitled to move or travel to other Member States in accordance with Union law.
Amendment 27 #
2023/0393(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Therefore, Member States shall take all the necessary measures to ensure that the rules governing the eligibility, issuance, renewal or withdrawal, mutual recognition and data protection of the European Disability Card and the European Parking Card for persons with disabilities as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, as well as the rights for beneficiaries, including access on equal terms and conditions to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, or parking conditions and facilities offered to or reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s), regardless of their nationality, set out in Directive ../…., equally apply to third country nationals legally residing in the Union and who are entitled to move or travel to other Member States in accordance with Union law. The issuance and renewal of the European Disability Card and the European Parking Card for persons with disabilities should always be and remain free of charge to the card holder. The European Disability Card should be issued and renewed by the Member State of residence directly, where already provided for in the national disability assessment and recognition procedure or upon the application of the person with disabilities or card holder. Where not issued directly, persons with disabilities should be duly informed about the possibility to apply for the European Disability Card.
Amendment 35 #
2023/0393(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Personal assistants, regardless of their nationality, accompany or assist persons with disabilities or carry out activities of daily living if need be in the framework of a contractual relationship, in accordance with national law and practice, with the objective of encouraging personal autonomy, facilitating community life and promoting the independent living of persons with disabilities. Persons accompanying or assisting persons with disabilities are designated by the persons with disabilities themselves or by their legal guardian(s) and can change on an ad hoc basis provided there is explicit consent by the persons with disabilities or their legal guardian(s) depending on the requirements of the persons with disabilities.
Amendment 37 #
2023/0393(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Member States shall ensure that the European Disability Card is equally accessible to people with disabilities regardless of their sex, gender, gender expression, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation or sex characteristics.
Amendment 38 #
2023/0393(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) The UNCRPD also recognises the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status. In particular, it recognises the principle of gender equality, that women and girls with disabilities are often at greater risk and subject to multiple and intersectional discrimination and that State Parties should take adequate measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. Therefore, the European Disability Card and European Parking Card for persons with disabilities should have a clear gender equality perspective and contribute to improving free movement, especially for women and girls with disabilities. The Convention on Preventing and Combating Violence against Women and Domestic Violence, to which the Union is party, should also guide the establishment and implementation of the European Disability Card and the European Parking Card for persons with disabilities in this context.
Amendment 41 #
2023/0393(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) Third-country nationals should have a right of redress, including adequate compensation, in the case of infringements of their rights arising from this Directive. Member States should ensure that those provisions comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation in line with the UNCRPD.
Amendment 42 #
2023/0393(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3 c) The equality and non- discrimination mandate contained in Article 5 of the CRPD is relevant, as the European Disability Card is meant to accelerate the equality of persons with disabilities through their mutual recognition within the EU. There is a need to approach mobility and free movement in a gender sensitive way so that this legislation contributes to recognising the rights of women and girls with disabilities, mothers and caregivers of persons with disabilities and adopting an intersectional approach in protecting them from discrimination. It is imperative to recognize that women and girls with disabilities are affected by discrimination in many areas of life including social isolation, lack of access to community services, low-quality housing, institutionalisation and inadequate healthcare, which hampers them from contributing and engaging actively in society. Women with disabilities are 10 times more likely to experience physical or sexual assault than women without disabilities and therefore information on the access to specialized support services should be made available for those women with disabilities having suffered any form of gender based violence. Overall, the situation for women and girls with disabilities is worse than those of men and boys with disabilities, with this being accentuated for example in rural areas where access to services and opportunities in general is much more limited. Any person with a disability, according to the meaning stated in Article 1 of the CRPD, when they reside or move in an EU Member State other than their own, should have their disability status recognised.
Amendment 45 #
2023/0393(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3 c) A European Disability Card should not be required as proof of disability status by persons with disabilities or persons accompanying or assisting them, including their personal assistants or assistance animals, in order to access or exercise any rights provided for in other Union or national law, including those granting specific benefits, special conditions, or preferential treatment.
Amendment 46 #
2023/0393(COD)
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3 d) The European Disability Card shall be issued or renewed by the Member State of residence directly where already provided for in the national disability assessment and recognition procedure or upon application by the person with disabilities. Third-country nationals with disabilities shall be duly informed about the possibility to apply for the European Disability Card where it is not issued directly. It shall be issued and renewed free of charge to the beneficiary within either 60 days or within the period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities whichever is shorter.
Amendment 54 #
2023/0393(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Since the objective of this Directive, namely to strengthen the exercise of the free movement rights of persons with disabilities, to facilitate the possibilities to move, or travel to other Member States, for persons with disabilities (or those accompanying or assisting them), including their personal assistants, regardless of their nationality, who are third-country nationals legally residing in the territory of a Member State and who are entitled to move or travel to other Member States in accordance with Union law, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action establishing a framework with rules and common conditions, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,
Amendment 57 #
2023/0393(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) Member States should ensure that private operators or public authorities make information on any special conditions or preferential treatment publicly available in a clear, comprehensive, user-friendly and easily accessible way and in accessible formats. The Commission should establish a single dedicated Union website, available in all official Union languages, collating the special conditions or preferential treatment offered by their public authorities. Member States should facilitate that information on the website where available and to update it regularly, including when changes occur in accordance with national legislation.
Amendment 60 #
2023/0393(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Member States shall ensure that the rules laid down in [Directive (EU) XXXXX] apply to third country nationals not falling within the scope of that Directive whose disability status and/or rights to parking conditions and facilities reserved for persons with disabilities have been recognised by the Member State of their residence, as well as to persons accompanying or assisting them, including their personal assistant(s) regardless their nationality within the meaning Article 3 point (d) of that Directive, as well as assistance animals such as guide dogs or assistance dogs.
Amendment 67 #
2023/0393(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive shall not affect the applicable Union rules governing mobility across the Union, of third country nationals legally residing in the territory of a Member State.
Amendment 71 #
2023/0393(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
For the purposes of this Directive “third country national” means any person who is neither a Union citizen within the meaning of Article 20(1) TFEU nor a family member of a Union citizen exercising his or her right of free movement within the meaning of Articles 2(2) and 3(2) of Directive 2004/38/EC, and who is legally residing in the territory of a Member State and is entitled to move or travel to other Member States in accordance with Union law.
Amendment 73 #
2023/0393(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
By dd/mm/yy [two years from the date of application of this Directive], and every four years thereafter, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.
Amendment 74 #
2023/0393(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
The European Disability Card and the European Parking Card for persons with disabilities shall always be issued or renewed free of charge by the Member State of residence upon application by the person with disabilities.
Amendment 76 #
2023/0393(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
The report shall include an assessment of the use of the card as regards portability in the area of social security benefits, social protection and social assistance. The report shall also include an intersectionality and gender equality analysis of the impact of this Directive on the free movement of persons with disabilities who have intersecting identities,
Amendment 80 #
2023/0393(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Amendment 64 #
2023/0373(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The handling of pellets is being discussed under the scope of international organizations such as the International Maritime Organization (IMO) in light of the significant risk of catastrophic pollution associated with maritime transport of plastic pellets. In this context, the Union should follow closely the developments at IMO, and play a leading role in ensuring a high-level of environmental protection on this issue.
Amendment 65 #
2023/0373(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) Whereas several accidents leading to pellet spills and loss have been registered in the Union with transboundary impacts, highlighting the urgent need for ambitious, holistic measures to significantly reduce the risk of pellet pollution while strenghtening response capabilities to pellet spills across Union territories and waters.
Amendment 67 #
2023/0373(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Economic operators, EU carriers and non-EU carriers should implement the requirements on the handling of plastic pellets by following a priority order of action with the paramount goal of preventing the release of pellets in the environment as the top priority. Therefore, preventing spills of plastic pellets from primary containment during routine handling, thus reducing the risk of spills to the lowest possible level, should be the first step, including by avoiding any unnecessary handling (for instance by reducing the transfer points) and by using puncture-proofappropriate packaging, followed by containment of spilled pellets to make sure they do not become a loss to the environment, and eventually by clean up after a spill or loss event as the final step.
Amendment 70 #
2023/0373(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) While the aim is to preventachieve zero plastic pellet losses to the environment for all economic operators, EU carriers and non- EU carriers, obligations for micro-, small and medium-sized enterprisesobligations for micro enterprises and enterprises that handle under 250 tonnes of pellets annually should be adjusted to mitigate the burden on them.
Amendment 73 #
2023/0373(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to prevent and achieve zero plastic pellet losses, economic operators should establish, implement, and update at all times a risk assessment plan identifying potential for spills and losses and documenting in particular specific equipment and procedures in place to prevent, contain and clean up pellet losses, taking into consideration the installation size and the scale of operations.
Amendment 80 #
2023/0373(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to evaluate the adequacy of the risk assessment plan carried out for each installation, economic operators should keep record of an estimate of the quantity of the pellets released to the environment per year, together with the total volume produced and handled. To reduce burden on economic operators, the information on estimates of quantities released may be used in the framework of the reporting requirement under Commission Regulation (EU) 2023/2055.
Amendment 83 #
2023/0373(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The successful implementation of the actions required to prevent and achieve zero plastic pellet losses requires the full cooperation and commitment of economic operators’, EU carriers’ and non-EU carriers’ employees. Economic operators and EU carriers should be required to train their staff according to their employees’ specific roles and responsibilities in order to ensure they are aware of and are able to use the equipment and execute the procedures necessary to ensure compliance with the requirements laid down in this Regulation. Economic operators and EU carriers should also be required to monitor and keep records of the relevant actions to implement the requirements set out in this Regulation, for instance, the placement of new catchment devices. Where appropriate, they should adopt corrective actions including, where necessary, the improvement of equipment and procedures in place.
Amendment 86 #
2023/0373(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Medium and large-sized enterprises that operate installations where plastic pellets are handled in quantities above 1 000 tonnes may bring higher risks of pellet losses to the environment. For this reason, these enterprises should be required to implement, for each installation, extra actions like carrying out an annual internal assessment, and adopting a mandatory training programme addressing specific training needs and modalitiissues on prevention, practices, workers protection, clean-up technologies, use and maintenance of equipment, the execution of procedures, as well as the monitoring and reporting of pellet losses. In addition, for these enterprises, compliance with the requirements laid down in this Regulation should be demonstrated by obtaining, and renewing, a certificate issued by certifiers. These certifiers can either be an accredited conformity assessment body, or an environmental verifier licenced to carry out verification and validation in accordance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council15 on the voluntary participation by organisations in a Community eco- management and audit scheme (EMAS). The certificate should correspond to a unique format in order to ensure homogeneous information. _________________ 15 Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1).
Amendment 97 #
2023/0373(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Micro, small and medium-sized enterprises (SMEs) in the pellet supply chain should comply with the relevant obligations laid down in this Regulation, however they could face proportionally higher costs and difficulties when complying with some of the obligations. The Commission should raise awareness among economic operators and carriers regarding the necessity of preventing pellet losses. Additionally, the Commission should develop training materials to assist them in fulfilling their obligations, particularly with respect to the requirements of the risk assessment. Member States should provide access to information and assistance regarding compliance with obligations and the risk assessment requirements. Regarding the assistance of Member States, this could include technical and financial support as well as specialised training to micro enterprises and SMEs. Member States actions should be taken in respect of applicable State aid rules.
Amendment 108 #
2023/0373(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42 a) Considering the severe risks that pellet losses pose to the ecosystems, marine and land life, and to human health, especially when they degrade into microplastics, due to the potential hazardous properties of the polymers and additives plastic pellets are made of, restrictions of the manufacture, use or placing on the market of hazardous polymers should be swiflty adopted in accordance with Article 68 of Regulation (EC) No 1907/2006, where the risk to human health or the environment is not adequately controlled.
Amendment 120 #
2023/0373(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘plastic pellet’ means a small mass of preformed polymer-containing moulding material, having relatively uniform dimensions in a given lot, that is used as feedstock in plastic product manufacturing and recycling operations;
Amendment 122 #
2023/0373(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘spill’ means a one-off or prolonged escape of plastic pellets from primary containment;
Amendment 130 #
2023/0373(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘loss’ means a one-off or prolonged escape of plastic pellets at any of the stage of the supply chain, including from installation’s boundary to the environment or from road vehicles, rail wagons or inland waterway vessels transporting plastic pellets;
Amendment 172 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Economic operators shall keepupdate and notify their risk assessment plan up-to-dateannually, taking into account in particular the weaknesses identified through their experience in handling plastic pellets, and shall make it available to competent authorities on demand.
Amendment 179 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Economic operators that are medium and large-sized enterprises operating installations where plastic pellets in quantities below 1 000 tonnes have been handled in the previous calendar year or that are micro or small-sized enterprises shall notify an update of the risk assessment plan for each installation as well as a renewal of the self-declaration of conformity to the competent authority every 5 years from the last notification, or in an event of changing its operations or significant incident, taking into account the particular weaknesses identified through their experience in handling plastic pellets, and shall make it available to competent authorities on demand.
Amendment 188 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Competent authorities shall establish, maintain, and update a register containing the risk assessment plans, and self-declarations of conformity notified in accordance with paragraphs 1 and 2 of this Article, loss and spill notifications, and audit summaries, including details of non-compliances identified and corrective actions requested. The register shall be publicly available on a website.
Amendment 203 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point c
Article 4 – paragraph 7 – subparagraph 1 – point c
(c) keep records of annually estimated quantities of spills and losses and of the total volume of plastic pellets handled.
Amendment 212 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. Where an action taken for the prevention, containment and clean-up of spills and losses fails, economic operators, carriers and non-EU carriers shall take immediate corrective actions, as soon as possible.
Amendment 223 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 9 – point c
Article 4 – paragraph 9 – point c
(c) discussions and training sessions with the personnel, inspections of equipment and procedures in place and revision of any relevant documentation.
Amendment 239 #
2023/0373(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Certifiers shall carry out spot- checks and inspection of sites, transport medium and immediate surrounding areas to ensure that all measures included in the risk assessment plan carried out in accordance with Annex I are duly implemented.
Amendment 249 #
2023/0373(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the certifier shall be accredited and independent of the economic operator;
Amendment 251 #
2023/0373(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. By 31 March ... [OP:Please insert the year following the year of the entry into force of this Regulation], and every year thereafter, each economic operator and carrier shall report, in accordance to Annex IV (a) (new) to the competent authority for the previous calendar year: (a) the quantity of pellets produced and handled based on polymer type; (b) the estimated quantity of spills and losses and the number of incidents and accidents.
Amendment 260 #
2023/0373(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Every three years, based on the reports of Member States referred to in paragraph 2, the Commission shall produce a synthesis report on compliance and reporting, setting out the qualitative and quantitative information on the implementation of this Regulation.
Amendment 268 #
2023/0373(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) inform the competent authority in whose territory the incident or accident occurred and the estimated quantities of lossesspills and losses in accordance with the form in Annex IV (a) (new);
Amendment 280 #
2023/0373(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The competent authority in whose territory the incident or accident occurred shall require, where necessary, that economic operators, EU carriers and non- EU carriers take appropriate complementary measures and specific trainings to limit the health or environmental consequences and to prevent further incidents or accidents.
Amendment 303 #
2023/0373(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. For the purposes of compliance with the obligation referred to in Article 4(7), first subparagraph, point (c), 4(2) and Annex IV (a) (new) a methodology to estimate quantities of losses shall be developed in harmonised standards in accordance with the procedures established by Regulation (EU) No1025/2012.
Amendment 310 #
2023/0373(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Competent authorities shall assess the substantiated complaint referred to in paragraph 1 and, where necessary, take the necessary steps, including inspections and hearings of the person or organisation, with a view to verifying those complaints. If the complaint is found to be grounded, the competent authorities shall take the necessary actions in accordance with Article 4(3), Article 9 and Article 10(2).
Amendment 332 #
2023/0373(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) the experience gained from the implementation of obligations set out in Articles 43, 4, 5, 8 and 59;
Amendment 338 #
2023/0373(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Review The Commission shall monitor the application of this Regulation and, no later than 31 December 2029, shall publish a comprehensive report on its overall application and effectiveness as well as the implementation of Annexes I and III by economic operators and carriers and shall submit, if appropriate, a legislative proposal to the European Parliament and to the Council to amend this Regulation.
Amendment 347 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 3 a (new)
Annex I – paragraph 1 – point 3 a (new)
(3 a) information relating to the chemical nature of each polymer contained in plastic pellets on site, including information on physico- chemical properties, hazard properties, use, exposure, risk, and emissions of each polymer;
Amendment 353 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 2 – point a
Annex I – paragraph 1 – point 7 – paragraph 2 – point a
(a) For prevention: vacuum seals on hoses and pipework; tear- and impact- resistant rigid, shock-resistant, waterproof, sealed and labelled packaging that can withstand degradation in rough aquatic environments; equipment to create secure connection points with secondary barriers in place; loading systems designed to ensure transfer lines can be completely emptied after loading and unloading; searigid, shock-resistant, waterproof, sealed, and labelled containers and/or external silos to store pellets; automated transport systems for pellets;
Amendment 358 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 2 – point c
Annex I – paragraph 1 – point 7 – paragraph 2 – point c
(c) For clean-up: industrial vacuum cleaners for internal and external usage; dedicated appropriate containers for recovered pellets that are coveredrigid, shock- resistant, waterproof, labelled and secured to prevent further spills and losses; hand tools (e.g., brooms, dustpan and brush, buckets, repair tapes); reinforced collection bags.
Amendment 366 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 8 – paragraph 2 – point a
Annex I – paragraph 1 – point 8 – paragraph 2 – point a
(a) for prevention: limits on the volumes of pellets transported in certain packaging (e.g., pellets must be packaged and sealed in rigid 25kg sacks, and loaded no more than 1tonne per pallet); regular inspection and maintenance of packaging, containers and storage facilities; use of spill trays under transfer points and during loading and unloading; clear protocols for opening, loading, closing and sealing containers and tanks at the start and end of loading; physical testing and monitoring of the effectiveness of prevention procedures;
Amendment 369 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 8 – paragraph 2 – point b
Annex I – paragraph 1 – point 8 – paragraph 2 – point b
(b) for containment: regular inspection, cleaning and maintenance of catchment devices; regular inspection, cleaning and maintenance of drain covers, storm water drainage or filtration systems; regular inspection and cleaning of vehicles leaving and/or entering a site, outgoing water facilities and fences on the perimeter of the facility that are in public areas when applicable; immediate replacement or repair of leaking packagingcontainers; checks for broken and discarded packaging or containers for residual pellets before disposal or repair; regular inspection, cleaning and maintenance of sewage treatment system.
Amendment 372 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 8 – paragraph 2 – point c
Annex I – paragraph 1 – point 8 – paragraph 2 – point c
(c) for clean-up: spilled plastic pellets are cleaned up immediately to prevent losses to the environment, at the latest upon termination of the operation, and collected in a designated rigid, waterproof, sealed and container. If possible, spilled plastic pellets are reused as raw material to reduce wastage. If spilled plastic pellets cannot be reused as raw materials, they are retrieved and disposed of in accordance with waste legislation, along with damaged containers.
Amendment 379 #
2023/0373(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1
Annex III – paragraph 1 – point 1
(1) For prevention: verification during and after loading and unloading, that pellets are properly removed from the outside of the transport equipment before leaving the loading/unloading site; clear communication on stowage requirements; prevention of any leakage, including during the transport journey, e.g., by technical suitability of the transport means and containers, supplemented, if necessary, with appropriate rigid, waterproof sealing; ensuring that protective covers on e.g. forklifts/hydraulic equipment are used to prevent the piercing of packaging; regularly cleaning and checking the good condition of the loading compartments and the cont, containers and trainlers to minimise the loss of spilled pellets; visual checking of openings and integrity of the loading compartments prior and, to the extent possible, during the journey, including in the multimodal terminals, rail terminals, inland and seaports. In maritime transportation, containers should be stowed under deck when possible or inboard in sheltered areas of exposed decks.
Amendment 383 #
2023/0373(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 2
Annex III – paragraph 1 – point 2
(2) For containment and clean-up: where possible, repair damaged packaging (e.g. by using booms, barriers and tape) and contain the remaining pellets in the loading compartment; collect the spilled pellets in closed containers or bags, rigid and waterproof containers labelled and sealed for proper disposal; in case of transport of pellets in bulk tanks, opening the bottom manhole/cone of the silo tank only after entering the cleaning bay; replace the container liner only in suitable and non- public areas, where any spillage can be contained; immediatly notify the authorities such as international and national emergency, or environmental authorities, as appropriate, from the Member State where the event occurred.
Amendment 394 #
2023/0373(COD)
Proposal for a regulation
Annex IV a (new)
Annex IV a (new)
FORM FOR LOSS TRACKING Pellet Loss Tracking Form Date of Incident: [date] Time of Incident: [time] Location of Loss: [ ] Production Area [ ] Storage Area [ ] Manufacturing Area [ ] Transportation Description of Pellet Loss, Including Polymer Type: [Text Box] Estimated Quantity of Lost Pellets: [ ] Small (up to 1 kg) [ ] Medium (1 kg to 10 kg) [ ] Large (more than 10 kg) [Text Box – estimated amount based on Article 13 standardised methodology] Cause of Loss: [ ] Equipment Malfunction [ ] Human Error [ ] Environmental or Weather Factors (Specify): [Text Box] [ ] Other (Specify): [Text Box] Immediate Actions Taken: [Text Box] Clean-up Measures: [ ] Sweeping [ ] Vacuuming [ ] Absorbent Materials [ ] Containment [ ] Disposal Environmental Impact Assessment: [ ] Soil Contamination [ ] Water Contamination [ ] Air Quality [ ] Wildlife Impact Restoration Actions Necessary: [Text Box] Witness Information (if applicable): Name: [Text Box] Contact Number: [Text Box] Email Address: [Text Box] Reporting Person: Name: [Text Box] Position: [Text Box] Contact Number: [Text Box] Email Address: [Text Box] Attachments (e.g., photos, reports): [File Upload]
Amendment 79 #
2023/0311(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The UNCRPD recognises that persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various administrative, technological and societal barriers can result in discriminatory treatment. The purpose of the UNCRPD is therefore to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. The UNCRPD also recognises the importance of respect for difference and acceptance of persons with disabilities as part of human diversity and humanity and the need to take appropriate measures to ensure full and equal accessibility to persons with disabilities.
Amendment 83 #
2023/0311(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) The UNCRPD further recognises the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status. It particular, it recognises that women and girls with disabilities are at greater risk and subject to multiple discrimination, and that State Parties should take adequate measures to ensure their full and equal enjoyment of all human rights and fundamental freedoms.
Amendment 84 #
2023/0311(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the European Commission at Gothenburg on 17 November 201740 provides that everyone, inter alia regardless of disability, has the right to equal treatment and opportunities regarding, among others, employment, social protection, education, and access to goods and services available to the public and that equal opportunities of under-represented groups are to be fostered (principle 3). In addition, the European Pillar of Social Rights recognises that persons with disabilities have the right to services that enable them to participate in society (principle 17). _________________ 40 Interinstitutional Proclamation on the European Pillar of Social Rights, OJ C 428, 13.12.2017, p. 10live in dignity and to income support that ensures a decent living, services that enable them to participate in society and a work environment adapted to their requirements (principle 17).
Amendment 98 #
2023/0311(COD)
Proposal for a directive
Recital 11
Recital 11
(11) PIn the cases where persons with disabilities movinge for longer periods to other Member States for employment, study or other purposes, except where otherwise provided by law or agreed among Member States, may have their disability status assessed and formally recognisedthe European Disability Card should serve as temporary recognition of their disability status until formal decision by the competent authorities in the other Member State and may receive, by means of a disability certificate, a disability card or any other formal document recognising their disability status in accordance with applicable rules of that Member State.
Amendment 111 #
2023/0311(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Alongside physicvarious physical, intellectual and other barriers in accessing both public and private spaces and services, high expenses are a key factor discouraging many persons with disabilities from travel48 12, because they have specific needs resulting in additional expenses related to their disability and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, making their travel costs higher than for persons without disabilities49 13. The lack of recognition of disability status, in other Member States might limit their access to special conditions, such as free access or reduced tariffs, or preferential treatment and has an impact on their travel costs, lives and choices. _________________ 48 Findings from Final Report based on Survey targeted at EU-level CSOs; Shaw and Coles, ‘Disability, holiday making and the tourism industry in the UK: a preliminary survey’, 25(3) Tourism Management (2004) 397-403; Eugénia Lima Devile and Andreia Antunes Moura (2021), Travel by People With Physical Disabilities: Constraints and Influences in the Decision-Making Process. 49 McKercher and Darcy (2018), Re- conceptualizing barriers to travel by people with disabilities, Tourism Management Perspectives, 59-66. [More for Explanatory Memorandum?]personal autonomy.
Amendment 134 #
2023/0311(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Examples of special conditions or preferential treatment include free access, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels, priority access, designated seats in parks and other public areas, accessible seating in cultural or public events, personal assistance, assistance animals (particularly guide dogs or assistance dogs for persons with visual disabilities), assistance on the beach to enter the water, support (such as access to braille, audio guides, sign language interpretation), provisions of aids or assistance, loan of a wheelchair, loan of a floating wheelchair, obtaining tourist information in accessible formats, using a mobility scooter on roads or a wheelchair in bike lanes without a fine, etc. Parking conditions and facilities include extended parking or reserved parking spaces. With respect to passenger transport services, in addition to the special conditions or preferential treatment offered to persons with disabilities, in accordance with national legislation or practices, assistance animals (particularly guide dogs or assistance dogs for persons with visual disabilities), personal assistants or other persons accompanying or assisting persons with disabilities (or reduced mobility) may travel free of charge or be seated, where practicable next to the person with disabilities. Persons accompanying or assisting persons with disabilities are designated by the persons with disabilities themselves or their legal guardian(s) and can change on an ad hoc basis provided there is explicit consent by the persons with disabilities or their legal guardian(s) depending on their needs.
Amendment 142 #
2023/0311(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) The issuance and renewal of the European Disability Card and the European Parking Card for persons with disabilities should always be and remain free of charge.
Amendment 146 #
2023/0311(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) In order to strengthen the utility and impact of the European Parking Card for persons with disabilities, the Commission should establish a publicly available Union database, based on information provided and regularly updated by the Member States, in order to inform persons with disabilities of the different parking conditions and facilities offered for persons with disabilities in each Member State and its regions, cities, and municipalities. This Union database should be available in a public and fully accessible Union website dedicated to the European Disability Card and the European Parking Card for persons with disabilities.
Amendment 154 #
2023/0311(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In order to guarantee that workers with disabilities can effectively exercise their rights to free movement fully and also enjoy services, activities and facilities offered by Member States, including when provided not for remuneration, the European Disability Card and the European Parking Card for persons with disabilities should also be available to workers who travel to or visit another Member State for work-related purposalso applies to mobile workers, including frontier and cross-border workers with disabilities.
Amendment 155 #
2023/0311(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The envisaged framework for mutual recognition of the European Disability Card and the European Parking Card for persons with disabilities does not impinge on the competences of a Member State to assess and recognise the disability status and to grant special conditions, such as free access, reduced tariffs or preferential treatment for persons with disabilities and/or person(s) accompanying or assisting them including personal assistant(s). It does not cover social security benefits, social protection or social assistance covered by Article 24(2) of Directive 2004/38/EC of the European Parliament and of the Council56 . _________________ 56 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens20. Social security benefits, social protection and social assistance should be covered in certain time-limited instances, either when moving to another Member State for work or study or while being part of theany Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, OJ L 158, 30.4.2004, p. 77or national initiatives and/or any mobility programmes, to allow for the temporary continued recognition of the disability status while the persons with disabilities are undergoing the reassessment process to have their disability status recognised by another Member State.
Amendment 159 #
2023/0311(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to raise awareness and facilitate access to special conditions or preferential treatment for persons with disabilities, while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practices, and procedures applicable to obtain the European Disability Card and/or the European Parking Card for persons with disabilities and its subsequent use should be made publicly available by Member States in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities, accessible formats, for persons with disabilities including in digital formats, national sign languages and easy-to-read, and upon request in assistive formats requested by persons with disabilities, respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. Private operators or public authorities granting special conditions or preferential treatment to persons with disabilities should make such information publicly available in a clear, comprehensive, user- friendly manner and accessible formats, for persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882.
Amendment 165 #
2023/0311(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) Member States should ensure that private operators or public authorities make information on any special conditions or preferential treatment publicly available in a clear, comprehensive, user-friendly and easily accessible way and in accessible formats. The Commission should establish a single dedicated website, available in all official languages, collating the special conditions or preferential treatment offered by their public authorities. Member States should facilitate information concerning the special conditions or preferential treatment offered by private operators on the website where available and to update this information regularly according to any national legislation changes.
Amendment 176 #
2023/0311(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Member States should ensure that adequate and effective means exist to ensure compliance with this Directive and should therefore establish appropriate remedies, including checks on compliance and administrative and judicial procedures, to guarantee that persons with disabilities, person(s) accompanying or assisting them including personal assistant(s), as well as public bodies such as equality bodies or private associations, organisations in particular representative organisations of persons with disabilities or other legal entities which have a legitimate interest may take action on behalf of a person with disabilities under national law. Persons with disabilities should further have a right to redress, including adequate compensation, in case of infringements of their rights arising from this Directive. Member States should ensure these provisions comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation.
Amendment 205 #
2023/0311(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. Paragraph 2 shall not apply in the following time-limited and momentary situations in order to ensure equal treatment and equal access between national and other Union citizens with disabilities: a) where European Disability Card holders move to another Member State to engage in an employment contract or enrol in an educational institution until such time as their disability status is re- assessed and formally recognised by the competent authorities in the other Member State or b) where a European Disability Card holder participates in any Union initiative and/or any mobility programme.
Amendment 226 #
2023/0311(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) “special conditions or preferential treatment” means any specific conditions, including those related to financial conditions, or any differentiated treatment related to assistance and support such as free access, reduced tariffs, priority access, offered to persons with disabilities and/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s) or assistance animals, such as guide dogs or assistance dogs, recognised in accordance with the national legislation or practices as such, irrespective of whether provided on a voluntary basis or imposed by legal obligations;
Amendment 275 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall introduce the European Disability Card following the common standardised format set out in Annex Iand the universal accessibility requirements set out in Annex I. Member States shall provide the option to persons with disabilities, when applying for the card to the relevant authorities, to display their required reasonable accommodation via the relevant symbols on the Card. Member States shall introduce digital features in physical cards using electronic means addressing fraud- prevention as part of the European Disability Card, as soon as the requirements concerning the digital features referred to in Annex I, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Disability Card in Annex I.
Amendment 287 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Disability Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities. It shall be issued and renewed within the samwhere already provided for in the national disability assessment and recognition procedure, or upon application by the person with disabilities. It shall be issued and renewed free of charge for the beneficiary and within a reasonable period from the date of the application which shall not exceed either 60 days or the period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities whichever is shorter.
Amendment 297 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their or their legal guardian(s)´ approval, may appeal a decision by the competent authorities regarding the issuance, renewal or withdrawal of a European Disability Card.
Amendment 310 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement this Directive in order to set the digital format of the European Disability Card and ensure interoperability, and to amend Annex I in order to modify the common features of the standardised format, adapt the format to technical developments, introduce digital features in order to prevent forgery and fraud, address abuse or misuse and ensure accessibility and interoperability.
Amendment 326 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The European Parking Card for persons with disabilities shall be issued or renewed by the Member State of residence upon application by the person with disabilities. It shall be issued or renewed free of charge for the beneficiary and within a reasonable period from the date of the application which shall not exceed 60 days.
Amendment 331 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their or their legal guardian(s)´ approval, may appeal a decision by the competent authorities regarding the issuance, renewal or withdrawal of a European Parking Card.
Amendment 341 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. The Commission shall establish a publicly available Union database that contains all relevant information related to the applicable parking conditions and facilities as defined at local, regional, or national level in each Member State. The database shall be available in all EU languages and in accessible formats. The database shall be available in the single website, in all official languages, collating the special conditions or preferential treatment offered by their public authorities. Member States shall facilitate information concerning the special conditions or preferential treatment offered by private operators on the website where available and to update this information regularly according to any national legislation changes.
Amendment 400 #
2023/0311(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making as well as persons with disabilities and their representative organisations.
Amendment 406 #
2023/0311(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall be assisted by a committee and shall meaningfully involve representative organisations of persons with disabilities. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 411 #
2023/0311(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. Participation and permanent dialogue with civil society organisations and associations representing persons with disabilities shall be promoted.
Amendment 413 #
2023/0311(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) provisions whereby public bodies such as equality bodies or private associations, organisations in particular representative organisations of persons with disabilities or other legal entities which have a legitimate interest in ensuring that the provisions of this Directive are complied with may take action in accordance with national law and procedures before the courts or before the competent administrative bodies on behalf or in support of a person with disabilities, with his or hetheir approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.
Amendment 416 #
2023/0311(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that private operators or public authorities make information on any special conditions or preferential treatment pursuant to Article 5 publicly available in accessible format clear, comprehensive, user-friendly and easily accessible way and in accessible formats. The Commission shall establish a single dedicated website, available in all EU languages, including all of the EU’s national sign languages for audio and video content and in accessible formats, collating the special conditions or preferential treatment offered by their public authorities. Member States shall facilitate information concerning the special conditions or preferential treatment offered by public and private operators on the website where available and to update this information regularly according to any national legislation changes.
Amendment 431 #
2023/0311(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By dd/mm/yy [threewo years after the date of application of this Directive], and every fivthree years thereafter, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.
Amendment 433 #
2023/0311(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The report shall address, inter alia, in the light of social, economic developmentsand other relevant developments, including technological, the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this Directive.
Amendment 441 #
2023/0311(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall adopt and publish, by dd/mm/yy [within 182 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 445 #
2023/0311(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. They shall apply those provisions from dd/mm/yy [3024 months from the date of entry into force of this Directive].
Amendment 464 #
2023/0311(COD)
Proposal for a directive
Annex I a (new)
Annex I a (new)
The card shall have a QR code containing all data included in the card in accessible format duly defined and indicated by an embossed stamp, fully compliant with data protection legislation.
Amendment 474 #
2023/0311(COD)
Proposal for a directive
Annex II – point 3 – point b – indent 1
Annex II – point 3 – point b – indent 1
– in capital letters, the words ‘European Parking Card for persons with disabilities’ in the language(s) of the Member State issuing the card and in braille using the Marburg code dimensions; after a suitable space, it shall appear in small type in the other languages of the European Union;
Amendment 480 #
2023/0311(COD)
Proposal for a directive
Annex II a (new)
Annex II a (new)
The card shall have a QR code containing all data included in the card in accessible format duly defined and indicated by an embossed stamp, fully compliant with data protection legislation.
Amendment 1 #
2023/0264(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the economic, social and environmental aspects of fisheries, aquaculture and maritime affairs; stresses their vital role not only in ensuring food sovereignty and resilience of food systemsfood security, but also in boosting the development of the sustainable blue economy and in contributing to the development and revitalisation of coastal areas, especially in the outermost regions; takes the view that maintaining the competitive position of the fisheries and aquaculture sectors must go hand in hand with achieving the social, environmental and economic objectives set out in the common fisheries policy (CFP) as well as in the Green Deal and subsequent strategies;
Amendment 8 #
2023/0264(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that special attention must be devoted to the renewal of small-scale fishing fleets, in order to improve safety and on-board living conditions, energy efficiency and environmental sustainability while ensuring the social and economic resilience of the communities that depend on them; reiterates that fleet renewal can contribute to making the fishery sector more attractive and sustainable, and must not be confused with fleet expansion or, increased fishing capacity; or ability to catch fish;
Amendment 9 #
2023/0264(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to propose further actions to increase the global share of sustainable EU aquaculture production, which contributes to the supply of aquatic protein of high quality and with a low carbon footprint ; calls on the Member States and Commission to make full use of the financial resources available for the EMFAF in order to boost the growth ofsustainably boost this sector’s share of global aquaculture production above its current 2 % by means of specific, acceptable and shared targets for 2030; urges Member States to earmark sufficient funding from the Recovery and Resilience Facility to support the innovation, sustainability and resilience of EU aquaculture sector;
Amendment 13 #
2023/0264(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Encourages Member States to monitor the implementation of the Brexit Adjustment Reserve (BAR) and calls on the Commission to extend the deadline if necessaryto fully cover the adjustment period until 30 of June of 2026, thereby allowing fishers to fully benefit from its resources; insists that the BAR should also be used to help the wholesale and processing sectors, which have been badly affected by this crisis;
Amendment 20 #
2023/0264(BUD)
Draft opinion
Paragraph 14
Paragraph 14
14., Stresses that generational renewal is one of the European fishing sector’s priorities; invites Member States to draw on the EMFAF to finance programmes specifically designed to help young people to take up careers in fisheries, to make the sector more diverse and to encourage people from underrepresented groups, particularly women, to join the sector; calls, in this regard, on the Commission to support the mobilisation of budgetary resources to adapt and improve the working conditions on board fishing vessels and to implement projects to support the creation of an association of young European fishers;
Amendment 8 #
2023/0206(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Regarding the obligation to ensure surveillance of landings of certain pelagic stocks though camera and sensor technologies at Union ports where more than 3 000 tonnes of those stocks are weighed per calendar year, the surveillance measures should be applied to landings exceeding 10 tonnes so as to exclude small-scale coastal and artisanal fishing. The Member States will draw up a list of ports that meet such conditions, excluding ports that have no landings of more than 10 tonnes of those species or where those species are landed by vessels that already have such technologies, in line with Article 13 of the Fisheries Control Regulation. Article 13 of Regulation (EC) No 1224/2009 establishes that Union catching vessels of 18 metres in length overall which pose a high risk of non-compliance with the landing obligation should have an operating remote electronic monitoring system installed on board that includes closed-circuit television and may include other instruments or equipment.
Amendment 8 #
2023/0206(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Regarding the obligation to ensure surveillance of landings of certain pelagic stocks though camera and sensor technologies at Union ports where more than 3 000 tonnes of those stocks are weighed per calendar year, the surveillance measures should be applied to landings exceeding 10 tonnes so as to exclude small-scale coastal and artisanal fishing. The Member States will draw up a list of ports that meet such conditions, excluding ports that have no landings of more than 10 tonnes of those species or where those species are landed by vessels that already have such technologies, in line with Article 13 of the Fisheries Control Regulation. Article 13 of Regulation (EC) No 1224/2009 establishes that Union catching vessels of 18 metres in length overall which pose a high risk of non-compliance with the landing obligation should have an operating remote electronic monitoring system installed on board that includes closed-circuit television and may include other instruments or equipment.
Amendment 12 #
2023/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council and Article 4 of Regulation (EC) No 1224/2009 of the Council shall apply, unless otherwise provided for in this Regulation. The following definitions shall apply:
Amendment 12 #
2023/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council and Article 4 of Regulation (EC) No 1224/2009 of the Council shall apply, unless otherwise provided for in this Regulation. The following definitions shall apply:
Amendment 13 #
2023/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
Amendment 13 #
2023/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
Amendment 14 #
2023/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
13. ‘VMS’ means a satellite-based fishing vessel monitoring system providing the competent authorities with data at regular intervals on the position, course and speed of the fishing vessel;
Amendment 14 #
2023/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
13. ‘VMS’ means a satellite-based fishing vessel monitoring system providing the competent authorities with data at regular intervals on the position, course and speed of the fishing vessel;
Amendment 15 #
2023/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 21
Article 3 – paragraph 1 – point 21
21. ‘electronic fishing logbook’ means the record by computerisedelectronic means of fishing activity details recorded by the master of a fishing vessel and transmitted to the flag State from the prior notification of entry into the Regulatory Area until the exit from the Regulatory Area.
Amendment 15 #
2023/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 21
Article 3 – paragraph 1 – point 21
21. ‘electronic fishing logbook’ means the record by computerisedelectronic means of fishing activity details recorded by the master of a fishing vessel and transmitted to the flag State from the prior notification of entry into the Regulatory Area until the exit from the Regulatory Area.
Amendment 16 #
2023/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
22. ‘FMC’ means a land-based fisheries monitoring centre of the flag State as defined in Article 4, point (15), of Regulation (EC) 1224/2009 of the Council;
Amendment 16 #
2023/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
22. ‘FMC’ means a land-based fisheries monitoring centre of the flag State as defined in Article 4, point (15), of Regulation (EC) 1224/2009 of the Council;
Amendment 17 #
2023/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 26
Article 3 – paragraph 1 – point 26
Amendment 17 #
2023/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 26
Article 3 – paragraph 1 – point 26
Amendment 18 #
2023/0206(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Masters of Union fishing vesselember States shall implement temporary closures in the areas identified by NEAFC following information on encounters with possible VMEs until the NEAFC Secretariat notifies the re-opening of those areas.
Amendment 18 #
2023/0206(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Masters of Union fishing vesselember States shall implement temporary closures in the areas identified by NEAFC following information on encounters with possible VMEs until the NEAFC Secretariat notifies the re-opening of those areas.
Amendment 19 #
2023/0206(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
(d) provide a report of the results, including all raw data collected, of the exploratory bottom fishing activities to ICES and the Commission, which shall forward it to the NEAFC Secretariat.
Amendment 19 #
2023/0206(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
(d) provide a report of the results, including all raw data collected, of the exploratory bottom fishing activities to ICES and the Commission, which shall forward it to the NEAFC Secretariat.
Amendment 20 #
2023/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall send by electronic means to the Commission the information of all fishing vessels flying their flag and registered in the Union which they intend to authorise to conduct fishing activities in the Regulatory Area. This information shall be sent by 15 December each year for the following year or in any case 15 days before the vessel’s entry into the Regulatory Area.
Amendment 20 #
2023/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall send by electronic means to the Commission the information of all fishing vessels flying their flag and registered in the Union which they intend to authorise to conduct fishing activities in the Regulatory Area. This information shall be sent by 15 December each year for the following year or in any case 15 days before the vessel’s entry into the Regulatory Area.
Amendment 21 #
2023/0206(COD)
Proposal for a regulation
Article 8 – paragraph 5 – point c
Article 8 – paragraph 5 – point c
(c) ensure that fishing vessels flying its flag comply with applicable recommendations adopted by NEAFCthis Regulation; and
Amendment 21 #
2023/0206(COD)
Proposal for a regulation
Article 8 – paragraph 5 – point c
Article 8 – paragraph 5 – point c
(c) ensure that fishing vessels flying its flag comply with applicable recommendations adopted by NEAFCthis Regulation; and
Amendment 22 #
2023/0206(COD)
Proposal for a regulation
Article 8 – paragraph 6 – point b
Article 8 – paragraph 6 – point b
(b) IMO number (where available)or, if not applicable, other unique vessel identifier;
Amendment 22 #
2023/0206(COD)
Proposal for a regulation
Article 8 – paragraph 6 – point b
Article 8 – paragraph 6 – point b
(b) IMO number (where available)or, if not applicable, other unique vessel identifier;
Amendment 23 #
2023/0206(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) IMO number if subject to IMO Resolution A.1078(28) or, if not applicable, other unique vessel identifier;
Amendment 23 #
2023/0206(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) IMO number if subject to IMO Resolution A.1078(28) or, if not applicable, other unique vessel identifier;
Amendment 24 #
2023/0206(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The documents referred to in Article 7(2) and (3) of Implementing Regulation (EU) 404/2011 for Union fishing vessels of 17 metres length overall or more with fish rooms and for Union vessels with chilled or refrigerated seawater tanks shall be checked at regular intervals by the competent authority of the flag Member State.
Amendment 24 #
2023/0206(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The documents referred to in Article 7(2) and (3) of Implementing Regulation (EU) 404/2011 for Union fishing vessels of 17 metres length overall or more with fish rooms and for Union vessels with chilled or refrigerated seawater tanks shall be checked at regular intervals by the competent authority of the flag Member State.
Amendment 25 #
2023/0206(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. It shall be prohibited to deploy fishing gear that is not marked, if marking is required, or if the marking contravenes the requirements referred to in paragraph 1. NEAFC fisheries inspectors may remove and dispose of a fishing gear with non- compliant marking, as well as fish that are found in the gear. The fish that are found in the gear shall be donated to charitable organisations or organisations that benefit public interest and if not proper for human consumption disposed in accordance with national law consistent with Union law.
Amendment 25 #
2023/0206(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. It shall be prohibited to deploy fishing gear that is not marked, if marking is required, or if the marking contravenes the requirements referred to in paragraph 1. NEAFC fisheries inspectors may remove and dispose of a fishing gear with non- compliant marking, as well as fish that are found in the gear. The fish that are found in the gear shall be donated to charitable organisations or organisations that benefit public interest and if not proper for human consumption disposed in accordance with national law consistent with Union law.
Amendment 26 #
2023/0206(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 26 #
2023/0206(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 27 #
2023/0206(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. In addition to tThe information referred to in Article 14(7) and 48 of Council Regulation (EC) 1224/2009 required in those cases where the lost gear cannot be retrieved, Union fishing vessels shall notify the competent authorities of its flag Member State within 24 hours of the following:
Amendment 27 #
2023/0206(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. In addition to tThe information referred to in Article 14(7) and 48 of Council Regulation (EC) 1224/2009 required in those cases where the lost gear cannot be retrieved, Union fishing vessels shall notify the competent authorities of its flag Member State within 24 hours of the following:
Amendment 28 #
2023/0206(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 28 #
2023/0206(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 29 #
2023/0206(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 29 #
2023/0206(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 30 #
2023/0206(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 30 #
2023/0206(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 31 #
2023/0206(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall undertake to retrieve on a regular basis lost fixed gears belonging to vessels flying their flag. If gear is retrieved that has not been reported as lost, the Member State or other Contracting Party that retrieved the gear may recover the cost from the master of the vessel that has lost the gear.
Amendment 31 #
2023/0206(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall undertake to retrieve on a regular basis lost fixed gears belonging to vessels flying their flag. If gear is retrieved that has not been reported as lost, the Member State or other Contracting Party that retrieved the gear may recover the cost from the master of the vessel that has lost the gear.
Amendment 32 #
2023/0206(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The electronic fishing logbook data forwardtransmitted by the master and stored at the FMC shall be considered as the official data. These data and any changes thereof shall be notified to the NEAFC Secretariat by the FMC without delay.
Amendment 32 #
2023/0206(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The electronic fishing logbook data forwardtransmitted by the master and stored at the FMC shall be considered as the official data. These data and any changes thereof shall be notified to the NEAFC Secretariat by the FMC without delay.
Amendment 33 #
2023/0206(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
Article 13 – paragraph 3 – point b – point iii
iii. the list of codes of product form, type of packing and type of container shall be in accordance with the NEAFC Master Data Register available on the NEAFC website or presentation, preservation state of the resource, type of packing or container shall be in accordance with Annex VI a (new).
Amendment 33 #
2023/0206(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
Article 13 – paragraph 3 – point b – point iii
iii. the list of codes of product form, type of packing and type of container shall be in accordance with the NEAFC Master Data Register available on the NEAFC website or presentation, preservation state of the resource, type of packing or container shall be in accordance with Annex VI a (new).
Amendment 34 #
2023/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) transmit the electronic fishing logbook data by electronic means to their FMC, including at a minimum the data set out in Annex VII including all catches when the vessel engaged in fishing activities for fishery resources;
Amendment 34 #
2023/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) transmit the electronic fishing logbook data by electronic means to their FMC, including at a minimum the data set out in Annex VII including all catches when the vessel engaged in fishing activities for fishery resources;
Amendment 35 #
2023/0206(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) communicate reports of transhipments in accordance with the specification and format set out in Annex VII by electronic means to their FMC. These reports shall include the quantities on-loaded and off-loaded for each transhipment. The master of a Union donor fishing vessels shall transmit a donor transhipment notification report at least 24 hours in advance of the starting time of transhipment. The master of a Union receiver fishing vessel shall make a receiver transhipment declaration report no later than 1 hour after the end time of the transhipment. The reports shall include the date, time, geographical position of the planned transhipment and total round weight by species to be off-loaded or which have been on-loaded in kilograms and the identification of vessels transhipped to or from, respectively;
Amendment 35 #
2023/0206(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) communicate reports of transhipments in accordance with the specification and format set out in Annex VII by electronic means to their FMC. These reports shall include the quantities on-loaded and off-loaded for each transhipment. The master of a Union donor fishing vessels shall transmit a donor transhipment notification report at least 24 hours in advance of the starting time of transhipment. The master of a Union receiver fishing vessel shall make a receiver transhipment declaration report no later than 1 hour after the end time of the transhipment. The reports shall include the date, time, geographical position of the planned transhipment and total round weight by species to be off-loaded or which have been on-loaded in kilograms and the identification of vessels transhipped to or from, respectively;
Amendment 36 #
2023/0206(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) transhipment operations may only commence after the authorisations have been given by the flag Member State or Contracting Party of the receiving vessel. In the case of EU receiver vessels, the flag Member State shall transmit the authorisation to tranship without delay to the NEAFC Secretariat with the Commission and EFCA in copy; and
Amendment 36 #
2023/0206(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) transhipment operations may only commence after the authorisations have been given by the flag Member State or Contracting Party of the receiving vessel. In the case of EU receiver vessels, the flag Member State shall transmit the authorisation to tranship without delay to the NEAFC Secretariat with the Commission and EFCA in copy; and
Amendment 37 #
2023/0206(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) without prejudice to the provisions in Section 5, subsequent to having been involved in a transhipment operation at sea involving fishery resources caught in the Regulatory Area, the master of a Union receiver fishing vessel shall send a port of landing notification report in the format set out in Annex VII, indicating the total catch onboard, total weight to be landed, the name of port and the date and time of landing, at least 24 hours in advance to the start of any landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area.
Amendment 37 #
2023/0206(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) without prejudice to the provisions in Section 5, subsequent to having been involved in a transhipment operation at sea involving fishery resources caught in the Regulatory Area, the master of a Union receiver fishing vessel shall send a port of landing notification report in the format set out in Annex VII, indicating the total catch onboard, total weight to be landed, the name of port and the date and time of landing, at least 24 hours in advance to the start of any landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area.
Amendment 38 #
2023/0206(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. It shall be prohibited to correct the port of landing notification report, but such a report may be cancelled. If a port of landing notification is cancelled and a new one is sent, the time limits specified in paragraph 1the(c) shall apply.
Amendment 38 #
2023/0206(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. It shall be prohibited to correct the port of landing notification report, but such a report may be cancelled. If a port of landing notification is cancelled and a new one is sent, the time limits specified in paragraph 1the(c) shall apply.
Amendment 39 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) establish and operate an FMC to monitor the fishing activities of vessels flying their flag, which shall be equipped with computer hardware and software enabling automatic data processing and electronic data transmission and provide for back-up and recovery procedures in case of system failurescordance to Article 9 and 9a of Regulation (EC) 1224/2009;
Amendment 39 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) establish and operate an FMC to monitor the fishing activities of vessels flying their flag, which shall be equipped with computer hardware and software enabling automatic data processing and electronic data transmission and provide for back-up and recovery procedures in case of system failurescordance to Article 9 and 9a of Regulation (EC) 1224/2009;
Amendment 40 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 40 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 41 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 41 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 42 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
Amendment 42 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
Amendment 43 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d – point i
Article 16 – paragraph 1 – point d – point i
Amendment 43 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d – point i
Article 16 – paragraph 1 – point d – point i
Amendment 44 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d – point ii
Article 16 – paragraph 1 – point d – point ii
Amendment 44 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d – point ii
Article 16 – paragraph 1 – point d – point ii
Amendment 45 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d – point iii
Article 16 – paragraph 1 – point d – point iii
Amendment 45 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d – point iii
Article 16 – paragraph 1 – point d – point iii
Amendment 46 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d – point iv
Article 16 – paragraph 1 – point d – point iv
Amendment 46 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d – point iv
Article 16 – paragraph 1 – point d – point iv
Amendment 47 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) transmit to the NEAFC Secretariat the position reports in real timeas soon as received for vessels flying their flag upon entering into or exiting from the Regulatory Area and at least once every hour when operating in the Regulatory Area;
Amendment 47 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) transmit to the NEAFC Secretariat the position reports in real timeas soon as received for vessels flying their flag upon entering into or exiting from the Regulatory Area and at least once every hour when operating in the Regulatory Area;
Amendment 48 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point g
Article 16 – paragraph 1 – point g
(g) ensure that the data received from its fishing vessels to which VMS requirements applyVMS are recorded in a computer readable form and stored for at least three years; and
Amendment 48 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point g
Article 16 – paragraph 1 – point g
(g) ensure that the data received from its fishing vessels to which VMS requirements applyVMS are recorded in a computer readable form and stored for at least three years; and
Amendment 49 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point h – point ii
Article 16 – paragraph 1 – point h – point ii
ii. ensure that delimitations of closed bottom fishing areas are installcluded and, when needed, updated in their VMS.
Amendment 49 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point h – point ii
Article 16 – paragraph 1 – point h – point ii
ii. ensure that delimitations of closed bottom fishing areas are installcluded and, when needed, updated in their VMS.
Amendment 50 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Masters of Union fishing vessels shall ensure that the satellite tracking devices are fully operational at all times and that the information in paragraph 1 is transmitted to the FMC. In the event of a technical failure or non-operation of the satellite tracking device fitted on board a fishing vessel, the device shall be repaired or replaced within one month of that event. After this period, it shall be prohibited to commence a fishing trip with a defective satellite tracking device. Where a device stops functioning and a fishing trip lasts more than one month, the repair or the replacement has to take place as soon as the vessel enters a port, and the fishing vessel shall not be authorised to continue or commence a fishing trip without the satellite tracking device having been repaired or replaced.
Amendment 50 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Masters of Union fishing vessels shall ensure that the satellite tracking devices are fully operational at all times and that the information in paragraph 1 is transmitted to the FMC. In the event of a technical failure or non-operation of the satellite tracking device fitted on board a fishing vessel, the device shall be repaired or replaced within one month of that event. After this period, it shall be prohibited to commence a fishing trip with a defective satellite tracking device. Where a device stops functioning and a fishing trip lasts more than one month, the repair or the replacement has to take place as soon as the vessel enters a port, and the fishing vessel shall not be authorised to continue or commence a fishing trip without the satellite tracking device having been repaired or replaced.
Amendment 51 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The master of a fishing vessel with a defective VMS tracking device shall communicate, at least every 4 hours, reports containing the information in paragraph 1(da) to the FMC in accordance with the format set out in Annex IX.
Amendment 51 #
2023/0206(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The master of a fishing vessel with a defective VMS tracking device shall communicate, at least every 4 hours, reports containing the information in paragraph 1(da) to the FMC in accordance with the format set out in Annex IX.
Amendment 52 #
2023/0206(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The master of a Union fishing vessel who haflag Member State FMC, when the NEAFC Secretariat status report is not received a posior with negative acknowledgment on a fishing activity report from the NEAFC Secretariat shall immediately make appropriate amendments and resubmit thee, shall request to the master of the Union fishing vessel to resubmit an amended fishing activity report to the flag FMC. If the master still doesstill not received a positive acknowledgment, or if it is no longer possible to amend or resubmit fishing activity reports due to time limits, the master shall contactreceive from the flag Member State FMC to receive the necessary guidance on follow-up procedures, to ensure that the data referred to in Articles 14 and 15 is submitted.
Amendment 52 #
2023/0206(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The master of a Union fishing vessel who haflag Member State FMC, when the NEAFC Secretariat status report is not received a posior with negative acknowledgment on a fishing activity report from the NEAFC Secretariat shall immediately make appropriate amendments and resubmit thee, shall request to the master of the Union fishing vessel to resubmit an amended fishing activity report to the flag FMC. If the master still doesstill not received a positive acknowledgment, or if it is no longer possible to amend or resubmit fishing activity reports due to time limits, the master shall contactreceive from the flag Member State FMC to receive the necessary guidance on follow-up procedures, to ensure that the data referred to in Articles 14 and 15 is submitted.
Amendment 53 #
2023/0206(COD)
Proposal for a regulation
Article 17 – paragraph 6 – introductory part
Article 17 – paragraph 6 – introductory part
6. Union fishing vessels shall be equipped with an electronic recording and reporting system on board, fully operational at all times. In the event of a technical malfunction of the electronic recording and reporting system on board a Union fishing vessel: as set in Articles 13, 14, 15 and 15b of Regulation (EC) 1224/2009.
Amendment 53 #
2023/0206(COD)
Proposal for a regulation
Article 17 – paragraph 6 – introductory part
Article 17 – paragraph 6 – introductory part
6. Union fishing vessels shall be equipped with an electronic recording and reporting system on board, fully operational at all times. In the event of a technical malfunction of the electronic recording and reporting system on board a Union fishing vessel: as set in Articles 13, 14, 15 and 15b of Regulation (EC) 1224/2009.
Amendment 54 #
2023/0206(COD)
Proposal for a regulation
Article 17 – paragraph 6 – point a
Article 17 – paragraph 6 – point a
Amendment 54 #
2023/0206(COD)
Proposal for a regulation
Article 17 – paragraph 6 – point a
Article 17 – paragraph 6 – point a
Amendment 55 #
2023/0206(COD)
Proposal for a regulation
Article 17 – paragraph 6 – point b
Article 17 – paragraph 6 – point b
Amendment 55 #
2023/0206(COD)
Proposal for a regulation
Article 17 – paragraph 6 – point b
Article 17 – paragraph 6 – point b
Amendment 56 #
2023/0206(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States whose fishing vessels are authorised to fish in the Regulatory Area shall assign their inspectors to the NEAFC Scheme to carry out inspection and surveillance activities (NEAFC inspectors).
Amendment 56 #
2023/0206(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States whose fishing vessels are authorised to fish in the Regulatory Area shall assign their inspectors to the NEAFC Scheme to carry out inspection and surveillance activities (NEAFC inspectors).
Amendment 57 #
2023/0206(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member State shall issue a special identity document to each of their NEAFC inspector in accordance with the format set out in Annex XII.
Amendment 57 #
2023/0206(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member State shall issue a special identity document to each of their NEAFC inspector in accordance with the format set out in Annex XII.
Amendment 58 #
2023/0206(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. NEAFC inspectors shall avoid the use of force except in the case of legitimate self-defence. Whenof the Union shall carrying out inspectiontheir duties oin board fishing vessels, NEAFC inspectors shall not carry firearmsaccordance to Article 79 of Regulation (EC) 1224/2009.
Amendment 58 #
2023/0206(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. NEAFC inspectors shall avoid the use of force except in the case of legitimate self-defence. Whenof the Union shall carrying out inspectiontheir duties oin board fishing vessels, NEAFC inspectors shall not carry firearmsaccordance to Article 79 of Regulation (EC) 1224/2009.
Amendment 59 #
2023/0206(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 59 #
2023/0206(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 60 #
2023/0206(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the names and unique numbers of the their NEAFC inspectors, including their e- mail address; and
Amendment 60 #
2023/0206(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the names and unique numbers of the their NEAFC inspectors, including their e- mail address; and
Amendment 61 #
2023/0206(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The inspecting Member State and EFCA shall forward without delay the data from each surveillance report by electronic transmission in a sighting report with a format in accordance with Part 2 of Annex XVI to the flag Member State or Contracting Party of the fishing vessel concerned and to the NEAFC Secretariat, with EFCA in copy. Any images captured during the surveillance shall be forwarded upon request to the flag Member State or Contracting Party of the fishing vessel concerned.
Amendment 61 #
2023/0206(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The inspecting Member State and EFCA shall forward without delay the data from each surveillance report by electronic transmission in a sighting report with a format in accordance with Part 2 of Annex XVI to the flag Member State or Contracting Party of the fishing vessel concerned and to the NEAFC Secretariat, with EFCA in copy. Any images captured during the surveillance shall be forwarded upon request to the flag Member State or Contracting Party of the fishing vessel concerned.
Amendment 62 #
2023/0206(COD)
Proposal for a regulation
Article 23 – paragraph -1 (new)
Article 23 – paragraph -1 (new)
-1. For the purpose of verifying compliance with this Regulation, NEAFC Inspectors are entitled to conduct inspections under provisions of Chapter I of Title VII of Regulation (EC) No 1224/2009.
Amendment 62 #
2023/0206(COD)
Proposal for a regulation
Article 23 – paragraph -1 (new)
Article 23 – paragraph -1 (new)
-1. For the purpose of verifying compliance with this Regulation, NEAFC Inspectors are entitled to conduct inspections under provisions of Chapter I of Title VII of Regulation (EC) No 1224/2009.
Amendment 63 #
2023/0206(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 63 #
2023/0206(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 64 #
2023/0206(COD)
Proposal for a regulation
Article 23 – paragraph 8
Article 23 – paragraph 8
Amendment 64 #
2023/0206(COD)
Proposal for a regulation
Article 23 – paragraph 8
Article 23 – paragraph 8
Amendment 65 #
2023/0206(COD)
Proposal for a regulation
Article 23 – paragraph 12
Article 23 – paragraph 12
12. NEAFC inspectors shall transmit without delay a copy of each inspection report to EFCA and promptly upload the information of the inspection report into the secure part of the NEAFC website. The original or a certified copy of each inspection report shall be forwarded upon request to the flag Member State or Contracting Party of the inspected vessel.
Amendment 65 #
2023/0206(COD)
Proposal for a regulation
Article 23 – paragraph 12
Article 23 – paragraph 12
12. NEAFC inspectors shall transmit without delay a copy of each inspection report to EFCA and promptly upload the information of the inspection report into the secure part of the NEAFC website. The original or a certified copy of each inspection report shall be forwarded upon request to the flag Member State or Contracting Party of the inspected vessel.
Amendment 66 #
2023/0206(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point –a (new)
Article 24 – paragraph 1 – point –a (new)
(-a) apply this article in addition to the general obligations established in Article 75 of Regulation (EC) 1224/2009;
Amendment 66 #
2023/0206(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point –a (new)
Article 24 – paragraph 1 – point –a (new)
(-a) apply this article in addition to the general obligations established in Article 75 of Regulation (EC) 1224/2009;
Amendment 67 #
2023/0206(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
Amendment 67 #
2023/0206(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
Amendment 68 #
2023/0206(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point f
Article 24 – paragraph 1 – point f
Amendment 68 #
2023/0206(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point f
Article 24 – paragraph 1 – point f
Amendment 69 #
2023/0206(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Landing, transhipment and other use of port services shall not be authorised if the port Member State receives clear evidence that the catch on board was taken in contravention of applicable requirements of the flag Member State or a Contracting Party in respect of areas under its national jurisdiction.
Amendment 69 #
2023/0206(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Landing, transhipment and other use of port services shall not be authorised if the port Member State receives clear evidence that the catch on board was taken in contravention of applicable requirements of the flag Member State or a Contracting Party in respect of areas under its national jurisdiction.
Amendment 70 #
2023/0206(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. Member States shall notify, 15 days prior to be effective, any changes in the lists referred to in paragraph 3 to EFCA, which in turn shall forward them without delay to the NEAFC Secretariat with the Commission in copy.
Amendment 70 #
2023/0206(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. Member States shall notify, 15 days prior to be effective, any changes in the lists referred to in paragraph 3 to EFCA, which in turn shall forward them without delay to the NEAFC Secretariat with the Commission in copy.
Amendment 71 #
2023/0206(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. This Article applies in addition to the general obligations established in Article 11375 of Implementing Regulation (EUC) 401224/201109.
Amendment 71 #
2023/0206(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. This Article applies in addition to the general obligations established in Article 11375 of Implementing Regulation (EUC) 401224/201109.
Amendment 72 #
2023/0206(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The master of a fishing vessel which is being inspected or, where relevant, the representative of the master, shall comply with the obligations established in Article 11475 of Implementing Regulation (EUC) 401224/201109 and, as applicable, with the obligations established in Article 24 of this Regulation.
Amendment 72 #
2023/0206(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The master of a fishing vessel which is being inspected or, where relevant, the representative of the master, shall comply with the obligations established in Article 11475 of Implementing Regulation (EUC) 401224/201109 and, as applicable, with the obligations established in Article 24 of this Regulation.
Amendment 73 #
2023/0206(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. If an NEAFC inspector considers that there are clear grounds for believing that the master or the operator of a fishing vessel has committed a serious infringement, that NEAFC inspector shall promptly notify that infringement to the competent authorities of the inspecting Member State, the Commission and EFCA. The inspecting Member State or EFCA, in case the inspection was carried out by the latter, shall forward the information without delay to the NEAFC Secretariat, the competent authorities of the flag State of the vessel and, where appropriate, to the flag State or States of the donor vessels when the inspected vessel has engaged in transhipment operations.
Amendment 73 #
2023/0206(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. If an NEAFC inspector considers that there are clear grounds for believing that the master or the operator of a fishing vessel has committed a serious infringement, that NEAFC inspector shall promptly notify that infringement to the competent authorities of the inspecting Member State, the Commission and EFCA. The inspecting Member State or EFCA, in case the inspection was carried out by the latter, shall forward the information without delay to the NEAFC Secretariat, the competent authorities of the flag State of the vessel and, where appropriate, to the flag State or States of the donor vessels when the inspected vessel has engaged in transhipment operations.
Amendment 74 #
2023/0206(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. In order to preserve the evidence, the NEAFC inspector shall take all necessary measures to ensure the security and continuity thereof whilst minimising inconvenience to the vessel and interference with its operations.
Amendment 74 #
2023/0206(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. In order to preserve the evidence, the NEAFC inspector shall take all necessary measures to ensure the security and continuity thereof whilst minimising inconvenience to the vessel and interference with its operations.
Amendment 75 #
2023/0206(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. In the case of an inspection at sea in the Regulatory Area, the NEAFC inspector is entitled to remain on board the fishing vessel for the period necessary to provide information to an NEAFC inspector duly authorised by the flag Member State or flag Contracting Party or until the response of the flag Member State or flag Contracting Party requires the inspector to leave the fishing vessel.
Amendment 75 #
2023/0206(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. In the case of an inspection at sea in the Regulatory Area, the NEAFC inspector is entitled to remain on board the fishing vessel for the period necessary to provide information to an NEAFC inspector duly authorised by the flag Member State or flag Contracting Party or until the response of the flag Member State or flag Contracting Party requires the inspector to leave the fishing vessel.
Amendment 76 #
2023/0206(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Flag Member State shall respond to a notification of serious infringement without delay and shall ensure that the Union fishing vessel concerned is inspected within 72 hours by an NEAFC inspector duly authorised in relation to the infringement.
Amendment 76 #
2023/0206(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Flag Member State shall respond to a notification of serious infringement without delay and shall ensure that the Union fishing vessel concerned is inspected within 72 hours by an NEAFC inspector duly authorised in relation to the infringement.
Amendment 77 #
2023/0206(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Member State shall ensure that appropriate measures are systematically taken, including administrative action or criminal proceedings in conformity with their national law, against the natural or legal persons responsible for a breach of the conservation and management measures adopted by NEAFCset in this Regulation.
Amendment 77 #
2023/0206(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Member State shall ensure that appropriate measures are systematically taken, including administrative action or criminal proceedings in conformity with their national law, against the natural or legal persons responsible for a breach of the conservation and management measures adopted by NEAFCset in this Regulation.
Amendment 80 #
2023/0206(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. PortThe Member States shall ensudraw up a list of ports where surveillance by camera and sensor technologies is guaranteed at landing and processing facilities for landings of more than 10 tonnes and where more than 3, 000 tonnes per year of the species referred to in Article 48 are weighed, excluding from that obligation ports where landings are carried out by vessels that fish in the area regulated by the NEAFC Convention and that, in line with Article 13 of Regulation (EC) No 1224/2009, have operating remote electronic monitoring devices installed which include closed-circuit television.
Amendment 80 #
2023/0206(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. PortThe Member States shall ensudraw up a list of ports where surveillance by camera and sensor technologies is guaranteed at landing and processing facilities for landings of more than 10 tonnes and where more than 3, 000 tonnes per year of the species referred to in Article 48 are weighed, excluding from that obligation ports where landings are carried out by vessels that fish in the area regulated by the NEAFC Convention and that, in line with Article 13 of Regulation (EC) No 1224/2009, have operating remote electronic monitoring devices installed which include closed-circuit television.
Amendment 82 #
2023/0206(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point o a (new)
Article 54 – paragraph 1 – point o a (new)
(oa) list of codes of product from or presentation, preservation state of the resource, type of packing or container to be used in production logbook set in in Annex VI a (new);
Amendment 82 #
2023/0206(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point o a (new)
Article 54 – paragraph 1 – point o a (new)
(oa) list of codes of product from or presentation, preservation state of the resource, type of packing or container to be used in production logbook set in in Annex VI a (new);
Amendment 83 #
2023/0206(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point a
Article 54 – paragraph 3 – point a
Amendment 83 #
2023/0206(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point a
Article 54 – paragraph 3 – point a
Amendment 84 #
2023/0206(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
Amendment 84 #
2023/0206(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
Amendment 85 #
2023/0206(COD)
Proposal for a regulation
Annex VI – paragraph 1
Annex VI – paragraph 1
The relevant code lists shall be in accordance with the NEAFC Master Data Register available at https://www.neafc.org/mdrAnnex VI a (new).
Amendment 85 #
2023/0206(COD)
Proposal for a regulation
Annex VI – paragraph 1
Annex VI – paragraph 1
The relevant code lists shall be in accordance with the NEAFC Master Data Register available at https://www.neafc.org/mdrAnnex VI a (new).
Amendment 86 #
2023/0206(COD)
Proposal for a regulation
Annex VI a (new)
Annex VI a (new)
LIST OF CODES OF PRODUCT FROM OR PRESENTATION, PRESERVATION STATE OF THE RESOURCE, TYPE OF PACKING OR CONTAINER TO BE USED IN PRODUCTION LOGBOOK 1. The form or presentation of a processed resource's cut or part. Code Presentation Description CBF Cod butterfly (escalado) HEA with skin on, spine on, tail on CLA Claws Claws only DWT ICCAT code Gilled, gutted, part of head off, fins off FIA Filleted without skin, FIS without belly without belly Code Presentation Description FIL Filleted HEA + GUT + TLD + bones off Each fish originates two fillets FIS Filleted and skinned fillets FIL+SKI Each fish originates two fillets not joined by any part FMF Fish meal Fish meal from whole fish FSB Filleted with skin and Filleted with skin and bones on bones FSP Filleted skinned with Filleted with skin removed and pinbone on pinbone GHT Gutted headed and tailed GUH+TLD GUG Gutted and gilled Guts and gills removed GUH Gutted and headed Guts and head removed GUL Gutted liver in GUT without removing liver parts GUS Gutted headed and skinned GUH+SKI GUT Gutted All guts removed HEA Headed Heads off HED Heads Heads only HET Headed and tailed Heads and tails off JAP Japanese cut Transversal cut removing all parts from head to belly Code Presentation Description JAT Tailed Japanese cut Japanese cut with tail removed LAP Lappen Double fillet, HEA, skin + tails + fins ON LGS Leg section Legs in section (crab) LVR Liver Liver only. In case of collective presentation* use code LVR-C OTH Other Any other presentation ROE Roe (s) Roe(s) only. In case of collective presentation* use code ROE-C SAD Salted dry Headed with skin on, spine on, tail on and salted dry SAL Salted wet light CBF + salted SGH Salted, gutted and headed GUH + salted SGT Salted gutted GUT+salted SKI Skinned Skin off SUR Surimi Surimi TAL Tail Tails only TLD Tailed Tail off TNG Tongue Tongue only. In case of collective presentation* use code TNG-C Code Presentation Description TUB Tube only Tube only (Squid) WHL Whole No processing WNG Wings Wings only 2. The preservation state of the resource Code Description FRE Fresh FRZ Frozen OTH Any other processing 3. The type of packing or container in where the resource is Code Name Type Description BGS Bags Packaging Catch delivered in bags BLC Blocks Packaging Catch delivered in blocks BOX Boxes Packaging Catch delivered in boxes BUL Bulk Fish Packaging Catch delivered in bulk CRT Cartons Packaging Catch delivered in cartons CNT Containers Container Catch delivered in containers CSW Chilled Sea Water Container Catch delivered in sea water tank cooled by Code Name Type Description Tanks adding ice (fixed or portable) FOO Fish Oil Other Container Fish oil delivered in any other container FOT Fish Oil Tank Container Fish oil delivered in tanks specifically for oil RSW Refrigerated Sea Container Catch delivered in mechanically refrigerated sea Water Tanks water tank (fixed or portable) TNK Tank Container Catch delivered in tanks not covered by other descriptions
Amendment 86 #
2023/0206(COD)
Proposal for a regulation
Annex VI a (new)
Annex VI a (new)
LIST OF CODES OF PRODUCT FROM OR PRESENTATION, PRESERVATION STATE OF THE RESOURCE, TYPE OF PACKING OR CONTAINER TO BE USED IN PRODUCTION LOGBOOK 1. The form or presentation of a processed resource's cut or part. Code Presentation Description CBF Cod butterfly (escalado) HEA with skin on, spine on, tail on CLA Claws Claws only DWT ICCAT code Gilled, gutted, part of head off, fins off FIA Filleted without skin, FIS without belly without belly Code Presentation Description FIL Filleted HEA + GUT + TLD + bones off Each fish originates two fillets FIS Filleted and skinned fillets FIL+SKI Each fish originates two fillets not joined by any part FMF Fish meal Fish meal from whole fish FSB Filleted with skin and Filleted with skin and bones on bones FSP Filleted skinned with Filleted with skin removed and pinbone on pinbone GHT Gutted headed and tailed GUH+TLD GUG Gutted and gilled Guts and gills removed GUH Gutted and headed Guts and head removed GUL Gutted liver in GUT without removing liver parts GUS Gutted headed and skinned GUH+SKI GUT Gutted All guts removed HEA Headed Heads off HED Heads Heads only HET Headed and tailed Heads and tails off JAP Japanese cut Transversal cut removing all parts from head to belly Code Presentation Description JAT Tailed Japanese cut Japanese cut with tail removed LAP Lappen Double fillet, HEA, skin + tails + fins ON LGS Leg section Legs in section (crab) LVR Liver Liver only. In case of collective presentation* use code LVR-C OTH Other Any other presentation ROE Roe (s) Roe(s) only. In case of collective presentation* use code ROE-C SAD Salted dry Headed with skin on, spine on, tail on and salted dry SAL Salted wet light CBF + salted SGH Salted, gutted and headed GUH + salted SGT Salted gutted GUT+salted SKI Skinned Skin off SUR Surimi Surimi TAL Tail Tails only TLD Tailed Tail off TNG Tongue Tongue only. In case of collective presentation* use code TNG-C Code Presentation Description TUB Tube only Tube only (Squid) WHL Whole No processing WNG Wings Wings only 2. The preservation state of the resource Code Description FRE Fresh FRZ Frozen OTH Any other processing 3. The type of packing or container in where the resource is Code Name Type Description BGS Bags Packaging Catch delivered in bags BLC Blocks Packaging Catch delivered in blocks BOX Boxes Packaging Catch delivered in boxes BUL Bulk Fish Packaging Catch delivered in bulk CRT Cartons Packaging Catch delivered in cartons CNT Containers Container Catch delivered in containers CSW Chilled Sea Water Container Catch delivered in sea water tank cooled by Code Name Type Description Tanks adding ice (fixed or portable) FOO Fish Oil Other Container Fish oil delivered in any other container FOT Fish Oil Tank Container Fish oil delivered in tanks specifically for oil RSW Refrigerated Sea Container Catch delivered in mechanically refrigerated sea Water Tanks water tank (fixed or portable) TNK Tank Container Catch delivered in tanks not covered by other descriptions
Amendment 35 #
2023/0008(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) European statistics on population and housing are required for the design, implementation and evaluation of Union policies, in particular those addressing the demographic change, the green and digital transformations, the promotion of energy efficiency, economic, social and territorial cohesion, implementing the principles of the European Pillar of Social Rights and achieving the Sustainable Development Goals of the United Nations (UN) 2030 Agenda.
Amendment 39 #
2023/0008(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To achieve the targets of the European Green Deal and the European Pillar of Social Rights Action Plan, to tackle the economic and social crises caused by the Russian war of aggression in Ukraine and to fight the cost-of-living crisis, the development and evaluation of effective policies require enhanced statistics relating to the energy use and efficiency of housing, detailed geographical data on the distribution of the population as well as deeper studies of the relationship between population and housing. With the COVID-19 pandemic the need for reliable, high frequency and timely statistics on deaths in the Union was manifested. While data needs were met with a voluntary data collection from Member States to the Commission (Eurostat), the Union needs an adequate mechanism for mandatory collection of such data within the European Statistical System (ESS) with the necessary frequency, timeliness and detail.
Amendment 47 #
2023/0008(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rapidly changing nature of some population and housing characteristics, in particular in relation to demographic and migration phenomena, and the corresponding need for a prompt targeting and adaptation of policies means that there is a need for statistics to be available on a timely basis soon after the reference period. The periodicity and timeliness of statistics should be therefore tangibly advanced. To this end, the Member States should provide adequate resources for their national statistical institutes.
Amendment 54 #
2023/0008(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The current legal framework for European statistics on population and housing needs to be updated to ensure that the presently separate statistical processes are adequately integrated in a common framework which allows the ESS to respond effectively to new information needs of the Union and encourage statistical innovations. Statistical output must enhance to remain relevant in the face of demographic, migratory, social and economic changes in societyand challenges.
Amendment 59 #
2023/0008(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Privately held data can improve the coverage, timeliness and crisis response capacities of European statistics on population and housing or to enable statistical innovation. Such data have the potential to complement existing demography and migration statistics, bring statistical innovation and even serve for production of early estimates. The national statistical institutes and other competent national authorities and the Commission (Eurostat) should have access to and use such data, based on specific data-sharing protocols.
Amendment 63 #
2023/0008(COD)
Proposal for a regulation
Recital 26 b (new)
Recital 26 b (new)
(26b) Adequate, timely and effective policies presuppose reliable and comparable data, disaggregated by gender, age, nationality, ethnic origin, disability, socio-economic status, geographical area, and other parameters in accordance with the United Nations Fundamental Principles of Official Statistics. This data is relevant to better understand population and housing trends, to combat intersectional discrimination and to implement and assess Union policies, objectives and actions, such as the European Pillar of Social Rights, the European Child Guarantee, the European Care Strategy, the European Strategy for the Rights of Persons with Disabilities and the European Platform on Combatting Homelessness, all of which rely heavily on data about households and families. The collection and the use of such data must be conducted with full respect of Union and national privacy and fundamental rights standards, particularly in statistical research involving minors.
Amendment 64 #
2023/0008(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) European statistics on population and housing should address the persistent lack of data regarding vulnerable groups (hard-to-reach population groups), such as persons residing in institutions (e.g. military institutions, correctional and penal institutions, dormitories of schools and universities, religious institutions, hospitals, residential care centres, institutions for persons with disabilities and orphanages), persons aged 75+, persons with disabilities, homeless people, persons with migrant background and stateless persons. In order to bridge this data divide and to prevent social and economic inequalities arising from it, the Member States should develop strategies and targeted solutions for collecting data about hard-to-reach population groups, in particular with regard to locating, contacting, persuading and interviewing such populations.
Amendment 76 #
2023/0008(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8a) ‘hard-to-reach population groups’ means groups of individuals for whom a real or perceived barrier exists for full and representative inclusion in the collection of statistical data;
Amendment 78 #
2023/0008(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
(12a) ‘institution’ means a collective living quarter for the purpose of long- term inhabitation and provision of services to a group of persons;
Amendment 79 #
2023/0008(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘family’ means a group of two or more persons who live in the same household or in multiple households and who are related through parenthood or through marital, registered or consensual union partnership;
Amendment 85 #
2023/0008(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) buildings intended for habitation, living quarters and conventional dwellings, including institutions.
Amendment 87 #
2023/0008(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) families and households.;
Amendment 88 #
Amendment 105 #
2023/0008(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point b a (new)
Article 12 – paragraph 2 – point b a (new)
(ba) disaggregate data, where relevant, by age, gender, disability, socio-economic status and other characteristics, in accordance with the United Nations Fundamental Principles of Official Statistics;
Amendment 108 #
2023/0008(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point f
Article 12 – paragraph 2 – point f
(f) reduceavoid possible risks of undercounting or double counting related to asymmetries of migration flows;
Amendment 114 #
2023/0008(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. At the request of the Commission (Eurostat), Member States shall provide necessary additional clarifications to evaluate the quality of the statistics without undue delay.
Amendment 8 #
2022/2207(INI)
Motion for a resolution
Citation 33
Citation 33
Amendment 11 #
2022/2207(INI)
Motion for a resolution
Citation 38
Citation 38
– having regard to Cedefop’s report entitled ‘Skills forecast: trends and challenges to 2030’, the joint Cedefop Eurofound report entitled ‘Fostering skills use for sustained business performance: Evidence from the European Company Survey,1a _________________ 1a https://www.eurofound.europa.eu/sites/def ault/files/ef_publication/field_ef_docume nt/ef21010en.pdf
Amendment 18 #
2022/2207(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the futureimportance of vocational education and training (VET) and in particular the upskilling and reskilling of workers will require two types of change among workers: upskilling and reskillingfurther increase, not least due to the digital and green transitions; whereas decent working conditions are essential to retain and attract skilled workers; whereas training provided to workers by their employer must not negatively affect worker’s remuneration and should include a more general and broad set of skills and competences, combined with specific needs;
Amendment 23 #
2022/2207(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the digital and green transitions can only become a success if workers are provided with the necessary skills and competences;
Amendment 28 #
2022/2207(INI)
Motion for a resolution
Recital C
Recital C
C. whereas equal access to skills, as well asVET, including upskilling and reskilling opportunities for all, are workers and jobseekers, is crucial;
Amendment 29 #
2022/2207(INI)
D. whereas in 2021, 9.745 % of 18-24 year-olds in the EU had only completed upper secondary education and were not participating in further eduworkers reported having received training paid for by the employer over the past 12 months; whereas this share was lower among young workers, women, and workers on fixed-term and temporary agency contracts, pointing to inequalities in access to training;1a _________________ 1a https://www.eurofound.europa.eu/publicat ion or training; s/report/2022/working-conditions-in- the-time-of-covid-19-implications-for-the- future
Amendment 35 #
2022/2207(INI)
Motion for a resolution
Recital E
Recital E
E. whereas one of the reasons for the mismatch between supply and demand in the EU labour market is the inadequate vocational training of workers; the poor quality of jobs, bad working conditions and a lack of investments in VET at company level are some of the reasons for the lack of skilled workers;1a _________________ 1a https://www.cedefop.europa.eu/files/3092_ en.pdf https://www.cedefop.europa.eu/files/3075_ en.pdf
Amendment 39 #
2022/2207(INI)
Motion for a resolution
Recital F
Recital F
F. whereas one objective of the European Skills Agenda sets objectives to be achieved by 2025, stressing that the objective foris to have a participation rate in learning of 50 % among 25-64 year- olds is 50 %, by 2025 (compared to 38 % in 2016); whereas the objective for participation among 16-74 year-olds with at least basic digital skills is 70 %, (compared to 56 % in 2019); whereas, the EU has set an objective of increasing theUnion wants to increase the share of the population with at least basic digital skills indicator to 80 % by 2030;
Amendment 43 #
2022/2207(INI)
Motion for a resolution
Recital G
Recital G
G. whereas VET and lifelong learning can contribute to the principles of the European Pillar of Social Rights; whereas the objective set out in the European Pillar of Social Rights (EPSR) Action Plan is to achieve a share of 60 % in adult learning by 2030;
Amendment 50 #
2022/2207(INI)
Motion for a resolution
Recital I
Recital I
I. whereas inequalities in access to adult learning and VET still persist;
Amendment 51 #
2022/2207(INI)
Motion for a resolution
Recital J
Recital J
J. whereas only 45 % of workers in the Union can use their current knowledge and skills to a great extent in their main job, while for the other 55 %, part of their knowledge and skills are underutilised; whereas apart from short supply and skill mismatches, difficulties to recruit skilled workers to a considerable extent also reflect poor job quality, a lack of people-oriented HR policy and untapped job design opportunities;1awhereas one in three companies that do not organise training cite heavy workloads and lack of time as reasons; whereas both time and cost are major barriers to adult learning from an individual perspective; _________________ 1a https://www.cedefop.europa.eu/files/3092_ en.pdf
Amendment 54 #
2022/2207(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Fourth Industrial Revolution, which encompasses the full digitalisation of service provision and production processes, together with the rapid development of big data, artificial intelligence, the Internet of Things, platforms and increasing computing power, is shaping today’s labour and education marketsmarkets and societies, including through the disappearance of some tasks and occupations and the creation of others, potential deskilling and a further fragmentation of work;
Amendment 69 #
2022/2207(INI)
Motion for a resolution
Recital L
Recital L
L. whereas customer servicepeople skills, multilingualism, team working, problem- solving, management, including time management, and critical thinking and digital/IT skills are also considered important transferable skills; whereas transferablere important crosscutting soft skills; whereas crosscutting soft skills are increasingly valued by employers as crucial for employment;
Amendment 70 #
2022/2207(INI)
Motion for a resolution
Recital M
Recital M
Amendment 76 #
2022/2207(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the COVID-19 pandemic has had a significant negative impact on the systematic implementation of education and training policies; whereas the crisis caused by the pandemicrelated crisis has changed the way weof work and has reinforced the need to update the skills repertoire of the European workforce, especially in terms of digital skills;
Amendment 78 #
2022/2207(INI)
Motion for a resolution
Recital O
Recital O
O. whereas between 2020 and 2021, the workplaces of 44 % of EU+ adult workers adopted new digital technologiesnew digital technologies were introduced in 44 % of the workplaces between 2020 and 2021;
Amendment 81 #
2022/2207(INI)
Motion for a resolution
Recital P
Recital P
P. whereas between 37 % and 69 % of tasks in the EUtasks can be automated in many sectors and to a different extent, resulting in significant changes in employment, labour productivity; whereas 35 %, skills requirements and size of workersforce in the EU+ believe that new digital technologies in their workplaces can or will partially or fully perform their workUnion with strong regional differences; whereas 35 % of workers fear that new digital technologies can or will perform their job in a whole or in part in the future; whereas some 45 % are also concerned about technological skills becoming obsolete and the need to acquire new knowledge and skills;
Amendment 87 #
2022/2207(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas aligning curricula with the competences and skills expected by the market is the main, people’s aspirations, as well as the expectations of society and companies is a challenge facing education systems;
Amendment 92 #
2022/2207(INI)
Motion for a resolution
Recital R
Recital R
R. whereas, over the years, the nature, perception and societal evaluation of vocational trainingVET have evolved thanks, among other things, to digital solutions in education; whereas, despite improvements in the status of vocational training, it is stills, to campaigns and policies on quality apprenticeship and digitalisation; whereas, despite efforts to improve the status and image of apprenticeships, they are often not athe first choice and is seen as a second option after general educationof young people;
Amendment 93 #
2022/2207(INI)
Motion for a resolution
Recital S
Recital S
S. whereas demographic changes are ongoingin the Member States have been accelerating and are expected to continue doing so in the coming decade, reinforcing the need to make use of the full potential of all working-age adults through continuous investments in their skills, knowledge and qualifications as well as activating more people, in particular women, people with a migration background, low-skilled and low-qualified adults and young people, especially those not in education, employment or training (NEETs); whereas companies may experience problems related to the loss of knowledge of olderskilled workers once they retire;
Amendment 97 #
2022/2207(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas decent working conditions and access to social security systems, quality social services and an attractive living environment will play a prominent role in retaining and attracting skilled workers; whereas strengthening personal development and learning guidance from an early age and supporting equal access to information can help people to choose suitable learning pathways to quality employment opportunities;
Amendment 101 #
2022/2207(INI)
Motion for a resolution
Recital T
Recital T
T. whereas 28 occupationsectors were classified as having shortages of skilled workers, including the healthcare, hospitality, construction, IT services and security, and there are shortages of workers; whereas there is a general shortages of workers, in particular women with science, technology, engineering and mathematics (STEM) backgrounds;
Amendment 102 #
2022/2207(INI)
Motion for a resolution
Recital U
Recital U
U. whereas employers’ increasing demand for specific skills is giving rise to new professions on the labour market which can be taught in the vocational training systemmake the case for a stronger engagement of companies in VET;
Amendment 105 #
2022/2207(INI)
Motion for a resolution
Recital V
Recital V
V. whereas, as part of the European Strategy for the Rights of Persons with Disabilities 2021-2030, the Commission has committed to providing better opportunities for persons with disabilities to participate in training and acquire new skills, which is a prerequisite for employment and independence;
Amendment 110 #
2022/2207(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points to the need for the smooth functioning of continuing vocational trainHighlights the importance of life- long learning and VET, including upskilling and reskilling, for adultsthe sustainable development of the Union;
Amendment 119 #
2022/2207(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. FeelStresses that all adults need opportunitieseffective support to access quality and inclusive VET, to develop, update and upgrade their skills in order to keep up with the rapidly changing realities of work andin the world of work and society, and to succeed inwith their personal and professionalcareers and their private lives; stresses that this requires a systemic approach to lifelong learning and skills development, supported by well- functioning and modern continuing vocational education and training (Caccessible and inclusive quality VET) systems;
Amendment 127 #
2022/2207(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets that the three main factors hampering vocational training for adults in companies are:Highlights that some of the factors hampering VET at company level are the employers’ belief that the available skills and qualifications of their staff are sufficient and appropriate to, the needs of businesses, the practice ofpreference of companies to recruiting new staff instead of retraining the current ones, and obstacles to the provision of trainingskilling and upskilling their existing workforce, as well as attempts to shift the training responsibility from the employer to the workers;
Amendment 129 #
2022/2207(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that skills and labour shortages are, in some cases, the result of unattractive jobs and poor working conditions; emphasises therefore that tackling those issues, by means of decent working conditions and retention policies, is important for a well-functioning future labour market; stresses that improving job quality in sectors and companies with poor working conditions is an important element for addressing the issue of brain drain which results in growing inequalities between regions, unequal development as well as unequal capacity to drive innovation and create jobs;
Amendment 130 #
2022/2207(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 136 #
2022/2207(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. StresseHighlights that CVET policyies remains fragmented in many EU Member States; points out that the development of well- functioning Cat national and Union level; points out that efficient VET systems requires the development of systematic strategies to empower people and ensure sustainable economic competitivenesocial and economic strategies, aligned with skills strategies, developed through social dialogue between trade unions and employers;
Amendment 137 #
2022/2207(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights the importance of best practices related to dual education systems, which combine quality apprenticeships in undertakings with vocational school education, thereby bringing together the world of work with the world of education and giving young people access to the labour market; stresses the importance of decent wages and good working conditions for apprentices to attract young people in this context;
Amendment 143 #
2022/2207(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points outHighlights the importance of vocational educationVET for individuals and grouppersons with special needs;disabilities and stresses the need to develop a strategy andies to provide vocational education and training opportunities for people in remote and rural areas in order to ensure the effectiveness of matching mechanismsmore and better VET opportunities for them and facilitate their integration in the EU labour market;
Amendment 150 #
2022/2207(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Draws attention to the need to focus onprovide VET for adults at an individual level as well, including for low-qualified and low- skilled people and those who arhave the least involved in education and trainingaccess to training in basic skills and competences;
Amendment 152 #
2022/2207(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reiterates its call on employers to invest in the development of their workers’ skills and competences, especially with regard to skills and competences needed for the digital and green transitions as well as crosscutting soft skills;
Amendment 157 #
2022/2207(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that workplaceundertakings, and SMEs in particular, must be extensively involved, encouraged and supported to provide learning and training opportunities not only for those in employment, but also for the unemployed and those outside the labour market; notes the key role of the social partners in this area;; (Last sentence moved to 9 a (new))
Amendment 164 #
2022/2207(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the need to improve the validation and recognition of skills and competences, in particular those acquired through non- formal and informal education, while developing a common framework in the Member States, in particularincluding skills and competences acquired in third countries, by providing validation systems in cooperation with social partners; calls on the Commission and the Member States to develop a common framework for the common recognition of soft transferablecrosscutting soft skills;
Amendment 167 #
2022/2207(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights the key role of social partners with regard to VET; stresses the importance of a well-functioning social dialogue and the role of collective agreements in ensuring VET provision to all workers;
Amendment 169 #
2022/2207(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on companies to pay more attention to the role of education in the workplace; stresses that companies need to dedicate a substantial part of their resouremployers to dedicate a substantial part of their resources to ensure their employees have the necessary skills and competences to work with the latest technologies and in new organisational environments, as well as to prevent digital exclusion and to foster intergenerational learning; calls on companies to allow for high levels of task discretion and organisational participation of workers, as these forms of work organisation are associated with better access to ensuring that their employees are able to work with the latest technologies and in new organisational environments, as well as to prevent digital exclusiontraining and skills development; calls on the Member States to reinforce the Youth Guarantee through coherent actions; calls on the Member States to invest in the health of pupils and students, to prevent early school leaving and to support study and career counselling;
Amendment 177 #
2022/2207(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Member States as well as regional and local authorities concerned to strengthen measures to fight unemployment, poverty and social exclusion, including through the strengthening of public employment services, the promotion of lifelong learning and dedicated measures focused on professional development;
Amendment 179 #
2022/2207(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Highlights that education and training as well as the integration into the labour market is an important instrument to combat poverty and inequalities; urges the Commission and the Member States to support measures aimed at disadvantaged and low-skilled groups, with emphasis on education and training that allow for the development of social, scientific and professional skills, in particular basic digital skills; calls on the Member States as well as the regional and local authorities concerned to ensure the diversification of the education and training offers;
Amendment 191 #
2022/2207(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Draws attention to the opportunStresses that supporting migrants, asylum seekers and refugees to upskill and reskill and to access quality jobs and information regarding working conditieons and challenges arising from the increasing number of third-country nationals in the EU, as a result, amosocial protection is essential; Highlights in this context the need to ensure effective support and quality VET for third-country nationals in the EU to ensure their labour market integration, including by strengthening learning opportunities and mobility, by facilitating other things, of the war in Ukraine validation of their skills and competences and by enhancing the recognition of qualifications;
Amendment 200 #
2022/2207(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need to increase the importance of vocational education and the acquisition of new skills and competences, especially those offered byneeded for the green and digital transitions;
Amendment 208 #
2022/2207(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to promote vocational education, highlighting the attractiveness of and opportunities for development within the sector; calls on the Commission and the Member StatesCalls on the Commission and the Member States, in cooperation with tripartite advisory bodies and the European Alliance for Apprenticeship, to carry out educational campaigns and activities to promote vocational education, including, including during the European Year of Skills and through events such as EuroSskills, in order to promote the attractiveness and opportunities offered by quality VET and adult learning;
Amendment 212 #
2022/2207(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to simplify administrative procedures related to VET where possible and to provide SMEs with assistance, such as consultancy services, to identify training needs and to apply for financial support from the training fund for companies; calls on the Commission and the Member States to increase investments in measures aimed at integrating disadvantaged youth and those not in education, employment, or training (NEETs) into the labour market; underlines the important role the European Social Fund Plus (ESF+) can play in this context;
Amendment 218 #
2022/2207(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Encourages the Member States, in cooperation with social partners, to set up a transparent mechanism for certifying companies that offer vocational training for workersVET in line with the quality standards of the European Framework for Quality and Effective Apprenticeship, so that those offering high- quality apprenticeships, traineeships and training can be identified;
Amendment 1 #
2022/2198(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that virtual worlds or ‘metaverses’ arconstitute a major step forward in the digital transition, and thatevolution in the development of the internet that has the potential to impact all areas of citizens' lives, namely in education, culture, arts and design, music, entertainment and social activities and interactions. Although there is no standardised definition, they can be defined as a simulation of real-time, immersive 3D or 2D spaces in which users can interact;
Amendment 10 #
2022/2198(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the EUuropean Union (EU) to adopt a comprehensive strategy for virtual worlds, building on the strengths of its industry to overcome the hardware and software challenges, while harnessing the, sustainable and human centred strategy for virtual worlds, ensuring safety and respect of fundamental rights, while favouring innovation and progressbuilding ofn the video gamestrengths of its industry;
Amendment 12 #
2022/2198(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the EU should harness the innovation and progress of videogames, as well as the cultural, economic and educational benefits that emerge from them;
Amendment 13 #
2022/2198(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the EU, in view of the strategic autonomy considerations raised by virtual worldsStates that European digital sovereignty is essential to ensure the safeguard of human rights, democracy, the rule of law, sustainability, equality, inclusion, accessibility, safety and security in the virtual worlds. Notes that increasing the funding for SMEs and start-up developing projects that operate according with EU values will contribute to avoid dependences on third countries and to strengthen a European leadership. Calls for the Commission, to ensure substantial investment in this field; notes that the Horizon Europe and Creative Europe programmes both fund augmented and virtual reality projects; points out, however, that the budgets of these programmes are inadequateacknowledges the need to increase the budgets of the Horizon Europe and Creative Europe programmes, that are lacking enough resources to foster a realprominent EU strategy for immersive technologies and to address the challenges of inclusivity and accessibility to virtual worlds;
Amendment 26 #
2022/2198(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the importance of developing metaverses for the EU’s cultural and creative ecosystems, as new spaces for creativity and expression; insists on ensuring the accessibility of metaverses in order to make them truly democratic spac, which can be used to promote European cultural and linguistic diversity; insists on the importance of making virtual worlds truly democratic spaces, fostering digital literacy and access to quality and affordable internet as a basic right for all citizens, ensuring connectivity and accessibility to all citizens, namely those living in rural areas, and to facilitate inclusion of vulnerable groups, notably people with disabilities;
Amendment 28 #
2022/2198(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the pressing need to foster education, training and upskilling of workers in the field of virtual worlds, in order to create and keep talent within the European Union, avoiding a brain drain towards other markets and facilitating the harmonisation of training and mutual recognition of qualifications across Member States;
Amendment 31 #
2022/2198(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. States that virtual worlds can significantly impact education and research by transforming how we acquire knowledge; stresses that metaverses can allow for better visualisation of educational content, awareness raising and increased possibilities for collaboration between learners and enhanced distance and lifelong learning; highlights the potential of virtual worlds to empower individuals and bridge the digital divide through education, promoting digital literacy among all society groups and reducing inequalities in terms of gender, socioeconomic differences and for people with disabilities;
Amendment 42 #
2022/2198(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that an EU strategy for virtual worlds must go hand in hand with an appropriate framework to ensure the protection and promotion of intellectual property, in particular authors' rights and copyright, and stresses the need to protect artist and their creations in the virtual worlds; notes that most intellectual property systems in the metaverse are based on blockchain technology, and believes that non-fungible tokens can represent a new source of revenue for the EU’s cultural ecosystem.
Amendment 47 #
2022/2198(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises the need to ensure a safe and healthy environment in virtual worlds, where cybersecurity, privacy, transparency and the rights and needs of the users are properly preserved and protected, preventing any form of harassment, bullying, discrimination and surveillance of citizens and workers;
Amendment 51 #
2022/2198(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses the importance of protecting children and minors in the virtual worlds, drawing on the existing European legislation and strategies such as the DSA and the new European strategy for a better internet for kids (BIK+), to ensure online safety and a positive use of the metaverses;
Amendment 55 #
2022/2198(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the European Commission for a close and continuous monitoring on the development of virtual worlds, to identify issues and challenges that may arise and that are not addressed by the current legal framework or that may need further harmonisation among Member States;
Amendment 58 #
2022/2198(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Notes that future developments of the virtual worlds should be guided by a set of ethical and human centric principles, in line and up to date with existing and future EU legislation such as the General Data Protection Regulation, the Digital Services Act and the Digital Market Act, the Copyright Directive, etc.;
Amendment 61 #
2022/2198(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Underlines the value of the recommendations by the European citizens' panel on virtual worlds and recalls the currently ongoing European Parliament Pilot Project "A space for the metaverse", which will contribute to create an interdisciplinary European network of experts, thinkers and leaders, for an ethical and democratic development of the metaverses;
Amendment 1 #
2022/2188(INI)
Draft opinion
Recital A
Recital A
A. whereas the cultural and creative sectors are not mentionincorporated in the Trade and Cooperation Agreement (TCA);
Amendment 2 #
2022/2188(INI)
Draft opinion
Recital B
Recital B
B. whereas the TCA provides for social security coordination to protect the social security rights of people moving between the EU and the UK after 1 January 2021; whereas it also provides for a robust level playing field to ensure fair competition by maintaining high levels of protection in a number of areas, including social and labour rights, with binding enforcement and dispute settlement mechanisms to ensure compliance;
Amendment 3 #
2022/2188(INI)
Draft opinion
Recital E
Recital E
E. whereas Erasmus+ is not just a mobility programme, but a powerful tool for exchanging knowledge, fostering academic cooperation, creating strong and lasting linkbonds and promoting understanding between people and institutionfrom different cultural backgrounds, institutions and their members, as well as a wide range of stakeholders and their organisations and networks, contributing to the development of policies and practices;
Amendment 4 #
2022/2188(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the importance of strong EU and UK civil society involvement, including employers’ and workers’ organisations and non-governmental organisationtrade unions, as well as NGOs, in the implementation of the TCA in accordance with Articles 13 and 14 thereof; nNotes the meetings of the EU Domestic Advisory Group in this regard and welcomes the first meeting of the Civil Society Forum in October 2022; stresses the importance of continuing this dialogue and cooperation;
Amendment 5 #
2022/2188(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
Ea. whereas the UK’s global programme to study and work abroad ("Turing Scheme") does not offer such mutual exchanges comparable to Erasmus+;
Amendment 6 #
2022/2188(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Specialised Committee on Social Security Coordination’s commitment to adopting a decision approving the use of the Electronic Exchange of Social Security Information (EESSI) in the context of the Protocol, as well as considering that relevant parts of the Decisions and Recommendations of the Administrative Commission for the Coordination of Social Security Systems should be made applicable in the context of the Protocol by means of a Specialised Committee Recommendation3 ; Reiterates its call on Member States to ensure that the EESSI becomes fully functional as soon as possible and to make use of the opportunities provided by existing EU funds to fully implement the EESSI and further digitalise public administration; __________________ 3 Minutes of the Second meeting of the Specialised Committee on Social Security Coordination, Brussels, 30 June 2022.
Amendment 7 #
2022/2188(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is concerned by a number of developments in the labour and social sphere, which represent in the UK, which pose a risk of non- compliance with the level playing field provisions of the TCA; notestrongly regrets in this regard the July 2022 repeal of the prohibition of employment agencies fromin providing temporary staff to replace workers taking part in industrial action, which undermines the right of workers to take collective action, including the right to strike;
Amendment 8 #
2022/2188(INI)
Draft opinion
Recital H
Recital H
H. whereas non-EU countries can join Erasmus+ as member or associated countries;
Amendment 9 #
2022/2188(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Further highlights worrysome concerning legislative developments in the UK which have been proposed but are not yet adopted, namelysuch as the Bill of Rights Bill, the Retained EU Law (Revocation and Reform) Bill and, the Strikes (Minimum Service Levels) Bill and the Data Protection and Digital Information Bill (No. 2) Bill; stresses that these proposals, if adopted, would have serious implications for workers’ rights, in particular the fundamental rights of freedom of association and the right to organise, and the right to collective bargaining and collective action, including the right to strike; stresses that the adoption of these legislative proposals would undermine the UK’s commitments under the TCA;
Amendment 10 #
2022/2188(INI)
Draft opinion
Recital I
Recital I
I. whereas, as a consequence of Brexit, EU citizens studying in the UK canare no longer benefit fromtitled to ‘home fees’, but have to pay higher international student fees, making it prohibitively expensive for the vast majority of them, penalising even more young students from socially disadvantaged backgrounds and ultimately narrowing down the exposure of UK learners and teachers to their fellow Europeans;
Amendment 11 #
2022/2188(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Recalls that the protection of theseworkers’ rights is essential for maintaining a level playing field and sustainable development as set out in, inter alia, Articles 355, 386, 387, 399 and 524 of the TCA; cCalls on the Commission to closely monitor developments in this regard and to use all available means to address any concerns that the adoption of these proposals could raise for the application of Chapter 6 of Title XI, including through dialogue in the Partnership Council and Specialised Committees, consultation of the EU Domestic Advisory Group and where necessary the dispute settlement mechanisms provided for under Article 389;
Amendment 11 #
2022/2188(INI)
Draft opinion
Recital S a (new)
Recital S a (new)
Sa. Whereas members of educational and cultural institutions and organisations from the EU and the UK continue their relationship despite a lack of funding, administrative obstacles and all other adversities caused by the UK's non-participation in Erasmus+;
Amendment 12 #
2022/2188(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes that in June 2021 the UK Government announced its intention to establish a single enforcement body for employment rights tasked with ensuring centralised supervision of its labour laws4 with the aim of improving the coordination and effectiveness of existing bodies and expanding enforcement into new areas; notes, however, that to date no further progress has been made on the proposal; calls on the Commission to continue to closely monitor the enforcement of relevant labour and social standards, as required by the TCA, and to monitorany developments in this regard, and to continue its efforts with the UK Government to ensure full compliance with the TCA; __________________ 4 Department for Business, Energy & Industrial Strategy, UK. Establishing a new single enforcement body for employment rights, 2021.
Amendment 13 #
2022/2188(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Strongly regrets the UK’s discriminatory treatment of workers from five EU Member States in 2021 as regards reduced fees for long-term work visas; further regrets the UK’s subsequent renunciation of Article 18(2) of the European Social Charter and consequent removal of work-related visa fee reductions for all EU citizens as of February 2022; calls on the Commission to continue to raise this issue through the Partnership Council and the Specialised Committee on Level Playing Field for Open and Fair Competition and Sustainable Development; calls on the Commission to take all measures necessary in view of ensuring a level playing field in this regard.
Amendment 13 #
2022/2188(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that numerous education, culture and youth stakeholders, both in the EU and the UK, are calling for the UK to be associated with Erasmus+, Creative Europe, European Solidarity Corps and Horizon Europe once more; calls for the issue to be addressed in different political contexts to raise awareness of opportunities at the level of the European institutions, EU Member States and UK authorities; further, calls for practical, intermediary or alternative solutions to be explored to mitigate the loss of opportunities for students, teachers, artists, cultural and creative workers, athletes and young people;
Amendment 20 #
2022/2188(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the enormous benefits of the Erasmus+ programme not only for students, but also for teacherhigher education students, vocational education and training (VET) students, adult learners, young people, administrative staffbut also for teachers, academics, administrative staff and generally for education institutions and society as a whole, which cannot be measured by the size of its financial envelope;
Amendment 22 #
2022/2188(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets the narrowness of the ‘value for money’ approach adopted by the UK Government regarding Erasmus+, which disregards the numerous benefits in terms of exchange of knowledge and skills for students, teachers and administrative staff, the contribution to diversity on campuses and in schools, and its contribution to broadening its participants’ outlooks and opportunities; notes that this approach is also characteristic of the "Turing scheme", which ultimately impacts on the student and academic community;
Amendment 26 #
2022/2188(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes the creation of the Turing scheme by the UK Government; regrets, however, that this programme only covers outgoing student mobility, and does not cover the youth and sport sectors6 ; notes in this context that the "Turing Scheme" represents a significant deterioration compared to Erasmus+ and therefore cannot be seen as an equivalent replacement for Erasmus+; _________________ 6 UK Government, Turing scheme website.
Amendment 28 #
2022/2188(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Welcomes the new possibility to dedicate 20 % of the Heading 2 budget of the Erasmus+ 2021-2027 programme to outgoing international mobility outside the 33 countries participating fully in Erasmus+; notes, however, that this part cannot be dedicated entirely to one specific partner country, and does not replace the missed opportunities resulting from the UK’s withdrawal from the Erasmus+ programme;
Amendment 30 #
2022/2188(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Welcomes the work currently being undertaken by the Scottish Government to create a similar programme, covering both incoming and outgoing mobility; invites the Scottish Government to consider the sports sector in the planning of the programme;
Amendment 31 #
2022/2188(INI)
Draft opinion
Paragraph 16
Paragraph 16
Amendment 35 #
2022/2188(INI)
Draft opinion
Paragraph 17
Paragraph 17
17. Notes that 11 UK Universities are partners in alliances through the European Universities initiative; regrets that these cooperation projectsir participation will end when the first- generation alliances expire (at the end of 2024);
Amendment 45 #
2022/2188(INI)
Draft opinion
Paragraph 28
Paragraph 28
28. Is concerned by the excessive bureaucracy created by the UK’s withdrawal from the EU for UK artists wanting to tour in the EU and European artists wanting to tour in the UK, as illustrated by the administrative obstacles created by the application of the CITES Regulations for artists travelling with certain types of musical instruments containing protected species, especially when travelling by Eurostar train;
Amendment 48 #
2022/2188(INI)
Draft opinion
Paragraph 29
Paragraph 29
29. Notes that the plethora of migration rules, including different visa and work- permit systems in each of the EU Member States, as well as customs and VAT rules for merchandising, rules on cabotage and cross-border trade for specialist hauliers transporting merchandising and stage decor between the UK and the EU, are making it difficult and expensive for emerging and independent UK artists to tour in the EU or participate in European festivals; notes that EU artists are also affected by similar issues when touring in the UK;
Amendment 51 #
2022/2188(INI)
Draft opinion
Paragraph 30
Paragraph 30
30. Stresses that streamlining visa and work arrangements is in the interest of the cultural and creative sectors in both the EU and the UK and urges both parties to work towards an agreement; believes that these visa and work arrangements should be part of a future EU framework for artists and cultural professionals;
Amendment 52 #
2022/2188(INI)
Draft opinion
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Notes that numerous UK cultural organisations continued to be connected after Brexit through their partnership with European cultural networks, professional associations and trade federations; expresses concern, that in the medium term the sustainability of these relationships is at great risk and that the adverse effects of programme exit will increase;
Amendment 57 #
2022/2188(INI)
Draft opinion
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Regrets that the number of EU citizens working in the cultural and creative industries and sectors in the UK has dropped since Brexit;1a _________________ 1a https://www.ons.gov.uk/peoplepopulationa ndcommunity/populationandmigration/int ernationalmigration/articles/changesinpa yrolledemploymentsheldbynonuknationals duringthecoronaviruscovid19pandemican deuexitperiods/2022-03-01
Amendment 58 #
2022/2188(INI)
Draft opinion
Paragraph 31 c (new)
Paragraph 31 c (new)
Amendment 5 #
2022/2151(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the joint employment report for 2023 strengthens the focus on the implementation of the UN Sustainable Development Goals and the EPSR, in line with the commitments of the Action Plan of March 2021 and with the EU Leaders in the 8 May Porto Declaration; whereas its implementation should strengthen the Union’s drive towards a green, digital and fair transition and contribute to achieving upward social and economic convergence; whereas many assessments of the Semester suggest low compliance with its recommendations, in part because of the limited enforceability, especially on social policy matters;
Amendment 7 #
2022/2151(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 11 #
2022/2151(INI)
Motion for a resolution
Recital B
Recital B
B. whereas recent studies1b have shown that social inequalities are the biggest concern of people in the EUtogether with the rise of prices and the increasing cost of living; whereas even before the pandemic, over 80% of people in the EU wanted their national governments to take further measures to reduce income inequalities; whereas high income inequalities can have damaging effects on economic growth and endanger social cohesion; _________________ 1b https://ec.europa.eu/commission/presscor ner/detail/en/IP_22_447
Amendment 15 #
2022/2151(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in-work poverty remains a challenge for the Member States; whereas workers on temporary contracts face a much higher risk of in-work poverty than those on permanent contracts; whereas in-work poverty has increased from 8.5% in 2010 to 9% in 2019 in the EU but remained stable between 2020 and 2021 due to the swift policy intervention during the pandemic; whereas the risk of poverty or social exclusion for employed persons in the EU was 11.1 % in 2021; whereas In-work poverty has to be closely monitored, especially in light of the recent negative impact of inflation on real wages; whereas real wage levels are still below the crisis-year 2009 level in many EU countries; whereas housing cost overburden continue to be above 40% of the disposable income housing for more than 8%, and little progress has been made in reducing the number of homeless people across EU Member States;
Amendment 22 #
2022/2151(INI)
Motion for a resolution
Recital D
Recital D
D. whereas climate change and environmental destruction have exacerbated inequalities and disproportionately affect the poor and the most vulnerable groups; whereas a Green Deal focused on investments to make the transition to a decarbonised, climate- neutral economy, will not be a good deal if, at the same time, it does not invest in the people who cannot afford the change; whereas it is necessary to ensure a sustainable future for all;
Amendment 27 #
2022/2151(INI)
Motion for a resolution
Recital E
Recital E
E. whereas rapid increases in energy prices and inflation across the EU are placing a burden on households, especially affecting the most vulnerable with the lowest incomes; whereas these rapid price increases aggravate energy poverty to which more than 50 million of people in the EU were exposed already before the pandemic in 2019;
Amendment 39 #
2022/2151(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas according to Eurofound, 20 % of jobs in Europe were of ‘poor quality’ in 2017, and put the physical or mental health of workers at increased risk; whereas according to the OECD, financial uncertainty and job insecurity are risk factors associated with poor mental health; whereas investing in long- term and quality jobs are key to combat poor mental health among workers;
Amendment 62 #
2022/2151(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that public services are pillars of democracy and a bulwark against populism, ensure core democratic values including respect for fundamental and human rights and play a crucial role in overcoming crises, guaranteeing public safety and security of supply by providing access to their services based on the principle of equal access and guaranteed universality; highlights that the continued and reliable provision of free access to high-quality services of general interest should be guaranteed at EU level; calls for the revision of the legal framework for services of general economic interest to ensure that households in need have access to good-quality essential services, particularly housing, energy, transport, water, the internet and sanitation;
Amendment 86 #
2022/2151(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission and the Member States to ensure that future EU funding initiatives to support industry and sovereignty ensure long term, sustainable growth as well as shared prosperity; considers essential that the relevant aspects are integrated in any future funding instrument: - Social and environmental justice as guiding principles in order to make the EU more resilient to growing threats to health and well-being. - Strong focus on workers: any investment should create good-paying jobs to lift up the low and middle classes and bring tangible benefits to communities that are often overlooked and left behind. - Environmental Justice: ensure fair redistribution of the projects, benefiting disadvantaged communities which are disproportionately impacted by underinvestment in critical infrastructure, pollution and climate change.
Amendment 90 #
2022/2151(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the revised European Semester process, with a broader scope and enhanced multilateral surveillance, taking into account reforms and investments through the national Recovery and Resilience Plans, Europe’s clean energy transition through REPowerEU and the United Nations Sustainable Development Goals;
Amendment 103 #
2022/2151(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned that the constraints imposed by the stability and convergence programmes might hinder the proper implementation of several principles of the EPSR, given that those programs are based solely on macroeconomic indicators and the foreseen impact of economic and budgetary choices in the national budgetary and debt position;
Amendment 113 #
2022/2151(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. CHighlights the need to strengthen the social dimension of the European Semester and the implementation of the European Pillar of Social Rights, especially in light of the economic governance review and the upcoming deactivation of the escape clause; calls on the Commission to present a regulation on a social convergence framework, establishing a new mechanism to monitor social convergence risks, prevent other policy actions or economic shocks from having negative social spillover effects on upward social convergence, detect potential setbacks for the proper implementation of the EPSR and establish mandatory social targets to be achieved; believes that social divergence risks should be included in the country- specific recommendations and taken into account when defining fiscal adjustment paths;
Amendment 128 #
2022/2151(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that the revised social scoreboard does not properly cover the 20 EPSR principles; calls, therefore, for the improvement of the social scoreboard and the inclusion of relevant indicators to identify social divergences through a dynamic assessment; draws attention to the importance of including indicators that fully reflect the trends in and causes of inequality, such as indicators on good- quality employment, wealth distribution, access to good-quality public services, homelessness indicators, adequate pensions, minimum income schemes, occupational diseases (including mental health conditions) and unemployment benefits, as well as indicators measuring the social impact of environmental degradation and climate change; reminds the Commission that the ‘at risk of poverty or social exclusion’ (AROPE) indicator does not capture the wider and more complex causes of inequalities; considers essential to integrate in the Semester multilateral surveillance the assessment of the distributional effects of climate policies financial burden on households as well as the distribution of the environmental benefits from such policies across different income groups, in order to identify policy measures needed to address these impacts;
Amendment 141 #
2022/2151(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned about the current economic landscape, forecasts for the near future and the impact that wage increases below inflation could have on living standards in the EU; considers that increasing purchasing power is a guaranteed means of ensuring further economic recovery, however, wages in general will grow below inflation for the year to come, thus workers will lose spending power; calls on the Member States to rapidly implement the provisions established in the Minimum Wages Directive1 , so that minimum wages are increased to at least 60 % of a country’s gross median salary or 50 % of the gross average; calls on the Commission to monitor the state of play in relation to minimum wages and ensure that low-end salaries, and particularly minimum wages, reflect the soaring cost of living; stresses that, in order to enlarge the middle income household share, this should be combined with policies strengthening collective bargaining coverage and unionization, in order to rebalance power among different groups in society; Recalls that decent wages are an essential tool in helping households keep up with the rise of energy prices; notes that this is an essential economic stabiliser in order to contain inflation; _________________ 1 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union, OJ L 275, 25.10.2022, p. 33.
Amendment 150 #
2022/2151(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Urges the Commission to promote collective bargaining, democracy at work, and social dialogue through the European Semester, and specifically in the country- specific recommendations, in order to implement the Minimum Wages Directive and ensure sustainable, decent wages through collective bargaining;
Amendment 153 #
2022/2151(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the agreement on the adoption of the Social Climate Fund to address the impact that the extension of the emissions trading to the building and road transport sectors will have on vulnerable houses and micro enterprises; warns that both the aims and the funding of this instrument make it clearly insufficient to address the unequal impact of climate change and environmental degradation on different income groups as well as the social consequences of the transformation of our societies towards climate neutrality; highlights the urgency of adopting instruments that enable all parts of society to enjoy the benefits of a climate-neutral economy, and that protect households from the impact of both climate change and pollution and prevent them from suffering any negative social consequences that might arise from the implementation of European Green Deal policies; insists that social and environmental policies and objectives must be integrated on an equal footing with economic ones; in this sense, is convinced that the Stability and Growth Pact is outdated and does not offer neither the flexibility nor the architecture necessary to put in place a new Sustainable Development and Social Progress governance in the EU; calls on the Commission to safeguard the right to health and to a healthy environment at EU level, as this right is essential to ensuring the fulfilment of most other fundamental rights such as food, shelter and work as well as to achieving an inclusive transition;
Amendment 202 #
2022/2151(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the EU industrial strategy to ensure that the jobs of tomorrow are not only green, but above all decent, well paid and based on good working conditions, with health and safety at work, robust social protection and gender equality; calls also for it to ensure that people are adequately remunerated in line with their qualifications and certified competences; stresses that public funding support to industry should be conditional on companies’ commitments to bargain with trade unions and respect collective agreements, information and consultation with unions, avoid redundancies and deterioration of working conditions, ban dividend payments, reskilling and the creation of high-quality apprenticeships; highlights the role that public procurement processes should play to promote collective bargaining and good working conditions.
Amendment 3 #
2022/2147(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas the outermost regions are especially vulnerable to negative impacts of climate change, like extreme weather events, rising sea levels or heat waves; whereas the outermost regions have an exceptionally high biodiversity value and focus should be put in protecting and restoring ecosystems;
Amendment 4 #
2022/2147(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas the decarbonisation of the maritime and aviation sector is necessary to achieve the goals set out in the European Green Deal and the European Climate Law, sufficient time to adapt to such a transition should be given to the outermost regions;
Amendment 5 #
2022/2147(INI)
Draft opinion
Recital B
Recital B
B. whereas the outermost regions are highly dependent on transport, especially air and maritime connections, with additional costs with regard to the import and export of goods and the transport of passengers, and that, in the case of archipelagos, double insularity exacerbates these challenges;
Amendment 9 #
2022/2147(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the blue economy sector plays a vital role in the economic growth and prosperity of outermost regions, that, due to their insularity, are especially dependent on blue economy-based activities, such as maritime transport, shipping, and tourism, with ports being important hubs for the transport of goods and passengers;
Amendment 11 #
2022/2147(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. whereas the tourism sector is highly important for the economies of these regions and that boosting this sector can have positive repercussions in terms of employment levels and economic growth;
Amendment 14 #
2022/2147(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas the COVID-19 pandemic had severe negative impacts in the economies of the outermost regions, in particular sectors related with blue economy, of which outermost regions are highly dependent; whereas coastal and maritime tourism represents 60% of the employment in the blue economy and which needs highly qualified and skilled professionals; whereas the promotion of these “blue jobs” can boost the tourism sector and help in raising employment levels in the outermost regions;
Amendment 14 #
2022/2147(INI)
Draft opinion
Recital -A c (new)
Recital -A c (new)
-Ac. whereas the outermost regions (ORs) offer major assets to the EU; whereas many of the ORs have a young population, extensive maritime economic zones, unique biodiversity, rich renewable energy sources, location and climate suitable for space sciences and astrophysics activities, important space infrastructure and proximity to other countries while at the same time, they are facing challenges to their development such as remoteness, insularity, small size, vulnerability to climate change, and economic dependence on a few sectors;
Amendment 16 #
2022/2147(INI)
Draft opinion
Recital A
Recital A
A. whereas social inequalities are at the heart of theone of the greatest social challenges facing the outermost regions (ORs) of the EU; whereas the ORs collectively are disproportionately affected by high poverty, unemployment and school dropout rates and these issues are exacerbated by the particularities that are common to these regions; a gross domestic product (GDP), which is significantly below EU and national averages (60% in the ORs if the EU-27 average is put at 100%)1a; whereas these issues are exacerbated by the particularities that are common to these regions; _________________ 1a The Commission’s report: “Outermost regions at a glance – assets, challenges and opportunities” from May 2022 illustrates a GDP PPS per inhabitant percentage in 2020 of 60% in the ORs. https://ec.europa.eu/regional_policy/sourc es/policy/themes/outermost-regions/rup- 2022/comm-rup-2022-glance_en.pdf
Amendment 20 #
2022/2147(INI)
Draft opinion
Recital D
Recital D
D. whereas the outermost regions, in the climate and energy transition, have great potential to develop key sectors such as sustainable mobility, renewable energy, and ecotourism;
Amendment 22 #
2022/2147(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Reiterates the need to ensure territorial cohesion of all outermost regions through maritime and air transport, which should not be affected by disproportionate high costs whether for passengers or goods;
Amendment 25 #
2022/2147(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to ensure the mainstreaming of the outermost regions and their specificities in future legislative acts, including, when appropriate, by conducting dedicated impact assessments; calls on the Commission and Member States to ensure monitoring and reporting tools on the implementation of legislative measures in the outermost regions to assess their adequacy and tailor-made solutions;
Amendment 27 #
2022/2147(INI)
Draft opinion
Recital C
Recital C
C. whereas the number of young people who are not in employment, education or training is at an alarming level in the ORs; (22% compared to 11% in the EU-27)2a; _________________ 2a The Commission’s report: “Outermost regions at a glance – assets, challenges and opportunities” from May 2022 illustrates average young people rates of early leavers, NEETs (not in employment, education and training double the rate on EU Level. https://ec.europa.eu/regional_policy/sourc es/policy/themes/outermost-regions/rup- 2022/comm-rup-2022-glance_en.pdf
Amendment 28 #
2022/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. PHighlights that, due to their particularities and needs, outermost regions need additional support to guarantee a just green transition, especially in the policies of the Fit for 55 package; points out that, taking into account the dependence of the outermost regions on air connections, flights from thbetween an aerodrome located in an outermoset regions to the mainland of of a Member State and an aerodrome located in anotheir respective Member States should be exempt from the EU Emissions Trading System until 2030,gion of the EEA and flights performed between two aerodromes located within the same outermost region should be exempt from the EU Emissions Trading System until 2030; points out that, due to the dependence of these regions on maritime transport, a similar exemption until 2030 should apply to all voyages between a port located in an outermost region of a Member State and a port located in the same Member State, including ports within and between the outermost regions of the same Member State; and calls on the Commission to take into account the regions’ specific characteristics in the revision of all relevant legal acts, including the impacts of lifting such exemptions;
Amendment 29 #
2022/2147(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas young people from the outermost regions frequently need to travel and move to other regions to obtain specific training and education; whereas many who have moved away are not coming back later on;
Amendment 38 #
2022/2147(INI)
D. whereas women in the ORs too often face unstable and short-term employment; the employment rate of women in the ORs is significantly below the EU and national averages (47% compared to 62% in the EU-27)3a; _________________ 3a The Commission’s report: “Outermost regions at a glance – assets, challenges and opportunities” from May 2022 illustrates the female employment rates in the ORs compared to the average European levels. https://ec.europa.eu/regional_policy/sourc es/policy/themes/outermost-regions/rup- 2022/comm-rup-2022-glance_en.pdf
Amendment 41 #
2022/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to establish a specific transport programme of options, similar to the POSEI model, in addition to existing EU programmes, as a supplementary support to the outermost regions to face any potential negative impacts in the sector and increase in the costs of transport of passengers and goods;
Amendment 45 #
2022/2147(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on the Commission and Member States to support the development of sustainable mobility in the outermost regions, promoting alternatives to fossil fuels and the modernisation and decarbonisation of port and airport infrastructures, including through an increase in investments;
Amendment 46 #
2022/2147(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Calls on the Commission, Member States and regional authorities to promote and ensure the diversification of transport modes, supporting the establishment of necessary infrastructures, such as bicycle and pedestrian lanes, taking into account outermost regions’ specificities, such as their orography;
Amendment 50 #
2022/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Encourages the Commission to support investments in tourism, to ensure EU funding for its recovery and sustainable development and to provide the sector with information on funding opportunities; recognises, in particular, the potential of ecotourism to reduce the environmental footprint of the sector, ensuring the protection of our climate and biodiversity, while contributing to the socioeconomic development of local communities in the outermost regions;
Amendment 54 #
2022/2147(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to present an EU common policy on tourism that should ensure the resilience of the sector against the impacts of future pandemics or any kind of events that put in risk tourism activities, such as climate change, and should take into account the particular case of outermost regions;
Amendment 57 #
2022/2147(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to unlock the potential of the outermost regions through appropriate investments and reforms and by supporting the green and digital transitions.; highlights that the outermost regions can be important players in these transitions, with the potential of being hubs for green and digital projects, towards an economic model that values sustainability and innovation;
Amendment 59 #
2022/2147(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights the need to prepare contingency plans in the outermost regions for the transport sector, with a view to ensuring its resilience, especially in terms of infrastructure and public services, taking into account the impacts caused by the COVID-19 pandemic and the subsequent lessons learned, to avoid any future disruptions on essential services for passengers and goods, in particular in the case of sanitary crises, extreme weather events or conflicts such as the one on Ukraine;
Amendment 61 #
2022/2147(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Highlights that the potential of the outermost regions can only be achieved through the cooperation of different stakeholders, including European, national, regional and local authorities, economic and social agents, the civil society, the academic community and nongovernmental organisations; highlights, in this regard, the positive contribution of the Conference of Presidents of Outermost Regions to identify priorities and challenges faced by these regions and incentivise further action; points out that collaboration between outermost regions is also essential to ensure an holistic approach which answers to their specific needs and the sharing of best practices;
Amendment 67 #
2022/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the social situation of young people is a central concern forin the ORs; calls, in this regard, for the reinforced Youth Guarantee to be fully deployed in the ORs; believes that an evaluation of the guarantee’s implementation is necessary in these territories is necessary, including an assessment of the existing barriers for young people;
Amendment 68 #
2022/2147(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States as well as the regional and local authorities concerned to put in place or strengthen measures to fight unemployment, poverty and social exclusion in the ORs, including through the strengthening of public employment services, the promotion of lifelong learning and other measures focused on professional development;
Amendment 70 #
2022/2147(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Highlights that education and training as well as the integration into the labour market is an important instrument to combat poverty and inequalities; urges the Commission and the Member States, therefore, to support measures aimed at disadvantaged and low-skilled groups in the ORs, with emphasis on education and training that allow for the development of social, scientific and professional skills, in particular basic digital skills; calls on the Member States as well as the regional and local authorities concerned to ensure the diversification of the education and training offers, according to the needs of the regions and to ensure equal opportunities;
Amendment 71 #
2022/2147(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Stresses the importance of enhancing public services in the ORs, through strengthened regional cooperation, economic diversification, investments in R&D and digitalisation, reinforced vocational education and training, upskilling and reskilling opportunities and active labour market policies, to tackle long-term unemployment and youth unemployment in particular (45,82% compared to 16,8% in the EU-27);4a _________________ 4a The Commission’s report: “Outermost regions at a glance – assets, challenges and opportunities” from May 2022 illustrates a comparison between the youth employment rates in the ORs in relation to the average EU-27 level. https://ec.europa.eu/regional_policy/sourc es/policy/themes/outermost-regions/rup- 2022/comm-rup-2022-glance_en.pdf
Amendment 74 #
2022/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Member States to support youth employment in the ORs by working with local stakeholders, including within the private sector, universities and local authorities, to establish a digital one-stop shop in order to help young peoplejobseekers who are seelooking for their first job or lookingwant to establish or take over a businesses;
Amendment 90 #
2022/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to ensure the empowerment of women in the ORs by promoting access to stable, high-quality jobs, including equal pay and fair remuneration;
Amendment 98 #
2022/2147(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 107 #
2022/2147(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to improve access toand the Member States to improve access to information regarding the European Social Fund Plus in the ORs by setting up masslaunching information campaigns aimed at institutional and associative partners, providing a support services for project leaders and financing training for managing authorities.;
Amendment 108 #
2022/2147(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that the outermost regions' economies are heavily dependent on the tourism and transport sectors, which were severely impacted by the Covid-19 pandemic; calls therefore on Member-States as well as regional and local authorities concerned to work together to best ensure the socio-economic recovery of the ORs, taking into account challenges such as rising prices due to inflation and disruption of supply chains;
Amendment 115 #
2022/2147(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission and the Member States to improve access to Union funding for the ORs and to advance with the implementation of the European Pillar of Social Rights, including in the areas of quality employment, education, skills, social inclusion, and equal access to healthcare;
Amendment 117 #
2022/2147(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Welcomes the Commission’s intention to provide tailored support to the ORs to ensure they can make the most out of EU opportunities, as well as to organise specific workshops on EU programmes and strengthen the dialogue with relevant stakeholders in the ORs;
Amendment 2 #
2022/2057(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that freedom of expression is a fundamental human right enshrined in Article 19 of the Universal Declaration of Human Rights and includes the freedom to hold opinions and to receive and impart information and ideas without interference by public authorities or commercial entities and regardless of frontiers; deplores, however, that some governments, commercial entities and individuals in positions of power around the globe are systematically threatening this right;
Amendment 6 #
2022/2057(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the essential role that journalists and editorial teams play to impart information, allowing the public to access reliable news, to sharpen their insights and hold opinions on issues of public interest; recalls that journalism has been considered an essential “third party” to ensure checks and balances in democratic systems while ensuring pluralistic, public and independent reporting on news ; insists in this respect that such role requires a safe environment for journalists and other media professionals to work and live;
Amendment 23 #
2022/2057(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Strongly condemns the severe violations of the principles of the rule of law in some Member States, which are causing serious danger in relation to fundamental rights and freedoms, including media freedom; emphasises the link between deteriorating rule of law standards and violations of fundamental rights, amongst which attacks against journalists and free media, and the widespread collection of intercepted data with direct effects on silencing journalists, and calls on the Commission to use all available means to take action against these attacks;
Amendment 28 #
2022/2057(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
Amendment 36 #
2022/2057(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 44 #
2022/2057(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses concerns about the so called ‘news fatigue’ , a growing lack of interest in seeking information especially from younger generations and the serious effects this may have on the future functioning of our democratic systems; recalls that citizens nowadays increasingly access news and editorial content through online platforms that influence access to information; calls for more media information literacy and digital literacy in educational curricula for younger generations in order to better equip them with methods on how to access effectively information, sort sources, debunk disinformation and address online incivilities with the objective of helping them to manage ‘infodemia’ while underlining the societal value of journalism and rebuilding trust in the media; in this respect, looks forward to the Commission’s mid-term review of the Digital Education Action Plan (2012- 2027);
Amendment 76 #
2022/2057(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to include suspension mechanisms in the EU’s multilateral and bilateral partnership or trade agreements; invites the Commission to support and monitor media freedom and use targeted sanctions or suspend agreements in the event of persistent and systematic violation of media freedom, including when these violations are taking place in the European Union;
Amendment 91 #
2022/2057(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
Amendment 18 #
2022/2038(INI)
Motion for a resolution
Recital C
Recital C
C. whereas positive encouragement and promotion of professional audiovisual media services from the Union can make an important contribution to the global fight against disinformation and fake news; whereas this contributes to the effective implementation of the right to information and to the promotion of public discourse based on a multitude of opinions;
Amendment 56 #
2022/2038(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the usefulness of the ‘MAVISE’ database1a, managed by the European Audiovisual Observatory, which provides information on audiovisual media services, video-sharing platforms, and their jurisdiction in Europe, and calls for further efforts to expand its reach and facilitate its use by all interested users; _________________ 1a https://mavise.obs.coe.int/
Amendment 60 #
2022/2038(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission, on the basis of the Member States’ reports and in cooperation with ERGA and in dialogue with relevant civil society organisations, to work on common qualitative and quantitative targets to continually promote the further development of accessible services and to improve the accessibility of services overall; clear targets, based in each case on the most up-to-date technical developments, in relation to the respective access services, with clear deadlines set in relation to their respective implementation, are desirable; reporting on improvements in accessible offers must be publicly available;
Amendment 67 #
2022/2038(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages Member States to better use and exploit the opportunities that can arise from the appropriate promotion of audiovisual media services of general interest; suggests, furthermore, that ERGA develop guidelines in this regard, detailing how to promote audiovisual media services of general interest without restricting existing systems or their further development;
Amendment 71 #
2022/2038(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that there is a need for pre-defining, diversity-securing and specific media law requirements for the use and integration of artificial intelligence (AI), especially when it comes to the generation or distribution of audiovisual content; in this context, AI- supported models must be designed or, where necessary, their use restricted in such a way that they serve an open-ended model of discourse and equal opportunities in the media, and also promote critical-creative impulses and are open to being confronted with the counter-argument to one's own position;
Amendment 75 #
2022/2038(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out, in this regard, that services or content of general interest are deliberately not limited to public service media but also include services or content provided by commercial media service providers aimed at meeting social, democratic and cultural needs;
Amendment 147 #
2022/2038(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on the Commission to further investigate the fast-growing offer of audiovisual media services produced by online influencers, with a focus on youth and consumer protection, and to fully enforce the clear and recognisable separation between advertising and own content; the failure to identify commercial communications as such is increasingly becoming a problem in terms of competition and has a negative impact on the protection of minors and consumers;
Amendment 150 #
2022/2038(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Notes that in addition to IPTV and OTT TV operators, many platform providers relevant for the distribution of and access to audiovisual media services, radio services and print or audio online services in the EU do not fall within the scope of the Digital Market Act and are therefore not obliged to grant access to data generated in relation to the use of a corresponding media service and may also continue to place their own services or offers before those of third parties; both have a detrimental impact on the European media landscape, harm fair competition in the media and need to be addressed by legislation;
Amendment 153 #
2022/2038(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Calls on the Member States and the Commission to ensure wherever possible that the identity of the audiovisual media service provider is clearly identifiable by users, including online, by means of a logo or other type of branding;
Amendment 58 #
2022/0432(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In order to keep pace with globalisation, technological development and new means of sale, such as online sales, it is necessary to adapt Regulation (EC) No 1272/2008 of the European Parliament and of the Council. While under that Regulation it is assumed that all responsible actors in the supply chain are established in the Union, practical experience has shown that economic operators established outside the Union sell chemicals online directly to the general public in the Union. Hence, enforcement authorities are unable to enforce Regulation (EC) No 1272/2008 against economic operators not established in the Union. It is therefore appropriate to require that there is a supplier established in the Union, which ensures that the substance or the mixture in question meets the requirements set out in that Regulation when it is being placed on the market, including via distance sales. This provision, together with requirements in Regulation (EU) No xxx/xxx [reference to adopted act to be inserted] on General Product Safety, Regulation (EU) No 2022/2065, and Regulation (EU) 2019/1020 would improve compliance with and enforcement of the Regulation (EC) No 12727/2008 and thereby ensure a high level of protection of human health and the environment. In order to prevent situations where consumer becomes de jure and de facto an importer when buying the substance or the mixture via distance sales from the economic operators established outside the Union, it is necessary to specify that the supplier which ensures that the substance or the mixture in question meets the requirements set out in that Regulation acts in course of an industrial or professional activity.
Amendment 66 #
2022/0432(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) From a toxicological point of view, substances withcontaining more than one constituent (‘multi-constituent substances’) are no different from mixtures composed of two or more substances. In accordance with Article 13 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council39, aimed to limit animal testing, data on multi- constituent substances is to be generated under the same conditions as data on any other substance, while data on individual constituents of a substance is normally not to be generated, except where individual constituents are also substances registered on their own. Where data on individual constituents is available, multi-substances containing more than one constituentsubstances should be evaluated and classified following the same classification rules as mixtures, unless Annex I to Regulation (EC) No 1272/2008 provides for a specific provision for those multi-constituentsubstances. substances. Specific provisions could be provided into Annex I on the basis of adequate and reliable scientific argumentation. Such derogations would be needed for cases where using data on constituents and calculation rules would result in a less appropriate classification of a substance with more than one constituent than by using data on the substance itself. This could be the case for example when a substance with more than one constituent contains constituents interacting with each other. Such interactions could have an impact on the hazard of the whole substance, notably when antagonistic effects occur. The scientific criteria to derogate to the mixture rule should be established by the Risk Assessment Committee. This committee should also be consulted for specific cases where appropriate. _________________ 39 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 86 #
2022/0432(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is normally not possible to sufficiently assess the endocrine disrupting properties for human health and the environment and the persistent, bioaccumulative and mobile properties of a mixture or of a multi-substance containing more than one constituent substance on the basis of data on that mixture or substance. The data for the individual substances of the mixture or for the individual constituents of the multi- constituent substance should therefore normally be used as the basis for hazard identification of those multi-constituent substances or mixtures. However, in certain cases, data on those multi-substances containing more than one constituent substances themselves may also be relevant. This is the case in particular where that data demonstrates endocrine disrupting properties for human health and the environment, as well as persistent, bioaccumulative and mobile properties, or where it supports data on the individual constituents. Therefore, it is appropriate that data on multi-constituent substancessubstances containing more than one constituent are used in those cases.
Amendment 91 #
2022/0432(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To increase enforceability of the obligation placed on suppliers to update their labels after a change in the classification and labelling of their substance or mixture, a deadline should be laid down as regards that obligation. A similar obligation placed on registrants is set out in Commission Implementing Regulation (EU) 2020/143540. Where the new hazard class is additional to an existing hazard class or represents a more severe hazard class or category, or where new supplemental labelling elements are required under Article 25, the deadline to update the labelling information in the case of adaptation of the classification in accordance with the result of a new evaluation should be set at 63months from the day on which the results of a new evaluation on the classification of that substance or that mixture were obtained. In case where a classification is updated to a less severe hazard class or category without triggering classification in an additional hazard class or new supplemental labelling requirements, the deadline for updating the labels should remain at 18 months from the day on which the results of a new evaluation on the classification of that substance or that mixture were obtained. It should also be clarified that, in cases of harmonised classification and labelling, the deadlines to update the labelling information should be set at the date of application of the provisions setting out the new or amended classification and labelling of the substance concerned, which is usually 18 months from the date of entry into force of those provisions. The same applies in case of changes triggered by other delegated acts adopted in light of the adaptation to technical and scientific progress, for instance as a result of the implementation of new or amended provisions of the UN Globally Harmonized System of Classification and Labelling of Chemicals (GHS). _________________ 40 Commission Implementing Regulation (EU) 2020/1435 of 9 October 2020 on the duties placed on registrants to update their registrations under Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 331, 12.10.2020, p.24.)
Amendment 105 #
2022/0432(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Harmonised classification and labelling proposals need not necessarily be limited to individual substances and could cover a group of similar substances, where such similarity allows for similar classification of all substances in the group. The purpose of such grouping is to alleviate the burden on manufacturers, importers or downstream users, the Agency and the Commission in the procedure for harmonisation of classification and labelling of substances. It also avoids testing of substances when similar substances can be classified as a group. Where it is scientifically justified and possible, proposals for classification should prioritise groups of substances rather than individual substances.
Amendment 110 #
2022/0432(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) To increase transparency and predictability of the proposals submitted to the Agency, the Member States’ competent authorities, manufacturers, importers or downstream users should be required to notify the Agency of their intention to submit a proposal for harmonised classification and labelling, while the Commission should be required to notify the Agency of its request to the Agency or to the Authority to prepare such proposal. Furthermore, the Agency should be required to publish information on such intention or request and update the information regarding the submitted proposal at each stage of the procedure for the harmonised classification and labelling of substances. For the same reason, a competent authority that receives a proposal for revision of a harmonised classification and labelling submitted by a manufacturer, importer or downstream user should be required to communicate its decision to accept or refuse the proposal for revision to the Agency, which should share that information with the other competent authorities. receives a proposal for revision of a harmonised classification and labelling submitted by a manufacturer, importer or downstream user should be required to communicate its decision to accept or refuse the proposal for revision to the Agency, which should share that information with the other competent authorities. Moreover, to increase the efficiency of the harmonised classification and labelling process, a 6 months deadline should be fixed for the Commission to amend Annex VI after the adoption of an opinion on any proposals submitted to the Agency.
Amendment 113 #
2022/0432(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Manufacturers and importers often notify different information for the same substance to be included in the Agency’s inventory for classification and labelling. In some cases, such divergences result from different impurities, physical states or other differentiations and may be justified. In other cases, the divergences are due to differences in data used for classification, or to disagreement between notifiers or registrants in the case of joint submission of data in accordance with Regulation (EC) No 1907/2006, or to obsolete classification entries. As a result, the classification and labelling inventory contains divergent classifications, which makes the inventory less effective as a hazard collection and communication tool and leads to incorrect classifications, ultimately hindering the ability of Regulation (EC) No 1272/2008 to protect human health and the environment. Therefore, the notifiers should be required to provide reasons for divergence from the most severe classification or for introducing a more severe classification per hazard class for the same substance to the Agency. To address divergences between more recent and obsolete classifications, notifiers should be required to update their notifications within 6 months after a decision to change the classification and labelling of a substance has been taken pursuant to a review in Article 15(1) of that Regulation. Moreover, the Agency should be able to remove incomplete, incorrect or obsolete notifications from the inventory after having informed the notifier.
Amendment 116 #
2022/0432(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Regulation (EC) No 1272/2008 regulates advertisement of hazardous substances and mixtures in a general manner and provides that an advertisement for a substance classified as hazardous is to mention the hazard classes or hazard categories concerned, and an advertisement for a mixture classified as hazardous or a mixture containing a classified substance is to mention the types of hazards indicated on the label where such advertisement allows concluding a contract for purchase without first having sight of the label. This obligation should be changed to ensure that the advertisement of hazardous substances and mixtures contains all the information which is most important in terms of safety and protection of human health and the environment. Therefore, the advertisement should contain the hazard pictogram, the signal word, the hazard class and the hazard statements. The hazard category should not be provided, as it is reflected by the hazard statement.
Amendment 122 #
2022/0432(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) Where the Agency deems it necessary, it should provide further guidance for the application of the provisions associated with the revision of this Regulation.
Amendment 123 #
2022/0432(COD)
Proposal for a regulation
Recital 35 b (new)
Recital 35 b (new)
(35b) The revision of this regulation expands the tasks and remit of the Agency. In order to provide adequate expertise, support, and thorough scientific evaluations, a sustainable funding for the Agency should be ensured under the framework of the upcoming ECHA Founding Regulation.
Amendment 135 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1272/2008
Article 2 – paragraph 7a
Article 2 – paragraph 7a
Amendment 142 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Regulation (EC) 1272/2008
Article 2 – paragraph 1 – point 38 a (new)
Article 2 – paragraph 1 – point 38 a (new)
(ba) In Article 2, the following point 38 a is added: '38a. refill’ means an operation by which a consumer or a professional user fills its own container, which fulfils the packaging function, with a hazardous substance or mixture offered by a supplier in the context of a commercial transaction;'
Amendment 143 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b b (new)
Article 1 – paragraph 1 – point 2 – point b b (new)
Regulation (EC) 1272/2008
Article 2 – paragraph 1 – point 38 b (new)
Article 2 – paragraph 1 – point 38 b (new)
(bb) In Article 2, the following point 38 b is added: '38b. refill station’ means a place where a supplier offers to consumers or professional users hazardous substances or mixtures that can be purchased through refill;'
Amendment 154 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) 1272/2008
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
A multi-constituent substance containing at leastmore than one constituent, in the form of an individual constituent, an identified impurity or an additive for which relevant information referred to in paragraph 1 is available, shall be examined in accordance with the criteria set out in this paragraph, using the available information on those constituents as well as on the substance, unless Annex I lays down a specific provision.
Amendment 155 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) 1272/2008
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
For the evaluation of multi-substances containing more than one constituent substances pursuant to Chapter 2 of this Title in relation to the ‘germ cell mutagenicity’, ‘carcinogenicity’, ‘reproductive toxicity’, ‘endocrine disrupting property for human health’ and ‘endocrine disrupting property for the environment’ hazard classes referred to in sections 3.5.3.1, 3.6.3.1, 3.7.3.1, 3.11.3.1. and 4.2.3.1. of Annex I, the manufacturer, importer or downstream user shall use the relevant available information referred to in paragraph 1 for each of the individual constituents in the substance.
Amendment 160 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1272/2008
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
Relevant available information on the multi-substance containing more than one constituent substance itself shall be taken into account where one of the following conditions are met:
Amendment 161 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1272/2008
Article 5 – paragraph 3 – subparagraph 3 – point b a (new)
Article 5 – paragraph 3 – subparagraph 3 – point b a (new)
(ba) the information conforms to the derogation criteria established in Annex I in accordance with paragraph 4.
Amendment 163 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1272/2008
Article 5 – paragraph 3 – subparagraph 4
Article 5 – paragraph 3 – subparagraph 4
Relevant available information on the multi-constituent substancesubstance containing more than one constituent itself showing absence of certainthe properties referred to in point (a) or less severe properties shall not override the relevant available information on the constituents in the substance.
Amendment 167 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 Regulation (EC) No 1272/2008
Article 1 – paragraph 1 – point 4 Regulation (EC) No 1272/2008
For the evaluation of multi-substances containing more than one constituent substances pursuant to Chapter 2 of this Title in relation to the ‘biodegradation, persistence, mobility and bioaccumulation’ properties within the ‘hazardous to the aquatic environment’ ‘persistent, bioaccumulative and toxic’, ‘very persistent and very bioaccumulative’, ‘persistent, mobile and toxic’ and ‘very persistent and very mobile’ hazard classes referred to in sections 4.1.2.8 4.1.2.9, 4.3.2.3.1, 4.3.2.3.2, 4.4.2.3.1 and 4.4.2.3.2 of Annex I, the manufacturer, importer or downstream user shall use the relevant available information referred to in paragraph 1 for each of the individual constituents in the substance.
Amendment 172 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1272/2008
Article 5 – paragraph 3 – subparagraph 6
Article 5 – paragraph 3 – subparagraph 6
Relevant available information on the multi-substance containing more than one constituent substance itself shall be taken into account where one of the following conditions are met:
Amendment 174 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1272/2008
Article 5 – paragraph 3 – subparagraph 6 – point a
Article 5 – paragraph 3 – subparagraph 6 – point a
(a) the information demonstrates biodegradation, persistence, mobility and bioaccumulation properties., or lack of biodegradation
Amendment 175 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1272/2008
Article 5 – paragraph 3 – subparagraph 6 – point b a (new)
Article 5 – paragraph 3 – subparagraph 6 – point b a (new)
(ba) the information conforms to the derogation criteria established in Annex I in accordance with paragraph 4.
Amendment 178 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1272/2008
Article 5 – paragraph 3 – subparagraph 7
Article 5 – paragraph 3 – subparagraph 7
Relevant available information on the multi-constituent substancesubstance containing more than one constituent itself showing absence of certainthe properties referred to in (a) or less severe properties shall not override the relevant available information on the constituents in the substance.
Amendment 180 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1272/2008
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
In Article 5, the following paragraph 3a is added: 'The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 53 in order to amend Annex I to lay down derogation criteria referred to in paragraph 3, subparagraphs 3(ba) and 5(ba) on the basis of the opinion of the Committee for Risk Assessment of the Agency set up pursuant to Article 76(1)(c) of Regulation (EC) No 1907/2006. The opinion of the Committee for Risk Assessment shall be based on reliable and updated scientific information, particularly when it demonstrates the occurrence of antagonistic effects among constituents impacting the hazard of the substance.'
Amendment 190 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 1272/2008
Article 6 – paragraph 3
Article 6 – paragraph 3
For the evaluation of mixtures pursuant to chapter 2 of this Title in relation to the ‘germ cell mutagenicity’, ‘carcinogenicity’, ‘reproductive toxicity’, ‘endocrine disrupting property for human health’ and ‘endocrine disrupting property for the environment’ hazard classes referred to in sections 3.5.3.1, 3.6.3.1, 3.7.3.1, 3.11.3.1 and 4.2.3.1 of Annex I, the manufacturer, importer or downstream user shall only use the relevant available information referred to in paragraph 1 for the substances in the mixture and not for the mixture itself .
Amendment 193 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 1272/2008
Article 6 – paragraph 4
Article 6 – paragraph 4
4. For the evaluation of mixtures pursuant to Chapter 2 of this Title in relation to the ‘biodegradation, persistency, mobility and bioaccumulation’ properties within the ‘hazardous to the aquatic environment’, ‘persistent, bioaccumulative and toxic’, ‘very persistent and very bioaccumulative’, ‘persistent, mobile and toxic’ and ‘very persistent and very mobile’ hazard classes referred to in sections 4.1.2.8, 4.1.2.9, 4.3.2.3.1, 4.3.2.3.2, 4.4.2.3.1 and 4.4.2.3.2 of Annex I, the manufacturer, importer or downstream user shall only use the relevant available information referred to in paragraph 1 for the substances in the mixture and not for the mixture itself ; However, where the available test data on the mixture itself demonstrates persistent, mobile, or bioaccumulation properties which have not been identified from the relevant available information on the individual substance referred to in the first subparagraph, that data shall also be taken into account for the purposes of the evaluation of the mixture referred to in the first subparagraph.
Amendment 209 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) 1272/2008
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
(7a) In Article 18, paragraph 3, point (b) is replaced by the following: "‘(b) the identity of all substances in the mixture that contribute to the classification of the mixture as regards acute toxicity, skin corrosion or serious eye damage, germ cell mutagenicity, carcinogenicity, reproductive toxicity, endocrine disruption for human health, endocrine disruption for the environment, respiratory or skin sensitisation, specific target organ toxicity (STOT) or aspiration hazard. , persistent, bioaccumulative and toxic (PBT), very persistent, very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), very persistent, very mobile (vPvM) properties.’;" Or. en (Regulation 1272/2008)
Amendment 214 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) 1272/2008
Article 25 – paragraph 2 and 3
Article 25 – paragraph 2 and 3
In article 25, paragraph 2 and 3 are replaced by the following: "2. A statement shall be included in the section for supplemental information on the label where a substance or mixture classified as hazardous falls within the scope of Directive 91/414/EECRegulation (EC) No 1107/2009 or Regulation (EU) No 528/2012 .The statement shall be worded in accordance with Part 4 of Annex II and Part 3 of Annex III to this Regulation. 3. The supplier may include supplemental information in the section for supplemental information on the label other than that referred to in paragraphs 1, 2 and 27, provided that that information does not make it more difficult to identify the label elements referred to in Article 17(1) (a) to (g) and that it provides further details and does not contradict or cast doubt on the validity of the information specified by those elements. " Or. en (Regulation 1272/2008)
Amendment 220 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1272/2008
Article 30 – paragraph 1
Article 30 – paragraph 1
1. In case of a change regarding the classification and labelling of a substance or a mixture, which results in the addition of a new hazard class or in a more severe classification, or which requires new supplemental information on the label in accordance with Article 25, the supplier shall ensure that the label is updated within 63 months after the results of the new evaluation referred to in Article 15(4) were obtained.
Amendment 229 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 1272/2008
Article 32 – paragraph 6
Article 32 – paragraph 6
(14) in Article 32, paragraph 6 is deleted; and replaced by the following; ´6. Where the label elements referred to in Article 17(1) is provided by means of a fold-out label, the front page shall contain at least the information provided in accordance with Article 17(1)(e) in all languages of the label along with a reference to the additional information provided on the inside page(s).'
Amendment 233 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 1272/2008
Article 34a – paragraph 2a (new)
Article 34a – paragraph 2a (new)
2a. In Article 34a, the following paragraph 2a is added: 'The Commission shall document in full transparency the decision process to determine what information is not instrumental for the safety of the user or the protection of the environment.'
Amendment 239 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1272/2008
Article 35 – paragraph 2a
Article 35 – paragraph 2a
2a. Hazardous substances or mixtures may be supplied to consumers and professional users via refill stations only if, in addition to the requirements set out in Titles III and IV, the conditions laid down in section 3.4 of Annex II are fulfilled. This paragraph shall not apply to hazardous substances or mixtures supplied to the general public without packaging in accordance with Article 29(3).;
Amendment 247 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point a
Article 1 – paragraph 1 – point 18 – point a
Regulation (EC) No 1272/2008
Article 37 – paragraph 1 – subparagraph 3 a (new)
Article 37 – paragraph 1 – subparagraph 3 a (new)
In Article 37, the following subparagraph 3a is added: 'Whenever considered scientifically justified and possible by a competent authority or the Commission, proposals for harmonised classification and labelling should prioritise groups of rather than individual substances.'
Amendment 250 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point e
Article 1 – paragraph 1 – point 18 – point e
Regulation (EC) 1272/2008
Article 37 – paragraph 5
Article 37 – paragraph 5
The Commission shall adopt without undue delayin 6 months after the adoption of an opinion by the Committee for Risk Assessment of the Agency in accordance with paragraph 4, delegated acts in accordance with Article 53a to amend Annex VI by inclusion of substances together with the relevant classification and labelling elements and, where appropriate, the specific concentration limits, M-factors or acute toxicity estimates in Table 3 of Part 3 of Annex VI.
Amendment 254 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point e
Article 1 – paragraph 1 – point 18 – point e
Regulation (EC) No 1272/2008
Article 37 – paragraph 6
Article 37 – paragraph 6
6. Manufacturers, importers and downstream users who have new information which may lead to a change of the harmonised classification and labelling elements of substances in Part 3 of Annex VI shall submit a proposal in accordance with paragraph 2, second subparagraph, to the competent authority in one of the Member States in which the substances are placed on the market.; Any proposal referred to in the first subparagraph shall be accompanied by a fee determined by the Commission in accordance with the regulatory procedure referred to in Article 54(2) of this Regulation.
Amendment 255 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point f
Article 1 – paragraph 1 – point 18 – point f
Regulation (EC) 1272/2008
Article 37 – paragraph 7
Article 37 – paragraph 7
The Commission shall adopt delegated acts in accordance with Article 53a to amend Table 3 of Part 3 of Annex VI to this Regulation by inclusion of substances as endocrine disruptor category 1 for human health properties, endocrine disruptor category 1 for environment properties, as persistent, bioaccumulative and toxic or as very persistent and very bioaccumulative, as persistent, mobile and toxic or as very persistent, very mobile, together with relevant classification and labelling elements where, on … [OP: please insert the date = the date of entry into force of Commission Delegated Regulation (EU) …i.e. delegated act on the new hazard classes - reference to be added once adopted], those substances have been included in the candidate list referred to in Article 59(1) of Regulation (EC) No 1907/2006.
Amendment 259 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new) Regulation (EC) 1272/2008
Article 1 – paragraph 1 – point 20 a (new) Regulation (EC) 1272/2008
(20a) The Article 41 is replaced by the following: "Agreed entries Where the notification in Article 40(1) results in different entries on the inventory referred to in Article 42 for the same substance, the notifiers and registrants shall make every effort to come to an agreed entry to be included in the inventory. The notifiers shall inform the Agency accordingly. In case where notifiers and registrants cannot come to an agreed entry because of divergences about the level of scientific evidence supporting a classification and labelling of the same substance, the most protective classification shall prevail.'" Or. en (32008R1272)
Amendment 266 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) 1272/2008
Article 42 – paragraph 3 a (new)
Article 42 – paragraph 3 a (new)
In Article 42, the following paragraph 3a is inserted: 3a. Where the Agency considers that an entry is incomplete, incorrect or obsolete it shall delete the corresponding entry from the inventory after having informed the notifier .
Amendment 268 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
(21a) The following Article -43 is added: Article -43 – Right to request action from competent authorities and the Commission 1. Any natural or legal person, individually or in association, shall be entitled to submit substantiated evidence to competent authorities as referred to in Article 43 or the Commission, such as peer reviewed studies, human biomonitoring data, or environmental monitoring data, on the hazardous properties of a substance(s) or mixture(s) showing that hazardous properties of a substance(s) or mixture(s) may not have been sufficiently considered in the classification or labelling process. 2. The competent authorities or the Commission shall diligently and impartially assess the information submitted in accordance with paragraph 1, integrating the evidence submitted to all other available evidence using a weight of evidence approach. 3. Where the evidence submitted shows non-compliance with one or several of the requirements on the classification, labelling and packaging of substances and mixtures, enforcement measures shall be initiated in accordance with Article 47. 4. Where the assessment has showed that the substance(s) meets the criteria for classification in any of the hazard classes referred to in Article 36(1), the competent authority or the Commission shall initiate a process of harmonised classification and labelling. Where the assessment has showed a wide dispersive use of and/or consumer exposure to the substance or mixture concerned, the competent authority or the Commission shall initiate a risk management process under Article 59, Article 69, or Article 68(2) of Regulation (EU) No 1907/2006. Where the assessment has showed a lack of information on the risk to health or the environment posed by a hazardous substance or mixture, the competent authority or the Commission shall require companies or any other relevant actor to provide more information, with a view to take risk management measures under Titles VI, VII or VIII of Regulation (EU) 1907/2006, where necessary. 5. Where the evidence submitted should have been included in the registration dossier submitted under Regulation (EU) No 1907/2006 but was omitted by the registrant, enforcement measure should be initiated under Article 126 of Regulation (EU) No 1907/2006 against registrants which registration is non- compliant. 6. The competent authority or the Commission, shall, within 6 months, inform the natural or legal persons referred to in paragraph 1, of its opinion on the evidence and concerns so submitted, and of any steps it plans to take to address these concerns, providing the reasons for both the opinion reached and the steps proposed. 7. Competent authorities and the Commission shall publish an annual report on the requests received and their treatment.
Amendment 270 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21 b (new)
Article 1 – paragraph 1 – point 21 b (new)
Regulation (EC) 1272/2008
Article –43 a (new)
Article –43 a (new)
Amendment 281 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point -a (new)
Article 1 – paragraph 1 – point 26 – point -a (new)
Regulation (EC) 1272/2008
Article 53 – paragraph 1– subparagraph 1 a (new)
Article 53 – paragraph 1– subparagraph 1 a (new)
(-a) In Article 53, paragraph 1, the following subparagraph 1a is added: 'The Commission shall, no later than 2025, adopt delegated acts in accordance with Article 53a to propose the development of hazard criteria for immunotoxicity and neurotoxicity;'
Amendment 287 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point c
Article 1 – paragraph 1 – point 26 – point c
Regulation (EC) No 1272/2008
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Commission shall regularly evaluate the development of alternative test methods referred to in Article 13(1) of Regulation (EC) No 1907/2006 for classification of substances and mixtures. Where validated alternative test methods are not available for the endpoint in discussion, the expert judgement of competent authorities on the type of data necessary to decide on the classification of substances and mixtures shall prevail.
Amendment 304 #
2022/0432(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Regulation (EC) No 1272/2008
Annex I – Part 1 – Section 1.2.1.5. – point a a (new)
Annex I – Part 1 – Section 1.2.1.5. – point a a (new)
(aa) there is a significant contrast between the print and the background;
Amendment 305 #
2022/0432(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Regulation (EC) No 1272/2008
Annex I – Part 1 – Section 1.2.1.5. – point d a (new)
Annex I – Part 1 – Section 1.2.1.5. – point d a (new)
(da) the label elements provided in accordance with Articles 18, 20 and 21 shall be emphasised through a typeset that clearly distinguishes it from the rest of the text for example by means of the colour or style.
Amendment 312 #
2022/0432(COD)
Proposal for a regulation
Annex II – paragraph 1 – point -1 (new)
Annex II – paragraph 1 – point -1 (new)
Regulation (EC) No 1272/2008
Annex II – part 3 – section 3.1.1.1
Annex II – part 3 – section 3.1.1.1
(-1) In in Part 3 of Annex II, section 3.1.1.1 is replaced by the following: ‘Packaging of whatever capacity containing a substance or mixture supplied to the general public and classified for acute toxicity, categories 1 to 3, STOT — single exposure category 1, STOT — repeated exposure category 1, or skin corrosion category 1, or serious eye damage category 1 shall be fitted with child- resistant fastenings.’
Amendment 314 #
2022/0432(COD)
Proposal for a regulation
Annex II – paragraph 1 – point -1 a (new)
Annex II – paragraph 1 – point -1 a (new)
Regulation (EC) No 1272/2008
Annex II – part 3 – section 3.2.1.1
Annex II – part 3 – section 3.2.1.1
(-1a) In in Part 3 of Annex II, section 3.2.1.1 is replaced by the following: ‘Where substances or mixtures are supplied to the general public and classified for acute toxicity, skin corrosion/skin irritation, serious eye damage/eye irritation, germ cell mutagenicity category 2, carcinogenicity category 2, reproductive toxicity category 2, respiratory sensitisendocrine disruption for human health category 2, endocrine disruption for the environment category 2, respiratory or skin sensitization, STOT categories 1 or 2, aspiration hazard, flammable gases, flammable liquids categories 1 or 2, or flammable solids, the packaging of whatever capacity, shall be fitted with a tactile warning of danger.’
Amendment 316 #
2022/0432(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1
Annex II – paragraph 1 – point 1
Regulation (EC) No 1272/2008
Annex II – Part 3 – Section 3.4 – point b
Annex II – Part 3 – Section 3.4 – point b
(b) a label is firmly affixed on a visible place of the refill station and with a font size that is easily legible and without serifsfulfils the requirements in Article 31;
Amendment 317 #
2022/0432(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1
Annex II – paragraph 1 – point 1
Regulation (EC) No 1272/2008
Annex II – Part 3 – Section 3.4 – point b a (new)
Annex II – Part 3 – Section 3.4 – point b a (new)
(ba) a label that fulfils the requirements in Article 31 is available at the refill station, free-of-charge for consumers in a self-adhesive sticker form to be affixed on the container used by the consumer. Where refill stations provide several substances or mixtures, labels should easily and clearly identify which substance or mixture provided at the refill station they correspond to.
Amendment 321 #
2022/0432(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1
Annex II – paragraph 1 – point 1
Regulation (EC) No 1272/2008
Annex II – Part 3 – Section 3.4 – point iv a (new)
Annex II – Part 3 – Section 3.4 – point iv a (new)
(iva) Serious eye damage/irritation category 1;
Amendment 323 #
2022/0432(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1
Annex II – paragraph 1 – point 1
Regulation (EC) No 1272/2008
Annex II – Part 3 – Section 3.4 – point v a (new)
Annex II – Part 3 – Section 3.4 – point v a (new)
(va) Skin sensitisation category 1 (sub- categories 1A, 1B);
Amendment 326 #
2022/0432(COD)
Proposal for a regulation
Annex II a (new)
Annex II a (new)
Regulation (EC) No 1272/2008
Annex VI – Part 2
Annex VI – Part 2
In Annex VI, part 2 is replaced by the following: ‘PART 2: DOSSIERS FOR HARMONISED CLASSIFICATION AND LABELLING This Part lays down general principles for preparing dossiers to propose and justify harmonised classification and labelling. The relevant parts of sections 1, 2 and 3 of Annex I to Regulation (EC) No 1907/2006 shall be used for the methodology and format of any dossier. For all dossiers any relevant information from registration dossiers shall be considered and other available information may be used. For hazard information which has not been previously submitted to the Agency, a robust study summary shall be included in the dossier. A dossier for harmonised classification and labelling shall contain the following: — Proposal The proposal shall include the identity of the substance or substances concerned and the harmonised classification and labelling proposed. — Justification for the proposed harmonised classification and labelling A comparison of the available information with the criteria contained in Parts 2 to 5, taking into account the general principles in Part 1, of Annex I to this Regulation shall be completed and documented in the format set out in Part B of the Chemical Safety Report in Annex I to Regulation (EC) No 1907/2006. — Justification for other effects at Community level For other effects than carcinogenity, mutagenicity, reprotoxicity, endocrine disruption for human health and the environment, persistent bioaccumulative and toxic (PBT), very persistent, very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), very persistent, very mobile (vPvM), and respiratory sensitisation a justification shall be provided that there is a need for action demonstrated at Community level. This does not apply for an active substance in the meaning of Directive 91/414/EEC or Directive 98/8/EC.Regulation (EU) No 1107/2009 or Regulation (EU) No 528/2012.’
Amendment 91 #
2022/0400(COD)
Proposal for a directive
Recital 8
Recital 8
(8) All Member States have established equality bodies pursuant to Directive 2006/54/EC and 2010/41/EU. A diverse system of equality bodies has been put in place, and good practices have emerged. However, many equality bodies face challenges, in particular concerning the resources, independence and powers necessary to perform their tasks62 . It is important to point out that in a number of Member States, equality bodies also have competences in promoting equality and tackling discrimination on the grounds of gender identity and expression and sex characteristics. Since this is not the case in all Member States, this leads to differing levels of protection against discrimination as regards the matters covered by those Directives across the Union. _________________ 62 See the detailed analysis in SWD(2021) 63 final “Equality bodies and the implementation of the Commission Recommendation on standards for equality bodies”.
Amendment 140 #
2022/0400(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) To ensure that equality bodies actively consider the objective of equality between women and men, in all their diversity, when implementing provisions in the areas referred to in this Directive, Member States should actively promote gender mainstreaming and gender budgeting, as internationally recognised tools to reach gender equality.
Amendment 191 #
2022/0400(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Equality data, in particular sex- disaggregated data and gender statistics, are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends and shifts in social attitudes over time, proving the existence of discrimination, including multiple and intersectional discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75 . Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse data on their own activities or conduct surveys and should be able to access and make use of statistical information collected by other public or private entities – such as the national statistical offices, national courts, labour and education inspectorates, trade unions, media or civil society organisations - concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. That statistical information should not contain any personal data and should be available in an accessible format so that it can be readily used by equality bodies. Member States should ensure that equality bodies receive sufficient funding for their data collection and analysis tasks. The work of equality bodies on equality data should take into account existing guidance and resources on equality data, including those developed in the framework of the Subgroup on Equality Data of the Union’s High Level Group on Non- Discrimination, Equality and Diversity. _________________ 75 Report from the Commission to the European Parliament and the Council on the application of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (‘the Racial Equality Directive’) and of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (‘the Employment Equality Directive’) SWD(2021) 63 final.
Amendment 381 #
2022/0400(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article12a Gender mainstreaming Member States shall actively take into account the objective of equality between men and women when formulating and implementing laws, regulations, administrative provisions, policies and activities in the areas referred to in this Directive.
Amendment 384 #
2022/0400(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
Data collection and access to equality data statistics
Amendment 26 #
2022/0326(COD)
(1) A skilled workforce isCitizens with skills for the participation in a democratic society and the pursuit of personal development as well as a skilled workforce and quality jobs are crucial to ensuring socially fair and just green and digital transitions, and to strengthening the Union’s sustainable competitiveness and resilience in the face of adverse external shocks such as the COVID-19 pandemic or the fallout of Russia’s war of aggression against Ukraine. More and better skills, knowledge and qualifications, whether acquired in informal, non-formal or informal settings, open up new opportunities and empower individuals to fully participate in the labour market, society and democracy, to harness and benefit from the opportunities of the green and digital transitions and to exercise their rights.
Amendment 38 #
2022/0326(COD)
Proposal for a decision
Recital 2
Recital 2
(2) Across the Union, companies report difficulties to find workers with the necessary skills while for many workers it is difficult to find quality jobs which match their skills levels and qualifications. In 2021, 28 occupations were classified as having shortages, including the healthcare, hospitality, construction and service sectors, in addition to shortages of IT and security specialists, in particular cybersecurity experts, and workers with science, technology, engineering and mathematics background, as well as specialists that can support the societal adaptation to the green transition.22 Increasingly, the biggest constraint to a successful digital and green transition is the lack of quality job offers with decent wages and working conditions which results in a lack of workers with the rightnecessary skills22a. In many Member States, demographic ageing is expectedchange has been and is expected to continue to accelerate over the coming decade as “baby boom” cohorts retire, reinforcing the need to make use of the full potential of all working-age adults through continuous investments in their skills, knowledge and qualifications as well as activitating more people, in particular women, people with a migration background, low-skilled and low-qualified adults, and young people especially those not in education, employment or training (NEETs). Against this background, decent working conditions and access to social security systems, quality social services and an attractive living environment will play an even more prominent role in retaining and attracting skilled workers. Strengthening personal development and learning guidance from an early age and supporting equal access to information can help people to choose suitable learning pathways to quality employment opportunities. _________________ 22 European Labour Authority, Report on labour shortages and surpluses 2021 and ENISA, Cybersecurity skills development in the EU, March 2020. The ENISA studies identify that there is a gap of 291,000 professionals in cybersecurity. 22a According to CEDEFOP, 45 % of workers think that their skills do not fully match the job they do, while 70% of the companies suffer from skills shortages but few of them link this to obstacles they create to find skilled workers, e.g. recruitment processes, geographical location, salary levels and working conditions: European Skills and Jobs survey, CEDEFOP 2015 and Skills qualifications and jobs in the EU: the making of a perfect match? CEDEFOP 2015.
Amendment 53 #
2022/0326(COD)
Proposal for a decision
Recital 4
Recital 4
(4) Low skills of working-age adults remain a significant challenge for the Union, pointing to considerable untapped potential of upskilling and reskilling to help mitigate increasing labour shortages in sectors such as manufacturing and services, and in particular in economic activities related to hospitality and manufacturing of computer and electronic equipment, and the care sector.25 For care work in particular, the Commission should follow the ILO ‘5R’ Framework for Decent Care Work25a - recognize, reduce, redistribute, reward and representation. However, participation in adult learning in the Union has stagnated over the last decade and 21 Member States fell short of the 2020 EU- level target. For many adults, such as those in atypical forms of work, employees of small and medium-sized enterprises, the unemployed, the inactive and the low- qualified, skills development opportunities are too often out of reach. Increasing the upskilling and reskilling opportunities for these groups, and all working-age adults, also contributes to reaching the EU employment target of 78%, with employment rate in the EU in 2021 being at 73.1%.26 Further efforts are needed to provide effective support to low-skilled and low qualified workers and the unemployed in line with the Council recommendations on Upskilling Pathways: New Opportunities for Adults (2016) and on the Integration of the Long-term Unemployed into the Labour Market (2016). _________________ 25 European Commission, 2021 Labour Market and Wage Developments in Europe, p. 26 25a ILO’s ‘Care work and care jobs for the future of decent work’ 26 Eurostat, Employment (as % of the population aged 20 to 64), (LFSI_EMP_A)
Amendment 64 #
2022/0326(COD)
Proposal for a decision
Recital 6
Recital 6
(6) Principle 3 of the European Pillar of Social Rights underlines that regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, everyone has the right to equal treatment and opportunities, and this includes employment and education. The European Year of Skills should be carried out in a way that is inclusive and actively promotes equality for all. The European Pillar of Social Rights Action Plan29 points out that by increasing participation of groups which are currently under-presented in the labour market, we can it is possible to achieve a more inclusive employment growth. _________________ 29 The European Pillar of Social Rights Action Plan (europa.eu)
Amendment 69 #
2022/0326(COD)
Proposal for a decision
Recital 7
Recital 7
(7) The European Skills Agenda30 , adopted in July 2020, calls for a skills revolution to ensure the recovery of our economy, strengthen Europe’s global competitiveness and turn the green and digital transitions into opportunities for all. It aims to foster collective action on skills, ensure that training content is alignedto improve the overall qualifications of people in view of a more active and engaged citizenship, to increase the alignment of training content with the evolving labour market needs, and better match training opportunities with people's aspirations to incentivise their uptake across the working-age population. The European Parliament welcomed the objectives and actions of the European Skills Agenda in its Resolution of 11 February 2021.31 _________________ 30 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - European Skills Agenda for sustainable competitiveness, social fairness and resilience (COM(2021)274 final) 31 European Parliament, European Parliament resolution of 11 February 2021 on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions European Skills Agenda for sustainable competitiveness, social fairness and resilience (2020/2818(RSP))
Amendment 78 #
2022/0326(COD)
Proposal for a decision
Recital 9 – paragraph 3
Recital 9 – paragraph 3
The Year of Skills follows the 2022 European Year of Youth which sought to empower, honour, support and engage with young people, including those with fewer opportunities, in a post-COVID-19 pandemic perspective with a view to having a long-term positive impact for young people. The European Year of Youth already emphasised the importance of skills to find good quality employment for young people.
Amendment 88 #
2022/0326(COD)
Proposal for a decision
Recital 10
Recital 10
(10) As companies and other stakeholder, workers and trade unions know best what skills are needed to perform new jobs and tasks in their industrial ecosystems, strengthening their collective action on skills development has to be part of the solution. The Pact for Skills brings together companies, social partnertrade unions, education and training providers, public employment services and other key skills stakeholders, both private and public. So far, more than 700 organisations have signed up and 12 large scale partnerships in strategic sectors have been set up, with pledges to promote 6 million training opportunities. The regional dimension is also important, including in border regions, where finding workers with the right skills requires targeted measures to support effective cross-border labour markets. Similarly, disadvantaged and remote regions, including the outermost, face particular challenges as access to the labour market and upskilling and reskilling opportunities are limited.
Amendment 94 #
2022/0326(COD)
Proposal for a decision
Recital 11
Recital 11
(11) The Council Recommendations on Individual Learning Accounts34 and Micro- credentials for lifelong learning and employability35 help people to update or complete their skill-sets, also in response to emerging skills needs in the labour market, in a more flexible and targeted way. The Council Resolution from December 2021 on a new European Agenda for Adult Learning 2021-203036 promotes formal, non-formal and informal learning opportunities capable of providing all the necessary knowledge, skills and competences to create an inclusive, sustainable, socially just and more resilient Europe, as well as upskilling and reskilling that can in turn reduce skills mismatches and labour shortages. SkillsQuality career guidance and skills self-assessment opportunities are among the measures whichneeded to support people in their up- and reskilling. _________________ 34 Council Recommendation of 16 June 2022 on individual learning accounts (OJ C 243, 27.6.2022, p. 26) 35 Council Recommendation of 16 June 2022 on a European approach to micro- credentials for lifelong learning and employability (OJ C 243, 27.6.2022, p. 10) 36 Council Resolution on a new European agenda for adult learning 2021-2030 (OJ C 504, 14.12.2021, p. 9)
Amendment 99 #
2022/0326(COD)
Proposal for a decision
Recital 12
Recital 12
(12) The strengthened active labour market policies advocated for by the EASE (Effective Active Support to Employment) Commission Recommendation37 aim to support transitions into new employment amid the recovery from the COVID-19 crisis and the better matching of skills in the labour market, supported by employment services with a sufficient administrative capacity. _________________ 37 Commission Recommendation of 4.3.2021on an effective active support to employment following the COVID-19 crisis (EASE) (OJ L 80, 8.3.2021, p. 1)
Amendment 107 #
2022/0326(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The Council Recommendation on vocational education and training (VET)38 supports modernisation of VET systems to equip young people and adults with the knowledge, skills and competences they need to thrive in the evolving labour market and society, to manage the recovery and the just transitions to the green and digital economy, in times of demographic change and throughout all economic cycles. It promotes VET as a potential driver for innovation and growth, which is agile in adapting to labour market changes and providing skills for occupations in high demand. _________________ 38 Council Recommendation of 24 November 2020 on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (OJ C 417 2.12.2020, p. 1)
Amendment 115 #
2022/0326(COD)
Proposal for a decision
Recital 14
Recital 14
(14) Skills for the greenjust, green and digital transition and the upskilling and reskilling of the workforce will be needed in the context of the shift to a modern, resource- efficient and competitive economy, as laid out under the European Green Deal39 setting the path towards EU climate neutrality by 2050. The Commission Communication “Fit for 55”40 recognises that the green transition can only succeed if the Union has the skilled workforce it needs to stay competitive and points to the flagship actions of the Skills Agenda to equip people with the skills that are needed for the green and digital transitions. _________________ 39 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) 40 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Fit for 55: delivering the EU's 2030 Climate Target on the way to climate neutrality (COM(2021) 550 final)
Amendment 118 #
2022/0326(COD)
Proposal for a decision
Recital 15
Recital 15
(15) The Digital Decade Policy Programme 203041 reiterates the objective of ensuring that at least 80% of the EU population have at least basic digital skills by 2030, and sets the target of 20 million employed ICT specialists, with the aim of achieving gender convergence, by 2030, also by creating a cooperation framework between the Member States and the Commission. The Digital Decade42 stresses the lack of capacity of specialised education and training programmes to train additional ICT experts. The Digital Education Action Plan 2021-202743 emphasises that technological means should be used to ease accessibility and strengthen flexibility of learning opportunities, including upskilling and reskilling. Platform work can provide opportunities for employment and for accessing the labour market more easily, especially for disadvantaged groups, gaining additional income through a secondary activity or enjoying some flexibility in the organisation of working time. Most persons performing platform work have another job or other source of income and tend to be low paid. At the same time, platform work brings challenges, as it can result in unpredictable working hours and blur the boundaries between employment relationships and self-employed activities on one hand and the responsibilities of employers and workers on the other. Misclassification of the employment status has consequences for the persons affected as it restricts access to existing labour and social rights. It can also lead to labour exploitation and an uneven playing field with respect to businesses that classify their workers correctly, especially affecting SMEs. More over, it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy. _________________ 41 Proposal for a Decision of the European Parliament and of the Council establishing the 2030 Policy Programme “Path to the Digital Decade” (COM/2021/574 final) 42 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions; 2030 Digital Compass: the European way for the Digital Decade (COM (2021)118 final) 43 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Digital Education Action Plan (COM/2018/022 final)
Amendment 130 #
2022/0326(COD)
Proposal for a decision
Recital 17
Recital 17
(17) AttImproving the Union’s labour migractingon framework could help to attract skilled third-country nationals can contribute toin view of tackling the Union’s skills and labour shortages. In October 2021, the revised EU Blue Card Directive45 entered into force, a key achievement for attracting highly skilled talent into the labour market. The New Pact on Migration and Asylum46 also places a strong emphasis ones labour migration and on integration of third country nationals. Against this background, the Commission adopted a Skills and Talent Package47 in April 2022 to reinforce the legal framework and Union action in this area. Proposals to recast the Long- Term Residents Directive and the Single Permit Directive will allow to simplify the procedures for the admission of workers of all skill levels to the Union and to provide better protection and rights. The Commission will also continue to roll out an EU Talent Pool to facilitate labour matching with non-EU nationals, with the involvement of social partners. The Commission is also working towards the launch of tailor-made Talent Partnerships with specific key partner countries to boost international labour mobility and development of talent in a mutually beneficial and circular way. Social partners should be involved in the development, implementation and monitoring of these partnerships. In addition, the Union continues to be the leading contributor to global funding for education focusing especially on teacher training, girls education and vocational education and training. This work, under the umbrella of the Global Gateway strategy48 , is complementary to the objectives of this proposal. Fair remuneration, social protection and full disclosure of workers’ rights must be ensured for all migrant workers according to the existing Union and national legislation. _________________ 45 Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC (OJ L 382, 28.10.2021, p. 1) 46 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a New Pact on Migration and Asylum (COM/2020/609 final) 47 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Attracting skills and talent to the EU (COM/2022/657 final) 48 Joint Communication to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank The Global Gateway (JOIN/2021/30 final)
Amendment 144 #
2022/0326(COD)
Proposal for a decision
Recital 19
Recital 19
(19) Overall public and private investments in upskilling and reskilling are insufficient. Most job-related training in the Union is employer-sponsored or supported by social partners’ funds. However, many companies, in particular SMEs, do not provide or fund training for their staff, and individuals in atypical work have less or no access to employer- sponsored training. Such inequalities undermine individuals’ welfare and health, reduce economic competitiveness, result in missed opportunities and barriers to innovation and risk leaving people behind in the transition to more sustainable economic activities. An enabling framework unlocking and incentivising employers’ financial investments in skills and giving visibility to the economic value of upskilling and reskilling is neededduring working time is needed. In addition, it is important to recall that decent working conditions are essential to retain and to attract skilled workers. Training provided to workers by their companies must not affect their remuneration and should include a more general and broad set of skills and competences that can be combined with the specific needs of training of each company.
Amendment 161 #
2022/0326(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
The year 2023period 9 May 2023 until 8 May 2024 shall be designated as the ‘European Year of Skills 2023’ (hereinafter referred to as the ‘European Year’).
Amendment 163 #
2022/0326(COD)
Proposal for a decision
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
In line with principles 1, 4 and 5 of the European Pillar of Social Rights, contributing to the objectives set out in the 2020 European Skills Agenda and the EU headline targets set by the European Pillar of Social Rights Action Plan, the overall objective of the European Year shall be to further promote a mindset of reskilling and upskilling as well as investing in the overall skills, knowledge and qualifications of workers, thereby boosting competitiveness of European companies, in particular small and medium-sized entreprises, realising the full potential of the digital and green transitions in a socially fair, inclusive and just manner, namely through access to fair remuneration that guarantees a decent standard of living, including through collective agreements and minimum wages. More specifically, the activities of the Year will promote skills policies and investments to empower people to participate in social, political and professional life, and to ensure that nobody is left behind in the twin transition and the economic recovery, and to notably address labourskill shortages for a better skilledof citizens and the workforce in the Union that is able to seize the opportunities of this process, by:
Amendment 173 #
2022/0326(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. Promoting increased, more effective and inclusive investment into training and upskilling to harness the full potential of the European current and future workforce and, to support people in managing job-to-job transitions, active ageingto encourage personal development, and to benefiting from the new opportunities brought by the ongoing economic and societal transformations, especially supporting via targeted actions those most disadvantaged to engage in lifelong learning opportunities and to remain in employment until retirement.
Amendment 182 #
2022/0326(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. Strengthening skills relevance by closely cooperating with provision and access to upskilling and reskilling by closely cooperating with and promoting cooperation between social partners, public and private employment services, companies, education and training providers and civil society organisations, and developing joined-up approaches with all branches of governments. Social dialogue plays a key role in this context.
Amendment 192 #
2022/0326(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. Matching people’s aspirations and skills-set with labour market opportunities especially those offered by the green and digital transitions and the core sectors in need of recovery from the pandemic. A special focus will be given to activate more people for the labour market, in particular women, people with a migration background, low-skilled and low-qualified adults and young people especially those not in education, employment or training (NEETs).
Amendment 198 #
2022/0326(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
4. Attracting people from third countries with the skills needed by the Union, including by strengthening learning opportunities and mobility, and by facilitating the recognition of qualificationsvalidation of their skills and competences and the recognition of qualifications. Supporting migrants, asylum seekers and refugees to upskill and reskill and to access quality jobs and information regarding working conditions and social protection is essential in this regard.
Amendment 203 #
2022/0326(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
4a. Promoting decent working conditions at company level to retain and attract skilled workers.
Amendment 204 #
2022/0326(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 4 b (new)
Article 2 – paragraph 1 – point 4 b (new)
4b. Promoting support and solutions for people who are not able to reskill or upskill in order to ensure that no one is left behind.
Amendment 209 #
2022/0326(COD)
Proposal for a decision
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) conferences, forum discussions and further events to promote debate on the role and contribution of skills policies to achieve competitive, sustainable and fair economic growth in light ofan active citizenship for resilient democracies as well as competitive, sustainable and fair economic growth, based on decent wages, mental well-being, inclusion and remuneration of internships, traineeships and apprenticeships to avoid exploitation, to tackle major challenges such as climate change and the demographic change, and to mobilise relevant stakeholders to ensure access to training is a reality on the ground;
Amendment 223 #
2022/0326(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) increasing dialogue inwith existing stakeholder groups and networks, also via established online platformincluding tripartite advisory committees, also via established online platforms, and promoting cooperation between European cross-sectoral and sectoral social partners;
Amendment 227 #
2022/0326(COD)
Proposal for a decision
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) promoting and further implementing tools and instruments for increased transparency and mutual validation and recognition of qualifications, including qualifications awarded outside the Union, and for the validation and recognition of skills acquired in non-formal or informal settings;
Amendment 232 #
2022/0326(COD)
Proposal for a decision
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) promoting programmes, funding opportunities, projects, actions and networks of relevance to public, private and non-governmental stakeholders, involved in the design, dissemination and implementation of upskilling and reskilling opportunities, learning and education and vocational training;
Amendment 244 #
2022/0326(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
The organisation of participation in the European Year at national and regional level shall be a responsibility of the Member States. To that end, each Member State shall appoint a national coordinator that can represent the different branches of government in a holistic manner. The national coordinators shall ensure the coordination of relevant activities at national and regional level and with policy makers, social partners and relevant stakeholders, including national and regional parliaments.
Amendment 248 #
2022/0326(COD)
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall rely on the expertise and assistance of relevant Union Agencies in implementing the European Year, in particular the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Centre for the Development of Vocational Training (CEDEFOP) and the European Training Foundation (ETF).
Amendment 255 #
2022/0326(COD)
Proposal for a decision
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall engage with social partners, labour market bodies, civil society organisations and representatives of organisations or bodies active in the field of skills, education and training to assist in implementing the European Year at Union level.
Amendment 259 #
2022/0326(COD)
Proposal for a decision
Article 7 – paragraph 1
Article 7 – paragraph 1
By 31 December8 May 20245, the Commission shall present a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation, results and overall assessment of the initiatives provided for in this Decision.
Amendment 85 #
2022/0278(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to preinforcserve free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies. Such measures include while ensuring the protection and equal treatment of workers when exercising their freedom of movement in times of crisis. Such measures should provide that essential and crisis relevant workers exercising their freedom of movement during a Single Market emergency are guaranteed the same level of protection in terms of health and safety as local workers active in the relevant sector in the receiving Member State as well as access to adequate information, including setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulation.
Amendment 92 #
2022/0278(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) If Member States adopt measures affecting free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what is necessary and remove them as soon as the situation allows it. Such measures should respect fundamental human rights as well as the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regions. To ensure the equal treatment of workers when exercising their freedom of movement, Member States should allow mobile and cross- border workers to continue crossing their borders to reach their workplace if work in the sector concerned is still allowed in the receiving Member State.
Amendment 95 #
2022/0278(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) In the light of digitalisation and its cross-border impacts on the Single Market and the Union labour market, consideration needs to be given to teleworking arrangements. In particular in cases of restrictions to the free movement of workers, special attention should be paid to the question of whether cross-border and mobile workers in certain sectors and occupations are able to carry out their tasks remotely. In order to avoid discrimination, workers for whom cross-border telework is not feasible, for example due to the nature of their tasks and responsibilities, should not be subject to undue restrictions to their freedom of movement as long as their health and safety can be ensured on the basis of equal treatment with local workers active in the relevant sector in the receiving Member State.
Amendment 157 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point c
Article 4 – paragraph 5 – point c
(c) consulting the representatives of trade unions, economic operators, including SMEs, and industry to collect market intelligence; and to better understand the social impacts of the potential crisis and to anticipate implications on the labour market;
Amendment 166 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6. Opinions, recommendations or reports of the advisory group shall be made public without undue delay.
Amendment 176 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(b a) Consultation of trade unions on labour market implications as well as the safety, health and rights of workers in the areas of critical importance.
Amendment 182 #
2022/0278(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 41(2). The Commission shall report any activation of the vigilance mode to the European Parliament and the Council without undue delay.
Amendment 251 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 6 – introductory part
Article 17 – paragraph 6 – introductory part
6. When a Single Market emergency has been activated in accordance with Article 14 and exceptional circumstances resulting from the crisis do not allow all service providers, business representatives and workers from other Member States to travel and to have unhindered access to their place of activity or workplace, but travelling is still possible, Member States shall not impose travel restrictions, on the following categories of persons, provided that their health and safety can be ensured on the basis of equal treatment with persons in a comparable situation in the relevant sector of the receiving Member State:
Amendment 292 #
2022/0278(COD)
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Amendment 133 #
2022/0277(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The adoption by media services of standarised objectives of democratic sustainaibility will also contribute to tackle the challenges to media pluralism and media freedom, while enhancing citizens trust and reallocating economic resources to those media services that will integrate the democratic sustainable objectives in their strategic corporate goals.
Amendment 300 #
2022/0277(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Building on the useful role played by ERGA in monitoring compliance by the signatories of EU Code of Practice on Disinformation, the Board should, at least on a yearly basis, organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society, including representatives of the fact-checking organisations, to foster access to diverse offers of independent media on very large online platforms, discuss experience and best practices related to the application of the relevant provisions of this Regulation and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including those aimed at countering disinformation. The Commission may, where relevant, examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the Union under Regulation (EU) 2022/XXX [Digital Services Act] and may ask the Board to support it to this effect.
Amendment 408 #
2022/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) Directive - (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law
Amendment 410 #
2022/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point f b (new)
Article 1 – paragraph 2 – point f b (new)
Amendment 482 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17a) Media literacy’ refers to skills, knowledge and understanding that allow citizens to use media effectively and safely. Media literacy should not be limited to learning about tools and technologies, but should aim to equip citizens with the critical thinking skills required to exercise judgment, analyse complex realities and recognise the difference between opinion and fact.
Amendment 491 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
Amendment 1010 #
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 suspend the provision of its online intermediation serviremove or otherwise restrict availability of an access in relationto to content provided by a media service provider that submitted a recognised declaration pursuant to paragraph 1 of this Article, on the grounds that such content 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, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to 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 suspens and the codes of conduct recognised under its article 45, to communicate to the media service provider concerned and the competent regulatory authority or body or the body of the self- or co-regulatory mechanism, the national coordinator for digital services and the Board, the statement of reasons accompanying that decision, as required by Article 17 of Regulation EU 2019/2065 Article 4(1) of Regulation (EU) 2019/1150 and the specific clause in its general terms and conditions, prior to the removal or restriction taking effect.
Amendment 1016 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. In the case of that content otherwise contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], including disinformation, the provider of very large online platform shall take all reasonable measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate the media service provider concerned and the competent regulatory authority or body or the body of the self- or co-regulatory mechanism, the national coordinator for digital services and the Board, the statement of reasons accompanying that decision, as required by Article 17 of Regulation EU 2019/2065 and Article 4(1) of Regulation (EU) 2019/1150, if possible, prior to the removal or suspension taking effect.
Amendment 1026 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. 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 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 Board shall facilitate the consistent implementation of this Article, in order to ensure that terms and conditions and moderation processes of very large online platforms are acting in a non arbitrary and non discriminatory manner to guarantee the freedom of expression and of information, including media freedom and pluralism of news and information of the recognised media services providers. Very large online platforms shall ensure that their content moderation processes have adequate and sufficient personnel, including specific type of linguistic and cultural diversity training to deal with media content from recognised media service providers in one or more Member States. To this end, the Board shall be able to request addtional documentation to the very large online platform.
Amendment 1073 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Board shall regularly organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society, including representatives of the fact-checking organisations, to discuss experience and best practices in the application of Article 17 of this Regulation, to foster access to diverse offers of independent media on very large online platforms and to monitor adherence to self- regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interference.
Amendment 1078 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogue to the Commission and make them publicly available.
Amendment 1239 #
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, to right holders concerning their own programmes, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the data collected and the methodology used by their audience measurement systems. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 28 #
2022/0269(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights, contributes to the perpetuation of poverty and stands in the way of the achievement of decent work for all. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16and issued recommendation to prevent, eliminate, and remedy forced labour17b. Forced labour covers a wide variety of coercive labour practices where work or service, mainly in productive sectors, such as processing, agriculture and fisheries, in particular in third countries involved in trading relations with the EU, and services, such as transportation, storage and logistics, is exacted from any persons under threat have not offered it themselvesof a penalty and for which the person has not offered himself or herself voluntarily. 17c _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17b ILO Forced Labour (Supplementary Measures) Recommendation, 2014. 17c The ILO definition of forced labour according to the ILO Forced Labour Convention, 19230 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).
Amendment 30 #
2022/0269(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. Women and girls make up to 11.8 million of the total in forced labour. More than 3.3 million of all those in forced labour are children. Between 2016 and 2021 the estimated number of people in forced labour increased by 2.7 million18a.Vulnerable and marginalised groups in a society, such as women, children, ethnic minorities, persons with disabilities, lower casters, indigenous and tribal people, migrants, especially if they are undocumented, with a precarious status and in the informal economy, are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. Unfair purchasing practices by economic operators can lead to labour rights violation in the value chain, especially in the field of agriculture, fisheries, textile, road transport and logistics, mainly in third countries involved in trading relations with the EU. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf. 18a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.
Amendment 40 #
2022/0269(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union andexplicitly prohibits slavery, servitude, forced or compulsory labour and trafficking in human beings. Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19Article 31 of the Charter of Fundamental Rights of the European Union recognizes the right of every worker to fair and just working conditions, which respect his or her health, safety and dignity. The right to an effective remedy and to a fair trial is laid down in Article 47 thereof. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 44 #
2022/0269(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) All Member States have ratified the original fundamental ILO Conventions on forced labour and child labour.20They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO, while some Member States have not yet ratified the 2014 Protocol to Convention No. 29, which guarantees victims protection and access to appropriate and effective remedies, such as compensation. According to the ILO, remediation remains one of the key policy priorities for addressing forced labour21a. _________________ 20 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf. 21a ILO Global Estimates of modern slavery: forced labour and forced marriage, 2022.
Amendment 47 #
2022/0269(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. It is inherently linked to the promotion of decent working conditions, such as the right to organise and take collective action, social dialogue, freedom of association, collective bargaining, sustainable business conduct and social protection. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place neither in the value chains of undertakings established in the Un, nor in goods and services that are to be made available on the Union market or to be exported. Any due diligence of the economic operator in the value chain shall only be relevant insofar as it relates to evidence of remediation.
Amendment 53 #
2022/0269(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The prohibition of products and services for which forced labour has been used should contribute to the international efforts to abolish forced labour. The definition of ‘forced labour’ should therefore be aligned with the definition laid down in ILO Convention No. 29. The definition of ‘forced labour applied by state authorities’ should be aligned with ILO Convention No. 105, which prohibits specifically the use of forced labour as punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as a punishment for participation in strikes, or as a means of racial, religious or other discrimination.31It should be the responsibility of the economic operator concerned to demonstrate that its product or service was manufactured or provided without using forced labour and that any use of forced labour was remediated. _________________ 31 What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org) and the ILO Conventions No. 29 and No. 105 referred therein.
Amendment 59 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘forced labour’ means forced or compulsory labour as defined inall work or service exacted from any person under threat of a penalty and for which the person has not offered himself or herself voluntarily in accordance with Article 2 of the Convention on Forced Labour, 1930 (No. 29) of the International Labour Organization, including forced child labour;
Amendment 60 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘forced labour imposed by state authorities’ means the use of forced labour: - as described ina means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; - as a method of mobilising and using labour for purposes of economic development; - as a means of labour discipline; - as a punishment for having participated in strikes; or - as a means of racial, social, national or religious discrimination, in accordance with Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization;
Amendment 65 #
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 efforts by an economic operator to implement mandatory requidentify, premvents, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labourbring to an end and remediate forced labour in its operations and value chain, with respect to its products and services that are to be made available on the Union market or to be exported, whereby brining to an end forced labour does not mean disengagement as first resort;
Amendment 70 #
Amendment 72 #
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 or bring to an end risks ofand remediate forced labour in their operations and value chains with respect to the products and services under assessment, including on the basis of any of the following:
Amendment 93 #
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 and publically accessible database of forced labour risks in specific geographic areas, production sites, sectors or with respect to specific products and services 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, international organisations and third country authorities. This database shall be easily accessible. The Commission, after consultation with competent authorities, trade unions and other stakeholders, may presume that products or services originating from countries or regions with systematic and wide spread forced labour practices, as identified by the Commission, or from countries and regions listed in the database, were manufactured or provided using forced labour. It shall be the responsibility of the economic operator concerned to demonstrate that its product or service was manufactured or provided without using forced labour and that any use of forced labour was remediated. The database shall include an archive of previous decisions.
Amendment 103 #
2022/0269(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Union Network Against Forced Labour Products
Amendment 106 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established and led by the Commission. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.
Amendment 107 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Network shall be composed of one representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authoritie and representatives from the Commission as well as one independent expert appointed by the European Parliament and four representatives of European social partners as observers. Each Member State shall nominate a representative and an alternate representative from its competent authority. Cross-industry social partner organisations at Union level may designate four representatives as observers to the Network with an equal representation of trade union and employer organisations.
Amendment 109 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. The Commission shall chair the Network and ensure its secretariat. The Network shall invite a representative of the Fundamental Rights Agency (FRA), a representative of the European Labour Authority (ELA) and representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area as observers to its meetings. It may also invite representatives of Union delegations and other Union bodies, representatives of third country authorities, stakeholder organisations and other relevant experts to attend the meetings of the Network.
Amendment 111 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point a a (new)
Article 24 – paragraph 3 – point a a (new)
(aa) set up a contact point for persons, economic operators and other stakeholders, who wish to report suspected violations of Article 3 of this Regulation, and establish follow-up procedures;
Amendment 113 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point c a (new)
Article 24 – paragraph 3 – point c a (new)
(ca) improve the knowledge of wide- spread and systematic forced labour and its root causes, including poverty, inequalities, systemic discrimination, lack of social protection and education, disrespect of collective rights and a lack of efficient labour inspections, through studies and research, also in view of expanding the data base referred to in Article 11 of this Regulation;
Amendment 114 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point d
Article 24 – paragraph 3 – point d
(d) contribute to the development of guidancedevelop guidelines to ensure the effective and uniform application of this Regulation and monitor its enforcement in the Member States;
Amendment 115 #
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;
Amendment 116 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) promote the cooperation and exchange of expertise and best practices with the competent authorities of third countries, international organisations and other relevant actors and bodies;
Amendment 118 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)
Article 24 – paragraph 3 – point f b (new)
(fb) monitor remediation of forced labour;
Amendment 119 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f c (new)
Article 24 – paragraph 3 – point f c (new)
(fc) monitor the redirection of products, which were refused for release for free circulation or export, to be used in the interest of the public;
Amendment 120 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f d (new)
Article 24 – paragraph 3 – point f d (new)
(fd) provide information and make recommendations regarding forced labour to the Commission and other relevant Union bodies.
Amendment 121 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network.
Amendment 124 #
2022/0216(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) As regards Article 168(4), point (a), TFEU, standards for the safety and quality of organs and SoHOs, blood and blood derivatives should ensure a high level of human health protection. Therefore, this Regulation aims at setting high safety standards by ensuring, amongst others, the protection of SoHO donors, taking into consideration their fundamental role in the provision of SoHOs and for recipients, as well as measures to monitor and support the sufficiency of the supply of SoHOs that are critical for the health of patients.
Amendment 125 #
2022/0216(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Directives 2002/98/EC16and 2004/23/EC17of the European Parliament and of the Council constitute the Union’s regulatory framework for blood and for tissues and cells, respectively. Although these Directives have harmonised to a certain degree the rules of Member States in the area of safety and quality of blood, tissues and cells, they include a significant number of options and possibilities for Member States to implement the rules they laid down. This results in divergences between national rules, which can create obstacles to cross-border sharing of these substances. A fundamental revision of those Directives is needed for a robust, transparent, up-to-date and sustainable regulatory framework for these substances, which achieves safety and quality for all parties involved, enhances legal certainty and supports continuous supply, whilst facilitating innovation for the benefit of public health and cross-border cooperation. In order to achieve a coherent application of the legal framework, it is appropriate to repeal Directives 2002/98/EC and 2004/23/EC and to replace them by a Regulation. _________________ 16 Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components and amending Directive 2001/83/EC (OJ L 33, 8.2.2003, p. 30). 17 Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells (OJ L 102, 7.4.2004, p. 48).
Amendment 128 #
2022/0216(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Directives 2002/98/EC and 2004/23/EC are highly interconnected and contain very similar provisions for oversight and equivalent principles for safety and quality in the two sectors they regulate. In addition, many authorities and operators work across these sectors. As this Regulation aims to define high level principles that will be common to both the blood and of tissues and cells sectors, it would be appropriate that it replaces these Directives and merges the revised provisions into one legal act, taking into consideration the special characteristics of each type of substance.
Amendment 133 #
2022/0216(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) All SoHOs that are intended to be applied to humans fall within the scope of this Regulation. SoHOs can be prepared and stored in a variety of ways, becoming SoHO preparations, which can be applied to recipients. In these circumstances, this Regulation should apply to all activities from donor recruitment to human application and outcome monitoring. SoHOs or SoHO preparations can also be used to manufacture products regulated by other Union legislation, or as the starting and raw material thereof, in particular on medical devices, regulated by Regulation (EU) 2017/745 of the European Parliament and of the Council19, on medicinal products, regulated by Directive 2001/83/EC of the European Parliament and of the Council20and by Regulation (EC) No 726/2004 of the European Parliament and of the Council21, including on advanced therapy medicinal products, regulated by Regulation (EC) No 1394/2007 of the European Parliament and of the Council22, or on food, regulated by Regulation (EC) No 1925/2006 of the European Parliament and of the Council23. The criteria that define when SoHOs or SOHO preparations become products regulated under other Union legislation are not defined in this Regulation but are defined in those other acts. In case of products covered by other legislation of the Union, this Regulation shall only apply to those parts specified on it, without prejudice to other legislation of the Union.Inaddition, this Regulation should apply without prejudice to Union legislation on genetically modified organisms. _________________ 19 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1). 20 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 21 Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Union procedures for the authorisation and supervision of medicinal products for human use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1). 22 Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004 (OJ L 324, 10.12.2007, p. 121). 23 Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (OJ L 404, 30.12.2006, p. 26).
Amendment 136 #
2022/0216(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) When SoHOs are used in the autologous setting without any manipulation, processing or storage, the application of this Regulation would not be proportionate to the limited quality and safety risks arising in such a setting. When autologous SoHOs are collected and processed before being re-used in the same person, risks appear that should be mitigated. Thus, there needs to be an assessment and authorisation of the processes applied to ensure that they are demonstrated to be safe and effective for the recipient. When autologous SoHOs are collected to be processed and also stored, risks of cross-contamination, or environmental contamination, loss of traceability or damage to the biological properties inherent to the substance, and necessary for efficacy and/or functionality in the recipient, also appear. Thus, the requirements for SoHO establishment authorisation should apply. Furthermore, in case of substances meant for autologous but non-homologous application, this Regulation shall apply without prejudice to Regulation (EC) No 1394/2007 on advanced therapy medicinal products. Or. en (Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004)
Amendment 142 #
2022/0216(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) When SoHOs are used to manufacture products regulated by other Union legislation, or as the starting and raw material thereof, in order to ensure a high level of protection and contribute to legal clarity and certainty, this Regulation should apply to the extent that the activities to which they are subjected are not regulated by the other Union legislative framework. Without prejudice to other Union legislation, and in particular to Directive 2001/83/EC, Regulations (EC) No 726/2004, (EC) No 1925/2006, (EC) No 1394/2007 and (EU) 2017/745, this Regulation should at least apply to the recruitment and selection of donors, donation, collection and donor testing as well as to release, distribution, issuing, import and export when those activities concern SoHOs up to the point of their transfer to operators regulated by other Union legislation. This means that close interaction between this regulatory framework and other related frameworks is essential to ensure interplay and coherence between relevant legal frameworks, without gaps or overlaps.
Amendment 158 #
2022/0216(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the special nature of SoHOs, resulting from their human origin, and the increasing demands for these substances for human application or for the manufacture of products regulated by other Union legislation, or as the starting and raw material thereof, it is necessary to ensure a high level of health protection for donors as well as for recipients. SoHOs should be obtained from individuals whose health status is such that no detrimental effects will ensue on them as a result of the donation. This Regulation should therefore include principles and technical rules to monitor and protect donors. As different types of donation imply different risks for donors, with varying levels of significance, the monitoring of donor health should be proportionate to those levels of risk. This is particularly important when donation involves some risk to the donor’s health due to a need for pre-treatment with medicinal products, a medical intervention to collect the substance or a needthe possibility for donors to donate repeatedly. Donations of oocytes, bone marrow, peripheral blood stem cells and frequent donation of plasma should be considered to imply a significant risk.
Amendment 165 #
2022/0216(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation does not prevent Member States from maintaining or introducing more stringent protective measures that are compatible with Union law. Member States should notify the Commission of any such measures. More stringent protective measures put in place by Member States should be evidence- based and proportionate to the risk to human health, for example based on overall safety concerns and corresponding risks in a Member State or specific local risks. They should not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, unless that measure or its application is objectively justified by a legitimate aim, and where necessary supported by scientific evidence, and the means of achieving that aim are appropriate and necessary.
Amendment 172 #
2022/0216(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should not interfere with national legislation in the health area with objectives other than quality and safety of SoHOs that is compatible with Union law, in particular legislation concerning ethical aspects. Such aspects arise due to the human origin of the substances, which touches upon various sensitive and ethical concerns for Member States and citizens, such as access to particular services that use SoHOs. This Regulation should also not interfere with decisions of an ethical nature made by Member States, provided that they adhere to the Charter of Fundamental Rights of the European Union. Such ethical decisions might concern the use, or limitation of the use, of specific types of SoHOs or specific uses of SoHOs, including reproductive cells and embryonic stem cells. When a Member State allows the use of such cells, this Regulation should apply in full with a view to ensuring safety and quality and to protecting human health.
Amendment 173 #
2022/0216(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation is not meant to cover research using SoHOs when that research does not involve application to the human body, for example in vitro research or research in animals. However, human substances used in research involving studies where they are applied to the human body should comply with the rules laid down in this Regulation, regarding clinical studies with SoHO.
Amendment 175 #
2022/0216(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) As a matter of principle, prticle 3 of the Charter of Fundamental Rights of the European Union prohibits the human body or parts of it from becoming a source of financial gain. Programmes promoting the donation of SoHOs shouldmust be founded on the principle of voluntary and unpaid donation, altruism of the donor and solidarity between donor and recipient. Voluntary and unpaid SoHO donation is also a factor which can contributes to high safety standards for SoHOs and therefore to the protection of human health, and increases public trust in donation systems. It is also recognised, including by the Council of Europe Committee on Bioethics24, that while financial gain should be avoided, it may also be necessary to ensure that donors are not financially disadvantaged by their donation. Thus, financially neutralcompensation to remove any such risk is acceptable but should never produce a financial gain for the donor orconstitute an incentive that would cause a donor to be dishonest when giving their medical or behavioural history or to donate more frequently than is allowed,in any way that could posingerisks to their own health and to that of prospective recipients.Compensation and reimbursements should under no circumstances be an incentive or a claim to recruit donors, should not expose vulnerable persons in society to exploitation and should not promote competition among SoHO entities for the recruitment of donors. Such compensation should, therefore, be set by national authorities, at a level justified andappropriate in their Member State to reach such objectives. _________________ 24 Council of Europe Committee on Bioethics (DH-BIO). Guide for the implementation of the principle of prohibition of financial gain with respect to the human body and its parts from living or deceased donors (March 2018). Available at https://rm.coe.int/guide-financial- gain/16807bfc9a.
Amendment 189 #
2022/0216(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to maintain public trust in SoHO donation and use programmes, information that is given to prospective donors, recipients or physicians regarding the likely use and benefits of particular SoHOs or SoHO preparations when applied to recipients should accurately reflect reliable scientific evidence and under no circumstances attribute or imply levels of safety or efficacy not supported by scientific methods. This should ensure that donors, or their families, are not coerced to donate by exaggerated descriptions of benefits and prospective patrecipients are not given false hopes when making decisions on their options for treatment. The verification of compliance with this Regulation through supervisory activities is of fundamental importance to ensure that, across the Union, the objectives of the Regulation are effectively achieved. The responsibility to enforce this Regulation lies with the Member States, whose competent authorities should monitor and verify, through the organisation of supervisory activities, that relevant Union requirements are effectively complied with and enforced.
Amendment 193 #
2022/0216(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) For the performance of supervisory activities aimed at verifying the correct application of SoHO legislation, Member States should designate competent authorities that act independently and impartially. It is therefore important that their function of oversight is separate and independent from the performance of SoHO activities. In particular, competent authorities should be free from undue political influence and from industry or other actors’ interference that might affect their operational impartiality.
Amendment 199 #
2022/0216(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) When there is doubt about the regulatory status of a particular substance, product or activity under this Regulation, competent authorities should consult withe Clasification Advisory Council, defined in this Regulation and composed by representatives of the relevant authorities responsible for other relevant regulatory frameworks, namely medicinal products, medical devices, organs or fooadvanced therapies, medical devices and the SoHO Coordination Board, with the aim of ensuring coherent procedures for the application of this Regulation. Competent authorities should inform the SoHO Coordination Board of the outcome of their consultations. When SoHOs or SoHO preparations are used to manufacture products regulated under other Union legislation, or as the starting and raw material thereof, competent authorities should cooperate with the relevant authorities on their territory. This cooperation should aim to reach an agreed approach for any subsequent communications between the authorities responsible for SoHO and for the other relevant sectors, as needed, regarding authorisation and monitoring of the SoHOs or the product manufactured from SoHOs. It should in principle be the responsibility of the Member States to decide on a case- by-case basis on the regulatory status of a substance, product or activity. However, in order to ensure consistent decisions across all Member States with regard to borderline cases, the Commission should be empowered to, on its own initiative or at the duly substantiated request of a Member State or the Classification Advisory Council, decide on the regulatory status of a particular substance, product or activity under this Regulation.
Amendment 208 #
2022/0216(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Since SoHO preparations are subjected to a series of SoHO activities prior to their release and, distribution and issuing, competent authorities should assess and authorise SoHO preparations to verify that a high level of safety, quality and efficacy is achieved consistently by the application of that specific series of activities, performed in that specific manner. When SoHOs are prepared with newly developed and validated collection, testing or processing methods, consideration should be given to the demonstration of safety and efficacy in recipients by means of requirements for clinical outcome data collection and review. The extent of such required clinical outcome data should correlate with the level of risk associated with the activities performed for that SoHO preparation and use. Where a new or modified SoHO preparation poses negligible risks for recipients (or offspring in the case of medically assisted reproduction), the vigilance reporting requirements provided for in this Regulation should be adequate to demonstrate safety and quality. This should apply for well-established SoHO preparations that are introduced in a new SoHO entity but have been robustly demonstrated as safe and effective by their use in other entities.
Amendment 210 #
2022/0216(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) With regard to SoHO preparations that pose a certain level of risk (low, moderate or high), the applicant should propose a plan for clinical outcome monitoring that should fulfil different requirements appropriate to the risk indicated, following the guidelines specified in this Regulation. The most up- to-date guidance of the European Directorate for the Quality of Medicines & HealthCare (EDQM, a Directorate of the Council of Europe) should be considered relevant in the design of clinical follow-up studies proportionate in extent and complexity to the identified level of risk of the SoHO preparation. In the case of low risk, in addition to the mandatory continuous vigilance reporting, the applicant should organise proactive clinical follow-up for a defined number of patients. For moderate and high risk, in addition to the mandatory vigilance reporting and the clinical follow-up, the applicant should propose clinical investigation studies with monitoring of pre-defined clinical end- points. In case of high risk, these should include a comparison with standard treatments, ideally in a study with subjects allocated to test and control groups in a randomised manner. The competent authority should approve the plans before they are implemented and should assess the outcome data as part of a SoHO preparation authorisation. (Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 AprilIf a conventional treatment or a control group is based on a medicinal product for human use, these studies shall be considered clinical trials that are covered by Regulation 536/2014. Or. en 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC)
Amendment 213 #
2022/0216(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
Amendment 214 #
2022/0216(COD)
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28 b) The commitment to publish the clinical results obtained should be a mandatory requirement for clinical studies with SoHO. The existence of a registry of SoHO clinical studies at EU level is critical to facilitate patient participation in clinical studies, to boost multi-centre studies and to foster collaboration to generate more robust results and conclusions, and to make the generated knowledge available to other researchers, healthcare professionals, participants themselves and the general public.
Amendment 215 #
2022/0216(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In the interests of efficiency, it should be permitted to conduct clinical outcome studies using the established framework in the pharmaceutical sector for clinical trials, as set out in Regulation (EU) No 536/2014 of the European Parliament and of the Council25, when operators wish to do so. Whilst applicants can choose to record the clinical data generated during the clinical outcome monitoring themselves, they should also be permitted to use existing clinical data registries as a means of such recording when those registries have been verified by the competent authority, or are certified by an external institution, in terms of the reliability of their data management procedures. _________________ 25 Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC (OJ L 158, 27.5.2014, p. 1).
Amendment 216 #
2022/0216(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to facilitate innovation and reduce administrative burden, competent authorities should share with each other information on the authorisation of new SoHO preparations and the evidence used for such authorisations, through the EU SoHO platform, including for the validation of certified medical devices used for SoHO collection, processing, storage or application to patients. Such sharing could allow authorities to accept previous authorisations granted to other entities, including in other Member States and to thus significantly reduce the requirements to generate evidence. Competent authorities should also share with each other information on clinical studies with SoHO, via the EU SoHO Platform.
Amendment 221 #
2022/0216(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) With regards to standards concerning donor, recipient and offspring protection, this Regulation should provide for a hierarchy of rules for their implementation. As risks and technologies change, this hierarchy of rules should facilitate an efficient and responsive uptake of the most up-to-date guidelines for implementing the standards set out in this Regulation. As part of that hierarchy, in the absence of Union legislation describing particular procedures to be applied and followed to meet the standards set out in this Regulation, following the guidelines of the European Centre for Disease Prevention and Control (ECDC) and the EDQM should be considered as a means to demonstrate compliance with the standards laid down in this Regulation to ensure high level of quality, safety and efficacy. Member States should be involved in both the drafting and voting of these guidelines and should follow a transparent process of consultation with other relevant EU authorities and stakeholders. SoHO entities should be permitted to follow other guidelines, provided that it has been demonstrated that those other guidelines are based on the most up-to-date scientific evidence and achieve the same level of quality, safety and efficacy. In cases of detailed technical issues for which neither Union legislation nor the ECDC and the EDQM have defined a technical guideline or rule, operators should apply a locally defined rule that is in line with relevant internationally recognised guidelines and scientific evidence and is appropriate to mitigate any risk identified.
Amendment 234 #
2022/0216(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The EDQM is a structural part of the Council of Europe working under the European Pharmacopoeia Partial Agreement. The text of the Convention on the elaboration of a European Pharmacopoeia (ETS No. 050), accepted by Council Decision 94/358/EC26, is considered to be the text of the European Pharmacopoeia Partial Agreement. Member States of the Council of Europe that have signed and ratified the European Pharmacopoeia Convention are the member States of the European Pharmacopoeia Partial Agreement and are therefore the members of the intergovernmental bodies functioning within the framework of this partial agreement, including among others: the European Pharmacopoeia Commission, the European Committee on Organ Transplantation (CD-P-TO), the European Committee on Blood Transfusion (CD-P- TS) and the European Committee on Pharmaceuticals and Pharmaceutical Care (CD-P-PH). The European Pharmacopoeia Convention has been signed and ratified by the European Union and all its Member States, all of whom are represented in their intergovernmental bodies. In this context, the work of the EDQM on developing and updating guidelines on safety and quality of blood, tissues and cells, should be considered an important contribution to the field of SoHOs in the Union and should be reflected in this Regulation. The guidelines address issues of quality and safety beyond the risks of communicable disease transmission, such as donor eligibility criteria for the prevention of the transmission of cancer and other non- communicable diseases and the assurance of safety and quality during collection, processing, storage and distribution. It should therefore be possible to use those guidelines as one of the means to implement the technical standards provided for in this Regulation. The development of the guidelines should include stakeholder consultations to ensure their suitability and transparency.Member States should have an active role in the development of the guidelines, in cooperation with the EDQM. _________________ 26 Council Decision 94/358/EC of 16 June 1994 accepting, on behalf of the European Community, the Convention on the elaboration of a European Pharmacopoeia (OJ L 158, 25.6.1994, p. 17).
Amendment 246 #
2022/0216(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) It is necessary to promote information and awareness campaigns at national and Union level on the importance of SoHOs. The aim of these campaigns should be to help European citizens to decide whether to become donors during their lifetime and let their families or legal representatives know their wishes regarding donation after death. As there is a need to ensure the availability of SoHOs for medical treatments, Member States and the Union should promote the donation of SoHOs, including plasma, of high quality and safety, thereby also increasing self- sufficiency in the Unionthe autonomy of the Union, based on a wider donor base. Member States and the Union are also urged to take steps to encourage a strong public and non-profit sector involvement in the provision of SoHO services, in particular for critical SoHOs and the related research and development.
Amendment 257 #
2022/0216(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
Amendment 264 #
2022/0216(COD)
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37 b) On the other hand, it is essential to take steps to achieve, as soon as possible, an EU autonomy in the area of SoHO, especially in the case of plasma, which shows an increasing demand due to new therapeutic applications of plasma- derived medicines. Nowadays, the Union suffers from chronic shortages of plasma, resulting in its dependence on imports from third countries. It is necessary to specify the measures to be taken to increase the donor base, always in line with the principles of voluntary and unpaid donation, as well as to improve the infrastructure to enable efficient collection of SoHO, in order to ensure the continued, adequate and safe supply, also in times of crisis.
Amendment 266 #
2022/0216(COD)
Proposal for a regulation
Recital 37 c (new)
Recital 37 c (new)
(37 c) In order to reach an appropriate level of autonomy in the Union, it will be necessary to increase the collection of SoHO, but also to ensure its proper and efficient use. The factors and measures affecting SoHO’s demand play a critical role in ensuring the quality, safety and sustainability of the SoHO system. Suboptimal clinical practices and unnecessary use of SoHO compromises patient safety and limits the availability of SoHO for other patients in need. Member States should take measures to promote the optimal use of SoHO, taking into account alternatives that may reduce the demand, always following the most up-to- date scientific guidelines. The competent authorities should train healthcare professionals to make optimal use of SoHO. Member States should draw up national plans to ensure the supply of SoHO, as well as national emergency plans.
Amendment 267 #
2022/0216(COD)
Proposal for a regulation
Recital 37 d (new)
Recital 37 d (new)
(37 d) In cases where the availability of SoHO preparations or SoHO-derived products depend on profit-making entities, such as some plasma-derived products, there is a risk of altruistic donations turning into disproportionate profits and commercial interests taking precedence over the interests of patients and research. There could even be situations in which some low-profitable products are no longer produced, hampering their accessibility for patients. Similarly, investment in research and innovation for this type of products could be very small or non-existent. Prices of SoHO-derived products, which are obtained from altruistic and unpaid donations, should be fair and transparent. For certain low- profitable products, Member States should encourage research and innovation and should ensure, through negotiations, incentives or public service obligations, that they continue to be manufactured.
Amendment 271 #
2022/0216(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to promote a coordinated application of this Regulation, a SoHO Coordination Board (SCB) should be set up. The Commission should participate in its activities and chair it. The SCB should contribute to a coordinating the application of this Regulation throughout the Union, including by helping Member States to conduct SoHO supervisory activities. The SCB should be composed of persons designated by the Member States based on their role and expertise in their competent authorities, and should also involve experts that are not working for competent authorities, for specific tasks where access to necessary in-depth technical expertise in the field of SoHOs is required. In the latter case, appropriate consideration should be given to the possibility of involving European expert bodies such as the ECDC and the EDQM and existing professional, scientific, experts and donor and patrecipient representative groups at Union level in the field of SoHOs may also be invited.
Amendment 277 #
2022/0216(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Some substances, products or activities have been subject to different legal frameworks with different requirements in the Member States. This causes confusion among operators in the field, and the consequent legal uncertainty is a disincentive to professionals to develop new ways to prepare and use SoHOs. The SCB should receive relevant information on national decisions made on cases where questions were raised on the regulatory status of SoHOs. The SCB should keep a compendium of the opinions issued by the SCB, the Classification Advisory Council or the competent authorities and of decisions made at Member State level, so that competent authorities considering the regulatory status under this Regulation of a particular substance, product or activity may inform their decision-making process by referring to that compendium. The SCB should also document agreed best practices to support a common Union approach. It should also cooperate with similar Union level bodies established in other Union legislation with a view to facilitating coordinated and coherent application of this Regulation between Member States and across bordering legislative frameworks. These measures should promote a coherent cross-sectoral approach and facilitate SoHO innovation.
Amendment 281 #
2022/0216(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to limit administrative burden on competent authorities and the Commission, the latter should establish an online platform (the ‘EU SoHO Platform’) to facilitate timely submission of data and reports as well as improved transparency of national reporting and supervisory activities. and better communication, collaboration, coordination and exchange of SoHO between Member States. Member States should preferably use this new platform in their exchanges to limit the administrative burden.
Amendment 292 #
2022/0216(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and in particular human dignity, the prohibition of making the human body and its parts a source of economic gain, the integrity of the person, the protection of personal data, the freedom of art and science and to conduct business, non-discrimination, the right to health protection and access to health care, and the rights of the child. To achieve these aims, all supervisory and SoHO activities should always be carried out in a manner that fully respects those rights and principles. The right for dignity and integrity of donors, recipients and of offspring born from medically assisted reproduction should always be taken into account, amongst others, by ensuring that consent for donation is freely given and donors or their representatives are informed with regards to the intended use of the donated material, that donor eligibility criteria are based on scientific evidence, that the use of SoHOs in humans is not promoted for commercial purposes or with false or misleading information regarding efficacy so that the donors and recipients can make well-informed and deliberate choices, that activities are conducted in a transparent manner that prioritises the safety of donors and recipients, and that allocation and equitable and non-discriminatory access to SoHOs are defined in a transparent manner, on the basis of an objective evaluation of medical needs. This Regulation should therefore be applied accordingly.
Amendment 297 #
2022/0216(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) SoHOs, by definition, relate to persons, and there are circumstances where the processing of personal data relating to donors and recipients may be necessary to achieve the objectives and requirements of this Regulation, especially provisions relating to vigilance and communication between competent authorities. This Regulation should provide a legal basis under Article 6 and, where relevant, fulfil the conditions under Article 9(2), point (i), of Regulation (EU) 2016/679 for processing of such personal data. With respect to personal data processed by the Commission, this Regulation should provide a legal basis under Article 5 and, where relevant, fulfil the conditions under Article 10(2), point (i), of Regulation (EU) 2018/1725. Data on safety and efficacy of new SoHO preparations in recipients should also be shared, with appropriate protective measures and, where possible, anonymised, to allow aggregation at Union level for more robust evidence gathering on the clinical efficacy of SoHO preparations. For all data processing, such processing should be necessary and appropriate with a view to ensuring compliance with this Regulation in order to protect human health. Data on donors, recipients and offspring should hence be limited to the minimum necessary and pseudonymised, or anonymised, as appropiate in each case. dDonors, recipients and offspring should be informed of the processing of their personal data in line with the requirements of Regulations (EU) 2016/679 and (EU) 2018/1725, and in particular as provided for under this Regulation, including the possibility of exceptional cases where circumstances require such processing.
Amendment 303 #
2022/0216(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The exchange of SoHOs between Member States is necessary for ensuring optimal patient access and sufficiency of supply, particularly in the case of local crises or shortages. For certain SoHOs that need to be matched between the donor and the recipient, such exchanges are essential to allow patients to receive the treatment they need. In this context, the objective of this Regulation, namely to ensure quality and safety of SoHOs and a high level of protection of donors, needs to be achieved at Union level, by establishing high standards of quality and safety for SoHOs, based on a common set of requirements that are implemented in a consistent manner across the Union. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objectiveThis Regulation will increase coordination between Member States and facilitate the cross-border exchange of SoHO.
Amendment 305 #
2022/0216(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47 a) The objective of this Regulation, namely to ensure quality and safety of SoHOs and a high level of protection of donors, needs to be achieved at Union level, by establishing high standards of quality and safety for SoHOs, based on a common set of requirements that are implemented in a consistent manner across the Union. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 307 #
2022/0216(COD)
Proposal for a regulation
Recital 47 b (new)
Recital 47 b (new)
(47 b) In some cases such as bone marrow or haematopoietic stem cell transplants, the level of donor/recipient compatibility has to be extremely high. Therefore, excellent coordination is needed at a global level, beyond the Union level, so that each patient has more options of finding a compatible donor.
Amendment 310 #
2022/0216(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes measures setting high standards of quality and safety for all substances of human origin (‘SoHOs’) intended for human application and for activities related to those substances in order to ensure a high level of human health protection, in particular for SoHO donors, SoHO recipients and offspring from medically assisted reproduction, and for enhanced coordination between Member States to improve the availability and accessibility of SoHO across the Union. This Regulation is without prejudice to national legislation which establishes rules relating to aspects of SoHOs other than their quality and safety and the safety of SoHO donors, recipients and offspring of medically assisted reproduction.
Amendment 318 #
2022/0216(COD)
(h a) issuing of SoHOs;
Amendment 321 #
2022/0216(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(m a) clinical studies with SoHO.
Amendment 323 #
2022/0216(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. In cases of autologous use of SoHOs, excluding cases where the processing involves a substantial modification or where its application is non-homologous, where:
Amendment 333 #
2022/0216(COD)
(1) ‘blood’ means the liquid that circulates in arteries and veins carrying oxygen to and carbon dioxide from the tissues of the body. It consists of a liquid part, plasma, and a solid consisting of red blood cells, leucocytes and platelets;
Amendment 338 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘substance of human origin’ (SoHO) means any substance collected from the human body in whatever manner, whether it contains cells or not and whether those cells are living or not. For the purposes of this Regulation, SoHO does not include organs in the sense of Article 3, point (h), of Directive 2010/53/EU, but does include substances which can be extracted from them;
Amendment 339 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘human application’ means inserted, implanted, injected, infused, transfused, transplanted, ingested, transferred (as in transfer to the uterus or fallopian tube of a woman), inseminated or otherwise added to the human body in order to create a biological, mechanical or physiological interaction with that body;
Amendment 340 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘SoHO activity’ means an action, or series of actions, that has a direct impact on the safety, quality or, efficacy or functionality of SoHOs, as listed in Article 2(1);
Amendment 343 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘SoHO donor’ means any person who has presented themselves to a SoHO entity with a view to making a donation of SoHOs, or a deceased person who has authorised, or on his/her behalf a family member or authorised person, the donation of parts of his/her body after death, whether that donation is successful or not;
Amendment 349 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8 a) ‘SoHO donation’ means a process by which a person – or on his/her behalf a relative or authorised person – voluntarily and altruistically gives parts of their own body to other people in need, or authorises their use after their death. It includes the necessary medical formalities, examinations and treatments and monitoring of the SoHO donor, whether that donation is successful or not;
Amendment 352 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
Article 3 – paragraph 1 – point 8 b (new)
(8 b) ‘living donor’ means any person who has presented themselves to a SoHO entity with a view to making a donation of SoHOs, whether that donation is successful or not;
Amendment 355 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘medically assisted reproduction’ means the facilitation of conception by intra-uterine insemination of sperm, in vitro fertilisation or any other laboratory or medical intervention that promotes conception and uses SoHOs for the preservation of fertility through collection and storage of SoHO substances for subsequent human application;
Amendment 361 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘offspring from medically assisted reproduction’ means fetuses and children that are born following medically assisted reproduction;
Amendment 362 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11 a (new)
Article 3 – paragraph 1 – point 11 a (new)
(11 a) ‘unborn offspring from medically assisted reproduction’ means embryos and foetuses conceived by medically assisted reproduction;
Amendment 364 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12 – point b
Article 3 – paragraph 1 – point 12 – point b
(b) meets a pre-defined specification; and
Amendment 366 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12 – point c
Article 3 – paragraph 1 – point 12 – point c
(c) is intended for application to a recipient for a specific and homologous clinical indication or is intended for distribution for manufacture of a product regulated by other Union legislation, or as the starting and raw material thereof; and
Amendment 368 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12 – point c a (new)
Article 3 – paragraph 1 – point 12 – point c a (new)
(c a) has not been substantially modified, such as to be considered as a medicinal product or advanced therapy, and is not intended to be applied in a non- homologous manner to the recipient.
Amendment 370 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
Article 3 – paragraph 1 – point 12 a (new)
(12 a) ‘competent authority’ means the body or bodies responsible for SoHO’s activities at national level, designated by each Member State;
Amendment 374 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘donor recruitment’ means any activity aimed at informing and encouraging persons to become SoHO donors;
Amendment 378 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘processing’ means any operation involved in the handling of SoHOs, including washing, shaping, separation, fertilisation, decontamination, sterilisation, preservation and packaging. It does not include activities involving a substantial modification of SoHOs that would make it a medicinal product or an advanced therapy;
Amendment 383 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘quality control’ means severaldefined tests or checks to confirm that a SoHO activity or SoHO preparation meets pre- defined quality criteria;
Amendment 386 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 17
Article 3 – paragraph 1 – point 17
(17) ‘storage’ means the maintenance of SoHOs under appropriate controlled conditions until distribution or issuing;
Amendment 387 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 18
Article 3 – paragraph 1 – point 18
(18) ‘release’ means a process through which it is verified that a SoHO or a SoHO preparation meets defined safety and quality criteria and the conditions of any applicable authorisation before distribution, issuing, export or human application;
Amendment 393 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 21
Article 3 – paragraph 1 – point 21
(21) ‘export’ means distribution of SoHOs or SoHO preparations to third countries outside the Union;
Amendment 394 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 21 a (new)
Article 3 – paragraph 1 – point 21 a (new)
(21 a) ‘non-homologous use’ means a cell or tissue that, when applied to a recipient, ceases to have the same essential function, in the same anatomical or histological space as it had in its original environment in the donor;
Amendment 395 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 21 b (new)
Article 3 – paragraph 1 – point 21 b (new)
(21 b) ‘homologous use’ means a cell or tissue that when applied in a recipient mantains the same essential function, in the same anatomical or histological space as it had in its original environment in the donor;
Amendment 397 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘autologous use’ means collection of SoHO from one individual for subequent application to the same individual, with or without further SoHO activities between collection and application;
Amendment 400 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 27
Article 3 – paragraph 1 – point 27
(27) ‘adverse occurrence’ means any incident associated with the donation or human application of SoHO that caused harm to a living SoHO donor, harm to a SoHO recipient or to offspring from medically assisted reproduction or that implied a risk of such harm;
Amendment 405 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28 – point i a (new)
Article 3 – paragraph 1 – point 28 – point i a (new)
(i a) any other adverse ocurrence specified by the EDQM guidelines.
Amendment 407 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 29
Article 3 – paragraph 1 – point 29
(29) ‘SoHO rapid alert’ means a communication regarding a SAO, a communicable disease outbreakn adverse ocurrence or other information that might be of relevance to the safety and quality of SoHOs in more than one Member State and is to be transmitted rapidly between competent authorities and the Commission to facilitate the implementation of preventive or mitigating measures;
Amendment 408 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘EU SoHO Platform’ means the digital platform established and managed by the Commission tofor the exchange of information concerning SoHO activities at Union level, between competent authorities, the Commission, SoHO entities and other relevant entities, and to facilitate coordination and cross-border cooperation, between Member States, on SoHO;
Amendment 412 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 33
Article 3 – paragraph 1 – point 33
(33) ‘the compendium of SoHO’ means a list kept up-to-date by the SoHO Coordination Board of decisions, taken at Member State level, and opinions, issued by competent authorities and by the SCB and the Classification Advisory Council, on the regulatory status of specific substances, products or activities and published on the EU SoHO platform;
Amendment 414 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 38
Article 3 – paragraph 1 – point 38
(38) ‘Union training’ means training activities for the personnel of competent authorities and, where appropriate, for personnel of delegated bodies performing SoHO supervisory activities;
Amendment 416 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 41
Article 3 – paragraph 1 – point 41
(41) ‘critical SoHO’ means a SoHO for which an insufficient supply will result in serious harm or risk of harm to patrecipients;
Amendment 418 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 42
Article 3 – paragraph 1 – point 42
(42) ‘critical SoHO entity’ means a SoHO entity that carries out activities contributing to the supply of critical SoHOs and the scale of those activities is such that a failure to carry them out cannot be compensated by activities of other entities or alternative substances or products for patrecipients;
Amendment 420 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 42 a (new)
Article 3 – paragraph 1 – point 42 a (new)
(42 a) ‘Classification Advisory Council’ means a body composed of representatives of the SoHO Coordination Board, the European Medicines Agency and the Medical Device Coordination Group with the responsibility of assisting the Member States and the Commission in determining the regulatory status of a substance, product or activity covered by this Regulation;
Amendment 421 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 42 b (new)
Article 3 – paragraph 1 – point 42 b (new)
(42 b) ‘SoHO Coordination Board (SCB)’ means a body set up by this Regulation to promote coordination between Member States on SoHO;
Amendment 423 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 45
Article 3 – paragraph 1 – point 45
(45) ‘technical guidelines’ means a description of a series of methodological procedures and parameters, updated in accordance with the latest scientific evidence, that, if followed, achieve a level of quality and safety of a SoHO activity or a SoHO preparation that is considered to be acceptable as a means to comply with regulatory standards;
Amendment 424 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 47 – introductory part
Article 3 – paragraph 1 – point 47 – introductory part
(47) ‘traceability’ means the ability to locate and identify SoHOs during any step from collection through processing and storage to, distribution or issuing, to human application or disposal, including the ability to:
Amendment 427 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 51
Article 3 – paragraph 1 – point 51
(51) ‘imputability’ means the likelihood that a seriousn adverse occurrence, in a SoHO donor, is related to the donacollection process or, in a recipient, to the application of the SoHOs;
Amendment 433 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 61
Article 3 – paragraph 1 – point 61
(61) ‘SoHO for reproductive cellson’ means all cells intended to be used for the purpose of medically assisted reproduction and embryos resulting from fertilisation;
Amendment 434 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 62
Article 3 – paragraph 1 – point 62
(62) ‘third party donation’ means a donation of SoHO for reproductive cellson by a person to a personrecipient or a couple with whom the donor does not have an intimate physical relationship;
Amendment 436 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 63
Article 3 – paragraph 1 – point 63
(63) ‘within couple use’ means use of reproductive cells for medically assisted reproduction frombetween two persons with an intimate physical relationship, where one person supplies their own oocytes and the other person supplies their own sperm. Such gametes shall under no circumstances be applied to third parties;
Amendment 441 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 64
Article 3 – paragraph 1 – point 64
(64) ‘compensation’ means making good of any quantifiable losses associated with donation, without any net gain or loss;
Amendment 452 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 64 a (new)
Article 3 – paragraph 1 – point 64 a (new)
(64 a) ‘reimbursement’ means the reimbursement of costs incurred by the donor associated with the donation process;
Amendment 454 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 64 b (new)
Article 3 – paragraph 1 – point 64 b (new)
(64 b) ‘financial neutrality’ means a situation in which the donor does not experience net economic gains or losses associated with a donation;
Amendment 461 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 70 a (new)
Article 3 – paragraph 1 – point 70 a (new)
(70 a) ‘informed consent’ means consent by the donor to make a free and non- coercive donation or consent by the recipient to accept a treatment with a SoHO, after receiving clear, comprehensive and comprehensible information;
Amendment 465 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 70 b (new)
Article 3 – paragraph 1 – point 70 b (new)
(70 b) ‘European autonomy’ means the situation where the Union has the capacity to self-supply SoHO, being self- sufficient from third countries to cover most of the demand, with the exception of those SoHOs which require global management due to their intrinsic characteristics.
Amendment 468 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 70 c (new)
Article 3 – paragraph 1 – point 70 c (new)
(70 c) ‘SoHO clinical study’ means an experimental evaluation of a SoHO or a SoHO preparation in humans, with the objective of drawing conclusions regarding its efficacy and safety.
Amendment 470 #
2022/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States may maintain or introduce within their territories measures that are more stringent than the ones provided for in this Regulation on condition that those national measures are compatible with Union law, and are proportionate to the risk to human health. In particular, Member States may introduce requirements for donations, including the prohibition or restriction of imports of SoHO, to ensure a high level of health protection and to achieve the objective defined in Article 54, provided that the conditions of the Treaties are met. Such measures shall not hinder coordination between Member States or European autonomy.
Amendment 491 #
2022/0216(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Without prejudice to Article 75, competent authorities shall carry out their supervisory activities in a transparent manner and they shall make accessible and clear to the public decisions taken in cases where a SoHO entity has failed to comply with an obligation under this Regulation and where such failure causes or may cause a serious risk to human health. They shall also be transparent about the criteria used for the assessment and authorisation of SoHO preparations and SoHO entities.
Amendment 493 #
2022/0216(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Competent authorities shall be responsible for the SoHO supervisory activities referred to in Chapter III in order to verify the effective compliance of SoHO entities and SoHO preparations authorised in their territory with the requirements set out in this Regulation.
Amendment 495 #
2022/0216(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) procedures to ensure the independence, impartiality, transparency, effectiveness, quality, suitability for purpose and consistency of their SoHO supervisory activities;
Amendment 496 #
2022/0216(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) appropriate and properly maintained facilities and equipment to ensure that personnel can perform their SoHO supervisory activities efficiently, safely and effectively;
Amendment 499 #
2022/0216(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. In all cases where questions arise as to the regulatory status of a substance, product or activity, competent authorities shall consult with authorities established in other relevant Union legislation referred tothe Classification Advisory Council, defined in Aarticle 2(3), as relevant.67(a) In such cases, competent authorities shall also consult the compendium referred to Article 3 point (33).
Amendment 500 #
2022/0216(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Amendment 502 #
2022/0216(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Amendment 505 #
2022/0216(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The competent authorities shall inform the SCBClassification Advisory Council of the subsequent decision taken in their Member State, following the consultations referred to in paragraph 1 of this Article, regarding the regulatory status of the substance, product or activity concerned under this Regulation and on any consensus reached as a result of those consultations for publication in the compendium by the SCB. To the extent possible, Member States shall accept the opinion of the Classification Advisory Council. Otherwise, they shall inform the Classification Advisory Council as soon as possible of the decision taken and its justification.
Amendment 509 #
2022/0216(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Article 14 – paragraph 4 – subparagraph 1
The Commission may, upon a duly substantiated request of a Member State or the Classification Advisory Council, following the consultation referred to in paragraph 1, or on its own initiative, by means of implementing acts, determine the regulatory status of a substance, product or activity under this Regulation, in case questions arise in that respect, notably when these questions cannot be resolved at the Member State level, or in discussions between the SCB and the advisory bodies established in other relevant Union legislation, in accordance with Article 68(1), point (b)in the Classification Advisory Council. This decision shall be based on the most up-to- date scientific evidence.
Amendment 510 #
2022/0216(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 513 #
2022/0216(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The consultation and cooperation referred to in paragraphs 1, 2 and 5 may also be initiated on the basis of a request for advice from a SoHO entity, as referred to in Article 40.
Amendment 515 #
2022/0216(COD)
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
The Commission may, by means of implementing acts, lay down rules concerning procedures for consultation referred to in paragraph 1 and cooperation referred to in paragraph 5 by the competent authorities when they consult the authorities established in other relevant Union legislation referred to in Article 2(3).
Amendment 524 #
2022/0216(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. SoHO preparation authorisations shall be valid throughout the Union for the period defined in the terms of the authorisation, when such a time period has been defined, or until a competent authority has suspended or withdrawn the authorisation. Where a Member State has adopted a more stringent measure, in accordance with Article 4, which relates to a specific SoHO preparation, that Member State may decline to recognise the validity of the SoHO preparation authorisation of another Member State pending verification that the more stringent measure has been met. This information shall be notified, without undue delay, in the EU SoHO Platform.
Amendment 525 #
2022/0216(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Competent authorities shall have procedures in place to allow that applications for the authorisation of SoHO preparations are submitted in accordance with Article 41. They shall provide guidelines and templates for the submission of applications for SoHO preparation authorisation. When developing these guidelines and templates, competent authorities shall consultfollow the relevant best practices agreed and documented by the SCB as referred to in Article 68(1), point (c). Competent authorities may establish simplified procedures for applications concerning modifications to previously authorised SoHO preparations.
Amendment 531 #
2022/0216(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21 a Conditional authorisation of SoHO preparations in exceptional situations 1. In exceptional cases, and subject to a medical prescription, the competent authorities may consult the best practices approved and documented by the SCB in accordance with Article 68(1)(c) and authorise the conditional and temporary use of certain SoHOs preparations in cases where: (a) the potential recipient of those SoHO preparations is at vital risk, has no available therapeutic alternatives and their treatment cannot be postponed; (b) available clinical data indicate that the SoHO preparation will be safe and effective. 2. The competent authorities shall, without undue delay, enter information on conditional authorisations of SoHO preparations into the EU SoHO Platform referred to in Chapter XI. 3. After receiving conditional and temporary authorisation for a SoHO preparation, the SoHO entity shall, in parallel, initiate a regular authorisation procedure for that SoHO preparation in accordance with Article 21.
Amendment 533 #
2022/0216(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. When assessing the SoHO preparation pursuant to paragraph 4, points (e) and (g), competent authorities shall consider, in the cases where the applicant has proposed to record, and recorded,verify that the clinical studies and their results of the clinical outcome monitoring in an existing clinical registry, that this is an acceptable method, provided that those competent authorities have verified that the registry has data quality management procedures in place that ensure accuracy and completeness of datahave been correctly recorded in the EU SoHO Platform.
Amendment 556 #
2022/0216(COD)
Proposal for a regulation
Article 28 – paragraph 9
Article 28 – paragraph 9
9. By derogation from paragraph 1, in case of emergencythe exceptional situations described in Article 21(a) or in case of emergency, as described in Article 64, competent authorities may authorise imports of SoHOs for immediate application to a specific recipient when justified by the clinical circumstances on a case-by-case basis.
Amendment 565 #
2022/0216(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2
Article 32 – paragraph 1 – subparagraph 2
In exceptional cases, competent authorities may consider that a person’s considerable and relevant experience may exempt this person from the requirement set out in the first subparagraph. They shall also perform their duties impartially, transparently and free from conflicts of interest.
Amendment 567 #
2022/0216(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Competent authorities shall provide inspectors with a specific induction training before inspectors take up their duties. For the specific induction training, competent authorities shall consult the relevant best practices agreed and documented by the SCB as referred to in Article 68(1), point (c). The designation criteria shall be clear and transparent.
Amendment 573 #
2022/0216(COD)
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34 a Monitoring of SoHO availability and continuity of supply 1. As part of the national plans to ensure the continuity of SoHO supply referred to in Article 61(a), the competent authorities shall establish a digital platform through which they can exchange information on the availability of SoHO in the national territory in a fast and efficient manner. Through this system, competent authorities may request national SoHO entities to provide information on the availability of a certain SoHO product in specific situations of need. They shall also take into account alerts sent by national SoHO entities concerning the availability of SoHO and potential shortages. The competent authorities shall ensure that this digital platform is available no later than two years after the entry into force of this Regulation. 2. The competent authorities shall be responsible for monitoring the availability of SoHO at national level. They shall provide guidance to SoHO entities to facilitate the exchange of information on the availability of SoHO referred to in Article 46(a). 3. The competent authorities shall store and analyse information on the availability of SoHO and its fluctuations over time, as well as trends in demand and potential shortages of SoHO and shall draw up reports containing that information which may be made available to other Member States through the EU SoHO Platform as defined in Article 73 (Article 35).
Amendment 576 #
2022/0216(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Amendment 577 #
2022/0216(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The responsible person for release of SoHOs shall be in possession of a diploma, certificate or other evidence of formal qualifications in the field of medical or biological sciences awarded on completion of a university course of study or a course recognised as equivalent by the Member State concerned and shall have at least 2 years of experience in the relevant field. The SoHO entity shall ensure that the person responsible for the release of SoHO receives adequate and up-to-date training, appropriate to their job and responsibilities, including specific training on those SoHOs that require it.
Amendment 579 #
2022/0216(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. SoHO entities may request to their competent authorities a derogation from the requirement for a SoHO preparation authorisation in the exceptional circumstances referred to in Articles 21(a) 64.
Amendment 582 #
2022/0216(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. SoHO entities shall perform the clinical outcome monitoring once a conditional authorisation has been granted pursuant to Article 21(2), point (c), and submit the results to their competent authorities. In conducting the clinical investigation study as referred to in paragraph 3, points (b) and (c), for the SoHO preparation concerned, the applicant may use an existing clinical registry to record its results provided that their competent authorities have verified that the registry has data quality management procedures in place that ensure accuracy and completeness of datashall register that study and the results obtained in the SoHO EU Platform in accordance with Article 36 (a).
Amendment 585 #
2022/0216(COD)
Proposal for a regulation
Article 41 a (new)
Article 41 a (new)
Article 41 a Clinical studies with SoHO 1. SoHO entities may conduct clinical studies with SoHO, in the context of the monitoring plans defined in Article 41 or beyong it, with the aim of comparing or improving treatments. 2. Clinical studies shall always have the safety and well-being of the participants in the study as a priority and they shall respect the provisions of Articles 53, 54, 55, 56, 58 and 59 of this Regulation, concerning the protection of donors and recipients. SoHO entities intending to start a clinical study shall seek to obtain more robust and reliable data, through collaboration with other SoHO entities, if necessary. 3. SoHO entities must apply for a favorable opinion from the Research Ethics Committee before starting any clinical study. The Committee shall assess the ethical, legal and methodological aspects of the study, to determine the capacity of the study design to draw robust conclusions, as well as well-being and safety-related aspects of the participants, before issuing a favorable opinion for the study. 4. The person responsible for the clinical study shall be adequately trained. 5. Before starting the clinical study, SoHO entities shall register it on the EU SoHO Platform, where they shall also record the results after the end of the study, in accordance with Article 36 (a). 6. SoHO entities shall request approval of the clinical study to competent authorities before starting a clinical study with SoHO, in accordance with Article 36(a). SoHO entities may request assistance regarding administrative, technical and ethical aspects of the clinical study to the competent authorities, in accordance with Article 36(a).
Amendment 591 #
2022/0216(COD)
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Amendment 592 #
2022/0216(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. SoHO entities shall maintain a system for detecting, investigating and recording information concerning adverse occurrences, including adverse occurrences detected during clinical outcome monitoring as part of a SoHO preparation authorisation application as referred to in Article 41 or as part of a clinical study with SoHO, as referred to in Article 41(a).
Amendment 595 #
2022/0216(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. SoHO establishments shall not carry out any SoHO activities without prior SoHO establishment authorisation. This shall apply whether all activities are carried out by the establishment itself or one or more are contracted to another SoHO entity.
Amendment 603 #
2022/0216(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. SoHO entities shall protect the physical and mental health of living donors before, during and after the donation.
Amendment 604 #
2022/0216(COD)
Proposal for a regulation
Article 52 – paragraph 2 a (new)
Article 52 – paragraph 2 a (new)
2 a. SoHOs from living donors shall be obtained from individuals whose state of health is such that no adverse effects on their health are expected/likely as a result of donation.
Amendment 607 #
2022/0216(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point a a (new)
Article 53 – paragraph 1 – point a a (new)
(a a) ensure that donors are not discriminated on grounds not specified in the technical guidelines listed in Article 56, based on scientific evidence, and intended to avoid potential risks to the health of SoHO recipients or donors;
Amendment 608 #
2022/0216(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point b
Article 53 – paragraph 1 – point b
(b) provide donors or their relatives or any persons granting authorisation on their behalf, in accordance with national legislation, with the information referred to in Article 55 and in a way that is adequate in view of their capacity to understand it, so that they can give free and informed consent;
Amendment 609 #
2022/0216(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point f
Article 53 – paragraph 1 – point f
(f) verify the eligibility of the donor on the basis of a donor health evaluation, including mental health-related aspects that could be altered by the donation process, that aims to minimise any risk that the donation might pose to the donor’s health;
Amendment 626 #
2022/0216(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. In the course of the donor health evaluations referred to in paragraph 1, point (f), SoHO entities shall conduct interviews with the donors and gather information concerning the donors’ present and recent state of physical and mental health and their health histories to assure the safety of the donation process for those donors. SoHO entities may perform laboratory tests as part of the donor health evaluations. They shall perform such tests in cases where evaluations indicate that laboratory tests are necessary to establish the eligibility of those donors from the perspective of their own protection. The physician, as referred to in Article 51, shall approve the procedure and criteria for donor health evaluations.
Amendment 627 #
2022/0216(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. SoHO entities that collect SoHOs from donors that are subjected to a surgical procedure in order to donate, that are treated with hormones to facilitate donation, or that donate SoHO that can be donated on a frequent and repeated basis, shall register such donors and the results of their donor health evaluations in a cross- entity registry that allows interconnection with other such registries at Union level, as referred to in paragraph 1, point (j). SoHO entities that manage such registries shall ensure interconnectivity between them.
Amendment 643 #
2022/0216(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Member States may allow for the compensation or reimbursement from the SoHO entities to living donors for losses related to their participation in donations through fixed rate allowances. In such case, Member States shall establish the conditions for such allowances in national legislation, including the setting of an upper limit that ensures that allowances are transparent, financially neutral and consistent with the standards laid down in this Article. They may delegate the setting of conditions for such allowances to independent bodies that are established in accordance with national legislation.
Amendment 648 #
2022/0216(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. SoHO entities may compensate or reimburse living donors as provided for by their competent authorities pursuant to paragraph 2. SoHO entities shall report transparently to the competent authorities on the compensation used, and on any changes made in this respect.
Amendment 651 #
2022/0216(COD)
Proposal for a regulation
Article 54 – paragraph 3 a (new)
Article 54 – paragraph 3 a (new)
3 a. Compensation may under no circumstances be used for promotion or as a claim for recruitment, shall not be an incentive to donate and shall not lead to exploitation of the most vulnerable persons in society or to situations of inappropriate competition for the recruitment of donors.
Amendment 653 #
2022/0216(COD)
Proposal for a regulation
Article 54 – paragraph 3 b (new)
Article 54 – paragraph 3 b (new)
3 b. The Commission shall assess the ethical aspects of voluntary and unpaid donation and verify that Member States’ compensation and reimbursement systems follow the guidelines specified in this Regulation. This assessment shall determine, inter alia, that such compensations and reimbursements under no circumstances constitute an incentive or a claim to recruit donors, that they do not expose vulnerable people in society to exploitation activities, that they do not undermine public confidence in the donation system or that they do not promote competition between SoHO entities for the recruitment of donors. Member States shall provide the Commission with the information requested to perform this assessment. By [one year after the entry into force of this Regulation], and every three years, the Commission shall submit a report to the Council and the European Parliament assessing the compensation and reimbursement systems in the Member States and, where appropriate, making recommendations to the Member States on how they can be improved. These reports shall be made available to the public.
Amendment 658 #
2022/0216(COD)
Proposal for a regulation
Article 55 – paragraph 3 – point d
Article 55 – paragraph 3 – point d
(d) the intended use of the donated SoHO, in particular covering proven benefits for the future recipients and any possible research or commercial uses to which the donor should give an informed consent;
Amendment 671 #
2022/0216(COD)
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
Amendment 679 #
2022/0216(COD)
Proposal for a regulation
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
SoHO entities shall ensure that recipients are not discriminated on grounds not specified in the technical guidelines listed in Article 56, based on scientific evidence and intended to avoid potential risks to the health of donors or recipients;
Amendment 688 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2 – introductory part
Article 58 – paragraph 2 – introductory part
2. In the procedures referred to in paragraph 1, SoHO entities shall mitigate the risks of communicable disease transmission from SoHO donors to recipients by combining, at least,follow the scientific and technical specifications defined in Article 59 to mitigate the following measurerisks:
Amendment 690 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point a
Article 58 – paragraph 2 – point a
Amendment 692 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point b
Article 58 – paragraph 2 – point b
Amendment 695 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c
Amendment 699 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2 a. of communicable disease transmission from SoHO donors to recipients by combining, at least, the following measures: (i) reviewing and evaluating the donors’ current and past health, travel and relevant behavioural histories to allow the application of temporary or permanent deferrals when risks cannot be fully eliminated by donor testing; (ii) testing of donors for communicable diseases using certified and validated testing methods, or other methods considered appropriate in accordance with the guidelines defined in Article 59; (iii) when feasible and suitable according to the guidelines defined in Article 59, using processing technologies that reduce, inactivate or eliminate any potential communicable pathogens.
Amendment 701 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2 b (new)
Article 58 – paragraph 2 b (new)
2 b. of non-communicable disease transmission, including genetic conditions and cancer, from donors to the recipients or to offspring from medically assisted reproduction by combining, at least, the following measures: (i) reviewing the donors’ current and past health to allow temporary or permanent deferral of donors that carry a risk of transmitting cancerous cells or other non- communicable diseases that might be passed to a recipient by SoHO application; (ii) where the transmission of genetic conditions is an identified risk, and in particular in the case of medically assisted reproduction with third party donation: - testing donors for those conditions, as indicated by prevalence or severity as presenting the highest risk;or - testing prospective recipients to identify any relevant genetic risk, combined with testing donors for such identified genetic conditions to ensure matching that will prevent the concerned condition in the offspring.
Amendment 702 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2 c (new)
Article 58 – paragraph 2 c (new)
2 c. of communicable or non- communicable disease transmission to the recipients through cross-contamination of donations during collection, processing, storage and distribution by measures that ensure that physical contact between SoHOs from different donors is avoided or, in cases where combining donations is necessary for efficacy of the SoHO preparation, is minimised.
Amendment 703 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2 d (new)
Article 58 – paragraph 2 d (new)
Amendment 704 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2 e (new)
Article 58 – paragraph 2 e (new)
2 e. that any reagents and solutions added to SoHOs or coming in contact with SoHOs during collection, processing, storage and distribution might be transmitted to recipients and have a toxic, or other, detrimental effect on their health by combining, at least, the following measures: (i) specifying such reagents and solutions prior to their purchase; (ii) verifying any required certifications of such reagents and solutions; (iii) demonstrating the removal of such reagents and solutions, when necessary, prior to distribution.
Amendment 705 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2 f (new)
Article 58 – paragraph 2 f (new)
Amendment 706 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2 g (new)
Article 58 – paragraph 2 g (new)
2 g. that SoHOs cause an immune reaction in recipients by combining, at least, the following measures: (i) accurately typing and matching of patients to donors, when such matching is necessary; (ii) correctly distributing SoHOs to the correct recipients pursuant to Article 45.
Amendment 707 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2 h (new)
Article 58 – paragraph 2 h (new)
Amendment 708 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
Amendment 713 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
Amendment 714 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
Amendment 717 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 6
Article 58 – paragraph 6
Amendment 719 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 7
Article 58 – paragraph 7
Amendment 721 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 8
Article 58 – paragraph 8
Amendment 723 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 9
Article 58 – paragraph 9
Amendment 726 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 10 – point a
Article 58 – paragraph 10 – point a
(a) apply SoHO preparations to recipients without proven benefit, except in the context of a clinical investigation approved in the context of a conditional authorisation of the SoHO preparation by their competent authority pursuant to Article 41(4), or a clinical study referred to in Article 41(a);
Amendment 727 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 10 – point b
Article 58 – paragraph 10 – point b
(b) apply SoHO preparations to recipients unnecessarily. SoHO entities shall make an optimal use of SoHO, taking into account therapeutic alternatives, and following the most up-to- date scientific guides specified in Article 59 ;
Amendment 728 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 10 – point c a (new)
Article 58 – paragraph 10 – point c a (new)
(c a) prioritise cosmetic uses over clinical uses, especially in the event of a possible shortage of SoHO.
Amendment 730 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 11 – subparagraph 1
Article 58 – paragraph 11 – subparagraph 1
Amendment 732 #
2022/0216(COD)
Proposal for a regulation
Article 58 – paragraph 11 – subparagraph 2
Article 58 – paragraph 11 – subparagraph 2
For donors that donate repeatedly, the interviews referred to in the first subparagraph may be limited to aspects that might have changed and may be replaced with questionnaires.
Amendment 741 #
2022/0216(COD)
Amendment 742 #
2022/0216(COD)
Proposal for a regulation
Article -62 (new)
Article -62 (new)
Amendment 747 #
2022/0216(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
Amendment 773 #
2022/0216(COD)
Proposal for a regulation
Article 62 – paragraph 3 – point f a (new)
Article 62 – paragraph 3 – point f a (new)
(f a) communication strategy for the general public.
Amendment 776 #
2022/0216(COD)
Proposal for a regulation
Article 62 – paragraph 6
Article 62 – paragraph 6
6. Member States shall review regularly their national SoHO emergency plans at least every 3 years and whenever necessary to take into account changes in the organisation of competent authorities and, experience gained from implementing the plans and simulation exercises and the recommendations issued by the Commission, as referred to in Article 62(a).
Amendment 786 #
2022/0216(COD)
Proposal for a regulation
Article 62 b (new)
Article 62 b (new)
Article 62 b European SoHO autonomy 1. By two years after the entry into force of this Regulation, the Commission shall submit a report to the Council and the European Parliament assessing the different measures applicable to secure the SoHO supply at national level, in the Member States, and at Union level. This report shall include measures to promote donation, in a manner compatible with the principles of voluntary and unpaid donation defined in paragraph 54 – such as informative and awareness-raising campaigns for citizens on the benefits of donation, as well as measures for the efficient use of SoHO. Based on the results of this report, the Commission shall develop a plan to promote European SoHO autonomy and give recommendations to Member States to implement measures in this regard in their national plans, described in Article 61 (a). 2. The plan for a European autonomy proposed by the Commission shall be reviewed every 5 years. 3. The Commission shall work with Member States to promote public participation in SoHO donation activities, in particular with regard to critical SoHO, with a view of ensuring resilient supply and a significant increase in donation rates where risks of shortages are identified. In doing so, it shall encourage the collection of SoHO through strong public and non-profit sector participation.
Amendment 787 #
2022/0216(COD)
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
1. Critical SoHO entities shall without undue delay launch a SoHO supply alert to their competent authorities in case of a significant interruption, indicating the underlying reason, the expected impact on patients and any mitigating actions taken including possible alternative supply channels if appropriate. Interruptions shall be considered significant when the application of critical SoHO is cancelled or postponed due to unavailability and this poses a serious risk to human health.
Amendment 788 #
2022/0216(COD)
Proposal for a regulation
Article 63 – paragraph 1 a (new)
Article 63 – paragraph 1 a (new)
Amendment 790 #
2022/0216(COD)
Proposal for a regulation
Article 63 – paragraph 3
Article 63 – paragraph 3
3. The SoHO National Authorities mayshall submit to the EU SoHO Platform the SoHO supply alert received, especially in cases where the supply interruption might affect other Member States or where such interruption might be addressed through cooperation between Member States pursuant to Article 62(3), point (d).
Amendment 791 #
2022/0216(COD)
Proposal for a regulation
Article 64 – title
Article 64 – title
Derogation from the obligations to authorise SoHO preparations in public health emergency situations
Amendment 794 #
2022/0216(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
Member States may take additional measures to the ones set out in their national SoHO emergency plans to ensure critical SoHOs suppontinuity of SoHO supply, as well as in the national SoHO emergency plans to secure SoHO supply, especially in case of shortages on their territory, on a case-by-case basis. Member States taking such measures shall inform the other Member States and the Commission without undue delay and give reasons for the measures taken.
Amendment 797 #
2022/0216(COD)
Proposal for a regulation
Article 65 a (new)
Article 65 a (new)
Article 65 a Plans to ensure continuity of supply to SOHO entities SoHO entities carrying out SoHO activities related to critical SoHOs shall have in place a plan to ensure continuity of supply of its own entity that supports the implementation of the national SoHO continuity of supply plan referred to in Article 61 (a).
Amendment 806 #
2022/0216(COD)
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. Each Member State shall nominate two permanent members and two alternates representing the SoHO National Authority and, where the Member State chooses, the Ministry of Health. The SoHO National Authority may nominate members from other competent authorities, but those members shall ensure that the views and suggestions they make are endorsed by the SoHO National Authority. The Board may also invite experts and observers to attend its meetings, and may cooperate with other external experts as appropriate, in order to ensure a multidisciplinary and diverse representation of stakeholders in the SoHO sector. Other Union institutions, bodies, offices and agencies shall have an observer role.
Amendment 812 #
2022/0216(COD)
Proposal for a regulation
Article 67 – paragraph 4
Article 67 – paragraph 4
4. The Commission shall chair the meetings ofBoard shall be co-chaired by a representative of the Commission and by one rotating representative of the Member States, who shall be elected by and from among the representatives of the Member States in the SCB. The chair shall not take part in votes of the SCB.
Amendment 814 #
2022/0216(COD)
Proposal for a regulation
Article 67 – paragraph 6 – point k a (new)
Article 67 – paragraph 6 – point k a (new)
(k a) make available to the public a summary of the topics discussed at the meetings.
Amendment 819 #
2022/0216(COD)
Proposal for a regulation
Article 68 – paragraph 1 – point a
Article 68 – paragraph 1 – point a
(a) in collaboration with other authorities designated in other relevant Union legislation, preparing opinions at the request of competent authorities in accordance with Article 14(2) first sub-paragraph1), on the regulatory status under this Regulation of a substance, product or activity and transmitting its opinions to the compendium;
Amendment 820 #
2022/0216(COD)
Proposal for a regulation
Article 68 – paragraph 1 – point b
Article 68 – paragraph 1 – point b
(b) when preparing the opinions referred to in point (a) of this paragraph, initiating, at Union level, a consultation with equivalent advisory bodies establishedparticipate in other relevant Union legislation in accordance with Article 14(2) second sub-paragraph, and including in the compendium the opinions concerning the Union legislation to be applied in cases where there is agreement with the equivalent advisory bodies Classification Advisory Council as defined in Article 68 (a);
Amendment 822 #
2022/0216(COD)
Proposal for a regulation
Article 68 – paragraph 1 – point d
Article 68 – paragraph 1 – point d
(d) recording information notified in accordance with Article 14(32), and including such information in the compendium;
Amendment 825 #
2022/0216(COD)
Proposal for a regulation
Article 68 – paragraph 1 – point g a (new)
Article 68 – paragraph 1 – point g a (new)
Amendment 826 #
2022/0216(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Amendment 828 #
2022/0216(COD)
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1
Article 69 – paragraph 1 – subparagraph 1
The Commission shall organise Union training in cooperation with the Member States concerned.
Amendment 832 #
2022/0216(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
The Commission shall establish and maintain cooperation with the EDQM in relation to the guidelines published by the EDQM. Such cooperation shall be based on the highest scientific standards, be proactive in identifying future needs and be transparent, involving the relevant stakeholders in consultations related to the development of the technical guidelines.
Amendment 837 #
2022/0216(COD)
Proposal for a regulation
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
The Commission shall evaluate the transparency in the procedures and development of the technical guidelines by the EDQM and their suitability to the needs and interests of the Member States.
Amendment 838 #
2022/0216(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point a
Article 72 – paragraph 1 – point a
(a) providing secretariat and technical, scientific and logistic support to the SCB and its working groups and to the Classification Advisory Council;
Amendment 839 #
2022/0216(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. With regard to the support referred to in paragraph 1, point (a), the Commission shall, in particular, organise the meetings of the SCB and its working groups, the travel of members of the SCB, and of the Classification Advisory Council, the travel of members of the SCB and the Classification Advisory Council reimbursement and special allowances for scientific experts that participate in those meetings, and ensure the appropriate follow-up.
Amendment 840 #
2022/0216(COD)
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. The Commission shall establish, manage and maintain the EU SoHO Platform to facilitate effective and efficient exchange, registration and storage of information concerning SoHO activities in the Union, as provided for in this Regulation. To ensure optimal use of the EU SoHO Platform, the Commission shall:
Amendment 842 #
2022/0216(COD)
Proposal for a regulation
Article 73 – paragraph 1 – point a (new)
Article 73 – paragraph 1 – point a (new)
(a) develop the technical and functional specifications of the EU SoHO Platform, including the data exchange mechanism for the exchange with existing national systems and the format for electronic submission;
Amendment 843 #
2022/0216(COD)
Proposal for a regulation
Article 73 – paragraph 1 – point b (new)
Article 73 – paragraph 1 – point b (new)
Amendment 844 #
2022/0216(COD)
Proposal for a regulation
Article 73 – paragraph 1 – point c (new)
Article 73 – paragraph 1 – point c (new)
(c) develop relevant guidance for reporting through the EU SoHO Platform;
Amendment 845 #
2022/0216(COD)
Proposal for a regulation
Article 73 – paragraph 1 – point d (new)
Article 73 – paragraph 1 – point d (new)
(d) ensure data interoperability between the EU SoHO Platform, Member States’ IT systems and other relevant IT systems and databases, such as the EMA’s European Shortages Monitoring Platform or systems defined in the European Health Data Space, without duplication of reporting;
Amendment 846 #
2022/0216(COD)
(e) ensure that the Commission, national authorities and competent authorities, SoHO entities, SCB, ECDC, EMA, EDQM and other relevant bodies have adequate levels of access to the information contained in the EU SoHO Platform to carry out their tasks;
Amendment 847 #
2022/0216(COD)
Proposal for a regulation
Article 73 – paragraph 1 – point f (new)
Article 73 – paragraph 1 – point f (new)
(f) ensure that confidential information sent to the system is protected from unjustified disclosure;
Amendment 848 #
2022/0216(COD)
Proposal for a regulation
Article 73 – paragraph 1 – point g (new)
Article 73 – paragraph 1 – point g (new)
(g) ensure that the EU SoHO Platform is fully operational at the latest 2 years after the entry into force of this Regulation, and develop an implementation plan for the Platform.
Amendment 849 #
2022/0216(COD)
Proposal for a regulation
Article 73 – paragraph 1 a (new)
Article 73 – paragraph 1 a (new)
1 a. Information collected through the EU SoHO Platform on SoHO shortage alerts, SoHO shortages and demand trends, cross-border SoHO requests and resolutions, or import and export of SoHO to third countries outside the EU will be used for the monitoring, prevention and management of SoHO shortages in the EU, as well as to enhance the EU SoHO autonomy, as part of the plan defined in Article 62 (a).
Amendment 851 #
2022/0216(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. The EU SoHO platform shall also provide a secure environment for the exchange of information between competent authorities and, the Commission and the EMA, the ECDC, the SCB and EDQM, in particular in relation to SAO and rapid alerts. It shall also provide public access to information regarding the registration and authorisation status of SoHO entities and shall indicate the applicable guidelines to be followed to meet the technical standards laid down in Articles 56 and 59.
Amendment 852 #
2022/0216(COD)
Proposal for a regulation
Article 74 – paragraph 2 a (new)
Article 74 – paragraph 2 a (new)
2 a. The EU SoHO Platform shall also be the main intermediary for reporting SoHO shortages and for cross-border requests of SoHO. National authorities shall issue and receive shortage alerts that cannot be resolved at Member State level, as well as SoHO cross-border requests and shall be able to respond to them. National authorities, aware of the national availability of SoHO, as referred to in Article 34(a), shall use the EU SoHO Platform to report any SoHO shortages that may lead to a public health emergency or severe ocurrence.
Amendment 853 #
2022/0216(COD)
Proposal for a regulation
Article 74 – paragraph 2 b (new)
Article 74 – paragraph 2 b (new)
2 b. In the event of a SoHO-related health emergency or for the purpose of preventing potential threats, alerts issued through the EU SoHO Platform shall allow for rapid situational awareness by the Commission, competent authorities and other relevant bodies so that action can be taken as soon as possible as set out in Regulation (EU) 2022/2371 on serious cross-border threats to health.
Amendment 854 #
2022/0216(COD)
Proposal for a regulation
Article 74 – paragraph 2 c (new)
Article 74 – paragraph 2 c (new)
2 c. It shall also provide public access to information regarding the registration and authorisation status of SoHO entities and shall indicate the applicable guidelines to be followed to meet the technical standards laid down in Articles 56 and 59.
Amendment 855 #
2022/0216(COD)
Proposal for a regulation
Article 74 – paragraph 2 d (new)
Article 74 – paragraph 2 d (new)
2 d. The EU SoHO Platform shall contain a record of clinical studies with SoHO and their results, as referred to in Article 36 (a).
Amendment 58 #
2022/0131(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The European Pillar of Social Rights (the ‘Pillar’), proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring equal opportunities and access to the labour market, fair working conditions, and social protection and inclusion, which should also be guiding for the treatment of third-country national workers residing in the Union.
Amendment 63 #
2022/0131(COD)
Proposal for a directive
Recital 7
Recital 7
(7) PGenuinely posted third-country nationals subject to Directives 96/71/EC, 2018/957/EU, 2020/1057/EU and 2014/67/EU of the European Parliament and of the Council39 should not be covered by this Directive. This should not prevent third-country nationals who are legally residing and working in a Member State and posted to another Member State from continuing to enjoy equal treatment with respect to nationals of the Member State of origin for the duration of their posting, in respect of those terms and conditions of employment which are not affected by the application of Directives 96/71/EC . , 2018/957/EU, 2020/1057/EU and 2014/67/EU. To prevent forum shopping and artificial cross-border arrangements, Member States should provide for adequate measures to protect third- country workers from abuse through fraudulent postings to other Member States. In the single application procedure and in the monitoring of employers, due regard should be given to the provisions of Regulation (EC) No 593/2008 of the European Parliament and of the Council (‘Rome I’) to verify that the Member State concerned is in fact the habitual place of work. __________________ 39 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
Amendment 67 #
2022/0131(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 71 #
2022/0131(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The designation of the competent authorityies under this Directive should be without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of, and the decision on, the application, in addition to monitoring, implementation and enforcement of labour standards and social security regulations. Information on working conditions should be instrumental for competent authorities, such as labour inspectorates, public employment services or social security institutions, to effectively guaranteeing the rights of third country national workers.
Amendment 94 #
2022/0131(COD)
Proposal for a directive
Recital 32
Recital 32
(32) To ensure the proper enforcement of this Directive, Member States should ensure, in cooperation with the social partners, and in accordance with ILO convention 81 on Labour Inspection, that appropriate mechanisms are in place for the monitoring of employers and that, where appropriate, effective effective, unannounced, and adequate inspections are carried out on their respective territories. Third country national workers still have a higher probability of experiencing violations of their rights and working conditions than other groups of workers. Therefore, the selection of employers to be inspected should be based primarily on a risk assessment to be carried out by the competent authorities in the Member States taking into account factors such as the sector in which a company operates and any past record of infringement. The agricultural, transport, distribution, hospitality, and construction sectors are known for their higher risk of labour standard violations. In order to be able to improve the proper enforcement of this Directive and to exchange best practices between Member States, it is crucial to monitor the patterns of application, renewal and withdrawal of single permits.
Amendment 125 #
2022/0131(COD)
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
Amendment 130 #
2022/0131(COD)
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 137 #
2022/0131(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States may decide that Chapter II does not apply to third-country nationals who have been either authorised to work in the territory of a Member State for a period not exceeding six months or who have been admitted to a Member State for the purpose of studyadmitted to a Member State for the purpose of study in accordance with Directive (EU) 2016/801, as seasonal workers in accordance with Directive 2014/36/EU, or as au pairs in accordance with Directive (EU) 2016/801.
Amendment 139 #
2022/0131(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. An application to issue, amend or renew a single permit shall be submitted by way of a single application procedure. Member States shall determine whetherallow applications for a single permit are to be submitted by either the third-country national or by the third- country national’s employer. Member States may also decide to allow an application from either of the two. If the application is to be submitted by the third-country nWhere the third-country national submits the applicational, Member States shall allow the application to be introduced both from a third country and in the territory of the Member State in which the third- country national is legally present. Where the employer submits the application, Member States shall ensure that the third- country national on whose behalf the application has been submitted is kept informed about the status of the application, in each stage of the process, and the outcome of the application.
Amendment 143 #
2022/0131(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The competent authority shall adopt and notify a decision on the complete application as soon as possible and in any event within four month90 days of the date on which the application was lodged.
Amendment 149 #
2022/0131(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
Where no decision is taken within the time limit provided for in this paragraph, any consequences shall be determined by national lawfee required by the Member States in accordance with Article 10 shall be reimbursed to the applicant. Further consequences shall be determined by national law and shall contribute to the effective implementation of the time limits. Member States shall allocate sufficient resources for timely processing.
Amendment 152 #
2022/0131(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States mayshall indicate additional information related to working conditions in employment offers, the employment contract or relationship of the third- country national (such , at least the name and address of the employer, habitual place of work, type of work, working hours, remuneration), in paper format, orand store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in point (a)20 of the Annex thereto. A change to the conditions of employment indicated above shall not constitute a change of employer. Member States shall grant the third-country national access to this information, and he or she shall be informed about any changes to this information.
Amendment 154 #
2022/0131(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Member States mayshall indicate additional information related to the employment contract or relationship of the third-country national (such , at least the name and address of the employer, habitual place of work, type of work, working hours, remuneration), in paper format, or and store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and point (a)20 of the Annex thereto. A change to the conditions of employment indicated above shall not constitute a change of employer. Member States shall grant the third-country national access to this information, and he or she shall be informed about any changes to this information.
Amendment 160 #
2022/0131(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall make easily accessible, and provideprovide free of charge, in a language the third-country national can understand, upon request:
Amendment 169 #
2022/0131(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States shall, in cooperation with the social partners, NGOs and grassroots organisations, ensure that the third- country national is provided free of charge with the following information, in a language he or she can understand: (a) the rights under this Directive and under relevant Union and national labour law and practice, including to health care and social assistance; (b) the contact details of organisations representing workers, in particular trade unions, national labour inspectorates, the European Labour Authority, NGOs, grassroots organisations, and of other judicial assistance available under national law; (c) information regarding any checks of the labour market situation and change of employer pursuant to paragraphs 2, 3 and 4 of Article 11.
Amendment 172 #
2022/0131(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States may require applicants to pay fees, where appropriate, for processing applications and renewals in accordance with this Directive. The level of such fees shall be proportionate, affordable and shall be based on the services actually provided for the processing of applications and the issuance of permits. Where such fees or any other costs are paid by the third- country national, Member States shall ensure that he or she is entitled to reimbursement from the employer. When such fees or costs are paid by the employers, they shall not be recoverable from the third-country national.
Amendment 176 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) be informed about the holder’s own rights linked to the permit conferred by this Directive and/or byby Union and national law, about filing complaints, access mechanisms for dispute resolution and legal redress, as well as about the contact details of organisations representing workers, in particular trade unions, of national labour inspectorates, the European Labour Authority, NGOs, grassroots organisations, and of other judicial assistance available under national law.
Amendment 186 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b (new)
Article 11 – paragraph 2 – point b (new)
(b) require that any change of employer is communicated, prior to the first working day, by the new employer to the competent authorities in the Member State concerned, providing information on at least the name and address of the employer, the habitual place of work, the type of work, working hours, and remuneration, in accordance with procedures laid down in national law. If it is found that the new employer has not correctly communicated the conditions of employment as indicated above, the third country national worker shall remain to be entitled to pursue a new change of employer, as set out in this Article;
Amendment 200 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The right of the single permit holder to pursue such a change of employer may be suspended for a maximum of 30 days while the Member State concerned checks compliance with the first check of the labour market situation and verifies that the requirements laid down by Union or national law are fulfilled. The Member State concerned may oppose the change of employment within those 30 days. shall require that the terms of employment and working conditions are in compliance with applicable labour standards and collective agreements. The Member State concerned may oppose the change of employment within those 30 days. Regardless of the outcome, the single permit holder shall be eligible to continue working for the current employer or to enter a period of unemployment. The single permit holder shall be informed about the status of the checks, in each stage of the process, and the outcome.
Amendment 212 #
2022/0131(COD)
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) terms of employment, decent working conditions, including pay and dismissal as well as health and safety at the workplace; remuneration and dismissal, working hours, overtime rates, annual and sick leave, leaves related to care and holidays, training, protection against discriminatory, illegitimate and disproportionate deductions from the remuneration, allowances or reimbursement of expenditure to cover travel, board and lodging expenses, as well as equality of treatment between men and women, and health and safety at the workplace, in accordance with Directive (EU) 2019/1152, Directive 2008/104/EC, Directive 89/391 EEC, and Directive (EU) 2022/2041 on Adequate Minimum Wages in the European Union;
Amendment 244 #
2022/0131(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall, in cooperation with the social partners, provide for measures to prevent possible infringements by employers of national provisions adopted pursuant to Article 12. Preventive measures shall include monitoring, assessment and, where appropriate, inspections inspections, in particular in sectors with a high risk of violations of labour rights and standards, in accordance with national law or administrative practice.
Amendment 250 #
2022/0131(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall, in cooperation with the social partners, and in accordance with ILO convention 81 on Labour Inspection, ensure effective, proportionate and non-discriminatory controls and field inspections conducted by labour inspectorates, including routine and unannounced visits. Member States shall develop the capability of enforcement authorities to proactively target and pursue non-compliant employers. Member States shall ensure that services in charge of inspection of labour or other competent authorities and, where provided for under national law in respect of national workers, organisations representing workers’, interests particular trade unions, have access to the workplace and, with the agreement of the worker, to their housing.
Amendment 258 #
2022/0131(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall, in accordance with Article 47 of the Charter of Fundamental Rights of the EU, ensure that there are timely and effective mechanisms through which third-country workers may lodge complaints against their employers:
Amendment 1 #
2020/2005(INL)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the Parliament resolution of 8 October 2020 on reinforcing the Youth Guarantee,
Amendment 5 #
2020/2005(INL)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
— having regard to the Parliament resolution of 17 December 2020 on A Strong Social Europe for Just Transitions,
Amendment 9 #
2020/2005(INL)
Motion for a resolution
Citation 10 c (new)
Citation 10 c (new)
— having regard to the Parliament resolution of 17 February 2022 on Empowering European Youth: post- pandemic employment and social recovery,
Amendment 12 #
2020/2005(INL)
Motion for a resolution
Citation 10 d (new)
Citation 10 d (new)
— having regard to the Parliament resolution of 24 November 2022 on the European Year of Youth 2022 Legacy,
Amendment 15 #
2020/2005(INL)
Motion for a resolution
Citation 11
Citation 11
— having regard to the European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the Commission on 17 November 2017 at the Gothenburg Summit, in particular to its Principles No 4,1 and 4, the European Pillar of Social Rights Action Plan and the 2021 Porto Social Summit Declaration committing to work towards a Social Europe and reinforcing social cohesion;
Amendment 17 #
2020/2005(INL)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the Conference on the Future of Europe outcome document of 30 November 2022, adopted within the framework of the European Year of Youth, notably proposal 47, measure 5 calling to “ensure that young people’s internships and jobs adhere to quality standards, including remuneration, putting an end to youth minimum wages and any other discriminatory labour law provisions specific to young people, as well as banning through a legal instrument unpaid internships on the labour market and outside formal education”;
Amendment 22 #
2020/2005(INL)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
— having regard to the European Commission’s evaluation report of 10 January 2023 on the Council Recommendation on a Quality Framework on Traineeships;
Amendment 28 #
2020/2005(INL)
Motion for a resolution
Citation 11 c (new)
Citation 11 c (new)
— having regard to the International Covenant of Economic, Social and Cultural Rights, to which all EU Member States are a State Party to, notable Article 7(a)(i) on fair wages and equal remuneration, Article 7(c) on equal opportunities for all, and Article 9 on the right to social security for all;
Amendment 34 #
2020/2005(INL)
Motion for a resolution
Recital A
Recital A
A. whereas traineeships are a common way for young people to gain experience before finding stable employment; whereas traineeships can ease the transition from education or vocational training into the labour market; whereas it is crucial that optimal conditions and incentives are established to enable young people to have access to high-quality traineeships that will provide them with a useful learning experience, as well as work experience and the development of a relevant set of skills; whereas the skills acquired and the workload of traineeships must be proportionate to the remuneration for the traineeship; whereas the remuneration should be a right for trainees in the open labour market, whilst trainees in the education should have access to decent allowances;
Amendment 38 #
2020/2005(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Parliament has repeatedly condemned the practice of unpaid traineeships as a form of exploitation of young workers and a violation of their rights and called for a common legal framework to ensure fair remuneration for traineeships in order to avoid exploitative practices;
Amendment 46 #
2020/2005(INL)
Motion for a resolution
Recital C
Recital C
C. whereas different types of traineeship exist across the Union and not all types can be found in all Member States; whereas most traineeships across the Union can be divided into the categories comprising: open-market traineeships, traineeships associated with active labour market policies and, traineeships that are part of professional training orand traineeships that part of an academic or vocational curricula;
Amendment 47 #
2020/2005(INL)
Motion for a resolution
Recital E
Recital E
E. whereas studies have established links between the quality of traineeships and employment outcomes8 , with remuneration being the key quality criteria to what establishes a high quality traineeship 8a; __________________ 8 https://www.europarl.europa.eu/RegData/et udes/STUD/2022/699459/EPRS_STU(202 2)699459_EN.pdf, p. 1 8a https://www.ilo.org/wcmsp5/groups/public /---dgreports/---dcomm/--- publ/documents/publication/wcms_79977 3.pdf
Amendment 54 #
2020/2005(INL)
Motion for a resolution
Recital H
Recital H
H. whereas a person may experience discrimination differently based on a variety of factors, including, but not limited to, that person’s gender, race, colour or ethnic origin, nationality, genetic features, language, religion or belief, class or socialo-economic origin, sexual orientation, physical or mental ability, or age; whereas young people living in the weaker financial circumstances, including people living in single-parent households, people with disabilities, migrants, people with lower education levels, young people not living with their parents and those from low work-intensity households, are less likely to have access to the resources required to undertake unpaid or low-paying internships8b; whereas it is crucial tofocus on addressing and overcoming all discrimination in traineeships and ensuring the accessibility of traineeships to persons and groups of persons who are furthest away from the labour market; __________________ 8b https://www.youthforum.org/files/230111- DP-CostUnpaidInternships.pdf
Amendment 58 #
2020/2005(INL)
Motion for a resolution
Recital I
Recital I
Amendment 64 #
2020/2005(INL)
Motion for a resolution
Recital J
Recital J
J. whereas about half of all 15 to 34- year olds in the Union have gained work experience in at least one traineeship; whereas the majority of young people report having worked two unpaid internships before getting stable employment8c; whereas this means that approximately four million persons take part in at least one traineeship per year in the Union10 ; 8d; __________________ 10 8c https://www.youthforum.org/files/230111- DP-CostUnpaidInternships.pdf 8d https://www.europarl.europa.eu/RegData/ etudes/STUD/2022/699459/EPRS_STU(2 022)699459_EN.pdf, p. 2
Amendment 67 #
2020/2005(INL)
Motion for a resolution
Recital L
Recital L
L. whereas, according to the same Eurobarometer survey, only 40 % of trainees received financial compensation and whereas more than half of those trainees (53 %) considered say that compensation to be insufficient to cover their basic living costs12 ; whereas adequatefair remuneration for traineeships must cover at least basic living costs; __________________ 12 Ibid
Amendment 71 #
2020/2005(INL)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Amendment 81 #
2020/2005(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that traineeships are primarily a learning experience and should not replace entry-level jobs; calls on the Commission and the Member States to facilitate and improve access for young people to high-quality, paid, accessible and inclusive traineeships, particularly to those coming from vulnerable backgrounds to achieve Union’ objective of social cohesion and inclusion;
Amendment 88 #
2020/2005(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 97 #
2020/2005(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that EU cannot promote precarity and that poor-quality and unpaid traineeships cannot be supported by public finances; insists that employers should receive and use financial public support only if they comply with the quality criteria, legislation and collective agreements;
Amendment 100 #
2020/2005(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that high-quality traineeships can play a valuable contribution in achieving the Union social targets by 2030, as having at least 60 % of all adults participating in training every year and having at least 78 % of people aged 20 to 64 who should be in employmentto have at least 78 % of people aged 20 to 64 who should be in employment, reducing the NEETs rate to 9% through quality opportunities; and the Agenda 2030 and in particular SDGs 1, 4, 8, and 10;
Amendment 102 #
2020/2005(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the need to protect young people from undertaking several consecutive traineeships by strict monitoring of the use of contracts aiming at making the transition between the education and labour market; calls on Member states to ensure that employers implement a break period between hiring interns for the same position, as otherwise it should be a permanent position; calls on Member states to ensure that there is an appropriate ratio between staff members and trainees in the workplace;
Amendment 107 #
2020/2005(INL)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Insists that traineeships should be recognised as real work experience and taken as a primary condition for recruitment processes;
Amendment 108 #
2020/2005(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to update the 2014 Council Recommendation on Quality Framework for Traineeships and turn it into a stronger legislative instrument;
Amendment 113 #
2020/2005(INL)
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Recognises that existing Quality Framework for Traineeships principles remains relevant in supporting young people who undertakeguiding employers to offer high-quality traineeships; however, stresses that new principles must be added to match the vulnerable position of young people in the labour market; calls on the Commission, therefore, to include the following additional principles in an updated Quality Framework for Traineeships:
Amendment 115 #
2020/2005(INL)
Motion for a resolution
Paragraph 6 – indent 1 a (new)
Paragraph 6 – indent 1 a (new)
- (1) eliminate hidden costs of traineeships undertaken to obtain formal qualifications by establishing adequate traineeship allowance in line with the cost of living (living wage) and inflation,
Amendment 122 #
2020/2005(INL)
Motion for a resolution
Paragraph 6 – indent 3
Paragraph 6 – indent 3
Amendment 126 #
2020/2005(INL)
Motion for a resolution
Paragraph 6 – indent 4
Paragraph 6 – indent 4
- established clear learning objectives and access to adequate mentorship and to the guidance of trained mentors;
Amendment 130 #
2020/2005(INL)
Motion for a resolution
Paragraph 6 – indent 4 a (new)
Paragraph 6 – indent 4 a (new)
- establish, in cooperation with the labour inspectorate, channels to report malpractice and poor conditions during the traineeships period,
Amendment 134 #
2020/2005(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 144 #
2020/2005(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to propose a directive to ensure adequate remuneration for traineeships in order to avoid exploitativebinding quality standards for open labour market traineeships and fair remuneration based on minimum wage, in order to avoid exploitative practices, an access to social protection by trainees in accordance with national schemes (health insurance, unemployment benefits, pension contributions) and to limit the duration of the traineeships as well as the number of traineeships undertaken by the individual in the same field of practices;
Amendment 153 #
2020/2005(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates the central role that the European Social Fund Plus (ESF+) and the Youth Guarantee, the Recovery and Resilience Facility and its associated Scoreboard linking funding to policies for the Next Generation, and the Youth Guarantee, which is not used to its maximum potential in the majority of Member States, can play in contributing to an increase in the number of high- quality traineeships; urges Member States, with the support of the Commission, to use all available resources in this area;
Amendment 157 #
2020/2005(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to better utilise the ESF+ to help progression within education and training and transition to work, by supporting lifelong learning and employability with a view to facilitating full participation in society for all, and contributing to competitivenesparticularly those coming from vulnerable backgrounds in order to ensure their access to equal oportunities14 ; __________________ 14 https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32021 R1057&from=EN
Amendment 165 #
2020/2005(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to raise awareness at national, regional and local level of available Union funds to ensure the accessibility by all to high-quality traineeships, particularly those coming from vulnerable backgrounds in order to ensure their access to equal opportunities;
Amendment 173 #
2020/2005(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission proposal to make 2023 the European Year of Skills; calls on the Commission however to place particular attention on guaranteeing quality and paid traineeships during, particularly in the open labour market, as a legacy both of the European year of Youth and in-line with the Conference on the Future of Europe outcome document, and the European Year of Skills;
Amendment 183 #
2020/2005(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for more cooperation between all stakeholders involved, in particular education and vocational training providers, businesspublic employment services, national, regional and local governments and involvement of social partn, social partners and youth organisations and workers; suggests the creation of a European Alliance for Traineeships, similar to the European Alliance for Apprenticeships, uniting governments and key stakeholders with the aim of strengthening the quality and offer of traineeships across the Union, while promoting the mobility of trainees, notably by guaranteeing access to sufficient financial resources, and languages courses;
Amendment 185 #
2020/2005(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for the support of local pact for skills in cooperation with public employment agencies of local authoritiservices to ensure that traineeship help in closing the skills mismatch in the labour markets;
Amendment 194 #
2020/2005(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights that further data is needed in particular on: statistics of unpaid traineeships and in which sectors the issue is more predominant; barriers that trainees face in obtaining a high-quality traineeship and ways of overcoming them; the effects of the COVID-19 pandemicrecent socio-economic crises on trainees; the challenges frequently faced when undertaking a traineeship and ways in which to overcome them; possible obstacles faced by employers when offering high-quality traineeships and ways in which to overcome them; the advantages and disadvantages of digital traineeships; the experiences of trainees with disabilities as well as those coming from vulnerable backgrounds; obstacles to cross-border traineeships and ways in which to overcome them;
Amendment 198 #
2020/2005(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that any discrimination based on grounds such as sex, race, colour, nationality, ethnic or social and economic origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation must be prohibited; calls on the Member States to put in place specific measures to ensure this;
Amendment 204 #
2020/2005(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines that high-quality traineeships must be inclusive and accessible to all; stresses, in particular, the need to support persons with disabilities to have access to high-quality traineeships while ensuring an inclusive recruitment process; calls for a Union-wide definition of disability and an expansion of the European disability card to facilitate the mobility of persons with disabilities and their ability to take up traineeship opportunities in other Member States; stresses the need for an accessible workplace for trainees with disabilities; calls for a revision of Council Directive 2000/78/EC15 to improve the article on reasonable accommodation in the workplace in line with the UN Convention on the Rights of Persons with Disabilities; calls for the unblocking of the adoption of a proposal for an anti-discrimination directive (COM(2008)0426); highlights the need for the unbundling of remuneration and disability support to allow for extra disability related costs for traineeships; highlights the importance of personal assistance to support persons with disabilities; calls for more cooperation between employsocial partners and the organisations representing people who are at greater risk of discrimination; __________________ 15 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
Amendment 209 #
2020/2005(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 212 #
2020/2005(INL)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the European Commission and the Member States to adopt a framework or certificate which facilitates the recognition of skills acquired during the traineeship, in particular when it comes to cross-border recognition of skills;
Amendment 221 #
2020/2005(INL)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Requests that the Commission submit on the basis of Article 153(2)(b) TFEU in conjunction with Article 153(1)(b) TFEU, a proposal for a framework dDirective on Quality Traineeships setting out minimum requirements for adequatequality standards and fair remuneration for traineeships based on minimum wage, following the recommendations set out in Annex I hereto;
Amendment 227 #
2020/2005(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Requests that the Commission submit a proposal to update the 2014 Council Recommendationfor a Decision of the European Parliament and onf the basis of Article 292 TFEU, in conjunction with Articles 153 and 166Council on a Quality Framework for Traineeships on the basis of Article 166 (4) TFEU, following the recommendations set out in Annex II hereto;
Amendment 232 #
2020/2005(INL)
Motion for a resolution
Annex I
Annex I
Amendment 258 #
2020/2005(INL)
Motion for a resolution
Annex I a (new)
Annex I a (new)
Amendment 259 #
Amendment 289 #
2020/2005(INL)
Motion for a resolution
Annex II a (new)
Annex II a (new)