### 12. underlines the need to protect , support and ensure reparation for victims of gender-based cyberviolence; ### 12. underlines the need to protect , empower , support and ensure reparation for victims of gender-based cyberviolence; calls on the member states to ensure quality training for practitioners and other professionals , including for social services staff , law enforcement officers and justice officials , in cooperation with civil society organizations , to increase the resources to support victims of gender-based cyberviolence and to establish a clear protocol to aid victims of gender-based cyberviolence , as well as to avoid re-victimization; further calls on the member states to ensure that the training for all practitioners includes a gender-responsive approach;


### 16. requests that the commission submit , without undue delay , on the basis of article 83(1) , first subparagraph , tfeu , a proposal for an act establishing measures to combat gender-based cyberviolence following , the recommendations set out in the annex hereto; indicates that that proposal should not undermine the efforts to identify gender-based violence as a new area of particularly serious crime with a cross-border dimension pursuant to article 83(1) , third subparagraph , tfeu or any derivative legal acts on gender-based violence as requested by parliament in its previous calls; ### 16. requests that the commission submit , without undue delay , on the basis of article 83(1) , first subparagraph , tfeu , a proposal for an act that includes measures to combat gender-based cyberviolence following , the recommendations set out in the annex hereto; indicates that that proposal should not undermine the efforts to identify gender-based violence as a new area of particularly serious crime with a cross-border dimension pursuant to article 83(1) , third subparagraph , tfeu and a holistic directive to prevent and combat gender-based violence , both online and offline , as requested by parliament in its previous calls;


### the objective of the directive should be to establish minimum rules concerning the definition of the crime of gender-based cyberviolence and related sanctions , to establish measures to promote and support the action of member states in the field of prevention of that crime and measures to protect , support and ensure reparation for the victims. ### the objective of this proposal is to include in the upcoming directive on combating gender-based violence minimum rules concerning the definition of the crime of gender-based cyberviolence and related sanctions , to establish measures to promote and support the action of member states in the field of prevention of that crime and measures to protect , support and ensure reparation for the victims.


### aside from that , measures that aim to prevent gender-based cyberviolence and to assist victims could be established on the basis of article 83(1) tfeu because they are accessory to the main objective of the directive. ### aside from that , measures that aim to prevent gender-based cyberviolence and to protect and support victims could be established on the basis of article 83(1) tfeu because they are accessory to the main objective of the directive.


### the scope should cover any form of gender-based violence committed , assisted or aggravated in part or fully by the use of ict , such as mobile phones and smartphones , the internet , social media platforms or email , against a woman because she is a woman , or affects women disproportionately. ### the scope should cover any form of gender-based violence committed , assisted or aggravated in part or fully by the use of ict , such as mobile phones and smartphones , the internet , social media platforms or email , against a woman because she is a woman , or affects women disproportionately. the scope should encompass gender-based violence against lgbtiq persons , who are targeted because of their gender , gender identity , gender expression or sex characteristics.


### the scope should cover any form of gender-based violence committed , assisted or aggravated in part or fully by the use of ict , such as mobile phones and smartphones , the internet , social media platforms or email , against a woman because she is a woman , or affects women disproportionately. ### the scope should cover any form of gender-based violence committed , assisted or aggravated in part or fully by the use of ict , such as mobile phones and smartphones , the internet , social media platforms or email , against a woman because she is a woman , or affects women disproportionately or against lgbti people on the grounds of gender identity , gender expression or sex characteristics.


### although it is not possible to present an exhaustive typology of the different forms of gender-based cyberviolence because it is constantly evolving and new forms are emerging , the following types should be mentioned and defined: ### although it is not possible to present an exhaustive typology of the different forms of gender-based cyberviolence that affect women and lgbti people on the grounds of gender identity , gender expression or sex characteristics , because it is constantly evolving and new forms are emerging , the following types should be mentioned and defined:


### - ict-related violations of privacy (including the accessing , sharing and manipulation of private data or images , including intimate data without consent , image-based sexual abuse and non-consensual disclosure of sexual images , doxxing , identity theft); ### - ict-related violations of privacy (including the accessing , sharing , creation and manipulation of private data or images , specifically including image-based sexual abuse , which refers to the non-consensual creation and/or distribution of private sexual images , doxxing and identity theft);


### - ict-related violations of privacy (including the accessing , sharing and manipulation of private data or images , including intimate data without consent , image-based sexual abuse and non-consensual disclosure of sexual images , doxxing , identity theft); ### - ict-related violations of privacy (including the accessing , sharing and manipulation of private data or images , including intimate data without consent , image-based sexual abuse and non-consensual disclosure of sexual images , doxxing , dead-naming , identity theft);


### - threats (including direct threats and threats of violence , extortion , sextortion , blackmail); ### - threats (including direct threats , threats of and calls to violence , such as rape threats , extortion , sextortion , blackmail);


### - sexist hate speech (including: posting and sharing violent content , use of sexist or gendered comments and insults , abusing women for expressing their own views and for turning away sexual advances); ### - sexist , transphobic or interphobic hate speech (including: posting and sharing violent content , use of sexist or gendered comments and insults , abusing women for expressing their own views and for turning away sexual advances , inciting to hatred against individuals on grounds of their gender identity , expression or sex characteristics);


### - sexist hate speech (including: posting and sharing violent content , use of sexist or gendered comments and insults , abusing women for expressing their own views and for turning away sexual advances); ### - hate speech (posting and sharing content inciting to violence or hatred directed against women or lgbti people on the grounds of their gender identity , gender expression or sex characteristics);


### - direct violence. ### deleted


### the personal scope of the proposal should cover all victims of gender-based cyberviolence , with a specific recognition of intersectional forms of discrimination and victims participating in public life. ### the personal scope of the proposal should cover all victims of gender-based cyberviolence , with a specific recognition of intersectional forms of discrimination and victims participating in public life , which include the following:


### member states should implement a series of measures in order to prevent gender-based cyberviolence: ### member states should implement a series of measures in order to prevent gender-based cyberviolence , having an intersectional approach:


### - awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence , within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender stereotypes , while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet; ### - awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence , within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender stereotypes , while promoting responsible behaviour in the online space , with special regard to social media platforms , and increasing literacy about the safe use of the internet;


### - awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence , within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender stereotypes , while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet; ### - awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence , within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender norms and stereotypes , while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet;


### - research on gender-based cyberviolence (causes , prevalence , impact); ### - research on gender-based cyberviolence (including causes , prevalence , impact , victims , perpetrators , manifestations , channels and need for support services) , including studies and adjustment of crime statistics of gender based cyberviolence to derive legislative and non-legislative needs. research on gender-based cyberviolence should include data collection that is disaggregated , intersectional in perspective and holistic in scope


### - digital education , literacy and skills , including in the school curricula , in order to promote an enhanced understanding of digital technologies and the empowerment of users , to improve digital inclusion , to ensure the respect for fundamental rights , to eliminate any gender inequality in access to technologies and to ensure gender diversity in the technology sector , particularly in the development of new technologies; ### - mainstream digital education , literacy and skills , including in the school curricula , in order to promote an enhanced understanding of digital technologies and the empowerment of users , to improve digital inclusion , to ensure the respect for fundamental rights , to eliminate any gender inequality in access to technologies and to ensure gender diversity in the technology sector , particularly in the development of new technologies;


### - support to civil society organisations working in the field of prevention of gender-based violence , ### - support to civil society organisations working in the field of prevention of gender-based violence , including by providing financing support , as well as recognition of these organisations by ensuring that victims are referred to these by authorities and law enforcement.


### - promotion of focused training for practitioners and other professionals , including in social services and law enforcement agencies; ### - promotion of focused and continuous training for practitioners and other professionals , including social services staff , law enforcement officers , justice officials and other relevant actors to ensure that the causes and impacts of gender-based cyberviolence are understood and victims are treated appropriatedly , and ensure that training for all practitioners has a gender-responsive approach.


### recommendation 4 on protection of , support to and compensation of victims ### recommendation 4 on protection of , support to and reparation of victims


### - promote specific training for practitioners and professionals dealing with victims of gender-based cyberviolence , including law enforcement authorities , social , child and healthcare staff , and members of the judiciary; union-wide training programmes could be implemented in the framework of the justice and the citizens , equality , rights and values programmes; in particular , emphasis should be given to secondary victimisation and how to avoid it , to the dual dimension of gender-based violence (online/offline) and to intersectional discrimination; ### - promote mandatory specific and continuous training for practitioners and professionals dealing with victims of gender-based cyberviolence , including law enforcement authorities , social , child and healthcare staff , criminal justice actors and members of the judiciary; union-wide training programmes could be implemented in the framework of the justice and the citizens , equality , rights and values programmes; in particular , emphasis should be given to secondary victimisation and how to avoid it , to the dual dimension of gender-based violence (online/offline) and to intersectional discrimination , as well as to the assistance of victims with special needs;


### - facilitating access to information and developing specific services for victims of cyberviolence (helplines , shelters); ### - facilitate access to information in a language that the victim can understand , particularly on the legal avenues and support services , and developing specific services for victims of cyberviolence (helplines , shelters);


### - facilitating reports by victims , allowing them to obtain protection orders , and developing redress mechanisms with adequate compensation measures; ### - facilitate reports by victims , allowing them to obtain protection orders , and developing redress mechanisms with adequate reparation measures;


### - developing cooperation mechanisms between relevant actors , such as the judiciary , public prosecutors , law enforcement agencies , local and regional authorities and csos. ### - develop cooperation mechanisms between relevant actors , such as social services , the judiciary , public prosecutors , law enforcement agencies , local and regional authorities and csos.


### - aggravating circumstances , depending on the profile of the women and girl victims (exploiting specific characteristics , vulnerabilities of women and girls online); ### - aggravating circumstances , depending on the profile of the victim;


### - aggravating circumstances , depending on the profile of the women and girl victims (exploiting specific characteristics , vulnerabilities of women and girls online); ### - aggravating circumstances , depending on the profile of the women , girls and lgbti victims (exploiting specific characteristics , vulnerabilities of women , girls and lgbti persons online);


### - a victim-centred and intersectional approach. ### - all actions should be victim-centred and have an intersectional approach.


### the commission and member states should collect and publish disaggregated and comparable data on gender-based cyberviolence , in particular on the different forms of gender-based cyberviolence , not only based on law enforcement reports but also on women’s experiences. ### commission and member states should regularly collect and publish comprehensive disaggregated and comparable data on gender-based cyber violence , thus here on the different forms of gender-based cyberviolence , not only on the basis of the law enforcement reports or csos , but also of victims’ experiences. member states’ data should be made available through the gender statistics database (eige) and should ensure to make the best use of eige’s capacities and resources in collecting data on gender-based cyberviolence.


### the commission and member states should collect and publish disaggregated and comparable data on gender-based cyberviolence , in particular on the different forms of gender-based cyberviolence , not only based on law enforcement reports but also on women’s experiences. ### the commission and member states should collect and publish disaggregated and comparable data on gender-based cyberviolence , in particular on the different forms of gender-based cyberviolence , not only based on law enforcement reports but also on the experiences of women and lgbti persons.


### — having regard to the international labour organization (ilo) conventions and recommendations , and in particular c189 domestic workers convention of 2011 , ### — having regard to the international labour organization (ilo) conventions and recommendations , and in particular c189 domestic workers convention of 2011 , c149 nursing personnel convention of 1977 , c183 maternity protection convention of 2000 and c190 violence and harassment convention of 2019 ,


### — having regard to the international labour organization (ilo) conventions and recommendations , and in particular c189 domestic workers convention of 2011 , ### — having regard to the international labour organization (ilo) conventions and recommendations , and in particular c189 domestic workers convention of 2011 , ilo convention c190 on violence and harassment of 2019 and ilo maternity protection convention , 2000 (no. 183) ,


### b. whereas care encompasses services to address the physical , psychological and social needs of dependents , as well as support to guarantee the equal exercise of rights , dignity , autonomy , inclusion and well-being for all members of society; ### b. whereas care encompasses services to address the physical , psychological and social , personal and household needs of families and individuals; whereas care should be recognised as a right , with , guarantee to the equal exercise of rights , dignity , autonomy , inclusion and well-being for all members of society;


### b. whereas care encompasses services to address the physical , psychological and social needs of dependents , as well as support to guarantee the equal exercise of rights , dignity , autonomy , inclusion and well-being for all members of society; ### b. whereas care encompasses services to address the physical , psychological and social , personal and household needs of dependents , as well as support to guarantee the equal exercise of rights , dignity , autonomy , inclusion and well-being for all members of society;


### c. whereas the stigma surrounding dependence and the need for care and support intersects with other grounds of discrimination; ### c. whereas the stigma surrounding dependence prevails in all member states; whereas this stigma and the need for care and support intersects with other grounds of discrimination and aggravate the risk of poverty or social exclusion;


### d. whereas there is a lack of quality , accessible and affordable care in nearly all member states; whereas the monitoring of care is hampered by the lack of disaggregated data and the lack of quality indicators; ### d. whereas there is a lack of quality , universally accessible and affordable care in nearly all member states; whereas the monitoring of care is hampered by the lack of disaggregated data and the lack of quality indicators;


### e. whereas the covid-19 pandemic has exacerbated the existing challenges in terms of access to formal care services; ### e. whereas the covid-19 pandemic has exacerbated the existing inequalities and challenges in terms of access to formal care services and has revealed the fragility of care work arrangements , societies dependence on unpaid care and the disproportionate reliance on women and girls; whereas this pandemic has even further increased predominantly women's participation in unpaid care at the cost of participating in paid employment;


### f. whereas the provision of quality care depends on the existence of a sufficiently large and well-trained workforce , the creation of decent working conditions and integrated services , and adequate funding; ### f. whereas the provision of quality paid care depends on the existence of a sufficiently large and well-trained workforce , working under the creation of decent working conditions , and integrated services , which require adequate public funding; whereas a greater global investment in care could create almost 300 million care related jobs by 2035 , according to a new international labour organization (ilo) report1a;


### f. whereas the provision of quality care depends on the existence of a sufficiently large and well-trained workforce , the creation of decent working conditions and integrated services , and adequate funding; ### f. whereas the provision of quality care depends on the existence of safe staffing levels and a large and well-trained workforce , the creation of decent working conditions and integrated services , and adequate funding;


### g. whereas the structures of care need to be changed from centralised institutions to community-based care; whereas that shift has been too slow; ### g. whereas the structures of care need to be changed from centralised institutions to home and community-based care; whereas that shift has been too slow;


### h. whereas the undervaluation and invisibility of care work are closely linked with the fact that women dominate in the care sector; ### h. whereas the undervaluation and invisibility of care work are closely linked with the prevailing gender roles and norms that care and domestic work are still primarily provided by women; whereas the long and deep undervaluing of the contribution of family carers has resulted in an undervaluing of formal care-work;


### 2. stresses the importance of an integrated approach to common european action on care that pays equal attention to people’s physical , psychological and social needs; ### 2. stresses the importance of an integrated approach to common european action on care that pays equal attention to people’s physical , psychological and social , personal and household needs and that takes into account the intersecting forms of discrimination that people with disabilities and with care needs can face;


### 3. highlights the need to increase funding for both formal and informal care across the eu to guarantee equal access for dependants to affordable quality care services , as well as an active professional life for carers , and therefore calls on the member states to make the best use of the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care; ### 3. calls for a dedicated investment package to promote the eu care economy; highlights the need to increase public funding for both care across the eu to guarantee equal access for dependants to universal quality care services , as well as the right of care workers to decent work and living wages , and therefore calls on the member states to earmark and significantly increase investment in care by using the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care; calls once again for the development of gender budgeting tools in the mff and related programmes that allow to track down the specific funding allocated to promote gender equality;


### 3. highlights the need to increase funding for both formal and informal care across the eu to guarantee equal access for dependants to affordable quality care services , as well as an active professional life for carers , and therefore calls on the member states to make the best use of the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care; ### 3. calls for a specific and increased eu investment package dedicated to promote the care economy; highlights the need to increase public funding for care across the eu to guarantee equal access for families and individuals to universal quality care services , and therefore calls on the member states to earmark and significantly increase the care investment made through the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility;


### (52) in implementing this directive member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of micro , small and medium-sized enterprises. member states are therefore invited to assess the impact of their transposition act , on small and medium-sized enterprises in order to ensure that they are not disproportionately affected , giving specific attention to micro-enterprises , to alleviate the administrative burden , and to publish the results of such assessments. ### (52) member states are invited to assess the impact of their transposition act , on micro , small and medium-sized enterprises in order to ensure its proper implementation while providing necessary support to alleviate the administrative burden , and to publish the results of such assessments. member states should also include an assessment on the impact of the directive on female dominated sectors.


### 2. this directive applies to all workers who have an employment contract or employment relationship as defined by law , collective agreements and/or practice in force in each member state with consideration to the case-law of the court of justice. ### 2. this directive applies to all workers who work in the union or are working for an employer based in a member state , and who have an employment contractor employment relationship as defined by law , collective agreements and/or practice in force in each member state including non-standard contracts such as part-time workers , workers on fixed-term contracts and persons with a contract of employment or with an employment relationship with a temporary agency with consideration to the case-law of the court of justice.


### 2. member states shall take the necessary measures ensuring that tools or methodologies are established to assess and compare the value of work in line with the criteria set out in this article. these tools or methodologies may include gender-neutral job evaluation and classification systems. ### 2. member states shall take the necessary measures , after consulting the social partners and the equality bodies , to ensure that tools or methodologies are established and are easily accessible to workers and employers for the purpose of assessing and comparing the value of work in accordance with the criteria set out in this article and to encourage the use of such tools or methodologies to determine pay levels. these tools or methodologies shall be established with the involvement of the social partners , and the worker’s representatives , or in the absence thereof , the workers concerned shall be involved in the process and be given access to all relevant information. these tools shall include gender-neutral job evaluation and classification systems.


### 3. the tools or methodologies shall allow assessing , in regard to the value of work , whether workers are in a comparable situation , on the basis of objective criteria which shall include educational , professional and training requirements , skills , effort and responsibility , work undertaken and the nature of the tasks involved. they shall not contain or be based on criteria which are based , whether directly or indirectly , on workers’ sex. ### 3. the tools or methodologies referred to in paragraph 2 shall allow assessing , in regard to the value of work , whether workers are in a comparable situation , on the basis of objective , gender neutral criteria. these gender neutral criteria shall be agreed with the social partners and shall cover at least the following:


### 4. whenever differences in pay can be attributed to a single source establishing the pay conditions , the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. the assessment shall also not be limited to workers employed at the same time as the worker concerned. where no real comparator can be established , a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted. ### 4. where differences in pay can be attributed to a single source establishing the pay conditions , the assessment whether workers are performing the same work or work of equal value shall not be limited to situations in which workers of a different gender work for the same employer but may be extended to that single source and allow cross-sector comparisons. the assessment shall not be limited to workers employed at the same time , in the same sector or by the same employer as the worker concerned. where no real comparator can be established , a comparison with a hypothetical comparator , on the basis of the criteria referred to in paragraph 3 , or the use of other evidence allowing to presume alleged discrimination shall be permitted. the hypothetical comparator shall facilitate cross-sectoral comparisons.


### 5. where a job evaluation and classification system is used for determining pay , it shall be based on the same criteria for both men and women and drawn up so as to exclude any discrimination on grounds of sex. ### 5. member states shall ensure that employers and the social partners are provided with the necessary tools and guidance to introduce gender-neutral job evaluation and classification systems for determining pay. such job evaluation and classification systems shall be based on gender-neutral criteria drawn up so as to exclude any form of discrimination , and to ensure that skills associated with female- dominated jobs are not undervalued.


### 1. applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range , based on objective , gender-neutral criteria , to be attributed for the position concerned. such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having to request it. ### 1. applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or range of an advertised position , based on objective , gender-neutral criteria. such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having to request it. the applicant for employment shall , upon request , receive information on the average pay level for categories of workers performing the same work as the advertised position or work of equal value to that position and the objective , gender-neutral criteria on which the average pay level is based , prior to the job interview.


### the employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for workers. these criteria shall be gender-neutral. ### the employer shall make easily accessible to its workers and workers’ representatives , a description of the criteria used to determine pay levels and career progression for workers , including all elements of pay that comprise wages or salary and all other benefits paid directly or indirectly in cash or in kind by the employer to the worker. these criteria shall be gender-neutral and in line with the criteria laid down in article 4.


### 1. workers shall have the right to receive information on their individual pay level and the average pay levels , broken down by sex , for categories of workers doing the same work as them or work of equal value to theirs , in accordance with paragraphs 3 and 4. ### 1. workers shall have the right to receive clear and complete information on their individual pay level and the average pay levels , broken down by gender , for categories of workers performing the same work as them or work of equal value to theirs , as well as the gender pay gap and median gender pay gap between workers employed by the same employer in accordance with paragraphs 3 and 4. employers shall provide workers , on request , with information on the methodology used for determining pay levels and pay for each category of worker , including any job evaluation or classification system , as well as the gender pay gap of the employer as a whole.


### 1. employers with at least 250 workers shall provide the following information concerning their organisation , in accordance with paragraphs 2 , 3 , and 5: ### 1. employers shall provide the following information concerning their organisation , in accordance with paragraphs 2 , 3 , and 5:


### 3. the employer shall publish the information referred to in paragraph 1 , points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. the information from the previous four years , if available , shall also be accessible upon request. in addition , the employer shall share this information with the monitoring body referred to in paragraph 6. ### 3. the employer shall publish the information referred to in paragraph 1 on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available and accessible to persons with disabilities in accordance with directive(eu) 2019/882 of the european parliament and of the council1a. employers shall include that information in their management report where they are required to draw up such a report pursuant to directive 2013/34/eu. the information from the previous four years , if available , shall also be accessible upon request. in addition , the employer shall share this information with the monitoring body referred to in paragraph 6.


### 5. the employer shall provide the information referred to in paragraph 1 , point (g) to all workers and their representatives , as well as to the monitoring body referred to in paragraph 6. it shall provide it to the labour inspectorate and the equality body upon their request. the information from the previous four years , if available , shall also be provided upon request. ### 5. the employer shall provide the information referred to in paragraph 1 of this article to all workers and workers representatives , as well as to the monitoring body referred to in paragraph 6. it shall provide it to the labour inspectorate and the equality body upon their request. the information from the previous four years , if available , shall also be provided upon request.


### 7. workers and their representatives , labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided , including explanations concerning any gender pay differences. the employer shall respond to such request within a reasonable time by providing a substantiated reply. where gender pay differences are not justified by objective and gender-neutral factors , the employer shall remedy the situation in close cooperation with the workers’ representatives , the labour inspectorate and/or the equality body. ### 7. workers and workers representatives , labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided , including explanations concerning any gender pay differences. the employer shall respond to such request within a reasonable time by providing a substantiated reply. where gender pay differences are not justified by objective and gender-neutral factors , the employer shall remedy the situation in close cooperation with the workers’ representatives , the labour inspectorate and/or the equality body. employers , workers’ representatives and the equality body shall take into account and address any additional and intersecting forms of discrimination and unconscious bias.


### 1. member states shall take appropriate measures to ensure that employers with at least 250 workers conduct , in cooperation with their workers’ representatives , a joint pay assessment where both of the following conditions are met: ### 1. member states shall take appropriate measures to ensure that all employers conduct , in cooperation with their workers’ representatives , a joint pay assessment when the pay reporting conducted in accordance with article 8 demonstrates a difference of average of pay level among workers of different gender which the employer can not justify by objective and gender-neutral factors.


### the pay reporting conducted in accordance with article 8 demonstrates a difference of average pay level between female and male workers of at least 5 per cent in any category of workers; ### deleted


### the employer has not justified such difference in average pay level by objective and gender-neutral factors. ### deleted


### measures to address such differences if they are not justified on the basis of objective and gender-neutral criteria; ### a gender action plan containing measures to address such differences if they are not justified on the basis of objective and gender-neutral criteria;


### a report on the effectiveness of any measures mentioned in previous joint pay assessments. ### a monitoring report on the effectiveness of the gender action plan and review mechanisms.


### without prejudice to the autonomy of social partners and in accordance with national law and practice , member states shall ensure that the rights and obligations under this directive are discussed with social partners. ### without prejudice to the autonomy of social partners and in accordance with national law and practice , member states shall ensure that the transposition , implementation and monitoring of this directive is discussed with social partners.


### 2. the compensation or reparation referred to in paragraph 1 shall ensure real and effective compensation for the loss and damage sustained , in a way which is dissuasive and proportionate to the damage suffered. ### 2. the compensation or reparation referred to in paragraph 1 shall ensure real and effective compensation for the loss and damage sustained , in a way which is dissuasive and proportionate to the damage suffered. where gender-based pay discrimination intersects with additional grounds of discrimination , the compensation or reparation shall be adjusted accordingly.


### 2. member states shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the same work or work of equal value. they shall set a minimum level for such fines ensuring real deterrent effect. the level of the fines shall take into account: ### 2. member states shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the equal work or work of equal value. they shall set a percentage based on the employer’s gross annual turnover as a minimum level for such fines and shall ensure that that minimum level is proportionate and has a ensuring real deterrent effect. the level of the fines shall take into account.


### the gravity and duration of the infringement; ### the gravity and duration of the infringement and whether there were repeated infringements;


### any other aggravating or mitigating factor applicable to the circumstances of the case. ### any other aggravating factor applicable to the circumstances of the case such as where gender-based pay discrimination intersects with other grounds of discrimination , or relevant mitigating factors.


### 3. member states shall provide equality bodies with the adequate resources necessary for effectively carrying out their functions with regard to the respect for the right to equal pay between men and women for the same work or work of equal value. member states shall consider allocating amounts recovered as fines pursuant to article 20 to the equality bodies for that purpose. ### 3. member states shall provide the equality bodies with additional resources and ensure their adequate funding and sufficient capacity that is necessary for effectively carrying out their new functions with regard to the respect for the right to equal pay for equal work or work of equal value. member states shall consider on top of the national resources assigned to equality bodies to additionally allocate the amounts recovered as fines pursuant to article 20 to the equality bodies for that purpose.


### 2. each member state shall designate a body (‘monitoring body’) for the monitoring and support of the implementation of national legal provisions implementing this directive and shall make the necessary arrangements for the proper functioning of such body. the monitoring body may be part of existing bodies or structures at national level. ### 2. each member state shall designate a body (‘monitoring body’) for the monitoring and support of the implementation of national legal provisions implementing this directive and shall make the necessary arrangements and ensure adequate resources for the proper functioning of such body. the monitoring body may be part of existing bodies or structures at national level , depending on the national institutional context for implementing the principle of equal pay. it shall work closely with the social partners involved in the application of the principle of equal pay.


### to aggregate data received from employers pursuant to article 8(6) , and publish this data in a user-friendly manner; ### to aggregate data received from employers pursuant to article 8(6) , and publish this data in an accessible and user-friendly manner , including with regard to persons with disabilities , in accordance with directive (eu) 2019/882 and , where possible , analyse that data for the purpose of identifying multiple and intersectional forms of discrimination;


### this directive shall not affect in any way the right to negotiate , conclude and enforce collective agreements and to take collective action in accordance with national law or practice. ### this directive shall not affect in any way the right to negotiate , conclude and enforce collective agreements and to take collective action in accordance with national law or practice.


### member states shall provide the commission (eurostat) with up-to-date gender pay gap data annually and in a timely manner. these statistics shall be broken down by gender , economic sector , working time (full-time/part-time) , economic control (public/private ownership) and age and be calculated on an annual basis. ### member states shall provide the commission (eurostat) with up-to-date gender pay gap data annually and in a timely manner. these statistics shall be broken down by gender , economic sector , working time (full-time/part-time) , type of contract (indefinite/ temporary/per hours) , economic control (public/private ownership) , disability , and age and be calculated on an annual basis and , where possible combine them with anonymised data regarding additional intersectional forms of discrimination.


### 2. when informing the commission , member states shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on small and medium-sized enterprises and a reference to where such assessment is published. ### 2. when informing the commission , member states shall also provide a summary of the results of their assessment regarding the impact of their transposition on workers and employers of micro , small and medium-sized enterprises and on female dominated sectors and a reference to where such assessment is published.


### 1. by [eight years after the entry into force] member states shall communicate to the commission all information on how this directive has been applied and what has been its impact in practice. ### 1. by [five years after the entry into force] member states shall communicate to the commission all information on how this directive has been applied and what has been its impact in practice.


### 4. where venting is allowed pursuant to paragraphs 2 and 3 , operators shall vent only where flaring is not technically feasible or risks endangering safety of operations or personnel. in such a situation , as part of the reporting obligations set out in article 16 , operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring. ### 4. where venting is allowed pursuant to paragraphs 2 and 3 , operators shall vent only where flaring is not technically feasible due to lack of flammability , inability to sustain a flame , or safety concerns , or when it risks endangering safety of operations or personnel. in such a situation , as part of the reporting obligations set out in article 16 , operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.


### by … [36 months from the date of entry into force of this regulation] and by 30 march every year thereafter , operators shall submit a report to the competent authorities containing direct measurements of source-level methane emissions for operated assets referred to in paragraph 2 , complemented by measurements of site-level methane emissions , thereby allowing assessment and verification of the source-level estimates aggregated by site. ### by 24 months from the date of entry into force of this regulation and by 30 march every year thereafter , operators and undertakings established in the union shall submit a report to the competent authorities containing updated direct measurements of source-level methane emissions for operated and non-operated assets referred to in paragraph 2 , complemented by measurements of site-level methane emissions , thereby allowing assessment and verification of the source-level estimates aggregated by site.


### before submission to the competent authorities , operators shall ensure that the reports set out in this paragraph are assessed by a verifier and include a verification statement issued in accordance with articles 8 and 9. ### before submission to the competent authorities , operators and undertakings shall ensure that the reports set out in this paragraph are assessed by a verifier and include a verification statement issued in accordance with articles 8 and 9.


### 4. by … [36 months from the date of entry into force of this regulation] , undertakings established in the union shall submit a report to the competent authorities containing direct measurements of source-level methane emissions for non-operated assets. reporting at such level may involve the use of source-level measurement and sampling as the basis for establishing specific emission factors used for emissions estimation. ### deleted


### 5. by … [48 months from the date of entry into force of this regulation] and by 30 march every year thereafter , undertakings established in the union shall submit a report to the competent authorities containing direct measurements of source-level methane emissions for non-operated assets as set out in paragraph 4 , complemented by measurements of site-level methane emissions , thereby allowing assessment and verification of the source-level estimates aggregated by site. ### deleted


### the commission shall , by means of implementing acts , lay down a reporting template for the reports under paragraphs 2 , 3 , 4 and 5. those implementing acts shall be adopted in accordance with the procedure referred to in article 32(2). ### the commission shall , by means of implementing acts , lay down a reporting template for the reports under paragraphs 2 and 3. those implementing acts shall be adopted in accordance with the procedure referred to in article 32(2). until the adoption of the relevant implementing acts , operators and undertakings may use the technical guidance documents and reporting templates of the ogmp 2.0 for upstream and for mid and downstream operations.


### 7. for site-level measurements referred to in paragraphs 3 and 5 , appropriate quantification technologies shall be used which can provide such measurements. ### 7. for site-level measurements referred to in paragraph 3 , approved quantification technologies shall be used which can provide such measurements , ensuring reliance on the best available technologies.


### 8. in the case of significant discrepancies between the emissions quantified using source-level methods and those resulting from site-level measurement , additional measurements shall be carried out within the same reporting period. ### 8. in the case that the site-level measurement is higher than the source-level inventory to a statistically significant degree , the operator must provide documentation to reconcile the source-level inventory and site-level measurements , and update its source-level inventory to reflect higher site-level measurements.


### thereafter , leak detection and repair surveys shall be repeated every three months. ### thereafter , leak detection and repair surveys shall be repeated every month.


### 1. this regulation lays down rules for the accurate measurement , reporting and verification of methane emissions in the energy sector in the union , as well as the abatement of those emissions , including through leak detection and repair surveys and restrictions on venting and flaring. this regulation also lays down rules on tools ensuring transparency of methane emissions from imports of fossil energy into the union. ### 1. in pursuit of the long-term temperature goal set out in point (a) of article 2(1) of the paris agreement , this regulation:


### 1. highlights that taxation is one of the few areas that remain subject to unanimity voting in council; stresses that it has become increasingly evident over recent years that stronger coordination in the field of taxation is needed at eu and global levels in the light of economic developments and the new challenges created by digitalisation and globalisation; regrets , in this regard , hungary’s misuse of its veto right to block the council negotiations on the commission proposal of 22 december 2021 for a council directive on ensuring a global minimum level of taxation for multinational groups in the union (com(2021)0823); ### 1. highlights that taxation is one of the few areas that remain subject to unanimity voting in council; stresses that it has become increasingly evident over recent years that stronger coordination in the field of taxation is needed at eu and global levels in the light of economic developments and the new challenges created by digitalisation and globalisation; emphasises that a strong union , from a labour , capital and fiscal perspective amongst others , cannot be reached without much needed tax coordination and harmonisation; emphasises further that tax coordination is essential to ensure the sustainable and future-proof tax systems in member states; notes that stronger tax coordination in the union has been sought since the landmark 1992 ruding committee report1a;


### 2. regrets the fact that the current situation often leads to delays and a lack of progress in the harmonisation and coordination of tax rules across the union , even though such harmonisation and coordination would benefit everyone; notes that some legislative proposals , such as the debt-equity bias reduction allowance (debra) or the business in europe: framework for income taxation (befit) , will be key to supporting the competitiveness of european companies; ### 2. regrets the fact that the current situation often leads to delays and a lack of progress in the harmonisation and coordination of tax rules across the union , even though such harmonisation and coordination would benefit everyone; warns that the lack of better coordination and harmonisation of tax rules harms the single market and the performance of the union in reaching its economic , green , social and digital objectives; notes that some legislative proposals , such as the directive on preventing shell companies from misusing their structure for tax purposes (unshell) , the upcoming withholding tax framework and the future business in europe: framework for income taxation (befit) , will be key to supporting the fairness of our tax system , the competitiveness of european companies , while the revision of the energy taxation directive will be key to supporting the eu’s climate goals;


### 3. recalls that article 48(7) of the treaty on european union provides for two general passerelle clauses that allow the decision-making procedures to be changed in order to adopt measures in council through qualified majority voting (qmv) in areas that are currently subject to unanimity; regrets the fact that these passerelle clauses have never been used; recalls that activating the passerelle clauses would in any case require unanimity in the european council and parliament’s consent; ### 3. recalls that article 48(7) of the treaty on european union provides for two general passerelle clauses that allow the decision-making procedures to be changed in order to adopt measures in council through qualified majority voting (qmv) in areas that are currently subject to unanimity; regrets the fact that these passerelle clauses have never been used; recalls that activating the passerelle clauses would in any case require unanimity in the european council and parliament’s consent; supports the revision of these passerelle clauses in the framework of a future reform of the treaties , including a strengthened role for the parliament;


### 4. recommends using the two general passerelle clauses for selected treaty articles concerning the eu’s competences in the area of taxation; recalls that the commission communication of 15 january 2019 entitled ‘towards a more efficient and democratic decision making in eu tax policy’ (com(2019)0008) and the conclusions of the conference on the future of europe both recommended moving from unanimity voting to qmv on tax matters. ### 4. calls the council to use the two general passerelle clauses for selected treaty articles concerning the eu’s competences in the area of taxation such as article 113 and 115 tfeu; supports the commission communication of 15 january 2019 entitled ‘towards a more efficient and democratic decision making in eu tax policy’ (com(2019)0008) and the conclusions of the conference on the future of europe both recommended moving from unanimity voting to qmv on tax matters; highlights the need for stronger parliamentary involvement in tax decision-making in the eu;


### proposal for a council directive on laying down rules on a debt-equity bias reduction allowance and on limiting the deductibility of interest for corporate income tax purposes ### proposal for a council directive on limiting the deductibility of interest for corporate income tax purposes


### (2) member states’ tax systems allow the taxpayers to deduct interest payments on debt financing , and thereby reduce the corporate income tax liability , while costs related to equity financing are non-tax deductible in most member states. the asymmetric tax treatment of debt and equity financing across the union induces a bias towards debt in investment decisions. moreover , where member states provide for a tax allowance on equity financing in their domestic law , such national measures differ significantly in terms of policy design. ### (2) member states’ tax systems allow too leniently the taxpayers to deduct interest payments on debt financing , and thereby reduce the corporate income tax liability. the asymmetric tax treatment of debt and equity financing across the union exacerbated by too permissive interest limitation rules induce a bias towards debt in investment decisions.


### (3) in order to remove possible tax related distortions among member states , it is necessary to lay down a common framework of rules to address the tax related debt-equity bias across the union in a coordinated manner. such rules should ensure that equity and debt financing are treated in a similar way for tax purposes across the single market. at the same time , a common union legislative framework should be sustainable also in the short term for member states’ budgets. such framework should therefore include rules , on the one hand , for the tax deductibility of equity financing costs and , on the other , for limiting the tax deductibility of debt financing costs. ### (3) in order to remove possible tax related distortions among member states , it is necessary to lay down a common framework of rules to address the tax related debt-equity bias across the union in a coordinated manner. such rules should ensure that debt financing is disincentivized from a tax perspective bringing the treatment between debt and equity financing closer to each other for tax purposes across the single market.


### (4) to ensure a simple and comprehensive legislative framework , the common framework of rules should apply to all undertakings in the union that are subject to corporate income tax in a member state. financial undertakings have special features and require a specific treatment. if the rules to address the tax related debt-equity bias were to apply to them , the economic burden of the measures would be unequally distributed at the expense of non-financial undertakings. financial undertakings should therefore be excluded from the scope of this directive. ### (4) to ensure a simple and comprehensive legislative framework , the common framework of rules should apply to all undertakings in the union that are subject to corporate income tax in a member state.


### (5) to neutralise the bias against equity financing , an allowance should be envisaged so that increases in a taxpayer's equity from one tax period to the next are deductible from its taxable base , subject to certain conditions. the allowance should be calculated by multiplying the increase in equity with a notional interest rate based on risk-free interest rate as laid down in the implementing acts adopted pursuant to article 77e(2) of directive 2009/138/ec. such risk-free interest rates are already part of eu law and have been practically and effectively applied as such. any part of the allowance that cannot be deducted in a tax period due to insufficient taxable profits may be carried forward. taking into account the specific challenges that small- and medium-sized enterprises (smes) face in accessing capital markets , an increased allowance on equity should be envisaged for taxpayers that are smes. in order for the deduction of an allowance on equity to be sustainable for public finances in the short term , it should be limited in time. to safeguard the system from abuses , it is necessary to exclude the tax value of a taxpayer's own shares as well as that of its participation in associated enterprises from the calculation of changes in equity. in the same vein , it is necessary to provide for the taxation of a decrease in a taxpayer’s equity from one tax period to the following one , to prevent an equity increase from being effected in an abusive manner. such a rule would also encourage the retention of a level of equity. it would apply so that where there is a decrease in equity of a taxpayer that has benefitted from an allowance on equity increase , an amount calculated in the same way as the allowance would become taxable for 10 tax periods; unless the taxpayer provides evidence that this decrease is exclusively due to losses incurred during the tax period or due to a legal obligation. ### deleted


### (6) in order to avoid a misuse of the deduction of the allowance on equity , it is necessary to lay down specific anti-tax avoidance rules. such rules should target , in particular , schemes put in place to circumvent the conditions on which an equity increase qualifies for an allowance under this directive , for instance , through the intra-group transfer of participations in associated enterprises. such rules should also target schemes put in place to claim an allowance in the absence of any equity increase at group level. for example , intra-group debt financing or contributions in cash could be used for these purposes. specific anti-tax avoidance rules should also prevent schemes from being put in place to claim that an increase in equity , and the corresponding allowance , is higher than it actually is , for example , through an increase in loan financing receivables or overvaluation of assets. moreover , the general anti-tax abuse rule in article 6 of council directive (eu) 2016/116415 applies against abusive acts which are not covered by the specific anti-tax avoidance framework of this directive. ### deleted


### (7) to effectively address the tax-related debt-equity bias in a manner sustainable for the union’s public finances , an allowance for equity financing should be accompanied by a limitation on the deductibility of debt financing costs. an interest limitation rule should therefore limit the deductibility of exceeding borrowing costs and apply independently from the allowance. given the different objectives between such a rule and the existing anti-tax avoidance rule on interest limitation of article 4 of directive (eu) 2016/1164 , both rules should be maintained. taxpayers should first calculate the deductibility of exceeding borrowing costs under this directive and then under atad. in the event that the latter results in a lower amount of deductible exceeding borrowing costs , the taxpayer should deduct this lower amount and carry forward or back any difference between the two amounts in accordance with article 4 of atad. ### (7) to effectively address the tax-related debt-equity bias in a manner beneficial , and not further harming the sustainability for the union’s public finances , a limitation on the deductibility of debt financing costs should be introduced. an interest limitation rule should therefore limit the deductibility of exceeding borrowing costs and apply independently from the allowance. given the different objectives between such a rule and the existing anti-tax avoidance rule on interest limitation of article 4 of directive (eu) 2016/1164 , both rules should be maintained. taxpayers should first calculate the deductibility of exceeding borrowing costs under this directive and then under atad. in the event that the latter results in a lower amount of deductible exceeding borrowing costs , the taxpayer should deduct this lower amount and carry forward or back any difference between the two amounts in accordance with article 4 of atad.


### (10) in order to enable the smooth and prompt amendment of certain non-essential elements of this directive taking into account ongoing developments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission , so that the latter can amend this directive , to modify the level of the risk premium rate as an element for the calculation of the allowance on equity. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making16 . in particular , to ensure equal participation in the preparation of delegated acts , the council should receive all documents at the same time as member states' experts , and its experts should systematically be given access to meetings of commission expert groups dealing with the preparation of delegated acts. ### deleted


### this directive lays down rules on the deduction , for corporate income tax purposes , of an allowance on increases in equity and on the limitation of the tax deductibility of exceeding borrowing costs. ### this directive lays down rules on the limitation of the tax deductibility of exceeding borrowing costs.


### [...] ### deleted


### ii allowance on equity and interest deductions ### ii interest deductions


### article 5 ### deleted


### the number of taxpayers that have benefited from the allowance on equity in the tax period , also as a percentage of the total number of taxpayers falling within the scope of this directive; ### deleted


### the number of smes that have benefitted from the allowance in the tax period , including as a percentage of the total number of smes falling within the scope of this directive and the number of smes that have benefitted from the allowance , which are part of large groups within the meaning of article 3(7) of directive 2013/34/eu; ### deleted


### the total amount of expenditure incurred or tax revenue lost due to the deduction of allowance on equity allocated to the allowance on equity as compared to the national gross domestic product of the member state; ### deleted


### the number of taxpayers to which anti-abuse measures have been applied in the tax period pursuant to this directive including the related tax consequences and sanctions applied; ### deleted


### article 9 ### deleted


### article 10 ### deleted


### 2. member states may defer the application of the provisions of this directive to taxpayers that on [1 january 2024] benefit from an allowance on equity under national law for a period up to 10 years and in no case for a period longer than the duration of the benefit under national law. ### deleted


### — having regard to the in-depth analysis requested by its econ committee of june 2020 , part of the monetary dialogue papers , entitled ‘the international role of the euro: state of play and economic significance’ of june 202013 , ### — having regard to the compilation of papers requested by its econ committee of june 2020 entitled ‘international role of the euro: a monetary policy view’ of june 2020 13 ,


### a. whereas in its 20 years of existence , the euro has become a symbol of europe’s economic strength and of its position in the world; ### a. whereas in its 20 years of existence , the euro has become a positive symbol of europe’s unity , integration , economic strength and its position in the world;


### (1) in order to hedge against exposure to foreign exchange rate volatility in currencies that are not readily convertible or subject to exchange controls , companies in the union enter into non-deliverable currency forwards and swaps. those instruments enable their users to protect against volatility of foreign currencies that are not readily convertible into a base currency , such as the dollar or the euro. the unavailability of foreign currency spot exchange rates to calculate the pay-outs due under currency forwards and swaps would have a negative effect on companies in the union that export to emerging markets or hold assets in those markets , with consequent exposure to fluctuations of emerging market currencies. following the expiration of the transitional period set out in paragraphs 4a and 4b of article 51 of regulation (eu) 2016/1011 of the european parliament and of the council6 , the use of spot foreign exchange rates provided by a third country administrator other than a central bank will no longer be possible. ### (1) in order to hedge against exposure to foreign exchange rate volatility in currencies that are not readily convertible or subject to exchange controls , companies in the union enter into non-deliverable currency forwards and swaps. those instruments enable their users to protect against volatility of foreign currencies that are not readily convertible into a base currency , such as the dollar or the euro. the unavailability of foreign currency spot exchange rates to calculate the pay-outs due under currency forwards and swaps would have a negative effect on companies in the union that export to emerging markets or hold assets in those markets , with consequent exposure to fluctuations of emerging market currencies. following the expiration of the transitional period set out in paragraph 5 of article 51 of regulation (eu) 2016/1011 of the european parliament and of the council6 , the use of spot foreign exchange rates provided by a third country administrator other than a central bank will no longer be possible.


### (5) to be able to provide for an orderly wind down of contracts that reference a widely used benchmark the cessation of which may result in negative consequences that produce significant disruption in the functioning of financial markets in the union and where such contracts cannot be renegotiated to include a contractual fall-back rate by the time of that benchmark’s cessation , a framework accompanying the cessation of such benchmarks should be laid down. that framework should comprise a mechanism aimed at transitioning such contracts to suitable replacement benchmarks. replacement benchmarks should ensure avoiding contract frustration which may result in negative consequences that produce significant disruption in the functioning of financial markets in the union. ### (5) article 28(2) of regulation 2016/1011 requires supervised entities other than benchmark administrators to have contingency plans in place for the event that a benchmark changes materially or ceases to be provided. if possible , those contingency plans should identify one or more potential replacement benchmarks. that decentralised , non-legislative method should remain the default method for provisioning for the event of a benchmark cessation , but the libor case has shown that , in practice , that method might not always be sufficient. therefore , to ensure an orderly wind down of contracts that reference a widely used benchmark the cessation of which may result in negative consequences that produce significant disruption in the functioning of financial markets in the union and where such contracts cannot be renegotiated to include a contractual fall-back rate by the time of that benchmark’s cessation , there should be a fall-back method that provides for mandatory public designation of a replacement benchmark. that method should comprise a mechanism aimed at transitioning such contracts to suitable replacement benchmarks. replacement benchmarks should ensure avoiding contract frustration which may result in negative consequences that produce significant disruption in the functioning of financial markets in the union.


### 4. the commission shall adopt delegated acts in accordance with article 49 to create and update as appropriate a list of foreign exchange benchmarks that fulfil the criteria laid down in paragraph 3. competent authorities of supervised entities that use third country foreign exchange benchmarks that are designated by the commission in accordance with paragraph 3 shall report to the commission and to esma on the number of derivative contracts that use that foreign exchange benchmark for hedging against third country currency volatility at least every two years.; ### 4. the commission shall adopt delegated acts in accordance with article 49 to create and update as appropriate a list of foreign exchange benchmarks that fulfil the criteria laid down in paragraph 3. competent authorities of supervised entities that use third country foreign exchange benchmarks that are designated by the commission in accordance with paragraph 3 shall report to the commission and to esma on the number of derivative contracts that use that foreign exchange benchmark for hedging against third country currency volatility at least every two years.


### (2) the following article 23a is inserted: ### (2) the following article 28a is inserted:


### article 23amandatory replacement of a benchmark ### article 28a


### the competent authority for the administrator of that benchmark has issued a public statement , or has published information , in which it is announced that the capability of that benchmark to measure the underlying market or economic reality cannot be restored through the exercise of any of the remedial powers referred to in article 23; ### the competent authority for the administrator of that benchmark has stated publicly that the capability of the benchmark to measure the underlying market or economic reality cannot be restored through any of the remedial powers referred to in article 23;


### the administrator of a benchmark has issued a public statement , or has published information , or such public statement has been made or such information has been published on behalf of that administrator , in which it is announced that that administrator has ceased or will cease to provide the benchmark , permanently or indefinitely , provided that , at the time of the issuance of the statement or the publication of the information , there is no successor administrator that will continue to provide the benchmark; ### the administrator of a benchmark , or someone acting on behalf of the administrator , has stated publicly that that administrator has ceased or will cease to provide the benchmark , permanently or indefinitely , provided that , at the time of the issuance of the statement or the publication of the information , there is no successor administrator that will continue to provide the benchmark;


### the competent authority for the administrator of a benchmark or any entity with insolvency or resolution authority over the administrator of that benchmark has issued a public statement or has published information in which it is stated that the administrator of that benchmark has ceased or will cease to provide that benchmark permanently or indefinitely , provided that , at the time of the issuance of the statement or the publication of the information , there is no successor administrator that will continue to provide that benchmark. ### the competent authority for the administrator of a benchmark or any entity with insolvency or resolution authority over the administrator of that benchmark has stated publicly that the administrator of that benchmark has ceased or will cease to provide that benchmark permanently or indefinitely , provided that , at the time of the issuance of the statement or the publication of the information , there is no successor administrator that will continue to provide that benchmark.


### those financial instruments , contracts or performance measurements contain no suitable fall back provisions. ### those financial instruments , contracts or performance measurements contain insufficient fall back provisions;


### — having regard to articles 127(1) and (2) , 130 and 284(3) of the treaty on the functioning of the european union (tfeu) , ### — having regard to articles 127(1) , (2) and (5) , 130 , 132 and 284(3) of the treaty on the functioning of the european union (tfeu) ,


### 1. welcomes the role of the ecb in safeguarding euro stability; highlights that the statutory independence of the ecb , as laid down in the treaties , is a prerequisite for it to fulfil its mandate of maintaining price stability; ### 1. acknowledges that , in accordance with article 127(1) and article 282(2) of the tfeu , the primary objective of the european system of central banks (escb) is to maintain price stability; further acknowledges that , without prejudice to the objective of price stability , the escb shall support the general economic policies in the union with a view to contributing to the achievement of the objectives of the union as laid down in article 3 of the treaty on european union; highlights that the statutory independence of the ecb , as laid down in the treaties , shall be matched by an adequate level of transparency , integrity and accountability;


### 1. welcomes the role of the ecb in safeguarding euro stability; highlights that the statutory independence of the ecb , as laid down in the treaties , is a prerequisite for it to fulfil its mandate of maintaining price stability; ### 1. welcomes the role of the ecb in safeguarding euro stability; highlights that the statutory independence of the ecb , as laid down in the treaties , is a prerequisite for it to fulfil its mandate of maintaining price stability and supporting the union’s general economic policies with a view to attaining union objectives as laid down in article 3 of the treaty on european union;


### 5. notes that inflation is underestimated in the euro area due to an inadequate share of housing costs in the hicp basket2 ; calls for a re-adjustment of the basket to reflect the fact that european households spend 24 % of their income on housing-related expenditure; ### 5. suggests that the ecb provide a comprehensive assessment of how housing costs could be reflected in the hicp basket; notes that european households spend 24 % of their income on housing-related expenditure; believes that this issue , and more broadly issues concerning the measuring of price stability and specifying corresponding policy targets , would be suitable topics for the upcoming strategy review and should be subject to a broad public debate;


### 6. acknowledges president lagarde’s strong call for ‘full alignment of fiscal and monetary policies’; ### 6. supports president lagarde’s strong call for ‘full alignment of fiscal and monetary policies’;


### 7. notes the quick and substantial ecb monetary policy response to the covid-19 crisis in a context of emergency; ### 7. notes the quick and substantial ecb monetary policy response to the covid-19 crisis in a context of emergency; underlines , however , that the ecb accommodative monetary policy stance was the minimum necessary to support the economic recovery and to safeguard medium-term price stability; further considers that the euro area is facing an economic contraction of a magnitude and speed that are unprecedented in peacetime and , if the ecb had not taken those monetary policy decisions , the entire system would have fallen apart;


### 7. notes the quick and substantial ecb monetary policy response to the covid-19 crisis in a context of emergency; ### 7. notes the quick and substantial ecb monetary policy response to the covid-19 crisis in a context of emergency and stresses that monetary policy will probably have to remain accommodative for a considerable period of time;


### 8. stresses that monetary policy alone will not suffice to achieve a sustainable economic recovery; emphasises that far-reaching structural reforms and initiatives are necessary to restore and enhance competitiveness across the union; believes that the impact of monetary policy on the recovery is limited and , while respecting the independence and mandate of the ecb , expresses caution regarding the further expansion of monetary measures; ### 8. stresses that monetary policy alone will not suffice to achieve a sustainable economic recovery and emphasises the crucial role that a common european fiscal policy can play to support the recovery and stabilise european economies , while reducing the burden on the monetary policy; believes that the impact on the recovery of a monetary policy centred on price stability is limited and hence considers that , while respecting the independence of the ecb , its mandate should be broadened; recalls that in its statement announcing the review of its monetary policy , the ecb stated that it will , in addition to price stability , also take into account how “other considerations , such as financial stability , employment and environmental sustainability , can be relevant in pursuing the ecb’s mandate2a”;


### 8. stresses that monetary policy alone will not suffice to achieve a sustainable economic recovery; emphasises that far-reaching structural reforms and initiatives are necessary to restore and enhance competitiveness across the union; believes that the impact of monetary policy on the recovery is limited and , while respecting the independence and mandate of the ecb , expresses caution regarding the further expansion of monetary measures; ### 8. stresses that monetary policy alone will not suffice to achieve a sustainable economic recovery; emphasises that a far-reaching structural reform of the ecb legal framework is necessary to restore and enhance competitiveness across the union; believes that the ability of monetary policy alone to sustain eurozone economic growth in the longer term impact is constrained by the ecb’s objectives and tasks as currently set out in the tfeu and in the statute of the escb;


### 10. asks the ecb to monitor the proportionality of quantitative easing to the risks in its balance sheets , asset price inflation and the potential misallocation of resources; ### deleted


### 10. asks the ecb to monitor the proportionality of quantitative easing to the risks in its balance sheets , asset price inflation and the potential misallocation of resources; ### 10. believes that long-term low interest rates and reliance on quantitative easing , while justified by economic circumstances and the lack of supportive fiscal policies , can also have undesirable side effects , such as asset price inflation or solvency implications for the insurers and pension funds , that need to be monitored;


### 11. regrets the detrimental impact of long-term low interest rates on insurers and pension funds and expresses concern about the potential impacts on solvency; stresses the financial burden this places on many citizens across the union; ### deleted


### 12. notes the linkage between monetary policy and increasing housing prices in the euro area; emphasises that the persistently high housing cost overburden rate of 9.6 % in 2018 is expected to increase due to the pandemic , and asks the ecb to evaluate the regional and sectoral impact of its quantitative easing programme on the cost of living across the union; ### 12. notes that monetary policy can contribute to increasing housing prices in the euro area; emphasises that the persistently high housing cost overburden rate of 9.6 % in 2018 is expected to increase due to the pandemic , and asks the ecb to keep monitoring potential effects of low interest rates and quantitative easing on the development of housing prices across the union;


### 13. understands that the severity of the crisis has forced the ecb to shift attention away from its monetary policy framework strategy review , which has been postponed to mid-2021; calls on the ecb to involve parliament in the review process; ### 13. understands that the severity of the crisis has forced the ecb to shift attention away from its monetary policy framework strategy review , which has been postponed to mid-2021; believes that the policy review should focus on exploring and analysing rapidly evolving developments , such as the domination of fintech on payment services and the impact of digital currencies on inflation , which will shape the future monetary policy; calls on the ecb to involve parliament in the review process;


### 14. notes the impact of climate change on inflation dynamics and transmission risks in monetary policy; recalls the impact of the ecb in maintaining price stability; emphasises that this mandate must not be confounded with climate policy; ### 14. worries about the impact of climate change on inflation dynamics and transmission risks in monetary policy; reminds that climate-related risks , both physical and transition risks , are a source of financial risk and it falls within the mandate of central banks and supervisors to ensure that the financial system is resilient to those risks;


### 14. notes the impact of climate change on inflation dynamics and transmission risks in monetary policy; recalls the impact of the ecb in maintaining price stability; emphasises that this mandate must not be confounded with climate policy; ### 14. notes the impact of climate change on inflation dynamics and transmission risks in monetary policy; recalls the impact of the ecb in maintaining price stability; emphasises that this mandate must take full account of the latest climate science; recalls article 127 tfeu according to which the ecb , without prejudice to the objective of price stability , shall “support the general economic policies of the union with a view to contributing to the achievement of the objectives of the union as laid down in article 3 of the treaty on european union”; considers that within the legal provision of art. 3 teu , environmental protection and economic , social and territorial cohesion are currently the most important and most relevant secondary objectives for the ecb;


### 16. encourages efforts to increase research capabilities regarding the impact of climate change on financial stability and the euro area; ### 16. encourages efforts to increase research capabilities regarding the impact of climate change on financial stability and the euro area; suggests that the ecb make the question of how central banking and bank supervision can contribute to a sustainable economy and the fight against climate change one of its research priorities; further suggests that , to that end , the ecb also cooperate with international networks other than the ngfs , especially the sustainable banking network and the un principles for responsible banking initiative;


### 22. calls on the ecb to explore ways of strengthening the international role of the euro , as this would increase the eu’s ability to frame its policy stance independently vis-à-vis other global powers and is a key element in safeguarding european economic sovereignty; ### deleted


### 24. echoes president lagarde’s openness to greater dialogue and stresses the need to further enhance the ecb’s accountability and transparency arrangements; emphasises the need to reflect on how scrutiny of the ecb’s monetary policy may be enhanced at eu level; ### 24. echoes president lagarde’s openness to greater dialogue and stresses the need to further enhance the ecb’s accountability and transparency arrangements; emphasises the need to reflect on how scrutiny of the ecb’s monetary policy may be enhanced at eu level; encourages all eu institutions to discuss adjustments in the mandate and improvements of the accountability framework of the ecb during the next conference on the future of the european union;


### 25. emphasises that executive board member nominations should be prepared carefully , with full transparency and together with parliament in line with the treaties; calls on the council to draw up a shortlist for any upcoming vacancies and to share this with parliament , thus allowing parliament to play a more meaningful advisory role in the appointment process; regrets that no satisfactory progress has been made to date; recalls that the equal treatment of men and women is a constitutional principle that must be strictly adhered to; ### 25. emphasises that executive board member nominations should be prepared carefully , with full transparency and together with parliament in line with the treaties; calls on the council to draw up gender-balanced shortlists for any upcoming vacancies and to share this with parliament , thus allowing parliament to play a more meaningful advisory role in the appointment process; regrets that no satisfactory progress has been made to date; recalls the importance of paragraph 4 of ep resolution 2019/2614(rsp) , in which the parliament commits itself not to take into account shortlists that do not respect the gender balance principle; recalls that the equal treatment of men and women is a constitutional principle that must be strictly adhered to; acknowledges , in this context , the response given by the ecb in its feedback to the european parliament resolution on the 2018 ecb annual report; regrets however that the gender imbalance , in particular at the top executive level , persists and that the rate of progress towards more gender representation is not satisfactory; welcomes the ecb’s new gender strategy and the adoption of more ambitious internal gender targets for the period 2020-2026; stresses that faster progress is required to achieve a substantial change across the organisational hierarchy; calls on the ecb to reinforce its efforts to promote gender balance and achieve a concrete change in the composition of the board;


### 27. recalls the german federal constitutional court decision of 5 may 2020 on the ecb , as well as the ecb governing council statement of the same day; notes the continuous proportionality assessment of all programmes; lauds the ecb’s subsequent decision to disclose non-public documents related to the public sector purchase programme (pspp) to the bundesbank; ### 27. notes the german federal constitutional court decision of 5 may 2020 on the ecb , as well as the ecb governing council statement of the same day; notes the continuous proportionality assessment of all programmes; takes note of the ecb’s subsequent decision to disclose non-public documents related to the public sector purchase programme (pspp) to the bundesbank; regrets that such documents were made available to the bundestag and not to the members of the european parliament;


### 28. acknowledges , and congratulates the ecb and president lagarde on , the ongoing efforts to improve communication and transparency with the european parliament; ### 28. acknowledges the ecb and president lagarde on the ongoing efforts to improve communication and transparency with the european parliament;


### 29. reinforces its call for the adoption of an enhanced whistleblowing policy and a revision of the ecb’s staff rules; ### 29. reinforces its call for the adoption of an enhanced whistleblowing policy and a revision of the ecb’s staff rules aligned , as a minimum , with the standards and goals stated in the eu directive 2019/1937 of 16 december 2019 on the protection of whistleblowers to both protect and enable whistleblowers by helping them raise concerns confidently without fear of retaliation , including anonymity where required;


### g. whereas digital finance has a strong cross-border element , which goes beyond the union level and therefore international cooperation in this field is essential; ### g. whereas digital finance has a strong cross-border element , which goes beyond the union level and therefore international cooperation as well as an efficient and effective union supervision in this field is essential;


### h. whereas , according to market data , at the beginning of 2020 , over 5 ,100 crypto-assets exist globally , with a total market capitalisation exceeding usd 250 billion2 ; ### h. whereas , according to market data1a , as of june 2020 , over 5 ,600 crypto-assets exist globally , with a total market capitalisation exceeding usd 260 billion ,2 65% of which is made up of bitcoin alone;


### i. whereas experts of the european central bank (ecb) noted in their publication of 20193 , that even though crypto-assets are highly speculative , they do not represent an immediate threat to financial stability; ### i. whereas experts of the european central bank (ecb) noted in their publication of 20193 , that even though crypto-assets are highly speculative , they do not represent an immediate threat to financial stability due to the current limited size of crypto-asset networks , whereas such state of play is subject to change in case of large scale adoption;


### 1. welcomes the commitment of the commission to finalising an action plan on fintech by q3 of 2020; considers that a commission proposal on crypto-assets , as well as a cross-sectoral financial services act on operational and cyber resilience , are timely and necessary due to recent developments in the markets; requests that the commission submit on the basis of article 114 respective proposal following the recommendations set out in the annex hereto; ### 1. welcomes the commitment of the commission to finalising an action plan on fintech by q3 of 2020; considers that a commission proposal on crypto-assets , as well as a cross-sectoral financial services act on operational and cyber resilience , are timely and necessary due to recent developments in the markets; requests that the commission submits on the basis of article 114 respective legislative proposal following the recommendations set out in the annex hereto;


### 2. considers that fintech will be integral to the success of the capital markets union (cmu) and encourages the commission to consider how to harness the benefits of fintech in driving forward capital market integration in the union; ### 2. considers that fintech will be integral to the success of the capital markets union (cmu) , subject to an appropriate regulatory framework and consumer protection provisions , and encourages the commission to consider how to harness the benefits of fintech in driving forward capital market integration in the union;


### 3. highlights the importance for the commission to closely align its work with international fora and regulatory bodies in developing international standards given the cross-jurisdictional nature of digital finance; ### 3. highlights the importance for the commission to closely align its work with international fora and regulatory bodies in developing international standards given the cross-jurisdictional nature of digital finance , without prejudice to the eu ability to adopt stronger regulatory and supervisory provisions;


### 4. calls on the commission to deploy a proportionate , cross-sectorial and holistic approach to its work on fintech; ### 4. calls on the commission to deploy a proportionate , risk-based , cross-sectorial and holistic approach to its work on fintech;


### 5. calls on the commission to act as first mover in order to create a favourable environment for european fintech hubs and firms to scale up; ### 5. calls on the commission to act as first mover in order to create a sustainable and lawful environment for european fintech hubs and firms to scale up;


### a. the same services and their associated similar risks should be subject to the same rules; ### a. the same activities and services and their associated similar risks should be subject to the same rules;


### 7. points out that union level measures should not stifle opportunities for businesses to grow and develop within the union; ### 7. points out that the union legislation should be adapted and updated to take account of the rapid developments in the expanding markets of crypto-assets and icos; emphasises that the current legal uncertainty creates risks to consumer and investor protection and prevents real opportunities for businesses to grow and a sustainable ecosystem for digital finance to develop within the union;


### 8. highlights the importance of the triangle of trust , identity and data in order to ensure that operators , consumers and supervisors are able to have confidence in digital finance; ### 8. highlights the importance of the triangle of rules , identity verification and data in order to ensure that operators’ activities are subject to appropriate safeguards and restrictions , consumers are adequately protected and aware of risks and supervisors are able to monitor developments and take appropriate actions in the area of digital finance , while preserving the integrity of existing capital markets;


### 9. considers that developing a pan-european taxonomy for crypto-assets is desirable as a step towards fostering a common understanding , facilitating collaboration across jurisdictions and providing greater regulatory certainty for market participants engaged in cross border activity; recommends taking into account the importance of international cooperation and global initiatives as regards frameworks for crypto-assets , bearing in mind in particular their borderless nature; cautions , however , that developing an open-ended taxonomy template may be more appropriate for this evolving market segment; ### 9. considers that developing a comprehensive pan-european taxonomy for crypto-assets is a necessary step towards fostering a eu common understanding , establishing an adequate regulatory regime , facilitating a coordinated approach across jurisdictions and providing greater legal and regulatory certainty for market participants engaged in cross border activity; recommends taking into account the importance of international cooperation and global initiatives as regards frameworks for crypto-assets , including stablecoins , bearing in mind in particular their borderless nature and the potential systemic risks for financial stability and fair competition; considers , however , that developing an open-ended taxonomy template at eu level taking account of this evolving market segment should be a priority and serve as a basis for appropriate legislative and regulatory actions;


### 10. believes , therefore , that any further categorisation should be balanced and flexible in order to give space for innovation in the sector while ensuring that risks can be identified at an early stage; ### 10. believes , therefore , that any further categorisation should be comprehensive and flexible in order to be adaptable to evolving business models and cyber risks , while giving space for innovation in the sector and at the same time ensuring that risks can be identified and addressed at an early stage;


### 11. further stresses that clear guidance on the applicable regulatory and prudential processes is needed in order to provide regulatory certainty regarding crypto-assets; ### 11. further stresses that clarity on the applicable regulatory and prudential processes is needed in order to provide regulatory certainty and an adequate prudential treatment regarding high-risk crypto-assets , taking account of their high volatility and speculative nature , as well as to ensure stronger supervisory convergence in this area; underlines in particular the need for a targeted review of the crr/crd framework and a common approach to the accounting treatment of crypto-assets;


### 12. points out that applying existing regulations to previously unregulated crypto-assets will be necessary , as will creating bespoke regulatory regimes for evolving crypto-asset activities , such as initial coin offerings; ### 12. points out that applying existing regulations to previously unregulated crypto-assets will be necessary , as will creating bespoke and stringent regulatory regimes , including evolving crypto-asset activities , such as initial coin offerings , so as to avoid unwanted legitimisation and ensure adequate consumer protection and market integrity; stresses in particular the need to establish stringent rules regarding information to potential clients , which should be clear and not misleading , as well as suitability assessments requirements;