# Official Journal C 267/28 J

| | ISSN 1977-091X |
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| Official Journal
  of the European Union | C 267 |
| | |
| English edition | Information and Notices | Volume 6628 July 2023 |

ISSN 1977-091X

Official Journal

of the European Union

C 267

English edition

Information and Notices

Volume 6628 July 2023

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| Contents | page |
| --- | --- |
| | |
| | EUROPEAN PARLIAMENT
  2022-2023 SESSIONSittings of 1 to 2 February 2023TEXTS ADOPTED | 1 |

Contents

page

EUROPEAN PARLIAMENT
  2022-2023 SESSIONSittings of 1 to 2 February 2023TEXTS ADOPTED

EUROPEAN PARLIAMENT

1

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| | I   Resolutions, recommendations and opinions |
| --- | --- |
| | RESOLUTIONS |
| | European Parliament |
| | Thursday 2 February 2023 |
| 2023/C 267/01 | European Parliament resolution of 2 February 2023 with recommendations to the Commission on Revision of European Works Councils Directive (2019/2183(INL)) | 2 |
| 2023/C 267/02 | European Parliament resolution of 2 February 2023 on the preparation of the EU-Ukraine Summit (2023/2509(RSP)) | 17 |

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Thursday 2 February 2023

2023/C 267/01

European Parliament resolution of 2 February 2023 with recommendations to the Commission on Revision of European Works Councils Directive (2019/2183(INL))

2

2023/C 267/02

European Parliament resolution of 2 February 2023 on the preparation of the EU-Ukraine Summit (2023/2509(RSP))

17

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| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| | Thursday 2 February 2023 |
| 2023/C 267/03 | European Parliament decision of 2 February 2023 on the request for waiver of the immunity of Nadine Morano (2022/2055(IMM)) | 23 |
| 2023/C 267/04 | European Parliament decision of 2 February 2023 on the request for defence of the privileges and immunities of Helmut Geuking (2022/2052(IMM)) | 25 |
| 2023/C 267/05 | European Parliament decision of 2 February 2023 on the request for waiver of the immunity of Nicolas Bay (2022/2054(IMM)) | 27 |
| 2023/C 267/06 | European Parliament decision of 2 February 2023 on the request for waiver of the immunity of Andrea Cozzolino (2023/2006(IMM)) | 29 |
| 2023/C 267/07 | European Parliament decision of 2 February 2023 on the request for waiver of the immunity of Marc Tarabella (2023/2005(IMM)) | 31 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Thursday 2 February 2023

2023/C 267/03

European Parliament decision of 2 February 2023 on the request for waiver of the immunity of Nadine Morano (2022/2055(IMM))

23

2023/C 267/04

European Parliament decision of 2 February 2023 on the request for defence of the privileges and immunities of Helmut Geuking (2022/2052(IMM))

25

2023/C 267/05

European Parliament decision of 2 February 2023 on the request for waiver of the immunity of Nicolas Bay (2022/2054(IMM))

27

2023/C 267/06

European Parliament decision of 2 February 2023 on the request for waiver of the immunity of Andrea Cozzolino (2023/2006(IMM))

29

2023/C 267/07

European Parliament decision of 2 February 2023 on the request for waiver of the immunity of Marc Tarabella (2023/2005(IMM))

31

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| | III   Preparatory acts |
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| | European Parliament |
| | Thursday 2 February 2023 |
| 2023/C 267/08 | P9_TA(2023)0025European system of national and regional accounts in the European Union (ESA 2010)European Parliament legislative resolution of 2 February 2023 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 549/2013 and repealing 11 legal acts in the field of National Accounts (COM(2021)0776 — C9-0461/2021 — 2021/0407(COD))P9_TC1-COD(2021)0407Position of the European Parliament adopted at first reading on 2 February 2023 with a view to the adoption of Regulation (EU) 2023/... of the European Parliament and of the Council amending Regulation (EU) No 549/2013 on the European system of national and regional accounts in the European Union and repealing 11 legal acts in the field of national accounts | 33 |
| 2023/C 267/09 | P9_TA(2023)0026Conservation of the Southern Bluefin Tuna: conservation and management measuresEuropean Parliament legislative resolution of 2 February 2023 on the proposal for a regulation of the European Parliament and of the Council laying down conservation and management measures for the Conservation of the Southern Bluefin Tuna (COM(2021)0424 — C9-0344/2021 — 2021/0242(COD))P9_TC1-COD(2021)0242Position of the European Parliament adopted at first reading on 2 February 2023 with a view to the adoption of Regulation (EU) 2023/... of the European Parliament and of the Council laying down conservation and management measures for the conservation of southern bluefin tuna | 35 |
| 2023/C 267/10 | Amendments adopted by the European Parliament on 2 February 2023 on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising (COM(2021)0731 — C9-0433/2021 — 2021/0381(COD)) | 36 |

III   Preparatory acts

European Parliament

Thursday 2 February 2023

2023/C 267/08

P9_TA(2023)0025European system of national and regional accounts in the European Union (ESA 2010)European Parliament legislative resolution of 2 February 2023 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 549/2013 and repealing 11 legal acts in the field of National Accounts (COM(2021)0776 — C9-0461/2021 — 2021/0407(COD))P9_TC1-COD(2021)0407Position of the European Parliament adopted at first reading on 2 February 2023 with a view to the adoption of Regulation (EU) 2023/... of the European Parliament and of the Council amending Regulation (EU) No 549/2013 on the European system of national and regional accounts in the European Union and repealing 11 legal acts in the field of national accounts

33

2023/C 267/09

P9_TA(2023)0026Conservation of the Southern Bluefin Tuna: conservation and management measuresEuropean Parliament legislative resolution of 2 February 2023 on the proposal for a regulation of the European Parliament and of the Council laying down conservation and management measures for the Conservation of the Southern Bluefin Tuna (COM(2021)0424 — C9-0344/2021 — 2021/0242(COD))P9_TC1-COD(2021)0242Position of the European Parliament adopted at first reading on 2 February 2023 with a view to the adoption of Regulation (EU) 2023/... of the European Parliament and of the Council laying down conservation and management measures for the conservation of southern bluefin tuna

35

2023/C 267/10

Amendments adopted by the European Parliament on 2 February 2023 on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising (COM(2021)0731 — C9-0433/2021 — 2021/0381(COD))

36

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EN

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28.7.2023

| 28.7.2023 | EN | Official Journal of the European Union | C 267/1 |
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EN

Official Journal of the European Union

C 267/1

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EUROPEAN PARLIAMENT

2022-2023 SESSION

Sittings of 1 to 2 February 2023

TEXTS ADOPTED

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Thursday 2 February 2023

| 28.7.2023 | EN | Official Journal of the European Union | C 267/2 |
| --- | --- | --- | --- |

28.7.2023

EN

Official Journal of the European Union

C 267/2

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P9_TA(2023)0028

Revision of the European Works Councils Directive

European Parliament resolution of 2 February 2023 with recommendations to the Commission on Revision of European Works Councils Directive (2019/2183(INL))

(2023/C 267/01)

The European Parliament,

| — | having regard to Article 3(3) of the Treaty on European Union (TEU), |
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—

having regard to Article 3(3) of the Treaty on European Union (TEU),

| — | having regard to Article 9, Article 151, Article 153(1)(e) and (f) and Article 225 of the Treaty on the Functioning of the European Union (TFEU), |
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—

having regard to Article 9, Article 151, Article 153(1)(e) and (f) and Article 225 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Articles 12, 27, 28, 30, 31 and 47 of the Charter of Fundamental Rights of the European Union (Charter), |
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—

having regard to Articles 12, 27, 28, 30, 31 and 47 of the Charter of Fundamental Rights of the European Union (Charter),

| — | having regard to Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (1), |
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—

having regard to Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (1),

| — | having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (2), |
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—

having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (2),

| — | having regard to Council Directives 2001/86/EC of 8 October 2001 supplementing the Statute for a European Company with regard to the involvement of employees (3) and 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees (4), |
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—

having regard to Council Directives 2001/86/EC of 8 October 2001 supplementing the Statute for a European Company with regard to the involvement of employees (3) and 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees (4),

| — | having regard to Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (5), |
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—

having regard to Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (5),

| — | having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (6), |
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—

having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (6),

| — | having regard to Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (7), |
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—

having regard to Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (7),

| — | having regard to Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (8), |
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—

having regard to Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (8),

| — | having regard to Parliament’s European Added Value Assessments of November 2012 entitled ‘European added value of an EU measure on information and consultation of workers, anticipation and management of restructuring processes’ and of January 2021 entitled ‘European works councils (EWCs) — Legislative-initiative procedure: Revision of European Works Councils Directive’, |
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—

having regard to Parliament’s European Added Value Assessments of November 2012 entitled ‘European added value of an EU measure on information and consultation of workers, anticipation and management of restructuring processes’ and of January 2021 entitled ‘European works councils (EWCs) — Legislative-initiative procedure: Revision of European Works Councils Directive’,

| — | having regard to its resolution of 21 January 2021 on the new EU Strategy for Gender Equality (9), |
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—

having regard to its resolution of 21 January 2021 on the new EU Strategy for Gender Equality (9),

| — | having regard to its resolution of 16 December 2021 on democracy at work: a European framework for employees’ participation rights and the revision of the European Works Council Directive (10), |
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—

having regard to its resolution of 16 December 2021 on democracy at work: a European framework for employees’ participation rights and the revision of the European Works Council Directive (10),

| — | having regard to the study of the European Economic and Social Committee of 31 August 2020 on an EU legal framework on safeguarding and strengthening workers’ information, consultation and participation, |
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—

having regard to the study of the European Economic and Social Committee of 31 August 2020 on an EU legal framework on safeguarding and strengthening workers’ information, consultation and participation,

| — | having regard to the University of Leuven research project of May 2016 entitled ‘European Works Councils on the Move: Management Perspectives on the Development of a Transnational Institution for Social Dialogue’, |
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—

having regard to the University of Leuven research project of May 2016 entitled ‘European Works Councils on the Move: Management Perspectives on the Development of a Transnational Institution for Social Dialogue’,

| — | having regard to the Commission’s study of 16 November 2018 on monitoring the application of the EU Quality Framework for anticipation of change and restructuring, |
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—

having regard to the Commission’s study of 16 November 2018 on monitoring the application of the EU Quality Framework for anticipation of change and restructuring,

| — | having regard to the Commission’s report of 14 May 2018 on the implementation by Member States of Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, |
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—

having regard to the Commission’s report of 14 May 2018 on the implementation by Member States of Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees,

| — | having regard to the Commission’s Staff Working Document of 14 May 2018, entitled ‘Evaluation, accompanying the document Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee Report on the implementation by Member States of Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees’, |
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—

having regard to the Commission’s Staff Working Document of 14 May 2018, entitled ‘Evaluation, accompanying the document Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee Report on the implementation by Member States of Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees’,

| — | having regard to the Commission communication of 4 March 2021 on the European Pillar of Social Rights Action Plan (COM(2021)0102) (the ‘Pillar’), |
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—

having regard to the Commission communication of 4 March 2021 on the European Pillar of Social Rights Action Plan (COM(2021)0102) (the ‘Pillar’),

| — | having regard to the opinion of the European Economic and Social Committee of 17 October 2018 on the package on European company law (11), |
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—

having regard to the opinion of the European Economic and Social Committee of 17 October 2018 on the package on European company law (11),

| — | having regard to the European Council’s Porto Social Commitment of 7 May 2021 and its Porto Declaration of 8 May 2021, |
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—

having regard to the European Council’s Porto Social Commitment of 7 May 2021 and its Porto Declaration of 8 May 2021,

| — | having regard to Rules 47 and 54 of its Rules of Procedure, |
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—

having regard to Rules 47 and 54 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs (A9-0295/2022), |
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—

having regard to the report of the Committee on Employment and Social Affairs (A9-0295/2022),

| A. | whereas the number of multinational undertakings with assets or plants in several countries in 2015 was around 45 times higher than during the 1990s (12); |
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A.

whereas the number of multinational undertakings with assets or plants in several countries in 2015 was around 45 times higher than during the 1990s (12);

| B. | whereas democracy and democracy at work are core values of the Union; whereas the freedom of assembly, workers’ right to information and consultation, and the right to collective bargaining and action are fundamental rights protected by the Charter and contribute to an economically, socially and environmentally sustainable future; whereas Principle 8 No of the Pillar envisages the importance of the involvement of workers on matters relevant to them; |
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B.

whereas democracy and democracy at work are core values of the Union; whereas the freedom of assembly, workers’ right to information and consultation, and the right to collective bargaining and action are fundamental rights protected by the Charter and contribute to an economically, socially and environmentally sustainable future; whereas Principle 8 No of the Pillar envisages the importance of the involvement of workers on matters relevant to them;

| C. | whereas, according to Article 151 TFEU, the Union and the Member States have as their objectives the promotion of employment, improved living and working conditions; whereas, to that end the Union and the Member States are to implement measures which take account of the diverse forms of national practices, in particular in the field of contractual relations and the need to maintain the competitiveness of the Union economy; whereas the TFEU states that such a development will ensue not only from the functioning of the internal market, but also from the procedures provided for in the Treaties in the field of employment and social policy and from the approximation of provisions laid down by law, regulation or administrative action; |
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C.

whereas, according to Article 151 TFEU, the Union and the Member States have as their objectives the promotion of employment, improved living and working conditions; whereas, to that end the Union and the Member States are to implement measures which take account of the diverse forms of national practices, in particular in the field of contractual relations and the need to maintain the competitiveness of the Union economy; whereas the TFEU states that such a development will ensue not only from the functioning of the internal market, but also from the procedures provided for in the Treaties in the field of employment and social policy and from the approximation of provisions laid down by law, regulation or administrative action;

| D. | whereas social dialogue, including employee information and consultation, is a key element of the European social model and whereas European Works Councils (EWCs) reflect the importance attached to workers’ representation; whereas the rule of law is one of the fundamental values of the Union, enshrined in Article 2 TEU, and a prerequisite for the protection of all other fundamental values of the Union, including fundamental rights, democracy, and the effective application of Union law on informing and consulting workers; |
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D.

whereas social dialogue, including employee information and consultation, is a key element of the European social model and whereas European Works Councils (EWCs) reflect the importance attached to workers’ representation; whereas the rule of law is one of the fundamental values of the Union, enshrined in Article 2 TEU, and a prerequisite for the protection of all other fundamental values of the Union, including fundamental rights, democracy, and the effective application of Union law on informing and consulting workers;

| E. | whereas well-functioning EWCs play a significant role in ensuring the proper management of multinational undertakings; |
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E.

whereas well-functioning EWCs play a significant role in ensuring the proper management of multinational undertakings;

| F. | whereas around 1 200 EWCs currently exist in the Union, with 18 000 individual representatives (13); |
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F.

whereas around 1 200 EWCs currently exist in the Union, with 18 000 individual representatives (13);

| G. | whereas under Article 2 TEU, equality is a founding value of the Union and whereas under Article 3(3) TEU, the Union shall promote equality between women and men; whereas Principle No 2 of the Pillar states that equality of treatment and opportunities between women and men must be ensured, including regarding participation in the labour market, terms and conditions of employment and career progression; |
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G.

whereas under Article 2 TEU, equality is a founding value of the Union and whereas under Article 3(3) TEU, the Union shall promote equality between women and men; whereas Principle No 2 of the Pillar states that equality of treatment and opportunities between women and men must be ensured, including regarding participation in the labour market, terms and conditions of employment and career progression;

| H. | whereas, according to figures from a European Trade Union Institute survey (14) in 2018, the vast majority of EWC members are men, and women constitute only 15,4 % of EWC members; whereas female EWC members are less likely to be found in more senior positions; whereas gender and pay gaps continue to exist in decision-making bodies, preventing women’s full participation in, or contribution to, economic and social life; |
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H.

whereas, according to figures from a European Trade Union Institute survey (14) in 2018, the vast majority of EWC members are men, and women constitute only 15,4 % of EWC members; whereas female EWC members are less likely to be found in more senior positions; whereas gender and pay gaps continue to exist in decision-making bodies, preventing women’s full participation in, or contribution to, economic and social life;

| I. | whereas the development of EWCs varies significantly across industrial sectors across Member States; whereas data indicates that a total of 992 EWCs are active and about 400 have been disbanded over time as a result of factors such as mergers, bankruptcy or dissolution (15); |
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I.

whereas the development of EWCs varies significantly across industrial sectors across Member States; whereas data indicates that a total of 992 EWCs are active and about 400 have been disbanded over time as a result of factors such as mergers, bankruptcy or dissolution (15);

| J. | whereas a study has shown that EWCs could have a positive impact in the transition to a carbon-neutral economy and that they can improve the organisation of work and decision-making (16); |
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J.

whereas a study has shown that EWCs could have a positive impact in the transition to a carbon-neutral economy and that they can improve the organisation of work and decision-making (16);

| K. | whereas despite having the right to express an opinion, EWC members seem to have little influence in the decision-making process in their undertakings, in particular in cases of restructuring; |
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K.

whereas despite having the right to express an opinion, EWC members seem to have little influence in the decision-making process in their undertakings, in particular in cases of restructuring;

| L. | whereas EWCs should be perceived by employers as being useful tools, bringing benefits to all parties in many ways, such as improving common understanding of issues and decisions, and contributing to transnational social dialogue at the level of the undertaking; |
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L.

whereas EWCs should be perceived by employers as being useful tools, bringing benefits to all parties in many ways, such as improving common understanding of issues and decisions, and contributing to transnational social dialogue at the level of the undertaking;

| M. | whereas penalties for failure to consult workers in most Member States consist of financial penalties that range from EUR 23 to EUR 187 515 (17) and therefore in many cases fail to be effective, dissuasive and proportionate; |
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M.

whereas penalties for failure to consult workers in most Member States consist of financial penalties that range from EUR 23 to EUR 187 515 (17) and therefore in many cases fail to be effective, dissuasive and proportionate;

| N. | whereas the way in which EWCs and special negotiating bodies can access justice varies in the different Member States according to their respective national systems, ranging from those granting legal personality to EWCs to those allowing EWCs to act in proceedings through their members or a trade union (18); |
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N.

whereas the way in which EWCs and special negotiating bodies can access justice varies in the different Member States according to their respective national systems, ranging from those granting legal personality to EWCs to those allowing EWCs to act in proceedings through their members or a trade union (18);

| O. | whereas EWCs have full legal personality only in four Member States (Austria, France, Romania and Sweden), allowing EWC members to initiate judicial proceedings on behalf of the EWC and to represent the EWC in relations with third parties (19); whereas the Commission has received only one formal complaint on the implementation of Directive 2009/38/EC; whereas litigation remains limited at national level due to the difficulties in accessing justice and the lack of clear provisions with regard to EWCs and special negotiating bodies in Directive 2009/38/EC; |
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O.

whereas EWCs have full legal personality only in four Member States (Austria, France, Romania and Sweden), allowing EWC members to initiate judicial proceedings on behalf of the EWC and to represent the EWC in relations with third parties (19); whereas the Commission has received only one formal complaint on the implementation of Directive 2009/38/EC; whereas litigation remains limited at national level due to the difficulties in accessing justice and the lack of clear provisions with regard to EWCs and special negotiating bodies in Directive 2009/38/EC;

| P. | whereas the success and positive impact of EWCs require a relation of trust between the EWC and the management based on a constructive dialogue which can be influenced by the industrial relations culture in each Member State; whereas there is evidence that early consultation can have a substantial impact on job security during restructuring processes and worker consultation and participation is essential in ensuring workers’ well-being and can have a positive impact on job quality (20); whereas EWCs play a crucial role in the Europeanisation of industrial relations; |
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P.

whereas the success and positive impact of EWCs require a relation of trust between the EWC and the management based on a constructive dialogue which can be influenced by the industrial relations culture in each Member State; whereas there is evidence that early consultation can have a substantial impact on job security during restructuring processes and worker consultation and participation is essential in ensuring workers’ well-being and can have a positive impact on job quality (20); whereas EWCs play a crucial role in the Europeanisation of industrial relations;

| Q. | whereas gaps and the lack of enforcement of Directive 2009/38/EC contributes to a fragmented uptake of workers’ rights of information and consultation on transnational matters across the Union; |
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Q.

whereas gaps and the lack of enforcement of Directive 2009/38/EC contributes to a fragmented uptake of workers’ rights of information and consultation on transnational matters across the Union;

| R. | whereas the concept of transnationality remains difficult to interpret and abstract in concrete cases (21) for both members of EWCs and the central management; |
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R.

whereas the concept of transnationality remains difficult to interpret and abstract in concrete cases (21) for both members of EWCs and the central management;

| S. | whereas although the use of confidentiality clauses, based on Article 8 of Directive 2009/38/EC, could be justified in certain cases, abusive reliance on that Article constitutes an obstacle for effective information and consultation rights (22); |
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S.

whereas although the use of confidentiality clauses, based on Article 8 of Directive 2009/38/EC, could be justified in certain cases, abusive reliance on that Article constitutes an obstacle for effective information and consultation rights (22);

| T. | whereas the social partners have played a key role in mitigating the impact of the COVID-19 pandemic in the workplace, such as the introduction of health and safety measures, the implementation of job retention schemes, and new forms of work organisation; whereas a significant number of restructuring processes are currently underway as a result of the COVID-19 crisis (23); whereas the consultation of workers and their ability to participate in negotiations and collective bargaining are essential to addressing the positive and negative impacts of restructuring; |
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T.

whereas the social partners have played a key role in mitigating the impact of the COVID-19 pandemic in the workplace, such as the introduction of health and safety measures, the implementation of job retention schemes, and new forms of work organisation; whereas a significant number of restructuring processes are currently underway as a result of the COVID-19 crisis (23); whereas the consultation of workers and their ability to participate in negotiations and collective bargaining are essential to addressing the positive and negative impacts of restructuring;

| U. | whereas recent research by Eurofound has demonstrated the impact of COVID-19 crisis on the functioning and establishment of EWCs, where mobility restrictions imposed by public health measures have halted progress in discussion about the establishment of new EWCs; whilst existing EWCs have largely moved to online meetings, enabling and contributing to a more active exchange, physical meetings should remain the norm provided that public health measures do not require otherwise; |
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U.

whereas recent research by Eurofound has demonstrated the impact of COVID-19 crisis on the functioning and establishment of EWCs, where mobility restrictions imposed by public health measures have halted progress in discussion about the establishment of new EWCs; whilst existing EWCs have largely moved to online meetings, enabling and contributing to a more active exchange, physical meetings should remain the norm provided that public health measures do not require otherwise;

| V. | whereas the implementation of Union law in the field of the informing and consulting of employees is fragmented and could result in a lack of legal certainty for employers and employees; whereas it is essential to reinforce the Union’s toolkit by an ambitious revision of Directive 2009/38/EC that reinforces workers' rights to information, consultation and participation; |
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V.

whereas the implementation of Union law in the field of the informing and consulting of employees is fragmented and could result in a lack of legal certainty for employers and employees; whereas it is essential to reinforce the Union’s toolkit by an ambitious revision of Directive 2009/38/EC that reinforces workers' rights to information, consultation and participation;

| W. | whereas more structured and proactive methods of information and consultation of employees' representatives could be provided for in the preparation of new corporate strategies and policies, with due regard of confidentiality clauses; whereas the social partners should be consulted with regard to the preparation and, where available, the implementation of the Member States’ Recovery and Resilience Plans; |
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W.

whereas more structured and proactive methods of information and consultation of employees' representatives could be provided for in the preparation of new corporate strategies and policies, with due regard of confidentiality clauses; whereas the social partners should be consulted with regard to the preparation and, where available, the implementation of the Member States’ Recovery and Resilience Plans;

| X. | whereas in its resolution of 9 June 2022 on the call for a Convention for the revision of the Treaties (24), Parliament called on the Council to incorporate a reference to social progress in Article 9 TFEU, with a link to a social progress protocol with the aim of enhancing social dialogue and supporting the strengthening of the competitiveness and resilience of the Union’s economy, paying particular attention to small and medium-sized enterprises and competitiveness checks and promoting future-oriented investments focused on the just, green and digital transitions; |
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X.

whereas in its resolution of 9 June 2022 on the call for a Convention for the revision of the Treaties (24), Parliament called on the Council to incorporate a reference to social progress in Article 9 TFEU, with a link to a social progress protocol with the aim of enhancing social dialogue and supporting the strengthening of the competitiveness and resilience of the Union’s economy, paying particular attention to small and medium-sized enterprises and competitiveness checks and promoting future-oriented investments focused on the just, green and digital transitions;

| Y. | whereas the disruptive impact on the economy and the labour market brought about by ongoing transformations such as technological development, digitalisation, the transition to a low-carbon economy, COVID-19 pandemic prevention measures and the economic and social recovery from the pandemic, as well as new forms of employment such as platform and remote work, should be accompanied by a revision of the Union's legislative instruments and practices to address existing challenges while also harnessing the potential of such transformations; |
| --- | --- |

Y.

whereas the disruptive impact on the economy and the labour market brought about by ongoing transformations such as technological development, digitalisation, the transition to a low-carbon economy, COVID-19 pandemic prevention measures and the economic and social recovery from the pandemic, as well as new forms of employment such as platform and remote work, should be accompanied by a revision of the Union's legislative instruments and practices to address existing challenges while also harnessing the potential of such transformations;

| Z. | whereas the use of digital tools such as videoconferencing systems should be used as a means to reinforce the rights provided for in Directive 2009/38/EC and the practical application of the Directive, but should never substitute the procedural obligations to inform and consult workers, such as the holding of regular, physical meetings between the EWCs and the central management; |
| --- | --- |

Z.

whereas the use of digital tools such as videoconferencing systems should be used as a means to reinforce the rights provided for in Directive 2009/38/EC and the practical application of the Directive, but should never substitute the procedural obligations to inform and consult workers, such as the holding of regular, physical meetings between the EWCs and the central management;

Call on the Commission to carry out the long-awaited revision of Directive 2009/38/EC

| 1. | Underlines that workers’ rights to information, consultation and participation play a crucial role in a the functioning of asocial market economy, in particular in the context of the labour market transformations arising from the green and digital transitions; stresses that EWCs are one of the key instruments by which to enhance democracy at the workplace on topics of transnational matters, enforce worker’s rights, increase employee engagement, and promote mutual trust between management and employees; believes that it is essential to strengthen EWCs and their ability to exercise their information and consultation rights, as well as to increase the number of EWCs, while taking into account the different industrial relations systems in the Member States; |
| --- | --- |

1.

| 2. | Reiterates the need to raise awareness and increase the visibility of EWCs and their potential benefits among employee and management representatives and for incentives to be created in favour of the development of EWCs, their wider use and effective enforcement; in this context, calls on the Commission to gather data on the undertakings falling under the scope of Directive 2009/38/EC; calls on the Commission to organise a high level conference in 2023 to mobilise undertakings falling under the scope of Directive 2009/38/EC, EWCs, the social partners within various sectors as well as national labour market institutions on the importance of EWCs in order to put this topic high on the policy agenda; |
| --- | --- |

2.

| 3. | Notes the significant contribution that the exchange of knowledge, experience and best practices can play in the further development of EWCs and in improving their functioning, including the creation of a platform for structured and regular exchange across Member States and sectors on best practices, in particular to increase the visibility of EWCs in sectors and Member States where their existence is limited; |
| --- | --- |

3.

| 4. | Calls on the Commission to support European trade unions organisations, and on the Member States to support most representative workers organisations provided for by national law or practice, to organise specialised trainings on EWCs’ rights in order for them to properly inform their members about the functionality of the EWCs, as well as to allocate resources to awareness raising campaigns; |
| --- | --- |

4.

| 5. | Recalls that EWCs are unique transnational bodies set up for the purpose of informing and consulting employees and building and promoting corporate identity and that EWC engagement can develop and promote corporate culture and cohesion; highlights the importance of employee representatives, in particular EWCs, participating meaningfully, after having been effectively informed and consulted, in the drawing up and implementation of decisions related to transnational matters which significantly affect workers’ interests; |
| --- | --- |

5.

| 6. | Highly regrets that the financial, material and legal resources needed to enable EWCs to perform their duties in an appropriate manner are not always provided by the central management; is concerned about the difficulties of EWCs to access financial support provided by the Commission and stresses the urgent need to facilitate the application procedure and reduce all administrative burdens to access this funding; calls on the Commission to monitor the transposition of Directive 2009/38/EC and to institute infringement procedures where appropriate; |
| --- | --- |

6.

| 7. | Reiterates its call on the Commission to bring forward a proposal for revision of Directive 2009/38/EC with a view to clarifying its objectives, definitions and procedures, strengthening the right of employee representatives to information and consultation, particularly during restructuring processes, according to the recommendations contained in its resolution of 16 December 2021; |
| --- | --- |

7.

| 8. | Calls on the Commission, in the context of the forthcoming revision, to explore the merits of including contracts which enable structurally independent undertakings to influence one another's operation and business decisions (such as franchising or management contracts) (25) within the scope of Directive 2009/38/EC in order to prevent possible gaps; |
| --- | --- |

8.

Ensuring timely and meaningful consultation

| 9. | Acknowledges that Directive 2009/38/EC has led to improvements regarding the establishment and functioning of EWCs; regrets, however, that EWCs still face major difficulties to enforce their rights, especially on timely information and prior and effective consultation on matters of transnational character that could have an impact on jobs and working conditions of the workforce in Europe, including changes deriving from the green and digital transitions; |
| --- | --- |

9.

| 10. | Underlines that the definition and consequential interpretation of what matters are to be regarded as ‘transnational issues’ remains vague and subject to interpretation, thus resulting in a fragmented transposition and implementation of Directive 2009/38/EC by the Member States and a resulting fragmented application by undertakings; highlights the fact that the definition needs to be precise and comprehensive and that the scope of possible effects, as well as the relevant level of management and representation it involves, are missing elements which need to be considered when determining the transnational character of a matter; reiterates its call to clarify the concept of the ‘transnational character of a matter’ in Directive 2009/38/EC; |
| --- | --- |

10.

| 11. | Regrets that the timely manner of consultation remains an issue where the employees’ representatives opinion may be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on the proposed measure has already been taken; regrets that the lack of management obligation to take an opinion into account often results in the input being disregarded or failing to have an actual impact on the proposed measure at hand; reiterates its call on the Commission and the Member States to promote the strengthening of information and consultation rights, and meaningful consultation processes; calls for a revised definition of the term ‘consultation’ in Directive 2009/38/EC, in order to ensure that the EWC’s opinion is taken into account in the decisions of undertakings and that opinion is delivered before the completion of the consultation at the relevant level, before the governing bodies of the undertaking come to a decision, and in such a way as to enable the EWC to obtain a reasoned response to its opinion in accordance with Directive 2002/14/EC; |
| --- | --- |

11.

| 12. | Stresses the importance of ensuring that undertakings or groups of undertakings can take decisions effectively; |
| --- | --- |

12.

| 13. | Underlines the need for EWC members to have timely access to meaningful and up-to-date information about envisaged decisions of a transnational character, and stresses the importance of sufficient time and resources to assess, evaluate and discuss the information received with the support of available experts; stresses the importance of ensuring good communication and cooperation between the central management and the EWC, including board level employee representation, in order to ensure that workers’ rights to information, consultation and participation are properly respected; |
| --- | --- |

13.

Strengthening subsidiary requirements

| 14. | Notes that the three-year delay following a request before the subsidiary requirements apply, in the event of a failure to conclude an agreement, is excessive, is often not used effectively and is to the disadvantage of workers; reiterates its call to strengthen the subsidiary requirements in Directive 2009/38/EC which provide a basis for negotiated agreements; underlines that the right of EWCs to have an annual meeting with the central management is insufficient and should be increased to biannual meetings in order to improve the practical functioning, impact and management of EWCs; |
| --- | --- |

14.

Clarifying the scope of confidentiality

| 15. | Highlights the fact that the Member States’ implementation of confidentiality provisions is fragmented due to the lack of a clear definition and therefore calls for a clear definition of confidential information; stresses in this context that further efforts by Member State are needed in order to specify and clarify precisely the conditions under which the central management is not required to pass on information which could be harmful; reiterates its call (26) to prevent the abuse of confidentiality rules as a means to limit access to information and effective participation, and calls on the Commission in the context of the revision of Directive 2009/38/EC to require Member States to clearly define in what cases confidentiality is justified in order to restrict the access to information; |
| --- | --- |

15.

Improving dispute resolution

| 16. | Stresses that in cases of disagreement on whether to undertake an information or consultation procedure, there is a lack of guidance on how to resolve the negative effects that such disagreements may have on EWC members and employees’ representatives; stresses, therefore, the added value that Union initiatives could have in providing such guidance; |
| --- | --- |

16.

Introducing effective, dissuasive and proportionate penalties

| 17. | Is concerned about the fragmented and insufficient compliance with Directive 2009/38/EC across the Union and stresses the need to ensure proper, effective and timely compliance, implementation and enforcement of the Directive for the benefit of workers throughout the Union; |
| --- | --- |

17.

| 18. | Calls in this regard for reinforced rules and procedures and other measures, such as introducing in Directive 2009/38/EC a right to request a preliminary injunction in national courts or other competent authorities for a temporary suspension of the implementation of management decisions until the procedure for informing and consulting the EWC has taken place at the relevant level of management and representation and in such a way as to enable a reasoned response from the management in accordance with that Directive; |
| --- | --- |

18.

| 19. | Regrets that in many Member States penalties for non-compliance are not effective, dissuasive or proportionate as required by Directive 2009/38/EC; stresses that the provisions governing Member State penalties needs to be strengthened in order to improve compliance with Directive 2009/38/EC, while at the same time ensuring that it does not create a burden to the business; reiterates its call on the Commission to revise the Directive 2009/38/EC with a view to introducing effective, dissuasive and proportionate penalties in order to secure compliance; |
| --- | --- |

19.

Ending the exemption of pre-Directive agreements

| 20. | Stresses that more than 25 years after the adoption of the first EWC Directive (27), many pre-Directive agreements are still in force and have not been adapted to the requirements of Directive 2009/38/EC; believes that it is essential that all EWC agreements are governed by the same rights and obligations, in order to ensure equal treatment of workers, access to the application of high Union standards, and legal certainty; reiterates its previous call on the Commission and the Member States to put an end to the exemption for the so-called voluntary pre-Directive agreements and calls for a revision of the relevant provisions of Directive 2009/38/EC with the view to creating a regulatory level-playing field governing the functioning of EWCs; |
| --- | --- |

20.

Ensuring access to justice

| 21. | Highlights the importance of EWCs having access to courts or national competent labour authorities; deplores the fact that EWCs experience obstacles to exercise their rights to information and consultation as defined in Directive 2009/38/EC; regrets that in some Member States the courts or authorities competent to provide advice or to hear or determine disputes related to EWCs do not have the expertise in the issues provided for in that Directive; reiterates its call on the Member States to ensure facilitated administrative and legal proceedings for an effective access to justice for EWCs and special negotiating bodies, and for the specification of legal status, including granting legal personality, of EWCs and special negotiating bodies, as part of the Commission’s impact assessment; |
| --- | --- |

21.

| 22. | Stresses the right of workers and employers, or their respective organisations, to engage in collective bargaining and the freedom of assembly, and that there should be no interference from employers which would restrict those rights and that employees’ representatives in EWCs should be protected in the exercise of their rights against any retaliation practices; |
| --- | --- |

22.

| 23. | Highlights the importance of inclusive labour markets and that a comprehensive approach is required to achieve gender equality in the workplace; regrets that much remains to be done in order to ensure equal opportunities and stresses the need to ensure greater participation of women and persons with disabilities in the labour market; underlines the importance of ensuring a gender balanced composition in EWCs and stresses that EWC members and other employees’ representatives bodies can be useful tools in this context; |
| --- | --- |

23.

| 24. | Requests that the Commission submit, by 31 January 2024, on the basis of Article 153(1)(e) TFEU, a proposal for a revision of Directive 2009/38/EC, following the recommendations set out in the Annex hereto; |
| --- | --- |

24.

o

o o

| 25. | Instructs its President to forward this resolution and the accompanying recommendations to the Commission and the Council. |
| --- | --- |

25.

---

(1)  OJ L 122, 16.5.2009, p. 28.

(2)  OJ L 80, 23.3.2002, p. 29.

(3)  OJ L 294, 10.11.2001, p. 22.

(4)  OJ L 207, 18.8.2003, p. 25.

(5)  OJ L 225, 12.8.1998, p. 16.

(6)  OJ L 303, 2.12.2000, p. 16.

(7)  OJ L 82, 22.3.2001, p. 16.

(8)  OJ L 157, 15.6.2016, p. 1.

(9)  Text adopted, P9_TA(2021)0025.

(10)  Text adopted, P9_TA(2021)0508.

(11)  https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52018AE1917&rid=3

(12)  European Economic and Social Committee study of 31 August 2020, p. 24.

(13)  European Economic and Social Committee study of 31 August 2020, p. 25.

(14)  ETUI. Can anybody hear us? An overview of the 2018 survey of EWC and SEWC representatives (2019).

(15)  https://www.eurofound.europa.eu/fr/node/52251

(16)  https://www.boeckler.de/en/faust-detail.htm?sync_id=8473

(17)  Commission Staff Working Document of 14 May 2018, pp. 33 to 35.

(18)  Commission Staff Working Document of 14 May 2018, p. 34.

(19)  Commission Staff Working Document of 14 May 2018, p. 34.

(20)  Parliament’s European added value assessment of November 2012.

(21)  Commission Staff Working Document of 14 May 2018, p. 6.

(22)  Commission Staff Working Document of 14 May 2018, p. 27-28.

(23)  https://www.eurofound.europa.eu/publications/report/2020/erm-report-2020-restructuring-across-borders

(24)  OJ C 493, 27.12.2022, p. 130.

(25)  Management contracts are agreements by means of which one undertaking, whilst remaining an independent structure, confers its day-to-day operation to another undertaking. The managing undertaking can thus control the employees of the managed undertaking without owning the business as such.

(26)  P9_TA(2021)0508, paragraph 30.

(27)  Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (OJ L 254, 30.9.1994, p. 64).

---

ANNEX TO THE RESOLUTION:

RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

The European Parliament requests that the Commission submit a proposal to amend Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, based on the following recommendations:

| 1. | The green and digital transitions create opportunities and challenges for labour markets, employers and employees. To find sustainable solutions to labour market changes, employees, employers and citizens should be encouraged to participate in the democratic systems and decision-making processes. |
| --- | --- |

1.

The green and digital transitions create opportunities and challenges for labour markets, employers and employees. To find sustainable solutions to labour market changes, employees, employers and citizens should be encouraged to participate in the democratic systems and decision-making processes.

| 2. | European Works Councils are undoubtedly a success story and an important pillar of the European social model. Nearly three decades have passed since the adoption and transposition of Directive 94/45/EC and over a decade has passed since the adoption of Directive 2009/38/EC. There is no longer any justification to exempt agreements signed prior to Directive 94/45/EC, or to retain that otherwise obsolete Directive for agreements signed or amended during the transposition period of Directive 2009/38/EC. Therefore, agreements exempted under Article 14 of Directive 2009/38/EC should be brought into the scope of that Directive. |
| --- | --- |

2.

European Works Councils are undoubtedly a success story and an important pillar of the European social model. Nearly three decades have passed since the adoption and transposition of Directive 94/45/EC and over a decade has passed since the adoption of Directive 2009/38/EC. There is no longer any justification to exempt agreements signed prior to Directive 94/45/EC, or to retain that otherwise obsolete Directive for agreements signed or amended during the transposition period of Directive 2009/38/EC. Therefore, agreements exempted under Article 14 of Directive 2009/38/EC should be brought into the scope of that Directive.

| 3. | Certain decisions having a potential significant direct or indirect effect on the interests of employees must be the subject of information and consultation of the employees’ appointed representatives as soon as possible. |
| --- | --- |

3.

Certain decisions having a potential significant direct or indirect effect on the interests of employees must be the subject of information and consultation of the employees’ appointed representatives as soon as possible.

| 4. | Although Directives 94/45/EC and 2009/38/EC established transnational collective labour rights on information and consultation, those rights are in practice often not respected and have proven very difficult to enforce. In many cases employers have implemented measures with transnational issues without informing and consulting the European Works Council (Renault Vilvoorde) (1), and European Works Councils are frequently informed and consulted only after measures with transnational issues have been implemented. Therefore, provisions enabling the effective enforcement should be established. |
| --- | --- |

4.

Although Directives 94/45/EC and 2009/38/EC established transnational collective labour rights on information and consultation, those rights are in practice often not respected and have proven very difficult to enforce. In many cases employers have implemented measures with transnational issues without informing and consulting the European Works Council (Renault Vilvoorde) (1), and European Works Councils are frequently informed and consulted only after measures with transnational issues have been implemented. Therefore, provisions enabling the effective enforcement should be established.

Directive 2009/38/EC is amended as follows:

| (1) | in Article 1, paragraph 4 is replaced by the following:

  ‘4.   Matters shall be considered to be transnational where their potential effects concern, directly or indirectly, a Union-scale undertaking or a Union-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.


  4a.   In order to determine the transnational character of a matter, the scope of its possible effects and the level of management and representation involved shall be taken into account. This includes matters which, irrespective of the number of Member States involved, are of concern to workers in terms of the scope of their potential impact, as well as matters which involve the transfer of activities between two or more Member States. Undertakings or establishments situated in different Member States are deemed to be concerned where it can be reasonably expected that a matter affecting one undertaking or establishment entails, or may entail in the foreseeable future, effects on undertakings or establishments in other Member States, including where decisions envisaged by an undertaking or a group of undertakings are taken in a Member State other than that in which those effects are produced.’
  ; |
| --- | --- |

(1)

in Article 1, paragraph 4 is replaced by the following:

‘4.   Matters shall be considered to be transnational where their potential effects concern, directly or indirectly, a Union-scale undertaking or a Union-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.

4a.   In order to determine the transnational character of a matter, the scope of its possible effects and the level of management and representation involved shall be taken into account. This includes matters which, irrespective of the number of Member States involved, are of concern to workers in terms of the scope of their potential impact, as well as matters which involve the transfer of activities between two or more Member States. Undertakings or establishments situated in different Member States are deemed to be concerned where it can be reasonably expected that a matter affecting one undertaking or establishment entails, or may entail in the foreseeable future, effects on undertakings or establishments in other Member States, including where decisions envisaged by an undertaking or a group of undertakings are taken in a Member State other than that in which those effects are produced.’

| (2) | in Article 2, paragraph 1 is amended as follows:






  (a) | point (d) is replaced by the following:






  ‘(d) | “employees” representatives’ means trade unions or the employees’ representatives provided for by national law or practice’; |
| --- | --- | --- | --- |

(2)

in Article 2, paragraph 1 is amended as follows:

(a)

point (d) is replaced by the following:

‘(d)

“employees” representatives’ means trade unions or the employees’ representatives provided for by national law or practice’;

| (b) | point (g) is replaced by the following:






  ‘(g) | “consultation” means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees’ representatives to express a prior opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which is to be taken into account within the Union-scale undertaking or Union-scale group of undertakings. Consultation shall take place in such a way as to enable employees’ representatives to obtain a reasoned response in due time from the central management prior to the adoption of the decision;’ |
| --- | --- | --- |

(b)

point (g) is replaced by the following:

‘(g)

“consultation” means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees’ representatives to express a prior opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which is to be taken into account within the Union-scale undertaking or Union-scale group of undertakings. Consultation shall take place in such a way as to enable employees’ representatives to obtain a reasoned response in due time from the central management prior to the adoption of the decision;’

;

| (3) | Article 5 is amended as follows:






  (a) | paragraph 1 is replaced by the following:

  ‘1.   In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at written request, either jointly or separately, of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States.’
  ; |
| --- | --- | --- |

(3)

Article 5 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at written request, either jointly or separately, of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States.’

| (b) | the introductory wording of paragraph 2 is replaced by the following:

  ‘2.   For this purpose, a special negotiating body shall be established within six months of the date of a request pursuant to paragraph 1, with a possible 6-month extension, in accordance with the following guidelines:’
  ; |
| --- | --- |

(b)

the introductory wording of paragraph 2 is replaced by the following:

‘2.   For this purpose, a special negotiating body shall be established within six months of the date of a request pursuant to paragraph 1, with a possible 6-month extension, in accordance with the following guidelines:’

| (c) | in paragraph 2, point (b) is replaced by the following:






  ‘(b) | The members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the Union-scale undertaking or the Union-scale group of undertakings, in a manner that strives to achieve a gender-balanced representation, by allocating in respect of each Member State one seat per portion of employees employed in that Member State amounting to 10 %, or a fraction thereof, of the number of employees employed in all the Member States taken together;’ |
| --- | --- | --- |

(c)

in paragraph 2, point (b) is replaced by the following:

‘(b)

The members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the Union-scale undertaking or the Union-scale group of undertakings, in a manner that strives to achieve a gender-balanced representation, by allocating in respect of each Member State one seat per portion of employees employed in that Member State amounting to 10 %, or a fraction thereof, of the number of employees employed in all the Member States taken together;’

;

| (d) | in paragraph 4, the third subparagraph is replaced by the following:
  ‘For the purpose of the negotiations, the special negotiating body may request assistance from representatives of competent recognised Union-level trade union organisations and, if needed, further experts of its choice. Such experts and such trade union representatives may be present at negotiation meetings in an advisory capacity at the request of the special negotiating body.’; |
| --- | --- |

(d)

in paragraph 4, the third subparagraph is replaced by the following:

‘For the purpose of the negotiations, the special negotiating body may request assistance from representatives of competent recognised Union-level trade union organisations and, if needed, further experts of its choice. Such experts and such trade union representatives may be present at negotiation meetings in an advisory capacity at the request of the special negotiating body.’

| (e) | in paragraph 6, the second subparagraph is replaced by the following:
  ‘In compliance with this principle, Member States may lay down budgetary rules regarding the operation of the special negotiating body. They may in particular limit the funding to cover one expert only in addition to a representative of a recognised Union-level trade union organisation.’; |
| --- | --- |

(e)

in paragraph 6, the second subparagraph is replaced by the following:

‘In compliance with this principle, Member States may lay down budgetary rules regarding the operation of the special negotiating body. They may in particular limit the funding to cover one expert only in addition to a representative of a recognised Union-level trade union organisation.’

| (4) | The following article is inserted:

  ‘Article 5a
  Objectives with regard to gender balance on European Works Councils and select committees
  The central management and the special negotiating body, when establishing a new European Works Council, or the central management and the European Works Council, when renegotiating a European Works Council agreement, shall negotiate in a spirit of sincere cooperation the necessary arrangements in order to ensure that European Works Councils are subject to the following objectives:






  (a) | the underrepresented sex comprise at least 40 % of European Works Council members; |
| --- | --- | --- |

(4)

The following article is inserted:

‘Article 5a

Objectives with regard to gender balance on European Works Councils and select committees

The central management and the special negotiating body, when establishing a new European Works Council, or the central management and the European Works Council, when renegotiating a European Works Council agreement, shall negotiate in a spirit of sincere cooperation the necessary arrangements in order to ensure that European Works Councils are subject to the following objectives:

(a)

the underrepresented sex comprise at least 40 % of European Works Council members;

| (b) | members of the underrepresented sex hold at least 40 % of select committee positions. |
| --- | --- |

(b)

members of the underrepresented sex hold at least 40 % of select committee positions.

The number of European Works Council members and select committee positions deemed to be necessary to attain the objectives laid down in the first subparagraph shall be the number closest to the proportion of 40 %, but not exceeding 49 %.’

| (5) | in Article 6(2), point (b) is replaced by the following:






  ‘(b) | the composition of the European Works Council, the number of members, the allocation of seats, taking into account where possible the need for balanced representation of employees with regard to their activities and category, and the term of office, including, when allocating the seats, a set of procedural requirements to attain a gender-balanced representation;’ |
| --- | --- | --- |

(5)

in Article 6(2), point (b) is replaced by the following:

‘(b)

the composition of the European Works Council, the number of members, the allocation of seats, taking into account where possible the need for balanced representation of employees with regard to their activities and category, and the term of office, including, when allocating the seats, a set of procedural requirements to attain a gender-balanced representation;’

;

| (6) | in Article 7(1), the second and third indents are replaced by the following:






  ‘— | where the first meeting of the special negotiating body is not convened within six months following a request pursuant to Article 5(1), |
| --- | --- | --- |

(6)

in Article 7(1), the second and third indents are replaced by the following:

‘—

where the first meeting of the special negotiating body is not convened within six months following a request pursuant to Article 5(1),

| — | where, after 18 months from the date of such a request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5(5).’ |
| --- | --- |

—

where, after 18 months from the date of such a request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5(5).’

;

| (7) | in Article 8, paragraphs 1 and 2 are replaced by the following (2):

  ‘1.   Member States shall ensure that members of special negotiating bodies or of European Works Councils and any experts who assist them, within the conditions and limits laid down by Union and national law and subject to objective criteria, are not authorised to reveal any information which, in the legitimate interest of the undertaking or establishment has expressly been provided to them in confidence;
  The same shall apply to employees’ representatives in the framework of an information and consultation procedure.
  That obligation shall continue to apply, wherever the persons referred to in the first and second subparagraphs are, even after the expiry of their terms of office:
  This paragraph shall not apply to members of the European Works Council who reveal information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality.
  The central management shall provide the members of the European Works Council with the objective criteria referred to in paragraph 2 and shall determine the duration of the confidentiality requirements.


  2.   Each Member State shall define, in specific and substantiated cases and under the conditions and limits laid down by national legislation, that the central management situated in its territory is not obliged to transmit information when its nature is such that, according to objective criteria, it would seriously harm the functioning of the undertakings concerned.
  A Member State shall make such dispensation subject to prior administrative or judicial authorisation.’
  ; |
| --- | --- |

(7)

in Article 8, paragraphs 1 and 2 are replaced by the following (2):

2

‘1.   Member States shall ensure that members of special negotiating bodies or of European Works Councils and any experts who assist them, within the conditions and limits laid down by Union and national law and subject to objective criteria, are not authorised to reveal any information which, in the legitimate interest of the undertaking or establishment has expressly been provided to them in confidence;

The same shall apply to employees’ representatives in the framework of an information and consultation procedure.

That obligation shall continue to apply, wherever the persons referred to in the first and second subparagraphs are, even after the expiry of their terms of office:

This paragraph shall not apply to members of the European Works Council who reveal information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality.

The central management shall provide the members of the European Works Council with the objective criteria referred to in paragraph 2 and shall determine the duration of the confidentiality requirements.

2.   Each Member State shall define, in specific and substantiated cases and under the conditions and limits laid down by national legislation, that the central management situated in its territory is not obliged to transmit information when its nature is such that, according to objective criteria, it would seriously harm the functioning of the undertakings concerned.

A Member State shall make such dispensation subject to prior administrative or judicial authorisation.’

| (8) | in Article 9, the following paragraphs are added:
  ‘An information and consultation procedure shall be initiated within a timeframe and in such a manner that allows the European Works Council to undertake meaningful consultation of relevant employees’ representatives at national and local level with the aim of delivering its opinion before the end of the consultation procedure at the relevant level.
  If there is a dispute between the central management and the European Works Council or the employees' representatives as to whether an information and consultation is to be carried out, the central management shall provide duly substantiated grounds in writing for the reasons why the information and consultation requirements under this Directive or under agreements concluded pursuant thereto do not apply, including the reasons that justify the absence of transnational issues.
  In so far as it is necessary for the European Works Council to carry out its tasks, the European Works Council or the select committee may request assistance from experts of its choice. Such experts may include representatives of competent recognised Union-level trade union organisations. At the request of the European Works Council, such experts shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity.
  In accordance with this Article, the Member States may lay down budgetary rules regarding the operation of the European Works Council. They may in particular limit the funding to cover the seeking assistance of only one expert in addition to a representative of a recognised Union-level trade union organisation.’; |
| --- | --- |

(8)

in Article 9, the following paragraphs are added:

‘An information and consultation procedure shall be initiated within a timeframe and in such a manner that allows the European Works Council to undertake meaningful consultation of relevant employees’ representatives at national and local level with the aim of delivering its opinion before the end of the consultation procedure at the relevant level.

If there is a dispute between the central management and the European Works Council or the employees' representatives as to whether an information and consultation is to be carried out, the central management shall provide duly substantiated grounds in writing for the reasons why the information and consultation requirements under this Directive or under agreements concluded pursuant thereto do not apply, including the reasons that justify the absence of transnational issues.

In so far as it is necessary for the European Works Council to carry out its tasks, the European Works Council or the select committee may request assistance from experts of its choice. Such experts may include representatives of competent recognised Union-level trade union organisations. At the request of the European Works Council, such experts shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity.

In accordance with this Article, the Member States may lay down budgetary rules regarding the operation of the European Works Council. They may in particular limit the funding to cover the seeking assistance of only one expert in addition to a representative of a recognised Union-level trade union organisation.’

| (9) | Article 10 is replaced by the following:

  ‘Article 10
  Role and protection of employees’ representatives

  1.   Without prejudice to the competence of other bodies or organisations in this respect, the members of the special negotiating body and the members of the European Works Council shall have the means and legal capacity required to apply the rights arising from this Directive, to represent collectively the interests of the employees of the Union-scale undertaking or Union-scale group of undertakings.;


  2.   Without prejudice to Article 8, the members of the European Works Council shall have the right and necessary resources to inform the representatives of the employees of the establishments or of the undertakings of a Union-scale group of undertakings or, in the absence of representatives, the workforce as a whole, of the content and outcome of the information and consultation procedure carried out and whenever it deems it necessary to perform its tasks deriving from this Directive, in particular before and after its meetings.


  3.   Members of special negotiating bodies, members of European Works Councils and employees’ representatives exercising their functions under the procedure referred to in Article 6(3) shall, in the exercise of their functions, including the right to form and join trade unions, enjoy protection, in particular against retaliatory measures or dismissal, and guarantees similar to those provided for employees’ representatives by the national legislation and/or practice in force in their country of employment.
  This shall apply in particular to attendance at meetings of special negotiating bodies or European Works Councils or any other meetings within the framework of the agreement referred to in Article 6(3), and the payment of wages for members who are on the staff of the Union-scale undertaking or the Union-scale group of undertakings for the period of absence necessary for the performance of their duties.
  A member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, shall be entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to Article 6(3), where that member or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place.
  Meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels.
  In cases where a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, is unable to attend a meeting, the possibility of using, where possible, new information and communication technologies shall be considered.


  4.   In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training free of charge and without loss of wages.’

  ; |
| --- | --- |

(9)

Article 10 is replaced by the following:

‘Article 10

Role and protection of employees’ representatives

1.   Without prejudice to the competence of other bodies or organisations in this respect, the members of the special negotiating body and the members of the European Works Council shall have the means and legal capacity required to apply the rights arising from this Directive, to represent collectively the interests of the employees of the Union-scale undertaking or Union-scale group of undertakings.;

2.   Without prejudice to Article 8, the members of the European Works Council shall have the right and necessary resources to inform the representatives of the employees of the establishments or of the undertakings of a Union-scale group of undertakings or, in the absence of representatives, the workforce as a whole, of the content and outcome of the information and consultation procedure carried out and whenever it deems it necessary to perform its tasks deriving from this Directive, in particular before and after its meetings.

3.   Members of special negotiating bodies, members of European Works Councils and employees’ representatives exercising their functions under the procedure referred to in Article 6(3) shall, in the exercise of their functions, including the right to form and join trade unions, enjoy protection, in particular against retaliatory measures or dismissal, and guarantees similar to those provided for employees’ representatives by the national legislation and/or practice in force in their country of employment.

This shall apply in particular to attendance at meetings of special negotiating bodies or European Works Councils or any other meetings within the framework of the agreement referred to in Article 6(3), and the payment of wages for members who are on the staff of the Union-scale undertaking or the Union-scale group of undertakings for the period of absence necessary for the performance of their duties.

A member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, shall be entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to Article 6(3), where that member or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place.

Meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels.

In cases where a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, is unable to attend a meeting, the possibility of using, where possible, new information and communication technologies shall be considered.

4.   In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training free of charge and without loss of wages.’

| (10) | Article 11 is amended as follows:






  (a) | paragraph 2 is replaced by the following (3):

  ‘2.   Member States shall ensure, in the event of failure to comply with this Directive, that adequate administrative and judicial procedures are available and easily accessible to enable the rights deriving from this Directive to be exercised and the obligations to be enforced in a timely and effective manner.
  Member States shall establish effective judicial procedures, that can be accessed in a timely manner, to apply for and terminate including the possibility to request a preliminary injunction for the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto. The effects of the challenged decisions on employment contracts or employment relationships of the affected employees shall be suspended accordingly’
  ; |
| --- | --- | --- |

(10)

Article 11 is amended as follows:

(a)

paragraph 2 is replaced by the following (3):

3

‘2.   Member States shall ensure, in the event of failure to comply with this Directive, that adequate administrative and judicial procedures are available and easily accessible to enable the rights deriving from this Directive to be exercised and the obligations to be enforced in a timely and effective manner.

Member States shall establish effective judicial procedures, that can be accessed in a timely manner, to apply for and terminate including the possibility to request a preliminary injunction for the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto. The effects of the challenged decisions on employment contracts or employment relationships of the affected employees shall be suspended accordingly’

| (b) | in paragraph 3, the first subparagraph is replaced by the following:

  ‘3.   Where Member States apply Article 8, they shall make provision for administrative or judicial appeal procedures which the European Works Council members and/or employees’ representatives may initiate when the central management requires confidentiality or does not give information in accordance with that Article. Such procedures shall ensure a timely decision so that the European Works Council can effectively exercise its information and consultation rights.
  The central management shall bear the judicial costs incurred in carrying out the procedures, the costs of legal representation and subsidiary costs such as subsistence and travel expenses for at least one employees' representative.’
  ; |
| --- | --- |

(b)

in paragraph 3, the first subparagraph is replaced by the following:

‘3.   Where Member States apply Article 8, they shall make provision for administrative or judicial appeal procedures which the European Works Council members and/or employees’ representatives may initiate when the central management requires confidentiality or does not give information in accordance with that Article. Such procedures shall ensure a timely decision so that the European Works Council can effectively exercise its information and consultation rights.

The central management shall bear the judicial costs incurred in carrying out the procedures, the costs of legal representation and subsidiary costs such as subsistence and travel expenses for at least one employees' representative.’

| (11) | the following article is inserted:

  ‘Article 11a
  Penalties

  1.   Member States shall lay down rules on penalties applicable to infringements of this Directive or of agreements concluded pursuant thereto. The penalties shall be effective, proportionate and dissuasive.


  2.   The penalties referred to in paragraph 1 shall include:






  (a) | financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement and which shall increase in amount according to the number of affected employees; |
| --- | --- | --- |

(11)

the following article is inserted:

‘Article 11a

Penalties

1.   Member States shall lay down rules on penalties applicable to infringements of this Directive or of agreements concluded pursuant thereto. The penalties shall be effective, proportionate and dissuasive.

2.   The penalties referred to in paragraph 1 shall include:

(a)

financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement and which shall increase in amount according to the number of affected employees;

| (b) | orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including EU funds managed by the relevant Member States, for a period of up to three years; |
| --- | --- |

(b)

orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including EU funds managed by the relevant Member States, for a period of up to three years;

| (c) | orders excluding the undertaking from participating in a public contract as defined in Directive 2014/24/EU of the European Parliament and of the Council (4). |
| --- | --- |

(c)

orders excluding the undertaking from participating in a public contract as defined in Directive 2014/24/EU of the European Parliament and of the Council (4).

3.   In the case of infringements as referred to in paragraph 1 which are not committed intentionally, the financial penalties referred to in paragraph 2, point (a), shall be substantive and equivalent to those provided for in Article 83(4) of Regulation (EU) 2016/679 (5).

4.   In the case of infringements as referred to in paragraph 1 which are committed intentionally, the financial penalties referred to in paragraph 2, point (a) shall be substantive and equivalent to those provided for in Article 83(5) of Regulation (EU) 2016/679.’

(4)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)."

4

(5)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1)."

5

| (12) | Article 14 is replaced by the following:

  ‘Article 14
  Agreements in force

  1.   The obligations arising from this Directive shall apply fully to all Union-scale undertakings or Union -scale groups of undertakings by ... [two years after the deadline for transposition of this amending Directive].


  2.   All agreements which have been concluded pursuant to Article 13(1) of Directive 94/45/EC and agreements concluded pursuant to Article 6 of Directive 94/45/EC which were signed or revised between 5 June 2009 and 5 June 2011 shall fall within the scope of this Directive without any obligation to renegotiate. Renegotiation of existing agreements shall remain possible in application of the relevant provisions in the agreements themselves and as laid down in Articles 5 and 13 of this Directive.


  3.   This Directive shall not affect provisions in existing agreements that are more favourable for European Works Councils.’

  ; |
| --- | --- |

(12)

Article 14 is replaced by the following:

‘Article 14

Agreements in force

1.   The obligations arising from this Directive shall apply fully to all Union-scale undertakings or Union -scale groups of undertakings by ... [two years after the deadline for transposition of this amending Directive].

2.   All agreements which have been concluded pursuant to Article 13(1) of Directive 94/45/EC and agreements concluded pursuant to Article 6 of Directive 94/45/EC which were signed or revised between 5 June 2009 and 5 June 2011 shall fall within the scope of this Directive without any obligation to renegotiate. Renegotiation of existing agreements shall remain possible in application of the relevant provisions in the agreements themselves and as laid down in Articles 5 and 13 of this Directive.

3.   This Directive shall not affect provisions in existing agreements that are more favourable for European Works Councils.’

| (13) | in Article 16, the following paragraph is added:

  ‘3.   Member States shall notify the Commission of the measures taken referred in Articles 11(2) at the earliest opportunity.’
  ; |
| --- | --- |

(13)

in Article 16, the following paragraph is added:

‘3.   Member States shall notify the Commission of the measures taken referred in Articles 11(2) at the earliest opportunity.’

| (14) | Annex I is amended as follows:






  (a) | point 2 is replaced by the following:






  ‘2. | The European Works Council shall have the right to meet with the central management twice a year, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Union-scale undertaking or Union-scale group of undertakings and its prospects. The local managements shall be informed accordingly.’ |
| --- | --- | --- | --- |

(14)

Annex I is amended as follows:

(a)

point 2 is replaced by the following:

‘2.

The European Works Council shall have the right to meet with the central management twice a year, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Union-scale undertaking or Union-scale group of undertakings and its prospects. The local managements shall be informed accordingly.’

;

| (b) | in point 3, the first paragraph is replaced by the following:






  ‘3. | Where there are exceptional circumstances or decisions which may affect the employees’ interests to a considerable extent, and urgency does not allow for information or consultation to take place at the following scheduled European Works Council meeting, particularly in the event of relocations, the closure of establishments or undertakings or collective redundancies, the select committee or, where no such committee exists, the European Works Council shall have the right to be informed in a timely manner. It shall have the right to meet, at its request, the central management, or any other more appropriate level of management within the Union-scale undertaking or group of undertakings having its own powers of decision, in order to be informed and consulted. In addition to the select committee, the members of the European Works Council designated in the Member States directly or potentially concerned by the exceptional circumstances shall have the right to participate in the extraordinary meetings.’ |
| --- | --- | --- |

(b)

in point 3, the first paragraph is replaced by the following:

‘3.

Where there are exceptional circumstances or decisions which may affect the employees’ interests to a considerable extent, and urgency does not allow for information or consultation to take place at the following scheduled European Works Council meeting, particularly in the event of relocations, the closure of establishments or undertakings or collective redundancies, the select committee or, where no such committee exists, the European Works Council shall have the right to be informed in a timely manner. It shall have the right to meet, at its request, the central management, or any other more appropriate level of management within the Union-scale undertaking or group of undertakings having its own powers of decision, in order to be informed and consulted. In addition to the select committee, the members of the European Works Council designated in the Member States directly or potentially concerned by the exceptional circumstances shall have the right to participate in the extraordinary meetings.’

;

| (c) | point 5 is replaced by the following:






  ‘5. | The European Works Council or the select committee may be assisted by experts of its choice, in so far as this is necessary for it to carry out its tasks. Such experts may include representatives of recognised Union-level trade union organisations. At the request of the European Works Council, such experts shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity.’ |
| --- | --- | --- |

(c)

point 5 is replaced by the following:

‘5.

The European Works Council or the select committee may be assisted by experts of its choice, in so far as this is necessary for it to carry out its tasks. Such experts may include representatives of recognised Union-level trade union organisations. At the request of the European Works Council, such experts shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity.’

;

| (d) | in point 6, the first paragraph is replaced by the following:






  ‘6. | In compliance with these principles, the Member States may lay down budgetary rules regarding the operation of the European Works Council. They may in particular limit the funding to cover one expert only, in addition to a representative of a recognised Union-level trade union organisation.’ |
| --- | --- | --- |

(d)

in point 6, the first paragraph is replaced by the following:

‘6.

In compliance with these principles, the Member States may lay down budgetary rules regarding the operation of the European Works Council. They may in particular limit the funding to cover one expert only, in addition to a representative of a recognised Union-level trade union organisation.’

.

---

(4)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

4

(5)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).’

5

---

(1)  https://www.eurofound.europa.eu/publications/article/1997/the-renault-case-and-the-future-of-social-europe

1

(2)  The existing text reads as follows:

2

‘1.   Member States shall provide that members of special negotiating bodies or of European Works Councils and any experts who assist them are not authorised to reveal any information which has expressly been provided to them in confidence.

The same shall apply to employees’ representatives in the framework of an information and consultation procedure.

That obligation shall continue to apply, wherever the persons referred to in the first and second subparagraphs are, even after the expiry of their terms of office.

2.   Each Member State shall provide, in specific cases and under the conditions and limits laid down by national legislation, that the central management situated in its territory is not obliged to transmit information when its nature is such that, according to objective criteria, it would seriously harm the functioning of the undertakings concerned or would be prejudicial to them.

A Member State may make such dispensation subject to prior administrative or judicial authorisation.’.

(3)  The existing text reads as follows: ‘2. Member States shall provide for appropriate measures in the event of failure to comply with this Directive; in particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced.’

3

---

| 28.7.2023 | EN | Official Journal of the European Union | C 267/17 |
| --- | --- | --- | --- |

28.7.2023

EN

Official Journal of the European Union

C 267/17

---

P9_TA(2023)0029

Preparation of the EU-Ukraine Summit

European Parliament resolution of 2 February 2023 on the preparation of the EU-Ukraine Summit (2023/2509(RSP))

(2023/C 267/02)

The European Parliament,

| — | having regard to its previous resolutions on Ukraine, |
| --- | --- |

—

having regard to its previous resolutions on Ukraine,

| — | having regard to the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (1), and to the accompanying Deep and Comprehensive Free Trade Area between the EU and Ukraine, signed in 2014 (AA/DCFTA), |
| --- | --- |

—

having regard to the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (1), and to the accompanying Deep and Comprehensive Free Trade Area between the EU and Ukraine, signed in 2014 (AA/DCFTA),

| — | having regard to the application for EU membership by Ukraine on 28 February 2022, the Commission communication of 17 June 2022 entitled ‘Commission Opinion on Ukraine’s application for membership of the European Union’ (COM(2022)0407) and the subsequent European Council conclusions of 23 and 24 June 2022, |
| --- | --- |

—

having regard to the application for EU membership by Ukraine on 28 February 2022, the Commission communication of 17 June 2022 entitled ‘Commission Opinion on Ukraine’s application for membership of the European Union’ (COM(2022)0407) and the subsequent European Council conclusions of 23 and 24 June 2022,

| — | having regard to the UN Charter, the Hague Conventions, the Geneva Conventions and the additional protocols thereto, and to the Rome Statute, |
| --- | --- |

—

having regard to the UN Charter, the Hague Conventions, the Geneva Conventions and the additional protocols thereto, and to the Rome Statute,

| — | having regard to the joint statement following the 23rd EU-Ukraine Summit of 12 October 2021, |
| --- | --- |

—

having regard to the joint statement following the 23rd EU-Ukraine Summit of 12 October 2021,

| — | having regard to the European Council conclusions of 15 December 2022, |
| --- | --- |

—

having regard to the European Council conclusions of 15 December 2022,

| — | having regard to Rule 132(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 132(2) and (4) of its Rules of Procedure,

| A. | whereas the Russian Federation has been carrying out an illegal, unprovoked and unjustified war of aggression against Ukraine since 24 February 2022; whereas this war of aggression constitutes a blatant and flagrant violation of the UN Charter and of the fundamental principles of international law; whereas the geopolitical situation in Europe has fundamentally changed, which necessitates bold, brave and comprehensive political, security and financial decisions by the EU; whereas Ukraine has suffered from Russian aggressions ever since protests broke out in November 2013 against the decision by the then President to suspend the signing of the EU-Ukraine Association Agreement; |
| --- | --- |

A.

whereas the Russian Federation has been carrying out an illegal, unprovoked and unjustified war of aggression against Ukraine since 24 February 2022; whereas this war of aggression constitutes a blatant and flagrant violation of the UN Charter and of the fundamental principles of international law; whereas the geopolitical situation in Europe has fundamentally changed, which necessitates bold, brave and comprehensive political, security and financial decisions by the EU; whereas Ukraine has suffered from Russian aggressions ever since protests broke out in November 2013 against the decision by the then President to suspend the signing of the EU-Ukraine Association Agreement;

| B. | whereas Russia’s forces have conducted indiscriminate attacks against residential areas and civilian infrastructure; whereas thousands of civilians, including hundreds of children, have already been murdered and many more have been tortured, harassed, sexually assaulted, kidnapped or forcibly displaced; whereas this inhumane conduct by the Russian forces and their proxies is in total disregard of international humanitarian law; whereas on 30 September 2022, Russia unilaterally declared its annexation of the partly Russian-occupied Ukrainian oblasts of Donetsk, Kherson, Luhansk and Zaporizhzhia, in addition to its previous annexation of the Crimean peninsula; |
| --- | --- |

B.

whereas Russia’s forces have conducted indiscriminate attacks against residential areas and civilian infrastructure; whereas thousands of civilians, including hundreds of children, have already been murdered and many more have been tortured, harassed, sexually assaulted, kidnapped or forcibly displaced; whereas this inhumane conduct by the Russian forces and their proxies is in total disregard of international humanitarian law; whereas on 30 September 2022, Russia unilaterally declared its annexation of the partly Russian-occupied Ukrainian oblasts of Donetsk, Kherson, Luhansk and Zaporizhzhia, in addition to its previous annexation of the Crimean peninsula;

| C. | whereas Ukraine’s political leadership and its people have shown remarkable determination to maintain the functioning of state institutions and public services despite the war; |
| --- | --- |

C.

whereas Ukraine’s political leadership and its people have shown remarkable determination to maintain the functioning of state institutions and public services despite the war;

| D. | whereas the 24th EU-Ukraine Summit is due to take place on 3 February 2023 in Kyiv; whereas this summit provides a prime opportunity not only to discuss the situation on the ground and Ukraine’s current priorities, including financial and military support, accountability for Russian war crimes, crimes against humanity and crime of aggression, global outreach, restrictive measures and food and energy security, but also to take action needed for Ukraine to continue its reform effort, as stipulated in the AA/DCFTA and the seven priorities indicated in the Commission opinion of 17 June 2022 and those leading towards EU membership; |
| --- | --- |

D.

whereas the 24th EU-Ukraine Summit is due to take place on 3 February 2023 in Kyiv; whereas this summit provides a prime opportunity not only to discuss the situation on the ground and Ukraine’s current priorities, including financial and military support, accountability for Russian war crimes, crimes against humanity and crime of aggression, global outreach, restrictive measures and food and energy security, but also to take action needed for Ukraine to continue its reform effort, as stipulated in the AA/DCFTA and the seven priorities indicated in the Commission opinion of 17 June 2022 and those leading towards EU membership;

| E. | whereas the EU-Ukraine Association Agreement in force since 2014 has already led to a substantial intensification of political dialogue and to the strengthening of political association and economic integration, and has opened up new prospects for sectoral cooperation; |
| --- | --- |

E.

whereas the EU-Ukraine Association Agreement in force since 2014 has already led to a substantial intensification of political dialogue and to the strengthening of political association and economic integration, and has opened up new prospects for sectoral cooperation;

| F. | whereas the Council, in its conclusions of 13 December 2022 on enlargement and stabilisation and association process, invited the Commission to prepare a roadmap outlining the next steps to ease Ukraine’s access to the EU single market, using the full potential of the AA/DCFTA with Ukraine; |
| --- | --- |

F.

whereas the Council, in its conclusions of 13 December 2022 on enlargement and stabilisation and association process, invited the Commission to prepare a roadmap outlining the next steps to ease Ukraine’s access to the EU single market, using the full potential of the AA/DCFTA with Ukraine;

| G. | whereas on 17 June 2022 the Commission published its opinion on Ukraine’s application for EU membership and recommended granting EU candidate status to Ukraine on the understanding that certain reform measures such as on the rule of law and the fight against corruption be taken; whereas the Council, in its conclusions of 13 December 2022, recalled that the Commission had been invited to report on the fulfilment of the conditions specified in the Commission’s opinion of 17 June 2022 as part of its regular enlargement package in 2023, and took note of the Commission’s intention to provide an update in spring 2023 instead; |
| --- | --- |

G.

whereas on 17 June 2022 the Commission published its opinion on Ukraine’s application for EU membership and recommended granting EU candidate status to Ukraine on the understanding that certain reform measures such as on the rule of law and the fight against corruption be taken; whereas the Council, in its conclusions of 13 December 2022, recalled that the Commission had been invited to report on the fulfilment of the conditions specified in the Commission’s opinion of 17 June 2022 as part of its regular enlargement package in 2023, and took note of the Commission’s intention to provide an update in spring 2023 instead;

| H. | whereas there is no ‘fast-track’ for EU membership, and accession remains a complex, merit-based and structured process and requires effective implementation of reforms and the transposition of the acquis; whereas each country’s progress on the path to accession is assessed on its own merit and that of its reform process; whereas however, that does not exclude a fast start to the process as a manifestation of the EU’s commitment to Ukraine in the new geopolitical context created by the Russian aggression; whereas the EU’s capacity to absorb new members will play an important role in future accessions; |
| --- | --- |

H.

whereas there is no ‘fast-track’ for EU membership, and accession remains a complex, merit-based and structured process and requires effective implementation of reforms and the transposition of the acquis; whereas each country’s progress on the path to accession is assessed on its own merit and that of its reform process; whereas however, that does not exclude a fast start to the process as a manifestation of the EU’s commitment to Ukraine in the new geopolitical context created by the Russian aggression; whereas the EU’s capacity to absorb new members will play an important role in future accessions;

| I. | whereas decentralisation and strong local self-government have become a cornerstone of Ukraine’s democracy and are an important factor in Ukraine’s resilience during the war; whereas having municipalities lead on local reconstruction is critical to ensuring that national and international funds for reconstruction flow to where they are most needed; |
| --- | --- |

I.

whereas decentralisation and strong local self-government have become a cornerstone of Ukraine’s democracy and are an important factor in Ukraine’s resilience during the war; whereas having municipalities lead on local reconstruction is critical to ensuring that national and international funds for reconstruction flow to where they are most needed;

| 1. | Reiterates its condemnation, in the strongest possible terms, of the Russian Federation’s war of aggression against Ukraine, as well as the involvement of Belarus in this war, and demands that Russia immediately terminate all military activities in Ukraine and unconditionally withdraw all forces and military equipment from the entire internationally recognised territory of Ukraine; |
| --- | --- |

1.

| 2. | Reaffirms its unwavering solidarity with the people of Ukraine, who continue proving extraordinary courage and resilience under the unabated threats and attacks since 24 February 2022 and over the last nine years of Russian aggressions against Ukraine; |
| --- | --- |

2.

| 3. | Fully supports Ukraine’s independence, sovereignty and territorial integrity within its internationally recognised borders and underlines that this war constitutes a serious violation of international law; reiterates, in this regard, its condemnation of Russia’s illegal annexations of the Donetsk, Kherson, Luhansk and Zaporizhzhia regions of Ukraine, as well as of the Crimean peninsula; |
| --- | --- |

3.

| 4. | Underlines the urgent need for accountability for Russia’s war crimes, crimes against humanity and for the crime of aggression against Ukraine; reiterates its call for the EU and its Member States to take a leading role and actively support the establishment of a special tribunal to investigate and prosecute Russia’s crime of aggression against Ukraine, as well as of an international register of damage; expresses its full support to the ongoing investigation by the Prosecutor of the International Criminal Court (ICC) into the situation in Ukraine and alleged war crimes, crimes against humanity and genocide; urges Ukraine to ratify the Rome Statute of the ICC and its amendments and formally become a member of the ICC in order to support international efforts to establish accountability for serious international crimes; |
| --- | --- |

4.

| 5. | Continues to call for the EU institutions and the Member States, as well as the EU’s partners, to provide Ukraine with all necessary political, military, economic, infrastructure-related, financial and humanitarian support; expects the Member States to use the upcoming EU-Ukraine Summit to strengthen their commitment; |
| --- | --- |

5.

| 6. | Underlines the continued need to provide humanitarian aid to Ukraine and calls on the EU and Ukraine to discuss the needs of the approximately 8 million Ukrainians who have fled the war and are temporarily residing in EU Member States; welcomes, in this context, the recent extension of the Temporary Protection Directive (2) until March 2024; underlines the need to prioritise the situation of children and women, in particular pregnant women, single parents and victims of trafficking, as well as to join efforts to return forcibly deported Ukrainians to Ukraine and to reunite families of children forcibly adopted from Ukraine; |
| --- | --- |

6.

| 7. | Calls on the Member States to increase and accelerate their military assistance to Ukraine, in particular the provision of weapons, in response to clearly identified needs; expresses its support for the latest decisions to provide Ukraine with modern infantry fighting vehicles, armoured personnel carriers, air defence systems and the relevant ammunition and urges the Member States to speed up the delivery of military support and equipment to Ukraine; welcomes the decision of the governments of several EU Member States, the US, the UK and Canada to deliver modern main battle tanks to Ukraine; insists that the training of Ukrainian crews in operating these tanks begin immediately and calls for consideration to be given to delivering Western fighter jets and long-range missile systems as a next step; |
| --- | --- |

7.

| 8. | Calls on the Council, the Commission and the Member States to support the 10-point peace plan presented by President of Ukraine Volodymyr Zelenskyy and to work towards establishing an international coalition to implement that plan and to engage with Ukraine on the topic of future security guarantees, such as those proposed in the Kyiv Security Compact; |
| --- | --- |

8.

| 9. | Supports the establishment of the military assistance mission to train the Ukrainian armed forces on EU soil; recognises the current work of the EU Advisory Mission for Civilian Security Sector Reform in Ukraine and welcomes the recent adjustment of its mandate in order to support Ukrainian authorities in facilitating the investigation and prosecution of any international crimes committed by the Russian armed forces and mercenaries in the context of Russia’s war of aggression against Ukraine; |
| --- | --- |

9.

| 10. | Welcomes the signature on 16 January 2023 of the Memorandum of Understanding and the Loan Facility Agreement for the unprecedented support package of EUR 18 billion for Ukraine in 2023 through the Macro-Financial Assistance Plus instrument as well as the swift disbursement of the first instalment on 17 January 2023; emphasises the importance of continued and swift implementation of commitments for financial and technical assistance in order to ensure Ukraine’s macroeconomic stability, restore critical infrastructure and maintain essential public services, in particular with a view to the continued Russian attacks against civilian infrastructure that endanger a substantial number of Ukrainian citizens at risk of having no access to basic services such as water, heating and electricity; emphasises the need for responsible, transparent and efficient use of EU and other international financial assistance and stresses the importance of reinstalling Ukraine’s public procurement system by fully restoring the ProZorro system; |
| --- | --- |

10.

| 11. | Calls for the upcoming EU-Ukraine Summit to be used to prioritise the need for an EU comprehensive recovery package for Ukraine, which should be focused on the country’s immediate, medium- and long-term relief, reconstruction and recovery and further help to strengthen the growth of the economy once the war is over; recalls that the recovery package should be jointly led by the EU, international financial institutions and like-minded partners, with the substantial involvement of the G7; recommends that Ukrainian local self-government representatives contribute to the design of recovery measures; recommends the establishment of a clear and transparent mechanism for involving Ukrainian civil society in key decision-making processes, and calls for continued support for civil society; underlines the importance of environmental and transparency conditions for the reconstruction effort; insists on the implementation of the most relevant environmental reforms, as well as the establishment of effective safeguards for the protection of the environment during the development and reconstruction of Ukraine; calls for the recovery package to be supported by the necessary EU budget capacity; |
| --- | --- |

11.

| 12. | Reiterates its call to identify a proper legal base to allow the use of frozen Russian Central Bank assets, as well as assets of Russian oligarchs, to finance the reconstruction of Ukraine; supports the establishment of a special international monitoring mission to record the environmental consequences of the Russian aggression against Ukraine with a view to establishing a basis upon which to obtain specific compensation from Russia; |
| --- | --- |

12.

| 13. | Welcomes the European Council’s decision to grant EU candidate status to Ukraine; underlines that accession to the EU must take place in accordance with Article 49 of the Treaty on European Union, based on respect for the relevant procedures and conditional upon the fulfilment of the established criteria, in particular the so-called Copenhagen criteria for EU membership, and remains a merit-based process that requires adoption and implementation of relevant reforms, in particular in the areas of democracy, the rule of law, human rights, fundamental freedoms, a market economy and implementation of the EU acquis; |
| --- | --- |

13.

| 14. | Reaffirms its commitment to Ukraine’s membership of the European Union; believes that it represents a geo-strategic investment in a united and strong Europe; reiterates that Ukraine’s application for EU membership equates to showing leadership, resolve and vision in today’s context of the brutal Russian war of aggression and sends a clear political message that Ukraine has irreversibly chosen a European path, which will be supported by its European partners; |
| --- | --- |

14.

| 15. | Welcomes the European ambitions of the people of Ukraine and therefore urges Ukraine’s political leaders and authorities to harness the momentum and vigorously pursue the EU-related reform agenda, taking into account the priorities indicated by the Commission in its opinion on Ukraine’s application for EU membership; |
| --- | --- |

15.

| 16. | Invites the authorities of Ukraine to unambiguously demonstrate their political determination to act on the European ambitions of their people by significantly enhancing progress with substantial reforms in order to effectively fulfil the criteria for EU membership as soon as possible; highlights, in this respect, the need to protect the independence of all anti-corruption institutions, enhance media freedom, strengthen the efficiency and accountability of the judiciary, address the shortcomings in the functioning of law enforcement bodies and ensure political and party pluralism both within and outside Ukraine’s Parliament; calls on Ukraine to refrain from passing legislation that is not compatible with the EU acquis or that endangers achievements in the reform process and the fight against corruption; |
| --- | --- |

16.

| 17. | Calls on those attending the forthcoming summit between the EU and Ukraine to work towards the start of accession negotiations and to support a roadmap outlining the next steps to enable Ukraine’s accession to the EU single market, focusing on providing tangible benefits for Ukrainian society and citizens from the start of the process, based on a step-by-step approach; calls on the Commission to present a bold and ambitious plan for these negotiations and for Ukraine’s rapid, stepwise integration into EU policies and programmes, accompanied by a roadmap for each step in the process; calls for an innovative, complementary and flexible interaction between the ongoing work on the implementation of the Association Agreement in force and the accession negotiation process; |
| --- | --- |

17.

| 18. | Calls on the Ukrainian Government to continue to strengthen local self-government, a reform that has received significant national and international acclaim, and to embed the success of the decentralisation reform in the overall architecture of Ukraine’s repair, recovery and reconstruction processes; |
| --- | --- |

18.

| 19. | Welcomes Ukraine’s significant progress in aligning with the EU single market and calls for the swift adoption of the priority action plan for an enhanced 2023-2024 implementation of the EU-Ukraine DCFTA; calls for the prolongation of Regulation (EU) 2022/870 on temporary trade liberalisation (3), as well as for an urgent review of possible further transport liberalisation measures; |
| --- | --- |

19.

| 20. | Welcomes the EU-facilitated ‘roam like at home’ agreement between EU and Ukrainian telecommunications companies for the benefit for Ukrainian refugees and welcomes its prolongation; calls for the Ukrainian telecommunications market to be integrated into the EU telecommunications market; |
| --- | --- |

20.

| 21. | Calls on the Commission and the Member States to strengthen strategic communication and provide relevant information on the mutual benefits and opportunities of enlargement both in Ukraine and in the Member States in order to further increase support and improve understanding of the accession process; calls on the Commission and the Member States to improve the visibility of EU funding and its tangible results in Ukraine; insists that Ukrainian civil society and the EU play an active role in the implementation of these objectives; |
| --- | --- |

21.

| 22. | Welcomes Ukraine’s active participation in the EU’s Eastern Partnership initiative and calls for this political initiative to be further strengthened, as an important platform for regional cooperation and the exchange of reform experiences between partner countries seeking either closer cooperation with the EU or EU membership; |
| --- | --- |

22.

| 23. | Calls on the EU institutions to extend the opportunities for Ukrainian officials to study and observe the work of the EU institutions; encourages bilateral parliamentary meetings between the parliaments of the Member States and that of Ukraine; calls on the EU and its Member States to continue to provide educational opportunities for Ukraine’s young people, civil servants and diplomats, among others; calls for procedures to be launched for the establishment of the Eastern Partnership Academy for Public Administration; |
| --- | --- |

23.

| 24. | Calls on the Member States to adopt the 10th package of sanctions against Russia as soon as possible and to proactively submit proposals for the further development of sanctions by including new sectors and individuals; urges all Member States to continue to show unity in the face of Russia’s war against Ukraine; calls on all partners, in particular EU candidate countries and potential candidates, to align with the sanctions packages; |
| --- | --- |

24.

| 25. | Calls for the list of individuals and entities targeted by the sanctions to be expanded to include Russian companies still present on EU markets, such as Lukoil and Rosatom, and those involved in forced deportations, the illegal imprisonment of Russian civic activists and political opposition members, the illegal ‘referendums’ in Luhansk, Kherson, Zaporizhzhia and Donetsk, and the illegal ‘elections’ in Crimea and Sevastopol, as well as all members of State Duma parties who hold offices in elected parliaments at all levels, including at regional and municipal levels, and the members of the Russian propaganda media disseminating anti-Ukrainian and pro-war sentiments; calls on the Council to enlarge the list of individuals sanctioned to include individuals from the list proposed by Alexey Navalny’s Anti-Corruption Foundation; urges, at the same time, Ukraine to adopt the Ukrainian Magnitsky law; calls for a ban on the direct or indirect import, purchase or transfer of diamonds, whether in raw or processed form, originating from the Russian Federation; |
| --- | --- |

25.

| 26. | Reiterates its call for an immediate and full embargo on imports of fossil fuels and uranium from Russia, and for the Nord Stream 1 and 2 pipelines to be completely abandoned, in order to stop financing Putin’s war machine with EU money; calls for the restrictive measures against Belarus to be strengthened; urges the Council, in cooperation with international partners, to decrease the price cap on oil that originates in or is exported from Russia; |
| --- | --- |

26.

| 27. | Calls on the Commission and EU supervisory authorities to closely monitor the effective and comprehensive implementation of all EU sanctions by the Member States and to address any circumvention practices, including closing the existing loopholes; condemns those third countries that have helped Russia and Belarus to circumvent the imposed sanctions and asks the Commission and the Member States to consider measures against those third countries; |
| --- | --- |

27.

| 28. | Condemns the recent decision of the International Olympic Committee to allow Russian and Belarusian athletes to compete in qualifications for the Paris 2024 Olympic Games under a neutral flag, which runs counter to those countries’ multifaceted isolation and will be used by both regimes for propaganda purposes; |
| --- | --- |

28.

| 29. | Reiterates its call for the EU and its Member States to strengthen the international isolation of the Russian Federation, including with regard to its membership in international organisations and bodies to refrain from holding any formal events on the territory of the Russian Federation, reducing the level of diplomatic relations with Moscow; |
| --- | --- |

29.

| 30. | Condemns Russia’s illegal occupation of Ukraine’s Zaporizhzhia nuclear power plant and, in order to mitigate the risk of a nuclear or radiological incident, supports the proposal to set up a nuclear safety and security protection zone around it, as proposed by the International Atomic Energy Agency; |
| --- | --- |

30.

| 31. | Calls on the EU and its Member States to work strategically and to proactively counter hybrid threats and to prevent Russia’s interference in political, electoral and other democratic processes in Ukraine and beyond, in particular malicious acts aimed at manipulating public opinion and undermining European integration; calls on the EU and its Member States to increase resilience against disinformation and disruptive campaigns designed to undermine democratic processes and create divisions in Ukraine; |
| --- | --- |

31.

| 32. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, the governments and parliaments of the Member States, the Council of Europe, the Organization for Security and Co-operation in Europe and the President, Government and Verkhovna Rada of Ukraine. |
| --- | --- |

32.

---

(1)  OJ L 161, 29.5.2014, p. 3.

(2)  Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12.).

(3)  Regulation (EU) 2022/870 of the European Parliament and of the Council of 30 May 2022 on temporary trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (OJ L 152, 3.6.2022, p. 103).

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Thursday 2 February 2023

| 28.7.2023 | EN | Official Journal of the European Union | C 267/23 |
| --- | --- | --- | --- |

28.7.2023

EN

Official Journal of the European Union

C 267/23

---

P9_TA(2023)0020

Request for waiver of the immunity of Nadine Morano

European Parliament decision of 2 February 2023 on the request for waiver of the immunity of Nadine Morano (2022/2055(IMM))

(2023/C 267/03)

The European Parliament,

| — | having regard to the request for waiver of the immunity of Nadine Morano, transmitted by letter dated 16 May 2022 by the French Ministry of Justice in connection with civil proceedings pending before the examining magistrate at the Marseille Ordinary Court, and announced in plenary on 8 June 2022, |
| --- | --- |

—

having regard to the request for waiver of the immunity of Nadine Morano, transmitted by letter dated 16 May 2022 by the French Ministry of Justice in connection with civil proceedings pending before the examining magistrate at the Marseille Ordinary Court, and announced in plenary on 8 June 2022,

| — | having heard Nadine Morano in accordance with Rule 9(6) of its Rules of Procedure, |
| --- | --- |

—

having heard Nadine Morano in accordance with Rule 9(6) of its Rules of Procedure,

| — | having regard to Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage, |
| --- | --- |

—

having regard to Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

| — | having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 19 December 2019 (1), |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 19 December 2019 (1),

| — | having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A9-0011/2023), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A9-0011/2023),

| A. | whereas the French Ministry of Justice has transmitted a request from the public prosecutor of the Aix-en-Provence Court of Appeal for the waiver of the immunity of Nadine Morano, Member of the European Parliament, with the sole aim of being able to examine her in relation to a civil action brought against her on the grounds of alleged online public defamation; |
| --- | --- |

A.

whereas the French Ministry of Justice has transmitted a request from the public prosecutor of the Aix-en-Provence Court of Appeal for the waiver of the immunity of Nadine Morano, Member of the European Parliament, with the sole aim of being able to examine her in relation to a civil action brought against her on the grounds of alleged online public defamation;

| B. | whereas on 7 October 2018, during a television programme aired on France 3, Nadine Morano questioned the activity of a vessel chartered by the complainant and operating in the Mediterranean Sea; whereas Nadine Morano’s team posted three messages of the same nature on Nadine Morano’s Twitter account as ‘live tweets’; |
| --- | --- |

B.

whereas on 7 October 2018, during a television programme aired on France 3, Nadine Morano questioned the activity of a vessel chartered by the complainant and operating in the Mediterranean Sea; whereas Nadine Morano’s team posted three messages of the same nature on Nadine Morano’s Twitter account as ‘live tweets’;

| C. | whereas, in making the comments, Nadine Morano allegedly committed the offence of public defamation, which is punishable under Article 23, first paragraph, Article 29, first paragraph, Article 32, first paragraph, and Article 42 of the French Act of 29 July 1881 on Freedom of the Press and Article 93-3 of the French Act No 82-652 of 29 July 1982 on audiovisual communication; |
| --- | --- |

C.

whereas, in making the comments, Nadine Morano allegedly committed the offence of public defamation, which is punishable under Article 23, first paragraph, Article 29, first paragraph, Article 32, first paragraph, and Article 42 of the French Act of 29 July 1881 on Freedom of the Press and Article 93-3 of the French Act No 82-652 of 29 July 1982 on audiovisual communication;

| D. | whereas on 5 April 2019, the prosecutor in Marseille opened a judicial investigation for public defamation further to a complaint by the association chartering the boat and, as a result, Nadine Morano was formally indicted on 3 June 2020; whereas the indictment was annulled by the competent court in April 2021 on the grounds that it was in breach of the parliamentary immunity that Nadine Morano enjoys in accordance with the provisions of the Protocol on Privileges and Immunities of the European Union; |
| --- | --- |

D.

whereas on 5 April 2019, the prosecutor in Marseille opened a judicial investigation for public defamation further to a complaint by the association chartering the boat and, as a result, Nadine Morano was formally indicted on 3 June 2020; whereas the indictment was annulled by the competent court in April 2021 on the grounds that it was in breach of the parliamentary immunity that Nadine Morano enjoys in accordance with the provisions of the Protocol on Privileges and Immunities of the European Union;

| E. | whereas Parliament cannot assume the role of a court, and whereas, in a waiver of immunity procedure, a Member cannot be regarded as a defendant (2); |
| --- | --- |

E.

whereas Parliament cannot assume the role of a court, and whereas, in a waiver of immunity procedure, a Member cannot be regarded as a defendant (2);

| F. | whereas Article 8 of Protocol (No 7) on the Privileges and Immunities of the European Union stipulates that Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties; |
| --- | --- |

F.

whereas Article 8 of Protocol (No 7) on the Privileges and Immunities of the European Union stipulates that Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties;

| G. | whereas, pursuant to Rule 5(2) of its Rules of Procedure, in exercising its powers on privileges and immunities, Parliament shall act to uphold its integrity as a democratic legislative assembly and to ensure the independence of its Members in the performance of their duties; |
| --- | --- |

G.

whereas, pursuant to Rule 5(2) of its Rules of Procedure, in exercising its powers on privileges and immunities, Parliament shall act to uphold its integrity as a democratic legislative assembly and to ensure the independence of its Members in the performance of their duties;

| H. | whereas a statement made by a Member outside the European Parliament may constitute an opinion expressed in the performance of his or her duties, within the meaning of Article 8 of the Protocol, where it contains a subjective assessment having a direct and obvious connection with the performance of that Member’s duties in the European Parliament; whereas whether or not this is the case must therefore be determined by the nature and content of the statement and not to the place where it was made; |
| --- | --- |

H.

whereas a statement made by a Member outside the European Parliament may constitute an opinion expressed in the performance of his or her duties, within the meaning of Article 8 of the Protocol, where it contains a subjective assessment having a direct and obvious connection with the performance of that Member’s duties in the European Parliament; whereas whether or not this is the case must therefore be determined by the nature and content of the statement and not to the place where it was made;

| I. | whereas Nadine Morano has been a Member of the European Parliament Delegation for relations with the Pan-African Parliament (DPAP), a substitute Member of the European Parliament Delegation to the ACP-EU Joint Parliamentary Assembly and a Member of the Committee on Civil Liberties, Justice and Home Affairs, which is responsible, inter alia, for:
  ‘(...) the establishment and development of an area of freedom, security and justice while respecting the principles of subsidiarity and proportionality, in particular:






  (a) | measures concerning the entry and movement of persons, asylum and migration, |
| --- | --- | --- |

I.

whereas Nadine Morano has been a Member of the European Parliament Delegation for relations with the Pan-African Parliament (DPAP), a substitute Member of the European Parliament Delegation to the ACP-EU Joint Parliamentary Assembly and a Member of the Committee on Civil Liberties, Justice and Home Affairs, which is responsible, inter alia, for:

‘(...) the establishment and development of an area of freedom, security and justice while respecting the principles of subsidiarity and proportionality, in particular:

(a)

measures concerning the entry and movement of persons, asylum and migration,

| (b) | measures concerning an integrated management of the common borders, (...)’; |
| --- | --- |

(b)

measures concerning an integrated management of the common borders, (...)’;

| J. | whereas nowadays the political debate in which Members of the European Parliament participate, in the exercise of their mandate, increasingly takes place also outside Parliament’s premises, including on air and on the internet, through the use of social networking services such as Twitter; |
| --- | --- |

J.

whereas nowadays the political debate in which Members of the European Parliament participate, in the exercise of their mandate, increasingly takes place also outside Parliament’s premises, including on air and on the internet, through the use of social networking services such as Twitter;

| K. | whereas those statements were made in the wider context of the political debate, the topic of which is recurrent in the European Parliament’s plenary; |
| --- | --- |

K.

whereas those statements were made in the wider context of the political debate, the topic of which is recurrent in the European Parliament’s plenary;

| L. | whereas, against this background, the statements made by Nadine Morano were clearly made in her capacity as a Member of the European Parliament and whereas a direct and obvious connection between the statements under consideration and the parliamentary mandate of Nadine Morano can be deemed to exist; |
| --- | --- |

L.

whereas, against this background, the statements made by Nadine Morano were clearly made in her capacity as a Member of the European Parliament and whereas a direct and obvious connection between the statements under consideration and the parliamentary mandate of Nadine Morano can be deemed to exist;

1.

Decides not to waive the immunity of Nadine Morano;

2.

Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authorities of the French Republic and to Nadine Morano.

---

(1)  Judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C 163/10, ECLI: EU:C: 2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23; judgment of the Court of Justice of 19 December 2019, Junqueras Vies, C-502/19, ECLI:EU:C:2019:1115.

1

Marra

De Gregorio and Clemente

Gollnisch

Parliament

Patriciello

Gollnisch

Parliament

Junqueras Vies

(2)  Judgment of the General Court of 30 April 2019, Briois v Parliament, T-214/18, ECLI:EU:T:2019:266.

2

Briois

Parliament

---

| 28.7.2023 | EN | Official Journal of the European Union | C 267/25 |
| --- | --- | --- | --- |

28.7.2023

EN

Official Journal of the European Union

C 267/25

---

P9_TA(2023)0021

Request for defence of the privileges and immunities of Helmut Geuking

European Parliament decision of 2 February 2023 on the request for defence of the privileges and immunities of Helmut Geuking (2022/2052(IMM))

(2023/C 267/04)

The European Parliament,

| — | having regard to the request by Helmut Geuking, dated 11 May 2022 and announced in plenary on 18 May 2022, for the defence of his privileges and immunities in connection with the civil proceedings pending before the Hamburg Regional Court (reference number 324 O 276/20), |
| --- | --- |

—

having regard to the request by Helmut Geuking, dated 11 May 2022 and announced in plenary on 18 May 2022, for the defence of his privileges and immunities in connection with the civil proceedings pending before the Hamburg Regional Court (reference number 324 O 276/20),

| — | having heard Helmut Geuking in accordance with Rule 9(6) of its Rules of Procedure, |
| --- | --- |

—

having heard Helmut Geuking in accordance with Rule 9(6) of its Rules of Procedure,

| — | having regard to Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage, |
| --- | --- |

—

having regard to Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

| — | having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 19 December 2019 (1), |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 19 December 2019 (1),

| — | having regard to Rule 5(2) and Rules 7 and 9 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 5(2) and Rules 7 and 9 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A9-0013/2023), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A9-0013/2023),

| A. | whereas Helmut Geuking, Member of the European Parliament, has requested the defence of his parliamentary immunity in connection with civil proceedings before the Hamburg Regional Court; |
| --- | --- |

A.

whereas Helmut Geuking, Member of the European Parliament, has requested the defence of his parliamentary immunity in connection with civil proceedings before the Hamburg Regional Court;

| B. | whereas a German company, one of its subsidiaries and an expert in company reorganisations hired by the latter are suing Helmut Geuking for injunctive relief, monetary compensation and damages, in connection with statements he made against the complainants from the European Parliament premises in Brussels and in a video published on YouTube and in a local German newspaper in May and June 2020 respectively; whereas in those statements Helmut Geuking allegedly criticised the German company for having filed for insolvency for the subsidiary company and for having laid off 200 employees without a severance package while at the same time sponsoring a German football team for an amount equivalent to the indemnities that, in his opinion, should have been paid to the employees that were dismissed; |
| --- | --- |

B.

whereas a German company, one of its subsidiaries and an expert in company reorganisations hired by the latter are suing Helmut Geuking for injunctive relief, monetary compensation and damages, in connection with statements he made against the complainants from the European Parliament premises in Brussels and in a video published on YouTube and in a local German newspaper in May and June 2020 respectively; whereas in those statements Helmut Geuking allegedly criticised the German company for having filed for insolvency for the subsidiary company and for having laid off 200 employees without a severance package while at the same time sponsoring a German football team for an amount equivalent to the indemnities that, in his opinion, should have been paid to the employees that were dismissed;

| C. | whereas, in the meantime, the video statement has been deleted by Helmut Geuking; |
| --- | --- |

C.

whereas, in the meantime, the video statement has been deleted by Helmut Geuking;

| D. | whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also covers immunity from civil proceedings; |
| --- | --- |

D.

whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also covers immunity from civil proceedings;

| E. | whereas, in order to be effective, this protection must cover both the application for interim relief and the main proceedings; |
| --- | --- |

E.

whereas, in order to be effective, this protection must cover both the application for interim relief and the main proceedings;

| F. | whereas Parliament has broad discretion as to the direction it wishes to give to a decision following a request from its Member for the defence of immunity (2); |
| --- | --- |

F.

whereas Parliament has broad discretion as to the direction it wishes to give to a decision following a request from its Member for the defence of immunity (2);

| G. | whereas Article 8 of Protocol (No 7) on the Privileges and Immunities of the European Union stipulates that ‘Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties’; |
| --- | --- |

G.

whereas Article 8 of Protocol (No 7) on the Privileges and Immunities of the European Union stipulates that ‘Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties’;

| H. | whereas the statements made by Helmut Geuking were clearly made in his capacity as full Member of the Committee on Employment and Social Affairs of the European Parliament, which is the committee responsible for employment policy and all aspects of social policy including working conditions, social security, social inclusion and social protection and workers’ rights (inter alia) and whereas it is therefore apparent that those statements were made in the context of the exercise of his mandate as a Member of the European Parliament; |
| --- | --- |

H.

whereas the statements made by Helmut Geuking were clearly made in his capacity as full Member of the Committee on Employment and Social Affairs of the European Parliament, which is the committee responsible for employment policy and all aspects of social policy including working conditions, social security, social inclusion and social protection and workers’ rights (inter alia) and whereas it is therefore apparent that those statements were made in the context of the exercise of his mandate as a Member of the European Parliament;

| I. | whereas, moreover, in this case the amount of damages claimed by the complainants, including prohibitory injunction, damages and monetary compensation, amount to EUR 620 000 and therefore appear to resemble ‘punitive damages’, i.e. the amount asked is to be primarily intended as a deterrent against a repetition of the statement by Helmut Geuking and to prevent potential imitators from making similar statements; whereas the video statement was promptly deleted by Helmut Geuking; whereas, moreover, at the time the statements were made by Helmut Geuking, a public debate had already been taking its course through various media reports, with the applicants in the civil proceedings leaving those reports seemingly without a response; |
| --- | --- |

I.

whereas, moreover, in this case the amount of damages claimed by the complainants, including prohibitory injunction, damages and monetary compensation, amount to EUR 620 000 and therefore appear to resemble ‘punitive damages’, i.e. the amount asked is to be primarily intended as a deterrent against a repetition of the statement by Helmut Geuking and to prevent potential imitators from making similar statements; whereas the video statement was promptly deleted by Helmut Geuking; whereas, moreover, at the time the statements were made by Helmut Geuking, a public debate had already been taking its course through various media reports, with the applicants in the civil proceedings leaving those reports seemingly without a response;

| J. | whereas the purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties; |
| --- | --- |

J.

whereas the purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

| K. | whereas, pursuant to Rule 5 of its Rules of Procedure, in the exercise of its powers in respect of privileges and immunities, Parliament shall act to uphold its integrity as a democratic legislative assembly and to ensure the independence of its Members in the performance of their duties; |
| --- | --- |

K.

whereas, pursuant to Rule 5 of its Rules of Procedure, in the exercise of its powers in respect of privileges and immunities, Parliament shall act to uphold its integrity as a democratic legislative assembly and to ensure the independence of its Members in the performance of their duties;

1.

Decides to defend the privileges and immunities of Helmut Geuking;

2.

Instructs its President to forward this decision and the report of its committee responsible to the competent German authorities and to Helmut Geuking.

---

(1)  Judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23; judgment of the Court of Justice of 19 December 2019, Junqueras Vies, C-502/19, ECLI:EU:C:2019:1115.

1

Marra

De Gregorio and Clemente

Gollnisch

Parliament

Patriciello

Gollnisch

Parliament

Junqueras Vies

(2)  Case T-42/06, Gollnisch v Parliament, cited above, paragraph 101.

2

Gollnisch

Parliament

---

| 28.7.2023 | EN | Official Journal of the European Union | C 267/27 |
| --- | --- | --- | --- |

28.7.2023

EN

Official Journal of the European Union

C 267/27

---

P9_TA(2023)0022

Request for waiver of the immunity of Nicolas Bay

European Parliament decision of 2 February 2023 on the request for waiver of the immunity of Nicolas Bay (2022/2054(IMM))

(2023/C 267/05)

The European Parliament,

| — | having regard to the request of the Public Prosecutor of the Court of Appeal in Rouen for waiver of the immunity of Nicolas Bay dated 18 November 2021 and transmitted by letter dated 16 May 2022 by the French Ministry of justice, in the framework of a preliminary investigation, and announced in plenary on 8 June 2022, |
| --- | --- |

—

having regard to the request of the Public Prosecutor of the Court of Appeal in Rouen for waiver of the immunity of Nicolas Bay dated 18 November 2021 and transmitted by letter dated 16 May 2022 by the French Ministry of justice, in the framework of a preliminary investigation, and announced in plenary on 8 June 2022,

| — | having heard Nicolas Bay in accordance with Rule 9(6) of its Rules of Procedure, |
| --- | --- |

—

having heard Nicolas Bay in accordance with Rule 9(6) of its Rules of Procedure,

| — | having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage, |
| --- | --- |

—

having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

| — | having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 19 December 2019 (1), |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 19 December 2019 (1),

| — | having regard to Article 26 of the Constitution of the French Republic, as amended by Constitutional Law No 95-880 of 4 August 1995, |
| --- | --- |

—

having regard to Article 26 of the Constitution of the French Republic, as amended by Constitutional Law No 95-880 of 4 August 1995,

| — | having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A9-0015/2023), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A9-0015/2023),

| A. | whereas the Public Prosecutor of the Court of Appeal in Rouen (Normandy, France) requested the waiver of the immunity of Nicolas Bay, Member of the European Parliament for France, with a view to conducting a preliminary investigation in connection with criminal charges of alleged incitement to hatred or violence on the grounds of origin, ethnicity, nation, race or religion, by word, text, image or electronic public communication; |
| --- | --- |

A.

whereas the Public Prosecutor of the Court of Appeal in Rouen (Normandy, France) requested the waiver of the immunity of Nicolas Bay, Member of the European Parliament for France, with a view to conducting a preliminary investigation in connection with criminal charges of alleged incitement to hatred or violence on the grounds of origin, ethnicity, nation, race or religion, by word, text, image or electronic public communication;

| B. | whereas on 5 May 2021, Nicolas Bay published a video on his Twitter account and on Facebook, filmed in front of the Guinchainville mosque construction site (Normandy, France), which allegedly contained assertions linking the construction of mosques to the dissemination of political Islam on French territory and the perpetration of terrorist acts; whereas, in the video, he referred in particular to the murder of a resident of Évreux as evidence of delinquency, crime and terrorism; whereas the video remained on social media over time and prompted hate comments by readers, accompanied by calls for the eradication of all followers of Islam, both on Facebook and Twitter; |
| --- | --- |

B.

whereas on 5 May 2021, Nicolas Bay published a video on his Twitter account and on Facebook, filmed in front of the Guinchainville mosque construction site (Normandy, France), which allegedly contained assertions linking the construction of mosques to the dissemination of political Islam on French territory and the perpetration of terrorist acts; whereas, in the video, he referred in particular to the murder of a resident of Évreux as evidence of delinquency, crime and terrorism; whereas the video remained on social media over time and prompted hate comments by readers, accompanied by calls for the eradication of all followers of Islam, both on Facebook and Twitter;

| C. | whereas regional elections for the Normandy Regional Council were held on 20 June 2021; whereas at the time the comments in the video were recorded, Nicolas Bay was a candidate in these regional elections; whereas the video was recorded on the territory of Nicolas Bay’s electoral district; |
| --- | --- |

C.

whereas regional elections for the Normandy Regional Council were held on 20 June 2021; whereas at the time the comments in the video were recorded, Nicolas Bay was a candidate in these regional elections; whereas the video was recorded on the territory of Nicolas Bay’s electoral district;

| D. | whereas Nicolas Bay was invited to be heard by the competent police authorities on 6 September 2021 and whereas he failed to attend without providing justification; whereas a second invitation was sent to him to appear on 29 September 2021 and whereas on 21 September 2021 Nicolas Bay informed the police authorities by letter of his refusal to appear for his hearing, invoking his parliamentary immunity; |
| --- | --- |

D.

whereas Nicolas Bay was invited to be heard by the competent police authorities on 6 September 2021 and whereas he failed to attend without providing justification; whereas a second invitation was sent to him to appear on 29 September 2021 and whereas on 21 September 2021 Nicolas Bay informed the police authorities by letter of his refusal to appear for his hearing, invoking his parliamentary immunity;

| E. | whereas Parliament cannot assume the role of a court, and whereas, in a waiver of immunity procedure, a Member cannot be regarded as a defendant (2); |
| --- | --- |

E.

whereas Parliament cannot assume the role of a court, and whereas, in a waiver of immunity procedure, a Member cannot be regarded as a defendant (2);

| F. | whereas the alleged offences do not concern opinions expressed or votes cast by Nicolas Bay in the performance of his duties as a Member of the European Parliament within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union and instead concern activities of a regional nature; |
| --- | --- |

F.

whereas the alleged offences do not concern opinions expressed or votes cast by Nicolas Bay in the performance of his duties as a Member of the European Parliament within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union and instead concern activities of a regional nature;

| G. | whereas the purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties; |
| --- | --- |

G.

whereas the purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

| H. | whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union provides that Members of the European Parliament enjoy, in the territory of their own State, the immunities accorded to members of their Parliament; |
| --- | --- |

H.

whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union provides that Members of the European Parliament enjoy, in the territory of their own State, the immunities accorded to members of their Parliament;

| I. | whereas Article 26 of the French Constitution provides that no member of Parliament may be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the performance of his or her official duties and that no member of Parliament may be arrested for a crime or be subjected to any other custodial or semi-custodial measure without the authorisation of Parliament; |
| --- | --- |

I.

whereas Article 26 of the French Constitution provides that no member of Parliament may be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the performance of his or her official duties and that no member of Parliament may be arrested for a crime or be subjected to any other custodial or semi-custodial measure without the authorisation of Parliament;

| J. | whereas in this case, Parliament has found no evidence of fumus persecutionis, i.e. factual elements which indicate that the intention underlying the legal proceeding may be to damage a Member’s political activity and thus the European Parliament; |
| --- | --- |

J.

whereas in this case, Parliament has found no evidence of fumus persecutionis, i.e. factual elements which indicate that the intention underlying the legal proceeding may be to damage a Member’s political activity and thus the European Parliament;

1.

Decides to waive the immunity of Nicolas Bay;

2.

Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authorities of the French Republic and to Nicolas Bay.

---

(1)  Judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C 200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C 163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23; judgment of the Court of Justice of 19 December 2019, Junqueras Vies, C-502/19, ECLI:EU:C:2019:1115.

1

Marra

De Gregorio and Clemente

Gollnisch

Parliament

Patriciello

Gollnisch

Parliament

Junqueras Vies

(2)  Judgment of the General Court of 30 April 2019, Briois v Parliament, T-214/18, ECLI:EU:T:2019:266.

2

Briois

Parliament

---

| 28.7.2023 | EN | Official Journal of the European Union | C 267/29 |
| --- | --- | --- | --- |

28.7.2023

EN

Official Journal of the European Union

C 267/29

---

P9_TA(2023)0023

Request for waiver of the immunity of Andrea Cozzolino

European Parliament decision of 2 February 2023 on the request for waiver of the immunity of Andrea Cozzolino (2023/2006(IMM))

(2023/C 267/06)

The European Parliament,

| — | having regard to the request for waiver of the immunity of Andrea Cozzolino dated 28 December 2022, which was issued by the Federal Prosecutor at the Belgian Federal Public Prosecutor’s Office in connection with criminal proceedings that he wishes to institute against him and was forwarded by the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation by letter dated 30 December 2022 and announced in plenary on 16 January 2023, |
| --- | --- |

—

having regard to the request for waiver of the immunity of Andrea Cozzolino dated 28 December 2022, which was issued by the Federal Prosecutor at the Belgian Federal Public Prosecutor’s Office in connection with criminal proceedings that he wishes to institute against him and was forwarded by the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation by letter dated 30 December 2022 and announced in plenary on 16 January 2023,

| — | having heard Andrea Cozzolino in accordance with Rule 9(6) of its Rules of Procedure, |
| --- | --- |

—

having heard Andrea Cozzolino in accordance with Rule 9(6) of its Rules of Procedure,

| — | having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage, |
| --- | --- |

—

having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

| — | having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 19 December 2019 (1), |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 19 December 2019 (1),

| — | having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A9-0016/2023), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A9-0016/2023),

| A. | whereas the Federal Prosecutor at the Belgian Federal Public Prosecutor’s Office has requested the waiver of the immunity of Andrea Cozzolino, a Member of the European Parliament elected for Italy, in connection with an ongoing investigation into criminal offences; |
| --- | --- |

A.

whereas the Federal Prosecutor at the Belgian Federal Public Prosecutor’s Office has requested the waiver of the immunity of Andrea Cozzolino, a Member of the European Parliament elected for Italy, in connection with an ongoing investigation into criminal offences;

| B. | whereas the ongoing investigation has shown that Andrea Cozzolino may have been involved in acts of corruption arising from interference by one or more third countries aimed at influencing the debates and decisions taken in the European Parliament; |
| --- | --- |

B.

whereas the ongoing investigation has shown that Andrea Cozzolino may have been involved in acts of corruption arising from interference by one or more third countries aimed at influencing the debates and decisions taken in the European Parliament;

| C. | whereas it has also emerged from the ongoing investigation that Andrea Cozzolino is suspected of having, from 2019 onwards, participated in an agreement with other persons to cooperate in protecting the interests of third countries in the European Parliament, not least by impeding the adoption of parliamentary resolutions that might damage the interests of those countries, in exchange for sums of money; |
| --- | --- |

C.

whereas it has also emerged from the ongoing investigation that Andrea Cozzolino is suspected of having, from 2019 onwards, participated in an agreement with other persons to cooperate in protecting the interests of third countries in the European Parliament, not least by impeding the adoption of parliamentary resolutions that might damage the interests of those countries, in exchange for sums of money;

| D. | whereas the acts allegedly committed by Andrea Cozzolino constitute the criminal offences of public corruption under Articles 246 and 247 of the Belgian Criminal Code, of participation in a criminal organisation under Articles 324a and 324b of the Belgian Criminal Code, and of money laundering under Article 505 of the Belgian Criminal Code; |
| --- | --- |

D.

whereas the acts allegedly committed by Andrea Cozzolino constitute the criminal offences of public corruption under Articles 246 and 247 of the Belgian Criminal Code, of participation in a criminal organisation under Articles 324a and 324b of the Belgian Criminal Code, and of money laundering under Article 505 of the Belgian Criminal Code;

| E. | whereas Parliament cannot assume the role of a court, and whereas, in a waiver of immunity procedure, a Member cannot be regarded as a ‘defendant’ (2); |
| --- | --- |

E.

whereas Parliament cannot assume the role of a court, and whereas, in a waiver of immunity procedure, a Member cannot be regarded as a ‘defendant’ (2);

| F. | whereas parliamentary immunity is not a personal privilege of the Member, but a guarantee of the independence of Parliament as a whole and of its members, and whereas parliamentary immunity is intended to protect Parliament and its members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties; |
| --- | --- |

F.

whereas parliamentary immunity is not a personal privilege of the Member, but a guarantee of the independence of Parliament as a whole and of its members, and whereas parliamentary immunity is intended to protect Parliament and its members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

| G. | whereas the alleged offences do not constitute opinions expressed or votes cast by Andrea Cozzolino in the performance of his duties as a Member of the European Parliament within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union; |
| --- | --- |

G.

whereas the alleged offences do not constitute opinions expressed or votes cast by Andrea Cozzolino in the performance of his duties as a Member of the European Parliament within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

| H. | whereas by virtue of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy, in the territory of their own State, the immunities accorded to members of their parliament and, in the territory of any other Member State, immunity from any measure of detention and from legal proceedings; whereas immunity cannot be claimed when a member is found in the act of committing an offence, nor prevent the European Parliament from exercising its right to waive the immunity of one of its members; |
| --- | --- |

H.

whereas by virtue of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy, in the territory of their own State, the immunities accorded to members of their parliament and, in the territory of any other Member State, immunity from any measure of detention and from legal proceedings; whereas immunity cannot be claimed when a member is found in the act of committing an offence, nor prevent the European Parliament from exercising its right to waive the immunity of one of its members;

| I. | whereas it is for Parliament alone to decide, in a given case, whether or not to waive immunity; whereas Parliament may reasonably take account of the position of the Member in order to decide whether or not to waive his immunity (3); whereas, at his hearing, Andrea Cozzolino stated that he did not object to his parliamentary immunity being waived; |
| --- | --- |

I.

whereas it is for Parliament alone to decide, in a given case, whether or not to waive immunity; whereas Parliament may reasonably take account of the position of the Member in order to decide whether or not to waive his immunity (3); whereas, at his hearing, Andrea Cozzolino stated that he did not object to his parliamentary immunity being waived;

| J. | whereas, in this case, Parliament has found no evidence of fumus persecutionis, or in other words factual elements indicating that the intention underlying the judicial investigation in question may be to damage a Member’s political activity and thus the European Parliament; |
| --- | --- |

J.

whereas, in this case, Parliament has found no evidence of fumus persecutionis, or in other words factual elements indicating that the intention underlying the judicial investigation in question may be to damage a Member’s political activity and thus the European Parliament;

1.

Decides to waive the immunity of Andrea Cozzolino;

2.

Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of the Kingdom of Belgium and to Andrea Cozzolino.

---

(1)  Judgment of the Court of Justice of 21 October 2008, Marra, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI:EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23; judgment of the Court of Justice of 19 December 2019, Junqueras Vies, C-502/19, ECLI:EU:C:2019:1115.

1

(2)  Judgment of the General Court of 30 April 2019, Briois v Parliament, T-214/18, ECLI:EU:T:2019:266.

2

(3)  Judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440, paragraph 28.

3

---

| 28.7.2023 | EN | Official Journal of the European Union | C 267/31 |
| --- | --- | --- | --- |

28.7.2023

EN

Official Journal of the European Union

C 267/31

---

P9_TA(2023)0024

Request for waiver of the immunity of Marc Tarabella

European Parliament decision of 2 February 2023 on the request for waiver of the immunity of Marc Tarabella (2023/2005(IMM))

(2023/C 267/07)

The European Parliament,

| — | having regard to the request for waiver of the immunity of Marc Tarabella dated 28 December 2022, which was issued by the Federal Prosecutor at the Belgian Federal Public Prosecutor’s Office in connection with criminal proceedings that he wishes to institute against him and was forwarded by the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation by letter dated 30 December 2022 and announced in plenary on 16 January 2023, |
| --- | --- |

—

having regard to the request for waiver of the immunity of Marc Tarabella dated 28 December 2022, which was issued by the Federal Prosecutor at the Belgian Federal Public Prosecutor’s Office in connection with criminal proceedings that he wishes to institute against him and was forwarded by the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation by letter dated 30 December 2022 and announced in plenary on 16 January 2023,

| — | having regard to the fact that Marc Tarabella has renounced his right to be heard under Rule 9(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to the fact that Marc Tarabella has renounced his right to be heard under Rule 9(6) of its Rules of Procedure,

| — | having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage, |
| --- | --- |

—

having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

| — | having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 19 December 2019 (1), |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 19 December 2019 (1),

| — | having regard to Articles 58 and 59 of the Belgian Constitution, |
| --- | --- |

—

having regard to Articles 58 and 59 of the Belgian Constitution,

| — | having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A9-0017/2023), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A9-0017/2023),

| A. | whereas the Federal Prosecutor at the Belgian Federal Public Prosecutor’s Office has requested the waiver of the immunity of Marc Tarabella, a Member of the European Parliament elected for Belgium, in connection with an ongoing investigation into criminal offences; |
| --- | --- |

A.

whereas the Federal Prosecutor at the Belgian Federal Public Prosecutor’s Office has requested the waiver of the immunity of Marc Tarabella, a Member of the European Parliament elected for Belgium, in connection with an ongoing investigation into criminal offences;

| B. | whereas the ongoing investigation has shown that Marc Tarabella may have been involved in acts of corruption connected with interference by one or more third countries aimed at influencing the debates and decisions taken in the European Parliament; |
| --- | --- |

B.

whereas the ongoing investigation has shown that Marc Tarabella may have been involved in acts of corruption connected with interference by one or more third countries aimed at influencing the debates and decisions taken in the European Parliament;

| C. | whereas it has also emerged from the ongoing investigation that Marc Tarabella is suspected of having, over the past two years, supported certain positions within the European Parliament in favour of a third country in return for cash payments; whereas testimony against him suggests that such payments were made to him on several occasions, amounting to a total of between EUR 120 000 and EUR 140 000; |
| --- | --- |

C.

whereas it has also emerged from the ongoing investigation that Marc Tarabella is suspected of having, over the past two years, supported certain positions within the European Parliament in favour of a third country in return for cash payments; whereas testimony against him suggests that such payments were made to him on several occasions, amounting to a total of between EUR 120 000 and EUR 140 000;

| D. | whereas the acts allegedly committed by Marc Tarabella constitute the criminal offences of public corruption under Articles 246 and 247 of the Belgian Criminal Code, of participation in a criminal organisation under Articles 324a and 324b of the Belgian Criminal Code, and of money laundering under Article 505 of the Belgian Criminal Code; |
| --- | --- |

D.

whereas the acts allegedly committed by Marc Tarabella constitute the criminal offences of public corruption under Articles 246 and 247 of the Belgian Criminal Code, of participation in a criminal organisation under Articles 324a and 324b of the Belgian Criminal Code, and of money laundering under Article 505 of the Belgian Criminal Code;

| E. | whereas Parliament cannot assume the role of a court, and whereas, in a waiver of immunity procedure, a Member cannot be regarded as a ‘defendant’ (2); |
| --- | --- |

E.

whereas Parliament cannot assume the role of a court, and whereas, in a waiver of immunity procedure, a Member cannot be regarded as a ‘defendant’ (2);

| F. | whereas parliamentary immunity is not a personal privilege of the Member, but a guarantee of the independence of Parliament as a whole and of its members, and whereas parliamentary immunity is intended to protect Parliament and its members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties; |
| --- | --- |

F.

whereas parliamentary immunity is not a personal privilege of the Member, but a guarantee of the independence of Parliament as a whole and of its members, and whereas parliamentary immunity is intended to protect Parliament and its members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

| G. | whereas the alleged offences do not constitute opinions expressed or votes cast by Marc Tarabella in the performance of his duties as a Member of the European Parliament within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union; |
| --- | --- |

G.

whereas the alleged offences do not constitute opinions expressed or votes cast by Marc Tarabella in the performance of his duties as a Member of the European Parliament within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

| H. | whereas by virtue of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy, in the territory of their own State, the immunities accorded to members of their parliament and, in the territory of any other Member State, immunity from any measure of detention and from legal proceedings; whereas immunity cannot be claimed when a member is found in the act of committing an offence, nor prevent the European Parliament from exercising its right to waive the immunity of one of its members; |
| --- | --- |

H.

whereas by virtue of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy, in the territory of their own State, the immunities accorded to members of their parliament and, in the territory of any other Member State, immunity from any measure of detention and from legal proceedings; whereas immunity cannot be claimed when a member is found in the act of committing an offence, nor prevent the European Parliament from exercising its right to waive the immunity of one of its members;

| I. | whereas Article 59 of the Belgian Constitution provides as follows:
  ‘Except in the case of a flagrant offence, no member of either House may, during a session and in criminal matters, be directly referred or summoned before a court or be arrested, except with the authorisation of the House of which he is a member.
  Except in the case of a flagrant offence, coercive measures requiring the intervention of a judge cannot, during a session and in criminal matters, be instituted against a member of either House, except by the first President of the appeal court at the request of the competent judge. This decision is to be communicated to the President of the House concerned.
  All searches or seizures executed by virtue of the preceding paragraph can be performed only in the presence of the President of the House concerned or a member appointed by him.
  During the session, only the officers of the public prosecutor’s office and competent officers may institute criminal proceedings against a member of either House.
  The member concerned of either House may at any stage of the judicial enquiry request during a session and in criminal matters that the House of which he is a member suspend proceedings. To grant this request, the House concerned must decide by a two-thirds majority of the votes cast.
  Detention of a member of either House or his prosecution before a court is suspended during the session if the House of which he is a member so requests.’ |
| --- | --- |

I.

whereas Article 59 of the Belgian Constitution provides as follows:

‘Except in the case of a flagrant offence, no member of either House may, during a session and in criminal matters, be directly referred or summoned before a court or be arrested, except with the authorisation of the House of which he is a member.

Except in the case of a flagrant offence, coercive measures requiring the intervention of a judge cannot, during a session and in criminal matters, be instituted against a member of either House, except by the first President of the appeal court at the request of the competent judge. This decision is to be communicated to the President of the House concerned.

All searches or seizures executed by virtue of the preceding paragraph can be performed only in the presence of the President of the House concerned or a member appointed by him.

During the session, only the officers of the public prosecutor’s office and competent officers may institute criminal proceedings against a member of either House.

The member concerned of either House may at any stage of the judicial enquiry request during a session and in criminal matters that the House of which he is a member suspend proceedings. To grant this request, the House concerned must decide by a two-thirds majority of the votes cast.

Detention of a member of either House or his prosecution before a court is suspended during the session if the House of which he is a member so requests.’

| J. | whereas, in this case, Parliament has found no evidence of fumus persecutionis, or in other words factual elements indicating that the intention underlying the judicial investigation in question may be to damage a Member’s political activity and thus the European Parliament; |
| --- | --- |

J.

whereas, in this case, Parliament has found no evidence of fumus persecutionis, or in other words factual elements indicating that the intention underlying the judicial investigation in question may be to damage a Member’s political activity and thus the European Parliament;

| K. | whereas it is for Parliament alone to decide, in a given case, whether or not to waive immunity; whereas Parliament may reasonably take account of the position of the Member in order to decide whether or not to waive his immunity (3); whereas Marc Tarabella has stated that he has no objection to the waiver of his parliamentary immunity; |
| --- | --- |

K.

whereas it is for Parliament alone to decide, in a given case, whether or not to waive immunity; whereas Parliament may reasonably take account of the position of the Member in order to decide whether or not to waive his immunity (3); whereas Marc Tarabella has stated that he has no objection to the waiver of his parliamentary immunity;

1.

Decides to waive the immunity of Marc Tarabella;

2.

Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of the Kingdom of Belgium and to Marc Tarabella.

---

(1)  Judgment of the Court of Justice of 21 October 2008, Marra, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI:EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23; judgment of the Court of Justice of 19 December 2019, Junqueras Vies, C-502/19, ECLI:EU:C:2019:1115.

1

(2)  Judgment of the General Court of 30 April 2019, Briois v Parliament, T-214/18, ECLI:EU:T:2019:266.

2

(3)  Judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440, paragraph 28.

3

---

III Preparatory acts

European Parliament

Thursday 2 February 2023

| 28.7.2023 | EN | Official Journal of the European Union | C 267/33 |
| --- | --- | --- | --- |

28.7.2023

EN

Official Journal of the European Union

C 267/33

---

P9_TA(2023)0025

European system of national and regional accounts in the European Union (ESA 2010)

European Parliament legislative resolution of 2 February 2023 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 549/2013 and repealing 11 legal acts in the field of National Accounts (COM(2021)0776 — C9-0461/2021 — 2021/0407(COD))

(Ordinary legislative procedure: first reading)

(2023/C 267/08)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2021)0776), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2021)0776),

| — | having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0461/2021), |
| --- | --- |

—

having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0461/2021),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Central Bank of 25 March 2022 (1), |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 25 March 2022 (1),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 30 November 2022 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 30 November 2022 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A9-0202/2022), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A9-0202/2022),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

(1)  OJ C 218, 2.6.2022, p. 2.

---

P9_TC1-COD(2021)0407

Position of the European Parliament adopted at first reading on 2 February 2023 with a view to the adoption of Regulation (EU) 2023/... of the European Parliament and of the Council amending Regulation (EU) No 549/2013 on the European system of national and regional accounts in the European Union and repealing 11 legal acts in the field of national accounts

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2023/734.)

---

| 28.7.2023 | EN | Official Journal of the European Union | C 267/35 |
| --- | --- | --- | --- |

28.7.2023

EN

Official Journal of the European Union

C 267/35

---

P9_TA(2023)0026

Conservation of the Southern Bluefin Tuna: conservation and management measures

European Parliament legislative resolution of 2 February 2023 on the proposal for a regulation of the European Parliament and of the Council laying down conservation and management measures for the Conservation of the Southern Bluefin Tuna (COM(2021)0424 — C9-0344/2021 — 2021/0242(COD))

(Ordinary legislative procedure: first reading)

(2023/C 267/09)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2021)0424), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2021)0424),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0344/2021), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0344/2021),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 22 October 2021 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 22 October 2021 (1),

| — | having regard to the provisional agreement approved by the responsible committee(s) under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 9 November 2022 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the responsible committee(s) under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 9 November 2022 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A9-0134/2022), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A9-0134/2022),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

(1)  OJ C 105, 4.3.2022, p. 151.

---

P9_TC1-COD(2021)0242

Position of the European Parliament adopted at first reading on 2 February 2023 with a view to the adoption of Regulation (EU) 2023/... of the European Parliament and of the Council laying down conservation and management measures for the conservation of southern bluefin tuna

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2023/675.)

---

| 28.7.2023 | EN | Official Journal of the European Union | C 267/36 |
| --- | --- | --- | --- |

28.7.2023

EN

Official Journal of the European Union

C 267/36

---

P9_TA(2023)0027

Transparency and targeting of political advertising

Amendments adopted by the European Parliament on 2 February 2023 on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising (COM(2021)0731 — C9-0433/2021 — 2021/0381(COD)) (1)

(Ordinary legislative procedure: first reading)

(2023/C 267/10)

Amendment 1

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, ‘ad-tech’ platforms, public relations firms, influencers and various data analytics and brokerage operators. Political advertising can take many forms including paid content, sponsored search results, paid targeted messages, promotion in rankings, promotion of something or someone integrated into content such as product placement, influencers and other endorsements. Related activities can involve for instance the dissemination of political advertising upon request of a sponsor or the publication of content against payment. |

Text proposed by the Commission

Amendment

(1)

The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, ‘ad-tech’ platforms, public relations firms, influencers and various data analytics and brokerage operators. Political advertising can take many forms including paid content, sponsored search results, paid targeted messages, promotion in rankings, promotion of something or someone integrated into content such as product placement, influencers and other endorsements. Related activities can involve for instance the dissemination of political advertising upon request of a sponsor or the publication of content against payment.

| (1) | The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, ‘ad-tech’ platforms, public relations firms, influencers and various data analytics and brokerage operators. Political advertising can take many forms including paid content, sponsored search results, paid targeted messages, promotion in rankings, promotion of something or someone integrated into content such as product placement, influencers and other endorsements. Related activities can involve for instance the dissemination of political advertising upon request of a sponsor or the publication of content against payment
  or other forms of remuneration, including benefits in kind
  . |
| --- | --- |

(1)

The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, ‘ad-tech’ platforms, public relations firms, influencers and various data analytics and brokerage operators. Political advertising can take many forms including paid content, sponsored search results, paid targeted messages, promotion in rankings, promotion of something or someone integrated into content such as product placement, influencers and other endorsements. Related activities can involve for instance the dissemination of political advertising upon request of a sponsor or the publication of content against payment
  or other forms of remuneration, including benefits in kind
  .

Amendment 2

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | Political advertising can be disseminated or published through various means and media across borders. It can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross-border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms. |

Text proposed by the Commission

Amendment

(2)

Political advertising can be disseminated or published through various means and media across borders. It can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross-border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms.

| (2) | Political advertising can be disseminated or published through various means and media across borders
  both online and offline
  .
  It is rapidly increasing as
  it can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross-border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms. |
| --- | --- |

(2)

Political advertising can be disseminated or published through various means and media across borders
  both online and offline
  .
  It is rapidly increasing as
  it can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross-border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms.

Amendment 3

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner.
  A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat
  disinformation
  and unlawful interference including from abroad
  . Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature,
  and
  where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made,
  and how
  they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. |

Text proposed by the Commission

Amendment

(4)

The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner.
  A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat
  disinformation
  and unlawful interference including from abroad
  . Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature,
  and
  where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made,
  and how
  they are being targeted by an advertising service provider, so that voters are better placed to make informed choices.

| (4) | The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner.
  Furthermore, the increasingly sophisticated and intense interference by malign foreign actors in our democratic electoral processes through the spread of
  disinformation
  should be tackled
  . Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature,
  where it comes from sponsors outside of the Union or
  where it is targeted
  or amplified. A high level of transparency is necessary inter alia to support an open and fair political debate, political campaigns and free and fair elections or referendums and to combat disinformation and unlawful interference, including from third countries
  . Transparency of political advertising contributes to enabling voters
  and individuals in general
  to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made,
  as well as how and why
  they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. |
| --- | --- |

(4)

The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner.
  Furthermore, the increasingly sophisticated and intense interference by malign foreign actors in our democratic electoral processes through the spread of
  disinformation
  should be tackled
  . Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature,
  where it comes from sponsors outside of the Union or
  where it is targeted
  or amplified. A high level of transparency is necessary inter alia to support an open and fair political debate, political campaigns and free and fair elections or referendums and to combat disinformation and unlawful interference, including from third countries
  . Transparency of political advertising contributes to enabling voters
  and individuals in general
  to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made,
  as well as how and why
  they are being targeted by an advertising service provider, so that voters are better placed to make informed choices.

Amendment 4

Proposal for a regulation

Recital 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4a) | Providers of advertising services which are intermediary service providers within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) involved in the presentation of political advertising on their interface or the interface of another service provider should be encouraged to establish, implement and publish tailored policies and measures to prevent the placement of political advertising together with disinformation, including by participation in wider disinformation demonetisation initiatives such as the Code of practice on disinformation. |

Text proposed by the Commission

Amendment

(4a)

Providers of advertising services which are intermediary service providers within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) involved in the presentation of political advertising on their interface or the interface of another service provider should be encouraged to establish, implement and publish tailored policies and measures to prevent the placement of political advertising together with disinformation, including by participation in wider disinformation demonetisation initiatives such as the Code of practice on disinformation.

Amendment 5

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | In the context of political advertising, targeting techniques are frequently used. Targeting
  or amplification
  techniques should be understood as techniques that are used
  either to address a tailored
  political advertisement only to a specific person or group of persons or to
  increase the circulation, reach or visibility of a
  political
  advertisement
  . Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental
  right
  to be informed in an objective, transparent and pluralistic way. |

Text proposed by the Commission

Amendment

(5)

In the context of political advertising, targeting techniques are frequently used. Targeting
  or amplification
  techniques should be understood as techniques that are used
  either to address a tailored
  political advertisement only to a specific person or group of persons or to
  increase the circulation, reach or visibility of a
  political
  advertisement
  . Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental
  right
  to be informed in an objective, transparent and pluralistic way.

| (5) | In the context of political advertising, targeting
  and ad delivery
  techniques are frequently used. Targeting techniques should be understood as techniques that are used
  to tailor
  political advertisement only to a specific person or group of persons or to
  exclude them by processing personal data. Ad delivery techniques should be understood as automated techniques of processing of personal data that are used to determine a specific audience, as a specific person or group of persons within the potential audience, for the dissemination of
  political
  advertisements. Such techniques are used by political advertising publishers and especially by very large online platforms within the meaning of Regulation (EU) 2022/2065 (Digital Services Act), to deliver political advertisements to a targeted audience based on personal data and on the content of advertisements. Delivering advertisements using such techniques involves the use of opaque algorithms and can differ from what the sponsors and providers of advertising services, acting on behalf of sponsors, intended, making some users less likely than others to see particular political advertisements
  . Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness,
  freedom of expression,
  equal opportunities and transparency in the electoral process and the fundamental
  rights
  to be informed in an objective, transparent and pluralistic way
  , to privacy and the protection of personal data and equality and non-discrimination
  . |
| --- | --- |

(5)

In the context of political advertising, targeting
  and ad delivery
  techniques are frequently used. Targeting techniques should be understood as techniques that are used
  to tailor
  political advertisement only to a specific person or group of persons or to
  exclude them by processing personal data. Ad delivery techniques should be understood as automated techniques of processing of personal data that are used to determine a specific audience, as a specific person or group of persons within the potential audience, for the dissemination of
  political
  advertisements. Such techniques are used by political advertising publishers and especially by very large online platforms within the meaning of Regulation (EU) 2022/2065 (Digital Services Act), to deliver political advertisements to a targeted audience based on personal data and on the content of advertisements. Delivering advertisements using such techniques involves the use of opaque algorithms and can differ from what the sponsors and providers of advertising services, acting on behalf of sponsors, intended, making some users less likely than others to see particular political advertisements
  . Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness,
  freedom of expression,
  equal opportunities and transparency in the electoral process and the fundamental
  rights
  to be informed in an objective, transparent and pluralistic way
  , to privacy and the protection of personal data and equality and non-discrimination
  .

Amendment 6

Proposal for a regulation

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes
  in national legislation
  are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. |

Text proposed by the Commission

Amendment

(6)

Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes
  in national legislation
  are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising.

| (6) | Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services
  , which directly affect the capacity to conduct cross-border and pan-European political campaigns
  . Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes are likely to exist in
  the national legislation of
  some Member States
  , as well as in Union legislation,
  resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. |
| --- | --- |

(6)

Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services
  , which directly affect the capacity to conduct cross-border and pan-European political campaigns
  . Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes are likely to exist in
  the national legislation of
  some Member States
  , as well as in Union legislation,
  resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising.

Amendment 7

Proposal for a regulation

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers. |

Text proposed by the Commission

Amendment

(8)

This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers.

| (8) | This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing,
  promoting,
  publishing
  , delivering
  or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers
  as a consequence of the disparity in the level of obligations and compliance between those different types of service providers
  , and requires complex compliance efforts and additional costs for relevant service providers. |
| --- | --- |

(8)

This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing,
  promoting,
  publishing
  , delivering
  or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers
  as a consequence of the disparity in the level of obligations and compliance between those different types of service providers
  , and requires complex compliance efforts and additional costs for relevant service providers.

Amendment 8

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market. |

Text proposed by the Commission

Amendment

(9)

In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market.

| (9) | In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement,
  promotion,
  publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market. |
| --- | --- |

(9)

In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement,
  promotion,
  publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market.

Amendment 9

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down
  uniform
  transparency
  obligations for
  providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU. |

Text proposed by the Commission

Amendment

(10)

A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down
  uniform
  transparency
  obligations for
  providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU.

| (10) | A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down
  harmonised rules on provision of political advertising services, and on
  transparency
  and due diligence for sponsors and
  providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU. |
| --- | --- |

(10)

A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down
  harmonised rules on provision of political advertising services, and on
  transparency
  and due diligence for sponsors and
  providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU.

Amendment 10

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising. |

Text proposed by the Commission

Amendment

(11)

Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.

| (11) | Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency
  and due diligence
  requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising. |
| --- | --- |

(11)

Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency
  and due diligence
  requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.

Amendment 11

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | This Regulation should
  not
  affect the
  substantive
  content of political advertising nor rules regulating the
  display
  of political advertising including
  so-called silence periods preceding elections or referendums
  . |

Text proposed by the Commission

Amendment

(13)

This Regulation should
  not
  affect the
  substantive
  content of political advertising nor rules regulating the
  display
  of political advertising including
  so-called silence periods preceding elections or referendums
  .

| (13) | This Regulation should
  neither
  affect the content of political advertising nor
  Union or Member States
  rules regulating the
  content
  of political advertising
  , presentation of political advertisiements, electoral periods and the conduct of political campaigning
  including
  advertising bans. Furthermore, this Regulation should not affect, in particular, the fundamental right to freedom of opinion and freedom of speech
  . |
| --- | --- |

(13)

This Regulation should
  neither
  affect the content of political advertising nor
  Union or Member States
  rules regulating the
  content
  of political advertising
  , presentation of political advertisiements, electoral periods and the conduct of political campaigning
  including
  advertising bans. Furthermore, this Regulation should not affect, in particular, the fundamental right to freedom of opinion and freedom of speech
  .

Amendment 12

Proposal for a regulation

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | The specific needs of micro, small and medium-size enterprises should be taken into account in the application and enforcement of this Regulation, in line with the principle of proportionality. The notion of micro, small and medium-sized enterprises should be understood within the meaning of Directive 2013/34/EU. |

Text proposed by the Commission

Amendment

(13a)

The specific needs of micro, small and medium-size enterprises should be taken into account in the application and enforcement of this Regulation, in line with the principle of proportionality. The notion of micro, small and medium-sized enterprises should be understood within the meaning of Directive 2013/34/EU.

Amendment 13

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | The Regulation should provide for harmonised transparency
  requirement
  applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and
  amplification
  techniques in the context of the publication, dissemination
  or promotion
  of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and
  amplification
  are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed
  or
  published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination. |

Text proposed by the Commission

Amendment

(14)

The Regulation should provide for harmonised transparency
  requirement
  applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and
  amplification
  techniques in the context of the publication, dissemination
  or promotion
  of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and
  amplification
  are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed
  or
  published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination.

| (14) | The Regulation should provide for harmonised transparency
  and due diligence requirements
  applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication
  , delivery
  and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and
  ad delivery
  techniques in the context of the
  promotion,
  publication,
  delivery or
  dissemination of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and
  ad delivery
  are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed
  , promoted,
  published
  delivered or disseminated
  by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination. |
| --- | --- |

(14)

The Regulation should provide for harmonised transparency
  and due diligence requirements
  applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication
  , delivery
  and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and
  ad delivery
  techniques in the context of the
  promotion,
  publication,
  delivery or
  dissemination of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and
  ad delivery
  are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed
  , promoted,
  published
  delivered or disseminated
  by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination.

Amendment 14

Proposal for a regulation

Recital 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14a) | The specificities of the medium of publication or dissemination of the political advertisement should be taken into account in the application and enforcement of this Regulation. |

Text proposed by the Commission

Amendment

(14a)

The specificities of the medium of publication or dissemination of the political advertisement should be taken into account in the application and enforcement of this Regulation.

Amendment 15

Proposal for a regulation

Recital 14 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14b) | This Regulation should recall the importance of the principle of non-discrimination in the cross-border provision of political advertising services in the Union. Providers of political advertising services should not discriminate against sponsors legally established in the Union, including in the case of cross-border services to European political parties, as it would harm the possibility for the conduction of cross-border political campaigns, essential to foster a European public sphere. However, refusal to provide services in a Member State where providers of political advertising services do not conduct business does not constitute discrimination as such service providers should not be compelled to conduct business in a Member State in which they are not economically active. |

Text proposed by the Commission

Amendment

(14b)

This Regulation should recall the importance of the principle of non-discrimination in the cross-border provision of political advertising services in the Union. Providers of political advertising services should not discriminate against sponsors legally established in the Union, including in the case of cross-border services to European political parties, as it would harm the possibility for the conduction of cross-border political campaigns, essential to foster a European public sphere. However, refusal to provide services in a Member State where providers of political advertising services do not conduct business does not constitute discrimination as such service providers should not be compelled to conduct business in a Member State in which they are not economically active.

Amendment 16

Proposal for a regulation

Recital 14 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14c) | A solid body of evidence shows that foreign actors have been actively interfering in the democratic functioning of the Union and its Member States, particularly during election and referendum periods. Considering that foreign interferences constitute a serious violation of values and principles on which the Union is funded and moreover, foreign interferences, information manipulation and disinformation are an abuse of the fundamental freedoms of expression and information as laid down in Article 11 of the Charter and threaten these freedoms, as well as undermining democratic processes in the EU and its Member States, such as the holding of free and fair elections, it is necessary to take appropriate measures to combat disinformation and prevent such interferences by means of advertisements sponsored by actors coming from outside the Union. To support the enforcement of national rules concerning external interference in elections, it is necessary to ensure that political advertising sponsored, prepared, placed, promoted, published, delivered or disseminated in the Union, or directed to individuals in one or more Member States, regardless of the place of establishment of service providers, can be supplied only to sponsors who are citizens of the Union, and to service providers acting on behalf of such sponsors, in addition to natural or legal persons residing or established in the Union. For the purposes of determining the place of establishment of a sponsor, the place of establishment of entities ultimately controlling the sponsor should be taken into account. |

Text proposed by the Commission

Amendment

(14c)

A solid body of evidence shows that foreign actors have been actively interfering in the democratic functioning of the Union and its Member States, particularly during election and referendum periods. Considering that foreign interferences constitute a serious violation of values and principles on which the Union is funded and moreover, foreign interferences, information manipulation and disinformation are an abuse of the fundamental freedoms of expression and information as laid down in Article 11 of the Charter and threaten these freedoms, as well as undermining democratic processes in the EU and its Member States, such as the holding of free and fair elections, it is necessary to take appropriate measures to combat disinformation and prevent such interferences by means of advertisements sponsored by actors coming from outside the Union. To support the enforcement of national rules concerning external interference in elections, it is necessary to ensure that political advertising sponsored, prepared, placed, promoted, published, delivered or disseminated in the Union, or directed to individuals in one or more Member States, regardless of the place of establishment of service providers, can be supplied only to sponsors who are citizens of the Union, and to service providers acting on behalf of such sponsors, in addition to natural or legal persons residing or established in the Union. For the purposes of determining the place of establishment of a sponsor, the place of establishment of entities ultimately controlling the sponsor should be taken into account.

Amendment 17

Proposal for a regulation

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and
  amplification
  . This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country. |

Text proposed by the Commission

Amendment

(15)

There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and
  amplification
  . This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country.

| (15) | There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and
  ad delivery
  . This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country. |
| --- | --- |

(15)

There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and
  ad delivery
  . This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country.

Amendment 18

Proposal for a regulation

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature. |

Text proposed by the Commission

Amendment

(16)

The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.

| (16) | The definition of political advertising should include advertising
  prepared, placed, promoted,
  published
  , delivered
  or disseminated directly or indirectly by or
  prepared, placed, promoted,
  published
  , delivered
  or disseminated
  by any means
  directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate,
  or the outcome of an election or referendum,
  except for messages of purely private or purely commercial nature.
  In order to determine that a message is of a purely private or purely commercial nature, account should be taken of all relevant factors, such as its content, the language used to convey it, the context in which it is conveyed, its objective and the means by which it is promoted, published or disseminated. Messages concerning a political actor’s family status or business activities can be purely private or purely commercial. In addition, the definition of political advertising should include prepared, placed, promoted, published, delivered or disseminated messages which are liable to influence the outcome of an election or referendum or a legislative or regulatory process or voting behaviour. Those messages cannot be considered as purely private or purely commercial. Those messages can originate from any natural or legal person, including from official sources, such as governments, public authorities, institutions or bodies. However, if their messages are strictly limited to the announcement of elections or referendums or of the modalities for participation into elections or referendums, they shall be excluded from the scope. |
| --- | --- |

(16)

The definition of political advertising should include advertising
  prepared, placed, promoted,
  published
  , delivered
  or disseminated directly or indirectly by or
  prepared, placed, promoted,
  published
  , delivered
  or disseminated
  by any means
  directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate,
  or the outcome of an election or referendum,
  except for messages of purely private or purely commercial nature.
  In order to determine that a message is of a purely private or purely commercial nature, account should be taken of all relevant factors, such as its content, the language used to convey it, the context in which it is conveyed, its objective and the means by which it is promoted, published or disseminated. Messages concerning a political actor’s family status or business activities can be purely private or purely commercial. In addition, the definition of political advertising should include prepared, placed, promoted, published, delivered or disseminated messages which are liable to influence the outcome of an election or referendum or a legislative or regulatory process or voting behaviour. Those messages cannot be considered as purely private or purely commercial. Those messages can originate from any natural or legal person, including from official sources, such as governments, public authorities, institutions or bodies. However, if their messages are strictly limited to the announcement of elections or referendums or of the modalities for participation into elections or referendums, they shall be excluded from the scope.

Amendment 19

Proposal for a regulation

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant
  factors
  such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated
  . Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour
  . |

Text proposed by the Commission

Amendment

(17)

The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant
  factors
  such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated
  . Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour
  .

| (17) | The
  promotion,
  publication
  , delivery
  or dissemination by other actors of a message that is liable to influence, the outcome of an election or referendum, legislative or regulatory process or voting behaviour
  or the public opinion on societal or controversial issues at Union, national, regional, local or at a political party level
  should also constitute political advertising
  . A legislative or regulatory process should include decision making having binding effects of general application at the local, regional, national or European level
  . In order to determine whether the publication
  , promotion
  or dissemination of a message is liable to influence, the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all
  factors
  relevant
  at the time the message was promoted, published, delivered or disseminated,
  such as
  the identity of the sponsor of the message, the form and
  the content of the message, the
  spoken or written
  language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is
  promoted,
  published
  , delivered
  or disseminated
  , the audience targeted and the objective of the message
  . |
| --- | --- |

(17)

The
  promotion,
  publication
  , delivery
  or dissemination by other actors of a message that is liable to influence, the outcome of an election or referendum, legislative or regulatory process or voting behaviour
  or the public opinion on societal or controversial issues at Union, national, regional, local or at a political party level
  should also constitute political advertising
  . A legislative or regulatory process should include decision making having binding effects of general application at the local, regional, national or European level
  . In order to determine whether the publication
  , promotion
  or dissemination of a message is liable to influence, the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all
  factors
  relevant
  at the time the message was promoted, published, delivered or disseminated,
  such as
  the identity of the sponsor of the message, the form and
  the content of the message, the
  spoken or written
  language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is
  promoted,
  published
  , delivered
  or disseminated
  , the audience targeted and the objective of the message
  .

Amendment 20

Proposal for a regulation

Recital 17 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17a) | Communication of a political party with its current or former members is an inherent part of the membership in a political party and should not constitute political advertising. |

Text proposed by the Commission

Amendment

(17a)

Communication of a political party with its current or former members is an inherent part of the membership in a political party and should not constitute political advertising.

Amendment 21

Proposal for a regulation

Recital 17 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17b) | Commercial advertising and marketing practices can legitimately affect consumers' perceptions of products and services or their buying behaviour, including through brand differentiation based on company actions in the field of corporate social responsibility, delivering social impact, or any other types of purpose-driven engagement. Commercial advertising in some cases may be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, in which case this Regulation should apply. |

Text proposed by the Commission

Amendment

(17b)

Commercial advertising and marketing practices can legitimately affect consumers' perceptions of products and services or their buying behaviour, including through brand differentiation based on company actions in the field of corporate social responsibility, delivering social impact, or any other types of purpose-driven engagement. Commercial advertising in some cases may be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, in which case this Regulation should apply.

Amendment 22

Proposal for a regulation

Recital 17 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17c) | For the effective implementation of the requirements of this Regulation, and in particular to support the sponsors of advertising and service providers acting on behalf of the sponsors in declaring political advertising, and to support providers of political advertising services in facilitating and appropriately administrating such declarations, it is necessary for the Commission to draw up common guidance. |

Text proposed by the Commission

Amendment

(17c)

For the effective implementation of the requirements of this Regulation, and in particular to support the sponsors of advertising and service providers acting on behalf of the sponsors in declaring political advertising, and to support providers of political advertising services in facilitating and appropriately administrating such declarations, it is necessary for the Commission to draw up common guidance.

Amendment 23

Proposal for a regulation

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | Practical information from official sources
  regarding the organisation and
  modalities for participation in the elections or referendums should not constitute political advertising. |

Text proposed by the Commission

Amendment

(18)

Practical information from official sources
  regarding the organisation and
  modalities for participation in the elections or referendums should not constitute political advertising.

| (18) | Practical information from official sources
  strictly limited to the announcement of elections or referendums or of the
  modalities for participation in the elections or referendums should not constitute political advertising. |
| --- | --- |

(18)

Practical information from official sources
  strictly limited to the announcement of elections or referendums or of the
  modalities for participation in the elections or referendums should not constitute political advertising.

Amendment 24

Proposal for a regulation

Recital 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| (19) | Political views expressed
  in the programmes of audiovisual linear broadcasts or published in printed
  media
  without direct payment or equivalent remuneration
  should not be covered by this Regulation. |

Text proposed by the Commission

Amendment

(19)

Political views expressed
  in the programmes of audiovisual linear broadcasts or published in printed
  media
  without direct payment or equivalent remuneration
  should not be covered by this Regulation.

| (19) | The media contribute to the well-functioning of democratic processes and play an essential role in the freedom of expression and right to information, particularly during election periods. They provide a space for public debate and contribute to public opinion-forming. This Regulation should not affect the editorial freedom of the media.
  Political views
  and opinions or other editorial content
  expressed
  or disseminated for journalistic purposes or under the editorial responsibility of a
  media
  service provider should not be considered political advertising and
  should not be covered by this Regulation
  , if no payment or other remuneration is provided by third parties specifically for the expression of the views or opinions
  .
  Such political views and opinions which are additionally promoted, published or disseminated by service provider should in any case be considered to be political advertising. Journalistic practices established either in national law or by media and press councils in accordance with Union law, including the Charter of Fundamental Rights, should apply. Any form of surreptitious advertising should be prohibited. |
| --- | --- |

(19)

The media contribute to the well-functioning of democratic processes and play an essential role in the freedom of expression and right to information, particularly during election periods. They provide a space for public debate and contribute to public opinion-forming. This Regulation should not affect the editorial freedom of the media.
  Political views
  and opinions or other editorial content
  expressed
  or disseminated for journalistic purposes or under the editorial responsibility of a
  media
  service provider should not be considered political advertising and
  should not be covered by this Regulation
  , if no payment or other remuneration is provided by third parties specifically for the expression of the views or opinions
  .
  Such political views and opinions which are additionally promoted, published or disseminated by service provider should in any case be considered to be political advertising. Journalistic practices established either in national law or by media and press councils in accordance with Union law, including the Charter of Fundamental Rights, should apply. Any form of surreptitious advertising should be prohibited.

Amendment 25

Proposal for a regulation

Recital 19 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19a) | Media literacy is central to allow individuals to use media effectively and safely. It is also an essential skill for the public to benefit from the access to information on political advertisement provided by this Regulation. Therefore, it is important to promote the development of media literacy in Member States and at Union level, in all sections of the society, for individuals of all ages. |

Text proposed by the Commission

Amendment

(19a)

Media literacy is central to allow individuals to use media effectively and safely. It is also an essential skill for the public to benefit from the access to information on political advertisement provided by this Regulation. Therefore, it is important to promote the development of media literacy in Member States and at Union level, in all sections of the society, for individuals of all ages.

Amendment 26

Proposal for a regulation

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media or via an online platforms service. |

Text proposed by the Commission

Amendment

(21)

It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media or via an online platforms service.

| (21) | It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media
  , online media portals, on web pages showing results from search engine queries
  or via an online platforms service. |
| --- | --- |

(21)

It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media
  , online media portals, on web pages showing results from search engine queries
  or via an online platforms service.

Amendment 27

Proposal for a regulation

Recital 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| (24) | An advertising campaign should refer to the preparation, publication and dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle. |

Text proposed by the Commission

Amendment

(24)

An advertising campaign should refer to the preparation, publication and dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle.

| (24) | An advertising campaign should refer to the preparation,
  placement, promotion,
  publication
  , delivery
  and dissemination of a series of linked advertisements in the course of a contract for political advertising
  services
  , on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication
  , delivery
  and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle
  or legislative process
  . |
| --- | --- |

(24)

An advertising campaign should refer to the preparation,
  placement, promotion,
  publication
  , delivery
  and dissemination of a series of linked advertisements in the course of a contract for political advertising
  services
  , on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication
  , delivery
  and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle
  or legislative process
  .

Amendment 28

Proposal for a regulation

Recital 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| (25) | The definition of political advertising should not affect national definitions of political party, political aims or campaign periods at national level. |

Text proposed by the Commission

Amendment

(25)

The definition of political advertising should not affect national definitions of political party, political aims or campaign periods at national level.

| (25) | The definition of political advertising should not affect national definitions of political party, political aims or
  political
  campaign periods at national level. |
| --- | --- |

(25)

The definition of political advertising should not affect national definitions of political party, political aims or
  political
  campaign periods at national level.

Amendment 29

Proposal for a regulation

Recital 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| (26) | In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, placement, promotion, publication and dissemination of political advertising. |

Text proposed by the Commission

Amendment

(26)

In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, placement, promotion, publication and dissemination of political advertising.

| (26) | In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation
  such as the design and planning of an advertisement or campaign
  ,
  or in the
  placement, promotion, publication
  , delivery
  and dissemination of political advertising.
  For example, providers of political advertising services may initiate political advertising services on behalf of sponsors. The provision of targeting and ad delivery techniques in the context of political advertising should be understood to be a political advertising service. |
| --- | --- |

(26)

In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation
  such as the design and planning of an advertisement or campaign
  ,
  or in the
  placement, promotion, publication
  , delivery
  and dissemination of political advertising.
  For example, providers of political advertising services may initiate political advertising services on behalf of sponsors. The provision of targeting and ad delivery techniques in the context of political advertising should be understood to be a political advertising service.

Amendment 30

Proposal for a regulation

Recital 26 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26a) | Providers of purely ancillary services in relation to political advertising, which are provided in addition to and which merely complement the preparation, placement, promotion, publication and dissemination of political advertising, should not be understood as providers of political advertising services within the meaning of this Regulation. Ancillary services are services that typically depend on and complement a political advertising service. Such services can include transportation, financing and investment, purchasing, sales, catering, marketing, computer services, cleaning and maintenance. |

Text proposed by the Commission

Amendment

(26a)

Providers of purely ancillary services in relation to political advertising, which are provided in addition to and which merely complement the preparation, placement, promotion, publication and dissemination of political advertising, should not be understood as providers of political advertising services within the meaning of this Regulation. Ancillary services are services that typically depend on and complement a political advertising service. Such services can include transportation, financing and investment, purchasing, sales, catering, marketing, computer services, cleaning and maintenance.

Amendment 31

Proposal for a regulation

Recital 26 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26b) | A sponsor should be understood as the person on whose behalf political advertising is prepared, placed, promoted, published or disseminated, for instance an individual candidate in an election or a political party or political organisation. |

Text proposed by the Commission

Amendment

(26b)

A sponsor should be understood as the person on whose behalf political advertising is prepared, placed, promoted, published or disseminated, for instance an individual candidate in an election or a political party or political organisation.

Amendment 32

Proposal for a regulation

Recital 26 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26c) | Political advertising publishers should be understood as providers of political advertising services, usually at the end of the chain of service providers, promoting, publishing, delivering or disseminating political advertising by broadcasting, making it available through an interface or otherwise bringing it to the public. |

Text proposed by the Commission

Amendment

(26c)

Political advertising publishers should be understood as providers of political advertising services, usually at the end of the chain of service providers, promoting, publishing, delivering or disseminating political advertising by broadcasting, making it available through an interface or otherwise bringing it to the public.

Amendment 33

Proposal for a regulation

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | The notion of political advertising
  services
  should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which
  is paid for by another
  . |

Text proposed by the Commission

Amendment

(27)

The notion of political advertising
  services
  should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which
  is paid for by another
  .

| (27) | The notion of political advertising should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which
  involves remuneration or benefits in kind from third parties
  . |
| --- | --- |

(27)

The notion of political advertising should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which
  involves remuneration or benefits in kind from third parties
  .

Amendment 34

Proposal for a regulation

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | Once an advertisement
  is indicated as being connected
  to political
  advertising
  , this should be clearly indicated to other service providers involved in the political advertising services. In addition, once an advertisement has been identified as political
  advertisement
  , its further dissemination should still comply with transparency requirements. For instance, when
  sponsored content
  is shared organically, the
  advertising
  should still be labelled as political
  advertising
  . |

Text proposed by the Commission

Amendment

(28)

Once an advertisement
  is indicated as being connected
  to political
  advertising
  , this should be clearly indicated to other service providers involved in the political advertising services. In addition, once an advertisement has been identified as political
  advertisement
  , its further dissemination should still comply with transparency requirements. For instance, when
  sponsored content
  is shared organically, the
  advertising
  should still be labelled as political
  advertising
  .

| (28) | Once
  the sponsor declares
  an advertisement to
  be
  political, this should be clearly
  and without delay
  indicated to other service providers involved in the political advertising services. In addition, once an advertisement has been identified as political, its further dissemination should still comply with transparency
  and due diligence
  requirements. For instance, when
  a political advertisement
  is shared organically, the
  it
  should still be labelled as political. |
| --- | --- |

(28)

Once
  the sponsor declares
  an advertisement to
  be
  political, this should be clearly
  and without delay
  indicated to other service providers involved in the political advertising services. In addition, once an advertisement has been identified as political, its further dissemination should still comply with transparency
  and due diligence
  requirements. For instance, when
  a political advertisement
  is shared organically, the
  it
  should still be labelled as political.

Amendment 35

Proposal for a regulation

Recital 28 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28a) | To guarantee the effectiveness of the transparency and due diligence requirements, sponsors and providers of advertising services acting on behalf of sponsors should transmit in good faith relevant information in a timely, clear, complete and accurate manner to enable the other providers of services in the chain to comply with the Regulation. When the political advertising publisher is the only provider of political advertising services, the sponsor should communicate such information to the political advertising publisher. |

Text proposed by the Commission

Amendment

(28a)

To guarantee the effectiveness of the transparency and due diligence requirements, sponsors and providers of advertising services acting on behalf of sponsors should transmit in good faith relevant information in a timely, clear, complete and accurate manner to enable the other providers of services in the chain to comply with the Regulation. When the political advertising publisher is the only provider of political advertising services, the sponsor should communicate such information to the political advertising publisher.

Amendment 36

Proposal for a regulation

Recital 28 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28b) | Where providers of political advertising services become aware of a manifest error, inaccuracy or incompleteness in the declaration that advertising is or is not political, or in the information communicated, providers of political advertising services should require the sponsors to ensure that such manifest error, inaccuracy or incompleteness is corrected. |

Text proposed by the Commission

Amendment

(28b)

Where providers of political advertising services become aware of a manifest error, inaccuracy or incompleteness in the declaration that advertising is or is not political, or in the information communicated, providers of political advertising services should require the sponsors to ensure that such manifest error, inaccuracy or incompleteness is corrected.

Amendment 37

Proposal for a regulation

Recital 28 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28c) | A declaration or information should be considered manifestly erroneous if it is apparent from the advertising, the sponsor, or the context in which the relevant service is provided, without further verifications or fact-finding exercises. |

Text proposed by the Commission

Amendment

(28c)

A declaration or information should be considered manifestly erroneous if it is apparent from the advertising, the sponsor, or the context in which the relevant service is provided, without further verifications or fact-finding exercises.

Amendment 38

Proposal for a regulation

Recital 28 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28d) | Reasonable efforts should include diligent and objective measures, such as contacting the sponsor or the service providers concerned to complete or correct the information. Account should be taken of the nature and importance of the erroneous or missing information in relation to the requirements laid down by this Regulation. Reasonable efforts should also be reflected in the contractual arrangements among service providers and with the sponsor, where relevant. The provider of political advertising services should not be required to engage in excessive or costly fact-finding exercises or complex contact with the sponsor or the providers of political advertising services concerned. |

Text proposed by the Commission

Amendment

(28d)

Reasonable efforts should include diligent and objective measures, such as contacting the sponsor or the service providers concerned to complete or correct the information. Account should be taken of the nature and importance of the erroneous or missing information in relation to the requirements laid down by this Regulation. Reasonable efforts should also be reflected in the contractual arrangements among service providers and with the sponsor, where relevant. The provider of political advertising services should not be required to engage in excessive or costly fact-finding exercises or complex contact with the sponsor or the providers of political advertising services concerned.

Amendment 39

Proposal for a regulation

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | The rules on transparency laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The
  transparency
  requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication or dissemination for the specific message, unless the user has been remunerated by a third party for the political advertisement. |

Text proposed by the Commission

Amendment

(29)

The rules on transparency laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The
  transparency
  requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication or dissemination for the specific message, unless the user has been remunerated by a third party for the political advertisement.

| (29) | The rules on transparency
  , due diligence and data protection
  laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication
  , delivery
  or dissemination for the specific message, unless the user has been remunerated
  , or received benefit in kind,
  by a third party for the political advertisement. |
| --- | --- |

(29)

The rules on transparency
  , due diligence and data protection
  laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication
  , delivery
  or dissemination for the specific message, unless the user has been remunerated
  , or received benefit in kind,
  by a third party for the political advertisement.

Amendment 40

Proposal for a regulation

Recital 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| (30) | The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved. |

Text proposed by the Commission

Amendment

(30)

The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved.

| (30) | The transparency requirements should also not apply to the sharing of information through electronic
  interpersonal
  communication services such as electronic message services or telephone calls, as long as no political advertising service is involved. |
| --- | --- |

(30)

The transparency requirements should also not apply to the sharing of information through electronic
  interpersonal
  communication services such as electronic message services or telephone calls, as long as no political advertising service is involved.

Amendment 41

Proposal for a regulation

Recital 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| (31) | Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers. |

Text proposed by the Commission

Amendment

(31)

Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers.

| (31) | Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are
  necessary and
  justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers.
  Freedom of expression is one of the cornerstones of a lively democratic debate. |
| --- | --- |

(31)

Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are
  necessary and
  justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers.
  Freedom of expression is one of the cornerstones of a lively democratic debate.

Amendment 42

Proposal for a regulation

Recital 31 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (31a) | Given the importance of political advertising, it is essential that this Regulation ensures a regulatory framework which ensures full, equal and unrestricted access to political advertising services and their required transparency information for all recipients, including persons with disabilities. Therefore, it is important that accessibility requirements for providers of political advertising services are consistent with existing Union law, such as the European Accessibility Act and the Web Accessibility Directive and that Union law is further developed, so that no one is left behind as result of digital innovation. |

Text proposed by the Commission

Amendment

(31a)

Given the importance of political advertising, it is essential that this Regulation ensures a regulatory framework which ensures full, equal and unrestricted access to political advertising services and their required transparency information for all recipients, including persons with disabilities. Therefore, it is important that accessibility requirements for providers of political advertising services are consistent with existing Union law, such as the European Accessibility Act and the Web Accessibility Directive and that Union law is further developed, so that no one is left behind as result of digital innovation.

Amendment 43

Proposal for a regulation

Recital 32

| Text proposed by the Commission | Amendment |
| --- | --- |
| (32) | As regards online intermediaries, Regulation (EU)
  2021/XX [
  Digital Services Act] applies to political advertisements published or disseminated by online intermediaries through horizontal rules applicable to all types of online advertising, including commercial and political advertisements. Based on the definition of political advertising established in this Regulation, it is appropriate to provide additional granularity of the transparency requirements laid out for advertising publishers falling under the scope of Regulation (EU)
  2021/XX [
  Digital Services Act], notably very large platforms. This concerns in particular information related to the funding of political advertisements. The requirements of this Regulation leave unaffected the provisions of the Digital Services Act,
  including as regards
  risk assessment and mitigation obligations for very large online platforms as regards their advertising systems. |

Text proposed by the Commission

Amendment

(32)

As regards online intermediaries, Regulation (EU)
  2021/XX [
  Digital Services Act] applies to political advertisements published or disseminated by online intermediaries through horizontal rules applicable to all types of online advertising, including commercial and political advertisements. Based on the definition of political advertising established in this Regulation, it is appropriate to provide additional granularity of the transparency requirements laid out for advertising publishers falling under the scope of Regulation (EU)
  2021/XX [
  Digital Services Act], notably very large platforms. This concerns in particular information related to the funding of political advertisements. The requirements of this Regulation leave unaffected the provisions of the Digital Services Act,
  including as regards
  risk assessment and mitigation obligations for very large online platforms as regards their advertising systems.

| (32) | As regards online intermediaries, Regulation (EU)
  2022/2065 (
  Digital Services Act) applies to political advertisements published or disseminated by online intermediaries through horizontal rules applicable to all types of online advertising, including commercial and political advertisements. Based on the definition of political advertising established in this Regulation, it is appropriate to provide additional granularity of the transparency requirements laid out for advertising publishers falling under the scope of Regulation (EU)
  2022/2065 (
  Digital Services Act), notably very large
  online
  platforms. This concerns in particular information related to the funding of political advertisements. The requirements of this Regulation leave unaffected the provisions of the Digital Services Act,
  but should inform the
  risk assessment and mitigation obligations for very large online platforms as regards their advertising systems
  including the targeting and ad delivery techniques of political advertising services employed
  .
  To assist Member States and service providers, the Commission should provide guidelines on the interaction between and complementary nature of different Union legal acts and this Regulation and on the interpretation of any similar requirements therein. |
| --- | --- |

(32)

As regards online intermediaries, Regulation (EU)
  2022/2065 (
  Digital Services Act) applies to political advertisements published or disseminated by online intermediaries through horizontal rules applicable to all types of online advertising, including commercial and political advertisements. Based on the definition of political advertising established in this Regulation, it is appropriate to provide additional granularity of the transparency requirements laid out for advertising publishers falling under the scope of Regulation (EU)
  2022/2065 (
  Digital Services Act), notably very large
  online
  platforms. This concerns in particular information related to the funding of political advertisements. The requirements of this Regulation leave unaffected the provisions of the Digital Services Act,
  but should inform the
  risk assessment and mitigation obligations for very large online platforms as regards their advertising systems
  including the targeting and ad delivery techniques of political advertising services employed
  .
  To assist Member States and service providers, the Commission should provide guidelines on the interaction between and complementary nature of different Union legal acts and this Regulation and on the interpretation of any similar requirements therein.

Amendment 44

Proposal for a regulation

Recital 33

| Text proposed by the Commission | Amendment |
| --- | --- |
| (33) | The preparation, placement, promotion, publication and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers.
  For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, using personal data collected directly from the user of the service and from the users’ online conduct, as well as inferred data. |

Text proposed by the Commission

Amendment

(33)

The preparation, placement, promotion, publication and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers.
  For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, using personal data collected directly from the user of the service and from the users’ online conduct, as well as inferred data.

| (33) | The preparation, placement, promotion, publication
  , delivery
  and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting
  and ad delivery
  criteria, the provision of data used for the targeting
  and delivery
  of an advertisement, the provisions of targeting
  and ad delivery
  techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. |
| --- | --- |

(33)

The preparation, placement, promotion, publication
  , delivery
  and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting
  and ad delivery
  criteria, the provision of data used for the targeting
  and delivery
  of an advertisement, the provisions of targeting
  and ad delivery
  techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers.

Amendment 45

Proposal for a regulation

Recital 34

| Text proposed by the Commission | Amendment |
| --- | --- |
| (34) | In view of the importance of guaranteeing in particular the effectiveness of the transparency requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which
  brings
  the political advertisement
  to the public
  . In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services. |

Text proposed by the Commission

Amendment

(34)

In view of the importance of guaranteeing in particular the effectiveness of the transparency requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which
  brings
  the political advertisement
  to the public
  . In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services.

| (34) | In view of the importance of guaranteeing in particular the effectiveness of the transparency
  and due diligence
  requirements including to ease their oversight,
  sponsors and where relevant providers of political advertising services acting on behalf of sponsors should ensure the accuracy of information that they provide.
  Providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is
  complete, and it is
  provided to the political advertising publisher which
  disseminates
  the political advertisement. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should
  transmit this information at the same time with the provision of the relevant service, and
  consider and support automating the transmission of information among providers of political advertising services
  by adapting their online interfaces to facilitate compliance
  .
  When providers of political advertising services become aware that information which they have transmitted has been updated, they should ensure that this updated information is communicated to the relevant political advertising publisher. |
| --- | --- |

(34)

In view of the importance of guaranteeing in particular the effectiveness of the transparency
  and due diligence
  requirements including to ease their oversight,
  sponsors and where relevant providers of political advertising services acting on behalf of sponsors should ensure the accuracy of information that they provide.
  Providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is
  complete, and it is
  provided to the political advertising publisher which
  disseminates
  the political advertisement. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should
  transmit this information at the same time with the provision of the relevant service, and
  consider and support automating the transmission of information among providers of political advertising services
  by adapting their online interfaces to facilitate compliance
  .
  When providers of political advertising services become aware that information which they have transmitted has been updated, they should ensure that this updated information is communicated to the relevant political advertising publisher.

Amendment 46

Proposal for a regulation

Recital 36

| Text proposed by the Commission | Amendment |
| --- | --- |
| (36) | Steps could also include providing an efficient mechanism for individuals to indicate that
  a political
  advertisement is political, and taking effective action in response to such indications. |

Text proposed by the Commission

Amendment

(36)

Steps could also include providing an efficient mechanism for individuals to indicate that
  a political
  advertisement is political, and taking effective action in response to such indications.

| (36) | Steps could also include
  advertising publishers
  providing an efficient mechanism for individuals to indicate that
  an
  advertisement is political, and taking effective action in response to such indications. |
| --- | --- |

(36)

Steps could also include
  advertising publishers
  providing an efficient mechanism for individuals to indicate that
  an
  advertisement is political, and taking effective action in response to such indications.

Amendment 47

Proposal for a regulation

Recital 37

| Text proposed by the Commission | Amendment |
| --- | --- |
| (37) | While providing for specific requirements, none of the obligations laid down in this Regulation should be understood as imposing a general monitoring obligation on intermediary service providers for political content shared by natural or legal persons, nor should they be understood as imposing a general obligation on intermediary service providers to take proactive measures in relation to illegal content or activities which those providers transmit or store. |

Text proposed by the Commission

Amendment

(37)

While providing for specific requirements, none of the obligations laid down in this Regulation should be understood as imposing a general monitoring obligation on intermediary service providers for political content shared by natural or legal persons, nor should they be understood as imposing a general obligation on intermediary service providers to take proactive measures in relation to illegal content or activities which those providers transmit or store.

| (37) | While providing for specific requirements, none of the obligations laid down in this Regulation should be understood as imposing a general monitoring obligation on intermediary service providers for political content
  organically
  shared by natural or legal persons, nor should they be understood as imposing a general obligation on intermediary service providers to take proactive measures in relation to illegal content or activities which those providers transmit or store. |
| --- | --- |

(37)

While providing for specific requirements, none of the obligations laid down in this Regulation should be understood as imposing a general monitoring obligation on intermediary service providers for political content
  organically
  shared by natural or legal persons, nor should they be understood as imposing a general obligation on intermediary service providers to take proactive measures in relation to illegal content or activities which those providers transmit or store.

Amendment 48

Proposal for a regulation

Recital 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| (38) | Transparency of political advertising should enable
  citizens
  to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in
  connection to
  each political advertisement of a clear statement
  to the effect
  that it is a political advertisement
  and
  of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising.
  They
  should
  also ensure the publication in connection to each political advertisement of information to enable the wider context of the
  political advertisement
  and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement
  . |

Text proposed by the Commission

Amendment

(38)

Transparency of political advertising should enable
  citizens
  to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in
  connection to
  each political advertisement of a clear statement
  to the effect
  that it is a political advertisement
  and
  of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising.
  They
  should
  also ensure the publication in connection to each political advertisement of information to enable the wider context of the
  political advertisement
  and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement
  .

| (38) | Transparency of political advertising should enable
  individuals
  to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in each political advertisement of a clear statement that it is a political advertisement, of the identity of its sponsor
  and of the political campaign it is part of
  . Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should
  ensure that advertisements that are political should be correctly labelled as such and to
  make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising.
  In light of technological and other developments in relevant scientific research and market practices, the Commission
  should
  adopt a delegated act establishing harmonised and efficient labelling techniques for
  political advertisement. |
| --- | --- |

(38)

Transparency of political advertising should enable
  individuals
  to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in each political advertisement of a clear statement that it is a political advertisement, of the identity of its sponsor
  and of the political campaign it is part of
  . Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should
  ensure that advertisements that are political should be correctly labelled as such and to
  make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising.
  In light of technological and other developments in relevant scientific research and market practices, the Commission
  should
  adopt a delegated act establishing harmonised and efficient labelling techniques for
  political advertisement.

Amendment 49

Proposal for a regulation

Recital 39

| Text proposed by the Commission | Amendment |
| --- | --- |
| (39) | This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article
  14, 15 and 19
  of Regulation (EU)
  2021/XXX [
  Digital Services Act]. |

Text proposed by the Commission

Amendment

(39)

This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article
  14, 15 and 19
  of Regulation (EU)
  2021/XXX [
  Digital Services Act].

| (39) | This information should be provided in a transparency notice which should also include the identity of
  the sponsor and where applicable, the entity ultimately controlling
  the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should
  be available at the moment the advertising is published or disseminated, and the information it contains should be kept up to date. The transparency notice should
  further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article
  16 and 17
  of Regulation (EU)
  2022/2065 (
  Digital Services Act). |
| --- | --- |

(39)

This information should be provided in a transparency notice which should also include the identity of
  the sponsor and where applicable, the entity ultimately controlling
  the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should
  be available at the moment the advertising is published or disseminated, and the information it contains should be kept up to date. The transparency notice should
  further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article
  16 and 17
  of Regulation (EU)
  2022/2065 (
  Digital Services Act).

Amendment 50

Proposal for a regulation

Recital 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| (40) | The
  information
  to be included
  in the transparency notice
  should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement
  . The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities. |

Text proposed by the Commission

Amendment

(40)

The
  information
  to be included
  in the transparency notice
  should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement
  . The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities.

| (40) | Political advertising publishers should ensure that each political advertisement contains a clear indication of where the transparency notice could be easily retrieved. The presentation of the
  information
  may vary depending on the means used. In order to easily retrieve the information
  in the transparency notice
  , use could be made for instance of a link to a dedicated webpage, onscreen or via audio means, a Quick Response code (QR code), or equivalent user-friendly technical measures
  . The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive
  (EU)
  2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities. |
| --- | --- |

(40)

Political advertising publishers should ensure that each political advertisement contains a clear indication of where the transparency notice could be easily retrieved. The presentation of the
  information
  may vary depending on the means used. In order to easily retrieve the information
  in the transparency notice
  , use could be made for instance of a link to a dedicated webpage, onscreen or via audio means, a Quick Response code (QR code), or equivalent user-friendly technical measures
  . The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive
  (EU)
  2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities.

Amendment 51

Proposal for a regulation

Recital 41

| Text proposed by the Commission | Amendment |
| --- | --- |
| (41) | Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of one year after the last publication. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher. |

Text proposed by the Commission

Amendment

(41)

Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of one year after the last publication. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher.

| (41) | Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of
  ten years
  one year after the last publication. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher
  and the reason for the removal
  . |
| --- | --- |

(41)

Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of
  ten years
  one year after the last publication. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher
  and the reason for the removal
  .

Amendment 52

Proposal for a regulation

Recital 42

| Text proposed by the Commission | Amendment |
| --- | --- |
| (42) | Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public
  those
  political advertisements not fulfilling the transparency requirements under this Regulation. In
  addition
  , political advertising publishers
  which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital
  Services
  Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30
  Regulation
  [Digital Services Act]
  .
  This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape. |

Text proposed by the Commission

Amendment

(42)

Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public
  those
  political advertisements not fulfilling the transparency requirements under this Regulation. In
  addition
  , political advertising publishers
  which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital
  Services
  Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30
  Regulation
  [Digital Services Act]
  .
  This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape.

| (42) | Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement.
  Where political advertising publishers become aware that a political advertisement does not fulfil the transparency requirements under this Regulation, they should make best efforts to fulfil the requirements under this Regulation. When the information cannot be completed or corrected without undue delay,
  political advertising publishers should not make available
  or should discontinue the placement, promotion, publication, delivery or dissemination
  to the public
  of the
  political advertisements not fulfilling the transparency requirements under this Regulation. In
  such situation
  , political advertising publishers
  should inform the provider of
  services
  concerned and, where relevant the sponsor, of the reasonable steps taken to fulfil the requirements under this
  Regulation. |
| --- | --- |

(42)

Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement.
  Where political advertising publishers become aware that a political advertisement does not fulfil the transparency requirements under this Regulation, they should make best efforts to fulfil the requirements under this Regulation. When the information cannot be completed or corrected without undue delay,
  political advertising publishers should not make available
  or should discontinue the placement, promotion, publication, delivery or dissemination
  to the public
  of the
  political advertisements not fulfilling the transparency requirements under this Regulation. In
  such situation
  , political advertising publishers
  should inform the provider of
  services
  concerned and, where relevant the sponsor, of the reasonable steps taken to fulfil the requirements under this
  Regulation.

Amendment 53

Proposal for a regulation

Recital 42 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (42a) | When complying with these obligations, providers of political advertising services should act with due regard to fundamental rights, and other rights and legitimate interests. Providers of political advertising services should in particular pay due regard to freedom of expression and access to information, including media freedom and pluralism. |

Text proposed by the Commission

Amendment

(42a)

When complying with these obligations, providers of political advertising services should act with due regard to fundamental rights, and other rights and legitimate interests. Providers of political advertising services should in particular pay due regard to freedom of expression and access to information, including media freedom and pluralism.

Amendment 54

Proposal for a regulation

Recital 42 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (42b) | This Regulation should facilitate the work of interested actors, including researchers, in their specific role to support free and fair elections or referendums and fair electoral campaigns, including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape. Therefore, political advertising publishers which are Very Large Online Platforms (VLOPs) within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) and Very Large Online Search Engines (VLOSEs) as defined in Regulation (EU) 2022/2065 (Digital Services Act) should make the information contained in the transparency notice available and update it, in real time, through the repositories of advertisements published pursuant to Regulation (EU) 2022/2065 (Digital Services Act). |

Text proposed by the Commission

Amendment

(42b)

This Regulation should facilitate the work of interested actors, including researchers, in their specific role to support free and fair elections or referendums and fair electoral campaigns, including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape. Therefore, political advertising publishers which are Very Large Online Platforms (VLOPs) within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) and Very Large Online Search Engines (VLOSEs) as defined in Regulation (EU) 2022/2065 (Digital Services Act) should make the information contained in the transparency notice available and update it, in real time, through the repositories of advertisements published pursuant to Regulation (EU) 2022/2065 (Digital Services Act).

Amendment 55

Proposal for a regulation

Recital 42 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (42c) | The Commission should establish a European repository for online political advertsiments to support political advertising publishers that are not VLOPs within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) and VLOSEs as defined in Regulation (EU) 2022/2065 (Digital Services Act) to comply with the provisions of this Regulation. Political advertising publishers which are not VLOPs within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) and VLOSEs as defined in Regulation (EU) 2022/2065 (Digital Services Act) should ensure that the information contained in the transparency notice is made available in the European repository for online political advertisements without undue delay, and no later than 24 hours. Information made available on the interface of political advertising publishers should be provided in a machine readable format according to common data structure and standards, developed by the Commission in consultation with relevant stakeholders. Information in the repositories of VLOPs and VLOSEs and information in the European repository for online political advertisements should be connected via a common application programming interface and be publicly accessible via a single portal. |

Text proposed by the Commission

Amendment

(42c)

The Commission should establish a European repository for online political advertsiments to support political advertising publishers that are not VLOPs within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) and VLOSEs as defined in Regulation (EU) 2022/2065 (Digital Services Act) to comply with the provisions of this Regulation. Political advertising publishers which are not VLOPs within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) and VLOSEs as defined in Regulation (EU) 2022/2065 (Digital Services Act) should ensure that the information contained in the transparency notice is made available in the European repository for online political advertisements without undue delay, and no later than 24 hours. Information made available on the interface of political advertising publishers should be provided in a machine readable format according to common data structure and standards, developed by the Commission in consultation with relevant stakeholders. Information in the repositories of VLOPs and VLOSEs and information in the European repository for online political advertisements should be connected via a common application programming interface and be publicly accessible via a single portal.

Amendment 56

Proposal for a regulation

Recital 44

| Text proposed by the Commission | Amendment |
| --- | --- |
| (44) | Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article
  3(3)
  of Directive 2013/34/EU. |

Text proposed by the Commission

Amendment

(44)

Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article
  3(3)
  of Directive 2013/34/EU.

| (44) | Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting
  or delivery
  of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article
  3, paragraphs 1 to 3,
  of Directive 2013/34/EU. |
| --- | --- |

(44)

Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting
  or delivery
  of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article
  3, paragraphs 1 to 3,
  of Directive 2013/34/EU.

Amendment 57

Proposal for a regulation

Recital 45

| Text proposed by the Commission | Amendment |
| --- | --- |
| (45) | Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be accessible from the advertisement itself, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate . Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article
  14
  of the Digital Services Act continue to apply for notifications concerning non-compliance of such advertisements with this Regulation. |

Text proposed by the Commission

Amendment

(45)

Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be accessible from the advertisement itself, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate . Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article
  14
  of the Digital Services Act continue to apply for notifications concerning non-compliance of such advertisements with this Regulation.

| (45) | Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be accessible from the advertisement itself, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate . Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article
  16
  of the Digital Services Act continue to apply for notifications concerning non-compliance of such advertisements with this Regulation.
  Where political advertising publishers are online hosting services providers within the meaning of Regulation (EU) 2022/2065 (Digital Services Act), with regard to the political advertisements hosted at the request of the recipients of their services, political advertising publishers should be able to rely on the notice mechanism pursuant to Regulation (EU) 2022/2065 (Digital Services Act) for notifications concerning non-compliance of such advertisements with this Regulation. |
| --- | --- |

(45)

Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be accessible from the advertisement itself, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate . Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article
  16
  of the Digital Services Act continue to apply for notifications concerning non-compliance of such advertisements with this Regulation.
  Where political advertising publishers are online hosting services providers within the meaning of Regulation (EU) 2022/2065 (Digital Services Act), with regard to the political advertisements hosted at the request of the recipients of their services, political advertising publishers should be able to rely on the notice mechanism pursuant to Regulation (EU) 2022/2065 (Digital Services Act) for notifications concerning non-compliance of such advertisements with this Regulation.

Amendment 58

Proposal for a regulation

Recital 45 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (45a) | Where a particular advertisement does not comply with this Regulation, mechanisms provided by the publisher should enable individuals to flag the advertisement concerned. Where those mechanisms are not available, individuals should be able to report such political advertisement directly to the competent authorities. |

Text proposed by the Commission

Amendment

(45a)

Where a particular advertisement does not comply with this Regulation, mechanisms provided by the publisher should enable individuals to flag the advertisement concerned. Where those mechanisms are not available, individuals should be able to report such political advertisement directly to the competent authorities.

Amendment 59

Proposal for a regulation

Recital 45 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (45b) | The political advertising publishers should make reasonable efforts to address in a timely, diligent and objective manner the notifications received pursuant to this Regulation, by contacting the relevant service providers and, as relevant, the sponsor. The political advertising publisher should inform the author of the notification and the service providers concerned of the follow up given to the notification and provides information on redress possibilities, including under Directive (EU) 2020/1828 of the European Parliament and of the Council

   (1a)

  , in respect of the advertisement to which the notification relates. Where a notification contains sufficient information to enable a diligent provider of political advertising services to identify, without a detailed examination and complex contact process, that it is clear that information is missing or incomplete, the political advertising publisher should act without undue delay. |

Text proposed by the Commission

Amendment

(45b)

The political advertising publishers should make reasonable efforts to address in a timely, diligent and objective manner the notifications received pursuant to this Regulation, by contacting the relevant service providers and, as relevant, the sponsor. The political advertising publisher should inform the author of the notification and the service providers concerned of the follow up given to the notification and provides information on redress possibilities, including under Directive (EU) 2020/1828 of the European Parliament and of the Council

   (1a)

  , in respect of the advertisement to which the notification relates. Where a notification contains sufficient information to enable a diligent provider of political advertising services to identify, without a detailed examination and complex contact process, that it is clear that information is missing or incomplete, the political advertising publisher should act without undue delay.

Amendment 60

Proposal for a regulation

Recital 45 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (45c) | In order to ensure the effectiveness of the transparency and due diligence requirements during an election or a referendum, political advertising publishers should process, within the last month preceding the election or the referendum, any notification that they receive about an advertisement linked to this vote without undue delay and no later than 48 hours, by contacting the services providers concerned and, where relevant, the sponsor. Political advertising publishers that are micro and small enterprises should process any such notification without undue delay. |

Text proposed by the Commission

Amendment

(45c)

In order to ensure the effectiveness of the transparency and due diligence requirements during an election or a referendum, political advertising publishers should process, within the last month preceding the election or the referendum, any notification that they receive about an advertisement linked to this vote without undue delay and no later than 48 hours, by contacting the services providers concerned and, where relevant, the sponsor. Political advertising publishers that are micro and small enterprises should process any such notification without undue delay.

Amendment 61

Proposal for a regulation

Recital 45 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (45d) | Any action taken by a political advertising publisher should strictly target the correction, completion or removal of specific items of information not in compliance with this Regulation. In doing so, it should have due regard for freedom of expression and information, and other fundamental rights. |

Text proposed by the Commission

Amendment

(45d)

Any action taken by a political advertising publisher should strictly target the correction, completion or removal of specific items of information not in compliance with this Regulation. In doing so, it should have due regard for freedom of expression and information, and other fundamental rights.

Amendment 62

Proposal for a regulation

Recital 46

| Text proposed by the Commission | Amendment |
| --- | --- |
| (46) | In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly
  unfounded or
  excessive. Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information. |

Text proposed by the Commission

Amendment

(46)

In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly
  unfounded or
  excessive. Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information.

| (46) | In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly
  unclear,
  excessive
  or concern information not within control of the service provider
  . Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information. |
| --- | --- |

(46)

In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly
  unclear,
  excessive
  or concern information not within control of the service provider
  . Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information.

Amendment 63

Proposal for a regulation

Recital 47

| Text proposed by the Commission | Amendment |
| --- | --- |
| (47) | Personal data collected directly from individuals, or indirectly such as inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council (11) and Regulation (EU) 2018/1725 of the European Parliament and of the Council (12), different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This negatively impacts the democratic process
  . Additional restrictions and
  conditions
  compared to Regulation
  (EU) 2016/679 and
  Regulation
  (EU) 2018/1725
  should be provided
  . The conditions set out in this Regulation on the use of targeting and
  amplification
  techniques involving the processing of personal data in the context of political advertising should be based on Article 16 TFEU. |

Text proposed by the Commission

Amendment

(47)

Personal data collected directly from individuals, or indirectly such as inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council (11) and Regulation (EU) 2018/1725 of the European Parliament and of the Council (12), different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This negatively impacts the democratic process
  . Additional restrictions and
  conditions
  compared to Regulation
  (EU) 2016/679 and
  Regulation
  (EU) 2018/1725
  should be provided
  . The conditions set out in this Regulation on the use of targeting and
  amplification
  techniques involving the processing of personal data in the context of political advertising should be based on Article 16 TFEU.

| (47) | Personal data collected directly from individuals, or indirectly such as
  observed or
  inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council (11) and Regulation (EU) 2018/1725 of the European Parliament and of the Council (12), different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to
  be treated fairly and equally, not to be manipulated, to
  receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This
  furthermore
  negatively impacts the democratic process
  as it enables a fragmentation of the public debate about important societal issues, predatory voter analysis, selective outreach and, ultimately, the manipulation of the electorate. It also increases the risk of the spreading of disinformation, and has been used for foreign electoral interference especially by non-democratic foreign entities. Misleading or obscure advertising for political purposes is a risk because it influences the core mechanisms that enable the functioning of our democratic society. All this takes place despite already existing
  conditions
  for the processing of personal data, including for targeting and ad delivery, provided for in Regulations
  (EU) 2016/679 and (EU) 2018/1725. The conditions set out in this Regulation on the use of targeting and
  ad delivery
  techniques involving the processing of personal data in the context of political advertising should be based on Article 16 TFEU. |
| --- | --- |

(47)

Personal data collected directly from individuals, or indirectly such as
  observed or
  inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council (11) and Regulation (EU) 2018/1725 of the European Parliament and of the Council (12), different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to
  be treated fairly and equally, not to be manipulated, to
  receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This
  furthermore
  negatively impacts the democratic process
  as it enables a fragmentation of the public debate about important societal issues, predatory voter analysis, selective outreach and, ultimately, the manipulation of the electorate. It also increases the risk of the spreading of disinformation, and has been used for foreign electoral interference especially by non-democratic foreign entities. Misleading or obscure advertising for political purposes is a risk because it influences the core mechanisms that enable the functioning of our democratic society. All this takes place despite already existing
  conditions
  for the processing of personal data, including for targeting and ad delivery, provided for in Regulations
  (EU) 2016/679 and (EU) 2018/1725. The conditions set out in this Regulation on the use of targeting and
  ad delivery
  techniques involving the processing of personal data in the context of political advertising should be based on Article 16 TFEU.

Amendment 64

Proposal for a regulation

Recital 47 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47a) | The existing avenues under Regulation (EU) 2016/679 for lawfully tailoring and addressing advertising to individuals are subject to systemic abuse, especially with regard to collecting the free and informed consent of individuals, which cannot be solved under the current regulatory framework. |

Text proposed by the Commission

Amendment

(47a)

The existing avenues under Regulation (EU) 2016/679 for lawfully tailoring and addressing advertising to individuals are subject to systemic abuse, especially with regard to collecting the free and informed consent of individuals, which cannot be solved under the current regulatory framework.

Amendment 65

Proposal for a regulation

Recital 47 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47b) | Dark patterns on online interfaces of online platforms are practices that materially distort or impair, either on purpose or in effect, the ability of users of the service to make autonomous and informed choices or decisions concerning the personal data they provide for the purpose of political advertising. Providers of online platforms should therefore be prohibited from nudging users of the service and from distorting or impairing the autonomy, decision-making, or choice of the users. |

Text proposed by the Commission

Amendment

(47b)

Dark patterns on online interfaces of online platforms are practices that materially distort or impair, either on purpose or in effect, the ability of users of the service to make autonomous and informed choices or decisions concerning the personal data they provide for the purpose of political advertising. Providers of online platforms should therefore be prohibited from nudging users of the service and from distorting or impairing the autonomy, decision-making, or choice of the users.

Amendment 66

Proposal for a regulation

Recital 47 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47c) | This should also include repeatedly requesting a user of the service to make a choice where such a choice has already been made, making the procedure of cancelling a service significantly more cumbersome than signing up to it, or making certain choices more difficult or time-consuming than others or by default settings that are very difficult to change, and so unreasonably bias the decision making of the user of the service, in a way that distorts and impairs their autonomy, decision-making and choice. However, rules preventing dark patterns should not be understood as preventing providers to interact directly with users of the service and to offer new or additional services to them. The systematic use of dark patterns, unclear consent agreements, misleading information, and insufficient time to read terms and conditions are common practices to make it difficult for users of the service to have clear information and control in the context of the surveillance-based online advertising industry. |

Text proposed by the Commission

Amendment

(47c)

This should also include repeatedly requesting a user of the service to make a choice where such a choice has already been made, making the procedure of cancelling a service significantly more cumbersome than signing up to it, or making certain choices more difficult or time-consuming than others or by default settings that are very difficult to change, and so unreasonably bias the decision making of the user of the service, in a way that distorts and impairs their autonomy, decision-making and choice. However, rules preventing dark patterns should not be understood as preventing providers to interact directly with users of the service and to offer new or additional services to them. The systematic use of dark patterns, unclear consent agreements, misleading information, and insufficient time to read terms and conditions are common practices to make it difficult for users of the service to have clear information and control in the context of the surveillance-based online advertising industry.

Amendment 67

Proposal for a regulation

Recital 47 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47d) | In order to protect individuals with regards to the way and purposes for which their personal data is processed, and in particular in contexts relevant for influencing their democratic choices and their involvement in the public debate, as well as to protect democracy and the integrity of elections, it is necessary to complement Regulations (EU) 2016/679 and (EU) 2018/1725 by adding further restrictions, which should take the form of strict limitations on the processing of personal data for targeting and ad delivery of online political advertising, based on Article 16 of the TFEU. |

Text proposed by the Commission

Amendment

(47d)

In order to protect individuals with regards to the way and purposes for which their personal data is processed, and in particular in contexts relevant for influencing their democratic choices and their involvement in the public debate, as well as to protect democracy and the integrity of elections, it is necessary to complement Regulations (EU) 2016/679 and (EU) 2018/1725 by adding further restrictions, which should take the form of strict limitations on the processing of personal data for targeting and ad delivery of online political advertising, based on Article 16 of the TFEU.

Amendment 68

Proposal for a regulation

Recital 47 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47e) | Targeting and ad delivery techniques based on certain conditions and on strictly limited amount of provided personal data that are not special categories of personal data within the meaning of Article 9 of Regulation (EU) 2016/679 or of Article 10 of Regulation (EU) 2018/1725 can be useful in disseminating political advertising and information and in reaching out and informing citizens. |

Text proposed by the Commission

Amendment

(47e)

Targeting and ad delivery techniques based on certain conditions and on strictly limited amount of provided personal data that are not special categories of personal data within the meaning of Article 9 of Regulation (EU) 2016/679 or of Article 10 of Regulation (EU) 2018/1725 can be useful in disseminating political advertising and information and in reaching out and informing citizens.

Amendment 69

Proposal for a regulation

Recital 47 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47f) | Targeting and ad delivery techniques that involve the processing of personal data should only be allowed based on personal data which are explicitly provided by the data subject to the advertising publisher for the specific and sole purpose of receiving targeted political advertisement. Providers should not request consent where the data subject exercises his or her right to object by automated means using technical specifications, in line with Article 21(5) of Regulation (EU) 2016/679. In the event that the data subjects refuses to consent, or has withdrawn consent, he or she should be given other fair and reasonable options to access information society services. Refusing consent should not be more difficult or time consuming to the data subject than its giving. The processing of observed or inferred personal data, in line with the European Data Protection Board Guidelines 8/2020 on the targeting of social media users, should not be allowed. Without such restriction imposed on targeting and ad delivery techniques, the targeting and ad delivery of political advertising based on personal data would be likely to result in a high risk to the rights and freedoms of natural persons. |

Text proposed by the Commission

Amendment

(47f)

Targeting and ad delivery techniques that involve the processing of personal data should only be allowed based on personal data which are explicitly provided by the data subject to the advertising publisher for the specific and sole purpose of receiving targeted political advertisement. Providers should not request consent where the data subject exercises his or her right to object by automated means using technical specifications, in line with Article 21(5) of Regulation (EU) 2016/679. In the event that the data subjects refuses to consent, or has withdrawn consent, he or she should be given other fair and reasonable options to access information society services. Refusing consent should not be more difficult or time consuming to the data subject than its giving. The processing of observed or inferred personal data, in line with the European Data Protection Board Guidelines 8/2020 on the targeting of social media users, should not be allowed. Without such restriction imposed on targeting and ad delivery techniques, the targeting and ad delivery of political advertising based on personal data would be likely to result in a high risk to the rights and freedoms of natural persons.

Amendment 70

Proposal for a regulation

Recital 47 g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47g) | Provided personal data should only include categories of personal data explicitly and actively provided by the data subject for the specific and sole purpose of being targeted with political advertisement by the data controller to whom it has been provided. Data subjects should not be targeted with political advertisements by data controllers to whom they have not provided their personal data. When providing the data to the publisher, it should be entered into the publisher’s interface or settings. The processing of any data concerning the data subjects which would otherwise be processed in the course of the normal use of the service, such as metadata, traffic and location data or the content of communications, whether personal or public, should therefore be excluded. |

Text proposed by the Commission

Amendment

(47g)

Provided personal data should only include categories of personal data explicitly and actively provided by the data subject for the specific and sole purpose of being targeted with political advertisement by the data controller to whom it has been provided. Data subjects should not be targeted with political advertisements by data controllers to whom they have not provided their personal data. When providing the data to the publisher, it should be entered into the publisher’s interface or settings. The processing of any data concerning the data subjects which would otherwise be processed in the course of the normal use of the service, such as metadata, traffic and location data or the content of communications, whether personal or public, should therefore be excluded.

Amendment 71

Proposal for a regulation

Recital 47 h (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47h) | Some well-resourced political candidates or parties might circumvent the restrictions on targeting techniques with in-house services that conduct large-scale political marketing. Therefore, when sponsors process personal data for direct targeted political marketing, such as sending targeted electronic mail or text messages, at a large-scale and on a systematic basis, the restrictions on targeting techniques should apply, regardless of whether a service is involved or not. This does not affect the fact that the restrictions on targeting and ad delivery techniques should not apply to merely direct communication, including personalized electronic mails or text messages that are not targeted direct marketing at a large scale, and organic content published by using online intermediary services without consideration for the placement, publication or dissemination for the specific message. |

Text proposed by the Commission

Amendment

(47h)

Some well-resourced political candidates or parties might circumvent the restrictions on targeting techniques with in-house services that conduct large-scale political marketing. Therefore, when sponsors process personal data for direct targeted political marketing, such as sending targeted electronic mail or text messages, at a large-scale and on a systematic basis, the restrictions on targeting techniques should apply, regardless of whether a service is involved or not. This does not affect the fact that the restrictions on targeting and ad delivery techniques should not apply to merely direct communication, including personalized electronic mails or text messages that are not targeted direct marketing at a large scale, and organic content published by using online intermediary services without consideration for the placement, publication or dissemination for the specific message.

Amendment 72

Proposal for a regulation

Recital 47 i (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47i) | In order to protect elections and referendums and prevent any undue interference, manipulation and disinformation, it is necessary to add further restrictions regarding targeting and ad delivery in the period immediately preceding the election or referendum .In the 60 days preceding any election or referendum, targeting and ad delivery techniques in the context of political advertising that involve provided personal data should be strictly limited to using location and the languages spoken by the data subject. The fact that a person is a first time voter could also be used as it is important to reach out to such persons and provide them with information regarding the election or referendum. The location of the data subject used to deliver targeted political advertisement should be understood being at the level of the constituency which is applicable in the relevant election or referendum. However, in the Member States which have only one national level constituency for European Parliament elections, the location of the data subject could be understood being at regional or equivalent level in accordance with national law, for political advertising related to those elections. |

Text proposed by the Commission

Amendment

(47i)

In order to protect elections and referendums and prevent any undue interference, manipulation and disinformation, it is necessary to add further restrictions regarding targeting and ad delivery in the period immediately preceding the election or referendum .In the 60 days preceding any election or referendum, targeting and ad delivery techniques in the context of political advertising that involve provided personal data should be strictly limited to using location and the languages spoken by the data subject. The fact that a person is a first time voter could also be used as it is important to reach out to such persons and provide them with information regarding the election or referendum. The location of the data subject used to deliver targeted political advertisement should be understood being at the level of the constituency which is applicable in the relevant election or referendum. However, in the Member States which have only one national level constituency for European Parliament elections, the location of the data subject could be understood being at regional or equivalent level in accordance with national law, for political advertising related to those elections.

Amendment 73

Proposal for a regulation

Recital 47 j (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47j) | The prohibition and restrictions regarding the processing of personal data for political advertising should not prevent sponsors, political advertising publishers or providers of advertising services, including online platforms, from displaying online political advertising based on contextual information, including keywords. This limitation is proportionate in light of the fact that sponsors have access to other avenues for their political advertising, notably through contextual targeting online and through alternative media offline. This limitation complies with the right to impart information and ideas of general interest which the public is entitled to receive because this right may be circumscribed in some circumstances, if the circumscription is carried out reasonably, carefully and in good faith, and if it is proportionate and justified by relevant and sufficient reasons, in particular, for the protection of the rights of others. |

Text proposed by the Commission

Amendment

(47j)

The prohibition and restrictions regarding the processing of personal data for political advertising should not prevent sponsors, political advertising publishers or providers of advertising services, including online platforms, from displaying online political advertising based on contextual information, including keywords. This limitation is proportionate in light of the fact that sponsors have access to other avenues for their political advertising, notably through contextual targeting online and through alternative media offline. This limitation complies with the right to impart information and ideas of general interest which the public is entitled to receive because this right may be circumscribed in some circumstances, if the circumscription is carried out reasonably, carefully and in good faith, and if it is proportionate and justified by relevant and sufficient reasons, in particular, for the protection of the rights of others.

Amendment 74

Proposal for a regulation

Recital 47 k (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47k) | When selecting targeting parameters, sponsors delineate a potential audience for their political advertising. However, depending on the budget they dedicate to their advertising campaign, their political advertisement will not necessarily reach such entire potential audience. The publisher will have to select whom, from that potential audience, will actually receive the political advertisement. In order to prevent the creation of echo chambers and filter bubbles and to prevent demographic skews along race or gender, resulting in forms of discrimination, online platforms should not be allowed to selectively deliver political advertisement within the targeted potential audiences based on further processing of personal data. The actual recipients of the political advertisement should therefore only be randomly selected by the publisher, without any further processing of personal data. |

Text proposed by the Commission

Amendment

(47k)

When selecting targeting parameters, sponsors delineate a potential audience for their political advertising. However, depending on the budget they dedicate to their advertising campaign, their political advertisement will not necessarily reach such entire potential audience. The publisher will have to select whom, from that potential audience, will actually receive the political advertisement. In order to prevent the creation of echo chambers and filter bubbles and to prevent demographic skews along race or gender, resulting in forms of discrimination, online platforms should not be allowed to selectively deliver political advertisement within the targeted potential audiences based on further processing of personal data. The actual recipients of the political advertisement should therefore only be randomly selected by the publisher, without any further processing of personal data.

Amendment 75

Proposal for a regulation

Recital 47 l (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47l) | The extensive transparency obligations provided for in this Regulation will also be helping to make it impossible to proclaim, unnoticed, opposing and polarizing messages to specific parts of the electorate, because watchdogs, civil society, journalists and other parts of the electorate will be able to perform their scrutiny. |

Text proposed by the Commission

Amendment

(47l)

The extensive transparency obligations provided for in this Regulation will also be helping to make it impossible to proclaim, unnoticed, opposing and polarizing messages to specific parts of the electorate, because watchdogs, civil society, journalists and other parts of the electorate will be able to perform their scrutiny.

Amendment 76

Proposal for a regulation

Recital 48

| Text proposed by the Commission | Amendment |
| --- | --- |
| (48) | Targeting and amplification techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be prohibited. The use of such techniques should only be allowed when carried out by the controller, or someone acting on its behalf, on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. This should be accompanied by specific safeguards. Consent should be understood as consent within the meaning of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2016/679 and Article 10(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2018/1725 respectively for using techniques targeting and amplification techniques to publish, promote or disseminate political advertising involving the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and 10(1) of Regulation (EU) 2018/725. |

Text proposed by the Commission

Amendment

(48)

Targeting and amplification techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be prohibited. The use of such techniques should only be allowed when carried out by the controller, or someone acting on its behalf, on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. This should be accompanied by specific safeguards. Consent should be understood as consent within the meaning of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2016/679 and Article 10(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2018/1725 respectively for using techniques targeting and amplification techniques to publish, promote or disseminate political advertising involving the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and 10(1) of Regulation (EU) 2018/725.

deleted

Amendment 77

Proposal for a regulation

Recital 49

| Text proposed by the Commission | Amendment |
| --- | --- |
| (49) | In order to ensure enhanced transparency and accountability, when making use of targeting and
  amplification
  techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or
  amplify their
  content and keep record of their relevant activities. When publishing, promoting or disseminating a political advertisement making use of targeting
  and amplification
  techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery. |

Text proposed by the Commission

Amendment

(49)

In order to ensure enhanced transparency and accountability, when making use of targeting and
  amplification
  techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or
  amplify their
  content and keep record of their relevant activities. When publishing, promoting or disseminating a political advertisement making use of targeting
  and amplification
  techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery.

| (49) | In order to ensure enhanced transparency and accountability, when making use of targeting and
  ad delivery
  techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or
  deliver the
  content
  of their ad, make annual risk assessments of the use of those techniques on the fundamental rights and freedoms of individuals and the society as a whole
  and keep record of their relevant activities. When publishing, promoting
  , delivering
  or disseminating a political advertisement making use of targeting techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery. |
| --- | --- |

(49)

In order to ensure enhanced transparency and accountability, when making use of targeting and
  ad delivery
  techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or
  deliver the
  content
  of their ad, make annual risk assessments of the use of those techniques on the fundamental rights and freedoms of individuals and the society as a whole
  and keep record of their relevant activities. When publishing, promoting
  , delivering
  or disseminating a political advertisement making use of targeting techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery.

Amendment 78

Proposal for a regulation

Recital 50

| Text proposed by the Commission | Amendment |
| --- | --- |
| (50) | Political advertising publishers making use of targeting or
  amplification
  techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the
  controller
  . In case the
  controller
  is different from the advertising publisher the
  controller
  should transmit to political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards. |

Text proposed by the Commission

Amendment

(50)

Political advertising publishers making use of targeting or
  amplification
  techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the
  controller
  . In case the
  controller
  is different from the advertising publisher the
  controller
  should transmit to political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards.

| (50) | Political advertising publishers making use of targeting or
  ad delivery
  techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the
  political advertising service provider
  . In case the
  political advertising service provider
  is different from the advertising publisher the
  service provider
  should transmit to
  the
  political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards. |
| --- | --- |

(50)

Political advertising publishers making use of targeting or
  ad delivery
  techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the
  political advertising service provider
  . In case the
  political advertising service provider
  is different from the advertising publisher the
  service provider
  should transmit to
  the
  political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards.

Amendment 79

Proposal for a regulation

Recital 51

| Text proposed by the Commission | Amendment |
| --- | --- |
| (51) | In order to further empower individuals to exercise their data protection rights, political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the EU data protection legal framework including to
  object or
  withdraw their consent when targeted with a political advertisement. This information should also be easily accessible directly from the transparency notice. The tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements, as well as to prevent targeting on the basis of specific criteria and by one or several specific controllers. |

Text proposed by the Commission

Amendment

(51)

In order to further empower individuals to exercise their data protection rights, political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the EU data protection legal framework including to
  object or
  withdraw their consent when targeted with a political advertisement. This information should also be easily accessible directly from the transparency notice. The tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements, as well as to prevent targeting on the basis of specific criteria and by one or several specific controllers.

| (51) | In order to further empower individuals to exercise their data protection rights, political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the EU data protection legal framework including to withdraw their consent when targeted with a political advertisement. This information should also be easily accessible directly from the transparency notice. The tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements, as well as to prevent targeting on the basis of specific criteria and by one or several specific controllers. |
| --- | --- |

(51)

In order to further empower individuals to exercise their data protection rights, political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the EU data protection legal framework including to withdraw their consent when targeted with a political advertisement. This information should also be easily accessible directly from the transparency notice. The tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements, as well as to prevent targeting on the basis of specific criteria and by one or several specific controllers.

Amendment 80

Proposal for a regulation

Recital 52

| Text proposed by the Commission | Amendment |
| --- | --- |
| (52) | The Commission should
  encourage the drawing up of codes of conduct as referred to in Article 40 of Regulation (EU) 2016/679
  to support the exercise of data subjects’ rights in this context. |

Text proposed by the Commission

Amendment

(52)

The Commission should
  encourage the drawing up of codes of conduct as referred to in Article 40 of Regulation (EU) 2016/679
  to support the exercise of data subjects’ rights in this context.

| (52) | The Commission should
  draw up guidelines
  to support the exercise of data subjects’ rights in this context. |
| --- | --- |

(52)

The Commission should
  draw up guidelines
  to support the exercise of data subjects’ rights in this context.

Amendment 81

Proposal for a regulation

Recital 53

| Text proposed by the Commission | Amendment |
| --- | --- |
| (53) | Information to be provided in accordance with all requirements applicable to the use of targeting and
  amplification
  techniques under this Regulation should be presented in a format which is easily accessible, clearly visible and user-friendly, including through the use of plain language. |

Text proposed by the Commission

Amendment

(53)

Information to be provided in accordance with all requirements applicable to the use of targeting and
  amplification
  techniques under this Regulation should be presented in a format which is easily accessible, clearly visible and user-friendly, including through the use of plain language.

| (53) | Information to be provided in accordance with all requirements applicable to the use of targeting and
  ad delivery
  techniques under this Regulation should be presented in a format which is easily accessible,
  complete,
  clearly visible and user-friendly, including through the use of plain language
  and suitable for persons with disabilities
  . |
| --- | --- |

(53)

Information to be provided in accordance with all requirements applicable to the use of targeting and
  ad delivery
  techniques under this Regulation should be presented in a format which is easily accessible,
  complete,
  clearly visible and user-friendly, including through the use of plain language
  and suitable for persons with disabilities
  .

Amendment 82

Proposal for a regulation

Recital 54

| Text proposed by the Commission | Amendment |
| --- | --- |
| (54) | It is appropriate to lay down rules on the transmission of information on targeting to other interested entities. The applicable regime should be consistent with the regime for the transmission of information linked to the transparency requirements. |

Text proposed by the Commission

Amendment

(54)

It is appropriate to lay down rules on the transmission of information on targeting to other interested entities. The applicable regime should be consistent with the regime for the transmission of information linked to the transparency requirements.

| (54) | It is appropriate to lay down rules on the transmission of information on targeting
  and ad delivery
  to other interested entities. The applicable regime should be consistent with the regime for the transmission of information linked to the transparency requirements. |
| --- | --- |

(54)

It is appropriate to lay down rules on the transmission of information on targeting
  and ad delivery
  to other interested entities. The applicable regime should be consistent with the regime for the transmission of information linked to the transparency requirements.

Amendment 83

Proposal for a regulation

Recital 55

| Text proposed by the Commission | Amendment |
| --- | --- |
| (55) | Providers of political advertising services established in a third country that offer services in the Union should designate a mandated legal representative in the Union to allow for effective oversight of this Regulation in relation to those providers. The legal representative could be the one designated on the basis of Article 27 of Regulation (EU)
  2016/679)
  or the representative designated on the basis of Article
  11
  of Regulation (EU)
  2021/xxx [the DSA]
  . |

Text proposed by the Commission

Amendment

(55)

Providers of political advertising services established in a third country that offer services in the Union should designate a mandated legal representative in the Union to allow for effective oversight of this Regulation in relation to those providers. The legal representative could be the one designated on the basis of Article 27 of Regulation (EU)
  2016/679)
  or the representative designated on the basis of Article
  11
  of Regulation (EU)
  2021/xxx [the DSA]
  .

| (55) | Providers of political advertising services established in a third country that offer services in the Union should designate a mandated legal representative in the Union
  that is registered with the national single contact point,
  to allow for effective oversight of this Regulation in relation to those providers. The legal representative could be the one designated on the basis of Article 27 of Regulation (EU)
  2016/679
  or the representative designated on the basis of Article
  13
  of Regulation (EU)
  2022/2065 (Digital Services Act). Member States should keep a publicly available register of all legal representatives registered on their territory under this Regulation, and the Commission should keep a publicly available and easily accessible database of legal representatives registered within the Union
  . |
| --- | --- |

(55)

Providers of political advertising services established in a third country that offer services in the Union should designate a mandated legal representative in the Union
  that is registered with the national single contact point,
  to allow for effective oversight of this Regulation in relation to those providers. The legal representative could be the one designated on the basis of Article 27 of Regulation (EU)
  2016/679
  or the representative designated on the basis of Article
  13
  of Regulation (EU)
  2022/2065 (Digital Services Act). Member States should keep a publicly available register of all legal representatives registered on their territory under this Regulation, and the Commission should keep a publicly available and easily accessible database of legal representatives registered within the Union
  .

Amendment 84

Proposal for a regulation

Recital 56

| Text proposed by the Commission | Amendment |
| --- | --- |
| (56) | In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules. Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679 and Regulation (EU)
  2021/xxx [
  Digital Services Act], different national judicial or administrative authorities may be designated to that effect. |

Text proposed by the Commission

Amendment

(56)

In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules. Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679 and Regulation (EU)
  2021/xxx [
  Digital Services Act], different national judicial or administrative authorities may be designated to that effect.

| (56) | In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules
  and endow them with resources commensurate with such additional competences
  . Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679 and Regulation (EU)
  2022/2065 (
  Digital Services Act), different national judicial or administrative authorities may be designated to that effect. |
| --- | --- |

(56)

In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules
  and endow them with resources commensurate with such additional competences
  . Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679 and Regulation (EU)
  2022/2065 (
  Digital Services Act), different national judicial or administrative authorities may be designated to that effect.

Amendment 85

Proposal for a regulation

Recital 57

| Text proposed by the Commission | Amendment |
| --- | --- |
| (57) | As regards the supervision of online intermediary services under this Regulation, Member States should designate competent authorities and ensure that such supervision is coherent with the competent authorities designated pursuant to Article 38 of Regulation (EU) [Digital Services Act]. Digital Services Coordinators, pursuant to Regulation (EU) Digital Services Act, in each Member State should in any event be responsible for ensuring coordination at national level in respect to those matters and engage, where necessary, cross-border cooperation with other Digital Services Coordinators following the mechanisms laid down in Regulation (EU) [Digital Services Act]. In the framework of application of this Regulation, this mechanism should be limited to the national cooperation across Digital Services Coordinators [and should not include the escalation to the Union level as provided by the Regulation (EU) [Digital Services Act]. |

Text proposed by the Commission

Amendment

(57)

As regards the supervision of online intermediary services under this Regulation, Member States should designate competent authorities and ensure that such supervision is coherent with the competent authorities designated pursuant to Article 38 of Regulation (EU) [Digital Services Act]. Digital Services Coordinators, pursuant to Regulation (EU) Digital Services Act, in each Member State should in any event be responsible for ensuring coordination at national level in respect to those matters and engage, where necessary, cross-border cooperation with other Digital Services Coordinators following the mechanisms laid down in Regulation (EU) [Digital Services Act]. In the framework of application of this Regulation, this mechanism should be limited to the national cooperation across Digital Services Coordinators [and should not include the escalation to the Union level as provided by the Regulation (EU) [Digital Services Act].

| (57) | As regards the supervision of online intermediary services under this Regulation, Member States should designate competent authorities and ensure that such supervision is coherent with the competent authorities designated pursuant to Article 38 of Regulation (EU)
  2022/2065 (
  Digital Services Act). Digital Services Coordinators, pursuant to Regulation (EU)
  2022/2065 (
  Digital Services Act), in each Member State should in any event be responsible for ensuring coordination at national level in respect to those matters and engage, where necessary, cross-border cooperation with other Digital Services Coordinators following the mechanisms laid down in Regulation (EU)
  2022/2065 (
  Digital Services Act). In the framework of application of this Regulation, this mechanism should be limited to the national cooperation across Digital Services Coordinators [and should not include the escalation to the Union level as provided by the Regulation (EU)
  2022/2065 (
  Digital Services Act). |
| --- | --- |

(57)

As regards the supervision of online intermediary services under this Regulation, Member States should designate competent authorities and ensure that such supervision is coherent with the competent authorities designated pursuant to Article 38 of Regulation (EU)
  2022/2065 (
  Digital Services Act). Digital Services Coordinators, pursuant to Regulation (EU)
  2022/2065 (
  Digital Services Act), in each Member State should in any event be responsible for ensuring coordination at national level in respect to those matters and engage, where necessary, cross-border cooperation with other Digital Services Coordinators following the mechanisms laid down in Regulation (EU)
  2022/2065 (
  Digital Services Act). In the framework of application of this Regulation, this mechanism should be limited to the national cooperation across Digital Services Coordinators [and should not include the escalation to the Union level as provided by the Regulation (EU)
  2022/2065 (
  Digital Services Act).

Amendment 86

Proposal for a regulation

Recital 58

| Text proposed by the Commission | Amendment |
| --- | --- |
| (58) | For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council (13). |

Text proposed by the Commission

Amendment

(58)

For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council (13).

| (58) | For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725
  and Regulation (EU) 2022/2065 (Digital Services Act),
  Member States should designate competent authorities
  to monitor and enforce relevant rules
  . To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council (13). |
| --- | --- |

(58)

For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725
  and Regulation (EU) 2022/2065 (Digital Services Act),
  Member States should designate competent authorities
  to monitor and enforce relevant rules
  . To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council (13).

Amendment 87

Proposal for a regulation

Recital 58 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (58a) | For the purpose of the exercise of their powers under this Regulation, the competent authorities referred to in Article 15 and the European Data Protection Board should be provided with sufficient resources. |

Text proposed by the Commission

Amendment

(58a)

For the purpose of the exercise of their powers under this Regulation, the competent authorities referred to in Article 15 and the European Data Protection Board should be provided with sufficient resources.

Amendment 88

Proposal for a regulation

Recital 59

| Text proposed by the Commission | Amendment |
| --- | --- |
| (59) | Where rules already exist under Union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as Article 9 of Regulation (EU)
  2021/xxx [
  Digital Services Act], or those contained in Regulation (EU) 2016/679, those rules should apply mutatis mutandis to the relevant provisions of this Regulation. |

Text proposed by the Commission

Amendment

(59)

Where rules already exist under Union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as Article 9 of Regulation (EU)
  2021/xxx [
  Digital Services Act], or those contained in Regulation (EU) 2016/679, those rules should apply mutatis mutandis to the relevant provisions of this Regulation.

| (59) | Where rules already exist under Union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as Article 9 of Regulation (EU)
  2022/2065 (
  Digital Services Act), or those contained in Regulation (EU) 2016/679, those rules should apply mutatis mutandis to the relevant provisions of this Regulation. |
| --- | --- |

(59)

Where rules already exist under Union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as Article 9 of Regulation (EU)
  2022/2065 (
  Digital Services Act), or those contained in Regulation (EU) 2016/679, those rules should apply mutatis mutandis to the relevant provisions of this Regulation.

Amendment 89

Proposal for a regulation

Recital 60

| Text proposed by the Commission | Amendment |
| --- | --- |
| (60) | Authorities competent for the oversight of this Regulation should cooperate with each other both at national and at EU level making best use of existing structures including national cooperation networks, the European Cooperation Network on Elections as referred to in Recommendation C(2018) 5949 final, and the European Regulators Group for Audiovisual Media Services established under Directive 2010/13/EU. Such cooperation should facilitate the swift, secured exchange of information on issues connected to the exercise of their supervisory and
  enforcements
  tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. |

Text proposed by the Commission

Amendment

(60)

Authorities competent for the oversight of this Regulation should cooperate with each other both at national and at EU level making best use of existing structures including national cooperation networks, the European Cooperation Network on Elections as referred to in Recommendation C(2018) 5949 final, and the European Regulators Group for Audiovisual Media Services established under Directive 2010/13/EU. Such cooperation should facilitate the swift, secured exchange of information on issues connected to the exercise of their supervisory and
  enforcements
  tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.

| (60) | Authorities competent for the oversight of this Regulation should cooperate with each other both at national and at EU level making best use of existing structures including national cooperation networks, the European Cooperation Network on Elections as referred to in Recommendation C(2018) 5949 final,
  the European Board for Digital Services as referred to in Regulation (EU) 2022/2065 (Digital Services Act)
  and the European Regulators Group for Audiovisual Media Services established under Directive 2010/13/EU. Such cooperation should facilitate the swift, secured exchange of information on issues connected to the exercise of their supervisory and
  enforcement
  tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. |
| --- | --- |

(60)

Authorities competent for the oversight of this Regulation should cooperate with each other both at national and at EU level making best use of existing structures including national cooperation networks, the European Cooperation Network on Elections as referred to in Recommendation C(2018) 5949 final,
  the European Board for Digital Services as referred to in Regulation (EU) 2022/2065 (Digital Services Act)
  and the European Regulators Group for Audiovisual Media Services established under Directive 2010/13/EU. Such cooperation should facilitate the swift, secured exchange of information on issues connected to the exercise of their supervisory and
  enforcement
  tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.

Amendment 90

Proposal for a regulation

Recital 60 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (60a) | Within the framework of the European Cooperation Network on Elections, a permanent Network of National Contact Points should be established to serve as platform for the regular exchange of information, and for structured cooperation, between national contact points and the Commission concerning all aspects of this Regulation. It should work in close cooperation with the European Regulators Group for Audiovisual Media Services and other relevant authorities and networks. |

Text proposed by the Commission

Amendment

(60a)

Within the framework of the European Cooperation Network on Elections, a permanent Network of National Contact Points should be established to serve as platform for the regular exchange of information, and for structured cooperation, between national contact points and the Commission concerning all aspects of this Regulation. It should work in close cooperation with the European Regulators Group for Audiovisual Media Services and other relevant authorities and networks.

Amendment 91

Proposal for a regulation

Recital 61

| Text proposed by the Commission | Amendment |
| --- | --- |
| (61) | With a view to facilitating the effective application of the obligations set out in the regulation, it is necessary to empower national authorities to request from the services providers the relevant information on the transparency of political advertisement. Information to be transmitted to competent authorities could concern an advertising campaign, be aggregated by years or concern specific advertisements. In order to ensure that the requests for such information can be complied with in an effective and efficient manner, and at the same time that the providers of political advertising services are not subject to any disproportionate burdens, it is necessary to set certain conditions that those requests should meet. In the interest of the timely oversight of an election process in particular, providers of political advertising services should quickly respond to requests from competent authorities, and always within 10 working days upon receipt of the measure. In the interest of legal certainty and in compliance with the rights of defence, requests to provide information from a competent authority should contain an adequate statement of reasons and information about available redress. Providers of political advertising services should designate contact points for the interaction with the competent authorities. Such contact points could be electronic. |

Text proposed by the Commission

Amendment

(61)

With a view to facilitating the effective application of the obligations set out in the regulation, it is necessary to empower national authorities to request from the services providers the relevant information on the transparency of political advertisement. Information to be transmitted to competent authorities could concern an advertising campaign, be aggregated by years or concern specific advertisements. In order to ensure that the requests for such information can be complied with in an effective and efficient manner, and at the same time that the providers of political advertising services are not subject to any disproportionate burdens, it is necessary to set certain conditions that those requests should meet. In the interest of the timely oversight of an election process in particular, providers of political advertising services should quickly respond to requests from competent authorities, and always within 10 working days upon receipt of the measure. In the interest of legal certainty and in compliance with the rights of defence, requests to provide information from a competent authority should contain an adequate statement of reasons and information about available redress. Providers of political advertising services should designate contact points for the interaction with the competent authorities. Such contact points could be electronic.

| (61) | With a view to facilitating the effective application of the obligations set out in the regulation, it is necessary to empower national authorities to request from the services providers the relevant information on the transparency of political advertisement. Information to be transmitted to competent authorities could concern an advertising campaign, be aggregated by years or concern specific advertisements. In order to ensure that the requests for such information can be complied with in an effective and efficient manner, and at the same time that the providers of political advertising services are not subject to any disproportionate burdens, it is necessary to set certain conditions that those requests should meet. In the interest of the timely oversight of an election process in particular, providers of political advertising services should quickly respond to requests from competent authorities, and always within 10 working days upon receipt of the measure. In the
  last month preceding an election or a referendum, an infringement of this Regulation should be deemed to negatively and severely affect individuals’ rights and therefore providers of political advertising services should provide the requested information without undue delay and, in case they are not micro or small enterprises, no later than 48 hours. In the
  interest of legal certainty and in compliance with the rights of defence, requests to provide information from a competent authority should contain an adequate statement of reasons and information about available redress. Providers of political advertising services should designate contact points for the interaction with the competent authorities. Such contact points could be electronic. |
| --- | --- |

(61)

With a view to facilitating the effective application of the obligations set out in the regulation, it is necessary to empower national authorities to request from the services providers the relevant information on the transparency of political advertisement. Information to be transmitted to competent authorities could concern an advertising campaign, be aggregated by years or concern specific advertisements. In order to ensure that the requests for such information can be complied with in an effective and efficient manner, and at the same time that the providers of political advertising services are not subject to any disproportionate burdens, it is necessary to set certain conditions that those requests should meet. In the interest of the timely oversight of an election process in particular, providers of political advertising services should quickly respond to requests from competent authorities, and always within 10 working days upon receipt of the measure. In the
  last month preceding an election or a referendum, an infringement of this Regulation should be deemed to negatively and severely affect individuals’ rights and therefore providers of political advertising services should provide the requested information without undue delay and, in case they are not micro or small enterprises, no later than 48 hours. In the
  interest of legal certainty and in compliance with the rights of defence, requests to provide information from a competent authority should contain an adequate statement of reasons and information about available redress. Providers of political advertising services should designate contact points for the interaction with the competent authorities. Such contact points could be electronic.

Amendment 92

Proposal for a regulation

Recital 62

| Text proposed by the Commission | Amendment |
| --- | --- |
| (62) | Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should, if possible, be a member of the European Cooperation Network on Elections. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with
  other
  competent authorities in their own. |

Text proposed by the Commission

Amendment

(62)

Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should, if possible, be a member of the European Cooperation Network on Elections. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with
  other
  competent authorities in their own.

| (62) | Member States should designate a 
  national
  contact point at Union level for the purpose of this Regulation. The contact point should, if possible, be a member of the European Cooperation Network on Elections. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with
  other
  competent authorities in their own. |
| --- | --- |

(62)

Member States should designate a 
  national
  contact point at Union level for the purpose of this Regulation. The contact point should, if possible, be a member of the European Cooperation Network on Elections. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with
  other
  competent authorities in their own.

Amendment 93

Proposal for a regulation

Recital 63

| Text proposed by the Commission | Amendment |
| --- | --- |
| (63) | Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in
  Article 7
  for the effective pursuit of the objectives of the present Regulation should be taken into account. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible. |

Text proposed by the Commission

Amendment

(63)

Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in
  Article 7
  for the effective pursuit of the objectives of the present Regulation should be taken into account. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible.

| (63) | Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the
  size and
  economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in
  Articles 3a, 5, 7, 7a, 7b and 12
  for the effective pursuit of the objectives of the present Regulation should be taken into account
  and infringements of those Articles should be regarded as particularly serious
  . Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible. |
| --- | --- |

(63)

Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the
  size and
  economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in
  Articles 3a, 5, 7, 7a, 7b and 12
  for the effective pursuit of the objectives of the present Regulation should be taken into account
  and infringements of those Articles should be regarded as particularly serious
  . Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible.

Amendment 94

Proposal for a regulation

Recital 63 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (63a) | Member States should lay down rules on penalties, including administrative fines and financial penalties, applicable to infringements of this Regulation and should ensure that those rules are effectively enforced. The fines and penalties provided for should be effective, proportionate and dissuasive. Member States may also impose periodic penalty payments for serious and repeated violation of this Regulation. At Union level, the Network of National Contact Points should facilitate the development of a harmonised approach on sanctions applicable at national level. |

Text proposed by the Commission

Amendment

(63a)

Member States should lay down rules on penalties, including administrative fines and financial penalties, applicable to infringements of this Regulation and should ensure that those rules are effectively enforced. The fines and penalties provided for should be effective, proportionate and dissuasive. Member States may also impose periodic penalty payments for serious and repeated violation of this Regulation. At Union level, the Network of National Contact Points should facilitate the development of a harmonised approach on sanctions applicable at national level.

Amendment 95

Proposal for a regulation

Recital 65

| Text proposed by the Commission | Amendment |
| --- | --- |
| (65) | Member States should publish the exact duration of their electoral periods, established according to their electoral traditions, sufficiently in advance of the beginning of the electoral calendar. |

Text proposed by the Commission

Amendment

(65)

Member States should publish the exact duration of their electoral periods, established according to their electoral traditions, sufficiently in advance of the beginning of the electoral calendar.

| (65) | Member States should publish the exact duration of their electoral periods, established according to their
  legislation and
  electoral traditions, sufficiently in advance of the beginning of the electoral calendar. |
| --- | --- |

(65)

Member States should publish the exact duration of their electoral periods, established according to their
  legislation and
  electoral traditions, sufficiently in advance of the beginning of the electoral calendar.

Amendment 96

Proposal for a regulation

Recital 67

| Text proposed by the Commission | Amendment |
| --- | --- |
| (67) | Within two years after each election to the European Parliament, the Commission should submit a public report on the evaluation and review of this Regulation. In preparing that report the Commission should
  also
  take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union. The report should review inter alia the continued suitability of the provisions of this
  Regulation’s
  annexes and consider the need for their revision. |

Text proposed by the Commission

Amendment

(67)

Within two years after each election to the European Parliament, the Commission should submit a public report on the evaluation and review of this Regulation. In preparing that report the Commission should
  also
  take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union. The report should review inter alia the continued suitability of the provisions of this
  Regulation’s
  annexes and consider the need for their revision.

| (67) | Within two years after each election to the European Parliament, the Commission should submit a public report on the evaluation and review of this Regulation. In preparing that report the Commission should take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union. The report should review inter alia the continued suitability of the provisions of this
  Regulation and its
  annexes and consider the need for their revision.
  In particular, the Commission should assess the appropriateness of the scope and definitions and the effectiveness of the obligations, the governance and enforcement provisions, including in the light of technological progress, market developments and new scientific evidence. |
| --- | --- |

(67)

Within two years after each election to the European Parliament, the Commission should submit a public report on the evaluation and review of this Regulation. In preparing that report the Commission should take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union. The report should review inter alia the continued suitability of the provisions of this
  Regulation and its
  annexes and consider the need for their revision.
  In particular, the Commission should assess the appropriateness of the scope and definitions and the effectiveness of the obligations, the governance and enforcement provisions, including in the light of technological progress, market developments and new scientific evidence.

Amendment 97

Proposal for a regulation

Recital 68 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (68a) | In the interest of ensuring that a high level of transparency and strengthened individual personal data protections are provided for political advertising in the context of the European Parliament elections 2024, political advertising service providers should ensure that the labelling and transparency notice requirements are complied with immediately, notwithstanding the availability of supplementary elements to be provided by the Commission. Political advertising publishers should make best efforts to ensure the availability of transparency notices notwithstanding the availability of a European repository for online political advertising. |

Text proposed by the Commission

Amendment

(68a)

In the interest of ensuring that a high level of transparency and strengthened individual personal data protections are provided for political advertising in the context of the European Parliament elections 2024, political advertising service providers should ensure that the labelling and transparency notice requirements are complied with immediately, notwithstanding the availability of supplementary elements to be provided by the Commission. Political advertising publishers should make best efforts to ensure the availability of transparency notices notwithstanding the availability of a European repository for online political advertising.

Amendment 98

Proposal for a regulation

Recital 70

| Text proposed by the Commission | Amendment |
| --- | --- |
| (70) | This Regulation is without prejudice to the rules laid down in particular by Directive 2000/31/EC, including the liability rules for intermediary service providers in Articles 12 to 15 of that Directive as modified by Regulation (EU)
  2021/xxx [the
  Digital Services Act], Regulation (EU)
  2021/xxx [the
  Digital Markets Act], Directive 2002/58/EC
  and Regulation (EU) XXX [ePrivacy Regulation]
  , as well as Directive
  (EU) 2010/13
  , Directive 2000/31/EC
  , Directive 2002/58/EC
  , Directive 2005/29/EC, Directive 2011/83/EU, Directive 2006/114/EC, Directive 2006/123/EC and Regulation (EU) 2019/1150. |

Text proposed by the Commission

Amendment

(70)

This Regulation is without prejudice to the rules laid down in particular by Directive 2000/31/EC, including the liability rules for intermediary service providers in Articles 12 to 15 of that Directive as modified by Regulation (EU)
  2021/xxx [the
  Digital Services Act], Regulation (EU)
  2021/xxx [the
  Digital Markets Act], Directive 2002/58/EC
  and Regulation (EU) XXX [ePrivacy Regulation]
  , as well as Directive
  (EU) 2010/13
  , Directive 2000/31/EC
  , Directive 2002/58/EC
  , Directive 2005/29/EC, Directive 2011/83/EU, Directive 2006/114/EC, Directive 2006/123/EC and Regulation (EU) 2019/1150.

| (70) | This Regulation is without prejudice to the rules laid down in particular by Directive 2000/31/EC, including the liability rules for intermediary service providers in Articles 12 to 15 of that Directive as modified by Regulation (EU)
  2022/2065 (
  Digital services Act), Regulation (EU)
  2022/1925 (
  Digital Markets Act), Directive 2002/58/EC, as well as Directive
  2010/13/EU
  , Directive 2000/31/EC, Directive 2005/29/EC, Directive 2011/83/EU, Directive 2006/114/EC, Directive 2006/123/EC and Regulation (EU) 2019/1150.
  This Regulation should complement the Union data protection acquis, in particular Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC and provide for specific data protection rules thereto. This Regulation does not provide for a legal ground that satisfies the requirements of Article 6 of Regulation (EU) 2016/679 or Article 5 of Regulation (EU) 2018/1725 for the processing of personal data for the purpose of political advertising. |
| --- | --- |

(70)

This Regulation is without prejudice to the rules laid down in particular by Directive 2000/31/EC, including the liability rules for intermediary service providers in Articles 12 to 15 of that Directive as modified by Regulation (EU)
  2022/2065 (
  Digital services Act), Regulation (EU)
  2022/1925 (
  Digital Markets Act), Directive 2002/58/EC, as well as Directive
  2010/13/EU
  , Directive 2000/31/EC, Directive 2005/29/EC, Directive 2011/83/EU, Directive 2006/114/EC, Directive 2006/123/EC and Regulation (EU) 2019/1150.
  This Regulation should complement the Union data protection acquis, in particular Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC and provide for specific data protection rules thereto. This Regulation does not provide for a legal ground that satisfies the requirements of Article 6 of Regulation (EU) 2016/679 or Article 5 of Regulation (EU) 2018/1725 for the processing of personal data for the purpose of political advertising.

Amendment 99

Proposal for a regulation

Recital 71

| Text proposed by the Commission | Amendment |
| --- | --- |
| (71) | The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on
  XX XX
  2022. |

Text proposed by the Commission

Amendment

(71)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on
  XX XX
  2022.

| (71) | The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on
  20 January
  2022. |
| --- | --- |

(71)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on
  20 January
  2022.

Amendment 100

Proposal for a regulation

Article 1 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   This Regulation lays down: | 1.   This Regulation lays down
  harmonised rules on
  : |

Text proposed by the Commission

Amendment

1.   This Regulation lays down:

1.   This Regulation lays down
  harmonised rules on
  :

Amendment 101

Amendment 101

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point a

Article 1 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | harmonised
  transparency
  obligations for
  providers of political advertising
  and related
  services
  to
  retain, disclose and publish information connected to the provision of such services; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

harmonised
  transparency
  obligations for
  providers of political advertising
  and related
  services
  to
  retain, disclose and publish information connected to the provision of such services;

harmonised

obligations for

and related

to

| (a) | the provision of political advertising services, and on
  transparency
  and due diligence for sponsors and
  providers of political advertising services
  , that require them to provide, collect,
  retain, disclose and publish information connected to the provision
  in the internal market
  of such services; |
| --- | --- |

(a)

the provision of political advertising services, and on
  transparency
  and due diligence for sponsors and
  providers of political advertising services
  , that require them to provide, collect,
  retain, disclose and publish information connected to the provision
  in the internal market
  of such services;

the provision of political advertising services, and on

and due diligence for sponsors and

, that require them to provide, collect,

in the internal market

Amendment 102

Amendment 102

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point b

Article 1 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | harmonised rules on
  the use of targeting and
  amplification
  techniques in the context of the
  publication, dissemination or promotion
  of political advertising
  that involve the use
  of personal data. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

harmonised rules on
  the use of targeting and
  amplification
  techniques in the context of the
  publication, dissemination or promotion
  of political advertising
  that involve the use
  of personal data.

harmonised rules on

amplification

publication, dissemination or promotion

that involve the use

| (b) | the use of targeting and
  ad delivery
  techniques
  in connection with the preparation, placement, promotion, publication, delivery or dissemination of political advertising,
  in the context of the
  provision
  of political advertising
  services, that involves the processing
  of personal data; |
| --- | --- |

(b)

the use of targeting and
  ad delivery
  techniques
  in connection with the preparation, placement, promotion, publication, delivery or dissemination of political advertising,
  in the context of the
  provision
  of political advertising
  services, that involves the processing
  of personal data;

ad delivery

in connection with the preparation, placement, promotion, publication, delivery or dissemination of political advertising,

provision

services, that involves the processing

Amendment 103

Amendment 103

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point b a (new)

Article 1 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the supervision and enforcement of this Regulation, including as regards the cooperation and coordination between the competent authorities. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the supervision and enforcement of this Regulation, including as regards the cooperation and coordination between the competent authorities.

the supervision and enforcement of this Regulation, including as regards the cooperation and coordination between the competent authorities.

Amendment 104

Amendment 104

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 2

Article 1 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used. | 2.   This Regulation shall apply to political advertising
  that is sponsored,
  prepared, placed, promoted, published
  , delivered
  or disseminated in the Union, or
  that is
  directed to individuals in one or several Member States, irrespective of the place of establishment of the
  sponsor or the
  advertising services provider
  concerned
  , and irrespective of the means used. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.

2.   This Regulation shall apply to political advertising
  that is sponsored,
  prepared, placed, promoted, published
  , delivered
  or disseminated in the Union, or
  that is
  directed to individuals in one or several Member States, irrespective of the place of establishment of the
  sponsor or the
  advertising services provider
  concerned
  , and irrespective of the means used.

Amendment 105

Amendment 105

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 2 a (new)

Article 1 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Political views and opinions and other editorial content expressed under the editorial responsibility of a media service provider shall not be considered political advertising unless specific payment or other remuneration is provided for their preparation, placement, promotion, publication, delivery or dissemination by third parties. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Political views and opinions and other editorial content expressed under the editorial responsibility of a media service provider shall not be considered political advertising unless specific payment or other remuneration is provided for their preparation, placement, promotion, publication, delivery or dissemination by third parties.

Amendment 106

Amendment 106

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point a

Article 1 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | to contribute to the proper functioning of
  the
  internal market for political advertising and related services; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

to contribute to the proper functioning of
  the
  internal market for political advertising and related services;

the

| (a) | to contribute to the
  harmonisation and
  proper functioning of
  a transparent, safe, predictable and trusted
  internal market for political advertising and related services; |
| --- | --- |

(a)

to contribute to the
  harmonisation and
  proper functioning of
  a transparent, safe, predictable and trusted
  internal market for political advertising and related services;

harmonisation and

a transparent, safe, predictable and trusted

Amendment 107

Amendment 107

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point b

Article 1 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | to protect natural persons with regard to the processing of personal data. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

to protect natural persons with regard to the processing of personal data.

| (b) | to protect the fundamental rights and freedoms enshrined in the Union and national law, including those enshrined in the Charter of Fundamental Rights, and, in particular,
  to protect natural persons with regard to the
  right to privacy and the
  processing of personal data. |
| --- | --- |

(b)

to protect the fundamental rights and freedoms enshrined in the Union and national law, including those enshrined in the Charter of Fundamental Rights, and, in particular,
  to protect natural persons with regard to the
  right to privacy and the
  processing of personal data.

to protect the fundamental rights and freedoms enshrined in the Union and national law, including those enshrined in the Charter of Fundamental Rights, and, in particular,

right to privacy and the

Amendment 108

Amendment 108

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 4 — point b

Article 1 — paragraph 4 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | Directive 2002/58/EC
  and Regulation (EU) XXX [ePrivacy Regulation]
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

Directive 2002/58/EC
  and Regulation (EU) XXX [ePrivacy Regulation]
  ;

and Regulation (EU) XXX [ePrivacy Regulation]

| (b) | Directive 2002/58/EC; |
| --- | --- |

(b)

Directive 2002/58/EC;

Amendment 109

Amendment 109

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 4 — point f

Article 1 — paragraph 4 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | Directive
  (EU) 2010/13
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

Directive
  (EU) 2010/13
  ;

(EU) 2010/13

| (f) | Directive
  2010/13/EU
  ; |
| --- | --- |

(f)

Directive
  2010/13/EU
  ;

2010/13/EU

Amendment 110

Amendment 110

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 4 — point i

Article 1 — paragraph 4 — point i

1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | Regulation (EU)
  2021/xxx [the
  Digital Services Act]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

Regulation (EU)
  2021/xxx [the
  Digital Services Act].

2021/xxx [the

| (i) | Regulation (EU)
  2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (
  Digital Services Act
  ), OJ L 277, 27.10.2022, p. 1; |
| --- | --- |

(i)

Regulation (EU)
  2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (
  Digital Services Act
  ), OJ L 277, 27.10.2022, p. 1;

2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (

), OJ L 277, 27.10.2022, p. 1;

Amendment 111

Amendment 111

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 4 — point i a (new)

Article 1 — paragraph 4 — point i a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ia) | Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act), OJ L 265, 12.10.2022, p. 1. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ia)

(ia)

Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act), OJ L 265, 12.10.2022, p. 1.

Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act), OJ L 265, 12.10.2022, p. 1.

Amendment 112

Amendment 112

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 4 a (new)

Article 1 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  The data protection rules on processing of personal data provided for in this Regulation shall be considered as specific data protection rules to the general rules laid down in the Regulations (EU) 2016/679 and (EU) 2018/1725. None of the provisions in this Regulation can be applied or interpreted in such way as to diminish or limit level of protection offered by the right to respect for private life and protection of personal data and by the right of freedom of expression as protected in the Charter of Fundamental Rights and in the Union law on data protection and privacy, in particular by Regulations (EU) 2016/679 and (EU) 2018/1725. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  The data protection rules on processing of personal data provided for in this Regulation shall be considered as specific data protection rules to the general rules laid down in the Regulations (EU) 2016/679 and (EU) 2018/1725. None of the provisions in this Regulation can be applied or interpreted in such way as to diminish or limit level of protection offered by the right to respect for private life and protection of personal data and by the right of freedom of expression as protected in the Charter of Fundamental Rights and in the Union law on data protection and privacy, in particular by Regulations (EU) 2016/679 and (EU) 2018/1725.

Amendment 113

Amendment 113

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 4 b (new)

Article 1 — paragraph 4 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4b.
     
  This Regulation shall not affect the content of political advertising, or Union or Member States rules regulating the content of political advertising, electoral periods and the organisation and conduct of political campaigning. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4b.
     
  This Regulation shall not affect the content of political advertising, or Union or Member States rules regulating the content of political advertising, electoral periods and the organisation and conduct of political campaigning.

Amendment 114

Amendment 114

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 2 — introductory part

Article 2 — paragraph 1 — point 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2. | ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.

‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message:

| 2. | ‘political advertising’ means the preparation, placement, promotion, publication
  , delivery
  or dissemination, by any means, of a message: |
| --- | --- |

2.

‘political advertising’ means the preparation, placement, promotion, publication
  , delivery
  or dissemination, by any means, of a message:

, delivery

Amendment 115

Amendment 115

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 2 — point b

Article 2 — paragraph 1 — point 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | which is liable to influence the outcome of an election
  or
  referendum, a legislative or regulatory process
  or voting behaviour
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

which is liable to influence the outcome of an election
  or
  referendum, a legislative or regulatory process
  or voting behaviour
  .

or

or voting behaviour

| (b) | which is liable to influence
  voting behaviour or
  the outcome of an election, referendum,
  or
  a legislative or regulatory process. |
| --- | --- |

(b)

which is liable to influence
  voting behaviour or
  the outcome of an election, referendum,
  or
  a legislative or regulatory process.

voting behaviour or

or

Amendment 116

Amendment 116

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 4 — point d

Article 2 — paragraph 1 — point 4 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | a candidate for any elected office at
  European
  , national, regional and local level, or for one of the leadership positions within a political party; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

a candidate for any elected office at
  European
  , national, regional and local level, or for one of the leadership positions within a political party;

European

| (d) | a candidate for
  or holder of
  any elected office at
  Union
  , national, regional and local level, or for one of the leadership positions within a political party; |
| --- | --- |

(d)

a candidate for
  or holder of
  any elected office at
  Union
  , national, regional and local level, or for one of the leadership positions within a political party;

or holder of

Union

Amendment 117

Amendment 117

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 4 — point e

Article 2 — paragraph 1 — point 4 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | an elected official within a public institution at European, national, regional or local level; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

(e)

an elected official within a public institution at European, national, regional or local level;

an elected official within a public institution at European, national, regional or local level;

deleted

deleted

Amendment 118

Amendment 118

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 4 — point f

Article 2 — paragraph 1 — point 4 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | an unelected member of government at
  European
  , national, regional or local level; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

an unelected member of government at
  European
  , national, regional or local level;

European

| (f) | an unelected member of government at
  Union
  , national, regional or local level; |
| --- | --- |

(f)

an unelected member of government at
  Union
  , national, regional or local level;

Union

Amendment 119

Amendment 119

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 4 — point g

Article 2 — paragraph 1 — point 4 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | a political campaign organisation with or without legal personality, established
  to achieve a specific
  outcome
  in
  an election
  or
  referendum; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

a political campaign organisation with or without legal personality, established
  to achieve a specific
  outcome
  in
  an election
  or
  referendum;

to achieve a specific

in

or

| (g) | a political campaign organisation with or without legal personality, established
  for the purpose of influencing the
  outcome
  of
  an election, referendum
  or a legislative or regulatory process
  ; |
| --- | --- |

(g)

a political campaign organisation with or without legal personality, established
  for the purpose of influencing the
  outcome
  of
  an election, referendum
  or a legislative or regulatory process
  ;

for the purpose of influencing the

of

or a legislative or regulatory process

Amendment 120

Amendment 120

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 4 — point h

Article 2 — paragraph 1 — point 4 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | any natural or legal person representing or acting on behalf of any of the persons or organisations in points (a) to (g), promoting the political objectives of any of those. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

any natural or legal person representing or acting on behalf of any of the persons or organisations in points (a) to (g), promoting the political objectives of any of those.

| (h) | any natural or legal person representing or acting on behalf of any of the persons or organisations
  referred to
  in points (a) to (g), promoting the political objectives of any of those. |
| --- | --- |

(h)

any natural or legal person representing or acting on behalf of any of the persons or organisations
  referred to
  in points (a) to (g), promoting the political objectives of any of those.

referred to

Amendment 121

Amendment 121

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 5

Article 2 — paragraph 1 — point 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5. | ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article
  2(f)
  of Regulation (EU)
  2021/XXX [
  Digital Services Act] that is provided without consideration for the placement, publication or dissemination
  for
  the specific message; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.

‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article
  2(f)
  of Regulation (EU)
  2021/XXX [
  Digital Services Act] that is provided without consideration for the placement, publication or dissemination
  for
  the specific message;

2(f)

2021/XXX [

for

| 5. | ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article
  3, point (g)
  of Regulation (EU)
  2022/2065 (
  Digital Services Act) that is provided without consideration for the
  preparation,
  placement
  , promotion
  , publication
  , delivery
  or dissemination
  of
  the specific message; |
| --- | --- |

5.

‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article
  3, point (g)
  of Regulation (EU)
  2022/2065 (
  Digital Services Act) that is provided without consideration for the
  preparation,
  placement
  , promotion
  , publication
  , delivery
  or dissemination
  of
  the specific message;

3, point (g)

2022/2065 (

preparation,

, promotion

, delivery

of

Amendment 122

Amendment 122

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 5 a (new)

Article 2 — paragraph 1 — point 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a. | ‘provider of political advertising services’ means a natural or legal person engaged in the provision of political advertising services, with the exception of purely ancillary services; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.

5a.

‘provider of political advertising services’ means a natural or legal person engaged in the provision of political advertising services, with the exception of purely ancillary services;

Amendment 123

Amendment 123

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 6

Article 2 — paragraph 1 — point 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6. | ‘political advertising campaign’ means the preparation, placement, promotion, publication or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.

‘political advertising campaign’ means the preparation, placement, promotion, publication or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding;

| 6. | ‘political advertising campaign’ means the preparation, placement, promotion, publication
  , delivery
  or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding; |
| --- | --- |

6.

‘political advertising campaign’ means the preparation, placement, promotion, publication
  , delivery
  or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding;

, delivery

Amendment 124

Amendment 124

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 6 a (new)

Article 2 — paragraph 1 — point 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6a. | ‘very large online platform’ means an online platform designated as a very large online platform pursuant to Article 33(4) of Regulation (EU) 2022/2065 (Digital Services Act); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6a.

6a.

‘very large online platform’ means an online platform designated as a very large online platform pursuant to Article 33(4) of Regulation (EU) 2022/2065 (Digital Services Act);

Amendment 125

Amendment 125

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 6 b (new)

Article 2 — paragraph 1 — point 6 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6b. | ‘very large online search engine’ means an online search engine designated as a very large online search engine pursuant to Article 33(4) of Regulation (EU) 2022/2065 (Digital Services Act); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6b.

6b.

‘very large online search engine’ means an online search engine designated as a very large online search engine pursuant to Article 33(4) of Regulation (EU) 2022/2065 (Digital Services Act);

Amendment 126

Amendment 126

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 7

Article 2 — paragraph 1 — point 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7. | ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published or disseminated; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.

‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published or disseminated;

| 7. | ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed,
  promoted,
  published
  , delivered
  or disseminated; |
| --- | --- |

7.

‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed,
  promoted,
  published
  , delivered
  or disseminated;

promoted,

, delivered

Amendment 127

Amendment 127

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 8

Article 2 — paragraph 1 — point 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8. | ‘targeting
  or amplification
  techniques’ means techniques that are used
  either to address a tailored
  political advertisement only to a specific person or group of persons or to
  increase the circulation, reach or visibility of a political advertisement
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.

‘targeting
  or amplification
  techniques’ means techniques that are used
  either to address a tailored
  political advertisement only to a specific person or group of persons or to
  increase the circulation, reach or visibility of a political advertisement
  ;

or amplification

either to address a tailored

increase the circulation, reach or visibility of a political advertisement

| 8. | ‘targeting techniques’ means techniques that are used
  by sponsors, political advertising publishers or providers of advertising services to tailor a
  political advertisement only to a specific person or group of persons or to
  exclude them by processing personal data, in particular through the collection of their data
  ; |
| --- | --- |

8.

‘targeting techniques’ means techniques that are used
  by sponsors, political advertising publishers or providers of advertising services to tailor a
  political advertisement only to a specific person or group of persons or to
  exclude them by processing personal data, in particular through the collection of their data
  ;

by sponsors, political advertising publishers or providers of advertising services to tailor a

exclude them by processing personal data, in particular through the collection of their data

Amendment 128

Amendment 128

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 8 a (new)

Article 2 — paragraph 1 — point 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 8a. | ‘ad delivery techniques’ means automated techniques of processing of personal data that typically rely on algorithms or the automated processing of data and that are employed by political advertising publishers or providers of political advertising services involved in the promotion, publication and dissemination of political advertisements to determine a specific audience within the potential audience defined by the sponsors and providers of advertising services, acting on behalf of sponsors; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8a.

8a.

‘ad delivery techniques’ means automated techniques of processing of personal data that typically rely on algorithms or the automated processing of data and that are employed by political advertising publishers or providers of political advertising services involved in the promotion, publication and dissemination of political advertisements to determine a specific audience within the potential audience defined by the sponsors and providers of advertising services, acting on behalf of sponsors;

Amendment 129

Amendment 129

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 9

Article 2 — paragraph 1 — point 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 9. | ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9.

‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules;

| 9. | ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State
  , in accordance with national legislation,
  and during which the campaign activities are subject to specific rules; |
| --- | --- |

9.

‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State
  , in accordance with national legislation,
  and during which the campaign activities are subject to specific rules;

, in accordance with national legislation,

Amendment 130

Amendment 130

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 11

Article 2 — paragraph 1 — point 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| 11. | ‘political advertising publisher’ means a 
  natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domain
  political advertising through any medium; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

11.

‘political advertising publisher’ means a 
  natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domain
  political advertising through any medium;

natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domain

| 11. | ‘political advertising publisher’ means a 
  provider of political advertising service that places, promotes, publishes, delivers or disseminates
  political advertising through any medium; |
| --- | --- |

11.

‘political advertising publisher’ means a 
  provider of political advertising service that places, promotes, publishes, delivers or disseminates
  political advertising through any medium;

provider of political advertising service that places, promotes, publishes, delivers or disseminates

Amendment 131

Amendment 131

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 2

Article 2 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the purposes of the first paragraph, point (2) messages from official sources
  regarding the organisation and
  modalities for participation in elections or referendums
  or for promoting participation in elections or referendums shall not constitute political advertising
  . | For the purposes of the first paragraph, point (2) messages from official sources
  shall not constitute political advertising if they are strictly limited to the announcement of elections or referendums or of the
  modalities for participation in elections or referendums. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For the purposes of the first paragraph, point (2) messages from official sources
  regarding the organisation and
  modalities for participation in elections or referendums
  or for promoting participation in elections or referendums shall not constitute political advertising
  .

regarding the organisation and

or for promoting participation in elections or referendums shall not constitute political advertising

For the purposes of the first paragraph, point (2) messages from official sources
  shall not constitute political advertising if they are strictly limited to the announcement of elections or referendums or of the
  modalities for participation in elections or referendums.

shall not constitute political advertising if they are strictly limited to the announcement of elections or referendums or of the

Amendment 132

Amendment 132

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1

Article 3 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall not maintain or introduce, on grounds related to transparency, provisions or measures diverging from those laid down in this Regulation. | 1.   Member States shall not maintain or introduce, on grounds related to transparency
  of political advertising
  , provisions or measures diverging from those laid down in this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall not maintain or introduce, on grounds related to transparency, provisions or measures diverging from those laid down in this Regulation.

1.   Member States shall not maintain or introduce, on grounds related to transparency
  of political advertising
  , provisions or measures diverging from those laid down in this Regulation.

Amendment 133

Amendment 133

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2

Article 3 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The provisions of political advertising services shall not be prohibited nor restricted on grounds related to transparency when the requirements of this Regulation are complied with. | 2.   The provisions of political advertising services shall not be prohibited nor restricted
  , including geographically,
  on grounds related to transparency when the requirements of this Regulation are complied with. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The provisions of political advertising services shall not be prohibited nor restricted on grounds related to transparency when the requirements of this Regulation are complied with.

2.   The provisions of political advertising services shall not be prohibited nor restricted
  , including geographically,
  on grounds related to transparency when the requirements of this Regulation are complied with.

Amendment 134

Amendment 134

Proposal for a regulation

Proposal for a regulation

Article 3 a (new)

Article 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 3a




  Provision of political advertising services in the Union





  1.
     
  Providers of political advertising services shall not discriminate against sponsors on grounds of their place of residence or, where applicable, establishment, when those sponsors request, conclude or hold a contract for political advertising services.






  2.
     
  By way of exception from paragraph 1, political advertising services shall be provided only to a sponsor or a service provider acting on behalf of a sponsor who is a citizen of the Union, or a natural or legal person residing or established in the Union.






  3.
     
  The provision of cross border political advertising services to European Political Parties within the meaning of Regulation [Regulation on Political Parties] shall not be subject to restrictions other than those provided for by this Regulation or other acts of Union or national law, where applicable. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 3a

Provision of political advertising services in the Union

1.
     
  Providers of political advertising services shall not discriminate against sponsors on grounds of their place of residence or, where applicable, establishment, when those sponsors request, conclude or hold a contract for political advertising services.

2.
     
  By way of exception from paragraph 1, political advertising services shall be provided only to a sponsor or a service provider acting on behalf of a sponsor who is a citizen of the Union, or a natural or legal person residing or established in the Union.

3.
     
  The provision of cross border political advertising services to European Political Parties within the meaning of Regulation [Regulation on Political Parties] shall not be subject to restrictions other than those provided for by this Regulation or other acts of Union or national law, where applicable.

Amendment 135

Amendment 135

Proposal for a regulation

Proposal for a regulation

Chapter II — title

Chapter II — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| TRANSPARENCY OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES | TRANSPARENCY
  AND DUE DILIGENCE
  OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

TRANSPARENCY OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES

TRANSPARENCY
  AND DUE DILIGENCE
  OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES

AND DUE DILIGENCE

Amendment 136

Amendment 136

Proposal for a regulation

Proposal for a regulation

Article 4 — title

Article 4 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Transparency | Transparency
  and due diligence obligations for political advertising services |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Transparency

Transparency
  and due diligence obligations for political advertising services

and due diligence obligations for political advertising services

Amendment 137

Amendment 137

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1

Article 4 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Political advertising services shall be provided in a transparent manner in accordance with the obligations laid down in Articles
  5
  to 11 and 14 of this Regulation. | Political advertising services shall be provided in a transparent manner in accordance with the obligations laid down in Articles
  4
  to 11 and
  Article
  14 of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Political advertising services shall be provided in a transparent manner in accordance with the obligations laid down in Articles
  5
  to 11 and 14 of this Regulation.

5

Political advertising services shall be provided in a transparent manner in accordance with the obligations laid down in Articles
  4
  to 11 and
  Article
  14 of this Regulation.

4

Article

Amendment 138

Amendment 138

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 a (new)

Article 4 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Providers of political advertising services shall ensure that the contracts concluded for the provision of political advertising services clearly set out how the relevant provisions of this Regulation, including regarding due diligence and allocation of responsibility for provision, as well as completeness and accuracy of information, are to be effectively complied with. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Providers of political advertising services shall ensure that the contracts concluded for the provision of political advertising services clearly set out how the relevant provisions of this Regulation, including regarding due diligence and allocation of responsibility for provision, as well as completeness and accuracy of information, are to be effectively complied with.

Providers of political advertising services shall ensure that the contracts concluded for the provision of political advertising services clearly set out how the relevant provisions of this Regulation, including regarding due diligence and allocation of responsibility for provision, as well as completeness and accuracy of information, are to be effectively complied with.

Amendment 139

Amendment 139

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 1

Article 5 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Providers of advertising services shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration. | 1.   Providers of advertising services shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service
  that
  they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration
  in good faith and in clear terms, and shall be responsible for its accuracy
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Providers of advertising services shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration.

1.   Providers of advertising services shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service
  that
  they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration
  in good faith and in clear terms, and shall be responsible for its accuracy
  .

Amendment 140

Amendment 140

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 1 a (new)

Article 5 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Providers of advertising services that receive a declaration, from a sponsor, or from a provider of advertising services acting on behalf of a sponsor, that advertising constitutes political advertising shall make best efforts to ensure that those declarations are made in accordance with paragraph 1 before the provision of the service. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Providers of advertising services that receive a declaration, from a sponsor, or from a provider of advertising services acting on behalf of a sponsor, that advertising constitutes political advertising shall make best efforts to ensure that those declarations are made in accordance with paragraph 1 before the provision of the service.

Amendment 141

Amendment 141

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2

Article 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service
  specify how the relevant provisions of this Regulation are complied with
  . | 2.   Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service
  require the sponsor and where applicable providers of advertising services acting on behalf of the sponsor to provide the information necessary to comply with Articles 6(1), 7(1) and 7a(1), as appropriate
  . |
| | Sponsors shall ensure the accuracy of, and provide the information necessary to comply with Article 6(1), points (ca) and (d), Article 7(1), points (a), (b) and (ba), and Article 7a(1), points (a) and (b). |
| | Sponsors, or where applicable providers of advertising services acting on behalf of sponsors shall ensure the accuracy of, and provide the information necessary to comply with Article 6(1), points (a), (b), (ba), (c) and (da) and Article 7a(1), points (c), (d) and (e). |
| | Sponsors and providers of advertising services acting on behalf of sponsors shall provide that information in a timely, complete and accurate manner. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service
  specify how the relevant provisions of this Regulation are complied with
  .

2.   Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service
  require the sponsor and where applicable providers of advertising services acting on behalf of the sponsor to provide the information necessary to comply with Articles 6(1), 7(1) and 7a(1), as appropriate
  .

Sponsors shall ensure the accuracy of, and provide the information necessary to comply with Article 6(1), points (ca) and (d), Article 7(1), points (a), (b) and (ba), and Article 7a(1), points (a) and (b).

Sponsors shall ensure the accuracy of, and provide the information necessary to comply with Article 6(1), points (ca) and (d), Article 7(1), points (a), (b) and (ba), and Article 7a(1), points (a) and (b).

Sponsors, or where applicable providers of advertising services acting on behalf of sponsors shall ensure the accuracy of, and provide the information necessary to comply with Article 6(1), points (a), (b), (ba), (c) and (da) and Article 7a(1), points (c), (d) and (e).

Sponsors, or where applicable providers of advertising services acting on behalf of sponsors shall ensure the accuracy of, and provide the information necessary to comply with Article 6(1), points (a), (b), (ba), (c) and (da) and Article 7a(1), points (c), (d) and (e).

Sponsors and providers of advertising services acting on behalf of sponsors shall provide that information in a timely, complete and accurate manner.

Sponsors and providers of advertising services acting on behalf of sponsors shall provide that information in a timely, complete and accurate manner.

Amendment 142

Amendment 142

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2 a (new)

Article 5 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Providers of advertising services shall require sponsors, or providers of advertising services acting on behalf of sponsors, who submit a declaration or information in accordance with this Article that is manifestly erroneous to correct that declaration or that information. Sponsors, or providers of advertising services acting on behalf of sponsors, shall act upon such a request without undue delay. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Providers of advertising services shall require sponsors, or providers of advertising services acting on behalf of sponsors, who submit a declaration or information in accordance with this Article that is manifestly erroneous to correct that declaration or that information. Sponsors, or providers of advertising services acting on behalf of sponsors, shall act upon such a request without undue delay.

Amendment 143

Amendment 143

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2 b (new)

Article 5 — paragraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2b.
     
  Where applicable, providers of advertising services shall design and organise their online interface in a way that enables sponsors, and providers of advertising services acting on behalf of sponsors, to comply with their obligations as referred to in paragraph 1 of this Article and Article 6(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2b.
     
  Where applicable, providers of advertising services shall design and organise their online interface in a way that enables sponsors, and providers of advertising services acting on behalf of sponsors, to comply with their obligations as referred to in paragraph 1 of this Article and Article 6(1).

Amendment 144

Amendment 144

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2 c (new)

Article 5 — paragraph 2 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2c.
     
  Political advertising publishers that are also Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) shall diligently identify, analyse and assess any systemic risks that their political advertising services pose in the context of their risk assessments according to Article 34 of Regulation (EU) 2022/2065 (Digital Services Act) and put in place reasonable, proportionate and effective mitigation measures in accordance with Article 35 of Regulation (EU) 2022/2065 (Digital Services Act) to address these risks. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2c.
     
  Political advertising publishers that are also Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) shall diligently identify, analyse and assess any systemic risks that their political advertising services pose in the context of their risk assessments according to Article 34 of Regulation (EU) 2022/2065 (Digital Services Act) and put in place reasonable, proportionate and effective mitigation measures in accordance with Article 35 of Regulation (EU) 2022/2065 (Digital Services Act) to address these risks.

Amendment 145

Amendment 145

Proposal for a regulation

Proposal for a regulation

Article 5 a (new)

Article 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 5a |
| | Identification of a political advertisement |
| | For the purpose of determining whether a message constitutes a political advertising within the meaning of Article 2(2)(b), account shall be taken of all its features, and in particular the following: |
| | (a) | the content of the message; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 5a

Article 5a

Identification of a political advertisement

Identification of a political advertisement

For the purpose of determining whether a message constitutes a political advertising within the meaning of Article 2(2)(b), account shall be taken of all its features, and in particular the following:

For the purpose of determining whether a message constitutes a political advertising within the meaning of Article 2(2)(b), account shall be taken of all its features, and in particular the following:

(a)

(a)

the content of the message;

the content of the message;

| (b) | the sponsor of the message; |
| --- | --- |

(b)

(b)

the sponsor of the message;

the sponsor of the message;

| (c) | the spoken or written language used to convey the message; |
| --- | --- |

(c)

(c)

the spoken or written language used to convey the message;

the spoken or written language used to convey the message;

| (d) | the form of the message or the means by which the message is prapared, placed, promoted, published, delivered or disseminated; |
| --- | --- |

(d)

(d)

the form of the message or the means by which the message is prapared, placed, promoted, published, delivered or disseminated;

the form of the message or the means by which the message is prapared, placed, promoted, published, delivered or disseminated;

| (e) | the targeted audience; |
| --- | --- |

(e)

(e)

the targeted audience;

the targeted audience;

| (f) | the context in which the message is conveyed, including the period of dissemination such as election or referendum periods, or disseminaion of the message during and a legislative or regulatory process; |
| --- | --- |

(f)

(f)

the context in which the message is conveyed, including the period of dissemination such as election or referendum periods, or disseminaion of the message during and a legislative or regulatory process;

the context in which the message is conveyed, including the period of dissemination such as election or referendum periods, or disseminaion of the message during and a legislative or regulatory process;

| (g) | the objective of the message. |
| --- | --- |

(g)

(g)

the objective of the message.

the objective of the message.

The Commission shall draw up common guidance intended to contribute to the proper application of this Article.

The Commission shall draw up common guidance intended to contribute to the proper application of this Article.

Amendment 146

Amendment 146

Proposal for a regulation

Proposal for a regulation

Article 6 — title

Article 6 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Record-keeping and
  information
  transmission | Record-keeping and transmission
  of information to the political advertising publisher |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Record-keeping and
  information
  transmission

information

Record-keeping and transmission
  of information to the political advertising publisher

of information to the political advertising publisher

Amendment 147

Amendment 147

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — introductory part

Article 6 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Providers of political advertising services shall retain information they collect in the provision of their services, on the following: | 1.   Providers of political advertising services shall retain information they collect in the provision of their services,
  to the extent necessary to comply with this Regulation,
  on the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Providers of political advertising services shall retain information they collect in the provision of their services, on the following:

1.   Providers of political advertising services shall retain information they collect in the provision of their services,
  to the extent necessary to comply with this Regulation,
  on the following:

Amendment 148

Amendment 148

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point b

Article 6 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the specific service or services provided in connection
  to
  the political advertising; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the specific service or services provided in connection
  to
  the political advertising;

to

| (b) | the specific service or services
  that they
  provided in connection
  with
  the political advertising; |
| --- | --- |

(b)

the specific service or services
  that they
  provided in connection
  with
  the political advertising;

that they

with

Amendment 149

Amendment 149

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point b a (new)

Article 6 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the starting date and, where available, the period during which the service or services were provided; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the starting date and, where available, the period during which the service or services were provided;

the starting date and, where available, the period during which the service or services were provided;

Amendment 150

Amendment 150

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point c

Article 6 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the amounts they invoiced for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided;
  and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the amounts they invoiced for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided;
  and

and

| (c) | the amounts they invoiced for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided; |
| --- | --- |

(c)

the amounts they invoiced for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided;

Amendment 151

Amendment 151

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point c a (new)

Article 6 — paragraph 1 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | information on the public or private origin of those amounts and other benefits, as well as whether they originate from inside or outside of the Union; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

information on the public or private origin of those amounts and other benefits, as well as whether they originate from inside or outside of the Union;

information on the public or private origin of those amounts and other benefits, as well as whether they originate from inside or outside of the Union;

Amendment 152

Amendment 152

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point d

Article 6 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | where applicable, the identity
  of the sponsor and its
  contact details. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

where applicable, the identity
  of the sponsor and its
  contact details.

of the sponsor and its

| (d) | the identity of the sponsor of the political advertisement and its contact details and,
  where applicable, the identity
  and the
  contact details
  of the legal or natural person who ultimately controlls the sponsor, and for legal persons, the place of establishment; and |
| --- | --- |

(d)

the identity of the sponsor of the political advertisement and its contact details and,
  where applicable, the identity
  and the
  contact details
  of the legal or natural person who ultimately controlls the sponsor, and for legal persons, the place of establishment; and

the identity of the sponsor of the political advertisement and its contact details and,

and the

of the legal or natural person who ultimately controlls the sponsor, and for legal persons, the place of establishment; and

Amendment 153

Amendment 153

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point d a (new)

Article 6 — paragraph 1 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | where applicable, an indication of elections or referendums to which the political advertisement is linked. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

where applicable, an indication of elections or referendums to which the political advertisement is linked.

where applicable, an indication of elections or referendums to which the political advertisement is linked.

Amendment 154

Amendment 154

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 2

Article 6 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The information referred to in paragraph 1 shall be
  in writing and may be
  in electronic form. Such information shall be retained for a period of
  five
  years from the date of the last preparation, placement, publication or dissemination, as the case may be. | 2.   The information referred to in paragraph 1 shall be
  both in written and
  in electronic form. Such information shall be retained
  in a machine-readable format
  for a period of
  ten
  years from the date of the last preparation, placement,
  promotion,
  publication
  , delivery
  or dissemination, as the case may be. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The information referred to in paragraph 1 shall be
  in writing and may be
  in electronic form. Such information shall be retained for a period of
  five
  years from the date of the last preparation, placement, publication or dissemination, as the case may be.

2.   The information referred to in paragraph 1 shall be
  both in written and
  in electronic form. Such information shall be retained
  in a machine-readable format
  for a period of
  ten
  years from the date of the last preparation, placement,
  promotion,
  publication
  , delivery
  or dissemination, as the case may be.

Amendment 155

Amendment 155

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 3

Article 6 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation.
  That
  information
  shall be transmitted, in a timely
  and accurate
  manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible
  . | 3.   Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated
  in a timely and accurate manner
  to the political advertising publisher which will
  place, promote publish, deliver or
  disseminate the political advertisement
  , so as
  to enable political advertising publishers to comply with their obligations under this Regulation.
  Providers of political advertising services shall make reasonable efforts to ensure that the
  information
  retained pursuant to paragraph 1 is complete
  and accurate. |
| | When the political advertising publisher is the only provider of political advertising services, the sponsor shall communicate the relevant information to the political advertising publisher
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation.
  That
  information
  shall be transmitted, in a timely
  and accurate
  manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible
  .

3.   Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated
  in a timely and accurate manner
  to the political advertising publisher which will
  place, promote publish, deliver or
  disseminate the political advertisement
  , so as
  to enable political advertising publishers to comply with their obligations under this Regulation.
  Providers of political advertising services shall make reasonable efforts to ensure that the
  information
  retained pursuant to paragraph 1 is complete
  and accurate.

When the political advertising publisher is the only provider of political advertising services, the sponsor shall communicate the relevant information to the political advertising publisher
  .

When the political advertising publisher is the only provider of political advertising services, the sponsor shall communicate the relevant information to the political advertising publisher

Amendment 156

Amendment 156

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 3 a (new)

Article 6 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  When a provider of political advertising services provides a service, it shall also transmit to the relevant political advertising publisher the information retained pursuant to paragraph 1 in accordance with best practice and industry standards, where technically possible, by means of a standardised automated process. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  When a provider of political advertising services provides a service, it shall also transmit to the relevant political advertising publisher the information retained pursuant to paragraph 1 in accordance with best practice and industry standards, where technically possible, by means of a standardised automated process.

Amendment 157

Amendment 157

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 3 b (new)

Article 6 — paragraph 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3b.
     
  When providers of political advertising services become aware that information which they have transmitted to a political advertising publisher has been updated, they shall ensure that the updated information is communicated to the political advertising publisher. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3b.
     
  When providers of political advertising services become aware that information which they have transmitted to a political advertising publisher has been updated, they shall ensure that the updated information is communicated to the political advertising publisher.

Amendment 158

Amendment 158

Proposal for a regulation

Proposal for a regulation

Article 7 — title

Article 7 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Transparency
  requirements for
  each
  political
  advertisement | Labelling
  requirements for political
  advertisements |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Transparency
  requirements for
  each
  political
  advertisement

Transparency

each

advertisement

Labelling
  requirements for political
  advertisements

Labelling

advertisements

Amendment 159

Amendment 159

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — introductory part

Article 7 — paragraph 1 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1. | In the context of the provision of
  political advertising
  services, each
  political advertisement
  shall be made available with
  the following information
  in a clear, salient and unambiguous way
  : |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.

In the context of the provision of
  political advertising
  services, each
  political advertisement
  shall be made available with
  the following information
  in a clear, salient and unambiguous way
  :

In the context of the provision of

services, each

shall be made available with

in a clear, salient and unambiguous way

| 1. | Political advertising
  publishers shall ensure that every
  political advertisement
  contains
  the following information: |
| --- | --- |

1.

Political advertising
  publishers shall ensure that every
  political advertisement
  contains
  the following information:

publishers shall ensure that every

contains

Amendment 160

Amendment 160

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — point a

Article 7 — paragraph 1 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | a statement
  to the effect
  that it is a political advertisement; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

a statement
  to the effect
  that it is a political advertisement;

to the effect

| (a) | a
  clear
  statement that it is a political advertisement; |
| --- | --- |

(a)

a
  clear
  statement that it is a political advertisement;

clear

Amendment 161

Amendment 161

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — point b

Article 7 — paragraph 1 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the identity of the sponsor of the political advertisement and the entity ultimately controlling the sponsor; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the identity of the sponsor of the political advertisement and the entity ultimately controlling the sponsor;

| (b) | the identity of the sponsor of the political advertisement and
  , where applicable,
  the entity
  or person
  ultimately controlling
  or financing
  the sponsor; |
| --- | --- |

(b)

the identity of the sponsor of the political advertisement and
  , where applicable,
  the entity
  or person
  ultimately controlling
  or financing
  the sponsor;

, where applicable,

or person

or financing

Amendment 162

Amendment 162

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — point b a (new)

Article 7 — paragraph 1 — subparagraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | where applicable, the election, referendum, legislative or regulatory process to which the political advertisement is linked. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

where applicable, the election, referendum, legislative or regulatory process to which the political advertisement is linked.

where applicable, the election, referendum, legislative or regulatory process to which the political advertisement is linked.

Amendment 163

Amendment 163

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — point c

Article 7 — paragraph 1 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or
  a clear indication of where
  it
  can be easily retrieved. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or
  a clear indication of where
  it
  can be easily retrieved.

a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or

it

| (c) | a clear indication of where
  a permanent copy of the transparency notice containing the information referred to in Article 7a
  can be easily
  and directly
  retrieved
  , and, where necessary and possible, an update of that indication; |
| --- | --- |

(c)

a clear indication of where
  a permanent copy of the transparency notice containing the information referred to in Article 7a
  can be easily
  and directly
  retrieved
  , and, where necessary and possible, an update of that indication;

a permanent copy of the transparency notice containing the information referred to in Article 7a

and directly

, and, where necessary and possible, an update of that indication;

Amendment 164

Amendment 164

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 a (new)

Article 7 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Political advertising publishers shall ensure the completeness of information referred to in paragraphs 1a, 1b, 1ba, and 1c and the accuracy of information referred to in paragraph 1c. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Political advertising publishers shall ensure the completeness of information referred to in paragraphs 1a, 1b, 1ba, and 1c and the accuracy of information referred to in paragraph 1c.

Political advertising publishers shall ensure the completeness of information referred to in paragraphs 1a, 1b, 1ba, and 1c and the accuracy of information referred to in paragraph 1c.

Amendment 165

Amendment 165

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 2

Article 7 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| In this regard, political advertising publishers shall use efficient and prominent marking and labelling techniques that allow the political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event a political advertisement is further disseminated. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In this regard, political advertising publishers shall use efficient and prominent marking and labelling techniques that allow the political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event a political advertisement is further disseminated.

In this regard, political advertising publishers shall use efficient and prominent marking and labelling techniques that allow the political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event a political advertisement is further disseminated.

deleted

deleted

Amendment 166

Amendment 166

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 a (new)

Article 7 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The information referred to in points (a) to (c) of paragraph 1 shall be made available in the form of labels. |
| | Those labels shall be prominent, enable individuals to easily identify a political advertisiment as such and remain in place in the event that the political advertisement is further disseminated. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  The information referred to in points (a) to (c) of paragraph 1 shall be made available in the form of labels.

Those labels shall be prominent, enable individuals to easily identify a political advertisiment as such and remain in place in the event that the political advertisement is further disseminated.

Those labels shall be prominent, enable individuals to easily identify a political advertisiment as such and remain in place in the event that the political advertisement is further disseminated.

Amendment 167

Amendment 167

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 b (new)

Article 7 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  By [12 months after the entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement paragraph 1a of this Article establishing standardised and efficient techniques for labelling of political advertising including for the audiovisual sector, printed media, online and offline advertising, taking into account the particular characteristics of the medium in which it is published. |
| | When adopting those delegated acts, the Commission shall take account of the latest technological and market developments, relevant scientific research and best practices. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1b.
     
  By [12 months after the entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement paragraph 1a of this Article establishing standardised and efficient techniques for labelling of political advertising including for the audiovisual sector, printed media, online and offline advertising, taking into account the particular characteristics of the medium in which it is published.

When adopting those delegated acts, the Commission shall take account of the latest technological and market developments, relevant scientific research and best practices.

When adopting those delegated acts, the Commission shall take account of the latest technological and market developments, relevant scientific research and best practices.

Amendment 168

Amendment 168

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 c (new)

Article 7 — paragraph 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1c.
     
  In order to ensure uniform conditions for the implementation of paragraphs 1 and 1a of this Article, the Commission shall adopt implementing acts establishing uniform labels. |
| | Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19a(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1c.
     
  In order to ensure uniform conditions for the implementation of paragraphs 1 and 1a of this Article, the Commission shall adopt implementing acts establishing uniform labels.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19a(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19a(2).

Amendment 169

Amendment 169

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2

Article 7 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  The transparency notice shall be included in each political advertisement or be easily retrievable from it, and shall include the following information: | deleted |
| (a) | the identity of the sponsor and contact details; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.
     
  The transparency notice shall be included in each political advertisement or be easily retrievable from it, and shall include the following information:

deleted

deleted

(a)

(a)

the identity of the sponsor and contact details;

the identity of the sponsor and contact details;

| (b) | the period during which the political advertisement is intended to be published and disseminated; |
| --- | --- |

(b)

(b)

the period during which the political advertisement is intended to be published and disseminated;

the period during which the political advertisement is intended to be published and disseminated;

| (c) | based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources; |
| --- | --- |

(c)

(c)

based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources;

based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources;

| (d) | where applicable, an indication of elections or referendums with which the advertisement is linked; |
| --- | --- |

(d)

(d)

where applicable, an indication of elections or referendums with which the advertisement is linked;

where applicable, an indication of elections or referendums with which the advertisement is linked;

| (e) | where applicable, links to online repositories of advertisements; |
| --- | --- |

(e)

(e)

where applicable, links to online repositories of advertisements;

where applicable, links to online repositories of advertisements;

| (f) | information on how to use the mechanisms provided for in Article 9(1). |
| --- | --- |

(f)

(f)

information on how to use the mechanisms provided for in Article 9(1).

information on how to use the mechanisms provided for in Article 9(1).

| (g) | The information to be included in the transparency notice shall be provided using the specific data fields set out in Annex I. |
| --- | --- |

(g)

(g)

The information to be included in the transparency notice shall be provided using the specific data fields set out in Annex I.

The information to be included in the transparency notice shall be provided using the specific data fields set out in Annex I.

Amendment 170

Amendment 170

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 3

Article 7 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.
     
  Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.
     
  Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement.

deleted

deleted

Amendment 171

Amendment 171

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 4

Article 7 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.
     
  Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.
     
  Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication.

deleted

deleted

Amendment 172

Amendment 172

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 5

Article 7 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.
     
  Political advertising publishers shall retain their transparency notices together with any modifications for a period of five years after the end of the period referred to in paragraph 4. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.
     
  Political advertising publishers shall retain their transparency notices together with any modifications for a period of five years after the end of the period referred to in paragraph 4.

deleted

deleted

Amendment 173

Amendment 173

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 6

Article 7 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.
     
  Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.
     
  Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2.

deleted

deleted

Amendment 174

Amendment 174

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 7

Article 7 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.
     
  Member States, including competent authorities, and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.
     
  Member States, including competent authorities, and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU.

deleted

deleted

Amendment 175

Amendment 175

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 8

Article 7 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood.

deleted

deleted

Amendment 176

Amendment 176

Proposal for a regulation

Proposal for a regulation

Article 7 a (new)

Article 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 7a |
| | Transparency notices |
| | 1.
     
  The transparency notice referred to in Article 7(1)(c) shall be made available by the political advertising publishers and shall include the following information: |
| | (a) | the identity, the address or the place of establishment and contact details of the sponsor; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 7a

Article 7a

Transparency notices

Transparency notices

1.
     
  The transparency notice referred to in Article 7(1)(c) shall be made available by the political advertising publishers and shall include the following information:

(a)

(a)

the identity, the address or the place of establishment and contact details of the sponsor;

the identity, the address or the place of establishment and contact details of the sponsor;

| (b) | where applicable, the identity of the person or entity ultimately financing or otherwise controlling the sponsor, their address, or place of establishment and contact details; |
| --- | --- |

(b)

(b)

where applicable, the identity of the person or entity ultimately financing or otherwise controlling the sponsor, their address, or place of establishment and contact details;

where applicable, the identity of the person or entity ultimately financing or otherwise controlling the sponsor, their address, or place of establishment and contact details;

| (c) | the period during which the political advertisement is intended to be published and disseminated; |
| --- | --- |

(c)

(c)

the period during which the political advertisement is intended to be published and disseminated;

the period during which the political advertisement is intended to be published and disseminated;

| (d) | the aggregated amounts spent or other benefits received by the providers of political advertising services including those received by the publisher in part or full exchange for the preparation, placement, promotion, publication, delivery and dissemination of the relevant advertisement, and where relevant of the political advertising campaign, and the origin of the amounts and other benefits; |
| --- | --- |

(d)

(d)

the aggregated amounts spent or other benefits received by the providers of political advertising services including those received by the publisher in part or full exchange for the preparation, placement, promotion, publication, delivery and dissemination of the relevant advertisement, and where relevant of the political advertising campaign, and the origin of the amounts and other benefits;

the aggregated amounts spent or other benefits received by the providers of political advertising services including those received by the publisher in part or full exchange for the preparation, placement, promotion, publication, delivery and dissemination of the relevant advertisement, and where relevant of the political advertising campaign, and the origin of the amounts and other benefits;

| (e) | where applicable, an indication of the elections, referendums, and legislative or regulatory processes with which the advertisement is linked; |
| --- | --- |

(e)

(e)

where applicable, an indication of the elections, referendums, and legislative or regulatory processes with which the advertisement is linked;

where applicable, an indication of the elections, referendums, and legislative or regulatory processes with which the advertisement is linked;

| (f) | how to use the mechanisms provided for in Article 9(1); |
| --- | --- |

(f)

(f)

how to use the mechanisms provided for in Article 9(1);

how to use the mechanisms provided for in Article 9(1);

| (g) | whether the advertisement has been suspended or discontinued due to violation of this Regulation; |
| --- | --- |

(g)

(g)

whether the advertisement has been suspended or discontinued due to violation of this Regulation;

whether the advertisement has been suspended or discontinued due to violation of this Regulation;

| (h) | where applicable, a statement to the effect that the political advertisement has been targeted based on the use of personal data; |
| --- | --- |

(h)

(h)

where applicable, a statement to the effect that the political advertisement has been targeted based on the use of personal data;

where applicable, a statement to the effect that the political advertisement has been targeted based on the use of personal data;

| (i) | where applicable, the specific groups of individuals targeted; |
| --- | --- |

(i)

(i)

where applicable, the specific groups of individuals targeted;

where applicable, the specific groups of individuals targeted;

| (j) | where applicable, the categories and sources of personal data used for the targeting; |
| --- | --- |

(j)

(j)

where applicable, the categories and sources of personal data used for the targeting;

where applicable, the categories and sources of personal data used for the targeting;

| (k) | where applicable, the reach of political message the number of views, and engagements with the advertisement. |
| --- | --- |

(k)

(k)

where applicable, the reach of political message the number of views, and engagements with the advertisement.

where applicable, the reach of political message the number of views, and engagements with the advertisement.

The information to be included in the transparency notice shall be provided using the specific data fields set out in Annex I.

The information to be included in the transparency notice shall be provided using the specific data fields set out in Annex I.

2.
     
  Sponsors shall ensure the accuracy of the information, which they are required to provide for the purposes of paragraph 1, points (a) and (b) before and during the period of publication, delivery, or dissemination of the political advertisement.

Sponsors or, where applicable, providers of political advertising services acting on behalf of sponsors shall ensure the accuracy of the information, which they are required to provide for the purposes of paragraph 1, points (c), (d) and (e) before and during the period of publication, delivery, or dissemination of the political advertisement.

Sponsors or, where applicable, providers of political advertising services acting on behalf of sponsors shall ensure the accuracy of the information, which they are required to provide for the purposes of paragraph 1, points (c), (d) and (e) before and during the period of publication, delivery, or dissemination of the political advertisement.

Political advertising publishers shall ensure the accuracy of the information, which they are required to provide for the purposes of paragraph 1, points (g) to (l) before and during the period of publication, delivery, or dissemination of the political advertisement.

Political advertising publishers shall ensure the accuracy of the information, which they are required to provide for the purposes of paragraph 1, points (g) to (l) before and during the period of publication, delivery, or dissemination of the political advertisement.

Political advertising publishers shall ensure that the information referred to in paragraph 1 is complete.

Political advertising publishers shall ensure that the information referred to in paragraph 1 is complete.

Where the sponsor or the provider of political advertising services becomes aware that any information transmitted to or published by the political advertising publisher is incomplete or inaccurate, it shall contact, without undue delay, the political advertising publisher concerned and shall transmit complete or accurate information to that political advertising publisher.

Where the sponsor or the provider of political advertising services becomes aware that any information transmitted to or published by the political advertising publisher is incomplete or inaccurate, it shall contact, without undue delay, the political advertising publisher concerned and shall transmit complete or accurate information to that political advertising publisher.

Where the political advertising publisher becomes aware that the information referred to in Article 7(1) and paragraph 1 of this Article is incomplete or inaccurate, it shall make best efforts, including by contacting the sponsor or the providers of political advertising services to complete or correct the information without undue delay.

Where the political advertising publisher becomes aware that the information referred to in Article 7(1) and paragraph 1 of this Article is incomplete or inaccurate, it shall make best efforts, including by contacting the sponsor or the providers of political advertising services to complete or correct the information without undue delay.

Where the information cannot be completed or corrected, the political advertising publisher shall not make available the political advertisement, or shall without undue delay discontinue the placement, promotion, publication, delivery or dissemination of the political advertisement.

Where the information cannot be completed or corrected, the political advertising publisher shall not make available the political advertisement, or shall without undue delay discontinue the placement, promotion, publication, delivery or dissemination of the political advertisement.

The political advertising publisher shall inform without undue delay the sponsors or the providers of political advertising services concerned about any decisions taken in connection with the seventh subparagraph of this paragraph.

The political advertising publisher shall inform without undue delay the sponsors or the providers of political advertising services concerned about any decisions taken in connection with the seventh subparagraph of this paragraph.

3.
     
  Transparency notices shall be easily retrievable at all times during the period from their first publication until their withdrawal.

Transparency notices shall be kept up to date, presented in a format which is easily accessible and available in a machine readable format. They shall be written in the language of the political advertisement. Political advertising publishers who offer services in the Union shall ensure that transparency notices comply with the accessibility requirements set out in Directive (EU) 2019/882.

Transparency notices shall be kept up to date, presented in a format which is easily accessible and available in a machine readable format. They shall be written in the language of the political advertisement. Political advertising publishers who offer services in the Union shall ensure that transparency notices comply with the accessibility requirements set out in Directive (EU) 2019/882.

Transparency notices shall be user friendly, including through the use of plain language.

Transparency notices shall be user friendly, including through the use of plain language.

4.
     
  Political advertising publishers shall keep their transparency notices along with any modifications thereto for a period of ten years after the last publication.

5.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I in the light of technological developments, relevant scientific research, market practices, supervisory practices of competent authorities and relevant guidance issued by competent bodies.

6.
     
  By ... (12 moths after the entry into force of this Regulation), the Commission shall adopt delegated acts in accordance with Article 19 to supplement the information requirements provided for in paragraph 1 of this Article by establishing technical specifications adapted to the audiovisual sector, printed media, online and offline advertising and in particular that take into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises within the meaning of Article 3 of Directive 2013/34/EU.

Amendment 177

Amendment 177

Proposal for a regulation

Proposal for a regulation

Article 7 b (new)

Article 7 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 7b |
| | European repository for online political advertisements |
| | 1.
     
  The Commission shall establish and ensure the management of a public repository for all online political advertisements. This repository shall ensure: |
| | (a) | the hosting of a database containing each online political advertisement, together with the information required under Article 7a(1) in respect of each online political advertisments for political advertising publishers that are not VLOPs or VLOSEs and that make political advertising available through an online service; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 7b

Article 7b

European repository for online political advertisements

European repository for online political advertisements

1.
     
  The Commission shall establish and ensure the management of a public repository for all online political advertisements. This repository shall ensure:

(a)

(a)

the hosting of a database containing each online political advertisement, together with the information required under Article 7a(1) in respect of each online political advertisments for political advertising publishers that are not VLOPs or VLOSEs and that make political advertising available through an online service;

the hosting of a database containing each online political advertisement, together with the information required under Article 7a(1) in respect of each online political advertisments for political advertising publishers that are not VLOPs or VLOSEs and that make political advertising available through an online service;

| (b) | that every online political advertisement, together with the information required under Article 7a(1), in respect of each online political advertisement can be publicly accessed. |
| --- | --- |

(b)

(b)

that every online political advertisement, together with the information required under Article 7a(1), in respect of each online political advertisement can be publicly accessed.

that every online political advertisement, together with the information required under Article 7a(1), in respect of each online political advertisement can be publicly accessed.

A common data structure, common standards and a common application programming interface for the exchange of information with publishers, shall apply. The information shall be available in machine readable format, shall allow for multicriteria queries and shall be publicly accessible via a single portal.

A common data structure, common standards and a common application programming interface for the exchange of information with publishers, shall apply. The information shall be available in machine readable format, shall allow for multicriteria queries and shall be publicly accessible via a single portal.

2.
     
  Political advertising publishers that are VLOPs or VLOSEs shall make in real time the information required under Article 7a(1) available in the repositories provided pursuant Article 39 of Regulation (EU) 2022/2065 (Digital Services Act), and publicly accessible through the European repository for online political advertisements, and shall update that information, as necessary.

3.
     
  Where a provider of very large online platform or of very large online search engine has removed or disabled access to a specific political advertisement based on alleged illegality or incompatibility with its terms and conditions, in addition to the requirements of Article 39(3) of Regulation (EU) 2022/2065 (Digital Services Act), the repository shall include for the specific advertisement concerned, the information required by Article 7a(1) of this Regulation.

4.
     
  Political advertising publishers that are not VLOPs or VLOSEs and that make political advertising available through an online service shall make the information required under Article 7a(1) available, together with a copy of each online political advertisement in the European repository for online political advertisements, without delay and no later than 24 hours after its first publication.

5.
     
  Where political advertising publishers that are not VLOPs or VLOSEs and that make political advertising available through an online service have removed or disabled access to a specific political advertisement based on alleged illegality or incompatibility with its terms and conditions, the European repository for online political advertisiments shall include for the specific advertisiment concerned, the information referred to in Article 17(3), points (a) to (e), or Article 9(2), point (a)(i) of Regulation (EU) 2022/2065 (Digital Services Act), as applicable, and the information required by Article 7a(1) of this Regulation.

6.
     
  By ... [12 months after the entry into force of this Regulation], the Commission, in consultation with relevant stakeholders and in light of technological, market and scientific developments, shall adopt delegated acts in accordance with Article 19 to supplement paragraph 1 of this Article by setting out detailed arrangements for the provision of a common data structure and standards, a common application programming interface, and a single portal.

When adopting those delegated acts, the Commission shall aim to achieve the following objectives:

When adopting those delegated acts, the Commission shall aim to achieve the following objectives:

| (a) | to enable the information provided by political advertising publishers according to paragraphs 1 to 3 to be publicly accessed together via a single European repository for online political advertisments; |
| --- | --- |

(a)

(a)

to enable the information provided by political advertising publishers according to paragraphs 1 to 3 to be publicly accessed together via a single European repository for online political advertisments;

to enable the information provided by political advertising publishers according to paragraphs 1 to 3 to be publicly accessed together via a single European repository for online political advertisments;

| (b) | to enable sponsors and providers of political advertising services to communicate to the political advertising publisher, by automated means, the information required under Article 7a (1) for every online political advertisement; |
| --- | --- |

(b)

(b)

to enable sponsors and providers of political advertising services to communicate to the political advertising publisher, by automated means, the information required under Article 7a (1) for every online political advertisement;

to enable sponsors and providers of political advertising services to communicate to the political advertising publisher, by automated means, the information required under Article 7a (1) for every online political advertisement;

| (c) | to enable the political advertising publishers to make available online, and via a common data structure and common standards, the information required under Article 7a(1) as a transparency notice; |
| --- | --- |

(c)

(c)

to enable the political advertising publishers to make available online, and via a common data structure and common standards, the information required under Article 7a(1) as a transparency notice;

to enable the political advertising publishers to make available online, and via a common data structure and common standards, the information required under Article 7a(1) as a transparency notice;

| (d) | to allow easy public access to online transparency notices, through the use of a common application programming interface that would enable the notices to be accessed and the relevant databases to be queried; |
| --- | --- |

(d)

(d)

to allow easy public access to online transparency notices, through the use of a common application programming interface that would enable the notices to be accessed and the relevant databases to be queried;

to allow easy public access to online transparency notices, through the use of a common application programming interface that would enable the notices to be accessed and the relevant databases to be queried;

| (e) | to support third-party and public access to transparency notices, including by enabling analysis of online transparency notices and their presentation through user-friendly single portal and search services. |
| --- | --- |

(e)

(e)

to support third-party and public access to transparency notices, including by enabling analysis of online transparency notices and their presentation through user-friendly single portal and search services.

to support third-party and public access to transparency notices, including by enabling analysis of online transparency notices and their presentation through user-friendly single portal and search services.

Amendment 178

Amendment 178

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1

Article 8 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  Where they provide
  political
  advertising services,
  advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and
  amplification
  techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU
  in their annual financial statements
  . | 1.   Political advertising publishers shall include information
  provided to them directly by sponsors or by providers of political advertising services
  on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and
  ad delivery
  techniques, aggregated by campaign, as part of
  a separate note to
  their management report within the meaning of Article 19 of Directive 2013/34/EU. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   
  Where they provide
  political
  advertising services,
  advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and
  amplification
  techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU
  in their annual financial statements
  .

1.   Political advertising publishers shall include information
  provided to them directly by sponsors or by providers of political advertising services
  on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and
  ad delivery
  techniques, aggregated by campaign, as part of
  a separate note to
  their management report within the meaning of Article 19 of Directive 2013/34/EU.

Amendment 179

Amendment 179

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 2

Article 8 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Paragraph 1 shall not apply to
  undertakings qualifying under
  Article
  3(3)
  of Directive 2013/34/EU. | 2.   Paragraph 1 shall not apply to
  micro, small and medium-sized enterprises within the meaning of
  Article
  3
  of Directive 2013/34/EU. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Paragraph 1 shall not apply to
  undertakings qualifying under
  Article
  3(3)
  of Directive 2013/34/EU.

2.   Paragraph 1 shall not apply to
  micro, small and medium-sized enterprises within the meaning of
  Article
  3
  of Directive 2013/34/EU.

Amendment 180

Amendment 180

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 2 a (new)

Article 8 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Providers of political advertising services shall, in accordance with national law, regularly report on the amounts or the value of other benefits received in part or full exchange for those services to the national competent authorities responsible for the auditing or supervision of political actors. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Providers of political advertising services shall, in accordance with national law, regularly report on the amounts or the value of other benefits received in part or full exchange for those services to the national competent authorities responsible for the auditing or supervision of political actors.

Amendment 181

Amendment 181

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1

Article 9 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable
  individuals
  to notify them
  , free of charge,
  that a particular advertisement which they have published does not comply with this Regulation. | 1.   Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable
  natural or legal persons
  to notify them that a particular advertisement which they have published does not comply with this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable
  individuals
  to notify them
  , free of charge,
  that a particular advertisement which they have published does not comply with this Regulation.

1.   Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable
  natural or legal persons
  to notify them that a particular advertisement which they have published does not comply with this Regulation.

Amendment 182

Amendment 182

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1 a (new)

Article 9 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Those mechanisms shall be free of charge, user-friendly, and easy to access, including from the transparency notice. Where technically possible, those mechanisms shall allow notifications to be submitted by electronic means. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Those mechanisms shall be free of charge, user-friendly, and easy to access, including from the transparency notice. Where technically possible, those mechanisms shall allow notifications to be submitted by electronic means.

Amendment 183

Amendment 183

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2

Article 9 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including from the transparency notice. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.
     
  Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including from the transparency notice.

deleted

deleted

Amendment 184

Amendment 184

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2 a (new)

Article 9 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The mechanisms referred to in paragraph 1 shall facilitate the submission of precise and substantiated notifications so that political advertising publishers are able to identify the unlawfulness of the advertisements in question. To that end, advertising publishers shall take the necessary measures to enable and facilitate the submission of notifications containing all of the following elements: |
| | (a) | a substantiated explanation of the reasons why the person or entity submitting the notification alleges that the advertisement in question does not comply with this Regulation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  The mechanisms referred to in paragraph 1 shall facilitate the submission of precise and substantiated notifications so that political advertising publishers are able to identify the unlawfulness of the advertisements in question. To that end, advertising publishers shall take the necessary measures to enable and facilitate the submission of notifications containing all of the following elements:

(a)

(a)

a substantiated explanation of the reasons why the person or entity submitting the notification alleges that the advertisement in question does not comply with this Regulation;

a substantiated explanation of the reasons why the person or entity submitting the notification alleges that the advertisement in question does not comply with this Regulation;

| (b) | information enabling the identification of the political advertisement; |
| --- | --- |

(b)

(b)

information enabling the identification of the political advertisement;

information enabling the identification of the political advertisement;

| (c) | the name and email address of the individual or entity submitting the notification; |
| --- | --- |

(c)

(c)

the name and email address of the individual or entity submitting the notification;

the name and email address of the individual or entity submitting the notification;

| (d) | a statement confirming that the person or entity submitting the notification believes in good faith that information contained therein is complete and accurate. |
| --- | --- |

(d)

(d)

a statement confirming that the person or entity submitting the notification believes in good faith that information contained therein is complete and accurate.

a statement confirming that the person or entity submitting the notification believes in good faith that information contained therein is complete and accurate.

Amendment 185

Amendment 185

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3

Article 9 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Political advertising publishers shall
  allow for the submission
  of the
  information referred to in paragraph 1 by electronic means. The
  political advertising
  publisher shall inform individuals
  of the
  follow up
  given to the notification
  as referred to in paragraph 1
  . | 3.   Political advertising publishers shall
  send without undue delay a confirmation of receipt
  of the
  notification to persons who submitted it. |
| | Political advertising publishers shall examine and address the notification in timely, diligent and objective manner. |
| | Political advertising publishers shall inform without undue delay the sponsors or providers of
  political advertising
  services concerned,
  of the
  effect
  given to the notification. |
| | Political advertising publishers shall provide clear and user-friendly information on the possibilities for redress in respect of the advertisement to which the notification relates and, where applicable, on the use of automated means for the processing of notifications
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Political advertising publishers shall
  allow for the submission
  of the
  information referred to in paragraph 1 by electronic means. The
  political advertising
  publisher shall inform individuals
  of the
  follow up
  given to the notification
  as referred to in paragraph 1
  .

3.   Political advertising publishers shall
  send without undue delay a confirmation of receipt
  of the
  notification to persons who submitted it.

Political advertising publishers shall examine and address the notification in timely, diligent and objective manner.

Political advertising publishers shall examine and address the notification in timely, diligent and objective manner.

Political advertising publishers shall inform without undue delay the sponsors or providers of
  political advertising
  services concerned,
  of the
  effect
  given to the notification.

Political advertising publishers shall inform without undue delay the sponsors or providers of

services concerned,

effect

Political advertising publishers shall provide clear and user-friendly information on the possibilities for redress in respect of the advertisement to which the notification relates and, where applicable, on the use of automated means for the processing of notifications
  .

Political advertising publishers shall provide clear and user-friendly information on the possibilities for redress in respect of the advertisement to which the notification relates and, where applicable, on the use of automated means for the processing of notifications

Amendment 186

Amendment 186

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3 a (new)

Article 9 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  In the month preceeding an election or a referendum, political advertising publishers shall process without undue delay and no later than 48 hours any notification that they receive about an advertisement linked to that election or referendum. Political advertising publishers that are micro and small enterprises within the meaning of Article 3 of Directive 2013/34/EU shall process without undue delay any notification that they receive about advertisement linked to that election or referendum. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  In the month preceeding an election or a referendum, political advertising publishers shall process without undue delay and no later than 48 hours any notification that they receive about an advertisement linked to that election or referendum. Political advertising publishers that are micro and small enterprises within the meaning of Article 3 of Directive 2013/34/EU shall process without undue delay any notification that they receive about advertisement linked to that election or referendum.

Amendment 187

Amendment 187

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4

Article 9 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively, including by reference to an announcement on the website of the political advertising publisher concerned. | 4.   Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively
  by making use of automated tools
  , including by reference to an announcement on the website of the political advertising publisher concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively, including by reference to an announcement on the website of the political advertising publisher concerned.

4.   Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively
  by making use of automated tools
  , including by reference to an announcement on the website of the political advertising publisher concerned.

Amendment 188

Amendment 188

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4 a (new)

Article 9 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  The Commission shall adopt delegated acts in accordance with Article 19 to supplement paragraph 1 of this Article by establishing technical specifications for the mechanism referred to in that paragraph, adapted for the audiovisual sector, printed media, online and offline advertising. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  The Commission shall adopt delegated acts in accordance with Article 19 to supplement paragraph 1 of this Article by establishing technical specifications for the mechanism referred to in that paragraph, adapted for the audiovisual sector, printed media, online and offline advertising.

Amendment 189

Amendment 189

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1 — subparagraph 1

Article 10 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Competent national authorities shall have the power to request that a provider of political advertising services
  transmits
  the information referred to in Articles 6, 7 and 8. The transmitted information
  must
  be complete, accurate and trustworthy, and provided in a clear, coherent, consolidated and intelligible format. Where technically possible, the information shall be transmitted in a machine readable format. | Competent national authorities shall have the power to request that a provider of political advertising services
  transmit
  the information referred to in Articles 6, 7
  , 7a
  and 8. The transmitted information
  shall
  be complete, accurate and trustworthy, and
  shall be
  provided in a clear, coherent, consolidated and intelligible format. Where technically possible, the information shall be transmitted in a 
  standardised and
  machine readable format. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Competent national authorities shall have the power to request that a provider of political advertising services
  transmits
  the information referred to in Articles 6, 7 and 8. The transmitted information
  must
  be complete, accurate and trustworthy, and provided in a clear, coherent, consolidated and intelligible format. Where technically possible, the information shall be transmitted in a machine readable format.

transmits

must

Competent national authorities shall have the power to request that a provider of political advertising services
  transmit
  the information referred to in Articles 6, 7
  , 7a
  and 8. The transmitted information
  shall
  be complete, accurate and trustworthy, and
  shall be
  provided in a clear, coherent, consolidated and intelligible format. Where technically possible, the information shall be transmitted in a 
  standardised and
  machine readable format.

transmit

, 7a

shall

shall be

standardised and

Amendment 190

Amendment 190

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1 — subparagraph 2 — point a

Article 10 — paragraph 1 — subparagraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | a statement of reasons explaining the objective for which the information is requested
  and why the request is necessary and proportionate
  , unless the request pursues the objective of the prevention, investigation, detection and prosecution of criminal offences and to the extent that the reasons for the request would jeopardise that objective; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

a statement of reasons explaining the objective for which the information is requested
  and why the request is necessary and proportionate
  , unless the request pursues the objective of the prevention, investigation, detection and prosecution of criminal offences and to the extent that the reasons for the request would jeopardise that objective;

and why the request is necessary and proportionate

| (a) | a
  brief
  statement of reasons explaining the objective for which the information is requested, unless the request pursues the objective of the prevention, investigation, detection and prosecution of criminal offences and to the extent that the reasons for the request would jeopardise that objective; |
| --- | --- |

(a)

a
  brief
  statement of reasons explaining the objective for which the information is requested, unless the request pursues the objective of the prevention, investigation, detection and prosecution of criminal offences and to the extent that the reasons for the request would jeopardise that objective;

brief

Amendment 191

Amendment 191

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2

Article 10 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within two working days, acknowledge receipt of that request and inform the authority of the steps taken to comply with it. The relevant service provider shall provide the requested information within
  ten
  working days. | 2.   Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within two working days, acknowledge receipt of that request and inform the authority of the steps taken to comply with it. The relevant service provider shall provide the requested information within
  eight
  working days. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within two working days, acknowledge receipt of that request and inform the authority of the steps taken to comply with it. The relevant service provider shall provide the requested information within
  ten
  working days.

2.   Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within two working days, acknowledge receipt of that request and inform the authority of the steps taken to comply with it. The relevant service provider shall provide the requested information within
  eight
  working days.

Amendment 192

Amendment 192

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 3 a (new)

Article 10 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  In the month preceding an election or a referendum, providers of political advertising services shall provide the requested information referred to in Articles 6, 7 and 8 that is under their control without undue delay and no later than 48 hours. Providers of political advertising services that are micro and small enterprises within the meaning of Article 3 of Directive 2013/34/EU shall provide the requested information without undue delay. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  In the month preceding an election or a referendum, providers of political advertising services shall provide the requested information referred to in Articles 6, 7 and 8 that is under their control without undue delay and no later than 48 hours. Providers of political advertising services that are micro and small enterprises within the meaning of Article 3 of Directive 2013/34/EU shall provide the requested information without undue delay.

Amendment 193

Amendment 193

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1 — subparagraph 1

Article 11 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Providers of political advertising services shall
  take the appropriate measures to
  transmit the information referred to in
  Article 6
  to interested entities upon request
  and
  without costs. | roviders of political advertising services shall transmit the information referred to in
  Articles 6, 7 and 7a
  to interested entities
  promptly
  upon request, without costs
  and where technically possible in a machine readable format
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Providers of political advertising services shall
  take the appropriate measures to
  transmit the information referred to in
  Article 6
  to interested entities upon request
  and
  without costs.

take the appropriate measures to

Article 6

and

roviders of political advertising services shall transmit the information referred to in
  Articles 6, 7 and 7a
  to interested entities
  promptly
  upon request, without costs
  and where technically possible in a machine readable format
  .

Articles 6, 7 and 7a

promptly

and where technically possible in a machine readable format

Amendment 194

Amendment 194

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1 — subparagraph 2

Article 11 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where the provider of political advertising services is a political advertising publisher, it shall also take the appropriate measures to transmit the information referred to in Article 7 to interested entities upon request and without costs. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where the provider of political advertising services is a political advertising publisher, it shall also take the appropriate measures to transmit the information referred to in Article 7 to interested entities upon request and without costs.

Where the provider of political advertising services is a political advertising publisher, it shall also take the appropriate measures to transmit the information referred to in Article 7 to interested entities upon request and without costs.

deleted

deleted

Amendment 195

Amendment 195

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2 — subparagraph 1 — point a

Article 11 — paragraph 2 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | vetted researchers in accordance with Article
  31
  of Regulation (EU)
  2021/xxx [
  Digital Services Act]; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

vetted researchers in accordance with Article
  31
  of Regulation (EU)
  2021/xxx [
  Digital Services Act];

31

2021/xxx [

| (a) | vetted researchers in accordance with Article
  40
  of Regulation (EU)
  2022/2065 (
  Digital Services Act); |
| --- | --- |

(a)

vetted researchers in accordance with Article
  40
  of Regulation (EU)
  2022/2065 (
  Digital Services Act);

40

2022/2065 (

Amendment 196

Amendment 196

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2 — subparagraph 1 — point d a (new)

Article 11 — paragraph 2 — subparagraph 1 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | journalists. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

journalists.

journalists.

Amendment 197

Amendment 197

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2 — subparagraph 2

Article 11 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Such interested entities shall also include journalists accredited in a Member State by national, European or international bodies. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Such interested entities shall also include journalists accredited in a Member State by national, European or international bodies.

Such interested entities shall also include journalists accredited in a Member State by national, European or international bodies.

deleted

deleted

Amendment 198

Amendment 198

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 3

Article 11 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Following a request from an interested entity, the service provider shall make best efforts to provide the requested information or its reasoned response under paragraph 5, within one month. | 3.   Following a request from an interested entity, the service provider shall make best efforts to provide the requested information or its reasoned response under paragraph 5
  as soon as possible and, at the latest
  , within one month. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Following a request from an interested entity, the service provider shall make best efforts to provide the requested information or its reasoned response under paragraph 5, within one month.

3.   Following a request from an interested entity, the service provider shall make best efforts to provide the requested information or its reasoned response under paragraph 5
  as soon as possible and, at the latest
  , within one month.

Amendment 199

Amendment 199

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 5

Article 11 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Where requests pursuant to paragraph 1 are manifestly
  unfounded,
  unclear
  or
  excessive
  , in particular because of their lack of clarity
  , the service provider may refuse to
  respond. In this case
  , the relevant service provider shall send a reasoned response to the interested entity making the request. | 5.   Where requests pursuant to paragraph 1 are manifestly unclear, excessive
  or concerning information not within the control of the service provider
  , the service provider may refuse to
  provide the requested information. In such cases
  , the relevant service provider shall send a reasoned response to the interested entity making the request
  , including information on the possibilities for redress, including those that exist under Directive (EU) 2020/1828
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Where requests pursuant to paragraph 1 are manifestly
  unfounded,
  unclear
  or
  excessive
  , in particular because of their lack of clarity
  , the service provider may refuse to
  respond. In this case
  , the relevant service provider shall send a reasoned response to the interested entity making the request.

5.   Where requests pursuant to paragraph 1 are manifestly unclear, excessive
  or concerning information not within the control of the service provider
  , the service provider may refuse to
  provide the requested information. In such cases
  , the relevant service provider shall send a reasoned response to the interested entity making the request
  , including information on the possibilities for redress, including those that exist under Directive (EU) 2020/1828
  .

Amendment 200

Amendment 200

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 7

Article 11 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   Service providers shall bear the burden of demonstrating that a request is manifestly
  unfounded,
  unclear
  or
  excessive, or that requests are repetitive and involve significant costs to process. | 7.   Service providers shall bear the burden of demonstrating that a request is manifestly unclear, excessive
  or concerning information not within the control of the service provider
  , or that requests are repetitive and involve significant costs to process. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   Service providers shall bear the burden of demonstrating that a request is manifestly
  unfounded,
  unclear
  or
  excessive, or that requests are repetitive and involve significant costs to process.

7.   Service providers shall bear the burden of demonstrating that a request is manifestly unclear, excessive
  or concerning information not within the control of the service provider
  , or that requests are repetitive and involve significant costs to process.

Amendment 201

Amendment 201

Proposal for a regulation

Proposal for a regulation

Chapter III — title

Chapter III — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| TARGETING AND
  AMPLIFICATION
  OF POLITICAL ADVERTISING | TARGETING AND
  AD DELIVERY
  OF POLITICAL ADVERTISING
  SERVICES |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

TARGETING AND
  AMPLIFICATION
  OF POLITICAL ADVERTISING

AMPLIFICATION

TARGETING AND
  AD DELIVERY
  OF POLITICAL ADVERTISING
  SERVICES

AD DELIVERY

SERVICES

Amendment 202

Amendment 202

Proposal for a regulation

Proposal for a regulation

Article - 12 (new)

Article - 12 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article - 12 |
| | Prohibition of targeting and ad delivery techniques involving the processing of special categories of personal data |
| | Targeting and ad delivery techniques that involve the processing of special categories of personal data as referred to in Article 9 of Regulation (EU) 2016/679 and in Article 10 of Regulation (EU) 2018/1725 in the context of political advertising services shall be prohibited. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article - 12

Article - 12

Prohibition of targeting and ad delivery techniques involving the processing of special categories of personal data

Prohibition of targeting and ad delivery techniques involving the processing of special categories of personal data

Targeting and ad delivery techniques that involve the processing of special categories of personal data as referred to in Article 9 of Regulation (EU) 2016/679 and in Article 10 of Regulation (EU) 2018/1725 in the context of political advertising services shall be prohibited.

Targeting and ad delivery techniques that involve the processing of special categories of personal data as referred to in Article 9 of Regulation (EU) 2016/679 and in Article 10 of Regulation (EU) 2018/1725 in the context of political advertising services shall be prohibited.

Amendment 203

Amendment 203

Proposal for a regulation

Proposal for a regulation

Article 12 — title

Article 12 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Specific requirements related to targeting and
  amplification | Specific requirements related to
  the processing of personal data for online
  targeting and
  ad delivery techniques |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Specific requirements related to targeting and
  amplification

amplification

Specific requirements related to
  the processing of personal data for online
  targeting and
  ad delivery techniques

the processing of personal data for online

ad delivery techniques

Amendment 204

Amendment 204

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1

Article 12 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Targeting
  or amplification
  techniques that involve the processing of personal data
  referred to in
  Article
  9(1)
  of Regulation (EU) 2016/679
  and
  Article
  10(1)
  of Regulation (EU) 2018/1725 in the context of political advertising
  are prohibited
  . | 1.   Targeting
  and ad delivery
  techniques that involve the processing of personal data
  that is not special categories of personal data within the meaning of
  Article
  9
  of Regulation (EU) 2016/679
  or of
  Article
  10
  of Regulation (EU) 2018/1725 in the context of political advertising
  services shall be strictly limited to the situations provided for in this Article
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Targeting
  or amplification
  techniques that involve the processing of personal data
  referred to in
  Article
  9(1)
  of Regulation (EU) 2016/679
  and
  Article
  10(1)
  of Regulation (EU) 2018/1725 in the context of political advertising
  are prohibited
  .

1.   Targeting
  and ad delivery
  techniques that involve the processing of personal data
  that is not special categories of personal data within the meaning of
  Article
  9
  of Regulation (EU) 2016/679
  or of
  Article
  10
  of Regulation (EU) 2018/1725 in the context of political advertising
  services shall be strictly limited to the situations provided for in this Article
  .

Amendment 205

Amendment 205

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1 a (new)

Article 12 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Ad delivery techniques referred to in this Article shall determine the audience within the targeted audience without further processing of personal data, by random selection only. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Ad delivery techniques referred to in this Article shall determine the audience within the targeted audience without further processing of personal data, by random selection only.

Amendment 206

Amendment 206

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1 b (new)

Article 12 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  Targeting and ad delivery techniques that involve the processing of personal data of persons of whom the data controller is aware with reasonable certainty that they are at least one year under the voting age established by national law shall be prohibited. Compliance with the obligations set out in this Article shall not oblige providers of online platforms to process additional personal data in order to assess whether the user of the service is a minor. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1b.
     
  Targeting and ad delivery techniques that involve the processing of personal data of persons of whom the data controller is aware with reasonable certainty that they are at least one year under the voting age established by national law shall be prohibited. Compliance with the obligations set out in this Article shall not oblige providers of online platforms to process additional personal data in order to assess whether the user of the service is a minor.

Amendment 207

Amendment 207

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1 c (new)

Article 12 — paragraph 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1c.
     
  Targeting and ad delivery techniques that involve the processing of personal data shall be restricted to personal data explicitly provided by the data subject with his or her consent as defined in Article 4(11) of Regulation (EU) 2016/679 given solely for the purpose of online political advertising. |
| | The personal data provided by the data subject by virtue of using a service or device, including provided content, shall not be considered as provided personal data and therefore shall not be used by the provider for the purpose of targeting and delivering political advertising. |
| | The data controller shall inform when requesting consent from the data subject that his or her provided personal data may be processed solely for the purpose of presenting political advertising to the data subject. Refusing to give consent shall not be more difficult or time-consuming to the data subject than giving consent. Providers shall not request consent where the data subject exercises his or her right to object by automated means using technical specifications, in line with Article 21(5) of Regulation (EU) 2016/679. In the event the data subject refuses to give his or her consent, or has withdrawn his or her consent, he or she shall be given other fair and reasonable options to access information society services. |
| | Targeting and ad delivery techniques referred to in this paragraph shall not combine more than four categories of personal data, including the location of the data subject. |
| | If the political advertisement is linked to an election or a referendum, the location of the data subject shall be understood being at the level of the constituency applicable for that election or referendum as referred to in paragraph 1d, point (b). |
| | If the political advertisement is not linked to an election or a referendum, the location used for targeting and ad delivery techniques shall not be below the municipality level. |
| | If the political advertisement is not linked to an election or a referendum and in case of combination of two or more categories of data, the targeted group shall comprise at least 0,4  % of the population of the Member State but at minimum 50 000 citizens. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1c.
     
  Targeting and ad delivery techniques that involve the processing of personal data shall be restricted to personal data explicitly provided by the data subject with his or her consent as defined in Article 4(11) of Regulation (EU) 2016/679 given solely for the purpose of online political advertising.

The personal data provided by the data subject by virtue of using a service or device, including provided content, shall not be considered as provided personal data and therefore shall not be used by the provider for the purpose of targeting and delivering political advertising.

The personal data provided by the data subject by virtue of using a service or device, including provided content, shall not be considered as provided personal data and therefore shall not be used by the provider for the purpose of targeting and delivering political advertising.

The data controller shall inform when requesting consent from the data subject that his or her provided personal data may be processed solely for the purpose of presenting political advertising to the data subject. Refusing to give consent shall not be more difficult or time-consuming to the data subject than giving consent. Providers shall not request consent where the data subject exercises his or her right to object by automated means using technical specifications, in line with Article 21(5) of Regulation (EU) 2016/679. In the event the data subject refuses to give his or her consent, or has withdrawn his or her consent, he or she shall be given other fair and reasonable options to access information society services.

The data controller shall inform when requesting consent from the data subject that his or her provided personal data may be processed solely for the purpose of presenting political advertising to the data subject. Refusing to give consent shall not be more difficult or time-consuming to the data subject than giving consent. Providers shall not request consent where the data subject exercises his or her right to object by automated means using technical specifications, in line with Article 21(5) of Regulation (EU) 2016/679. In the event the data subject refuses to give his or her consent, or has withdrawn his or her consent, he or she shall be given other fair and reasonable options to access information society services.

Targeting and ad delivery techniques referred to in this paragraph shall not combine more than four categories of personal data, including the location of the data subject.

Targeting and ad delivery techniques referred to in this paragraph shall not combine more than four categories of personal data, including the location of the data subject.

If the political advertisement is linked to an election or a referendum, the location of the data subject shall be understood being at the level of the constituency applicable for that election or referendum as referred to in paragraph 1d, point (b).

If the political advertisement is linked to an election or a referendum, the location of the data subject shall be understood being at the level of the constituency applicable for that election or referendum as referred to in paragraph 1d, point (b).

If the political advertisement is not linked to an election or a referendum, the location used for targeting and ad delivery techniques shall not be below the municipality level.

If the political advertisement is not linked to an election or a referendum, the location used for targeting and ad delivery techniques shall not be below the municipality level.

If the political advertisement is not linked to an election or a referendum and in case of combination of two or more categories of data, the targeted group shall comprise at least 0,4  % of the population of the Member State but at minimum 50 000 citizens.

If the political advertisement is not linked to an election or a referendum and in case of combination of two or more categories of data, the targeted group shall comprise at least 0,4  % of the population of the Member State but at minimum 50 000 citizens.

Amendment 208

Amendment 208

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1 d (new)

Article 12 — paragraph 1 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1d.
     
  Notwithstanding paragraph 1c, 60 days immediately preceding an election or a referendum, targeting and ad delivery techniques that involve the processing of provided personal data shall be restricted to the following personal data explicitly provided by the data subject to the advertising publisher with his or her consent as defined in Article 4(11) of Regulation (EU) 2016/679 given solely for the purpose of online political advertising: |
| | (a) | the languages spoken by the data subject; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1d.
     
  Notwithstanding paragraph 1c, 60 days immediately preceding an election or a referendum, targeting and ad delivery techniques that involve the processing of provided personal data shall be restricted to the following personal data explicitly provided by the data subject to the advertising publisher with his or her consent as defined in Article 4(11) of Regulation (EU) 2016/679 given solely for the purpose of online political advertising:

(a)

(a)

the languages spoken by the data subject;

the languages spoken by the data subject;

| (b) | the location of the data subject at the level of the constituency which is applicable in the relevant election or referendum; |
| --- | --- |

(b)

(b)

the location of the data subject at the level of the constituency which is applicable in the relevant election or referendum;

the location of the data subject at the level of the constituency which is applicable in the relevant election or referendum;

| (c) | the information that the data subject is a first voter. |
| --- | --- |

(c)

(c)

the information that the data subject is a first voter.

the information that the data subject is a first voter.

Subparagraphs 2 and 3 of paragraph 1c shall apply mutatis mutandis.

Subparagraphs 2 and 3 of paragraph 1c shall apply mutatis mutandis.

Amendment 209

Amendment 209

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1 e (new)

Article 12 — paragraph 1 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1e.
     
  This Article shall not apply to internal communications of any political party, foundation, association or any other non-profit body, to their members and former members and to communications, such as newsletters, linked to their political activities, as long as those communications are solely based on subscription data and therefore strictly limited to their members, former members or subscribers and are based on personal data provided by them and do not involve further processing of personal data to target or otherwise further select the recipients and the messages they receive. Such forms of direct marketing fall under the scope of Regulation (EU) 2016/679 and Directive 2002/58/EC. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1e.
     
  This Article shall not apply to internal communications of any political party, foundation, association or any other non-profit body, to their members and former members and to communications, such as newsletters, linked to their political activities, as long as those communications are solely based on subscription data and therefore strictly limited to their members, former members or subscribers and are based on personal data provided by them and do not involve further processing of personal data to target or otherwise further select the recipients and the messages they receive. Such forms of direct marketing fall under the scope of Regulation (EU) 2016/679 and Directive 2002/58/EC.

Amendment 210

Amendment 210

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2

Article 12 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  The prohibition laid down in the first sentence shall not apply to the situations referred to in Article 9(2)(a) and (d) of Regulation (EU) 2016/679 and Article 10(2)(a) and (d) of Regulation (EU) 2018/1725. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.
     
  The prohibition laid down in the first sentence shall not apply to the situations referred to in Article 9(2)(a) and (d) of Regulation (EU) 2016/679 and Article 10(2)(a) and (d) of Regulation (EU) 2018/1725.

deleted

deleted

Amendment 211

Amendment 211

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 3 — introductory part

Article 12 — paragraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   When using targeting
  or amplification
  techniques in the context of political advertising involving the processing of personal data, controllers shall, in addition to the requirements laid down in Regulation (EU) 2016/679
  and
  Regulation (EU) 2018/1725, as applicable, comply with the following requirements: | 3.   When using targeting techniques in the context of political advertising
  services
  involving the processing of personal data, controllers shall, in addition to the requirements laid down in Regulation (EU) 2016/679, Regulation (EU) 2018/1725
  and Regulation (EU) 2022/2065 (Digital Services Act)
  , as applicable, comply with the following requirements: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   When using targeting
  or amplification
  techniques in the context of political advertising involving the processing of personal data, controllers shall, in addition to the requirements laid down in Regulation (EU) 2016/679
  and
  Regulation (EU) 2018/1725, as applicable, comply with the following requirements:

3.   When using targeting techniques in the context of political advertising
  services
  involving the processing of personal data, controllers shall, in addition to the requirements laid down in Regulation (EU) 2016/679, Regulation (EU) 2018/1725
  and Regulation (EU) 2022/2065 (Digital Services Act)
  , as applicable, comply with the following requirements:

Amendment 212

Amendment 212

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 3 — point a

Article 12 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | adopt
  and
  implement an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals
  or amplify the content
  , and retain such policy for a period of
  five
  years; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

adopt
  and
  implement an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals
  or amplify the content
  , and retain such policy for a period of
  five
  years;

and

or amplify the content

five

| (a) | adopt, implement
  and make publicly available
  an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals, and retain such policy for a period of
  ten
  years; |
| --- | --- |

(a)

adopt, implement
  and make publicly available
  an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals, and retain such policy for a period of
  ten
  years;

and make publicly available

ten

Amendment 213

Amendment 213

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 3 — point b

Article 12 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | keep records on the use of targeting
  or amplification
  , the relevant mechanisms, techniques and parameters used, and the source(s) of personal data used. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

keep records on the use of targeting
  or amplification
  , the relevant mechanisms, techniques and parameters used, and the source(s) of personal data used.

or amplification

| (b) | keep records on the use of targeting, the relevant mechanisms, techniques and parameters used, and the source(s) of personal data used. |
| --- | --- |

(b)

keep records on the use of targeting, the relevant mechanisms, techniques and parameters used, and the source(s) of personal data used.

Amendment 214

Amendment 214

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 3 — point c

Article 12 — paragraph 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | provide, together with the political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third-party data and additional analytical techniques
  . This information shall comprise the elements set out in Annex II. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

provide, together with the political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third-party data and additional analytical techniques
  . This information shall comprise the elements set out in Annex II.

. This information shall comprise the elements set out in Annex II.

| (c) | provide, together with the
  indication that it is
  political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third-party data and additional analytical techniques; |
| --- | --- |

(c)

provide, together with the
  indication that it is
  political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third-party data and additional analytical techniques;

indication that it is

Amendment 215

Amendment 215

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 3 — point c a (new)

Article 12 — paragraph 3 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | make an internal annual risk assessment of the use of those techniques on the fundamental rights and freedoms of individuals and the society as a whole; the results of these risk assessments shall be made publicly available. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

make an internal annual risk assessment of the use of those techniques on the fundamental rights and freedoms of individuals and the society as a whole; the results of these risk assessments shall be made publicly available.

make an internal annual risk assessment of the use of those techniques on the fundamental rights and freedoms of individuals and the society as a whole; the results of these risk assessments shall be made publicly available.

Amendment 216

Amendment 216

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 4

Article 12 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Political advertising publishers making use of targeting
  or amplification
  techniques shall include in the transparency notice required under Article
  7 the
  information
  specified in paragraph 3(c) and
  a link to the policy referred to in paragraph 3(a)
  . In case the controller is different from the advertising publisher, the controller shall transmit the internal policy or a reference to it to the political advertising publisher
  . | 4.   Political advertising publishers making use of targeting techniques
  involving the processing of personal data
  shall include in the transparency notice required under Article
  7a(1), additional
  information
  necessary to enable the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third party data and additional analytical techniques. |
| | It shall include, in particular, the following information: |
| | (a) | the targeting goals, mechanisms and logic including the inclusion and exclusion parameters, and the reasons for choosing those parameters; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Political advertising publishers making use of targeting
  or amplification
  techniques shall include in the transparency notice required under Article
  7 the
  information
  specified in paragraph 3(c) and
  a link to the policy referred to in paragraph 3(a)
  . In case the controller is different from the advertising publisher, the controller shall transmit the internal policy or a reference to it to the political advertising publisher
  .

4.   Political advertising publishers making use of targeting techniques
  involving the processing of personal data
  shall include in the transparency notice required under Article
  7a(1), additional
  information
  necessary to enable the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third party data and additional analytical techniques.

It shall include, in particular, the following information:

It shall include, in particular, the following information:

(a)

(a)

the targeting goals, mechanisms and logic including the inclusion and exclusion parameters, and the reasons for choosing those parameters;

the targeting goals, mechanisms and logic including the inclusion and exclusion parameters, and the reasons for choosing those parameters;

| (b) | the period of dissemination, the number of individuals to whom the advertisement is disseminated; |
| --- | --- |

(b)

(b)

the period of dissemination, the number of individuals to whom the advertisement is disseminated;

the period of dissemination, the number of individuals to whom the advertisement is disseminated;

| (c) | a link to
  or a clear indication of where
  the policy referred to in paragraph 3(a)
  can be easily retrieved
  . |
| --- | --- |

(c)

(c)

a link to
  or a clear indication of where
  the policy referred to in paragraph 3(a)
  can be easily retrieved
  .

or a clear indication of where

can be easily retrieved

Amendment 217

Amendment 217

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 4 a (new)

Article 12 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Where the controller is different from the advertising publisher, the controller shall transmit the internal policy referred to in point (a) of paragraph 3 to the political advertising publisher and ensure that the information referred to in this paragraph or a reference to it is communicated to the political advertising publisher to enable the political advertising publisher to comply with its obligation under this Regulation. Information shall be transmitted in a timely and accurate manner, in accordance with best practice and industry standards, by means of a standardised automated process, where technically possible. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Where the controller is different from the advertising publisher, the controller shall transmit the internal policy referred to in point (a) of paragraph 3 to the political advertising publisher and ensure that the information referred to in this paragraph or a reference to it is communicated to the political advertising publisher to enable the political advertising publisher to comply with its obligation under this Regulation. Information shall be transmitted in a timely and accurate manner, in accordance with best practice and industry standards, by means of a standardised automated process, where technically possible.

Amendment 218

Amendment 218

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 5

Article 12 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Political advertising publishers making use of targeting or
  amplification
  techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article
  7
  a reference to effective means to support individuals exercise their rights under Regulation (EU) 2016/679. | 5.   Political advertising publishers making use of targeting or
  ad delivery
  techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article
  7a(1)
  a reference to effective means to support individuals exercise their rights under Regulation (EU) 2016/679.
  The transparency notice shall visibly link to an easily accessible interface in which users can withdraw their consent or modify the personal data they provided for the sole purpose of online political advertising as referred to in paragraphs 1c and 1d. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Political advertising publishers making use of targeting or
  amplification
  techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article
  7
  a reference to effective means to support individuals exercise their rights under Regulation (EU) 2016/679.

5.   Political advertising publishers making use of targeting or
  ad delivery
  techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article
  7a(1)
  a reference to effective means to support individuals exercise their rights under Regulation (EU) 2016/679.
  The transparency notice shall visibly link to an easily accessible interface in which users can withdraw their consent or modify the personal data they provided for the sole purpose of online political advertising as referred to in paragraphs 1c and 1d.

Amendment 219

Amendment 219

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 7

Article 12 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   Providers of advertising services shall
  , as necessary,
  transmit to the controller the information necessary to comply with
  paragraph 3
  . | 7.   Providers of advertising services shall transmit to the controller the information necessary to comply with
  paragraphs 3, 4 and 4a
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   Providers of advertising services shall
  , as necessary,
  transmit to the controller the information necessary to comply with
  paragraph 3
  .

7.   Providers of advertising services shall transmit to the controller the information necessary to comply with
  paragraphs 3, 4 and 4a
  .

Amendment 220

Amendment 220

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 8

Article 12 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex II by modifying or removing elements of the list of information to be provided pursuant to paragraph 3(c) of this Article in light of technological developments in relevant scientific research, and developments in supervision by competent authorities and relevant guidance issued by competent bodies. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex II by modifying or removing elements of the list of information to be provided pursuant to paragraph 3(c) of this Article in light of technological developments in relevant scientific research, and developments in supervision by competent authorities and relevant guidance issued by competent bodies.

deleted

deleted

Amendment 221

Amendment 221

Proposal for a regulation

Proposal for a regulation

Article 13 — title

Article 13 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Transmission of information concerning targeting or
  amplification
  to other interested entities | Transmission of information concerning
  online
  targeting or
  ad delivery
  to other interested entities |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Transmission of information concerning targeting or
  amplification
  to other interested entities

amplification

Transmission of information concerning
  online
  targeting or
  ad delivery
  to other interested entities

online

ad delivery

Amendment 222

Amendment 222

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 1

Article 14 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in one of the Member States where the provider offers its services. | 1.   Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in one of the Member States where the provider offers its services
  and register them with the national single points of contact
  . |
| | Service providers shall notify the name, postal address, email address and telephone number of their legal representative to the national single point of contact in the Member State where that legal representative resides or is established. |
| | Member States shall keep publicly available registers of all legal representatives registered on their territory under this Regulation and shall ensure that that information is easily accessible and that it is accurate and up to date. |
| | The Commission shall keep a publicly available and easily accessible and machine-readable database of legal representatives registered within the Union under this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in one of the Member States where the provider offers its services.

1.   Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in one of the Member States where the provider offers its services
  and register them with the national single points of contact
  .

Service providers shall notify the name, postal address, email address and telephone number of their legal representative to the national single point of contact in the Member State where that legal representative resides or is established.

Service providers shall notify the name, postal address, email address and telephone number of their legal representative to the national single point of contact in the Member State where that legal representative resides or is established.

Member States shall keep publicly available registers of all legal representatives registered on their territory under this Regulation and shall ensure that that information is easily accessible and that it is accurate and up to date.

Member States shall keep publicly available registers of all legal representatives registered on their territory under this Regulation and shall ensure that that information is easily accessible and that it is accurate and up to date.

The Commission shall keep a publicly available and easily accessible and machine-readable database of legal representatives registered within the Union under this Regulation.

The Commission shall keep a publicly available and easily accessible and machine-readable database of legal representatives registered within the Union under this Regulation.

Amendment 223

Amendment 223

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2

Article 14 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The legal representative shall be responsible for ensuring compliance with the
  represented service provider’s
  obligations
  pursuant to
  this Regulation
  and
  shall be the addressee for all communications with the relevant service provider provided for in this Regulation. Any communication to that legal representative shall be deemed to be a communication to the represented service provider. | 2.   The legal representative shall be responsible for ensuring compliance
  , and may be held liable for non-compliance,
  with the obligations
  under
  this Regulation
  , without prejudice to the liability and legal actions that could be initiated against the service provider. The legal representative
  shall be the addressee for all communications with the relevant service provider provided for in this Regulation. Any communication to that legal representative shall be deemed to be a communication to the represented service provider. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The legal representative shall be responsible for ensuring compliance with the
  represented service provider’s
  obligations
  pursuant to
  this Regulation
  and
  shall be the addressee for all communications with the relevant service provider provided for in this Regulation. Any communication to that legal representative shall be deemed to be a communication to the represented service provider.

2.   The legal representative shall be responsible for ensuring compliance
  , and may be held liable for non-compliance,
  with the obligations
  under
  this Regulation
  , without prejudice to the liability and legal actions that could be initiated against the service provider. The legal representative
  shall be the addressee for all communications with the relevant service provider provided for in this Regulation. Any communication to that legal representative shall be deemed to be a communication to the represented service provider.

Amendment 224

Amendment 224

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 a (new)

Article 14 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Service providers shall provide their legal representative with necessary powers and sufficient resources to guarantee efficient and timely cooperation with the Member States’ competent authorities and, where relevant, the Commission, and to ensure the compliance with with their decisions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Service providers shall provide their legal representative with necessary powers and sufficient resources to guarantee efficient and timely cooperation with the Member States’ competent authorities and, where relevant, the Commission, and to ensure the compliance with with their decisions.

Amendment 225

Amendment 225

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1 a (new)

Article 15 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  In case the political advertising publisher is a very large online platform within the meaning or a very large online search engine within the meaning of Article 33 of Regulation (EU) 2022/2065, the European Data Protection Board may initiate an investigation, at the request of national authorities, the Commission, or on its own initiative after consulting the relevant national authorities if it suspects the infringement of Article — 12 or Article 12 of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  In case the political advertising publisher is a very large online platform within the meaning or a very large online search engine within the meaning of Article 33 of Regulation (EU) 2022/2065, the European Data Protection Board may initiate an investigation, at the request of national authorities, the Commission, or on its own initiative after consulting the relevant national authorities if it suspects the infringement of Article — 12 or Article 12 of this Regulation.

Amendment 226

Amendment 226

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1 b (new)

Article 15 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  The initiation of investigation pursuant to paragraph 1a of this Article by the European Data Protection Board shall relieve the national data protection authority or authorities, or any competent authority where applicable, of its powers regarding the infringement at stake to supervise and enforce the obligations under this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1b.
     
  The initiation of investigation pursuant to paragraph 1a of this Article by the European Data Protection Board shall relieve the national data protection authority or authorities, or any competent authority where applicable, of its powers regarding the infringement at stake to supervise and enforce the obligations under this Regulation.

Amendment 227

Amendment 227

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1 c (new)

Article 15 — paragraph 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1c.
     
  The national data protection authorities shall, within 15 days after being informed of initiation of the investigation, or within seven days if within 60 days immediately preceding elections or referendums as referred to in Article 12(1d), transmit to the European Data Protection Board any information they hold about the infringement at stake. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1c.
     
  The national data protection authorities shall, within 15 days after being informed of initiation of the investigation, or within seven days if within 60 days immediately preceding elections or referendums as referred to in Article 12(1d), transmit to the European Data Protection Board any information they hold about the infringement at stake.

Amendment 228

Amendment 228

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1 d (new)

Article 15 — paragraph 1 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1d.
     
  In the exercise of its powers of investigation under this Regulation the European Data Protection Board shall request the individual or joint support of any national data protection authority or authorities concerned by the suspected infringement, including the data protection authority of establishment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1d.
     
  In the exercise of its powers of investigation under this Regulation the European Data Protection Board shall request the individual or joint support of any national data protection authority or authorities concerned by the suspected infringement, including the data protection authority of establishment.

Amendment 229

Amendment 229

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2

Article 15 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States shall designate competent authorities
  to
  monitor the compliance of providers of intermediary services within the meaning of Regulation (EU)
  2021/xxx [DSA]
  with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU)
  2021/xxx [
  Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article
  38
  of Regulation (EU)
  2021/xxx
  in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU)
  2021/xxx [
  Digital Services Act]. Article
  45(1)
  to (4) and Article
  46(1)
  of Regulation (EU)
  2021/xxx [
  Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services. | 2.   Member States shall designate competent authorities
  that are to supervise and
  monitor the compliance of providers of intermediary services within the meaning of Regulation (EU)
  2022/2065 (Digital Sevices Act)
  with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU)
  2022/2065 (
  Digital Services Act) may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article
  49
  of Regulation (EU)
  2022/2065
  in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU)
  2022/2065 (
  Digital Services Act). Article
  58(1)
  to (4) and Article
  60(1)
  of Regulation (EU)
  2022/2065 (
  Digital Services Act) shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Member States shall designate competent authorities
  to
  monitor the compliance of providers of intermediary services within the meaning of Regulation (EU)
  2021/xxx [DSA]
  with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU)
  2021/xxx [
  Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article
  38
  of Regulation (EU)
  2021/xxx
  in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU)
  2021/xxx [
  Digital Services Act]. Article
  45(1)
  to (4) and Article
  46(1)
  of Regulation (EU)
  2021/xxx [
  Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.

2.   Member States shall designate competent authorities
  that are to supervise and
  monitor the compliance of providers of intermediary services within the meaning of Regulation (EU)
  2022/2065 (Digital Sevices Act)
  with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU)
  2022/2065 (
  Digital Services Act) may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article
  49
  of Regulation (EU)
  2022/2065
  in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU)
  2022/2065 (
  Digital Services Act). Article
  58(1)
  to (4) and Article
  60(1)
  of Regulation (EU)
  2022/2065 (
  Digital Services Act) shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.

Amendment 230

Amendment 230

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2 a (new)

Article 15 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  To the extent that the Commission has exclusive competence to monitor the compliance of very large online platforms and of very large search engines within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) with the obligations laid down in that Regulation, it shall be competent to monitor their compliance with Article 5(2d) and Article 7b(2) of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  To the extent that the Commission has exclusive competence to monitor the compliance of very large online platforms and of very large search engines within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) with the obligations laid down in that Regulation, it shall be competent to monitor their compliance with Article 5(2d) and Article 7b(2) of this Regulation.

Amendment 231

Amendment 231

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 3

Article 15 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation. | 3.   Each Member State shall designate one or more competent authorities to be responsible for the
  consistent
  application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2
  . The national competent authorities may be the same as those referred in Article 30 of Directive 2010/13/EU
  . Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall
  , acting
  in full independence, effectively monitor and take the measures necessary and proportionate to ensure
  consistent supervision,
  compliance with
  and enforcement of
  this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.

3.   Each Member State shall designate one or more competent authorities to be responsible for the
  consistent
  application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2
  . The national competent authorities may be the same as those referred in Article 30 of Directive 2010/13/EU
  . Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall
  , acting
  in full independence, effectively monitor and take the measures necessary and proportionate to ensure
  consistent supervision,
  compliance with
  and enforcement of
  this Regulation.

Amendment 232

Amendment 232

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 4

Article 15 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the power to request to access data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks. | 4.   Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have
  at least
  the power to request to access
  to
  data, documents or any necessary information from providers of political advertising services, for the performance of their supervisory tasks.
  Competent authorities shall use that data only for the purpose of monitoring and assessing compliance with this Regulation, in accordance with relevant legislation on the protection of personal data and the protection of confidential informitation, and with the objective to maintain the security of the services. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the power to request to access data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks.

4.   Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have
  at least
  the power to request to access
  to
  data, documents or any necessary information from providers of political advertising services, for the performance of their supervisory tasks.
  Competent authorities shall use that data only for the purpose of monitoring and assessing compliance with this Regulation, in accordance with relevant legislation on the protection of personal data and the protection of confidential informitation, and with the objective to maintain the security of the services.

Amendment 233

Amendment 233

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 5 — point a a (new)

Article 15 — paragraph 5 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | request access to data, documents, or any necessary information from the providers of political advertising services; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

request access to data, documents, or any necessary information from the providers of political advertising services;

request access to data, documents, or any necessary information from the providers of political advertising services;

Amendment 234

Amendment 234

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 5 — point a b (new)

Article 15 — paragraph 5 — point a b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ab) | order an end to infringements and, where appropriate, impose remedies that are proportionate to the infringement and necessary to bring it effectively to an end; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ab)

(ab)

order an end to infringements and, where appropriate, impose remedies that are proportionate to the infringement and necessary to bring it effectively to an end;

order an end to infringements and, where appropriate, impose remedies that are proportionate to the infringement and necessary to bring it effectively to an end;

Amendment 235

Amendment 235

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 5 — point c

Article 15 — paragraph 5 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | impose administrative fines and financial penalties. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

impose administrative fines and financial penalties.

| (c) | impose administrative fines and financial penalties
  , including periodic penalty payments; |
| --- | --- |

(c)

impose administrative fines and financial penalties
  , including periodic penalty payments;

, including periodic penalty payments;

Amendment 236

Amendment 236

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 5 — point c a (new)

Article 15 — paragraph 5 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | carry out, or, where necessary in accordance with national law, request a judicial authority in their Member State to order inspections of any premises that providers of political advertising services use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement in any form, irrespective of the storage medium; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

carry out, or, where necessary in accordance with national law, request a judicial authority in their Member State to order inspections of any premises that providers of political advertising services use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement in any form, irrespective of the storage medium;

carry out, or, where necessary in accordance with national law, request a judicial authority in their Member State to order inspections of any premises that providers of political advertising services use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement in any form, irrespective of the storage medium;

Amendment 237

Amendment 237

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 5 a (new)

Article 15 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  Paragraphs 4 and 5 shall apply mutatis mutandis to the European Data Protection Board. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  Paragraphs 4 and 5 shall apply mutatis mutandis to the European Data Protection Board.

Amendment 238

Amendment 238

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 5 b (new)

Article 15 — paragraph 5 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5b.
     
  Member States shall ensure that national competent authorities have all necessary means to carry out their tasks, including sufficient technical, financial and human resources to adequately supervise sponsors and providers of political advertising services under their competence. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5b.
     
  Member States shall ensure that national competent authorities have all necessary means to carry out their tasks, including sufficient technical, financial and human resources to adequately supervise sponsors and providers of political advertising services under their competence.

Amendment 239

Amendment 239

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 6

Article 15 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Member States shall ensure cooperation among competent authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. | 6.   Member States shall ensure
  that there is effective and structured
  cooperation among
  all relevant
  competent authorities
  and supervisory authorities referred to in paragraphs 1 and 2
  in particular in the framework of national elections networks,
  so as
  to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   Member States shall ensure cooperation among competent authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.

6.   Member States shall ensure
  that there is effective and structured
  cooperation among
  all relevant
  competent authorities
  and supervisory authorities referred to in paragraphs 1 and 2
  in particular in the framework of national elections networks,
  so as
  to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.

Amendment 240

Amendment 240

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 7

Article 15 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation. | 7.   
  Where a Member State designates one or more competent authorities, it shall ensure that the respective tasks of those authorities are clearly defined and that they cooperate closely and effectively when performing their tasks.
  Each Member State shall designate one competent authority as a 
  national
  contact point at Union level for the purposes of
  all aspects of
  this Regulation.
  National contact points shall ensure effective cooperation between national competent authorities and with other national contact points and Union level authorities. Member States shall make publicly available the contact details of their national contact points. Member States concerned shall communicate the name of the other competent authorities and their respective tasks to the Network of National Contact Points. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation.

7.   
  Where a Member State designates one or more competent authorities, it shall ensure that the respective tasks of those authorities are clearly defined and that they cooperate closely and effectively when performing their tasks.
  Each Member State shall designate one competent authority as a 
  national
  contact point at Union level for the purposes of
  all aspects of
  this Regulation.
  National contact points shall ensure effective cooperation between national competent authorities and with other national contact points and Union level authorities. Member States shall make publicly available the contact details of their national contact points. Member States concerned shall communicate the name of the other competent authorities and their respective tasks to the Network of National Contact Points.

Amendment 241

Amendment 241

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 8 — point a

Article 15 — paragraph 8 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact point referred to in paragraph 7, inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact point referred to in paragraph 7, inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up;

| (a) | the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact point referred to in paragraph 7
  , and without undue delay, and in any event no later than one month after a cooperation request
  , inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up; |
| --- | --- |

(a)

the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact point referred to in paragraph 7
  , and without undue delay, and in any event no later than one month after a cooperation request
  , inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up;

, and without undue delay, and in any event no later than one month after a cooperation request

Amendment 242

Amendment 242

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 8 — point c

Article 15 — paragraph 8 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and
  within a timeframe proportionate to the urgency of the
  request provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and
  within a timeframe proportionate to the urgency of the
  request provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested.

within a timeframe proportionate to the urgency of the

| (c) | a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and
  , without undue delay, and in any event no later than one month after a cooperation
  request, provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested. |
| --- | --- |

(c)

a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and
  , without undue delay, and in any event no later than one month after a cooperation
  request, provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested.

, without undue delay, and in any event no later than one month after a cooperation

Amendment 243

Amendment 243

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 8 a (new)

Article 15 — paragraph 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 8a.
     
  Compliance with this Regulation by providers of political advertising services shall be subject to the competence of the Member State where the provider has its establishment. In case the provider is established in more than one Member State, it shall be deemed to be under the jurisdiction of the Member State in which it has its main establishment. Without prejudice to paragraphs 1 and 2, the competent authority or authorities of all Member States shall cooperate with and assist each other as necessary. |
| | Where a national competent authority has reasons to suspect that a sponsor, provider or publisher of political advertising services infringed this Regulation in a manner affecting individuals in the Member State of that competent authority, it may request the contact point of establishment to assess the matter and to take the necessary investigatory and enforcement measures referred to in paragraphs 4 and 5 of this Article. A request shall be substantiated, justified and proportionate and at least indicate: |
| | (a) | the point of contact or legal representative of the provider of the political advertisement services concerned as provided for in Article 14; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8a.
     
  Compliance with this Regulation by providers of political advertising services shall be subject to the competence of the Member State where the provider has its establishment. In case the provider is established in more than one Member State, it shall be deemed to be under the jurisdiction of the Member State in which it has its main establishment. Without prejudice to paragraphs 1 and 2, the competent authority or authorities of all Member States shall cooperate with and assist each other as necessary.

Where a national competent authority has reasons to suspect that a sponsor, provider or publisher of political advertising services infringed this Regulation in a manner affecting individuals in the Member State of that competent authority, it may request the contact point of establishment to assess the matter and to take the necessary investigatory and enforcement measures referred to in paragraphs 4 and 5 of this Article. A request shall be substantiated, justified and proportionate and at least indicate:

Where a national competent authority has reasons to suspect that a sponsor, provider or publisher of political advertising services infringed this Regulation in a manner affecting individuals in the Member State of that competent authority, it may request the contact point of establishment to assess the matter and to take the necessary investigatory and enforcement measures referred to in paragraphs 4 and 5 of this Article. A request shall be substantiated, justified and proportionate and at least indicate:

(a)

(a)

the point of contact or legal representative of the provider of the political advertisement services concerned as provided for in Article 14;

the point of contact or legal representative of the provider of the political advertisement services concerned as provided for in Article 14;

| (b) | a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the competent authority that sent the request suspects that the provider infringed this Regulation, including the description of the negative effects of the alleged infringement; |
| --- | --- |

(b)

(b)

a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the competent authority that sent the request suspects that the provider infringed this Regulation, including the description of the negative effects of the alleged infringement;

a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the competent authority that sent the request suspects that the provider infringed this Regulation, including the description of the negative effects of the alleged infringement;

| (c) | any other information that the competent authority that sent the request considers relevant, including, where appropriate, information gathered on its own initiative or suggestions for specific investigatory or enforcement measures to be taken, including interim measures. |
| --- | --- |

(c)

(c)

any other information that the competent authority that sent the request considers relevant, including, where appropriate, information gathered on its own initiative or suggestions for specific investigatory or enforcement measures to be taken, including interim measures.

any other information that the competent authority that sent the request considers relevant, including, where appropriate, information gathered on its own initiative or suggestions for specific investigatory or enforcement measures to be taken, including interim measures.

The contact point of establishment shall take into utmost account the pursuant to paragraph 5 of this Article. Where it considers that it has insufficient information to act upon the request or recommendation and has reasons to consider that the competent authority that sent the request could provide additional information, it may request such information. The time period laid down in paragraph 4 of this Article shall be suspended until that additional information is provided.

The contact point of establishment shall take into utmost account the pursuant to paragraph 5 of this Article. Where it considers that it has insufficient information to act upon the request or recommendation and has reasons to consider that the competent authority that sent the request could provide additional information, it may request such information. The time period laid down in paragraph 4 of this Article shall be suspended until that additional information is provided.

The contact point of establishment shall, without undue delay and in any event not later than one month following receipt of the request pursuant to paragraph 4, communicate to the competent authority that sent the request, and the Network of National Contact Points, the assessment of the suspected infringement and an explanation of any investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation.

The contact point of establishment shall, without undue delay and in any event not later than one month following receipt of the request pursuant to paragraph 4, communicate to the competent authority that sent the request, and the Network of National Contact Points, the assessment of the suspected infringement and an explanation of any investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation.

Amendment 244

Amendment 244

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 9

Article 15 — paragraph 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 9.   
  Contact points shall meet periodically at Union level in
  the framework of the European Cooperation Network on Elections
  to
  facilitate the swift and secured exchange of information
  on issues connected to the exercise of their supervisory and enforcements tasks pursuant to
  this Regulation. | 9.   
  Within
  the framework of the European Cooperation Network on Elections
  , a permanent Network of National Contact Points shall be established. The Network of National Contact Points shall serve as a platform for regular exchange of information and structured cooperation between national contact points and the Commission on all aspects of this Regulation. |
| | In particular, the Network of National Contact Points shall
  facilitate: |
| | (a) | the swift and secured exchange of information
  and best practices among national contact points and other relevant authorities; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9.   
  Contact points shall meet periodically at Union level in
  the framework of the European Cooperation Network on Elections
  to
  facilitate the swift and secured exchange of information
  on issues connected to the exercise of their supervisory and enforcements tasks pursuant to
  this Regulation.

9.   
  Within
  the framework of the European Cooperation Network on Elections
  , a permanent Network of National Contact Points shall be established. The Network of National Contact Points shall serve as a platform for regular exchange of information and structured cooperation between national contact points and the Commission on all aspects of this Regulation.

In particular, the Network of National Contact Points shall
  facilitate:

In particular, the Network of National Contact Points shall

(a)

(a)

the swift and secured exchange of information
  and best practices among national contact points and other relevant authorities;

and best practices among national contact points and other relevant authorities;

| (b) | the preparation, in cooperation with relevant stakeholders, of common lines of action to help sponsors and providers of political advertising services, to comply with the requirements of this Regulation in harmonised way; |
| --- | --- |

(b)

(b)

the preparation, in cooperation with relevant stakeholders, of common lines of action to help sponsors and providers of political advertising services, to comply with the requirements of this Regulation in harmonised way;

the preparation, in cooperation with relevant stakeholders, of common lines of action to help sponsors and providers of political advertising services, to comply with the requirements of this Regulation in harmonised way;

| (c) | the development of a harmonised approach on sanctions applicable at national level for infringements of this Regulation; |
| --- | --- |

(c)

(c)

the development of a harmonised approach on sanctions applicable at national level for infringements of this Regulation;

the development of a harmonised approach on sanctions applicable at national level for infringements of this Regulation;

| (d) | the cooperation at Union level to guarantee a harmonised enforcement of this Regulation. |
| --- | --- |

(d)

(d)

the cooperation at Union level to guarantee a harmonised enforcement of this Regulation.

the cooperation at Union level to guarantee a harmonised enforcement of this Regulation.

The Network of National Contact Points shall meet at least twice a year and, where necessary, at the duly justified request of the Commission or a Member State. It shall work in close cooperation with the European Regulators Group for AudioVisual Media Services, and other relevant authorities and networks. The Commission shall take part in the meetings of the Network of National Contact Points and provide administrative support.

The Network of National Contact Points shall meet at least twice a year and, where necessary, at the duly justified request of the Commission or a Member State. It shall work in close cooperation with the European Regulators Group for AudioVisual Media Services, and other relevant authorities and networks. The Commission shall take part in the meetings of the Network of National Contact Points and provide administrative support.

Amendment 245

Amendment 245

Proposal for a regulation

Proposal for a regulation

Article 15 a (new)

Article 15 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 15a |
| | Right to lodge a complaint |
| | Any person, or entity shall have the right to lodge a complaint with the competent authority that is the national contact point of the Member State where that entity or person is located or established against sponsors and providers of political advertising services, alleging an infringement of this Regulation. |
| | The contact point of the Member State may dismiss any complaint which it deems manifestly unfounded and shall notify the complainant of its decision. |
| | The contact point of the Member State shall transmit without undue delay complaints that fall within the competence of another competent authority in the same Member State to that competent authority. The contact point of the Member State shall transmit complaints that fall within the competence of another competent authority in another Member State to the contact point of that Member State within 10 working days. |
| | The competent authority receiving the complaint shall assess, and where appropriate, act within fifteen working days. During electoral periods, the assessment shall take place within five working days. |
| | During those proceedings, all parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with relevant national law. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 15a

Article 15a

Right to lodge a complaint

Right to lodge a complaint

Any person, or entity shall have the right to lodge a complaint with the competent authority that is the national contact point of the Member State where that entity or person is located or established against sponsors and providers of political advertising services, alleging an infringement of this Regulation.

Any person, or entity shall have the right to lodge a complaint with the competent authority that is the national contact point of the Member State where that entity or person is located or established against sponsors and providers of political advertising services, alleging an infringement of this Regulation.

The contact point of the Member State may dismiss any complaint which it deems manifestly unfounded and shall notify the complainant of its decision.

The contact point of the Member State may dismiss any complaint which it deems manifestly unfounded and shall notify the complainant of its decision.

The contact point of the Member State shall transmit without undue delay complaints that fall within the competence of another competent authority in the same Member State to that competent authority. The contact point of the Member State shall transmit complaints that fall within the competence of another competent authority in another Member State to the contact point of that Member State within 10 working days.

The contact point of the Member State shall transmit without undue delay complaints that fall within the competence of another competent authority in the same Member State to that competent authority. The contact point of the Member State shall transmit complaints that fall within the competence of another competent authority in another Member State to the contact point of that Member State within 10 working days.

The competent authority receiving the complaint shall assess, and where appropriate, act within fifteen working days. During electoral periods, the assessment shall take place within five working days.

The competent authority receiving the complaint shall assess, and where appropriate, act within fifteen working days. During electoral periods, the assessment shall take place within five working days.

During those proceedings, all parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with relevant national law.

During those proceedings, all parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with relevant national law.

Amendment 246

Amendment 246

Proposal for a regulation

Proposal for a regulation

Article 15 b (new)

Article 15 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 15b




  Activity reports




  National contact points, designated pursuant to Article 15(7), shall draw up a standardised annual report on the activities covered by this Regulation of all competent authorities designated under in Article 15, including details of the number of complaints received pursuant to Article 15a and an overview of their follow-up.




  The national contact points shall make the annual reports available to the public in a machine-readable format, and shall transmit them to the European Cooperation Network on Elections and, in the case of elections to the European Parliament, to the European Parliament. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 15b

Activity reports

National contact points, designated pursuant to Article 15(7), shall draw up a standardised annual report on the activities covered by this Regulation of all competent authorities designated under in Article 15, including details of the number of complaints received pursuant to Article 15a and an overview of their follow-up.

The national contact points shall make the annual reports available to the public in a machine-readable format, and shall transmit them to the European Cooperation Network on Elections and, in the case of elections to the European Parliament, to the European Parliament.

Amendment 247

Amendment 247

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 1

Article 16 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   In relation to Articles
  5
  to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation
  , which
  shall in each individual case be effective, proportionate and dissuasive. | 1.   In relation to Articles
  3a
  to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation
  and shall take all measures necessary to ensure that they are implemented. The sanctions provided for
  shall in each individual case be
  timely,
  effective, proportionate and dissuasive. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   In relation to Articles
  5
  to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation
  , which
  shall in each individual case be effective, proportionate and dissuasive.

1.   In relation to Articles
  3a
  to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation
  and shall take all measures necessary to ensure that they are implemented. The sanctions provided for
  shall in each individual case be
  timely,
  effective, proportionate and dissuasive.

Amendment 248

Amendment 248

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 3 — point a

Article 16 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the nature, gravity and duration of the infringement; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the nature, gravity and duration of the infringement;

| (a) | the nature, gravity
  , recurrence
  and duration of the infringement; |
| --- | --- |

(a)

the nature, gravity
  , recurrence
  and duration of the infringement;

, recurrence

Amendment 249

Amendment 249

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 3 — point d

Article 16 — paragraph 3 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | any relevant previous infringements and any other aggravating or mitigating factor applicable to the circumstances of the case;
  and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

any relevant previous infringements and any other aggravating or mitigating factor applicable to the circumstances of the case;
  and

and

| (d) | any relevant previous infringements and any other aggravating or mitigating factor applicable to the circumstances of the case; |
| --- | --- |

(d)

any relevant previous infringements and any other aggravating or mitigating factor applicable to the circumstances of the case;

Amendment 250

Amendment 250

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 3 — point e

Article 16 — paragraph 3 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | the degree of cooperation with the competent authority. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

the degree of cooperation with the competent authority.

| (e) | the degree of cooperation with the competent authority
  ; and |
| --- | --- |

(e)

the degree of cooperation with the competent authority
  ; and

; and

Amendment 251

Amendment 251

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 3 — point e a (new)

Article 16 — paragraph 3 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | the size and economic capacity of the political advertising service provider. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ea)

(ea)

the size and economic capacity of the political advertising service provider.

the size and economic capacity of the political advertising service provider.

Amendment 252

Amendment 252

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 4

Article 16 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Infringements of
  Article 7
  shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised. | 4.   Infringements of
  Articles 3a, 5, 7, 7a and 7b
  shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election
  or referendum
  is being organised. |
| | Member States may also impose periodic penalty payments to compel sponsors, providers of political advertising services and publishers to put to an end to a serious and repeated violation of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Infringements of
  Article 7
  shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised.

4.   Infringements of
  Articles 3a, 5, 7, 7a and 7b
  shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election
  or referendum
  is being organised.

Member States may also impose periodic penalty payments to compel sponsors, providers of political advertising services and publishers to put to an end to a serious and repeated violation of this Regulation.

Member States may also impose periodic penalty payments to compel sponsors, providers of political advertising services and publishers to put to an end to a serious and repeated violation of this Regulation.

Amendment 253

Amendment 253

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 4 a (new)

Article 16 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  National contact points shall notify the Commission of the type and the amount of the penalties imposed. Member States shall report annually on the type and amount of penalties imposed to enforce this Regulation. The Commission shall also periodically draw up a report for the purposes of Article 18 of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  National contact points shall notify the Commission of the type and the amount of the penalties imposed. Member States shall report annually on the type and amount of penalties imposed to enforce this Regulation. The Commission shall also periodically draw up a report for the purposes of Article 18 of this Regulation.

Amendment 254

Amendment 254

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 6

Article 16 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   For infringements of the obligations laid down in
  Article
  12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679
  may
  within their scope of competence impose administrative fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation. | 6.   For infringements of the obligations laid down in
  Articles - 12 and
  12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679
  and the European Data Protection Board may use the investigative and corrective powers laid down in that Regulation and
  within their scope of
  their
  competence impose administrative fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   For infringements of the obligations laid down in
  Article
  12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679
  may
  within their scope of competence impose administrative fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation.

6.   For infringements of the obligations laid down in
  Articles - 12 and
  12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679
  and the European Data Protection Board may use the investigative and corrective powers laid down in that Regulation and
  within their scope of
  their
  competence impose administrative fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation.

Amendment 255

Amendment 255

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 6 a (new)

Article 16 — paragraph 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6a.
     
  In case of particularly serious and systemic infringements of the obligations laid down in Articles - 12 and 12 by the sponsor, where the political advertising publisher is a very large online platform or a very large online search engine within the meaning of Article 33 of Regulation (EU) 2022/2065, the European Data Protection Board may order, for a strictly limited period of time, which does not exceed 15 days, the very large online platform or search engine not to provide targeting and ad delivery services for that particular sponsor, pursuant to Article 15(1a). Such suspension may be imposed in addition to or instead of an administrative fine. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6a.
     
  In case of particularly serious and systemic infringements of the obligations laid down in Articles - 12 and 12 by the sponsor, where the political advertising publisher is a very large online platform or a very large online search engine within the meaning of Article 33 of Regulation (EU) 2022/2065, the European Data Protection Board may order, for a strictly limited period of time, which does not exceed 15 days, the very large online platform or search engine not to provide targeting and ad delivery services for that particular sponsor, pursuant to Article 15(1a). Such suspension may be imposed in addition to or instead of an administrative fine.

Amendment 256

Amendment 256

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 7

Article 16 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   For infringements of the obligations laid down in
  Article
  12, the supervisory authority referred to in Article 52 of Regulation (EU) 2018/1725 may impose within
  its
  scope of competence administrative fines in line with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66 (3) of that Regulation. | 7.   For infringements of the obligations laid down in
  Articles - 12 and
  12, the supervisory authority referred to in Article 52 of Regulation (EU) 2018/1725 may
  use the investigative and corrective powers laid down in that Regulation and
  impose within
  the
  scope of
  its
  competence administrative fines in line with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66 (3) of that Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   For infringements of the obligations laid down in
  Article
  12, the supervisory authority referred to in Article 52 of Regulation (EU) 2018/1725 may impose within
  its
  scope of competence administrative fines in line with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66 (3) of that Regulation.

7.   For infringements of the obligations laid down in
  Articles - 12 and
  12, the supervisory authority referred to in Article 52 of Regulation (EU) 2018/1725 may
  use the investigative and corrective powers laid down in that Regulation and
  impose within
  the
  scope of
  its
  competence administrative fines in line with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66 (3) of that Regulation.

Amendment 257

Amendment 257

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 7 a (new)

Article 16 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7 a.
     
  Member States shall report annually to the Commission on the sanctions imposed to enforce the provisions of this Regulation, in particular on the type of sanctions applied and the amount of the administrative fines and financial penalties. The Commission shall summarise and evaluate those reports annually and use them for the review process under Article 18. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7 a.
     
  Member States shall report annually to the Commission on the sanctions imposed to enforce the provisions of this Regulation, in particular on the type of sanctions applied and the amount of the administrative fines and financial penalties. The Commission shall summarise and evaluate those reports annually and use them for the review process under Article 18.

Amendment 258

Amendment 258

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 7 b (new)

Article 16 — paragraph 7 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7 b.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 19 to introduce minimum sanctions across the Union for infringements of the obligations laid down in Articles - 12 and 12, paragraphs 1 to 1e, after having consulted competent authorities and other relevant stakeholders. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7 b.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 19 to introduce minimum sanctions across the Union for infringements of the obligations laid down in Articles - 12 and 12, paragraphs 1 to 1e, after having consulted competent authorities and other relevant stakeholders.

Amendment 259

Amendment 259

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 1

Article 18 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Within two years after each election to the European Parliament
  and for the first time by 31 December 2026 at the latest
  , the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public. | Within two years after each election to the European Parliament, the Commission shall submit a report on the evaluation and review of this Regulation
  to the European Parliament and to the Council
  . This report shall assess the need for amendment to this Regulation
  , in particular with regard to: |
| | (a) | the scope of the Regulation and definition of political advertising in Article 2 (2); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Within two years after each election to the European Parliament
  and for the first time by 31 December 2026 at the latest
  , the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public.

and for the first time by 31 December 2026 at the latest

Within two years after each election to the European Parliament, the Commission shall submit a report on the evaluation and review of this Regulation
  to the European Parliament and to the Council
  . This report shall assess the need for amendment to this Regulation
  , in particular with regard to:

to the European Parliament and to the Council

, in particular with regard to:

(a)

(a)

the scope of the Regulation and definition of political advertising in Article 2 (2);

the scope of the Regulation and definition of political advertising in Article 2 (2);

| (b) | the effectiveness of the transparency measures, especially the declaration and mechanisms to identify the political nature of an advertisement in Articles 5 and 5a; |
| --- | --- |

(b)

(b)

the effectiveness of the transparency measures, especially the declaration and mechanisms to identify the political nature of an advertisement in Articles 5 and 5a;

the effectiveness of the transparency measures, especially the declaration and mechanisms to identify the political nature of an advertisement in Articles 5 and 5a;

| (c) | the effectiveness of the supervision and enforcement structure and the need to introduce harmonised sanctions across the Union for infringements of the obligations laid down in this Regulation, and in particular the infringements referred to in Artricle 16(4); |
| --- | --- |

(c)

(c)

the effectiveness of the supervision and enforcement structure and the need to introduce harmonised sanctions across the Union for infringements of the obligations laid down in this Regulation, and in particular the infringements referred to in Artricle 16(4);

the effectiveness of the supervision and enforcement structure and the need to introduce harmonised sanctions across the Union for infringements of the obligations laid down in this Regulation, and in particular the infringements referred to in Artricle 16(4);

| (d) | the effectiveness of this Regulation in view of technological, scientific and other developments; |
| --- | --- |

(d)

(d)

the effectiveness of this Regulation in view of technological, scientific and other developments;

the effectiveness of this Regulation in view of technological, scientific and other developments;

| (e) | the interplay of this Regulation with the legal acts referred to in Article 1(4). |
| --- | --- |

(e)

(e)

the interplay of this Regulation with the legal acts referred to in Article 1(4).

the interplay of this Regulation with the legal acts referred to in Article 1(4).

The report shall be made public.

Amendment 260

Amendment 260

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 2

Article 19 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The power to adopt delegated acts referred to in Article
  7(8)
  and Article
  12(8)
  shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections]. | 2.   The power to adopt delegated acts referred to in Article
  7(1b), Article 7a(5) and (6), Article 7b(6)
  and Article
  9(4a)
  shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The power to adopt delegated acts referred to in Article
  7(8)
  and Article
  12(8)
  shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections].

2.   The power to adopt delegated acts referred to in Article
  7(1b), Article 7a(5) and (6), Article 7b(6)
  and Article
  9(4a)
  shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections].

Amendment 261

Amendment 261

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 3

Article 19 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The delegation of power referred to in Article
  7(8)
  and Article
  12(8)
  may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | 3.   The delegation of power referred to in Article
  7(1b), Article 7a(5) and (6), Article 7b(6)
  and Article
  9(4a)
  may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The delegation of power referred to in Article
  7(8)
  and Article
  12(8)
  may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.   The delegation of power referred to in Article
  7(1b), Article 7a(5) and (6), Article 7b(6)
  and Article
  9(4a)
  may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment 262

Amendment 262

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 3 a (new)

Article 19 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3 a.
     
  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3 a.
     
  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Amendment 263

Amendment 263

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 5

Article 19 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   A delegated act adopted pursuant to Article
  7(8) or
  Article
  12(8)
  shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. | 5.   A delegated act adopted pursuant to Article
  7(1b),
  Article
  7a(5) and (6), Article 7b(6) and Article 9(4a)
  shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   A delegated act adopted pursuant to Article
  7(8) or
  Article
  12(8)
  shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

5.   A delegated act adopted pursuant to Article
  7(1b),
  Article
  7a(5) and (6), Article 7b(6) and Article 9(4a)
  shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 264

Amendment 264

Proposal for a regulation

Proposal for a regulation

Article 19 a (new)

Article 19 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 19 a




  Committee procedure





  1.
     
  The Commission shall be assisted by a Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.






  2.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 19 a

Committee procedure

1.
     
  The Commission shall be assisted by a Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Amendment 265

Amendment 265

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 2

Article 20 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   It shall apply from
  1 April 2023
  . | 2.   It shall apply from
  [3 months after the entry into force of this Regulation]
  . |
| | However, Article 7b, paragraphs 1, 4 and 5 shall apply from [one year after the entry into force of this Regulation]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   It shall apply from
  1 April 2023
  .

2.   It shall apply from
  [3 months after the entry into force of this Regulation]
  .

However, Article 7b, paragraphs 1, 4 and 5 shall apply from [one year after the entry into force of this Regulation].

However, Article 7b, paragraphs 1, 4 and 5 shall apply from [one year after the entry into force of this Regulation].

Amendment 266

Amendment 266

Proposal for a regulation

Proposal for a regulation

Annex I — title

Annex I — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Information to be provided under Article
  7(2) | Information to be provided under Article
  7a(1) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Information to be provided under Article
  7(2)

7(2)

Information to be provided under Article
  7a(1)

7a(1)

Amendment 267

Amendment 267

Proposal for a regulation

Proposal for a regulation

Annex I — point a

Annex I — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | where the notice is not within the advertisement itself, an example/representation of the political advertisement or a link to it. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

where the notice is not within the advertisement itself, an example/representation of the political advertisement or a link to it.

| (a) | where the notice is not within
  or attached to
  the advertisement itself, an example/representation of the political advertisement or a link to it. |
| --- | --- |

(a)

where the notice is not within
  or attached to
  the advertisement itself, an example/representation of the political advertisement or a link to it.

or attached to

Amendment 268

Amendment 268

Proposal for a regulation

Proposal for a regulation

Annex I — point b

Annex I — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, telephone number
  and
  electronic mail address, and whether they are a natural or legal entity. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, telephone number
  and
  electronic mail address, and whether they are a natural or legal entity.

and

| (b) | the identity and place of establishment of the sponsor on behalf of whom the advertisement is
  prepared, placed, promoted, published, delivered or
  disseminated including their name, address, telephone number
  or
  electronic mail address, and whether they are a natural or legal entity. |
| --- | --- |

(b)

the identity and place of establishment of the sponsor on behalf of whom the advertisement is
  prepared, placed, promoted, published, delivered or
  disseminated including their name, address, telephone number
  or
  electronic mail address, and whether they are a natural or legal entity.

prepared, placed, promoted, published, delivered or

or

Amendment 269

Amendment 269

Proposal for a regulation

Proposal for a regulation

Annex I — point c

Annex I — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the period during which the political advertisement is disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the period during which the political advertisement is disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past.

| (c) | the period during which the political advertisement is
  delivered or
  disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past. |
| --- | --- |

(c)

the period during which the political advertisement is
  delivered or
  disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past.

delivered or

Amendment 270

Amendment 270

Proposal for a regulation

Proposal for a regulation

Annex I — point d

Annex I — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | any election with which the advertising is linked, if applicable. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

any election with which the advertising is linked, if applicable.

| (d) | any election
  , referendum, legislative or regulatory process
  with which the advertising is linked, if applicable. |
| --- | --- |

(d)

any election
  , referendum, legislative or regulatory process
  with which the advertising is linked, if applicable.

, referendum, legislative or regulatory process

Amendment 271

Amendment 271

Proposal for a regulation

Proposal for a regulation

Annex I — point e

Annex I — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | the
  provisional
  aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

the
  provisional
  aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known.

provisional

| (e) | the aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication
  , delivery
  and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known. |
| --- | --- |

(e)

the aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication
  , delivery
  and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known.

, delivery

Amendment 272

Amendment 272

Proposal for a regulation

Proposal for a regulation

Annex I — point f

Annex I — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | the
  sources
  of the
  funds
  being used for the specific advertising campaign including for the preparation, placement, promotion, publication and dissemination of the political advertisements. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

the
  sources
  of the
  funds
  being used for the specific advertising campaign including for the preparation, placement, promotion, publication and dissemination of the political advertisements.

sources

funds

| (f) | the
  origin
  of the
  amounts and other benefits
  being used for the specific advertising campaign including for the preparation, placement, promotion, publication
  , delivery
  and dissemination of the political advertisements. |
| --- | --- |

(f)

the
  origin
  of the
  amounts and other benefits
  being used for the specific advertising campaign including for the preparation, placement, promotion, publication
  , delivery
  and dissemination of the political advertisements.

origin

amounts and other benefits

, delivery

Amendment 273

Amendment 273

Proposal for a regulation

Proposal for a regulation

Annex I — point h

Annex I — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | where the publisher is a very large online platform,
  a link to the advertisement’s location in the
  publisher’s advertising
  repository. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

where the publisher is a very large online platform,
  a link to the advertisement’s location in the
  publisher’s advertising
  repository.

where the publisher is a very large online platform,

publisher’s advertising

| (h) | a link to the advertisement’s location in the
  European
  Repository
  for Online Political Advertisements
  . |
| --- | --- |

(h)

a link to the advertisement’s location in the
  European
  Repository
  for Online Political Advertisements
  .

European

for Online Political Advertisements

Amendment 274

Amendment 274

Proposal for a regulation

Proposal for a regulation

Annex II

Annex II

| Text proposed by the Commission | Amendment |
| --- | --- |
| Information to be provided under Article 12(3) | deleted |
| (a) | the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is disseminated, with the same level of detail as used for the targeting, the categories of personal data used for the targeting and amplification, the targeting and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing these parameters. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Information to be provided under Article 12(3)

Information to be provided under Article 12(3)

deleted

deleted

(a)

(a)

the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is disseminated, with the same level of detail as used for the targeting, the categories of personal data used for the targeting and amplification, the targeting and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing these parameters.

the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is disseminated, with the same level of detail as used for the targeting, the categories of personal data used for the targeting and amplification, the targeting and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing these parameters.

| (b) | the period of dissemination, the number of individuals to whom the advertisement is disseminated and indications of the size of the targeted audience within the relevant electorate. |
| --- | --- |

(b)

(b)

the period of dissemination, the number of individuals to whom the advertisement is disseminated and indications of the size of the targeted audience within the relevant electorate.

the period of dissemination, the number of individuals to whom the advertisement is disseminated and indications of the size of the targeted audience within the relevant electorate.

| (c) | the source of the personal data referred to in point (a), including, where applicable, information that the personal data was derived, inferred, or obtained from a third party and its identity as well as a link to the data protection notice of that third party for the processing at stake. |
| --- | --- |

(c)

(c)

the source of the personal data referred to in point (a), including, where applicable, information that the personal data was derived, inferred, or obtained from a third party and its identity as well as a link to the data protection notice of that third party for the processing at stake.

the source of the personal data referred to in point (a), including, where applicable, information that the personal data was derived, inferred, or obtained from a third party and its identity as well as a link to the data protection notice of that third party for the processing at stake.

| (d) | a link to effective means to support individuals’ exercise of their rights under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable, in the context of targeting and amplification of political advertising on the basis of their personal data. |
| --- | --- |

(d)

(d)

a link to effective means to support individuals’ exercise of their rights under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable, in the context of targeting and amplification of political advertising on the basis of their personal data.

a link to effective means to support individuals’ exercise of their rights under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable, in the context of targeting and amplification of political advertising on the basis of their personal data.

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(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0009/2023).

1

(1a)  
  Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).

1a

Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).

(11)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

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(12)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

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(11)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

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(12)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

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(13)  Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1).

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(13)  Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1).

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