119 Amendments of Michael KAUCH
Amendment 52 #
2023/0441(CNS)
Proposal for a directive
Recital 30
Recital 30
(30) To support Union citizens in need, it is important to provide them with reliable and easily accessible information on how to avail themselves of consular assistance in third countries, including digital contact options. The Commission services and the EEAS should contribute to that objective by disseminating relevant information, including information to be provided by Member States on their consular networks and third countries where they have concluded practical arrangements on sharing responsibilities for providing consular protection to unrepresented citizens. To facilitate the processing of such information, it should be provided in machine-readable format.
Amendment 52 #
2023/0441(CNS)
Proposal for a directive
Recital 30
Recital 30
(30) To support Union citizens in need, it is important to provide them with reliable and easily accessible information on how to avail themselves of consular assistance in third countries, including digital contact options. The Commission services and the EEAS should contribute to that objective by disseminating relevant information, including information to be provided by Member States on their consular networks and third countries where they have concluded practical arrangements on sharing responsibilities for providing consular protection to unrepresented citizens. To facilitate the processing of such information, it should be provided in machine-readable format.
Amendment 56 #
2023/0441(CNS)
Proposal for a directive
Recital 32
Recital 32
(32) The financial provisions of Directive (EU) 2015/637 should be adapted to simplify reimbursements and continue ensuring financial burden-sharing. In particular, it should be possible for unrepresented citizens to directly reimburse costs, under the same conditions as nationals of the assisting Member State, for the service provided by that Member State to avoid the administrative burden resulting from seeking reimbursements from the citizen’s Member State of nationality. In addition, Member States should also be allowed to waive the charging of such costs. As, in certain situations, unrepresented citizens may not be able to pay when making the request for assistance, notably when their cash and means to access funds have been stolen, it is necessary to provide that they may be required by the consular authorities of the assisting Member State to sign an undertaking to repay. On the basis of such an undertaking, the authorities of the assisting Member State may ask for the reimbursement of the costs once four weekthree months have passed since the assistance was provided.
Amendment 56 #
2023/0441(CNS)
Proposal for a directive
Recital 32
Recital 32
(32) The financial provisions of Directive (EU) 2015/637 should be adapted to simplify reimbursements and continue ensuring financial burden-sharing. In particular, it should be possible for unrepresented citizens to directly reimburse costs, under the same conditions as nationals of the assisting Member State, for the service provided by that Member State to avoid the administrative burden resulting from seeking reimbursements from the citizen’s Member State of nationality. In addition, Member States should also be allowed to waive the charging of such costs. As, in certain situations, unrepresented citizens may not be able to pay when making the request for assistance, notably when their cash and means to access funds have been stolen, it is necessary to provide that they may be required by the consular authorities of the assisting Member State to sign an undertaking to repay. On the basis of such an undertaking, the authorities of the assisting Member State may ask for the reimbursement of the costs once four weekthree months have passed since the assistance was provided.
Amendment 63 #
2023/0441(CNS)
Proposal for a directive
Recital 41
Recital 41
(41) When processing such special categories of personal data, the competent authorities of the Member States and Union institutions and bodies should ensure suitable and specific measures to safeguard data subjects’ interests. This should include, where possible, encrypting such personal data and specific attribution of access rights for personnel who have access to the specified types of special categories of personal data. Access to such special categories of personal data shall be limited to personnel holding an EU Member State passport.
Amendment 63 #
2023/0441(CNS)
Proposal for a directive
Recital 41
Recital 41
(41) When processing such special categories of personal data, the competent authorities of the Member States and Union institutions and bodies should ensure suitable and specific measures to safeguard data subjects’ interests. This should include, where possible, encrypting such personal data and specific attribution of access rights for personnel who have access to the specified types of special categories of personal data. Access to such special categories of personal data shall be limited to personnel holding an EU Member State passport.
Amendment 87 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) an analysis of the consular situation in the country, including an overview of Member State embassies or consulates, an estimate of the number and location of Union citizens, and a risk assessment of the most plausible scenarios affecting Union citizens, such as, but not limited to, military, political, criminal, natural disaster and health risks;
Amendment 87 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) an analysis of the consular situation in the country, including an overview of Member State embassies or consulates, an estimate of the number and location of Union citizens, and a risk assessment of the most plausible scenarios affecting Union citizens, such as, but not limited to, military, political, criminal, natural disaster and health risks;
Amendment 90 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) joint consular crisis preparedness arrangements, including communication channels and contacts within local consular cooperation and with local authorities and relevant third countries as well as prompt and reliable bi-directional means of communication with registered Union citizens according to paragraph 4;
Amendment 90 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) joint consular crisis preparedness arrangements, including communication channels and contacts within local consular cooperation and with local authorities and relevant third countries as well as prompt and reliable bi-directional means of communication with registered Union citizens according to paragraph 4;
Amendment 105 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
Article 13 a – paragraph 2
Article 13 a – paragraph 2
2. Where necessary, Member States may be supported by joint consular teams composed of experts from Member States, in particular from Member States not represented in the third country affected by the crisis, the EEAS and the Commission services. Joint consular teams shall be available for rapid deployment to third countries affected by a consular crisis. Participation in joint consular teams shall be volmandatory for Member States not represented in the third countary affected by the crisis.
Amendment 105 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
Article 13 a – paragraph 2
Article 13 a – paragraph 2
2. Where necessary, Member States may be supported by joint consular teams composed of experts from Member States, in particular from Member States not represented in the third country affected by the crisis, the EEAS and the Commission services. Joint consular teams shall be available for rapid deployment to third countries affected by a consular crisis. Participation in joint consular teams shall be volmandatory for Member States not represented in the third countary affected by the crisis.
Amendment 125 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/637
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
If an unrepresented citizen is unable to pay the costs referred to in paragraph 1 to the assisting Member State when making a request for assistance, the assisting Member State may require the unrepresented citizen to sign an undertaking to repay. On that basis, the assisting Member State may ask the unrepresented citizen concerned to pay such costs once four weekthree months have passed since the assistance was provided.
Amendment 125 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/637
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
If an unrepresented citizen is unable to pay the costs referred to in paragraph 1 to the assisting Member State when making a request for assistance, the assisting Member State may require the unrepresented citizen to sign an undertaking to repay. On that basis, the assisting Member State may ask the unrepresented citizen concerned to pay such costs once four weekthree months have passed since the assistance was provided.
Amendment 126 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/637
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Commission may adopt implementing acts establishing standard forms, available in all Member State languages in all consulates, to be used for the undertaking to repay referred to in paragraph 2 and for the repayment of the costs from the Member State of nationality referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15a(2).
Amendment 126 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/637
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Commission may adopt implementing acts establishing standard forms, available in all Member State languages in all consulates, to be used for the undertaking to repay referred to in paragraph 2 and for the repayment of the costs from the Member State of nationality referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15a(2).
Amendment 129 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a – paragraph 6
Article 16 a – paragraph 6
6. When processing the personal data referred to in paragraph 5, the competent authorities of the Member States and Union institutions and bodies shall ensure suitable and specific measures to safeguard data subjects’ interests. They shall also introduce internal policies and undertake necessary technical and organisational measures to prevent unauthorised access and transmission of such personal data. Access rights to the personal data referred to in paragraph 5 shall only be granted to personnel holding an EU Member State passport.
Amendment 129 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a – paragraph 6
Article 16 a – paragraph 6
6. When processing the personal data referred to in paragraph 5, the competent authorities of the Member States and Union institutions and bodies shall ensure suitable and specific measures to safeguard data subjects’ interests. They shall also introduce internal policies and undertake necessary technical and organisational measures to prevent unauthorised access and transmission of such personal data. Access rights to the personal data referred to in paragraph 5 shall only be granted to personnel holding an EU Member State passport.
Amendment 131 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a – paragraph 7 – subparagraph 1
Article 16 a – paragraph 7 – subparagraph 1
For the purposes of this Directive, the competent authorities of the Member States shall transfer personal data to a third country or international organisation only to carry out the tasks referred to in Article 9, Article 10 and Article 13a and in accordance with Chapter V of Regulation (EU) 2016/679. Personal data referred to in paragraph 5 shall be excluded from such transfer, unless the explicit prior consent of the Union citizen concerned has been obtained.
Amendment 131 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a – paragraph 7 – subparagraph 1
Article 16 a – paragraph 7 – subparagraph 1
For the purposes of this Directive, the competent authorities of the Member States shall transfer personal data to a third country or international organisation only to carry out the tasks referred to in Article 9, Article 10 and Article 13a and in accordance with Chapter V of Regulation (EU) 2016/679. Personal data referred to in paragraph 5 shall be excluded from such transfer, unless the explicit prior consent of the Union citizen concerned has been obtained.
Amendment 164 #
2023/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To achieve these goals, special emphasis with respect to investment areas should be placed on sectors that are likely to function as key multipliers for social and economic development and in order to reduce strategic dependencies: connectivity, including transport, energy, green and digital transitions, research and innovation, education and skills development, with particular attention to youth.
Amendment 164 #
2023/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To achieve these goals, special emphasis with respect to investment areas should be placed on sectors that are likely to function as key multipliers for social and economic development and in order to reduce strategic dependencies: connectivity, including transport, energy, green and digital transitions, research and innovation, education and skills development, with particular attention to youth.
Amendment 185 #
2023/0397(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The support under the Facility should be provided to meet general and specific objectives, based on established criteria and with clear payment conditions. The general objectives of the Facility should be to accelerate regional economic integration, progressive integration with the Union single market, socio-economic convergence of Western Balkans economies and alignment with Union values, laws, rules, standards, policies and practices with a view to future Union membership. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including rule of law, justice and Fundamental Rights, public procurement and State aid control, public finance management and fight against corruption. These objectives should be pursued in a mutually reinforcing manner.
Amendment 185 #
2023/0397(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The support under the Facility should be provided to meet general and specific objectives, based on established criteria and with clear payment conditions. The general objectives of the Facility should be to accelerate regional economic integration, progressive integration with the Union single market, socio-economic convergence of Western Balkans economies and alignment with Union values, laws, rules, standards, policies and practices with a view to future Union membership. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including rule of law, justice and Fundamental Rights, public procurement and State aid control, public finance management and fight against corruption. These objectives should be pursued in a mutually reinforcing manner.
Amendment 195 #
2023/0397(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The Facility should ensure consistency with, and support to the general objectives of Union external action as laid down in Article 21 of the Treaty on European Union, including the respect for fundamental rights as enshrined in the EU Charter of Fundamental Rights. It will notably ensure the protection and promotion of human rights including but not limited to the rights of minorities such as LGBTQ communities, and the rule of law.
Amendment 195 #
2023/0397(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The Facility should ensure consistency with, and support to the general objectives of Union external action as laid down in Article 21 of the Treaty on European Union, including the respect for fundamental rights as enshrined in the EU Charter of Fundamental Rights. It will notably ensure the protection and promotion of human rights including but not limited to the rights of minorities such as LGBTQ communities, and the rule of law.
Amendment 200 #
2023/0397(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Activities under the Facility should not question the sovereignty, unity and territorial integrity of Bosnia-and- Herzegovina.
Amendment 200 #
2023/0397(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Activities under the Facility should not question the sovereignty, unity and territorial integrity of Bosnia-and- Herzegovina.
Amendment 207 #
2023/0397(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The implementation of this Regulation should be guided by the principles of equality and non- discrimination, as elaborated in the Union of Equality strategies. It should promote and advance gender equality and mainstreaming, the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights, as well as prevent and combat violence against women and domestic violence, in line with the EU Gender Action Plans and relevant Council conclusions and international conventions. The implementation of the Facility should be in line with the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in its investments and technical assistance.
Amendment 207 #
2023/0397(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The implementation of this Regulation should be guided by the principles of equality and non- discrimination, as elaborated in the Union of Equality strategies. It should promote and advance gender equality and mainstreaming, the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights, as well as prevent and combat violence against women and domestic violence, in line with the EU Gender Action Plans and relevant Council conclusions and international conventions. The implementation of the Facility should be in line with the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in its investments and technical assistance.
Amendment 216 #
2023/0397(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute to increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies. The support under the Facility should be made available under the preconditions that each of the Beneficiaries continues to respect and improves, upholds effective democratic mechanisms and institutions, including a functioning multi-party parliamentary system, media freedom and the rule of law, and to guarantees respect for all human rights, including the rights of persons belonging to minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligat including but not limited to LGBTQ communities. Another pre-condition should be full alignment with the Union's stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relationcommon foreign and security policy, including adoption of restrictive measures against Russia as well as with EU visa requirements for third countries.
Amendment 216 #
2023/0397(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute to increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies. The support under the Facility should be made available under the preconditions that each of the Beneficiaries continues to respect and improves, upholds effective democratic mechanisms and institutions, including a functioning multi-party parliamentary system, media freedom and the rule of law, and to guarantees respect for all human rights, including the rights of persons belonging to minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligat including but not limited to LGBTQ communities. Another pre-condition should be full alignment with the Union's stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relationcommon foreign and security policy, including adoption of restrictive measures against Russia as well as with EU visa requirements for third countries.
Amendment 228 #
2023/0397(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations
Amendment 228 #
2023/0397(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations
Amendment 232 #
2023/0397(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The financial liability from loans under this Facility should not be supported by the External Action Guarantee, by way of derogation from Article 31(3), second sentence of Regulation (EU) 2021/947. Loans type of support under this Facility should constitute financial assistance within the meaning of Article 220(1) of Regulation (EU, Euratom) 2018/1046. An indicative amount of financing for each Beneficiary should be calculated based on the formula laid down in Annex I, combining the population share of a Beneficiary over the overall population of the Western Balkans region and the average GDP per capita for the Western Balkans region over the GDP per capita of the respective Beneficiary, weighing the two factors with 60% and 40% respectively. If the payment conditions for the release of funds are not met, the Commission may redistribute part of or the entire amount to other Beneficiaries, and if not used then the amount shall be returned to the European budget.
Amendment 232 #
2023/0397(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The financial liability from loans under this Facility should not be supported by the External Action Guarantee, by way of derogation from Article 31(3), second sentence of Regulation (EU) 2021/947. Loans type of support under this Facility should constitute financial assistance within the meaning of Article 220(1) of Regulation (EU, Euratom) 2018/1046. An indicative amount of financing for each Beneficiary should be calculated based on the formula laid down in Annex I, combining the population share of a Beneficiary over the overall population of the Western Balkans region and the average GDP per capita for the Western Balkans region over the GDP per capita of the respective Beneficiary, weighing the two factors with 60% and 40% respectively. If the payment conditions for the release of funds are not met, the Commission may redistribute part of or the entire amount to other Beneficiaries, and if not used then the amount shall be returned to the European budget.
Amendment 244 #
2023/0397(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Disbursement of Union support should be conditional on compliance with the payment conditions and on measurable progress in the implementation of reforms set out in the Reform Agendas assessed and formally approved by the Commission. The release of funds should be structured accordingly, reflecting the objectives of the Facility. The Commission should develop internal guidance for assessing the satisfactory fulfilment of the payment conditions defined in the Reform Agendas, as well as arrangements for partial release of funds. It should also clarify how any potential reversal of the conditions previously fulfilled should be assessed. The Commission should keep the Parliament informed on these proceedings.
Amendment 244 #
2023/0397(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Disbursement of Union support should be conditional on compliance with the payment conditions and on measurable progress in the implementation of reforms set out in the Reform Agendas assessed and formally approved by the Commission. The release of funds should be structured accordingly, reflecting the objectives of the Facility. The Commission should develop internal guidance for assessing the satisfactory fulfilment of the payment conditions defined in the Reform Agendas, as well as arrangements for partial release of funds. It should also clarify how any potential reversal of the conditions previously fulfilled should be assessed. The Commission should keep the Parliament informed on these proceedings.
Amendment 270 #
2023/0397(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) In order to maximise the leverage of Union financial support to attract additional investment, and to ensure EU control over the expenditure, the infrastructure investments supporting the Reform Agendas should be implemented through the WBIF. Individual projects or programmes should be submitted to the WBIF Operational Board for its opinion only upon completion of relevant payment conditions defined in the Reform Agendas. In case of non-fulfilment of relevant payment conditions for investments within one year, the Commission may redistribute the investment funding under the WBIF among the remaining Beneficiaries and if not used then the amount shall be reinvested in the European budget.
Amendment 270 #
2023/0397(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) In order to maximise the leverage of Union financial support to attract additional investment, and to ensure EU control over the expenditure, the infrastructure investments supporting the Reform Agendas should be implemented through the WBIF. Individual projects or programmes should be submitted to the WBIF Operational Board for its opinion only upon completion of relevant payment conditions defined in the Reform Agendas. In case of non-fulfilment of relevant payment conditions for investments within one year, the Commission may redistribute the investment funding under the WBIF among the remaining Beneficiaries and if not used then the amount shall be reinvested in the European budget.
Amendment 292 #
2023/0397(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Facility shall provide assistance to the Western Balkans for the delivery of socio-economic reforms aligned with EU values and investments to implement their respective Reform Agendas, as set out in Chapter III.
Amendment 292 #
2023/0397(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Facility shall provide assistance to the Western Balkans for the delivery of socio-economic reforms aligned with EU values and investments to implement their respective Reform Agendas, as set out in Chapter III.
Amendment 295 #
2023/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘Reform Agendas’ means a comprehensive package of a coherent and prioritised set of targeted reforms aligned with EU values and priority investment areas in each Beneficiary, including payment conditions that indicate satisfactory progress or completion of those measures, and an indicative timetable for the implementation of those measures.
Amendment 295 #
2023/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘Reform Agendas’ means a comprehensive package of a coherent and prioritised set of targeted reforms aligned with EU values and priority investment areas in each Beneficiary, including payment conditions that indicate satisfactory progress or completion of those measures, and an indicative timetable for the implementation of those measures.
Amendment 300 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) accelerate alignment with Union values, laws, rules, standards, policies and practices with a view to future Union membership
Amendment 300 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) accelerate alignment with Union values, laws, rules, standards, policies and practices with a view to future Union membership
Amendment 306 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) accelerate the transition of the Beneficiaries to sustainable, and inclusive economies, capable of withstanding competitive market pressures of the Union single market, and to a stable investment environment and reduce strategic dependencies;
Amendment 306 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) accelerate the transition of the Beneficiaries to sustainable, and inclusive economies, capable of withstanding competitive market pressures of the Union single market, and to a stable investment environment and reduce strategic dependencies;
Amendment 330 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) boost quality education, training, reskilling and upskilling, and employment policies, with particular emphasis on youth;
Amendment 330 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) boost quality education, training, reskilling and upskilling, and employment policies, with particular emphasis on youth;
Amendment 335 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) further strengthen the fundamentals of the enlargement process, including the rule of law, democracy, the respect of human rights and fundamental freedoms, through promoting an independent judiciary, reinforced security,strengthening democratic institutions, in particular national parliaments, as well as regional and municipal representative bodies, and their powers of oversight and inquiry over the distribution of and access to public funds, promoting an independent judiciary, reinforced security, including cybersecurity and resilience against disinformation, strengthening the fight against fraud, corruption, including high level corruption, organised crime and money laundering and terrorism financing, tax avoidance, tax evasion and tax fraud; compliance with international law; strengthen freedom and independence of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote gender equality, the overall empowerment of women and girls, non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to all minorities such as ethnic, religious, LGBTQ communities;
Amendment 335 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) further strengthen the fundamentals of the enlargement process, including the rule of law, democracy, the respect of human rights and fundamental freedoms, through promoting an independent judiciary, reinforced security,strengthening democratic institutions, in particular national parliaments, as well as regional and municipal representative bodies, and their powers of oversight and inquiry over the distribution of and access to public funds, promoting an independent judiciary, reinforced security, including cybersecurity and resilience against disinformation, strengthening the fight against fraud, corruption, including high level corruption, organised crime and money laundering and terrorism financing, tax avoidance, tax evasion and tax fraud; compliance with international law; strengthen freedom and independence of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote gender equality, the overall empowerment of women and girls, non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to all minorities such as ethnic, religious, LGBTQ communities;
Amendment 346 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) reinforce the effectiveness of public administration, ensure access to information and the participation of civil society in decision making processes and public scrutiny, and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid control; support initiatives and bodies involved in supporting and enforcing democracy, international justice and anti-corruption efforts in the Western Balkans Beneficiaries.
Amendment 346 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) reinforce the effectiveness of public administration, ensure access to information and the participation of civil society in decision making processes and public scrutiny, and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid control; support initiatives and bodies involved in supporting and enforcing democracy, international justice and anti-corruption efforts in the Western Balkans Beneficiaries.
Amendment 380 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Preconditions for the support under the Facility shall be that the Beneficiaries continue toimprove, uphold and respect effective democratic mechanisms, including a functioning multi- party parliamentary system, media freedom and the rule of law, and guarantee respect for all human rights obligations, including the rights of persons belonging to minorities. Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relation including but not limited to LGBTQ communities.
Amendment 380 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Preconditions for the support under the Facility shall be that the Beneficiaries continue toimprove, uphold and respect effective democratic mechanisms, including a functioning multi- party parliamentary system, media freedom and the rule of law, and guarantee respect for all human rights obligations, including the rights of persons belonging to minorities. Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relation including but not limited to LGBTQ communities.
Amendment 389 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1 (new)
Article 5 – paragraph 1 – point 1 (new)
(1) Another precondition shall be full alignment with the Union's common foreign and security policy, including adoption of restrictive measures against Russia as well as with EU visa requirements for third countries.
Amendment 389 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1 (new)
Article 5 – paragraph 1 – point 1 (new)
(1) Another precondition shall be full alignment with the Union's common foreign and security policy, including adoption of restrictive measures against Russia as well as with EU visa requirements for third countries.
Amendment 390 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 390 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 400 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall monitor the fulfilment of the preconditions set out in paragraph 1 before funds are released to Beneficiaries under the Facility and throughout the period of the support provided under the Facility taking duly into account the latest Enlargement Package. The Commission may adopt a decision concluding that some of these preconditions are not met, and in particular,such cases, shall withhold the release of funds referred to in Article 21, irrespective of the fulfilment of payment conditions referred to in Article 16(3).
Amendment 400 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall monitor the fulfilment of the preconditions set out in paragraph 1 before funds are released to Beneficiaries under the Facility and throughout the period of the support provided under the Facility taking duly into account the latest Enlargement Package. The Commission may adopt a decision concluding that some of these preconditions are not met, and in particular,such cases, shall withhold the release of funds referred to in Article 21, irrespective of the fulfilment of payment conditions referred to in Article 16(3).
Amendment 461 #
2023/0397(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Facility shall incentivise the implementation of the Reform Agenda of each Beneficiary by putting payment conditions on the release of funds. These payment conditions shall apply to funds under Article 6(2) point (a) and Article 6(3) and shall take the form of qualitative or quantitative steps. Such steps shall reflect progress on specific socio-economic reforms, including on fundamentals of the enlargement process and rule of law, EU values, rule of law, justice and fundamental rights, linked to the achievement of the different objectives of the Facility, set out in Article 3, consistent with the latest Enlargement Package.
Amendment 461 #
2023/0397(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Facility shall incentivise the implementation of the Reform Agenda of each Beneficiary by putting payment conditions on the release of funds. These payment conditions shall apply to funds under Article 6(2) point (a) and Article 6(3) and shall take the form of qualitative or quantitative steps. Such steps shall reflect progress on specific socio-economic reforms, including on fundamentals of the enlargement process and rule of law, EU values, rule of law, justice and fundamental rights, linked to the achievement of the different objectives of the Facility, set out in Article 3, consistent with the latest Enlargement Package.
Amendment 463 #
2023/0397(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 (new)
Article 12 – paragraph 2 – subparagraph 1 (new)
Funds under the Facility will not support activities or measures which could compromise the sovereignty, unity and territorial integrity of Bosnia and Herzegovina.
Amendment 463 #
2023/0397(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 (new)
Article 12 – paragraph 2 – subparagraph 1 (new)
Funds under the Facility will not support activities or measures which could compromise the sovereignty, unity and territorial integrity of Bosnia and Herzegovina.
Amendment 464 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) measures constituting a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms, investments, the fight against fraud, corruption and organised crime and measures to ensure compliance with preconditions if appropriate;
Amendment 464 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) measures constituting a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms, investments, the fight against fraud, corruption and organised crime and measures to ensure compliance with preconditions if appropriate;
Amendment 493 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) whether the Reform Agenda can be expected to accelerate the transition of the Beneficiaries towards sustainable, climate- neutral and climate resilient and inclusive economies by improving regional connectivity, making progress on the twin transition of green and digital, including biodiversity, and boostingreducing strategic dependencies and boosting research and innovation, education and skills and the wider labour market, with particular attention on youth;
Amendment 493 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) whether the Reform Agenda can be expected to accelerate the transition of the Beneficiaries towards sustainable, climate- neutral and climate resilient and inclusive economies by improving regional connectivity, making progress on the twin transition of green and digital, including biodiversity, and boostingreducing strategic dependencies and boosting research and innovation, education and skills and the wider labour market, with particular attention on youth;
Amendment 31 #
2023/0288(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 b) Limiting the additional burden on enterprises should be at the center of this Regulation. The Commission and Member States, in all their actions connected to this Regulation, should focus on the objective of “One in, two out” in regard to reporting obligations and commit to more efficient use of data. The collection of additional data should happen exclusively on a need-to-know basis to achieve the core aims of this Regulation, as opposed to a want-to-know approach, which would have significant impact on the productivity and competitiveness of European SMEs.
Amendment 32 #
2023/0288(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) To limit the burden on enterprises, in particular on SMEs, the national statistical authorities should first consider administrative and innovative sources, the main aim of which is not the provision of statistics, as a substitute for or a complement to statistical surveys, subject to the quality requirements for official statistics. The latest technological and digital developments can contribute to this objectivother data sources already available to national, regional or local authorities for the provision of labour market statistics, before establishing additional reporting requirements and thereby a burden on Union enterprises. The latest technological and digital developments can contribute to this objective. Member States should conduct efforts to ensure relevant data is adequately shared between authorities to ensure the reporting burden for enterprises is as small as possible.
Amendment 44 #
2023/0288(COD)
Proposal for a regulation
Article 3 – paragraph 1a (new)
Article 3 – paragraph 1a (new)
1 a. Member States shall ensure relevant data from national, regional or local records are shared with national statistical authorities in full compliance with applicable data protection laws to achieve the aims laid out in this Regulation and to reduce bureaucratic burden on enterprises. Member States shall only conduct surveys after they have conducted reasonable efforts to achieve the objective laid out in the previous subparagraph.
Amendment 52 #
2023/0288(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 53 #
2023/0288(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 57 #
2023/0288(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) by Member States whose annual number of employees represents more than 3% of the EU total, for each of the 3 latest consecutive years; and
Amendment 58 #
2023/0288(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 59 #
2023/0288(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 60 #
2023/0288(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) they have 10 or more full-time equivalents of employees.
Amendment 61 #
2023/0288(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point b
Article 6 – paragraph 3 – subparagraph 1 – point b
(b) they have 10 or more full-time equivalents employees.
Amendment 62 #
2023/0288(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point b
Article 6 – paragraph 5 – point b
(b) they are part of enterprises with 120 or more employees.
Amendment 64 #
2023/0288(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 66 #
2023/0288(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure the quality of the data and metadata transmitted. Member States shall ensure that this obligation does not increase administrative burden on enterprises.
Amendment 71 #
2023/0288(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The results of those studies shall be evaluated by the Commission (Eurostat) in cooperation with Member States and the main stakeholders, including social partners. The Commission (Eurostat) shall prepare reports on the findings of the studies in cooperation with the Member States.
Amendment 74 #
2023/0288(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – 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 social partners.
Amendment 220 #
2023/0212(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) The digital euro should therefore be designed so as to minimise the processing of personal data by payment service providers and by the European Central Bank to what is necessary to ensure the proper functioning of the digital euro. The digital euro should be available offline, with a level of privacy vis a vis payment service providers which is comparable to withdrawals of banknotes at automatic teller machines. The settlement of digital euro transactions should be designed in such a way that neither the European Central Bank nor national central banks can attribute data to an identified or identifiable digital euro user. Payments with the digital euro should have a level of privacy vis-á-vis the payment service provider that is comparable to that for cash withdrawals from ATMs.
Amendment 220 #
2023/0212(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) The digital euro should therefore be designed so as to minimise the processing of personal data by payment service providers and by the European Central Bank to what is necessary to ensure the proper functioning of the digital euro. The digital euro should be available offline, with a level of privacy vis a vis payment service providers which is comparable to withdrawals of banknotes at automatic teller machines. The settlement of digital euro transactions should be designed in such a way that neither the European Central Bank nor national central banks can attribute data to an identified or identifiable digital euro user. Payments with the digital euro should have a level of privacy vis-á-vis the payment service provider that is comparable to that for cash withdrawals from ATMs.
Amendment 253 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
15. ‘offline digital euro payment transaction’ means a digital euro payment transaction, made in physical proximity, where authorisation and settlement take place exclusively in the local storage devices of both payer and payee;
Amendment 253 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
15. ‘offline digital euro payment transaction’ means a digital euro payment transaction, made in physical proximity, where authorisation and settlement take place exclusively in the local storage devices of both payer and payee;
Amendment 293 #
2023/0212(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
(1) The digital euro - in addition to cash - shall have legal tender status.
Amendment 293 #
2023/0212(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
(1) The digital euro - in addition to cash - shall have legal tender status.
Amendment 334 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
For the purpose of points (a) and (b), and upon explicit prior approval by the respective individual digital euro users, payment service providers shall link each digital euro payment account to a single non-digital euro payment account designated by the digital euro users. Digital euro users shall be allowed to have that designated non-digital euro payment account with a different payment service provider than the one where a given digital euro payment account is held.
Amendment 334 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
For the purpose of points (a) and (b), and upon explicit prior approval by the respective individual digital euro users, payment service providers shall link each digital euro payment account to a single non-digital euro payment account designated by the digital euro users. Digital euro users shall be allowed to have that designated non-digital euro payment account with a different payment service provider than the one where a given digital euro payment account is held.
Amendment 361 #
2023/0212(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) provide basic digital payment services and provide digital inclusion support provided face-to-face in physical proximity to persons with disabilities, functional limitations or limited digital skills, and elderly peopl regardless of their age.
Amendment 361 #
2023/0212(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) provide basic digital payment services and provide digital inclusion support provided face-to-face in physical proximity to persons with disabilities, functional limitations or limited digital skills, and elderly peopl regardless of their age.
Amendment 434 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For the purpose of Article 15(2), without prejudice to any possible fees charged on other digital euro payment services, payment services providers shall not charge fees to natural persons as referred to in Article 13(1), points (a), (b) and (c), for the provision of the basic digital euro payment services referred to in Annex 2, (a) to (c) and (e) to (g). For the purpose of Annex II, point (d), payment service providers may charge a reasonable fee. For natural persons which also hold a non-digital euro payment account with the same payment service provider, this reasonable fee shall not be higher than the lowest fee charged by PSPs to that natural person for cash deposit/withdrawal services connected to the non-digital euro payment account.
Amendment 434 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For the purpose of Article 15(2), without prejudice to any possible fees charged on other digital euro payment services, payment services providers shall not charge fees to natural persons as referred to in Article 13(1), points (a), (b) and (c), for the provision of the basic digital euro payment services referred to in Annex 2, (a) to (c) and (e) to (g). For the purpose of Annex II, point (d), payment service providers may charge a reasonable fee. For natural persons which also hold a non-digital euro payment account with the same payment service provider, this reasonable fee shall not be higher than the lowest fee charged by PSPs to that natural person for cash deposit/withdrawal services connected to the non-digital euro payment account.
Amendment 562 #
2023/0212(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Front-end services provided by the European Central bank referred to in paragraph 1, point (b), shall not provide for customer relationships, that shall solely be provided by payment service providers in their role in the digital euro distribution as laid down in Article 13 and under Directive 2015/2366. The European Central Bank shall not have access to any personal data in relation to the front-end services developed by the European Central Bank and used by the payment services providers. To that extent, the European Central Bank shall ensure that any front- end services it develops are implementable by payment service providers and usable by digital euro users without requiring any transfer of personal data to the European Central Bank or intermediary services provided by the European Central Bank.
Amendment 562 #
2023/0212(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Front-end services provided by the European Central bank referred to in paragraph 1, point (b), shall not provide for customer relationships, that shall solely be provided by payment service providers in their role in the digital euro distribution as laid down in Article 13 and under Directive 2015/2366. The European Central Bank shall not have access to any personal data in relation to the front-end services developed by the European Central Bank and used by the payment services providers. To that extent, the European Central Bank shall ensure that any front- end services it develops are implementable by payment service providers and usable by digital euro users without requiring any transfer of personal data to the European Central Bank or intermediary services provided by the European Central Bank.
Amendment 578 #
2023/0212(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Payment service providers shall enable digital euro users at their request to switch their digital euro payment accounts free of charge to other payment service providers while maintaining the same account identifiers.
Amendment 578 #
2023/0212(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Payment service providers shall enable digital euro users at their request to switch their digital euro payment accounts free of charge to other payment service providers while maintaining the same account identifiers.
Amendment 604 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Amendment 604 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Amendment 612 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 612 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 623 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
Amendment 623 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
Amendment 636 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Transaction data shall not be collected or retained by payment service providers or by the European central banks and the national central banks.
Amendment 636 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Transaction data shall not be collected or retained by payment service providers or by the European central banks and the national central banks.
Amendment 52 #
2023/0208(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 71 #
2023/0208(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
Article 5 – paragraph 1 – subparagraph 1 – point b
(b) where, prior to the payment, the payee has agreed withreceived explicit agreement of the payer on a different means of payment.
Amendment 85 #
2023/0208(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Article 4 is without prejudice to actions taken by the payer or the payee in order to comply with Union law on the prevention of money laundering and terrorist financing.
Amendment 91 #
2023/0208(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Prohibition of unilateral exclusions of payments in cash Payees subject to the obligation to accept euro banknotes and coins shall not use contractual terms that have not been individually negotiated or commercial practices which have the object or the effect of excluding the use of euro banknotes and coins by payers of monetary debts denominated in euro. Such contractual terms or commercial practices shall not be binding on the payer. A contractual term shall be regarded as not having been individually negotiated where it has been drafted in advance and where the payer has therefore not been able to influence the substance of the term, particularly in the context of a pre-formulated standard form contract.
Amendment 95 #
2023/0208(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 164 #
2023/0208(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall provide natural persons and enterprises with clear information on the channels and effective remedies they have at their disposal to lodge complaints with competent national authorities about cases of unlawful refusal to accept cash and insufficient and ineffective access to cash. To that extent, Member States shall set up a website that provides information and a possibility to lodge complaints. The website shall be accessible by the public free of charge and shall not require the provision of personal information (free-access website).
Amendment 21 #
2015/0270(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Although Directive 2014/49/EU significantly improves the capacity of national schemes to compensate depositors, more efficient deposit guarantee arrangements are needed at the level of the Banking Union to ensure sufficient financial means to underpin the confidence of all depositors and thereby safeguard financial stability. EDIS would increase the resilience of the Banking Union against future crises by sharing risk more widely and would offer equal protection for insured depositors, supporting the proper functioning of the internal market. In order to limit the risk born by deposit holders, any form of EDIS should be linked to concrete risk-reducing measures such as the introduction of risk-weighted capital requirements to sovereign exposure;
Amendment 33 #
2015/0270(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The scope of EDIS should not, at any time, cover entities that are members of institutional protection schemes as referred to in Article 113(7) of Regulation 575/2013. Including IPS within the scope of EDIS could lead to conflicts and legal uncertainty as regards contractual obligations of respective entities. Additionally, any new Union legislation should respect the integrity of systems that function without Union intervention.
Amendment 112 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 806/2014
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Any institution that falls within the scope of Article 113(7) of Regulation (EU) No 575/2013 (Capital Requirements Regulation) shall be excluded from the scope of this Regulation.
Amendment 313 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 39 a (new)
Article 1 – paragraph 1 – point 39 a (new)
Regulation (EU) No 806/2014
Article 94 – paragraph 3 a (new)
Article 94 – paragraph 3 a (new)
39a. in Article 94, the following paragraph is added: ‘3a. By 31 December eight years after entry into force of this amending Regulation the Commission shall review the functioning of EDIS I. The review shall be limited to the following: (a) the adequacy of funding mechanism and target level of EDIS I and the cases of use of the liquidity mechanism; (b) the appropriateness of an extension of EDIS I from providing liquidity support to deposit insurance mechanisms. (c) the appropriateness of introducing a publicly funded backstop mechanism or the DIF. The Commission shall submit a report to the European Parliament and the Council. Where appropriate the review shall be accompanied with a legislative proposal. The review shall not assess the scope of measures financed by EDIS I under article 41a and the entities referred to in Article 2(2), point (b)';