# Official Journal C 125/5 Ap

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 125 |
| | |
| English edition | Information and Notices | Volume 665 April 2023 |

ISSN 1977-091X

Official Journal

of the European Union

C 125

English edition

Information and Notices

Volume 665 April 2023

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| Contents | page |
| --- | --- |
| | |
| | EUROPEAN PARLIAMENT
  2022-2023 SESSIONSittings of 12 to 15 September 2022TEXTS ADOPTED | 1 |

Contents

page

EUROPEAN PARLIAMENT
  2022-2023 SESSIONSittings of 12 to 15 September 2022TEXTS ADOPTED

EUROPEAN PARLIAMENT

1

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| | I   Resolutions, recommendations and opinions |
| --- | --- |
| | RESOLUTIONS |
| | European Parliament |
| | Tuesday 13 September 2022 |
| 2023/C 125/01 | European Parliament resolution of 13 September 2022 with recommendations to the Commission on Responsible private funding of litigation (2020/2130(INL)) | 2 |
| 2023/C 125/02 | European Parliament resolution of 13 September 2022 on a new EU Forest Strategy for 2030 — Sustainable Forest Management in Europe (2022/2016(INI)) | 23 |
| 2023/C 125/03 | European Parliament resolution of 13 September 2022 on the impact of COVID-19 closures of educational, cultural, youth and sports activities on children and young people in the EU (2022/2004(INI)) | 44 |
| | Wednesday 14 September 2022 |
| 2023/C 125/04 | European Parliament resolution of 14 September 2022 on the new European Bauhaus (2021/2255(INI)) | 56 |
| | Thursday 15 September 2022 |
| 2023/C 125/05 | European Parliament resolution of 15 September 2022 on human rights violations in the context of the forced deportation of Ukrainian civilians to and the forced adoption of Ukrainian children in Russia (2022/2825(RSP)) | 67 |
| 2023/C 125/06 | European Parliament resolution of 15 September 2022 on violations of human rights in Uganda and Tanzania linked to investments in fossil fuels projects (2022/2826(RSP)) | 72 |
| 2023/C 125/07 | European Parliament resolution of 15 September 2022 on Nicaragua, in particular the arrest of the bishop Rolando Álvarez (2022/2827(RSP)) | 76 |
| 2023/C 125/08 | European Parliament resolution of 15 September 2022 on the situation of fundamental rights in the European Union in 2020 and 2021 (2021/2186(INI)) | 80 |
| 2023/C 125/09 | European Parliament resolution of 15 September 2022 on economic, social and territorial cohesion in the EU: the 8th Cohesion Report (2022/2032(INI)) | 100 |
| 2023/C 125/10 | European Parliament resolution of 15 September 2022 on EU border regions: living labs of European integration (2021/2202(INI)) | 114 |
| 2023/C 125/11 | European Parliament resolution of 15 September 2022 on the implementation of the Updated New Industrial Strategy for Europe: aligning spending to policy (2022/2008(INI)) | 124 |
| 2023/C 125/12 | European Parliament resolution of 15 September 2022 on the consequences of drought, fire, and other extreme weather phenomena: increasing the EU’s efforts to fight climate change (2022/2829(RSP)) | 135 |
| 2023/C 125/13 | European Parliament resolution of 15 September 2022 on the situation in the Strait of Taiwan (2022/2822(RSP)) | 149 |
| | RECOMMENDATIONS |
| | European Parliament |
| | Wednesday 14 September 2022 |
| 2023/C 125/14 | European Parliament recommendation of 14 September 2022 to the Commission and the Commission Vice-President / High Representative of the Union for Foreign Affairs and Security Policy on the renewed partnership with the Southern Neighbourhood — a new agenda for the Mediterranean (2022/2007(INI)) | 154 |

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 13 September 2022

2023/C 125/01

European Parliament resolution of 13 September 2022 with recommendations to the Commission on Responsible private funding of litigation (2020/2130(INL))

2

2023/C 125/02

European Parliament resolution of 13 September 2022 on a new EU Forest Strategy for 2030 — Sustainable Forest Management in Europe (2022/2016(INI))

23

2023/C 125/03

European Parliament resolution of 13 September 2022 on the impact of COVID-19 closures of educational, cultural, youth and sports activities on children and young people in the EU (2022/2004(INI))

44

Wednesday 14 September 2022

2023/C 125/04

European Parliament resolution of 14 September 2022 on the new European Bauhaus (2021/2255(INI))

56

Thursday 15 September 2022

2023/C 125/05

European Parliament resolution of 15 September 2022 on human rights violations in the context of the forced deportation of Ukrainian civilians to and the forced adoption of Ukrainian children in Russia (2022/2825(RSP))

67

2023/C 125/06

European Parliament resolution of 15 September 2022 on violations of human rights in Uganda and Tanzania linked to investments in fossil fuels projects (2022/2826(RSP))

72

2023/C 125/07

European Parliament resolution of 15 September 2022 on Nicaragua, in particular the arrest of the bishop Rolando Álvarez (2022/2827(RSP))

76

2023/C 125/08

European Parliament resolution of 15 September 2022 on the situation of fundamental rights in the European Union in 2020 and 2021 (2021/2186(INI))

80

2023/C 125/09

European Parliament resolution of 15 September 2022 on economic, social and territorial cohesion in the EU: the 8th Cohesion Report (2022/2032(INI))

100

2023/C 125/10

European Parliament resolution of 15 September 2022 on EU border regions: living labs of European integration (2021/2202(INI))

114

2023/C 125/11

European Parliament resolution of 15 September 2022 on the implementation of the Updated New Industrial Strategy for Europe: aligning spending to policy (2022/2008(INI))

124

2023/C 125/12

European Parliament resolution of 15 September 2022 on the consequences of drought, fire, and other extreme weather phenomena: increasing the EU’s efforts to fight climate change (2022/2829(RSP))

135

2023/C 125/13

European Parliament resolution of 15 September 2022 on the situation in the Strait of Taiwan (2022/2822(RSP))

149

RECOMMENDATIONS

European Parliament

Wednesday 14 September 2022

2023/C 125/14

European Parliament recommendation of 14 September 2022 to the Commission and the Commission Vice-President / High Representative of the Union for Foreign Affairs and Security Policy on the renewed partnership with the Southern Neighbourhood — a new agenda for the Mediterranean (2022/2007(INI))

154

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| | III   Preparatory acts |
| --- | --- |
| | European Parliament |
| | Tuesday 13 September 2022 |
| 2023/C 125/15 | P9_TA(2022)0303Uniform procedures for checks on the transport of dangerous goods by road (codification) ***IEuropean Parliament legislative resolution of 13 September 2022 on the proposal for a directive of the European Parliament and of the Council on uniform procedures for checks on the transport of dangerous goods by road (codification) (COM(2021)0483 — C9-0347/2021 — 2021/0275(COD))P9_TC1-COD(2021)0275Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Directive (EU) 2022/... of the European Parliament and of the Council on uniform procedures for checks on the transport of dangerous goods by road (codification) | 166 |
| 2023/C 125/16 | European Parliament legislative resolution of 13 September 2022 on the draft Council decision concerning the conclusion of the amendments to the International Sugar Agreement, 1992 (07978/2022 — C9-0181/2022 — 2022/0082(NLE)) | 167 |
| 2023/C 125/17 | European Parliament legislative resolution of 13 September 2022 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (05657/2022 — C9-0166/2022 — 2022/0014(NLE)) | 168 |
| 2023/C 125/18 | European Parliament resolution of 13 September 2022 on the Council position on Draft amending budget No 2/2022 of the European Union for the financial year 2022 — Entering the surplus of the financial year 2021 (11467/2022 — C9-0297/2022 — 2022/0119(BUD)) | 169 |
| 2023/C 125/19 | P9_TA(2022)0307Amendments to the Capital Requirements Regulation in the area of resolution (daisy chain proposal) ***IEuropean Parliament legislative resolution of 13 September 2022 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 575/2013 and Directive 2014/59/EU as regards the prudential treatment of global systemically important institution groups with a multiple point of entry resolution strategy and a methodology for the indirect subscription of instruments eligible for meeting the minimum requirement for own funds and eligible liabilities (COM(2021)0665 — C9-0398/2021 — 2021/0343(COD))P9_TC1-COD(2021)0343Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council amending Regulation (EU) No 575/2013 and Directive 2014/59/EU as regards the prudential treatment of global systemically important institutions with a multiple-point-of-entry resolution strategy and methods for the indirect subscription of instruments eligible for meeting the minimum requirement for own funds and eligible liabilities | 171 |
| 2023/C 125/20 | European Parliament resolution of 13 September 2022 on the 2021 proposal for a revision of the Multiannual Financial Framework (COM(2021)0569 — 2021/0429R(APP)) | 172 |
| 2023/C 125/21 | Amendments adopted by the European Parliament on 13 September 2022 on the proposal for a regulation of the European Parliament and of the Council on making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 (COM(2021)0706 — C9-0430/2021 — 2021/0366(COD)) | 180 |
| 2023/C 125/22 | P9_TA(2022)0312Conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (NAFO) ***IEuropean Parliament legislative resolution of 13 September 2022 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (COM(2022)0051 — C9-0046/2022 — 2022/0035(COD))P9_TC1-COD(2022)0035Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation | 293 |
| 2023/C 125/23 | P9_TA(2022)0313Western and Central Pacific Fisheries Convention Area: conservation and management measures ***IEuropean Parliament legislative resolution of 13 September 2022 on the proposal for a regulation of the European Parliament and of the Council laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007 (COM(2021)0198 — C9-0153/2021 — 2021/0103(COD))P9_TC1-COD(2021)0103Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007 | 294 |
| | Wednesday 14 September 2022 |
| 2023/C 125/24 | Amendments adopted by the European Parliament on 14 September 2022 on the proposal for a directive of the European Parliament and of the Council on energy efficiency (recast) (COM(2021)0558 — C9-0330/2021 — 2021/0203(COD))[Amendment 1, unless otherwise indicated] | 295 |
| 2023/C 125/25 | P9_TA(2022)0316Adequate minimum wages in the European Union ***IEuropean Parliament legislative resolution of 14 September 2022 on the proposal for a directive of the European Parliament and of the Council on adequate minimum wages in the European Union (COM(2020)0682 — C9-0337/2020 — 2020/0310(COD))P9_TC1-COD(2020)0310Position of the European Parliament adopted at first reading on 14 September 2022 with a view to the adoption of Directive (EU) 2022/... of the European Parliament and of the Council on adequate minimum wages in the European Union | 397 |
| 2023/C 125/26 | Amendments adopted by the European Parliament on 14 September 2022 on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652 (COM(2021)0557 — C9-0329/2021 — 2021/0218(COD))[Amendment 1, unless otherwise indicated] | 398 |
| | Thursday 15 September 2022 |
| 2023/C 125/27 | P9_TA(2022)0323Exceptional macro-financial assistance to Ukraine and reinforcing the common provisioning fund ***IEuropean Parliament legislative resolution of 15 September 2022 on the proposal for a decision of the European Parliament and of the Council providing exceptional macro-financial assistance to Ukraine, reinforcing the Common Provisioning Fund by guarantees by the Member States and by specific provisioning for some financial liabilities related to Ukraine guaranteed under Decision No 466/2014/EU, and amending Decision (EU) 2022/1201 (COM(2022)0557 — C9-0303/2022 — 2022/0281(COD))P9_TC1-COD(2022)0281Position of the European Parliament adopted at first reading on 15 September 2022 with a view to the adoption of Decision (EU) 2022/... of the European Parliament and of the Council providing exceptional macro-financial assistance to Ukraine, reinforcing the common provisioning fund by guarantees by Member States and by specific provisioning for some financial liabilities related to Ukraine guaranteed under Decision No 466/2014/EU, and amending Decision (EU) 2022/1201 | 462 |
| 2023/C 125/28 | European Parliament resolution of 15 September 2022 on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded (2018/0902R(NLE)) | 463 |
| 2023/C 125/29 | Amendments adopted by the European Parliament on 15 September 2022 on the proposal for a regulation of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (recast) (COM(2021)0734 — C9-0432/2021 — 2021/0375(COD)) | 485 |

III   Preparatory acts

European Parliament

Tuesday 13 September 2022

2023/C 125/15

P9_TA(2022)0303Uniform procedures for checks on the transport of dangerous goods by road (codification) ***IEuropean Parliament legislative resolution of 13 September 2022 on the proposal for a directive of the European Parliament and of the Council on uniform procedures for checks on the transport of dangerous goods by road (codification) (COM(2021)0483 — C9-0347/2021 — 2021/0275(COD))P9_TC1-COD(2021)0275Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Directive (EU) 2022/... of the European Parliament and of the Council on uniform procedures for checks on the transport of dangerous goods by road (codification)

166

2023/C 125/16

European Parliament legislative resolution of 13 September 2022 on the draft Council decision concerning the conclusion of the amendments to the International Sugar Agreement, 1992 (07978/2022 — C9-0181/2022 — 2022/0082(NLE))

167

2023/C 125/17

European Parliament legislative resolution of 13 September 2022 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (05657/2022 — C9-0166/2022 — 2022/0014(NLE))

168

2023/C 125/18

European Parliament resolution of 13 September 2022 on the Council position on Draft amending budget No 2/2022 of the European Union for the financial year 2022 — Entering the surplus of the financial year 2021 (11467/2022 — C9-0297/2022 — 2022/0119(BUD))

169

2023/C 125/19

P9_TA(2022)0307Amendments to the Capital Requirements Regulation in the area of resolution (daisy chain proposal) ***IEuropean Parliament legislative resolution of 13 September 2022 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 575/2013 and Directive 2014/59/EU as regards the prudential treatment of global systemically important institution groups with a multiple point of entry resolution strategy and a methodology for the indirect subscription of instruments eligible for meeting the minimum requirement for own funds and eligible liabilities (COM(2021)0665 — C9-0398/2021 — 2021/0343(COD))P9_TC1-COD(2021)0343Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council amending Regulation (EU) No 575/2013 and Directive 2014/59/EU as regards the prudential treatment of global systemically important institutions with a multiple-point-of-entry resolution strategy and methods for the indirect subscription of instruments eligible for meeting the minimum requirement for own funds and eligible liabilities

171

2023/C 125/20

European Parliament resolution of 13 September 2022 on the 2021 proposal for a revision of the Multiannual Financial Framework (COM(2021)0569 — 2021/0429R(APP))

172

2023/C 125/21

Amendments adopted by the European Parliament on 13 September 2022 on the proposal for a regulation of the European Parliament and of the Council on making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 (COM(2021)0706 — C9-0430/2021 — 2021/0366(COD))

180

2023/C 125/22

P9_TA(2022)0312Conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (NAFO) ***IEuropean Parliament legislative resolution of 13 September 2022 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (COM(2022)0051 — C9-0046/2022 — 2022/0035(COD))P9_TC1-COD(2022)0035Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

293

2023/C 125/23

P9_TA(2022)0313Western and Central Pacific Fisheries Convention Area: conservation and management measures ***IEuropean Parliament legislative resolution of 13 September 2022 on the proposal for a regulation of the European Parliament and of the Council laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007 (COM(2021)0198 — C9-0153/2021 — 2021/0103(COD))P9_TC1-COD(2021)0103Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007

294

Wednesday 14 September 2022

2023/C 125/24

Amendments adopted by the European Parliament on 14 September 2022 on the proposal for a directive of the European Parliament and of the Council on energy efficiency (recast) (COM(2021)0558 — C9-0330/2021 — 2021/0203(COD))[Amendment 1, unless otherwise indicated]

295

2023/C 125/25

P9_TA(2022)0316Adequate minimum wages in the European Union ***IEuropean Parliament legislative resolution of 14 September 2022 on the proposal for a directive of the European Parliament and of the Council on adequate minimum wages in the European Union (COM(2020)0682 — C9-0337/2020 — 2020/0310(COD))P9_TC1-COD(2020)0310Position of the European Parliament adopted at first reading on 14 September 2022 with a view to the adoption of Directive (EU) 2022/... of the European Parliament and of the Council on adequate minimum wages in the European Union

397

2023/C 125/26

Amendments adopted by the European Parliament on 14 September 2022 on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652 (COM(2021)0557 — C9-0329/2021 — 2021/0218(COD))[Amendment 1, unless otherwise indicated]

398

Thursday 15 September 2022

2023/C 125/27

P9_TA(2022)0323Exceptional macro-financial assistance to Ukraine and reinforcing the common provisioning fund ***IEuropean Parliament legislative resolution of 15 September 2022 on the proposal for a decision of the European Parliament and of the Council providing exceptional macro-financial assistance to Ukraine, reinforcing the Common Provisioning Fund by guarantees by the Member States and by specific provisioning for some financial liabilities related to Ukraine guaranteed under Decision No 466/2014/EU, and amending Decision (EU) 2022/1201 (COM(2022)0557 — C9-0303/2022 — 2022/0281(COD))P9_TC1-COD(2022)0281Position of the European Parliament adopted at first reading on 15 September 2022 with a view to the adoption of Decision (EU) 2022/... of the European Parliament and of the Council providing exceptional macro-financial assistance to Ukraine, reinforcing the common provisioning fund by guarantees by Member States and by specific provisioning for some financial liabilities related to Ukraine guaranteed under Decision No 466/2014/EU, and amending Decision (EU) 2022/1201

462

2023/C 125/28

European Parliament resolution of 15 September 2022 on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded (2018/0902R(NLE))

463

2023/C 125/29

Amendments adopted by the European Parliament on 15 September 2022 on the proposal for a regulation of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (recast) (COM(2021)0734 — C9-0432/2021 — 2021/0375(COD))

485

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| Key to symbols used






  - | Consultation procedure |
| --- | --- |
| *** | Consent procedure |
| ***I | Ordinary legislative procedure: first reading |
| ***II | Ordinary legislative procedure: second reading |
| ***III | Ordinary legislative procedure: third reading |

Key to symbols used

*

Consultation procedure

***

Consent procedure

***I

Ordinary legislative procedure: first reading

***II

Ordinary legislative procedure: second reading

***III

Ordinary legislative procedure: third reading

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments by Parliament:

New text is highlighted in
  bold italics
  . Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in
  bold italics
  and by deleting or striking out the text that has been replaced.

bold italics

bold italics

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EN

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5.4.2023

| 5.4.2023 | EN | Official Journal of the European Union | C 125/1 |
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EN

Official Journal of the European Union

C 125/1

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EUROPEAN PARLIAMENT

2022-2023 SESSION

Sittings of 12 to 15 September 2022

TEXTS ADOPTED

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 13 September 2022

| 5.4.2023 | EN | Official Journal of the European Union | C 125/2 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/2

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P9_TA(2022)0308

Responsible private funding of litigation

European Parliament resolution of 13 September 2022 with recommendations to the Commission on Responsible private funding of litigation (2020/2130(INL))

(2023/C 125/01)

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 225 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 47 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Article 47 of the Charter of Fundamental Rights of the European Union,

| — | having regard to Article 5 of the Decision of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (1), |
| --- | --- |

—

having regard to Article 5 of the Decision of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (1),

| — | having regard to 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 (2), |
| --- | --- |

—

having regard to 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 (2),

| — | having regard to Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law, |
| --- | --- |

—

having regard to Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law,

| — | having regard to the Study conducted by the European Parliament Research Service ‘Responsible Private Funding of Litigation’ of March 2021, |
| --- | --- |

—

having regard to the Study conducted by the European Parliament Research Service ‘Responsible Private Funding of Litigation’ of March 2021,

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

—

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

| — | having regard to the report of the Committee on Legal Affairs (A9-0218/2022), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A9-0218/2022),

| A. | whereas Member States have a primary responsibility to make adequate legal aid available to those who lack sufficient resources with a view to ensuring access to justice for all, in line with Article 47 of the Charter of Fundamental Rights of the European Union; whereas public legal aid and public prosecution are and must remain the central mechanisms to guarantee the fundamental right to an effective remedy and to a fair trial; |
| --- | --- |

A.

whereas Member States have a primary responsibility to make adequate legal aid available to those who lack sufficient resources with a view to ensuring access to justice for all, in line with Article 47 of the Charter of Fundamental Rights of the European Union; whereas public legal aid and public prosecution are and must remain the central mechanisms to guarantee the fundamental right to an effective remedy and to a fair trial;

| B. | whereas commercial third party litigation funding (TPLF) is a growing practice whereby private investors (‘litigation funders’) who are not a party to a dispute invest for profit in legal proceedings and pay legal and other expenses, in exchange for a share of any eventual award; whereas collective redress is only one type of litigation in which TPLF is currently used, with other examples being arbitration, insolvency proceedings, investment recovery, anti-trust claims and others; |
| --- | --- |

B.

whereas commercial third party litigation funding (TPLF) is a growing practice whereby private investors (‘litigation funders’) who are not a party to a dispute invest for profit in legal proceedings and pay legal and other expenses, in exchange for a share of any eventual award; whereas collective redress is only one type of litigation in which TPLF is currently used, with other examples being arbitration, insolvency proceedings, investment recovery, anti-trust claims and others;

| C. | whereas TPLF could, if properly regulated, be used more often as a tool to support access to justice, especially in countries where legal costs are very high or for women and marginalised groups with additional funding barriers; whereas TPLF could also increasingly help to ensure that public interest cases are brought to court and to reduce significant economic imbalances that exist between corporations and those citizens seeking redress, and thereby ensure appropriate corporate accountability; |
| --- | --- |

C.

whereas TPLF could, if properly regulated, be used more often as a tool to support access to justice, especially in countries where legal costs are very high or for women and marginalised groups with additional funding barriers; whereas TPLF could also increasingly help to ensure that public interest cases are brought to court and to reduce significant economic imbalances that exist between corporations and those citizens seeking redress, and thereby ensure appropriate corporate accountability;

| D. | whereas the British Institute of International and Comparative Law (BIICL) report on the ‘State of Collective Redress in the EU in the context of the Commission Recommendation’ highlights that in some Member States, third party funding has become an essential factor in the realisation of collective redress (3); whereas the Commission Report COM(2018)0040 on the implementation of the 2013 non-binding recommendations on collective redress highlights the fact that TPLF is a key aspect of collective redress (4), which has an important cross-border dimension; |
| --- | --- |

D.

whereas the British Institute of International and Comparative Law (BIICL) report on the ‘State of Collective Redress in the EU in the context of the Commission Recommendation’ highlights that in some Member States, third party funding has become an essential factor in the realisation of collective redress (3); whereas the Commission Report COM(2018)0040 on the implementation of the 2013 non-binding recommendations on collective redress highlights the fact that TPLF is a key aspect of collective redress (4), which has an important cross-border dimension;

| E. | whereas litigation funders involved in legal proceedings may act in their own economic interest, rather than in the interest of claimants; whereas they may seek to control the litigation and demand an outcome that pays them the greatest return and in the shortest amount of time (5); whereas it is essential to ensure that adequate damages are paid to victims; |
| --- | --- |

E.

whereas litigation funders involved in legal proceedings may act in their own economic interest, rather than in the interest of claimants; whereas they may seek to control the litigation and demand an outcome that pays them the greatest return and in the shortest amount of time (5); whereas it is essential to ensure that adequate damages are paid to victims;

| F. | whereas, while TPLF is virtually non-existent in Europe, it is a booming phenomenon in investment arbitration that multiplies the number and the volume of claims of private investors against States; |
| --- | --- |

F.

whereas, while TPLF is virtually non-existent in Europe, it is a booming phenomenon in investment arbitration that multiplies the number and the volume of claims of private investors against States;

| G. | whereas, according to the available data, litigation funders may, in certain Member States, demand a disproportionate share of the proceeds that exceed the typical returns of other types of investments; whereas the amounts claimed by litigation funders normally range across the Union from 20 % to 50 % of the award (6), but outside the Union such claims can in some cases represent returns on investment of up to 300 %; whereas rules should be introduced to ensure that the fees paid to litigation funders are proportionate and the award is granted first to the claimants, before the fee is paid to the litigation funder; |
| --- | --- |

G.

whereas, according to the available data, litigation funders may, in certain Member States, demand a disproportionate share of the proceeds that exceed the typical returns of other types of investments; whereas the amounts claimed by litigation funders normally range across the Union from 20 % to 50 % of the award (6), but outside the Union such claims can in some cases represent returns on investment of up to 300 %; whereas rules should be introduced to ensure that the fees paid to litigation funders are proportionate and the award is granted first to the claimants, before the fee is paid to the litigation funder;

| H. | whereas TPLF is not the only way to facilitate access to justice, and other instruments, such as legal aid or legal cost insurance, are available to facilitate such access, and extrajudicial remedies also exist to seek redress, such as mediation, ADR/ODR, the Ombudsman or through grievance systems managed by companies; whereas those solutions could result in faster and more adequate compensation for claimants although such remedies are not always necessarily effective enough in providing adequate redress; whereas claimants should always be given the possibility of directly seeking a judicial remedy; |
| --- | --- |

H.

whereas TPLF is not the only way to facilitate access to justice, and other instruments, such as legal aid or legal cost insurance, are available to facilitate such access, and extrajudicial remedies also exist to seek redress, such as mediation, ADR/ODR, the Ombudsman or through grievance systems managed by companies; whereas those solutions could result in faster and more adequate compensation for claimants although such remedies are not always necessarily effective enough in providing adequate redress; whereas claimants should always be given the possibility of directly seeking a judicial remedy;

| I. | whereas TPLF is prevalent in Australia, the USA, Canada, the United Kingdom and the Netherlands, and it is regarded by some as a key factor in ensuring that access to justice is available (7), nevertheless, there are also concerns about abusive practices in some jurisdictions; whereas, empirical data (8) show that litigation funders most often select cases that represent the best potential returns, and would not invest in cases they regard as too risky or not profitable enough; |
| --- | --- |

I.

whereas TPLF is prevalent in Australia, the USA, Canada, the United Kingdom and the Netherlands, and it is regarded by some as a key factor in ensuring that access to justice is available (7), nevertheless, there are also concerns about abusive practices in some jurisdictions; whereas, empirical data (8) show that litigation funders most often select cases that represent the best potential returns, and would not invest in cases they regard as too risky or not profitable enough;

| J. | whereas the number of litigation funders is hard to determine, with at least 45 such funders known to operate in the Union; whereas, although in most Member States, the practice of TPLF has so far been limited in its extent, it is expected to play a growing role in the coming years, but it remains largely unregulated in the Union, despite the fact that it could present not only benefits, but also material risks to the administration of justice that need to be addressed; |
| --- | --- |

J.

whereas the number of litigation funders is hard to determine, with at least 45 such funders known to operate in the Union; whereas, although in most Member States, the practice of TPLF has so far been limited in its extent, it is expected to play a growing role in the coming years, but it remains largely unregulated in the Union, despite the fact that it could present not only benefits, but also material risks to the administration of justice that need to be addressed;

| K. | whereas in the current regulatory vacuum there is a risk that litigation funders operate in a non-transparent manner, with the result that courts could, on occasion, make awards to claimants without realising that a share of the award, which might sometimes be disproportionate, will subsequently be redirected to litigation funders at the expense of claimants; whereas such lack of transparency could also mean that even the potential beneficiaries have little or no knowledge about the distribution of awards or the funding agreements, in particular where an opt-out mechanism within collective redress systems applies; whereas, in the absence of common minimum standards at Union level, there is a risk of fragmentation and regulatory imbalances in the area of litigation funding; |
| --- | --- |

K.

whereas in the current regulatory vacuum there is a risk that litigation funders operate in a non-transparent manner, with the result that courts could, on occasion, make awards to claimants without realising that a share of the award, which might sometimes be disproportionate, will subsequently be redirected to litigation funders at the expense of claimants; whereas such lack of transparency could also mean that even the potential beneficiaries have little or no knowledge about the distribution of awards or the funding agreements, in particular where an opt-out mechanism within collective redress systems applies; whereas, in the absence of common minimum standards at Union level, there is a risk of fragmentation and regulatory imbalances in the area of litigation funding;

| L. | whereas Directive (EU) 2020/1828 identifies opportunities and lays down safeguards relating to litigation funding, which are, however, limited to representative actions on behalf of consumers within the remit of that Directive, and therefore does not regulate other types of action, such as those related to business or human rights, or categories of claimants, such as human rights organisations or workers; whereas effective measures and safeguards should apply to all types of claims; |
| --- | --- |

L.

whereas Directive (EU) 2020/1828 identifies opportunities and lays down safeguards relating to litigation funding, which are, however, limited to representative actions on behalf of consumers within the remit of that Directive, and therefore does not regulate other types of action, such as those related to business or human rights, or categories of claimants, such as human rights organisations or workers; whereas effective measures and safeguards should apply to all types of claims;

Introduction

| 1. | Observes that, although recourse to third party litigation funding is still limited, it is an expanding practice in the Union, which plays an increasing role in the justice systems of some Member States, as well as in the way European citizens can access justice, particularly as regards cross-border cases. Notes that litigation funding is so far largely unregulated at Union level; |
| --- | --- |

1.

| 2. | Notes that regulating TPLF should go hand in hand with policies enhancing access to justice for claimants, such as by lowering legal costs, by providing adequate public funding to civil society organisations, including consumer protection organisations, or by promoting other practices such as legal aid or crowdfunding; calls on Member States to exchange best practice on this matter and to draw on the measures referred to in Article 20 of Directive (EU) 2020/1828 when it comes to ensuring effective access to justice; |
| --- | --- |

2.

| 3. | Is convinced that in order to ensure access to justice for all and that justice systems prioritise redress for injured parties, and not the interests of private investors who might only be seeking commercial opportunities from legal disputes, it is necessary to establish common minimum standards at Union level, which address the key aspects relevant to TPLF, including transparency, fairness, and proportionality; |
| --- | --- |

3.

| 4. | Stresses that the aim of such a regulatory regime would be to regulate litigation funding activities by litigation funders. Points out that such a regime should regulate funding activities in relation to all types of claims, regardless of the claims’ nature, and that it should be without prejudice to existing international, Union and national law allowing claims to be brought, in particular law on the protection of the collective interests of consumers, on environmental protection, and law governing insolvency proceedings or liability; |
| --- | --- |

4.

| 5. | Believes that establishing Union common minimum standards for TPLF will allow legislators to exercise effective oversight and adequately ensure that the interests of claimants are protected. Points out that voluntary regulatory mechanisms and codes of conduct can play a positive role, but so far have not been subscribed to by the large majority of funders, leaving claimants significantly exposed; |
| --- | --- |

5.

Regulation and supervision of litigation funders

| 6. | Recommends the establishment of a system of authorisation for litigation funders, thereby ensuring that effective opportunities are provided to claimants to make use of TPLF and that adequate safeguards are put in place, including through the introduction of corporate governance requirements and supervisory powers to protect claimants and to ensure that funding is only provided by entities that are committed to complying with minimum standards in terms of transparency, independence, governance and capital adequacy, and to observing a fiduciary relationship vis-à-vis claimants and intended beneficiaries; stresses the need to ensure that this system does not create an excessive administrative burden for Member States or for litigation funders; |
| --- | --- |

6.

Ethical issues

| 7. | Recommends that litigation funders be obliged to respect a fiduciary duty of care requiring them to act in the best interests of a claimant. Believes that litigation funders cannot have undue control over the legal proceedings they fund; such control over the legal proceedings must be the responsibility of the claimant and their legal representatives; such control over funded legal proceedings can consist of both formal control, such as through contractual arrangements, and informal control, such as through threats to withdraw the funding; |
| --- | --- |

7.

| 8. | Underlines that conflicts of interest may arise where there are inappropriate relationships between litigation funders, representative entities, law firms, aggregators, including claims-collection and award-distribution platforms, and other entities who may be involved in claims and have an interest in the outcome of a court case; notes that there is an increasing trend of litigation funders agreeing to finance law firms across a series of future cases (portfolio funding) (9); recommends that safeguards be adopted to prevent potential conflicts of interest, to lay down claimants’ rights and require disclosure of details of relationships between litigation funders and the other parties involved; |
| --- | --- |

8.

| 9. | Believes that, except in exceptional and strictly regulated circumstances, litigation funders should not be permitted to abandon funded parties in litigation at any stage in the litigation process, leaving claimants solely responsible for all costs of the litigation, which may have only been pursued due to the involvement of the funder; stresses, therefore, that contractual arrangements on the basis of conditional funding should be considered void; |
| --- | --- |

9.

| 10. | Believes that, just like claimants, litigation funders should be responsible for defendants’ costs arising from unsuccessful litigation, such as due to an adverse cost award. Stresses that regulation should prevent litigation funders from limiting their liability to costs in the event of an unsuccessful outcome; |
| --- | --- |

10.

Incentives and limits on recovery

| 11. | Considers that legislation should impose limits on the proportion of the award that litigation funders are entitled to receive in the event of successful litigation or a settlement and on the basis of a contractual arrangement. Believes that only under exceptional circumstances should arrangements between litigation funders and claimants depart from the general rule that a minimum of 60 % of the gross settlement or damages is paid to the claimants; |
| --- | --- |

11.

Disclosure and transparency

| 12. | Considers that there should be transparency regarding the involvement of litigation funding in legal proceedings, including obligations for claimants and their lawyers to disclose funding agreements to courts upon the court’s initiative or following a request made to the court by the defendant, and to inform the court of the existence of commercial funding and the identity of the funder for the case at hand. Considers that the court should inform the defendant about the existence of TPLF and the identity of the funder. Notes that, currently, courts or administrative authorities and defendants are often not aware that a claim is funded by a commercial actor. |
| --- | --- |

12.

Powers of supervisory authorities and review by courts and administrative authorities

| 13. | Is of the opinion that supervisory authorities, courts and administrative authorities where appropriate in accordance with national procedural law, should have the powers to facilitate the enforcement of legislation adopted to achieve the goals set out above; recommends the establishment of a complaints system that does not give rise to excessive costs or an excessive administrative burden for Member States. Considers that supervisory authorities, courts and administrative authorities, where appropriate in accordance with national procedural law, should have the powers to address abusive practices by authorised litigation funders, while not hindering access to justice for claimants and intended beneficiaries; |
| --- | --- |

13.

Final aspects

| 14. | Requests the Commission to closely monitor and analyse the development of third party litigation funding in the Member States, both in terms of the legal framework and practice, with particular attention to be given to the implementation of Directive (EU) 2020/1828; further requests the Commission, after the expiry of the deadline for the application of Directive (EU) 2020/1828, namely 25 June 2023, and taking into account the effects of that Directive, to submit, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a proposal for a Directive to establish common minimum standards at Union level on commercial third party litigation funding, following the recommendations set out in the Annex hereto; |
| --- | --- |

14.

| 15. | Considers that the requested proposal will not have financial implications; |
| --- | --- |

15.

o

o o

| 16. | Instructs its President to forward this resolution and the accompanying recommendations to the Commission and the Council. |
| --- | --- |

16.

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(1)  OJ L 262, 7.10.2005, p. 1.

(2)  OJ L 409, 4.12.2020, p. 1.

(3)  https://www.biicl.org/documents/1881_StudyontheStateofCollectiveRedress.pdf, page 19.

(4)  https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52018DC0040&from=EN, page 10.

(5)  The Australian Parliament concluded ‘the level of power and influence litigation funders have in class actions gives rise to situations where their financial interests trump those of the representative plaintiff and class members’, see Australian Law Reform Commission (2019): An Inquiry into Class Action Proceedings and Third-Party Litigation funders, p. 19.

(6)  EPRS Study (2021): Responsible private funding of litigation. Annex — State of play of the EU private litigation funding landscape and the current EU rules applicable to private litigation funding.

(7)  See https://www.biicl.org/documents/1881_StudyontheStateofCollectiveRedress.pdf, p. 269: ‘The general view of the UKs approach to third party funding was favourable and respondents rated the availability of such funding a key factor in their decision to participate in collective proceedings. The experience of third party funding of collective claims in practice was, overall, a positive one. None of the respondents had any experience of an organisation attempting to fund a claim against a competitor. None of the respondents had had an experience where a funder had overtly attempted to control the litigation although one lawyer described a situation where a funder had withdrawn funding part way through the claim leading to a premature settlement of the case’.

(8)  See Australian Law Reform Commission (2019): An Inquiry into Class Action Proceedings and Third-Party Litigation funders, p 34.

(9)  EPRS Study (2021): Responsible litigation funding. State of play on the EU private litigation funding landscape and on the current EU rules applicable to private litigation funding, p. 28-29.

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ANNEX TO THE RESOLUTION:

RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the regulation of third-party litigation funding

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the European Parliament’s request to the European Commission (1),

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (2),

Acting in accordance with the ordinary legislative procedure,

Whereas:

| (1) | Commercial third-party litigation funding is a practice which is developing into a litigation services market without a specific legislative framework being in place at Union level. Despite the fact that litigation funders are regularly established and operating in various Member States, domestically or across borders, they have so far been subject to different national rules and practices in the internal market, where generally fragmented rules and even a legislative vacuum, depending on the Member State concerned, in this area exist. Diverging rules and practices in Member States are likely to constitute an obstacle to the functioning of the internal market. A lack of clarity on the terms on which commercial third party litigation funders (‘litigation funders’) may operate is not compatible with the proper functioning of the internal market, in particular taking into account that it may be possible to fund cross-border cases only through a third party, and those cases are particularly attractive to litigation funders. Divergences in the legal framework applicable in each Member State entail a risk of discrimination in access to justice between claimants in different Member States, in particular in cases with a cross-border element, as well as a risk of forum shopping by litigation funders, which could be influenced by the favourability of certain national rules concerning their establishment, the law applicable to funding agreements and national procedural rules. |
| --- | --- |

(1)

Commercial third-party litigation funding is a practice which is developing into a litigation services market without a specific legislative framework being in place at Union level. Despite the fact that litigation funders are regularly established and operating in various Member States, domestically or across borders, they have so far been subject to different national rules and practices in the internal market, where generally fragmented rules and even a legislative vacuum, depending on the Member State concerned, in this area exist. Diverging rules and practices in Member States are likely to constitute an obstacle to the functioning of the internal market. A lack of clarity on the terms on which commercial third party litigation funders (‘litigation funders’) may operate is not compatible with the proper functioning of the internal market, in particular taking into account that it may be possible to fund cross-border cases only through a third party, and those cases are particularly attractive to litigation funders. Divergences in the legal framework applicable in each Member State entail a risk of discrimination in access to justice between claimants in different Member States, in particular in cases with a cross-border element, as well as a risk of forum shopping by litigation funders, which could be influenced by the favourability of certain national rules concerning their establishment, the law applicable to funding agreements and national procedural rules.

| (2) | Union law seeks to ensure a balance between granting access to justice and providing appropriate safeguards to those engaged in proceedings, to prevent their right to access justice from being unjustly exploited. When litigation funders provide financing for legal proceedings in exchange for a share of any compensation awarded, a risk of injustice can arise. That risk includes litigation funders being able to take advantage of claimants, or those whom they represent, including, where relevant, consumers whose interests are represented by qualified entities, to serve their own purposes and to maximise their own return, thus leaving claimants or intended beneficiaries with a reduced share of the potential award. The risks can be particularly acute where those expecting to benefit from litigation are consumers or victims of fundamental rights violations, who might welcome the involvement of a litigation funder ready to pay for proceedings, without appreciating that their interests could be subverted in favour of the litigation funder’s own interests. |
| --- | --- |

(2)

Union law seeks to ensure a balance between granting access to justice and providing appropriate safeguards to those engaged in proceedings, to prevent their right to access justice from being unjustly exploited. When litigation funders provide financing for legal proceedings in exchange for a share of any compensation awarded, a risk of injustice can arise. That risk includes litigation funders being able to take advantage of claimants, or those whom they represent, including, where relevant, consumers whose interests are represented by qualified entities, to serve their own purposes and to maximise their own return, thus leaving claimants or intended beneficiaries with a reduced share of the potential award. The risks can be particularly acute where those expecting to benefit from litigation are consumers or victims of fundamental rights violations, who might welcome the involvement of a litigation funder ready to pay for proceedings, without appreciating that their interests could be subverted in favour of the litigation funder’s own interests.

| (3) | Establishing a common Union framework of minimum standards for responsible commercial third-party litigation funding would help to promote access to justice and ensure appropriate corporate accountability. Indeed, a significant economic imbalance often exists between companies and citizens seeking redress, and third-party litigation funding can help reduce that imbalance if the associated risks are mitigated, and such funding operates in complementarity with other measures removing barriers to access to justice. To that end, it is crucial to ensure a necessary balance between improving claimants’ access to justice and appropriate safeguards to avoid abusive litigation. Responsible third-party litigation funding can lower costs, make them more predictable, simplify unnecessary procedures and deliver efficient services at costs that are proportionate to the amounts in dispute. |
| --- | --- |

(3)

Establishing a common Union framework of minimum standards for responsible commercial third-party litigation funding would help to promote access to justice and ensure appropriate corporate accountability. Indeed, a significant economic imbalance often exists between companies and citizens seeking redress, and third-party litigation funding can help reduce that imbalance if the associated risks are mitigated, and such funding operates in complementarity with other measures removing barriers to access to justice. To that end, it is crucial to ensure a necessary balance between improving claimants’ access to justice and appropriate safeguards to avoid abusive litigation. Responsible third-party litigation funding can lower costs, make them more predictable, simplify unnecessary procedures and deliver efficient services at costs that are proportionate to the amounts in dispute.

| (4) | As the internal market facilitates increasing cross-border trade, as disputes are increasingly cross-border, and as the activities of litigation funders are global in nature, there is a potential risk of material divergences in Member State approaches to the safeguards and the protections necessary with regard to commercial third-party litigation funding. Voluntary approaches have been successful to some extent but not always subscribed to by the majority of industry actors, and, in any event, non-legislative measures would not be appropriate in light of such material risks, for instance for vulnerable categories of citizens, including from third countries. |
| --- | --- |

(4)

As the internal market facilitates increasing cross-border trade, as disputes are increasingly cross-border, and as the activities of litigation funders are global in nature, there is a potential risk of material divergences in Member State approaches to the safeguards and the protections necessary with regard to commercial third-party litigation funding. Voluntary approaches have been successful to some extent but not always subscribed to by the majority of industry actors, and, in any event, non-legislative measures would not be appropriate in light of such material risks, for instance for vulnerable categories of citizens, including from third countries.

| (5) | This Directive aims to regulate commercial third-party litigation funding, a practice whereby third-party entities not directly involved in a dispute invest for profit in legal proceedings, typically in exchange for a percentage of any settlement or award (hereinafter ‘third-party litigation funding’). Third-party litigation funding covers situations in which a commercial actor invests for profit and acts to further its business interests; therefore it does not include provision of funds to sponsor litigation on a charitable basis or on the basis of donations, where the funder simply aims to recover the costs incurred, or similar activities carried out on a pro bono publico basis. This Directive also aims to lay down safeguards, on the one hand, to ensure efficient access to justice and the protection of the interests of the parties to the dispute and, on the other hand, to prevent conflicts of interest, abusive litigation as well as the disproportionate allocation of monetary awards to litigation funders. |
| --- | --- |

(5)

This Directive aims to regulate commercial third-party litigation funding, a practice whereby third-party entities not directly involved in a dispute invest for profit in legal proceedings, typically in exchange for a percentage of any settlement or award (hereinafter ‘third-party litigation funding’). Third-party litigation funding covers situations in which a commercial actor invests for profit and acts to further its business interests; therefore it does not include provision of funds to sponsor litigation on a charitable basis or on the basis of donations, where the funder simply aims to recover the costs incurred, or similar activities carried out on a pro bono publico basis. This Directive also aims to lay down safeguards, on the one hand, to ensure efficient access to justice and the protection of the interests of the parties to the dispute and, on the other hand, to prevent conflicts of interest, abusive litigation as well as the disproportionate allocation of monetary awards to litigation funders.

| (6) | The term ‘litigation funder’ should be understood to refer to any undertaking that is not a party to proceedings, but enters into a third-party litigation funding agreement (hereinafter ‘third-party funding agreement’) in relation to those proceedings. In line with the case-law of the Court of Justice of the European Union, the concept of ‘undertaking’ includes any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed, and therefore includes any legal person, including its parents, subsidiaries or affiliates and could include professional litigation-funding providers, financial services providers, claims management firms or other service providers. The concept of litigation funder is not intended to include lawyers representing a party in legal proceedings, or regulated providers of insurance services to such a party. |
| --- | --- |

(6)

The term ‘litigation funder’ should be understood to refer to any undertaking that is not a party to proceedings, but enters into a third-party litigation funding agreement (hereinafter ‘third-party funding agreement’) in relation to those proceedings. In line with the case-law of the Court of Justice of the European Union, the concept of ‘undertaking’ includes any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed, and therefore includes any legal person, including its parents, subsidiaries or affiliates and could include professional litigation-funding providers, financial services providers, claims management firms or other service providers. The concept of litigation funder is not intended to include lawyers representing a party in legal proceedings, or regulated providers of insurance services to such a party.

| (7) | In accordance with the legal traditions and autonomy of the Member States, it is for each Member State to determine whether, and to what extent, the provision of litigation funding should be permitted within its own legal system. Where Member States choose to permit such third-party litigation funding, this Directive provides for minimum standards for the protection of funded claimants, so that those who might have recourse to litigation funding in the Union are covered by a minimum level of protection, which is consistent across the Union. |
| --- | --- |

(7)

In accordance with the legal traditions and autonomy of the Member States, it is for each Member State to determine whether, and to what extent, the provision of litigation funding should be permitted within its own legal system. Where Member States choose to permit such third-party litigation funding, this Directive provides for minimum standards for the protection of funded claimants, so that those who might have recourse to litigation funding in the Union are covered by a minimum level of protection, which is consistent across the Union.

| (8) | In those Member States where legal costs may represent a significant barrier to access to justice, however, Member States may wish to consider introducing legislation to allow third-party litigation funding and in that case should establish clear conditions and safeguards that are in accordance with this Directive. While this Directive does not apply solely to representative actions, Member States should take measures aiming to ensure that the costs of the proceedings related to representative actions do not prevent qualified entities from effectively exercising their right to seek redress, in accordance with Directive (EU) 2020/1828 and in particular Article 20 thereof. |
| --- | --- |

(8)

In those Member States where legal costs may represent a significant barrier to access to justice, however, Member States may wish to consider introducing legislation to allow third-party litigation funding and in that case should establish clear conditions and safeguards that are in accordance with this Directive. While this Directive does not apply solely to representative actions, Member States should take measures aiming to ensure that the costs of the proceedings related to representative actions do not prevent qualified entities from effectively exercising their right to seek redress, in accordance with Directive (EU) 2020/1828 and in particular Article 20 thereof.

| (9) | Where third-party litigation funding activity is permitted, a system for the authorisation and supervision of litigation funders by independent administrative bodies in the Member States is necessary to ensure that such litigation funders meet the minimum criteria and standards laid down in this Directive. Litigation funders should be subject to oversight in a manner similar to that of the existing prudential supervision system applicable to financial services providers. |
| --- | --- |

(9)

Where third-party litigation funding activity is permitted, a system for the authorisation and supervision of litigation funders by independent administrative bodies in the Member States is necessary to ensure that such litigation funders meet the minimum criteria and standards laid down in this Directive. Litigation funders should be subject to oversight in a manner similar to that of the existing prudential supervision system applicable to financial services providers.

| (10) | Litigation funders active in the Union should be required to conduct their business from within the Union, be authorised within the Union, and to conclude their third-party funding agreements subject to the laws of the Member State of the proceedings or, if different, the Member State of the claimant or intended beneficiaries, in order to ensure that supervision under Union and national law is adequate. |
| --- | --- |

(10)

Litigation funders active in the Union should be required to conduct their business from within the Union, be authorised within the Union, and to conclude their third-party funding agreements subject to the laws of the Member State of the proceedings or, if different, the Member State of the claimant or intended beneficiaries, in order to ensure that supervision under Union and national law is adequate.

| (11) | Supervisory authorities within the Union that grant authorisations to conduct third-party litigation funding activities should be empowered to require that litigation funders comply with minimum criteria laid down by this Directive. Such criteria should include provisions relating to confidentiality, independence, governance, transparency, capital adequacy, and observance of a fiduciary duty to claimants and intended beneficiaries. Supervisory authorities should be empowered to make any necessary orders, including the power to receive from litigation funders applications for authorisation and to decide upon them, to gather any necessary information, grant, deny, suspend or withdraw any authorisation or to impose any condition, restriction or penalty upon any litigation funder, as well as to investigate without undue delay complaints against any litigation funder conducting activities within their jurisdiction submitted by any natural or legal person, with the exception of the defendant. Concerns raised by a defendant regarding the litigation funder during ongoing legal proceedings should be dealt with by the relevant court or administrative authority. |
| --- | --- |

(11)

Supervisory authorities within the Union that grant authorisations to conduct third-party litigation funding activities should be empowered to require that litigation funders comply with minimum criteria laid down by this Directive. Such criteria should include provisions relating to confidentiality, independence, governance, transparency, capital adequacy, and observance of a fiduciary duty to claimants and intended beneficiaries. Supervisory authorities should be empowered to make any necessary orders, including the power to receive from litigation funders applications for authorisation and to decide upon them, to gather any necessary information, grant, deny, suspend or withdraw any authorisation or to impose any condition, restriction or penalty upon any litigation funder, as well as to investigate without undue delay complaints against any litigation funder conducting activities within their jurisdiction submitted by any natural or legal person, with the exception of the defendant. Concerns raised by a defendant regarding the litigation funder during ongoing legal proceedings should be dealt with by the relevant court or administrative authority.

| (12) | Among other authorisation criteria, Member States should require litigation funders to demonstrate that they have sufficient capital to satisfy their financial obligations. The absence of capital adequacy requirements creates a risk that an undercapitalised litigation funder enters into a third-party funding agreement and is not willing or able subsequently to cover the costs of the litigation it had agreed to support, including the costs or fees necessary to allow the proceedings to reach their conclusion, or any adverse cost award. This can expose claimants who rely on litigation funders to a risk of unforeseen material economic loss, and to the risk of the abandonment of otherwise viable proceedings due to the business circumstances or decisions of the litigation funder. |
| --- | --- |

(12)

Among other authorisation criteria, Member States should require litigation funders to demonstrate that they have sufficient capital to satisfy their financial obligations. The absence of capital adequacy requirements creates a risk that an undercapitalised litigation funder enters into a third-party funding agreement and is not willing or able subsequently to cover the costs of the litigation it had agreed to support, including the costs or fees necessary to allow the proceedings to reach their conclusion, or any adverse cost award. This can expose claimants who rely on litigation funders to a risk of unforeseen material economic loss, and to the risk of the abandonment of otherwise viable proceedings due to the business circumstances or decisions of the litigation funder.

| (13) | Litigation funders should be bound by a duty to act fairly, transparently, efficiently and in the best interests of claimants and intended beneficiaries of claims. A lack of a requirement to place the interests of claimants and intended beneficiaries ahead of a litigation funder’s own interests may create the risk of proceedings being directed in a manner that ultimately serves the interests of the litigation funder, rather than those of the claimant. |
| --- | --- |

(13)

Litigation funders should be bound by a duty to act fairly, transparently, efficiently and in the best interests of claimants and intended beneficiaries of claims. A lack of a requirement to place the interests of claimants and intended beneficiaries ahead of a litigation funder’s own interests may create the risk of proceedings being directed in a manner that ultimately serves the interests of the litigation funder, rather than those of the claimant.

| (14) | To prevent circumvention of the requirements of this Directive, agreements entered into with litigation funders who do not have the necessary authorisation should have no legal effect. The burden to acquire the necessary authorisations should be on litigation funders themselves, and therefore claimants and intended beneficiaries should be indemnified in respect of any harm caused by a litigation funder not having the necessary authorisation. |
| --- | --- |

(14)

To prevent circumvention of the requirements of this Directive, agreements entered into with litigation funders who do not have the necessary authorisation should have no legal effect. The burden to acquire the necessary authorisations should be on litigation funders themselves, and therefore claimants and intended beneficiaries should be indemnified in respect of any harm caused by a litigation funder not having the necessary authorisation.

| (15) | This Directive should regulate the activities of litigation funders, but should be without prejudice to any other regulatory obligations or regimes, such as existing rules governing the provision of financial services that may apply, respecting also the legal traditions of the Member States, their autonomy and their decisions regarding the appropriateness of permitting litigation funding in their national legal systems. |
| --- | --- |

(15)

This Directive should regulate the activities of litigation funders, but should be without prejudice to any other regulatory obligations or regimes, such as existing rules governing the provision of financial services that may apply, respecting also the legal traditions of the Member States, their autonomy and their decisions regarding the appropriateness of permitting litigation funding in their national legal systems.

| (16) | To facilitate the consistent application of this Directive, Member States should ensure that their supervisory authorities apply this Directive in close cooperation with the supervisory authorities of other Member States. Coordination between supervisory authorities should be organised at Union level to avoid the divergence of supervisory standards, which could jeopardise the proper functioning of the internal market. |
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(16)

To facilitate the consistent application of this Directive, Member States should ensure that their supervisory authorities apply this Directive in close cooperation with the supervisory authorities of other Member States. Coordination between supervisory authorities should be organised at Union level to avoid the divergence of supervisory standards, which could jeopardise the proper functioning of the internal market.

| (17) | The Commission should coordinate the activities of supervisory authorities and facilitate the creation of a suitable cooperation network for this purpose. Supervisory authorities should be enabled to consult the Commission as necessary, and the Commission should be allowed to issue guidelines, recommendations, best practice notices or advisory opinions to supervisory authorities on the application of this Directive, and in relation to any apparent inconsistency with regard to the implementation of this Directive. Supervisory authorities should share details of their activities with the Commission to facilitate coordination, including sharing details of all decisions taken and litigation funders they authorise. |
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(17)

The Commission should coordinate the activities of supervisory authorities and facilitate the creation of a suitable cooperation network for this purpose. Supervisory authorities should be enabled to consult the Commission as necessary, and the Commission should be allowed to issue guidelines, recommendations, best practice notices or advisory opinions to supervisory authorities on the application of this Directive, and in relation to any apparent inconsistency with regard to the implementation of this Directive. Supervisory authorities should share details of their activities with the Commission to facilitate coordination, including sharing details of all decisions taken and litigation funders they authorise.

| (18) | To facilitate the provision of cross border litigation funding services in those Member States where it is permitted under national law, Member States should be able to cooperate, share information and best practice, and should be required to take full account of each other’s authorisation decisions. Member States should ensure that comprehensive and clear information and guidance on the existence of funding options for claims, as well as on the conditions and requirements that apply to the funding of claims, is fully and freely accessible to all citizens who might seek redress, including to the most vulnerable groups. In line with Article 56 of the Treaty on the Functioning of the European Union, Member States should mutually recognise prior authorisations and therefore automatically grant authorisation to litigation funders operating on their territory which have been authorised to operate in another Member State, provided that the initial authorisation continues to be valid. Where a supervisory authority in a receiving Member State is aware of irregularities in the conduct of a litigation funder, it should directly inform the responsible supervisory authority. |
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(18)

To facilitate the provision of cross border litigation funding services in those Member States where it is permitted under national law, Member States should be able to cooperate, share information and best practice, and should be required to take full account of each other’s authorisation decisions. Member States should ensure that comprehensive and clear information and guidance on the existence of funding options for claims, as well as on the conditions and requirements that apply to the funding of claims, is fully and freely accessible to all citizens who might seek redress, including to the most vulnerable groups. In line with Article 56 of the Treaty on the Functioning of the European Union, Member States should mutually recognise prior authorisations and therefore automatically grant authorisation to litigation funders operating on their territory which have been authorised to operate in another Member State, provided that the initial authorisation continues to be valid. Where a supervisory authority in a receiving Member State is aware of irregularities in the conduct of a litigation funder, it should directly inform the responsible supervisory authority.

| (19) | Member States should ensure that decisions regarding the relevant legal proceedings, including decisions on settlement, are not unduly influenced or controlled by the litigation funder in a manner that would be detrimental to the interests of the claimants concerned by that action. |
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(19)

Member States should ensure that decisions regarding the relevant legal proceedings, including decisions on settlement, are not unduly influenced or controlled by the litigation funder in a manner that would be detrimental to the interests of the claimants concerned by that action.

| (20) | To redress any knowledge or resource imbalance between a litigation funder and a claimant, in assessing the suitability of a third-party funding agreement, courts or administrative authorities should take into account the level of clarity and transparency of such agreements, and the degree to which any risks and benefits were transparently presented to and knowingly undertaken by claimants or those represented by claimants. |
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(20)

To redress any knowledge or resource imbalance between a litigation funder and a claimant, in assessing the suitability of a third-party funding agreement, courts or administrative authorities should take into account the level of clarity and transparency of such agreements, and the degree to which any risks and benefits were transparently presented to and knowingly undertaken by claimants or those represented by claimants.

| (21) | Third party funding agreements should be presented to claimants in a language they understand, and should set out clearly and in appropriate terms the range of possible outcomes, as well as any risks and relevant limitations. |
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(21)

Third party funding agreements should be presented to claimants in a language they understand, and should set out clearly and in appropriate terms the range of possible outcomes, as well as any risks and relevant limitations.

| (22) | Adequate supervision of litigation funders and third-party funding agreements cannot be ensured in the absence of obligations on litigation funders to be transparent regarding their activities. This includes transparency vis-à-vis courts or administrative authorities, defendants and claimants. Obligations should therefore be laid down to inform the relevant court or administrative authority of the existence of commercial funding and the identity of the funder, as well as to disclose third-party funding agreements in full to courts or administrative authorities, upon their request or at the request of the defendant to the court and subject to appropriate limitations to protect any necessary confidentiality. Courts or administrative authorities should be empowered to access relevant information on all third-party litigation funding activity relevant to the legal proceedings under their responsibility. In addition, defendants should be made aware by the court or administrative authority of the existence of third-party litigation funding and the identity of the funder. |
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(22)

Adequate supervision of litigation funders and third-party funding agreements cannot be ensured in the absence of obligations on litigation funders to be transparent regarding their activities. This includes transparency vis-à-vis courts or administrative authorities, defendants and claimants. Obligations should therefore be laid down to inform the relevant court or administrative authority of the existence of commercial funding and the identity of the funder, as well as to disclose third-party funding agreements in full to courts or administrative authorities, upon their request or at the request of the defendant to the court and subject to appropriate limitations to protect any necessary confidentiality. Courts or administrative authorities should be empowered to access relevant information on all third-party litigation funding activity relevant to the legal proceedings under their responsibility. In addition, defendants should be made aware by the court or administrative authority of the existence of third-party litigation funding and the identity of the funder.

| (23) | Courts or administrative authorities should be empowered, where a third-party funding agreement is relevant to the case before them, to assess whether the third-party funding agreement complies with this Directive and, in accordance with Article 16, to review it if necessary, either at the request of a party to the proceedings, or on the initiative of the court or administrative authority, or following an action brought before them against the administrative decision of a supervisory authority which has become final; |
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(23)

Courts or administrative authorities should be empowered, where a third-party funding agreement is relevant to the case before them, to assess whether the third-party funding agreement complies with this Directive and, in accordance with Article 16, to review it if necessary, either at the request of a party to the proceedings, or on the initiative of the court or administrative authority, or following an action brought before them against the administrative decision of a supervisory authority which has become final;

| (24) | Litigation funders should establish internal good governance processes to avoid conflicts of interests between the litigation funder and claimants. Compliance with transparency requirements should ensure that claimants are fully aware of any relationship a litigation funder might have with defendants, lawyers, other litigation funders, or any other third party involved in the case, which could create an actual or perceived conflict. |
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(24)

Litigation funders should establish internal good governance processes to avoid conflicts of interests between the litigation funder and claimants. Compliance with transparency requirements should ensure that claimants are fully aware of any relationship a litigation funder might have with defendants, lawyers, other litigation funders, or any other third party involved in the case, which could create an actual or perceived conflict.

| (25) | Litigation funders should in no case claim unfair, disproportionate or unreasonable reward at the expense of claimants. Courts or administrative authorities should be empowered to assess third-party litigation funding agreements relevant to the case before them, taking into account the circumstances and background within which the agreement was concluded, in order to determine effectively whether it is fair and complies with this Directive and all relevant Union and national legislation. |
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(25)

Litigation funders should in no case claim unfair, disproportionate or unreasonable reward at the expense of claimants. Courts or administrative authorities should be empowered to assess third-party litigation funding agreements relevant to the case before them, taking into account the circumstances and background within which the agreement was concluded, in order to determine effectively whether it is fair and complies with this Directive and all relevant Union and national legislation.

| (26) | Where third-party funding agreements permit litigation funders to receive a share of any reward or certain fees as a priority in relation to any award allocated to claimants, the available award could be so reduced as to leave little or nothing for claimants. Therefore, third-party funding agreements should always ensure that any award is paid to the claimant first, that is to say that the entitlement of the claimant takes priority over that of the funder. Litigation funders should not be permitted to require the prioritisation of their own reward. |
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(26)

Where third-party funding agreements permit litigation funders to receive a share of any reward or certain fees as a priority in relation to any award allocated to claimants, the available award could be so reduced as to leave little or nothing for claimants. Therefore, third-party funding agreements should always ensure that any award is paid to the claimant first, that is to say that the entitlement of the claimant takes priority over that of the funder. Litigation funders should not be permitted to require the prioritisation of their own reward.

| (27) | Given that in some Member States the share of any reward received by litigation funders can reduce any relief obtained by claimants, courts or administrative authorities should exercise oversight over the value and proportion of this share to prevent any disproportionate allocation of monetary awards to litigation funders. Save in exceptional circumstances, when the share of any reward claimed by a litigation funder would dilute the award, including all damages amounts, costs, fees and other expenses, available to claimants and intended beneficiaries to 60 % or less, it should be presumed unfair and deemed invalid. |
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(27)

Given that in some Member States the share of any reward received by litigation funders can reduce any relief obtained by claimants, courts or administrative authorities should exercise oversight over the value and proportion of this share to prevent any disproportionate allocation of monetary awards to litigation funders. Save in exceptional circumstances, when the share of any reward claimed by a litigation funder would dilute the award, including all damages amounts, costs, fees and other expenses, available to claimants and intended beneficiaries to 60 % or less, it should be presumed unfair and deemed invalid.

| (28) | Additional conditions should be put in place to ensure that litigation funders do not unduly influence the decisions of claimants in the course of proceedings, that is to say in a manner that would benefit the litigation funder itself at the expense of the claimant. In particular, litigation funders should not unduly influence decisions on how cases are pursued, which interests are prioritised, or whether or not claimants should accept any particular outcome, award or settlement. |
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(28)

Additional conditions should be put in place to ensure that litigation funders do not unduly influence the decisions of claimants in the course of proceedings, that is to say in a manner that would benefit the litigation funder itself at the expense of the claimant. In particular, litigation funders should not unduly influence decisions on how cases are pursued, which interests are prioritised, or whether or not claimants should accept any particular outcome, award or settlement.

| (29) | Litigation funders should not be allowed to withdraw the funding they have agreed to provide, except in limited circumstances as set out in this Directive or in national law adopted pursuant to this Directive, so that funding is not withdrawn at any stage of the litigation process, to the disadvantage of the claimants or intended beneficiaries, due to the litigation funder’s business interests or incentives changing. |
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(29)

Litigation funders should not be allowed to withdraw the funding they have agreed to provide, except in limited circumstances as set out in this Directive or in national law adopted pursuant to this Directive, so that funding is not withdrawn at any stage of the litigation process, to the disadvantage of the claimants or intended beneficiaries, due to the litigation funder’s business interests or incentives changing.

| (30) | Where litigation funders have supported or funded proceedings which are not successful, they should be jointly liable with claimants for any adverse costs they caused defendants to incur and that may be awarded by courts or administrative authorities. Courts or administrative authorities should be granted adequate powers to ensure the effectiveness of such an obligation, and third-party funding agreements should not exclude responsibility for such adverse costs. |
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(30)

Where litigation funders have supported or funded proceedings which are not successful, they should be jointly liable with claimants for any adverse costs they caused defendants to incur and that may be awarded by courts or administrative authorities. Courts or administrative authorities should be granted adequate powers to ensure the effectiveness of such an obligation, and third-party funding agreements should not exclude responsibility for such adverse costs.

| (31) | Member State courts or administrative authorities should be entitled to determine any adverse costs awards in accordance with national law, including by reliance on any scientific, statistical or technical evidence as may be relevant, or through reliance on any experts, assessors or tax accountants, as may be suitable in the circumstances of the proceedings. |
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(31)

Member State courts or administrative authorities should be entitled to determine any adverse costs awards in accordance with national law, including by reliance on any scientific, statistical or technical evidence as may be relevant, or through reliance on any experts, assessors or tax accountants, as may be suitable in the circumstances of the proceedings.

| (32) | This Directive respects fundamental rights and observes principles recognised, in particular, by the Charter of Fundamental Rights of the European Union. Accordingly, this Directive should be interpreted and applied in accordance with those rights and principles, including those related to the right to an effective remedy and to a fair trial, as well as the right of defence. |
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(32)

This Directive respects fundamental rights and observes principles recognised, in particular, by the Charter of Fundamental Rights of the European Union. Accordingly, this Directive should be interpreted and applied in accordance with those rights and principles, including those related to the right to an effective remedy and to a fair trial, as well as the right of defence.

| (33) | Since the objectives of this Directive, namely to ensure the harmonisation of Member States’ rules applicable to litigation funders and their activities, and thus to enable access to justice, while introducing common minimum standards for the protection of the rights of funded claimants and intended beneficiaries in proceedings financed wholly or in part by third-party funding agreements, which apply in all Member States in which litigation funding is permitted, cannot be sufficiently achieved by the Member States as litigation funders can operate in multiple Member States and are subject to different national rules and practices, but can rather be better achieved at Union level, by reason of the scale of the emerging market of third-party litigation funding, the need to avoid diverging rules and practices that are likely to constitute an obstacle to the proper functioning of the internal market and ‘forum shopping’ by litigation funders seeking to optimise national rules, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |
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(33)

Since the objectives of this Directive, namely to ensure the harmonisation of Member States’ rules applicable to litigation funders and their activities, and thus to enable access to justice, while introducing common minimum standards for the protection of the rights of funded claimants and intended beneficiaries in proceedings financed wholly or in part by third-party funding agreements, which apply in all Member States in which litigation funding is permitted, cannot be sufficiently achieved by the Member States as litigation funders can operate in multiple Member States and are subject to different national rules and practices, but can rather be better achieved at Union level, by reason of the scale of the emerging market of third-party litigation funding, the need to avoid diverging rules and practices that are likely to constitute an obstacle to the proper functioning of the internal market and ‘forum shopping’ by litigation funders seeking to optimise national rules, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

| (34) | In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified. |
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(34)

In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

HAVE ADOPTED THIS DIRECTIVE:

Chapter I

General Provisions

Article 1

Subject Matter and purpose

This Directive sets out minimum rules applicable to commercial third-party litigation funders and their authorised activities, and provides a framework to support and protect funded claimants and intended beneficiaries, including, where relevant, those whose interests are represented by qualified entities, in proceedings financed entirely or in part by third-party litigation funding. It lays down safeguards to prevent conflicts of interest, abusive litigation as well as the disproportionate allocation of monetary awards to litigation funders, while ensuring that third-party litigation funding appropriately allows claimants and intended beneficiaries to access justice, and ensuring corporate accountability.

Article 2

Scope

This Directive applies to commercial third party litigation funders (hereinafter ‘litigation funders’) and to commercial third-party funding agreements (hereinafter ‘third-party funding agreements’), regardless of the related claims’ nature. It is without prejudice to existing international, Union and national law allowing claims to be brought, in particular law on the protection of the collective interests of consumers, on environmental protection, and law governing insolvency proceedings or liability.

Article 3

Definitions

For the purposes of this Directive, the following definitions apply:

| (a) | ‘litigation funder’ means any commercial undertaking that enters into a third-party funding agreement in relation to proceedings, even though it is neither a party to those proceedings, nor a lawyer nor other legal professional representing a party to such proceedings, nor a provider of regulated insurance services to a party in such proceedings, and which has the primary aim of receiving a return on an investment it makes by providing funding in relation to those proceedings or of obtaining a competitive advantage in a specific market; |
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(a)

‘litigation funder’ means any commercial undertaking that enters into a third-party funding agreement in relation to proceedings, even though it is neither a party to those proceedings, nor a lawyer nor other legal professional representing a party to such proceedings, nor a provider of regulated insurance services to a party in such proceedings, and which has the primary aim of receiving a return on an investment it makes by providing funding in relation to those proceedings or of obtaining a competitive advantage in a specific market;

| (b) | ‘claimant’ means any natural or legal person who brings or intends to bring proceedings against another party before a court or administrative authority; |
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(b)

‘claimant’ means any natural or legal person who brings or intends to bring proceedings against another party before a court or administrative authority;

| (c) | ‘court or administrative authority’ means a competent court, administrative authority, arbitral body or other body tasked with adjudicating on proceedings, in accordance with national law; |
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(c)

‘court or administrative authority’ means a competent court, administrative authority, arbitral body or other body tasked with adjudicating on proceedings, in accordance with national law;

| (d) | ‘intended beneficiary’ means a person who is entitled to receive a share of an award in proceedings and whose interests in the proceedings are represented by the funded claimant or a qualified entity bringing the action as a claimant party on that person’s behalf in the course of representative actions; |
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(d)

‘intended beneficiary’ means a person who is entitled to receive a share of an award in proceedings and whose interests in the proceedings are represented by the funded claimant or a qualified entity bringing the action as a claimant party on that person’s behalf in the course of representative actions;

| (e) | ‘proceedings’ means any domestic or cross border civil or commercial litigation, or any voluntary arbitration procedure or alternative dispute resolution mechanism, through which redress before a court or administrative authority in the Union is sought concerning a dispute; |
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(e)

‘proceedings’ means any domestic or cross border civil or commercial litigation, or any voluntary arbitration procedure or alternative dispute resolution mechanism, through which redress before a court or administrative authority in the Union is sought concerning a dispute;

| (f) | ‘qualified entity’ means an organisation representing consumers’ interests and designated as qualified entity under Directive (EU) 2020/1828; |
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(f)

‘qualified entity’ means an organisation representing consumers’ interests and designated as qualified entity under Directive (EU) 2020/1828;

| (g) | ‘supervisory authority’ means a public authority designated by a Member State to be responsible for granting, suspending or withdrawing the authorisation for litigation funders, and for supervising the activities of litigation funders; |
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(g)

‘supervisory authority’ means a public authority designated by a Member State to be responsible for granting, suspending or withdrawing the authorisation for litigation funders, and for supervising the activities of litigation funders;

| (h) | ‘third-party funding agreement’ means an agreement in which a litigation funder agrees to fund all or part of the costs of proceedings in exchange for receiving a share of the monetary amount awarded to the claimant or a success fee, so as to reimburse the litigation funder for the funding it provided and, where applicable, cover its remuneration for the service provided, based wholly or partially on the outcome of the proceedings. This definition covers all agreements in which such a reward is agreed, whether offered as an independent service, or achieved through a purchase or assignment of the claim. |
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(h)

‘third-party funding agreement’ means an agreement in which a litigation funder agrees to fund all or part of the costs of proceedings in exchange for receiving a share of the monetary amount awarded to the claimant or a success fee, so as to reimburse the litigation funder for the funding it provided and, where applicable, cover its remuneration for the service provided, based wholly or partially on the outcome of the proceedings. This definition covers all agreements in which such a reward is agreed, whether offered as an independent service, or achieved through a purchase or assignment of the claim.

Chapter II

Chapter II

Approval of litigation funders’ activities within the Union

Approval of litigation funders’ activities within the Union

Article 4

Authorisation system

1.   Member States may determine in accordance with national law whether third-party funding agreements can be offered in relation to proceedings within their jurisdiction, for the benefit of claimants or intended beneficiaries resident within their territory.

2.   Where third party funding activities are permitted, Member States shall create a system for the authorisation and monitoring of the activities of litigation funders within their territory. That system shall include designating an independent supervisory department or authority tasked with granting, suspending or withdrawing authorisations for litigation funders and supervising the activities of litigation funders.

3.   The system of authorisation provided for in this Article shall apply only to the activities connected to the offering of third-party funding agreements by litigation funders. Where litigation funders are also providers of other legal, financial or claims management services supervised by another authority within the Union, this Directive shall be without prejudice to any system of supervision and authorisation that exists in relation to those other services.

Article 5

Conditions for authorisation

1.   Member States shall ensure that supervisory authorities only grant or maintain authorisations, whether for domestic or cross-border litigation or other proceedings, to litigation funders who comply with this Directive, and who meet, in addition to any suitability or other criteria as may be set out in national law, at least the following criteria:

| (a) | they conduct their business through a registered office in a Member State, and apply for and maintain an authorisation in that same Member State; |
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(a)

they conduct their business through a registered office in a Member State, and apply for and maintain an authorisation in that same Member State;

| (b) | they commit to concluding third-party funding agreements subject to the laws of the Member State of any intended proceedings, or, if different, of the Member State of the claimant or intended beneficiaries; |
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(b)

they commit to concluding third-party funding agreements subject to the laws of the Member State of any intended proceedings, or, if different, of the Member State of the claimant or intended beneficiaries;

| (c) | they demonstrate to the satisfaction of the supervisory authority that they have procedures and governance structures in place to ensure their ongoing compliance with this Directive, with the transparency requirements and fiduciary relationships this Directive provides for, and they have established internal procedures to prevent a conflict of interest between themselves and the defendants in proceedings involving the litigation funder; |
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(c)

they demonstrate to the satisfaction of the supervisory authority that they have procedures and governance structures in place to ensure their ongoing compliance with this Directive, with the transparency requirements and fiduciary relationships this Directive provides for, and they have established internal procedures to prevent a conflict of interest between themselves and the defendants in proceedings involving the litigation funder;

| (d) | they meet the capital adequacy requirements set out in Article 6; and |
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(d)

they meet the capital adequacy requirements set out in Article 6; and

| (e) | they satisfy the supervisory authority that they have the governance and procedures in place to ensure that the fiduciary duty provided for in Article 7 is discharged and respected. |
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(e)

they satisfy the supervisory authority that they have the governance and procedures in place to ensure that the fiduciary duty provided for in Article 7 is discharged and respected.

2.   Member States shall mutually recognise authorisation given to a litigation funder in another Member State and therefore automatically allow them to operate in their Member State, provided the initial authorisation continues to be valid.

3.   The system of authorisation established under Article 4 shall be without prejudice to the application of Union law governing the provision of financial services, investment activity, or consumer protection.

Article 6

Capital adequacy

1.   Member States shall ensure that supervisory authorities are empowered to verify whether litigation funders would be able to have at their disposal at all times adequate financial resources to fulfil their liabilities under their third-party funding agreements. In particular, supervisory authorities shall ensure that litigation funders have the capacity to:

| (a) | pay all debts arising from their third-party funding agreements when they become due and payable; and |
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(a)

pay all debts arising from their third-party funding agreements when they become due and payable; and

| (b) | fund all stages of any proceedings they have committed to, including the trial and any subsequent appeal. |
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(b)

fund all stages of any proceedings they have committed to, including the trial and any subsequent appeal.

2.   Member States shall ensure that litigation funders are allowed to demonstrate that they meet the criteria set out in paragraph 1 by providing certification or an attestation that an insurance scheme would fully cover all the costs referred to in paragraph 1, where necessary.

3.   Member States shall ensure that supervisory authorities are empowered to verify whether litigation funders would be able to maintain access at all times to the minimum liquidity required to pay in full all foreseeable adverse costs in all proceedings they have funded. Members States shall ensure that their courts or administrative authorities can request litigation funders to provide security for costs in the forms admitted by national law, should a claimant so request based on reasoned specific concerns.

4.   Member States may set up a specific insurance fund to cover all the outstanding costs of claimants that engaged in litigation in good faith, in case a litigation funder becomes insolvent in the course of the litigation procedure. Where such a fund is set up by a Member State, that Member State shall ensure that it is publicly managed and financed through annual fees payable by authorised litigation funders.

Article 7

Fiduciary duty

1.   Member States shall ensure that supervisory authorities are empowered to verify that litigation funders have the governance and internal procedures in place to ensure that the third-party funding agreements they enter into are based on a fiduciary relationship and that they commit under those agreements to acting fairly, transparently and to observing a fiduciary duty of care requiring them to act in the best interests of a claimant.

2.   Where a claimant intends to take a claim on behalf of others in proceedings, such as where the claimant is a qualified entity representing consumers, the litigation funder shall be required to owe a fiduciary duty to such intended beneficiaries. Litigation funders shall be obliged to act in a manner that is consistent with their fiduciary duty throughout the course of proceedings. In the event of a conflict between the interests of the litigation funder and those of the claimants or intended beneficiaries, the litigation funder shall commit to placing the interests of the claimants or intended beneficiaries above its own interests.

Chapter III

Chapter III

Powers of supervisory authorities and coordination between them

Powers of supervisory authorities and coordination between them

Article 8

Powers of supervisory authorities

1.   Where third-party funding agreements are permitted in accordance with Article 4, Member States shall provide that an independent public supervisory authority is responsible for overseeing the authorisation of litigation funders established within its jurisdiction, offering third-party funding agreements to claimants and intended beneficiaries within its jurisdiction, or in relation to proceedings within its jurisdiction.

2.   Member States shall ensure that a complaint procedure is in place for any natural or legal person who wishes to raise concerns before a supervisory authority regarding the compliance of a litigation funder with its obligations under this Directive and the applicable national law.

3.   Notwithstanding the complaint procedure referred to in paragraph 2, in the event of ongoing legal proceedings involving the litigation funder, concerns raised by the defendant in such proceedings regarding the compliance of a litigation funder with its obligations under this Directive and the applicable national law shall be dealt with by the competent court or administrative authority in accordance with Article 16(2).

4.   Each supervisory authority shall in particular be empowered and required to:

| (a) | receive from litigation funders applications for authorisation and any information that is necessary for the purposes of considering those applications, and decide upon any such applications in a timely fashion; |
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(a)

receive from litigation funders applications for authorisation and any information that is necessary for the purposes of considering those applications, and decide upon any such applications in a timely fashion;

| (b) | take the decisions necessary to grant or deny authorisation to any applicant litigation funder, to withdraw any authorisation, or to impose conditions, restrictions or penalties upon any authorised litigation funder; |
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(b)

take the decisions necessary to grant or deny authorisation to any applicant litigation funder, to withdraw any authorisation, or to impose conditions, restrictions or penalties upon any authorised litigation funder;

| (c) | decide on the suitability and fitness of a litigation funder, including by reference to their experience, reputation, internal processes for the avoidance and resolution of conflicts of interest, knowledge; |
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(c)

decide on the suitability and fitness of a litigation funder, including by reference to their experience, reputation, internal processes for the avoidance and resolution of conflicts of interest, knowledge;

| (d) | publish on its website any decision taken pursuant to point (b), having due regard to commercial confidentiality; |
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(d)

publish on its website any decision taken pursuant to point (b), having due regard to commercial confidentiality;

| (e) | assess at least every year whether an authorised litigation funder continues to comply with the criteria for authorisation referred to in Article 5(1) and ensure that such authorisation is suspended or withdrawn if the litigation funder no longer complies with one or more of those criteria. Such a suspension or withdrawal shall not affect the rights of the claimants and beneficiaries of the proceedings in which the funder may be involved; and |
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(e)

assess at least every year whether an authorised litigation funder continues to comply with the criteria for authorisation referred to in Article 5(1) and ensure that such authorisation is suspended or withdrawn if the litigation funder no longer complies with one or more of those criteria. Such a suspension or withdrawal shall not affect the rights of the claimants and beneficiaries of the proceedings in which the funder may be involved; and

| (f) | under the system referred to in Article 9, receive and investigate complaints in relation to the conduct of a litigation funder and the compliance of such litigation funder with the provisions laid down in Chapter IV of this Directive and any other applicable requirements under national law. |
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(f)

under the system referred to in Article 9, receive and investigate complaints in relation to the conduct of a litigation funder and the compliance of such litigation funder with the provisions laid down in Chapter IV of this Directive and any other applicable requirements under national law.

5.   Member States shall ensure that litigation funders are required to notify a supervisory authority without undue delay of any changes affecting their compliance with the capital adequacy requirements laid down in Article 6, paragraphs 1 and 2. In addition, Member States shall ensure that litigation funders certify annually that they remain in compliance with those paragraphs.

6.   Member States shall ensure that supervisory authorities oversee fiduciary relationships between litigation funders and claimants and intended beneficiaries in general, and are able to make directions and orders to ensure that claimants’ interests and those of intended beneficiaries are protected.

Article 9

Investigations and complaints

1.   Member States shall ensure that a complaints system is in place which allows for the reception and investigation of complaints as referred to in Article 8, paragraph 2.

2.   Under the complaints system referred to in paragraph 1, Member States shall ensure that supervisory authorities are empowered to assess without undue delay whether a litigation funder is in compliance with any obligations or conditions associated with its authorisation, with the provisions of this Directive and with any other applicable requirements under national law.

3.   Member States shall ensure that, in exercising their oversight with regard to litigation funders’ compliance with obligations or conditions associated with their authorisation, supervisory authorities shall be empowered to

| (i) | investigate complaints received from any natural or legal person in accordance with Article 8(2) and subject to Article 8(3); |
| --- | --- |

(i)

investigate complaints received from any natural or legal person in accordance with Article 8(2) and subject to Article 8(3);

| (ii) | investigate complaints from any other supervisory authority or the Commission; |
| --- | --- |

(ii)

investigate complaints from any other supervisory authority or the Commission;

| (iii) | initiate investigations on an ex officio basis, |
| --- | --- |

(iii)

initiate investigations on an ex officio basis,

| (iv) | initiate investigations following a recommendation from a court or administrative authority that has concerns arising from any proceedings before such a court or administrative authority regarding a litigation funder’s compliance with obligations or conditions associated with its authorisation. |
| --- | --- |

(iv)

initiate investigations following a recommendation from a court or administrative authority that has concerns arising from any proceedings before such a court or administrative authority regarding a litigation funder’s compliance with obligations or conditions associated with its authorisation.

Article 10

Coordination between supervisory authorities

1.   Member States shall ensure that their supervisory authorities apply this Directive in close cooperation with the supervisory authorities of other Member States.

2.   The Commission shall oversee and coordinate the activities of the supervisory authorities in performing the functions set out in this Directive, and shall convene and chair a network of supervisory authorities. The Commission shall adopt delegated acts in accordance with Article 11 in order to supplement this Directive by laying down the modalities for cooperation within the network of supervisory authorities, and shall revise them periodically, in close cooperation with the supervisory authorities.

3.   The supervisory authorities may consult the Commission on any matter involving the implementation of this Directive. The Commission may issue guidelines, recommendations, best practice notices and advisory opinions to supervisory authorities on the implementation of this Directive, and in relation to any apparent inconsistency in this regard, or in relation to the supervision of any litigation funders. The Commission may also set up a centre of competence to provide qualified expertise to court or administrative authorities seeking advice on how to assess litigation funders’ activities within the Union.

4.   Each supervisory authority shall set up a list of authorised litigation funders, communicate it to the Commission and make that list publicly available. Supervisory authorities shall update that list whenever there are changes to it and inform the Commission accordingly.

5.   Each supervisory authority shall communicate, upon request, to the Commission and other supervisory authorities details of decisions taken with regard to the supervision of litigation funders, including details of decisions taken pursuant to Article 8(4), point (b).

6.   Where a litigation funder has sought authorisation from a supervisory authority, and subsequently seeks authorisation from another, such supervisory authorities shall coordinate and share information to the extent appropriate, with a view to taking consistent decisions, while having due regard to diverging national rules.

7.   Where a litigation funder is authorised by a supervisory authority in a Member State, but wishes to offer a third-party funding agreement for the benefit of a claimant or other intended beneficiary in another Member State, or for proceedings in another Member State it shall present proof of authorisation from its home Member State supervisory authority. Where a supervisory authority in that other Member State is aware of irregularities in the conduct of the litigation funder, it shall directly inform the responsible supervisory authority.

Article 11

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 10(2) shall be conferred on the Commission for a period of 5 years from... [date of entry into force of the basic legislative act or any other date set by the co-legislators].

The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Article 10(2) 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.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Article 10(2) 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.

Chapter IV

Chapter IV

Third party funding


  agreements and activities of litigation funders

Third party funding

agreements and activities of litigation funders

Article 12

Content of third-party funding agreements

Member States shall ensure that third-party funding agreements are required to be provided in writing in one of the official languages of the Member State in which the claimant and intended beneficiaries are resident, and presented in a clear and easily comprehensible manner and include as a minimum:

| a. | the different costs and expenses that the litigation funder will cover; |
| --- | --- |

a.

the different costs and expenses that the litigation funder will cover;

| b. | the share of any award or fees that will be paid to the litigation funder or any other third party, or any other financial costs to be borne, directly or indirectly, by the claimants, the intended beneficiaries, or both; |
| --- | --- |

b.

the share of any award or fees that will be paid to the litigation funder or any other third party, or any other financial costs to be borne, directly or indirectly, by the claimants, the intended beneficiaries, or both;

| c. | a reference to the responsibility of the litigation funder as regards adverse costs, in accordance with Article 18 of this Directive; |
| --- | --- |

c.

a reference to the responsibility of the litigation funder as regards adverse costs, in accordance with Article 18 of this Directive;

| d. | a clause specifying that any awards from which the fees of the funder are deductible will be paid in full first to the claimants who may then subsequently pay any agreed sums to litigation funders as fees or commission, retaining at least the minimum amounts provided for in this Directive; |
| --- | --- |

d.

a clause specifying that any awards from which the fees of the funder are deductible will be paid in full first to the claimants who may then subsequently pay any agreed sums to litigation funders as fees or commission, retaining at least the minimum amounts provided for in this Directive;

| e. | the risks that the claimants, intended beneficiaries or both are assuming, including:






  i. | the scope for escalating costs in the litigation, and how that impacts the financial interests of the claimants, beneficiaries or both; |
| --- | --- | --- |

e.

the risks that the claimants, intended beneficiaries or both are assuming, including:

i.

the scope for escalating costs in the litigation, and how that impacts the financial interests of the claimants, beneficiaries or both;

| ii. | the strictly defined circumstances in which the third-party funding agreement can be terminated and the risks to claimants, beneficiaries or both in that scenario, and |
| --- | --- |

ii.

the strictly defined circumstances in which the third-party funding agreement can be terminated and the risks to claimants, beneficiaries or both in that scenario, and

| iii. | any potential risk of having to pay adverse costs, including circumstances in which adverse costs insurance or indemnities may not cover such exposure. |
| --- | --- |

iii.

any potential risk of having to pay adverse costs, including circumstances in which adverse costs insurance or indemnities may not cover such exposure.

| f. | a disclaimer with regard to non-conditionality of funding in relation to procedural steps; |
| --- | --- |

f.

a disclaimer with regard to non-conditionality of funding in relation to procedural steps;

| g. | a declaration of absence of conflict of interest by the litigation funder. |
| --- | --- |

g.

a declaration of absence of conflict of interest by the litigation funder.

Article 13

Transparency requirements and avoidance of conflicts of interest

1.   Member States shall require litigation funders to establish a policy and to implement internal processes for the avoidance and resolution of conflicts of interest. That policy and those internal processes shall be appropriate to the nature, scale and complexity of the litigation funder’s business, and shall be set out in writing and made publicly available on the litigation funder’s website. They shall also be clearly stated in an annex to any third-party funding agreement.

2.   Member States shall require litigation funders to disclose to a claimant and intended beneficiaries in the third-party funding agreement all information that may reasonably be perceived as having the potential to give rise to a conflict of interest. Litigation funders’ disclosures shall include at least the following:

| (a) | details of any arrangements that exist, financial or otherwise, between the litigation funder and any other undertaking that relate to the proceedings, including any arrangements with any relevant qualified entity, claims aggregator, lawyers, or other interested party; |
| --- | --- |

(a)

details of any arrangements that exist, financial or otherwise, between the litigation funder and any other undertaking that relate to the proceedings, including any arrangements with any relevant qualified entity, claims aggregator, lawyers, or other interested party;

| (b) | details of any relevant connection between the litigation funder and a defendant in the proceedings, in particular in relation to any situation of competition. |
| --- | --- |

(b)

details of any relevant connection between the litigation funder and a defendant in the proceedings, in particular in relation to any situation of competition.

Article 14

Invalid agreements and clauses

1.   Member States shall ensure that third-party funding agreements concluded with natural or legal persons who are not authorised to act as a litigation funder have no legal effect.

2.   Member States shall ensure that third-party funders are not permitted to influence the decisions of a claimant in the course of proceedings in a manner that would benefit the litigation funder itself at the expense of the claimant. To that end, any clause in third-party funding agreements granting a litigation funder the power to take or influence decisions in relation to proceedings shall have no legal effect. Any such clause or arrangement consisting of, inter alia, the following shall have no legal effect:

| (a) | the grant of an explicit power to a litigation funder to take or influence decisions in the course of proceedings, such as with respect to specific claims pursued, settlement of the case, or management of expenses associated with the proceedings; |
| --- | --- |

(a)

the grant of an explicit power to a litigation funder to take or influence decisions in the course of proceedings, such as with respect to specific claims pursued, settlement of the case, or management of expenses associated with the proceedings;

| (b) | the provision of capital or any other resource with a monetary value for the purposes of proceedings, contingent on the approval by third-party funders of its specific use. |
| --- | --- |

(b)

the provision of capital or any other resource with a monetary value for the purposes of proceedings, contingent on the approval by third-party funders of its specific use.

3.   Member States shall provide that agreements in which a litigation funder is guaranteed to receive a minimum return on its investment before a claimant or intended beneficiary can receive their share have no legal effect.

4.   Absent exceptional circumstances, where a litigation funding agreement would entitle a litigation funder to a share of any award that would dilute the share available to the claimant and the intended beneficiaries to 60 % or less of the total award, including all damages amounts, costs, fees and others expenses, such an agreement shall have no legal effect.

5.   Member States shall ensure that third-party funding agreements do not contain provisions that limit the liability of a litigation funder in the event of an order for adverse costs following unsuccessful proceedings. Provisions that purport to limit a litigation funder’s liability for costs shall have no legal effect.

6.   Member States shall ensure that the conditions governing third-party funding agreements do not permit the withdrawal of that funding, save in prescribed circumstances defined by national law in accordance with Article 15(1).

7.   Claimants and intended beneficiaries shall be indemnified in respect of any losses caused by a litigation funder that entered into a third-party funding agreement which is found to be invalid. The rights of the claimants and of the intended beneficiaries of the proceedings shall not be affected.

Article 15

Termination of third-party funding agreements

1.   Member States shall prohibit the unilateral termination of a third-party funding agreement by a litigation funder without the claimant’s informed consent, except where a court or administrative authority has granted the litigation funder permission to terminate the agreement, having considered whether the interests of the claimant and intended beneficiaries would be adequately protected despite the termination.

2.   Sufficient notice as provided for in national law shall be required to be given in order to terminate the third-party funding agreement.

Chapter V

Chapter V

Review by courts or administrative authorities

Review by courts or administrative authorities

Article 16

Disclosure of the third-party funding agreement

1.   Member States shall ensure that claimants or their representatives are required to inform the relevant court or administrative authority of the existence of a third-party funding agreement and of the identity of the litigation funder and to provide, at the request of the court or the administrative authority or of the defendant, to the relevant court or administrative authority, a complete and unredacted copy of such third-party funding agreements relating to the proceedings concerned to the relevant court or administrative authority at the earliest stage of those proceedings. Member States shall also ensure that defendants are made aware by the court or the administrative authority of the existence of a third-party funding agreement, and of the identity of the litigation funder.

2.   Member States shall ensure that courts or administrative authorities are empowered to review the third-party funding agreement in accordance with Article 17, at the request of a party to the proceedings, where that party has justified doubts in respect of the compliance of such third-party funding agreement with this Directive and any other applicable national law, or on their own initiative.

Article 17

Review of third-party funding agreements by courts or administrative authorities

Member States shall designate the competent court or administrative authority to perform the different judicial and administrative tasks provided for under this Directive. Such designation shall in particular specify that the court or administrative authority before which a privately funded case is brought is to conduct controls, without undue delay and at the request of a party to the proceedings or on their own initiative, on the impact of funding agreements on the cases before them, by exercising powers:

| (a) | to make orders or give directions that are binding on a litigation funder, such as requiring the litigation funder to provide the funding as agreed in the relevant third-party funding agreement or requiring the litigation funder to make changes in respect of the relevant funding; |
| --- | --- |

(a)

to make orders or give directions that are binding on a litigation funder, such as requiring the litigation funder to provide the funding as agreed in the relevant third-party funding agreement or requiring the litigation funder to make changes in respect of the relevant funding;

| (b) | to assess the compliance of each third-party funding agreement with the provisions laid down in this Directive, particularly with the fiduciary duty owed to claimants and intended beneficiaries under Article 7, and, where that agreement is found not to be compliant, order the litigation funder to make the necessary changes, or declare a clause to be null and void in accordance with Article 14; |
| --- | --- |

(b)

to assess the compliance of each third-party funding agreement with the provisions laid down in this Directive, particularly with the fiduciary duty owed to claimants and intended beneficiaries under Article 7, and, where that agreement is found not to be compliant, order the litigation funder to make the necessary changes, or declare a clause to be null and void in accordance with Article 14;

| (c) | to evaluate the conformity of each third-party funding agreement with respect to the transparency requirements under Article 13; |
| --- | --- |

(c)

to evaluate the conformity of each third-party funding agreement with respect to the transparency requirements under Article 13;

| (d) | to assess whether a third-party funding agreement entitles a litigation funder to an unfair, disproportionate or unreasonable share of any award as described in Article 14(4), and to annul or adjust such an agreement accordingly. Member States shall specify that in making such an assessment, competent courts or administrative authorities may take into consideration the characteristics and circumstances of the intended or ongoing proceedings including, as appropriate:






  (i) | the parties that are involved in the case, as well as the intended beneficiaries of the proceedings, and what they understood to be agreed as regards the amount the litigation funder would receive under the funding agreement, upon a successful outcome; |
| --- | --- | --- |

(d)

to assess whether a third-party funding agreement entitles a litigation funder to an unfair, disproportionate or unreasonable share of any award as described in Article 14(4), and to annul or adjust such an agreement accordingly. Member States shall specify that in making such an assessment, competent courts or administrative authorities may take into consideration the characteristics and circumstances of the intended or ongoing proceedings including, as appropriate:

(i)

the parties that are involved in the case, as well as the intended beneficiaries of the proceedings, and what they understood to be agreed as regards the amount the litigation funder would receive under the funding agreement, upon a successful outcome;

| (ii) | the likely value of any award; |
| --- | --- |

(ii)

the likely value of any award;

| (iii) | the value of a litigation funder’s financial contribution and the proportion of the claimant’s overall costs that is funded by the litigation funder, and |
| --- | --- |

(iii)

the value of a litigation funder’s financial contribution and the proportion of the claimant’s overall costs that is funded by the litigation funder, and

| (iv) | the proportion of any award that the claimant and intended beneficiaries stand to receive; |
| --- | --- |

(iv)

the proportion of any award that the claimant and intended beneficiaries stand to receive;

| (e) | to impose any penalty the court or administrative authority deems appropriate to ensure compliance with this Directive; |
| --- | --- |

(e)

to impose any penalty the court or administrative authority deems appropriate to ensure compliance with this Directive;

| (f) | to consult or seek expertise from persons with appropriate knowledge and independence to assist in the performance of the court’s or administrative authority’s assessment powers, including from any suitably qualified expert or from supervisory authorities. |
| --- | --- |

(f)

to consult or seek expertise from persons with appropriate knowledge and independence to assist in the performance of the court’s or administrative authority’s assessment powers, including from any suitably qualified expert or from supervisory authorities.

Article 18

Responsibility for adverse costs

1.   Where the claimant party has insufficient resources to meet adverse costs, Member States shall ensure that courts or administrative authorities are empowered to make cost orders against litigation funders, whether jointly or severally with claimants, following an unsuccessful outcome in proceedings. In such a case, courts or administrative authorities may require litigation funders to pay any appropriate adverse costs, having regard to:

| (a) | the value and proportion of any award that the litigation funder would have received had the claim been successful; |
| --- | --- |

(a)

the value and proportion of any award that the litigation funder would have received had the claim been successful;

| (b) | the extent to which any costs that are not paid by a litigation funder would instead fall on a defendant, the claimant, or any other intended beneficiaries; |
| --- | --- |

(b)

the extent to which any costs that are not paid by a litigation funder would instead fall on a defendant, the claimant, or any other intended beneficiaries;

| (c) | the conduct of the litigation funder throughout the proceedings and, in particular, its compliance with this Directive and whether its conduct has contributed to the overall cost of the proceedings; and |
| --- | --- |

(c)

the conduct of the litigation funder throughout the proceedings and, in particular, its compliance with this Directive and whether its conduct has contributed to the overall cost of the proceedings; and

| (d) | the value of the litigation funder’s initial investment. |
| --- | --- |

(d)

the value of the litigation funder’s initial investment.

Chapter VI

Chapter VI

Final provisions

Final provisions

Article 19

Sanctions

1.   Member States shall lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive. Member States shall, [by .../without delay], notify the Commission of those rules and of those measures and shall notify it [, without delay,] of any subsequent amendment affecting them.

2.   Supervisory authorities may in particular impose proportionate fines calculated on the basis of an undertaking’s turnover, temporarily or indefinitely withdraw the authorisation to operate, and may impose other appropriate administrative sanctions.

Article 20

Review

1.   No later than ...[(...) years after the date of application of this Directive], the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted in accordance with the Commission’s better regulation guidelines. In the report, the Commission shall, in particular, assess the effectiveness of the Directive, with particular regard to the level of fees or interest deducted from claimants’ awards, including from intended beneficiaries, for the benefit of litigation funders, the impact litigation funders have on the level of dispute resolution activity and the extent to which third-party litigation funding has allowed better access to justice.

2.   Member States shall provide the Commission, for the first time by ...[(...) years after the date of application of this Directive] and annually thereafter, with the following information necessary for the preparation of the report referred to in paragraph 1:

| (a) | the identity, number and type of entities that are recognised as authorised litigation funders; |
| --- | --- |

(a)

the identity, number and type of entities that are recognised as authorised litigation funders;

| (b) | any changes to that list and the reasons therefor; |
| --- | --- |

(b)

any changes to that list and the reasons therefor;

| (c) | the number and type of proceedings that are funded in whole or in part by a litigation funder; |
| --- | --- |

(c)

the number and type of proceedings that are funded in whole or in part by a litigation funder;

| (d) | the outcomes of those proceedings in terms of the amounts earned by litigation funders in comparison to the awards made to claimants and intended beneficiaries. |
| --- | --- |

(d)

the outcomes of those proceedings in terms of the amounts earned by litigation funders in comparison to the awards made to claimants and intended beneficiaries.

Article 21

Transposition

1.   Member States shall adopt and publish, by ... [day/month/year], the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.

They shall apply those measures from ... [day/month/year].

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive.

Article 22

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 23

Addressees

This Directive is addressed to the Member States.

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(1)  OJ [...]

1

(2)  OJ [...]

2

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/23 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/23

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P9_TA(2022)0310

New EU forest strategy for 2030 — Sustainable Forest Management in Europe

European Parliament resolution of 13 September 2022 on a new EU Forest Strategy for 2030 — Sustainable Forest Management in Europe (2022/2016(INI))

(2023/C 125/02)

The European Parliament,

| — | having regard to the Commission communication of 16 July 2021 entitled ‘New EU Forest Strategy for 2030’ (COM(2021)0572), |
| --- | --- |

—

having regard to the Commission communication of 16 July 2021 entitled ‘New EU Forest Strategy for 2030’ (COM(2021)0572),

| — | having regard to its resolution of 8 October 2020 on the European Forest Strategy — The Way Forward (1), |
| --- | --- |

—

having regard to its resolution of 8 October 2020 on the European Forest Strategy — The Way Forward (1),

| — | having regard to its resolution of 28 April 2015 on ‘A new EU Forest Strategy: for forests and the forest-based sector’ (2), |
| --- | --- |

—

having regard to its resolution of 28 April 2015 on ‘A new EU Forest Strategy: for forests and the forest-based sector’ (2),

| — | having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Article 4 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Article 4 thereof,

| — | having regard to the UN 2030 Agenda for Sustainable Development and the Sustainable Development Goals, |
| --- | --- |

—

having regard to the UN 2030 Agenda for Sustainable Development and the Sustainable Development Goals,

| — | having regard to the Agreement adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (the Paris Agreement), |
| --- | --- |

—

having regard to the Agreement adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (the Paris Agreement),

| — | having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640), and the ensuing political guidelines from Commission President Ursula von der Leyen and the Commission, |
| --- | --- |

—

having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640), and the ensuing political guidelines from Commission President Ursula von der Leyen and the Commission,

| — | having regard to Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (European Climate Law) (3), |
| --- | --- |

—

having regard to Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (European Climate Law) (3),

| — | having regard to Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (4), |
| --- | --- |

—

having regard to Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (4),

| — | having regard to Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (5) (Renewable Energy Directive), |
| --- | --- |

—

having regard to Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (5) (Renewable Energy Directive),

| — | having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) (6), |
| --- | --- |

—

having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) (6),

| — | having regard to Commission Delegated Regulation (EU) 2021/268 of 28 October 2020 amending Annex IV to Regulation (EU) 2018/841 of the European Parliament and of the Council as regards the forest reference levels to be applied by the Member States for the period 2021-2025 (7), |
| --- | --- |

—

having regard to Commission Delegated Regulation (EU) 2021/268 of 28 October 2020 amending Annex IV to Regulation (EU) 2018/841 of the European Parliament and of the Council as regards the forest reference levels to be applied by the Member States for the period 2021-2025 (7),

| — | having regard to the Commission communication of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030 — Bringing nature back into our lives’ (COM(2020)0380), |
| --- | --- |

—

having regard to the Commission communication of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030 — Bringing nature back into our lives’ (COM(2020)0380),

| — | having regard to the Commission communication of 10 March 2020 entitled ‘A New Industrial Strategy for Europe’ (COM(2020)0102), |
| --- | --- |

—

having regard to the Commission communication of 10 March 2020 entitled ‘A New Industrial Strategy for Europe’ (COM(2020)0102),

| — | having regard to the Commission communication of 30 June 2021 entitled ‘A long-term Vision for the EU’s Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040’ (COM(2021)0345), |
| --- | --- |

—

having regard to the Commission communication of 30 June 2021 entitled ‘A long-term Vision for the EU’s Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040’ (COM(2021)0345),

| — | having regard to the Commission communication of 14 October 2020 entitled ‘A Renovation Wave for Europe — greening our buildings, creating jobs, improving lives’ (COM(2020)0662), |
| --- | --- |

—

having regard to the Commission communication of 14 October 2020 entitled ‘A Renovation Wave for Europe — greening our buildings, creating jobs, improving lives’ (COM(2020)0662),

| — | having regard to the Commission communication of 11 October 2018 entitled ‘A sustainable Bioeconomy for Europe: Strengthening the connection between economy, society and the environment’ (COM(2018)0673), |
| --- | --- |

—

having regard to the Commission communication of 11 October 2018 entitled ‘A sustainable Bioeconomy for Europe: Strengthening the connection between economy, society and the environment’ (COM(2018)0673),

| — | having regard to the Commission Communication of 23 March 2022 on safeguarding food security and reinforcing the resilience of food systems (COM(2022)0133), |
| --- | --- |

—

having regard to the Commission Communication of 23 March 2022 on safeguarding food security and reinforcing the resilience of food systems (COM(2022)0133),

| — | having regard to the New European Bauhaus Initiative, |
| --- | --- |

—

having regard to the New European Bauhaus Initiative,

| — | having regard to the draft Commission regulation declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union and repealing Commission Regulation (EU) No 702/2014 (8), |
| --- | --- |

—

having regard to the draft Commission regulation declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union and repealing Commission Regulation (EU) No 702/2014 (8),

| — | having regard to the Council conclusions of 5 November 2021 on the new EU Forest Strategy for 2030, |
| --- | --- |

—

having regard to the Council conclusions of 5 November 2021 on the new EU Forest Strategy for 2030,

| — | having regard to the opinion of the European Economic and Social Committee of 8 December 2021 on the Commission communication entitled ‘New EU Forest Strategy for 2030’ (9), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 8 December 2021 on the Commission communication entitled ‘New EU Forest Strategy for 2030’ (9),

| — | having regard to the opinion of the European Committee of the Regions of 28 April 2022 on the Commission communication entitled ‘New EU Forest Strategy for 2030’, |
| --- | --- |

—

having regard to the opinion of the European Committee of the Regions of 28 April 2022 on the Commission communication entitled ‘New EU Forest Strategy for 2030’,

| — | having regard to the responsibilities of the Member States under the UN Convention to Combat Desertification, |
| --- | --- |

—

having regard to the responsibilities of the Member States under the UN Convention to Combat Desertification,

| — | having regard to the European Court of Auditors report of 2021 entitled ‘Special Report 21/2021 — EU funding for biodiversity and climate change in EU forests: positive but limited results’, |
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—

having regard to the European Court of Auditors report of 2021 entitled ‘Special Report 21/2021 — EU funding for biodiversity and climate change in EU forests: positive but limited results’,

| — | having regard to the Commission publication of 2018 entitled ‘Guidance on cascading use of biomass with selected good practice examples on woody biomass’, |
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—

having regard to the Commission publication of 2018 entitled ‘Guidance on cascading use of biomass with selected good practice examples on woody biomass’,

| — | having regard to the 2020 report of the Commission’s Joint Research Centre entitled ‘Mapping and Assessment of Ecosystems and their Services: An EU ecosystem assessment’, |
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—

having regard to the 2020 report of the Commission’s Joint Research Centre entitled ‘Mapping and Assessment of Ecosystems and their Services: An EU ecosystem assessment’,

| — | having regard to the European Environmental Agency report of 2020 entitled ‘State of nature in the EU — Results from reporting under the nature directives 2013-2018’, |
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—

having regard to the European Environmental Agency report of 2020 entitled ‘State of nature in the EU — Results from reporting under the nature directives 2013-2018’,

| — | having regard to the Forest Europe report of 2020 entitled ‘State of Europe’s Forests 2020’, |
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—

having regard to the Forest Europe report of 2020 entitled ‘State of Europe’s Forests 2020’,

| — | having regard to the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) global assessment report on biodiversity and ecosystem services, |
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—

having regard to the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) global assessment report on biodiversity and ecosystem services,

| — | having regard to the Kunming Declaration –‘Ecological Civilization: Building a Shared Future for All Life on Earth’, |
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—

having regard to the Kunming Declaration –‘Ecological Civilization: Building a Shared Future for All Life on Earth’,

| — | having regard to the report of Working Group II of the Intergovernmental Panel on Climate Change (IPCC) entitled ‘Climate Change 2022: Impacts, Adaptation and Vulnerability’, |
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—

having regard to the report of Working Group II of the Intergovernmental Panel on Climate Change (IPCC) entitled ‘Climate Change 2022: Impacts, Adaptation and Vulnerability’,

| — | having regard to the IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems, |
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—

having regard to the IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems,

| — | having regard to the judgment of the Court of Justice of the European Union of 17 April 2018 in Case C-441/17 European Commission v Republic of Poland (10), |
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—

having regard to the judgment of the Court of Justice of the European Union of 17 April 2018 in Case C-441/17 European Commission v Republic of Poland (10),

| — | having regard to the projects and practices for coordinating forest information in Europe (the European National Forest Inventory Network (ENFIN), the FutMon project, the Diabolo project, the European Atlas of Forest Tree Species, and the Mapping and Assessment of Ecosystems and their Services (MAES) programme), |
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—

having regard to the projects and practices for coordinating forest information in Europe (the European National Forest Inventory Network (ENFIN), the FutMon project, the Diabolo project, the European Atlas of Forest Tree Species, and the Mapping and Assessment of Ecosystems and their Services (MAES) programme),

| — | having regard to the IPBES-IPCC co-sponsored workshop report on biodiversity and climate change of 10 June 2021, |
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—

having regard to the IPBES-IPCC co-sponsored workshop report on biodiversity and climate change of 10 June 2021,

| — | having regard to Rule 54 of its Rules of Procedure, |
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—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Development, |
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—

having regard to the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Development,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A9-0225/2022), |
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—

having regard to the report of the Committee on Agriculture and Rural Development (A9-0225/2022),

| A. | whereas the EU has set the binding targets of reducing greenhouse gas emissions by at least 55 % by 2030 and of reaching climate neutrality by 2050 (11) at the latest; whereas the EU is committed to the UN Sustainable Development Goals (SDGs), including SDG 15 which is to protect, restore and promote the sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, halt and reverse land degradation and halt biodiversity loss, and to the Paris Agreement and the pledges made at the 2021 UN Climate Change Conference (COP26); whereas forests and forest-based industries and services, as well as owners and workers, will play a major and irreplaceable role in achieving the SDGs and the Paris Agreement targets, while forest ecosystems and their carbon pools are essential for climate mitigation and adaptation, since they absorb and store around 10 % of Europe’s greenhouse gas emissions (12) and are major hosts of biodiversity; |
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A.

whereas the EU has set the binding targets of reducing greenhouse gas emissions by at least 55 % by 2030 and of reaching climate neutrality by 2050 (11) at the latest; whereas the EU is committed to the UN Sustainable Development Goals (SDGs), including SDG 15 which is to protect, restore and promote the sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, halt and reverse land degradation and halt biodiversity loss, and to the Paris Agreement and the pledges made at the 2021 UN Climate Change Conference (COP26); whereas forests and forest-based industries and services, as well as owners and workers, will play a major and irreplaceable role in achieving the SDGs and the Paris Agreement targets, while forest ecosystems and their carbon pools are essential for climate mitigation and adaptation, since they absorb and store around 10 % of Europe’s greenhouse gas emissions (12) and are major hosts of biodiversity;

| B. | whereas Article 4 TFEU provides for shared competences and responsibility with regard to forests, particularly within the framework of EU environmental policy, while making no reference to a common EU forest policy and thus maintaining forest policy as a Member State competence; whereas due to the high diversity of the EU’s forests with regard to biogeography, structure, size, biodiversity, ownership patterns and existing policies, where environmental, climate and other relevant policies touch upon forests, it is necessary to duly apply the principles of subsidiarity and proportionality in the development and implementation of the new EU Forest Strategy (the strategy) and relevant EU legislation; whereas details related to forest management need to be adjusted at national and regional level, taking a bottom-up approach; whereas further EU-level coordination is necessary to better achieve the objectives of the European Green Deal and to be able to calculate potential emission reductions and forest use limits more precisely in view of the important role of forests in achieving European climate objectives; |
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B.

whereas Article 4 TFEU provides for shared competences and responsibility with regard to forests, particularly within the framework of EU environmental policy, while making no reference to a common EU forest policy and thus maintaining forest policy as a Member State competence; whereas due to the high diversity of the EU’s forests with regard to biogeography, structure, size, biodiversity, ownership patterns and existing policies, where environmental, climate and other relevant policies touch upon forests, it is necessary to duly apply the principles of subsidiarity and proportionality in the development and implementation of the new EU Forest Strategy (the strategy) and relevant EU legislation; whereas details related to forest management need to be adjusted at national and regional level, taking a bottom-up approach; whereas further EU-level coordination is necessary to better achieve the objectives of the European Green Deal and to be able to calculate potential emission reductions and forest use limits more precisely in view of the important role of forests in achieving European climate objectives;

| C. | whereas the principle of the European Green Deal as a cross-cutting approach to tackle the climate and environmental challenges, ensuring that nature and biodiversity can be appropriately protected, in a way that creates sustainable growth and jobs in a resource-efficient, carbon-neutral and fully circular and competitive economy within planetary boundaries, should guide the implementation of the strategy in managing trade-offs, creating synergies and finding the right balance between the multiple functions of forests, including the socioeconomic, environmental and climate functions; whereas an ‘ecosystem’ is a physical environment made up of living and non-living components that interact with one another; whereas from these interactions, ecosystems create a flow of benefits to people and the economy called ‘ecosystem services’; whereas climate change and the loss of biodiversity and the associated ecosystem services pose a systemic threat to society; whereas forests provide a wide array of ecosystem services, such as the provision of wood, non-wood products and food, carbon sequestration, shelter for biodiversity, clean air and water, benefits for the local climate, and protection against natural hazards such as avalanches, flooding, drought and rockfall, as well as providing recreational, cultural and historic value; whereas the aim of sustainable forest management is to ensure the balanced provision of the various ecosystem services and to support climate change adaptation and mitigation efforts; |
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C.

whereas the principle of the European Green Deal as a cross-cutting approach to tackle the climate and environmental challenges, ensuring that nature and biodiversity can be appropriately protected, in a way that creates sustainable growth and jobs in a resource-efficient, carbon-neutral and fully circular and competitive economy within planetary boundaries, should guide the implementation of the strategy in managing trade-offs, creating synergies and finding the right balance between the multiple functions of forests, including the socioeconomic, environmental and climate functions; whereas an ‘ecosystem’ is a physical environment made up of living and non-living components that interact with one another; whereas from these interactions, ecosystems create a flow of benefits to people and the economy called ‘ecosystem services’; whereas climate change and the loss of biodiversity and the associated ecosystem services pose a systemic threat to society; whereas forests provide a wide array of ecosystem services, such as the provision of wood, non-wood products and food, carbon sequestration, shelter for biodiversity, clean air and water, benefits for the local climate, and protection against natural hazards such as avalanches, flooding, drought and rockfall, as well as providing recreational, cultural and historic value; whereas the aim of sustainable forest management is to ensure the balanced provision of the various ecosystem services and to support climate change adaptation and mitigation efforts;

| D. | whereas wood-based products contribute to climate change mitigation by storing carbon and substituting products with a large carbon footprint, including building- and packaging materials, textiles, chemicals and fuels; whereas wood-based products are renewable and to a large extent recyclable, and as such have huge potential to support a circular bioeconomy; whereas this makes the forestry sector and the forest-based industries key actors in a green economy; |
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D.

whereas wood-based products contribute to climate change mitigation by storing carbon and substituting products with a large carbon footprint, including building- and packaging materials, textiles, chemicals and fuels; whereas wood-based products are renewable and to a large extent recyclable, and as such have huge potential to support a circular bioeconomy; whereas this makes the forestry sector and the forest-based industries key actors in a green economy;

| E. | whereas as part of the ‘Fit for 55’ package and the target of aligning climate policy with the Paris Agreement, the Renewable Energy Directive and the Regulation on the Inclusion of Greenhouse Gas Emissions from Land Use, Land Use Change and Forestry (13) are under revision; whereas the Commission has proposed a regulation on deforestation-free products; whereas in the light of the European concept of multifunctional forests, these initiatives must be coherent with the high-level political targets of the Green Deal, the Bioeconomy Action Plan, the Circular Economy Strategy, the Forest Strategy, the Biodiversity Strategy and the Long-Term Vision for Rural Areas; |
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E.

whereas as part of the ‘Fit for 55’ package and the target of aligning climate policy with the Paris Agreement, the Renewable Energy Directive and the Regulation on the Inclusion of Greenhouse Gas Emissions from Land Use, Land Use Change and Forestry (13) are under revision; whereas the Commission has proposed a regulation on deforestation-free products; whereas in the light of the European concept of multifunctional forests, these initiatives must be coherent with the high-level political targets of the Green Deal, the Bioeconomy Action Plan, the Circular Economy Strategy, the Forest Strategy, the Biodiversity Strategy and the Long-Term Vision for Rural Areas;

| F. | whereas forest ownership across Europe is diverse in terms of size and ownership structure, leading to a great diversity of management models; whereas about 60 % of the EU’s forests are owned by 16 million private forest owners (14), of whom a significant share are small-holders (15), while approximately 40 % of the EU’s forests are under different forms of public ownership; whereas a small number of forest owners own a significant share of the total forest area, some of whom own the main EU wood processing plants; whereas involving, supporting and encouraging, before resorting to penalising, these owners through a comprehensive policy and legislative framework that provides legal certainty, and that is based on recognition of their property rights, their experience as managers, the importance of the revenue generated through forest management and specific challenges, will be key to achieving the strategy’s targets, including the provision of climate and other ecosystem services; whereas it is important, in this regard, to ensure that this framework is clear and transparent and to avoid an excessive administrative burden on all actors; |
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F.

whereas forest ownership across Europe is diverse in terms of size and ownership structure, leading to a great diversity of management models; whereas about 60 % of the EU’s forests are owned by 16 million private forest owners (14), of whom a significant share are small-holders (15), while approximately 40 % of the EU’s forests are under different forms of public ownership; whereas a small number of forest owners own a significant share of the total forest area, some of whom own the main EU wood processing plants; whereas involving, supporting and encouraging, before resorting to penalising, these owners through a comprehensive policy and legislative framework that provides legal certainty, and that is based on recognition of their property rights, their experience as managers, the importance of the revenue generated through forest management and specific challenges, will be key to achieving the strategy’s targets, including the provision of climate and other ecosystem services; whereas it is important, in this regard, to ensure that this framework is clear and transparent and to avoid an excessive administrative burden on all actors;

| G. | whereas the EU is home to approximately 5 % of the world’s total forest area, with forests accounting for 43 % of the EU’s land area, a slightly higher proportion than the area of land used for agriculture, and containing 80 % of its terrestrial biodiversity (16); whereas, according to the European Environment Agency report entitled ‘The European environment — state and outlook 2020: knowledge for transition to a sustainable Europe’ (17), Europe has experienced a massive decline in biodiversity; whereas almost 23 % of European forests are to be found in Natura 2000 sites, with the share in some Member States exceeding 50 %; whereas almost half the natural habitats in Natura 2000 areas are forests; |
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G.

whereas the EU is home to approximately 5 % of the world’s total forest area, with forests accounting for 43 % of the EU’s land area, a slightly higher proportion than the area of land used for agriculture, and containing 80 % of its terrestrial biodiversity (16); whereas, according to the European Environment Agency report entitled ‘The European environment — state and outlook 2020: knowledge for transition to a sustainable Europe’ (17), Europe has experienced a massive decline in biodiversity; whereas almost 23 % of European forests are to be found in Natura 2000 sites, with the share in some Member States exceeding 50 %; whereas almost half the natural habitats in Natura 2000 areas are forests;

| H. | whereas the most recent data gathered under Article 17 of the Habitats Directive indicates that the habitat parameter condition shows that only 49 % of forest habitats are in good condition (18), while the status of 29,6 % of habitats is unknown and 21,1 % are in poor condition and need to be improved; whereas focusing solely on aggregated data might be insufficient to identify and address key information on the most urgent issues and it is therefore necessary to consult more specific indicators on trends in condition and pressures and to ensure that missing data is available in the future; whereas these indicators do not support an overall negative assessment of the state of the EU’s forests, but show both positive and negative trends (19) that require nuanced case-by-case responses; whereas forests are increasingly vulnerable to the impacts of climate change, in particular the increasing prevalence of forest fires; whereas quantifying the effects of such disturbances on forests’ resilience and productivity on a large scale is still a major challenge; |
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H.

whereas the most recent data gathered under Article 17 of the Habitats Directive indicates that the habitat parameter condition shows that only 49 % of forest habitats are in good condition (18), while the status of 29,6 % of habitats is unknown and 21,1 % are in poor condition and need to be improved; whereas focusing solely on aggregated data might be insufficient to identify and address key information on the most urgent issues and it is therefore necessary to consult more specific indicators on trends in condition and pressures and to ensure that missing data is available in the future; whereas these indicators do not support an overall negative assessment of the state of the EU’s forests, but show both positive and negative trends (19) that require nuanced case-by-case responses; whereas forests are increasingly vulnerable to the impacts of climate change, in particular the increasing prevalence of forest fires; whereas quantifying the effects of such disturbances on forests’ resilience and productivity on a large scale is still a major challenge;

| I. | whereas a greater understanding of potential climate-driven natural disturbances of European forests should further support guidance on forest management and inform adaptation policies aimed at addressing these vulnerabilities; |
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I.

whereas a greater understanding of potential climate-driven natural disturbances of European forests should further support guidance on forest management and inform adaptation policies aimed at addressing these vulnerabilities;

| J. | whereas the collection and maintenance of transparent and reliable high-quality data, the exchange of knowledge and best practices, and adequately funded and well-coordinated research are of central importance in meeting the challenges and yielding opportunities and in delivering on the multiple functions of forests, including the various benefits provided by the products of forest-based industries, in an increasingly complex environment; whereas the data on forests available at EU level is incomplete and of varying quality, which hampers EU and Member State coordination of forest management and conservation; whereas, in particular, there is a need for better monitoring of forest ecosystem status, as well as of the impacts of forestry measures on biodiversity and the climate; |
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J.

whereas the collection and maintenance of transparent and reliable high-quality data, the exchange of knowledge and best practices, and adequately funded and well-coordinated research are of central importance in meeting the challenges and yielding opportunities and in delivering on the multiple functions of forests, including the various benefits provided by the products of forest-based industries, in an increasingly complex environment; whereas the data on forests available at EU level is incomplete and of varying quality, which hampers EU and Member State coordination of forest management and conservation; whereas, in particular, there is a need for better monitoring of forest ecosystem status, as well as of the impacts of forestry measures on biodiversity and the climate;

| K. | whereas at international level, the UN Food and Agriculture Organization (FAO) is the main forum for the development of internationally agreed definitions in the field of forests and forestry; whereas the FAO collects and provides data on forests and forestry; whereas the Commission and the Member States contribute to the work of the FAO; |
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K.

whereas at international level, the UN Food and Agriculture Organization (FAO) is the main forum for the development of internationally agreed definitions in the field of forests and forestry; whereas the FAO collects and provides data on forests and forestry; whereas the Commission and the Member States contribute to the work of the FAO;

| L. | whereas the provision of the various forest ecosystem services through the forestry sector and forest-based industries is an important pillar of income and employment, particularly in rural areas, but also in urban areas through the downstream use of such services; whereas the implementation of the strategy should pay due attention to the development of income and employment, but also to the attractiveness of employment in the sector through quality jobs, social protection, health and safety standards, the continuous development of skills partnerships involving stakeholders, and adequate training opportunities for managers and workers; whereas employment in European forestry dropped by a third between 2000 and 2015 — primarily owing to increased mechanisation in the wood and paper industry (20); whereas the improved design of forestry machinery can add to worker protection and reduce the impact on soil and water; whereas logging and the wood industry are among the most dangerous industrial sectors and have high levels of accidents at work, occupational disease and early retirement; |
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L.

whereas the provision of the various forest ecosystem services through the forestry sector and forest-based industries is an important pillar of income and employment, particularly in rural areas, but also in urban areas through the downstream use of such services; whereas the implementation of the strategy should pay due attention to the development of income and employment, but also to the attractiveness of employment in the sector through quality jobs, social protection, health and safety standards, the continuous development of skills partnerships involving stakeholders, and adequate training opportunities for managers and workers; whereas employment in European forestry dropped by a third between 2000 and 2015 — primarily owing to increased mechanisation in the wood and paper industry (20); whereas the improved design of forestry machinery can add to worker protection and reduce the impact on soil and water; whereas logging and the wood industry are among the most dangerous industrial sectors and have high levels of accidents at work, occupational disease and early retirement;

| M. | whereas the area and biomass volume of European forests are increasing (21), in contrast to the worrying trends of deforestation globally; whereas the EU can play an important role in addressing global deforestation, which is underlined by the Commission’s proposal for a regulation for deforestation-free products; whereas beyond regulating imports, a European Forest Strategy that showcases best practices for economically viable sustainable forest management could contribute to improving forest management globally; |
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M.

whereas the area and biomass volume of European forests are increasing (21), in contrast to the worrying trends of deforestation globally; whereas the EU can play an important role in addressing global deforestation, which is underlined by the Commission’s proposal for a regulation for deforestation-free products; whereas beyond regulating imports, a European Forest Strategy that showcases best practices for economically viable sustainable forest management could contribute to improving forest management globally;

| N. | whereas global voluntary certification schemes for sustainable forest management are currently in place; whereas certification schemes are an essential tool to meet EU Timber Regulation (22) requirements for due diligence (23); |
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N.

whereas global voluntary certification schemes for sustainable forest management are currently in place; whereas certification schemes are an essential tool to meet EU Timber Regulation (22) requirements for due diligence (23);

| O. | whereas the process of sustainable forest management in Europe should ensure that the right balance is achieved between the three pillars of sustainability — namely environmental protection, social development and economic development; |
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O.

whereas the process of sustainable forest management in Europe should ensure that the right balance is achieved between the three pillars of sustainability — namely environmental protection, social development and economic development;

| P. | whereas criteria and indicators to define sustainable forest management commonly used in the EU are based on pan-European cooperation within the Forest Europe process of which all Member States and the Commission are signatories; whereas as part of its ongoing work programme, Forest Europe has initiated a reassessment of the definition of sustainable forest management; whereas Forest Europe collects and provides information on the status of and trends in forests and forestry on the basis of the criteria for sustainable forest management; whereas there is a need to ensure that indicators and thresholds are evidence based and to work in close cooperation with the Member States in this respect; whereas new transparent indicators and thresholds could improve the sustainability of the sector, given its importance in terms of environmental, economic and social values; whereas the sustainable forest management framework will have to be clearly defined, in particular as regards the criteria, indicators and thresholds relating to ecosystem health, biodiversity and climate change, if it is to become a more detailed and useful screening tool for determining and comparing different management approaches, their impact and the overall status and conservation of European forests; whereas sustainable forest management should go hand in hand with promoting the multifunctional role of forests so as to ensure that it is completely in tune with the diversity of forests and the specific characteristics of each region; |
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P.

whereas criteria and indicators to define sustainable forest management commonly used in the EU are based on pan-European cooperation within the Forest Europe process of which all Member States and the Commission are signatories; whereas as part of its ongoing work programme, Forest Europe has initiated a reassessment of the definition of sustainable forest management; whereas Forest Europe collects and provides information on the status of and trends in forests and forestry on the basis of the criteria for sustainable forest management; whereas there is a need to ensure that indicators and thresholds are evidence based and to work in close cooperation with the Member States in this respect; whereas new transparent indicators and thresholds could improve the sustainability of the sector, given its importance in terms of environmental, economic and social values; whereas the sustainable forest management framework will have to be clearly defined, in particular as regards the criteria, indicators and thresholds relating to ecosystem health, biodiversity and climate change, if it is to become a more detailed and useful screening tool for determining and comparing different management approaches, their impact and the overall status and conservation of European forests; whereas sustainable forest management should go hand in hand with promoting the multifunctional role of forests so as to ensure that it is completely in tune with the diversity of forests and the specific characteristics of each region;

| Q. | whereas agroforestry, defined as land use systems in which trees are grown in combination with agriculture on the same land unit, is a suite of land management systems which can boost overall productivity, generate more biomass, maintain and restore soils, combat desertification and provide a number of valuable ecosystem services; whereas there are two main types of agroforestry in the EU: silvo-pastoral agroforestry (animals grazing or animal fodder produced under trees) and silvo-arable agroforestry (crops grown under trees, with row spacing allowing for tractor traffic); whereas the majority of existing agroforestry systems in the EU are silvo-pastoral systems and scaling up agroforestry can bring multiple benefits in the light of environmental pressures; |
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Q.

whereas agroforestry, defined as land use systems in which trees are grown in combination with agriculture on the same land unit, is a suite of land management systems which can boost overall productivity, generate more biomass, maintain and restore soils, combat desertification and provide a number of valuable ecosystem services; whereas there are two main types of agroforestry in the EU: silvo-pastoral agroforestry (animals grazing or animal fodder produced under trees) and silvo-arable agroforestry (crops grown under trees, with row spacing allowing for tractor traffic); whereas the majority of existing agroforestry systems in the EU are silvo-pastoral systems and scaling up agroforestry can bring multiple benefits in the light of environmental pressures;

| R. | whereas the EU’s Biodiversity Strategy for 2030 aims to ‘define, map, monitor and strictly protect all the EU’s remaining primary and old-growth forests’; whereas protecting forests, including all remaining EU primary and old-growth forests, is crucial for preserving biodiversity and mitigating climate change; whereas according to a 2021 Joint Research Centre report (24), only 4,9 million hectares of Europe’s primary and ancient forests remain, representing only 3 % of the Union’s total forest area and 1,2 % of the its land mass; whereas primary and old-growth forests play a key role in biodiversity conservation; whereas they are often highly biodiverse compared with other forests in the same ecological region, are species-rich and host specialised flora and fauna; whereas primary and old-growth forests also provide a wide array of other critical ecosystem services; whereas an operational definition of primary and old-growth forests is necessary for proper policy design, implementation and monitoring; |
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R.

whereas the EU’s Biodiversity Strategy for 2030 aims to ‘define, map, monitor and strictly protect all the EU’s remaining primary and old-growth forests’; whereas protecting forests, including all remaining EU primary and old-growth forests, is crucial for preserving biodiversity and mitigating climate change; whereas according to a 2021 Joint Research Centre report (24), only 4,9 million hectares of Europe’s primary and ancient forests remain, representing only 3 % of the Union’s total forest area and 1,2 % of the its land mass; whereas primary and old-growth forests play a key role in biodiversity conservation; whereas they are often highly biodiverse compared with other forests in the same ecological region, are species-rich and host specialised flora and fauna; whereas primary and old-growth forests also provide a wide array of other critical ecosystem services; whereas an operational definition of primary and old-growth forests is necessary for proper policy design, implementation and monitoring;

| S. | whereas the Integrate Network is a platform of representatives of different European countries, initiated by several Member State governments and supported by the Commission’s Standing Forestry Committee, which provides scientific advice and has served to date as an important driver of identifying means to integrate nature conservation into sustainable forest management; whereas the platform’s work has played an important role in the exchange of experiences and best practices; |
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S.

whereas the Integrate Network is a platform of representatives of different European countries, initiated by several Member State governments and supported by the Commission’s Standing Forestry Committee, which provides scientific advice and has served to date as an important driver of identifying means to integrate nature conservation into sustainable forest management; whereas the platform’s work has played an important role in the exchange of experiences and best practices;

| T. | whereas the Horizon 2020-funded Alterfor project considered the potential to optimise forest management methods currently in use and presented alternative forest management models, with opportunities and challenges listed for each alternative; |
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T.

whereas the Horizon 2020-funded Alterfor project considered the potential to optimise forest management methods currently in use and presented alternative forest management models, with opportunities and challenges listed for each alternative;

| U. | whereas the Horizon 2020-funded SINCERE project developed novel policies and new business models by connecting knowledge and expertise from practice, science and policy, across Europe and beyond, aiming to explore new means to enhance forest ecosystem services in ways that benefit forest owners, as well as serving broad societal needs; |
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U.

whereas the Horizon 2020-funded SINCERE project developed novel policies and new business models by connecting knowledge and expertise from practice, science and policy, across Europe and beyond, aiming to explore new means to enhance forest ecosystem services in ways that benefit forest owners, as well as serving broad societal needs;

| V. | whereas the war in Ukraine will have a major impact on imports of timber, particularly birchwood, of which Russia accounts for 80 % of global production, and on Europe’s wood-processing industry and exports of processed products; whereas the legitimate sanctions imposed on Russia raise the question of the EU’s dependency on timber imports from Russia; whereas the EU sources about 80 % of its demand for timber domestically, and imports from Russia only account for about 2 % of total consumption; whereas Finland and Sweden are the EU’s major importers of unprocessed roundwood from Russia and will be affected by trade bans (25); |
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V.

whereas the war in Ukraine will have a major impact on imports of timber, particularly birchwood, of which Russia accounts for 80 % of global production, and on Europe’s wood-processing industry and exports of processed products; whereas the legitimate sanctions imposed on Russia raise the question of the EU’s dependency on timber imports from Russia; whereas the EU sources about 80 % of its demand for timber domestically, and imports from Russia only account for about 2 % of total consumption; whereas Finland and Sweden are the EU’s major importers of unprocessed roundwood from Russia and will be affected by trade bans (25);

| W. | whereas illegal logging, including logging in protected areas such as Natura 2000 areas, is an ongoing and unresolved problem in a number of Member States; |
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W.

whereas illegal logging, including logging in protected areas such as Natura 2000 areas, is an ongoing and unresolved problem in a number of Member States;

| X. | whereas forests are essential for people’s physical and mental health and wellbeing, drive the transition towards a fossil-free economy and play an important role in the lives of local communities, especially in rural areas where they contribute in an important way to local livelihoods; |
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X.

whereas forests are essential for people’s physical and mental health and wellbeing, drive the transition towards a fossil-free economy and play an important role in the lives of local communities, especially in rural areas where they contribute in an important way to local livelihoods;

1.

Welcomes the new EU Forest Strategy and its ambition to increase the balanced contribution of multifunctional forests to the targets of the Green Deal and its EU 2030 Biodiversity Strategy, particularly the goals of creating sustainable green growth and green jobs, and of achieving a carbon-neutral, environmentally sustainable and fully circular economy within planetary boundaries and climate neutrality by 2050 at the latest; highlights the importance of a solid science-based strategy, considering the environmental, social and economic dimensions of sustainability in an integrated and balanced way, given that, in addition to contributing to climate and biodiversity goals, including through the protection of soils and water, forests provide economic and social benefits and a wide range of services, from a means of livelihood to recreation;

2.

Regrets that the new EU Forest Strategy was not properly developed together with the European Parliament, Member States and stakeholders and that the positions of the co-legislators were not adequately taken into account; stresses the importance of strengthening cooperation as regards implementing the new EU Forest Strategy for 2030;

3.

Recognises that, in line with sustainable forest management and to increase the quality and diversity of forest ecosystems, the maintenance, protection, strengthening, restoration and sustainable use of healthy and resilient forests are fundamental goals of the EU Forest Strategy and of all actors in forestry and the forest-based value chain, using timber as a versatile, renewable raw material to maximise self-sufficiency in the EU; notes, moreover, that these goals are in line with societal expectations and demands and with the key priorities of people in the EU; highlights that close-to-nature forestry and sustainable forest management have the potential to bring similar or better economic benefits, while preserving and promoting the integrity and resilience of ecosystems, and increasing forests’ potential as carbon sinks and biodiversity refuges and for biodiversity recovery;

4.

Recognises the vital role played by forests, their biodiversity and their unique ecosystems in contributing to the health of the environment, climate mitigation measures, the provision of clean air, water and soil stability, and fertility, while providing diverse habitats and micro-habitats to many species, thereby supporting rich biodiversity; highlights the essential role of forests in human health and wellbeing, including urban and peri-urban woodlands which are accessible to those most lacking contact with nature, as well as in providing educational and tourist services; emphasises the need to promote the ‘One Health’ approach, which recognises the intrinsic connection between human health, animal health and healthy nature; stresses that the sound management of Natura 2000 sites is essential for maintaining and enhancing European biodiversity and ecosystems and the services they provide;

5.

Stresses the essential role of forest ecosystems in mitigating and adapting to climate change and contributing to the EU objective of achieving climate neutrality by 2050 at the latest; recognises that climate change is altering the growth capacity of forests in some areas, increasing the frequency and seriousness of drought, floods and fires, and fostering the spread of new pests and diseases which affect forests; notes that intact ecosystems have a greater capacity to overcome environmental stressors, including changes to the climate, than degraded ones as they have inherent properties that enable them to maximise their adaptive capacities; stresses that climate change will have an even greater negative impact on European forests in the coming years, and that this will particularly affect areas with monospecific and contemporaneous forest stands; underlines, in this context, the need to strengthen the resilience of European forests, notably by increasing their structural, functional and compositional diversity; insists that structurally rich, mixed forests displaying a broad ecological amplitude have a higher resilience and increased capacity to adapt in this context; points out that in certain conditions stable mixed forest may naturally contain a limited number of species; underlines that forestland, with its respective carbon pools of living trees and dead wood, is a crucial factor in limiting global warming, contributing to the EU’s climate neutrality targets and enhancing biodiversity; considers that the promotion of biologically diverse forests is the most effective insurance against climate change and biodiversity loss;

6.

Highlights the continuously growing cover and volume (26) of forests in the EU, despite a slowdown in recent years, which is in contrast to the global deforestation trend (27); acknowledges the efforts of all the actors across the forest-based value chain who have contributed to this development; is concerned by the increasing pressure on the EU’s forests and their habitats, which has been exacerbated by the impact of climate change, and stresses the urgent need to protect and increase forest and ecosystem resilience, including through measures to increase the capacity to adapt to climate change, and to reduce pressures where feasible, while taking into account the characteristics of the forest; notes with concern that the vulnerability of forests in the EU to invasive pests and pathogens seems to have increased and that outbreaks are a threat to sequestered carbon (28), biodiversity and wood quality;

7.

Calls on the Member States to ensure that their legislation provides forests with the best possible protection against pollution and damage; points, in particular, to protection against contamination, such as by lead munitions or pesticides, extreme soil compression due to inappropriate use of machinery, and protection against damaging browsing by game or damage caused by too large a cloven-hoofed game population;

8.

Highlights the specific and diverse characteristics of forestry sectors in the Member States and emphasises that the EU’s forests are characterised by diverse natural conditions, such as biogeography, size, structure and biodiversity, as well as ownership patterns, forms of governance, challenges and opportunities, and that most of them have been shaped by centuries of human interaction, intervention and management and are thus a form of cultural heritage; recalls also that primary and old-growth forests are areas that have developed with little to no human intervention and management; stresses that in order to ensure that the strategy can be implemented in all types of forests and situations, adapted approaches in terms of forest management and the delivery of ecosystem services are needed in some cases;

9.

Acknowledges that forest management is site-specific and that varying forest conditions and forest types may require different management approaches based on different ecological needs and forestland characteristics and take into account the rights and interests of forest sector workers, owners and other concerned actors;

10.

Highlights the contribution to date of forest owners and actors across the forest-based value chain to the efforts to achieve a sustainable and climate neutral economy by 2050 and to the value of generational and historical knowledge and expertise in forestry and sustainable forest management;

11.

Recognises the complexity of assessing the state of forests, as well as the uneven availability, diversity and quality of data, and therefore stresses the need for continuous policy and scientific dialogue and increased financing at all levels, starting from consultations with Member States, and in particular with forest managers and owners, to improve data collection on the state of forests and, where appropriate, data harmonisation; stresses the need to also take into account financial means and human resources, in particular to be able to identify resource-efficient forest uses and forest usage limits at an early stage;

12.

Underlines that, although focusing on forests in the EU, the strategy and its implementation must be coherent with the work undertaken at pan-European level by Forest Europe and international organisations such as the FAO, and must take into account the views of expert groups and the work undertaken at Member State level; stresses that the strategy and its implementation should avoid duplicating work and increasing the administrative burden; further believes that, given the EU’s strong commitment to protecting biodiversity and carbon sinks, and promoting the sustainable sourcing, production and use of resources globally, as underlined by the Commission’s proposal for a regulation on deforestation-free products, the strategy should be implemented in such a way as to serve as a model of best practices, recognising the variety of starting situations, while serving to encourage similar approaches in other regions;

13.

Stresses that to deliver on its various objectives, the implementation of the strategy must be fit-for-purpose at the regional and local levels, with consideration for the socioeconomic impact it can generate, including by adapting the implementation to local conditions and experiences and traditional knowledge and uses, taking into account current scientific understanding, and by providing stakeholders with the necessary skills; notes that it must be based on the full recognition of property rights, an economically, environmentally and socially viable forestry sector, and the polluter pays principle, as key elements in the provision of the various forest services and in improving resilience;

14.

Calls on the Commission to provide a comprehensive impact assessment of the strategy to identify the implications for market conditions, rural areas and the various funding needs, including for research and innovation, skills development, infrastructure, climate change mitigation and adaptation, and biodiversity enhancement;

Fostering a balanced multifunctionality

Fostering a balanced multifunctionality

| 15. | Recognises the key role of forests and the entire forest-based value chain in protecting the climate and biodiversity, and in mitigating climate change to contribute to the achievement, by 2050 at the latest, of a sustainable and climate-neutral economy; underlines that the multifunctional role of forests comprises multiple ecosystem services and socioeconomic functions, such as the conservation and enhancement of biodiversity and soils, climate change mitigation, the sequestration and storage of carbon from the atmosphere, the prevention of land degradation, the provision of renewable and nature based raw materials and medical, edible and culinary products, and non-extractive economic activities, including sustainable eco-tourism, all of which lead to jobs and economic growth in rural and urban areas, counteract rural depopulation, contribute to the provision of clean water and air, protection against natural hazards, and offer recreational, health, aesthetic and cultural benefits; stresses that the implementation of the strategy must ensure the balanced provision of all services and maintain and enhance competitiveness and innovation; underlines that the successful provision of services requires sustainable active management; |
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15.

Recognises the key role of forests and the entire forest-based value chain in protecting the climate and biodiversity, and in mitigating climate change to contribute to the achievement, by 2050 at the latest, of a sustainable and climate-neutral economy; underlines that the multifunctional role of forests comprises multiple ecosystem services and socioeconomic functions, such as the conservation and enhancement of biodiversity and soils, climate change mitigation, the sequestration and storage of carbon from the atmosphere, the prevention of land degradation, the provision of renewable and nature based raw materials and medical, edible and culinary products, and non-extractive economic activities, including sustainable eco-tourism, all of which lead to jobs and economic growth in rural and urban areas, counteract rural depopulation, contribute to the provision of clean water and air, protection against natural hazards, and offer recreational, health, aesthetic and cultural benefits; stresses that the implementation of the strategy must ensure the balanced provision of all services and maintain and enhance competitiveness and innovation; underlines that the successful provision of services requires sustainable active management;

| 16. | Believes that the key principle of balancing multiple forest functions and of defining goals and measures towards the provision of all ecosystem services should be to seek to maximise synergies and minimise trade-offs on the basis of evidence-based information; |
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16.

Believes that the key principle of balancing multiple forest functions and of defining goals and measures towards the provision of all ecosystem services should be to seek to maximise synergies and minimise trade-offs on the basis of evidence-based information;

| 17. | Stresses that forests contribute to climate change mitigation via carbon sequestration, carbon storage and the sustainable substitution of wood and wood products for fossil fuels, fossil-based products, materials, energy sources and other products with high environmental and carbon footprints; emphasises that wood is the only significant natural renewable resource that has the potential to replace some very energy-intensive materials, such as cement and plastics, and will be in greater demand in the future; notes that the strategy has a particular focus on storage in the construction sector and believes that its implementation should clearly support a broader use of different options for wood-based substitutes and be based on science-based and robust life-cycle assessments, in line with EU environmental objectives and the goals of the bioeconomy and the industrial strategy, in order to unlock the full potential of forest-based products to strengthen the circular economy and in the fight against climate change and to achieve a post-fossil fuel economy; emphasises the role of research on the substitution of fossil-based materials and fossil fuels; stresses the need to reduce the EU’s consumption in general and welcomes the establishment of a methodology to quantify the climate benefits of wood construction; |
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17.

Stresses that forests contribute to climate change mitigation via carbon sequestration, carbon storage and the sustainable substitution of wood and wood products for fossil fuels, fossil-based products, materials, energy sources and other products with high environmental and carbon footprints; emphasises that wood is the only significant natural renewable resource that has the potential to replace some very energy-intensive materials, such as cement and plastics, and will be in greater demand in the future; notes that the strategy has a particular focus on storage in the construction sector and believes that its implementation should clearly support a broader use of different options for wood-based substitutes and be based on science-based and robust life-cycle assessments, in line with EU environmental objectives and the goals of the bioeconomy and the industrial strategy, in order to unlock the full potential of forest-based products to strengthen the circular economy and in the fight against climate change and to achieve a post-fossil fuel economy; emphasises the role of research on the substitution of fossil-based materials and fossil fuels; stresses the need to reduce the EU’s consumption in general and welcomes the establishment of a methodology to quantify the climate benefits of wood construction;

| 18. | Emphasises that the considerable importance of healthy and fertile forest soil should not be overlooked, as it is mandatory for sustaining life, increasing forest productivity (29), storing carbon and protecting the vital underground fungal network that enables trees to share resources, such as nutrients and water, and defence signals, granting increased resistance to pests, diseases, and even drought and extreme weather events (30), (31), (32), which are likely to increase in intensity and frequency as a result of climate change; |
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18.

Emphasises that the considerable importance of healthy and fertile forest soil should not be overlooked, as it is mandatory for sustaining life, increasing forest productivity (29

30

31

32

| 19. | Highlights that for wood-based products to contribute optimally to climate change mitigation and a circular economy requires that they are used in the most efficient and sustainable way; believes that timber removals must be restricted by sustainability limits and that the principles in the cascading guidance (33) are a good standard for efficient use, but only if not used as a static approach, and must therefore be adjusted regularly to reflect innovative uses such as in construction, textiles, biochemicals, medical applications and battery materials; stresses that wood-based resources must be used as efficiently as possible, with economic and operational decisions taking into account national specificities, and stresses that a well-functioning, undistorted market can incentivise the efficient and sustainable use of wood-based resources in conjunction with adequate measures to ensure the protection of the environment; |
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19.

Highlights that for wood-based products to contribute optimally to climate change mitigation and a circular economy requires that they are used in the most efficient and sustainable way; believes that timber removals must be restricted by sustainability limits and that the principles in the cascading guidance (33

| 20. | Underlines the importance of a reliable and sustainable supply of wood, wood-based products and forest-based biomass in achieving the EU’s sustainability goals, including the 2050 carbon neutrality objective and the green growth and jobs goal of the Green Deal; notes that demand is expected to continue to grow (34) and that the use of locally and sustainably produced wood should be encouraged in order to meet this demand; believes that a large part of the EU’s forestry sector provides highly sustainably sourced raw materials; calls on the Commission to consider the leakage effects and substitution effects of fossil fuels and non-renewable materials, as well as the effects on the competitiveness of the forestry sector and forest-based industries, and to monitor any effects on the availability of wood following the implementation of measures under the strategy; |
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20.

Underlines the importance of a reliable and sustainable supply of wood, wood-based products and forest-based biomass in achieving the EU’s sustainability goals, including the 2050 carbon neutrality objective and the green growth and jobs goal of the Green Deal; notes that demand is expected to continue to grow (34

| 21. | Points out that the increasing demand for wood as a raw material, especially wood for use as an energy source, poses major challenges in the context of political crises, such as the war in Ukraine, and requires continuous monitoring of domestic forest resources to assess potential shortages; calls on the Commission and the Member States to assess dependencies on imports of timber from Russia in the light of the legitimate sanctions following the Russian invasion of Ukraine and to develop sustainable strategies to mitigate disruptions where necessary, while avoiding at EU level the conversion of agricultural land suitable for food production; highlights the crucial importance of the EU’s security of supply and own raw material production, in the broader context of the Green Deal objectives; stresses that, in certain circumstances, neglecting forests may lead to the loss of employment in rural areas and increased dependency on imports of forest-based products from parts of the world where forest management is less sustainable; |
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21.

Points out that the increasing demand for wood as a raw material, especially wood for use as an energy source, poses major challenges in the context of political crises, such as the war in Ukraine, and requires continuous monitoring of domestic forest resources to assess potential shortages; calls on the Commission and the Member States to assess dependencies on imports of timber from Russia in the light of the legitimate sanctions following the Russian invasion of Ukraine and to develop sustainable strategies to mitigate disruptions where necessary, while avoiding at EU level the conversion of agricultural land suitable for food production; highlights the crucial importance of the EU’s security of supply and own raw material production, in the broader context of the Green Deal objectives; stresses that, in certain circumstances, neglecting forests may lead to the loss of employment in rural areas and increased dependency on imports of forest-based products from parts of the world where forest management is less sustainable;

| 22. | Recalls that 2,1 million people work in the forest-based sector, while the extended forest-based value chain supports 4 million jobs in the green economy, not accounting for retail activities and non-wood activities such as forest-related leisure activities and scientific work on forests; notes that employment in the forestry sector declined by 33 % between 2000 and 2015, mainly owing to increasing mechanisation at a time when wood extraction was also increasing; highlights the important role that forests play in the creation of green jobs in rural and mountainous areas; notes that non-wood forest products, such as various nature-based foods, medicines and solutions for basic materials, play an important role as a source of income, with an estimated value of around EUR 4 billion in 2015 (35), and are deeply rooted in regional traditions; calls on the Commission and the Member States to assess the economic impacts of a closer-to-nature approach, including on direct and indirect employment; |
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22.

Recalls that 2,1 million people work in the forest-based sector, while the extended forest-based value chain supports 4 million jobs in the green economy, not accounting for retail activities and non-wood activities such as forest-related leisure activities and scientific work on forests; notes that employment in the forestry sector declined by 33 % between 2000 and 2015, mainly owing to increasing mechanisation at a time when wood extraction was also increasing; highlights the important role that forests play in the creation of green jobs in rural and mountainous areas; notes that non-wood forest products, such as various nature-based foods, medicines and solutions for basic materials, play an important role as a source of income, with an estimated value of around EUR 4 billion in 2015 (35

| 23. | Calls on the Commission and the Member States to monitor and assess the effects of a shift in the balance of forest functions on the overall employment situation and profitability of the local timber sector, especially in rural and mountainous areas, as well as in downstream parts of the wood-processing industries, and highlights the need to maintain or improve the attractiveness of employment in the sector, as well as workplace safety, when considering changes in management practices; |
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23.

Calls on the Commission and the Member States to monitor and assess the effects of a shift in the balance of forest functions on the overall employment situation and profitability of the local timber sector, especially in rural and mountainous areas, as well as in downstream parts of the wood-processing industries, and highlights the need to maintain or improve the attractiveness of employment in the sector, as well as workplace safety, when considering changes in management practices;

| 24. | Recognises that there are several co-benefits associated with reforestation and afforestation, such as water filtration, increased water availability, drought mitigation, flood control, avoided sedimentation, the creation of wildlife habitats, an increase in soil fauna, enhanced soil fertility and air filtration; welcomes the reforestation and afforestation roadmap for planting at least 3 billion additional trees in the EU by 2030; emphasises that such initiatives should be carried out in compliance with clear ecological principles and be fully compatible with the biodiversity objective, prioritising the restoration of forest ecosystems; recalls that planting trees is dependent on support from local stakeholders and regional planning; calls on the Commission and the Member States to pay special attention to planting suitable trees in areas with degraded land and those affected by desertification, and reiterates the importance of protecting primary and old-growth forests; points out that increasing the area of afforested land can make an effective contribution to combating climate change and to the natural regeneration of degraded forest systems, with the medium- and long-term effect of economic and social development and the creation of new jobs; calls on the Commission to include in its additionality principles the trees planted under the new common agricultural policy (CAP) eco-schemes and the environmental, climate-related and other management commitments, as well as those under the National Recovery and Resilience Plans, since both the new CAP and the Recovery and Resilience Facility will have been implemented after the adoption of the EU Biodiversity Strategy for 2030; stresses that since land is a finite resource, planting trees in existing forests, on marginal land and in urban areas should be prioritised over converting productive agricultural land, especially in the new geopolitical circumstances, as well as over the conversion of pastures and natural grasslands, since it does not lead to significant changes in soil organic carbon (36); notes the opportunity for urban forest development in this area; recalls, however, that reforestation and afforestation may also involve trade-offs for biodiversity, e.g. on biodiverse grasslands; |
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24.

Recognises that there are several co-benefits associated with reforestation and afforestation, such as water filtration, increased water availability, drought mitigation, flood control, avoided sedimentation, the creation of wildlife habitats, an increase in soil fauna, enhanced soil fertility and air filtration; welcomes the reforestation and afforestation roadmap for planting at least 3 billion additional trees in the EU by 2030; emphasises that such initiatives should be carried out in compliance with clear ecological principles and be fully compatible with the biodiversity objective, prioritising the restoration of forest ecosystems; recalls that planting trees is dependent on support from local stakeholders and regional planning; calls on the Commission and the Member States to pay special attention to planting suitable trees in areas with degraded land and those affected by desertification, and reiterates the importance of protecting primary and old-growth forests; points out that increasing the area of afforested land can make an effective contribution to combating climate change and to the natural regeneration of degraded forest systems, with the medium- and long-term effect of economic and social development and the creation of new jobs; calls on the Commission to include in its additionality principles the trees planted under the new common agricultural policy (CAP) eco-schemes and the environmental, climate-related and other management commitments, as well as those under the National Recovery and Resilience Plans, since both the new CAP and the Recovery and Resilience Facility will have been implemented after the adoption of the EU Biodiversity Strategy for 2030; stresses that since land is a finite resource, planting trees in existing forests, on marginal land and in urban areas should be prioritised over converting productive agricultural land, especially in the new geopolitical circumstances, as well as over the conversion of pastures and natural grasslands, since it does not lead to significant changes in soil organic carbon (36

Protection, restoration, reforestation and afforestation, and sustainable management

Protection, restoration, reforestation and afforestation, and sustainable management

| 25. | Underlines the multifaceted role of forests and the importance of healthy, ecologically resilient forest ecosystems that provide a multitude of services to society, such as the conservation of biodiversity and the provision of renewable raw materials, helping to create jobs and boost economic growth in rural areas; stresses that policies that enhance the protection and restoration of biodiversity will help tackle climate change; calls for sustainable forest management in the implementation of climate goals, as it is key to reducing deforestation and forest degradation, and insists that biodiversity preservation and habitat protection and conservation should be encompassed within sustainable forest management; |
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25.

Underlines the multifaceted role of forests and the importance of healthy, ecologically resilient forest ecosystems that provide a multitude of services to society, such as the conservation of biodiversity and the provision of renewable raw materials, helping to create jobs and boost economic growth in rural areas; stresses that policies that enhance the protection and restoration of biodiversity will help tackle climate change; calls for sustainable forest management in the implementation of climate goals, as it is key to reducing deforestation and forest degradation, and insists that biodiversity preservation and habitat protection and conservation should be encompassed within sustainable forest management;

| 26. | Emphasises the importance of the EU promoting preservation, conservation and restoration of forest ecosystems, taking into account the upcoming EU Nature Restoration Law and improving their resilience, while supporting the development of an economically viable, vibrant forest sector and local communities; calls for a long-term vision for the protection and restoration of Europe’s forests; |
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26.

Emphasises the importance of the EU promoting preservation, conservation and restoration of forest ecosystems, taking into account the upcoming EU Nature Restoration Law and improving their resilience, while supporting the development of an economically viable, vibrant forest sector and local communities; calls for a long-term vision for the protection and restoration of Europe’s forests;

| 27. | Takes note of the Commission’s announcement on developing additional indicators and threshold values for sustainable forest management, which remain voluntary for Member States to implement at national and regional level; believes that these indicators and thresholds should improve the understanding of whether or not a forest is being managed sustainably at forest stand level, or at least at landscape level, and to determine which restoration efforts have been successful; calls on the Commission to develop evidence-based indicators and thresholds to complement the sustainable forest management framework, in particular as regards the development of clear criteria relating to ecosystem health, biodiversity and climate change, aimed at making them an efficient tool for improving the sustainability of EU forests and ensuring that forest management contributes to the EU’s climate and biodiversity objectives; considers these additional indicators and thresholds to be crucial tools for biodiversity protection and restoration and for climate mitigation and adaptation in the forest sector; highlights the fact that a definition of sustainable forest management was agreed as part of the pan-European Forest Europe process and has been incorporated into national legislation and voluntary systems, such as forest certifications, in the Member States; therefore underlines the need to ensure coherence between the Commission’s work and that of Forest Europe and the FAO and to avoid any duplication of efforts or disproportional increase in the administrative burden, as well as to engage with national and regional competent authorities, public and private forest managers and forest owners, and other relevant stakeholders to ensure that indicators and value ranges are fit for application at local and regional level under specific biogeographical conditions; points out that Forest Europe has begun work to revisit the definition of sustainable forest management and its tools; calls on the Member States to continue their efforts to properly implement national strategies and legislation related to sustainable forest management, and to adapt them to their national, regional and local circumstances; calls on the Member States to adequately transpose and implement the EU legislation and binding objectives on forests, and calls on the Commission and the Member States to ensure the implementation and enforcement of the Birds and Habitats Directives, including Natura 2000; |
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27.

Takes note of the Commission’s announcement on developing additional indicators and threshold values for sustainable forest management, which remain voluntary for Member States to implement at national and regional level; believes that these indicators and thresholds should improve the understanding of whether or not a forest is being managed sustainably at forest stand level, or at least at landscape level, and to determine which restoration efforts have been successful; calls on the Commission to develop evidence-based indicators and thresholds to complement the sustainable forest management framework, in particular as regards the development of clear criteria relating to ecosystem health, biodiversity and climate change, aimed at making them an efficient tool for improving the sustainability of EU forests and ensuring that forest management contributes to the EU’s climate and biodiversity objectives; considers these additional indicators and thresholds to be crucial tools for biodiversity protection and restoration and for climate mitigation and adaptation in the forest sector; highlights the fact that a definition of sustainable forest management was agreed as part of the pan-European Forest Europe process and has been incorporated into national legislation and voluntary systems, such as forest certifications, in the Member States; therefore underlines the need to ensure coherence between the Commission’s work and that of Forest Europe and the FAO and to avoid any duplication of efforts or disproportional increase in the administrative burden, as well as to engage with national and regional competent authorities, public and private forest managers and forest owners, and other relevant stakeholders to ensure that indicators and value ranges are fit for application at local and regional level under specific biogeographical conditions; points out that Forest Europe has begun work to revisit the definition of sustainable forest management and its tools; calls on the Member States to continue their efforts to properly implement national strategies and legislation related to sustainable forest management, and to adapt them to their national, regional and local circumstances; calls on the Member States to adequately transpose and implement the EU legislation and binding objectives on forests, and calls on the Commission and the Member States to ensure the implementation and enforcement of the Birds and Habitats Directives, including Natura 2000;

| 28. | Highlights that pressure on forests from pests, diseases and parasites, natural disasters, an altered water balance, increased average temperatures and other disturbances is being increasingly intensified by climate change, and that strengthening forests’ ecosystem adaptation and resilience through sustainable active management is a matter of urgency; notes the economic impact of these disturbances on the forestry sector as a whole; notes that a greater deployment of sustainable innovative technologies and management practices in restoration, afforestation and reforestation can help to strengthen resilience and enhance biodiversity; calls on the Commission to collect and disseminate knowledge among Member States about how to adapt forests to current and expected climate change, in line with the new EU Adaptation Strategy and Biodiversity Strategy; notes that sustainable forest management, as a dynamic concept, consists of a broad array of actions and adaptive practices, many of which can play a key role in the climate mitigation potential of forests, and offers measures to introduce better adapted European species and improved provenances, strengthen the contribution of forests to the water cycle, carry out felling to contain pests, pathogens and invasive species, prevent forest fires and maintain protective functions, among others, while underpinning the multifunctional roles of forests; highlights that growing larger, resilient and diverse forestland also requires access to genetic resources; stresses the importance of supporting national seedling genepools in order to provide local and regional reforestation and afforestation initiatives with a sufficient number of native tree species; points to the important role of natural regeneration for the future of forests, as it can foster undisturbed root development, better tree vitality and stability, and lower planting costs, while noting that natural regeneration is not always possible owing to specific forest conditions; underlines that the EU’s diverse forests and climate conditions require differentiated sustainable forest management practices, which should be further developed nationally, regionally and locally, working from a strong common basis; |
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28.

Highlights that pressure on forests from pests, diseases and parasites, natural disasters, an altered water balance, increased average temperatures and other disturbances is being increasingly intensified by climate change, and that strengthening forests’ ecosystem adaptation and resilience through sustainable active management is a matter of urgency; notes the economic impact of these disturbances on the forestry sector as a whole; notes that a greater deployment of sustainable innovative technologies and management practices in restoration, afforestation and reforestation can help to strengthen resilience and enhance biodiversity; calls on the Commission to collect and disseminate knowledge among Member States about how to adapt forests to current and expected climate change, in line with the new EU Adaptation Strategy and Biodiversity Strategy; notes that sustainable forest management, as a dynamic concept, consists of a broad array of actions and adaptive practices, many of which can play a key role in the climate mitigation potential of forests, and offers measures to introduce better adapted European species and improved provenances, strengthen the contribution of forests to the water cycle, carry out felling to contain pests, pathogens and invasive species, prevent forest fires and maintain protective functions, among others, while underpinning the multifunctional roles of forests; highlights that growing larger, resilient and diverse forestland also requires access to genetic resources; stresses the importance of supporting national seedling genepools in order to provide local and regional reforestation and afforestation initiatives with a sufficient number of native tree species; points to the important role of natural regeneration for the future of forests, as it can foster undisturbed root development, better tree vitality and stability, and lower planting costs, while noting that natural regeneration is not always possible owing to specific forest conditions; underlines that the EU’s diverse forests and climate conditions require differentiated sustainable forest management practices, which should be further developed nationally, regionally and locally, working from a strong common basis;

| 29. | Notes with great concern that large-scale and more intense wildfires are an increasing challenge across the European Union and, in particular, that the 2021 fire season in the EU was unprecedented, as some 0,5 million ha were destroyed by fire, notably in the regions of Europe facing the highest average temperature rises, such as the Mediterranean; underlines that ‘megafires’ are increasing in intensity and frequency globally; recalls that a diverse landscape with diverse forests provides a greater bulwark or natural barrier against large-scale and uncontrollable forest fires; stresses that the restoration of diverse forests would assist with fire prevention and containment; underlines the need for more resources for and the development of science-based fire management and capacity-building support through advisory services to tackle the effects of climate change in forests; calls on the Commission and the Member States to better promote and make use of the integrated fire management concept and notes that this may require better regulatory capacity in the Member States, the strengthening of public services, and dedicated support and increased cooperation for disaster prevention, preparedness and response; highlights the importance of further developing and making full use of the EU Civil Protection Mechanism in relation to forest fires and other natural disasters; calls on the Commission to collect and disseminate knowledge among the Member States on how to adapt forests to current and expected climate change, in line with the new EU adaptation strategy; invites the Commission to create forest fire risk assessments and maps, on the basis of improved Copernicus products, artificial intelligence and other remote-sensing data, to support preventive action; |
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29.

Notes with great concern that large-scale and more intense wildfires are an increasing challenge across the European Union and, in particular, that the 2021 fire season in the EU was unprecedented, as some 0,5 million ha were destroyed by fire, notably in the regions of Europe facing the highest average temperature rises, such as the Mediterranean; underlines that ‘megafires’ are increasing in intensity and frequency globally; recalls that a diverse landscape with diverse forests provides a greater bulwark or natural barrier against large-scale and uncontrollable forest fires; stresses that the restoration of diverse forests would assist with fire prevention and containment; underlines the need for more resources for and the development of science-based fire management and capacity-building support through advisory services to tackle the effects of climate change in forests; calls on the Commission and the Member States to better promote and make use of the integrated fire management concept and notes that this may require better regulatory capacity in the Member States, the strengthening of public services, and dedicated support and increased cooperation for disaster prevention, preparedness and response; highlights the importance of further developing and making full use of the EU Civil Protection Mechanism in relation to forest fires and other natural disasters; calls on the Commission to collect and disseminate knowledge among the Member States on how to adapt forests to current and expected climate change, in line with the new EU adaptation strategy; invites the Commission to create forest fire risk assessments and maps, on the basis of improved Copernicus products, artificial intelligence and other remote-sensing data, to support preventive action;

| 30. | Underlines that different levels of protection are part of the sustainable forest management toolbox; emphasises that in many cases, even forest protection still requires certain forms of intervention, for instance to address natural hazards or adaptation needs; notes that multi-age, multi-species forests with continuous cover are more resilient to climate impacts such as fire, drought and unseasonal weather events, including as part of sustainable forest management, and as such are an important investment for the future; insists that monocultures, which are less resilient to pests and diseases, as well as to drought, wind, storms and fire, should not be supported by EU funds; |
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30.

Underlines that different levels of protection are part of the sustainable forest management toolbox; emphasises that in many cases, even forest protection still requires certain forms of intervention, for instance to address natural hazards or adaptation needs; notes that multi-age, multi-species forests with continuous cover are more resilient to climate impacts such as fire, drought and unseasonal weather events, including as part of sustainable forest management, and as such are an important investment for the future; insists that monocultures, which are less resilient to pests and diseases, as well as to drought, wind, storms and fire, should not be supported by EU funds;

| 31. | Acknowledges that not all management practices contribute to carbon sequestration in forests, but stresses that practices and practitioners can adapt and modernise in order to best balance trade-offs, optimise their approach to achieving multiple objectives, and create synergies with climate change mitigation and adaptation goals and the multiple other functions of forests; points out, in this connection, that there are trade-offs and synergies to consider between demand for wood and the expectation that forests will act as carbon sinks and provide habitats for flora and fauna; calls on the Commission and its services, in this regard, to work strategically to ensure coherence in any forestry-related work and enhance the sustainable management of forests, with full respect for the subsidiarity principle; highlights that certain management practices, notably including voluntary set-asides, can help to restore forests and have a positive impact on carbon sequestration, biodiversity and ecological status; notes that forests can have very diverse levels of biodiversity and carbon sequestration and storage capacity depending on management, the machinery used, the intensity and frequency of cutting, the state of the soil, parasite and illness intensity, the age of forest stands etc.; points out that some forests are now releasing more carbon than they are absorbing; notes that forests should not be considered exclusively as CO2 sinks and as a solution for the lack of emission reductions from other sectors; |
| --- | --- |

31.

Acknowledges that not all management practices contribute to carbon sequestration in forests, but stresses that practices and practitioners can adapt and modernise in order to best balance trade-offs, optimise their approach to achieving multiple objectives, and create synergies with climate change mitigation and adaptation goals and the multiple other functions of forests; points out, in this connection, that there are trade-offs and synergies to consider between demand for wood and the expectation that forests will act as carbon sinks and provide habitats for flora and fauna; calls on the Commission and its services, in this regard, to work strategically to ensure coherence in any forestry-related work and enhance the sustainable management of forests, with full respect for the subsidiarity principle; highlights that certain management practices, notably including voluntary set-asides, can help to restore forests and have a positive impact on carbon sequestration, biodiversity and ecological status; notes that forests can have very diverse levels of biodiversity and carbon sequestration and storage capacity depending on management, the machinery used, the intensity and frequency of cutting, the state of the soil, parasite and illness intensity, the age of forest stands etc.; points out that some forests are now releasing more carbon than they are absorbing; notes that forests should not be considered exclusively as CO2

| 32. | Welcomes the Commission’s and the Member States’ ongoing cooperation on voluntary ‘closer-to-nature’ forestry guidelines by the Working Group on Forests and Nature; believes that to ensure added value, guidelines on this concept should fully respect the subsidiarity principle and should incorporate a broad range of results-oriented, scientifically proven sustainable tools and forest management practices, particularly taking into account local-level and regional-level needs, to give forest owners and managers the tools and relevant financial incentives to improve connections and cooperation so as to better integrate biodiversity protection into improved management practices that at the same time aim to provide other ecosystem services and products, as demonstrated by the Integrate Network; highlights that forests do have very different characteristics within the Union and that there is therefore a strong need for different policy and management approaches, working from a strong common basis; |
| --- | --- |

32.

Welcomes the Commission’s and the Member States’ ongoing cooperation on voluntary ‘closer-to-nature’ forestry guidelines by the Working Group on Forests and Nature; believes that to ensure added value, guidelines on this concept should fully respect the subsidiarity principle and should incorporate a broad range of results-oriented, scientifically proven sustainable tools and forest management practices, particularly taking into account local-level and regional-level needs, to give forest owners and managers the tools and relevant financial incentives to improve connections and cooperation so as to better integrate biodiversity protection into improved management practices that at the same time aim to provide other ecosystem services and products, as demonstrated by the Integrate Network; highlights that forests do have very different characteristics within the Union and that there is therefore a strong need for different policy and management approaches, working from a strong common basis;

| 33. | Highlights the importance of primary and old-growth forests, which contain rich biodiversity and provide a high variety of microhabitats essential for sustaining high biodiversity levels, and their key role for biodiversity protection, carbon sequestration and storage, and fresh water provision; reiterates the call for all remaining old-growth and primary forests to be strictly protected, in line with the EU’s Biodiversity Strategy for 2030; insists that protection must also be provided to the buffer zones adjacent to primary and old-growth forests to support the development of old-growth forest attributes; stresses that expanding appropriate protection to buffer zones will improve the connectivity of habitats of high ecological value, which will significantly contribute to conservation and mitigate the negative impacts of fragmentation; recognises that almost all primary forests have been lost and expresses concern at illegal logging in some Member States in the EU; notes the various definitions of primary and old-growth forests established at international level and stresses that, before any further designation efforts are made, a set of definitions of what constitutes primary and old-growth forests that builds upon the existing ones must be commonly agreed between Member States, forest owners and managers, and other stakeholders; regrets that the guidelines on the definition of old-growth and primary forests were not adopted by the Commission in 2021 as indicated in the EU’s Biodiversity Strategy for 2030, but welcomes the ongoing work on these definitions by the Working Group on Forests and Nature; underlines the need to consider a diverse and comprehensive set of attributes, ensure flexibility to account for specific conditions in biogeographical regions and forest types, and duly distinguish between old-growth forests and older forest stands managed for long rotation; stresses that such definitions must be agreed as a matter of urgency, must be based on ecological principles and must take account of the diversity of European forests, owners, management traditions, nature types and shifting climatic zones, as well as avoiding disproportionate management requirements for adjacent forests and woodland and allowing for management measures related to issues such as disaster prevention; points to the role of financial incentives in the voluntary development of certain old-age forest on set-aside land in the future; highlights that the distribution of primary and old-growth forests in the EU is uneven, 90 % of them being located in just four Member States (37); |
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33.

Highlights the importance of primary and old-growth forests, which contain rich biodiversity and provide a high variety of microhabitats essential for sustaining high biodiversity levels, and their key role for biodiversity protection, carbon sequestration and storage, and fresh water provision; reiterates the call for all remaining old-growth and primary forests to be strictly protected, in line with the EU’s Biodiversity Strategy for 2030; insists that protection must also be provided to the buffer zones adjacent to primary and old-growth forests to support the development of old-growth forest attributes; stresses that expanding appropriate protection to buffer zones will improve the connectivity of habitats of high ecological value, which will significantly contribute to conservation and mitigate the negative impacts of fragmentation; recognises that almost all primary forests have been lost and expresses concern at illegal logging in some Member States in the EU; notes the various definitions of primary and old-growth forests established at international level and stresses that, before any further designation efforts are made, a set of definitions of what constitutes primary and old-growth forests that builds upon the existing ones must be commonly agreed between Member States, forest owners and managers, and other stakeholders; regrets that the guidelines on the definition of old-growth and primary forests were not adopted by the Commission in 2021 as indicated in the EU’s Biodiversity Strategy for 2030, but welcomes the ongoing work on these definitions by the Working Group on Forests and Nature; underlines the need to consider a diverse and comprehensive set of attributes, ensure flexibility to account for specific conditions in biogeographical regions and forest types, and duly distinguish between old-growth forests and older forest stands managed for long rotation; stresses that such definitions must be agreed as a matter of urgency, must be based on ecological principles and must take account of the diversity of European forests, owners, management traditions, nature types and shifting climatic zones, as well as avoiding disproportionate management requirements for adjacent forests and woodland and allowing for management measures related to issues such as disaster prevention; points to the role of financial incentives in the voluntary development of certain old-age forest on set-aside land in the future; highlights that the distribution of primary and old-growth forests in the EU is uneven, 90 % of them being located in just four Member States (37

| 34. | Welcomes the fact that the Commission guidance on new protected areas acknowledges the need for certain ongoing activities, for example ungulate management through hunting to protect a wide range of forest habitat types; |
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34.

Welcomes the fact that the Commission guidance on new protected areas acknowledges the need for certain ongoing activities, for example ungulate management through hunting to protect a wide range of forest habitat types;

| 35. | Recalls the significant deficit in the mapping of primary and old-growth forests and highlights the urgent need to complete the framework to ensure comprehensive and harmonised mapping, based on clear operational criteria and definitions; calls on the Commission to acknowledge the work done so far to identify, map and assess these forests in some Member States and to encourage the exchange of best practices and knowledge sharing; reiterates its call for the Commission and the Member States to harmonise existing data, to fill in the gaps regarding the location of primary and old-growth forests and to create a database of all potential sites fulfilling the criteria for old-growth and primary forests; in this context, calls on the Commission and the Member States to create a transparent and easy-to-access database of all potential sites fulfilling the criteria to be classified as old-growth and primary forests; |
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35.

Recalls the significant deficit in the mapping of primary and old-growth forests and highlights the urgent need to complete the framework to ensure comprehensive and harmonised mapping, based on clear operational criteria and definitions; calls on the Commission to acknowledge the work done so far to identify, map and assess these forests in some Member States and to encourage the exchange of best practices and knowledge sharing; reiterates its call for the Commission and the Member States to harmonise existing data, to fill in the gaps regarding the location of primary and old-growth forests and to create a database of all potential sites fulfilling the criteria for old-growth and primary forests; in this context, calls on the Commission and the Member States to create a transparent and easy-to-access database of all potential sites fulfilling the criteria to be classified as old-growth and primary forests;

| 36. | Takes note of the work of the Commission on developing guidelines on biodiversity-friendly afforestation and reforestation; stresses that a particular focus should be placed on those Member States whose forest cover is low and, where appropriate and not detrimental to biodiversity goals, on marginal and other land that is not suitable for food production, close to urban and peri-urban areas, and in mountainous areas, and on supporting the development of forests that are resilient, mixed and healthy; stresses that definitions and guidelines on biodiversity-friendly afforestation must be science-based, take account of the diversity of European forests, types of ownership, management traditions and nature types, as well as shifting climatic zones, and be set in close cooperation with Member States and relevant stakeholders; insists, furthermore, that no undrained wetlands or peatlands should be drained for afforestation and, in the case of historically drained land, no further or additional drainage should be allowed; points out, in addition, that particular care needs to be taken to avoid erosion in forests situated in mountainous areas; |
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36.

Takes note of the work of the Commission on developing guidelines on biodiversity-friendly afforestation and reforestation; stresses that a particular focus should be placed on those Member States whose forest cover is low and, where appropriate and not detrimental to biodiversity goals, on marginal and other land that is not suitable for food production, close to urban and peri-urban areas, and in mountainous areas, and on supporting the development of forests that are resilient, mixed and healthy; stresses that definitions and guidelines on biodiversity-friendly afforestation must be science-based, take account of the diversity of European forests, types of ownership, management traditions and nature types, as well as shifting climatic zones, and be set in close cooperation with Member States and relevant stakeholders; insists, furthermore, that no undrained wetlands or peatlands should be drained for afforestation and, in the case of historically drained land, no further or additional drainage should be allowed; points out, in addition, that particular care needs to be taken to avoid erosion in forests situated in mountainous areas;

Enabling forests and forest managers to deliver on multiple goals

Enabling forests and forest managers to deliver on multiple goals

| 37. | Notes that the CAP and the European agricultural fund for rural development (EAFRD) are the main sources of support for forestry measures, accounting for 90 % of EU’s total finance for forestry; outlines that the Commission’s 2017 evaluation of forestry measures concluded that rural development support for forests generally had a positive effect and could contribute significantly to delivering economic, environmental and social benefits (38); notes that between 2014 and 2020, the Member States only spent 49 % of the available funds, that the Commission has identified administrative burden, insufficient attractiveness of the premiums and a lack of advisory services as reasons for this low usage and that this should be taken into account when adapting the new CAP strategic plans; calls on the Member States to eliminate the administrative burden in order to make the use of the EAFRD for forestry measures more efficient; welcomes the Commission’s goal of increasing the uptake of available funds and underlines the need to ensure that funding and subsidies do not support operations that undermine the balanced provision of the various ecosystem services; highlights the need to include measures which are concrete and sufficiently attractive to ensure take-up of interventions and measures to enhance sustainable forest management and the multifunctional role of forests in the EU in the CAP strategic plans, to ensure that support is provided for initiatives related to forest ecosystems in particular so as to reduce biodiversity loss in forests, to promote the planting of appropriate native species of trees where suited to the specific environment, to improve forest management and to ensure that funds are used in line with relevant policy goals; regrets the fact that the Commission does not track forestry expenditure under other rural development measures; underlines that support for voluntary nature conservation measures is in line with ownership rights and the subsidiarity principle; |
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37.

Notes that the CAP and the European agricultural fund for rural development (EAFRD) are the main sources of support for forestry measures, accounting for 90 % of EU’s total finance for forestry; outlines that the Commission’s 2017 evaluation of forestry measures concluded that rural development support for forests generally had a positive effect and could contribute significantly to delivering economic, environmental and social benefits (38

| 38. | Calls on the Commission to find new ways to make the combination of different funds more attractive and easily implementable, reflecting and leveraging on the multifunctional character of forests and forest ecosystem services, and to better promote other EU financing sources such as the LIFE programme, Horizon Europe, the European Regional Development Fund, the Cohesion Fund and the European Investment Bank’s Natural Capital Financing Facility; calls on the Commission to assess the consistency of different funding instruments under the Union budget and the EU Recovery Instrument, including the national CAP Strategic Plans, with the commitments and targets set out in the EU Forest Strategy and the EU Biodiversity Strategy; calls on the Commission to also consider eligible under the aid for forest-environmental and climate services and forest conservation the commitments relating to the protection and strict protection of forests stemming from the EU Biodiversity Strategy for 2030 and the New EU Forest Strategy for 2030; calls on the Commission to prolong these commitments for periods longer than seven years, especially in the case of strictly protected forest areas; |
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38.

Calls on the Commission to find new ways to make the combination of different funds more attractive and easily implementable, reflecting and leveraging on the multifunctional character of forests and forest ecosystem services, and to better promote other EU financing sources such as the LIFE programme, Horizon Europe, the European Regional Development Fund, the Cohesion Fund and the European Investment Bank’s Natural Capital Financing Facility; calls on the Commission to assess the consistency of different funding instruments under the Union budget and the EU Recovery Instrument, including the national CAP Strategic Plans, with the commitments and targets set out in the EU Forest Strategy and the EU Biodiversity Strategy; calls on the Commission to also consider eligible under the aid for forest-environmental and climate services and forest conservation the commitments relating to the protection and strict protection of forests stemming from the EU Biodiversity Strategy for 2030 and the New EU Forest Strategy for 2030; calls on the Commission to prolong these commitments for periods longer than seven years, especially in the case of strictly protected forest areas;

| 39. | Points out that the forestry sector operates primarily, and more so than the agricultural sector, as a market-based sector without a distinct dependency on subsidies, while also noting that CAP funding must mainly remain targeted to food production and ensuring food security in the Union; stresses that putting a stronger emphasis on other ecosystem services should not lead to a disproportionate dependency, and supports the Commission and Member States in further pursuing the development of voluntary market-based payment for ecosystem services schemes, such as for carbon sequestration, the promotion of biodiversity, soil protection, water management, data collection and monitoring; underlines the importance of applying the principle of additionality and of designing programmes in a way that fully recognises the work of front-runners and other participants, while motivating a broad range of forest owners; further underlines that the specific requirements of programmes need to take into account the wide variety of forests and their diverse challenges and opportunities; notes that the availability of reliable data on ecosystem services is essential for any payment scheme; welcomes the Commission communication on carbon farming (39), which aims to incentivise new business models from public and private sources by rewarding management practices focusing on increasing sequestration in living biomass and soils in line with ecological principles; emphasises the need for initiatives on carbon farming based on a robust scientific methodology, including the possibility for non-intervention approaches in line with the Biodiversity Strategy; highlights, in the light of this initiative, that active sustainable forest management can contribute to both increasing carbon stocks and forest growth; stresses that carbon removal through forestry should focus on incentives for forest owners and managers to invest in active sustainable forest management and protection where needed, promoting regeneration and increased growth; welcomes the Commission’s plan to propose a binding EU regulatory framework for the certification of carbon removal by the end of 2022 in order to correctly quantify, report and certify carbon removal efforts and avoid the risk of misrepresentation and greenwashing; |
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39.

Points out that the forestry sector operates primarily, and more so than the agricultural sector, as a market-based sector without a distinct dependency on subsidies, while also noting that CAP funding must mainly remain targeted to food production and ensuring food security in the Union; stresses that putting a stronger emphasis on other ecosystem services should not lead to a disproportionate dependency, and supports the Commission and Member States in further pursuing the development of voluntary market-based payment for ecosystem services schemes, such as for carbon sequestration, the promotion of biodiversity, soil protection, water management, data collection and monitoring; underlines the importance of applying the principle of additionality and of designing programmes in a way that fully recognises the work of front-runners and other participants, while motivating a broad range of forest owners; further underlines that the specific requirements of programmes need to take into account the wide variety of forests and their diverse challenges and opportunities; notes that the availability of reliable data on ecosystem services is essential for any payment scheme; welcomes the Commission communication on carbon farming (39

| 40. | Acknowledges the important role of existing market-driven certification schemes and their contribution to the further uptake of sustainable forest management; notes that most of these schemes have proven to be credible and effective tools in driving sustainable forest management practices across Europe; welcomes the continuing scrutiny by the EU institutions as an aid to continuous improvement; welcomes the Commission’s announcement on developing a voluntary, ‘closer-to-nature’ certification scheme; calls on the Commission to ensure that these initiatives improve forest ecosystems, protect biodiversity and ensure added value through nature-friendly forest management practices; encourages the Commission to cooperate with and learn from existing and proven certification schemes, and to support efforts to improve the existing schemes, including with regard to transparency for consumers and taking into account consumer demand; believes that to create added value, the voluntary ‘closer-to-nature’ certification must be based on a clear mandatory framework and must offer forest owners a sufficient price premium for the provision of ecosystem services, e.g. by establishing an EU quality label with locally adapted guidelines on closer-to-nature forestry in order to promote the most biodiversity-friendly management practices; calls on the Commission, after concluding the work on the ‘closer-to-nature’ definition, to assess both the added value and the costs for forest owners of such a certification scheme; notes that voluntary certification is only one of the steps needed towards the development of more sustainable forest management in the EU; |
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40.

Acknowledges the important role of existing market-driven certification schemes and their contribution to the further uptake of sustainable forest management; notes that most of these schemes have proven to be credible and effective tools in driving sustainable forest management practices across Europe; welcomes the continuing scrutiny by the EU institutions as an aid to continuous improvement; welcomes the Commission’s announcement on developing a voluntary, ‘closer-to-nature’ certification scheme; calls on the Commission to ensure that these initiatives improve forest ecosystems, protect biodiversity and ensure added value through nature-friendly forest management practices; encourages the Commission to cooperate with and learn from existing and proven certification schemes, and to support efforts to improve the existing schemes, including with regard to transparency for consumers and taking into account consumer demand; believes that to create added value, the voluntary ‘closer-to-nature’ certification must be based on a clear mandatory framework and must offer forest owners a sufficient price premium for the provision of ecosystem services, e.g. by establishing an EU quality label with locally adapted guidelines on closer-to-nature forestry in order to promote the most biodiversity-friendly management practices; calls on the Commission, after concluding the work on the ‘closer-to-nature’ definition, to assess both the added value and the costs for forest owners of such a certification scheme; notes that voluntary certification is only one of the steps needed towards the development of more sustainable forest management in the EU;

| 41. | Welcomes the Commission decision of 4 June 2021 on the licensing of the Natura 2000 logo (40); notes that the Natura 2000 labelling scheme should promote the strictest EU ecological standards for the protection of the most vulnerable habitat types and species on land; recalls that Natura 2000 covers around 18 % of the EU’s land area; highlights that the Member States should ensure that no activities occur that cause damage to or disturb species in Natura 2000-designated habitats; calls for ambitious targets under the EU Forest Strategy to maintain and restore the ecological value of the designated sites, taking into account the social and cultural requirements and the regional and local characteristics of the area; notes that conservation efforts in Natura 2000 sites should be fully in line with the Habitats and Birds Directives and the EU’s Biodiversity Strategy for 2030; notes that Natura 2000 sites provide valuable ecosystem services to the public; highlights that the Natura 2000 logo placed on any goods or services should mean that those goods and services are contributing to the conservation objectives of the Natura 2000 site from which they are derived; |
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41.

Welcomes the Commission decision of 4 June 2021 on the licensing of the Natura 2000 logo (40

| 42. | Welcomes the Strategic EU Ecolabel Work Plan 2020-2024 published by the Commission; recalls that the EU ecolabel is a voluntary label of environmental excellence; notes that the ecolabel scheme promotes the EU circular economy and contributes to sustainable consumption and production practices; calls for strict standards and monitoring, as well as the promotion of the increased use of the ecolabel in the EU forest sector; stresses the importance of extending the scope of the ecolabel for wood products to include the sustainability level of these products; calls on the Member States to encourage producers to increase the use of the Natura 2000 label for non-wood forest products; |
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42.

Welcomes the Strategic EU Ecolabel Work Plan 2020-2024 published by the Commission; recalls that the EU ecolabel is a voluntary label of environmental excellence; notes that the ecolabel scheme promotes the EU circular economy and contributes to sustainable consumption and production practices; calls for strict standards and monitoring, as well as the promotion of the increased use of the ecolabel in the EU forest sector; stresses the importance of extending the scope of the ecolabel for wood products to include the sustainability level of these products; calls on the Member States to encourage producers to increase the use of the Natura 2000 label for non-wood forest products;

| 43. | Highlights that to fulfil biodiversity objectives and unlock the full potential of forests to contribute to the climate and circular economy targets of the EU, further research, innovation and development are required and should be incentivised in the fields of sustainable forest management, in particular adaptation to climate change, and bio-based alternatives to fossil-based products and other products with a large carbon footprint; encourages continued support for sustainable innovation related to wood, such as wood-based textiles that have a high potential as a substitute for synthetic textile fibres and cotton, and other wood-based materials that have received a positive environmental and climate life-cycle assessment; stresses that in order to be competitive, such bio-based alternatives must offer consumers products at affordable prices; notes that development cycles in the sector may last 10 years or longer and underlines that a predictable and stable regulatory environment is a precondition for attracting investments; highlights that many innovations in the sector have high added value and provide high-quality employment in rural areas, as well as in the forest sector value chain and related bio-based industries, and underlines the role of small and medium-sized enterprises in this context; |
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43.

Highlights that to fulfil biodiversity objectives and unlock the full potential of forests to contribute to the climate and circular economy targets of the EU, further research, innovation and development are required and should be incentivised in the fields of sustainable forest management, in particular adaptation to climate change, and bio-based alternatives to fossil-based products and other products with a large carbon footprint; encourages continued support for sustainable innovation related to wood, such as wood-based textiles that have a high potential as a substitute for synthetic textile fibres and cotton, and other wood-based materials that have received a positive environmental and climate life-cycle assessment; stresses that in order to be competitive, such bio-based alternatives must offer consumers products at affordable prices; notes that development cycles in the sector may last 10 years or longer and underlines that a predictable and stable regulatory environment is a precondition for attracting investments; highlights that many innovations in the sector have high added value and provide high-quality employment in rural areas, as well as in the forest sector value chain and related bio-based industries, and underlines the role of small and medium-sized enterprises in this context;

| 44. | Believes that to improve the coordinated provision of environmental, social, societal and economic forest services, relevant EU framework programmes, including Horizon Europe, the LIFE programme, the agricultural European Innovation Partnership (EIP-AGRI), the LEADER programme and the European Institute of Innovation and Technology, must be better aligned; welcomes the Commission proposal to enhance EU cooperation by proposing a research and innovation partnership on forestry and calls on the Commission to develop comprehensive forest-focused programmes involving different functions and parts of the forest-sector value chain and including living labs to test and demonstrate solutions to key challenges, building on existing and proven platforms such as the Integrate Network, the Forest-based Sector Technology Platform and the European Forest Institute, and including pan-European and international partners; |
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44.

Believes that to improve the coordinated provision of environmental, social, societal and economic forest services, relevant EU framework programmes, including Horizon Europe, the LIFE programme, the agricultural European Innovation Partnership (EIP-AGRI), the LEADER programme and the European Institute of Innovation and Technology, must be better aligned; welcomes the Commission proposal to enhance EU cooperation by proposing a research and innovation partnership on forestry and calls on the Commission to develop comprehensive forest-focused programmes involving different functions and parts of the forest-sector value chain and including living labs to test and demonstrate solutions to key challenges, building on existing and proven platforms such as the Integrate Network, the Forest-based Sector Technology Platform and the European Forest Institute, and including pan-European and international partners;

| 45. | Recalls that 60 % of EU forests are privately owned and a significant share of forest owners are small-holders; stresses that in order to achieve the strategy’s goals, its implementation must focus on enabling all types of forest owners and managers, and in particular small-holders, to deliver on the multiple functions of forests; acknowledges that forest owners and managers need a large amount of flexibility in their forest management practices, working from a strong common basis, so that they can provide all the required ecosystem services, and calls on the Commission and the Member States to ensure that support programmes, voluntary payment-for-ecosystem-services schemes and research funding are attractive, understandable and easily accessible to small-holders; |
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45.

Recalls that 60 % of EU forests are privately owned and a significant share of forest owners are small-holders; stresses that in order to achieve the strategy’s goals, its implementation must focus on enabling all types of forest owners and managers, and in particular small-holders, to deliver on the multiple functions of forests; acknowledges that forest owners and managers need a large amount of flexibility in their forest management practices, working from a strong common basis, so that they can provide all the required ecosystem services, and calls on the Commission and the Member States to ensure that support programmes, voluntary payment-for-ecosystem-services schemes and research funding are attractive, understandable and easily accessible to small-holders;

| 46. | Underlines that the availability of advisory services is an important driver of the dissemination of sustainable forest management practices; encourages Member States to ensure the availability of advisory services, paying particular attention to small-holders; |
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46.

Underlines that the availability of advisory services is an important driver of the dissemination of sustainable forest management practices; encourages Member States to ensure the availability of advisory services, paying particular attention to small-holders;

| 47. | Notes that about 40 % of the EU’s forests are publicly owned by municipalities and regional or national governments, while in some Member States public ownership of forests is much higher, reaching an average of 90 % in South East Europe; emphasises that public forests can play a key role in preserving forest ecosystems, ensuring biodiversity protection, mitigating climate change, enhancing rural development and supplying timber and non-wood goods and services, and that state forestry agencies can play an important role in providing private forest owners with much-needed expertise regarding close-to-nature forestry and adaptation to the effects of climate change; calls for increased human and financial resources for state forestry agencies where necessary; calls, in this context, on the Member States to set an example for sustainable forest management in their publicly owned forests for the public good, in particular with regard to environmental, economic and social aspects; |
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47.

Notes that about 40 % of the EU’s forests are publicly owned by municipalities and regional or national governments, while in some Member States public ownership of forests is much higher, reaching an average of 90 % in South East Europe; emphasises that public forests can play a key role in preserving forest ecosystems, ensuring biodiversity protection, mitigating climate change, enhancing rural development and supplying timber and non-wood goods and services, and that state forestry agencies can play an important role in providing private forest owners with much-needed expertise regarding close-to-nature forestry and adaptation to the effects of climate change; calls for increased human and financial resources for state forestry agencies where necessary; calls, in this context, on the Member States to set an example for sustainable forest management in their publicly owned forests for the public good, in particular with regard to environmental, economic and social aspects;

| 48. | Welcomes the Commission communication entitled ‘A long-term Vision for the EU’s Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040’ and the acknowledgement of the role of forests and of sustainable forest management in safeguarding decent work and livelihoods in rural areas; underlines the importance of the forestry sector and the wood-based industries as a provider of jobs in rural communities, as well as in urban areas through downstream uses; points out the importance of boosting non-wood, forest-based economic activities in order to diversify local economies and jobs and reverse the depopulation trends of rural and remote areas; notes with great concern the steady decline in employment in the forestry and logging sector, which according to Eurostat fell by 7 % between 2000 and 2019 (41), and the high number of accidents in the sector (42); calls on the Commission and the Member States to monitor the effects of the measures taken under the strategy on employment and work safety in the light of changing management practices, considering that the options discussed often go hand in hand with higher (physical) labour intensity, which also brings different risks for workers and requires high-quality vocational training, as well as upskilling and reskilling opportunities; highlights the importance of making this type of employment attractive, as well as the opportunities of more sustainable forest management to this end; stresses the need, in this regard, for measures to increase work safety and adequately train workers and to support the modernisation of forestry equipment and tools; calls on the Member States to assess their advisory services in this respect and re-enforce them where necessary, and to prioritise continuing high-quality vocational training in eco-construction and timber-related trades; reiterates its call for the Commission to take initiatives, in concert with manufacturers of forestry machinery, to improve the environmental design of forestry machinery in order to reconcile a high level of protection for workers with a minimum impact on the soil and water in forests; |
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48.

Welcomes the Commission communication entitled ‘A long-term Vision for the EU’s Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040’ and the acknowledgement of the role of forests and of sustainable forest management in safeguarding decent work and livelihoods in rural areas; underlines the importance of the forestry sector and the wood-based industries as a provider of jobs in rural communities, as well as in urban areas through downstream uses; points out the importance of boosting non-wood, forest-based economic activities in order to diversify local economies and jobs and reverse the depopulation trends of rural and remote areas; notes with great concern the steady decline in employment in the forestry and logging sector, which according to Eurostat fell by 7 % between 2000 and 2019 (41

42

| 49. | Stresses the importance of attracting young people and female entrepreneurs to the sector, especially in the context of the digital and green transitions of forest-based activities; points out, however, that poor working conditions in the forestry sector in some parts of Europe do not currently make it an attractive career choice; underlines the need for investments in the sector and throughout the value chain, and for a favourable environment in rural areas, including digital, transport and community infrastructure; welcomes the Commission’s proposals to promote the establishment of a skills partnership under the Pact for Skills and make use of the European Social Fund Plus to work together to increase the number of upskilling and reskilling opportunities in forestry, create quality jobs and provide workers with opportunities and adequate working conditions in the wood-based bioeconomy, thereby making it a more attractive career choice; |
| --- | --- |

49.

Stresses the importance of attracting young people and female entrepreneurs to the sector, especially in the context of the digital and green transitions of forest-based activities; points out, however, that poor working conditions in the forestry sector in some parts of Europe do not currently make it an attractive career choice; underlines the need for investments in the sector and throughout the value chain, and for a favourable environment in rural areas, including digital, transport and community infrastructure; welcomes the Commission’s proposals to promote the establishment of a skills partnership under the Pact for Skills and make use of the European Social Fund Plus to work together to increase the number of upskilling and reskilling opportunities in forestry, create quality jobs and provide workers with opportunities and adequate working conditions in the wood-based bioeconomy, thereby making it a more attractive career choice;

Monitoring, reporting and data collection

Monitoring, reporting and data collection

| 50. | Stresses the importance of accurate, integrated, qualitative, timely, comparable and up-to-date data on Europe’s forests and takes note of the initiative for a legislative proposal for a framework on forest observation, reporting and data collection, with full respect for the subsidiarity principle; recalls the importance of verified data, particularly that collected at local level, as many forest characteristics can only be verified on the ground; underlines that the broad availability, high quality, transparency, completeness and harmonisation of data and reporting are essential for meeting the goals of the strategy and believes that to deliver real added value, the framework must build on existing mechanisms and processes, such as the national forest inventories, the Forest Information System for Europe, the ENFIN network, Forest Europe and the FAO, through a bottom-up approach to best use the expertise and experience present in the Member States, and must be developed according to internationally agreed commitments and related Member State competences, while avoiding the duplication of work, an excessive administrative burden and excessive costs; underlines that the framework should include mechanisms to avoid errors such as double counting; calls on the Commission and the Member States to ensure adequate funding and human resources for operational support for the framework; |
| --- | --- |

50.

Stresses the importance of accurate, integrated, qualitative, timely, comparable and up-to-date data on Europe’s forests and takes note of the initiative for a legislative proposal for a framework on forest observation, reporting and data collection, with full respect for the subsidiarity principle; recalls the importance of verified data, particularly that collected at local level, as many forest characteristics can only be verified on the ground; underlines that the broad availability, high quality, transparency, completeness and harmonisation of data and reporting are essential for meeting the goals of the strategy and believes that to deliver real added value, the framework must build on existing mechanisms and processes, such as the national forest inventories, the Forest Information System for Europe, the ENFIN network, Forest Europe and the FAO, through a bottom-up approach to best use the expertise and experience present in the Member States, and must be developed according to internationally agreed commitments and related Member State competences, while avoiding the duplication of work, an excessive administrative burden and excessive costs; underlines that the framework should include mechanisms to avoid errors such as double counting; calls on the Commission and the Member States to ensure adequate funding and human resources for operational support for the framework;

| 51. | Believes that in order to ensure the availability of reliable, transparent and high-quality data, new innovative approaches such as remote sensing technologies must be proof checked and combined with data acquired by ground-based monitoring and must be interpreted in close cooperation with scientists, as well as independent and local experts, including competent authorities and forest managers; believes that these approaches can also play a role in helping to balance the multifunctionality of forests and to develop and share new approaches and practices, and should encompass the financial means required to gain access to data and contribute to its acquisition; believes that the synergy and complementarity between satellite imagery and positioning and location data can become key enablers for forestry managers and governmental bodies; stresses the importance of Copernicus in allowing for the remote monitoring and health assessment of forest inventories, as well as the detection of issues such as illegal logging and deforestation; welcomes the fact that, as part of the Forest Information System for Europe, the existing monitoring of climate effects and other natural or human-induced disturbances of forests will be strengthened; underlines the crucial role that analysis data plays in supporting sustainable forest management and the protection of forests, including in preventing illegal logging and in anticipating and mitigating the impacts of natural disturbances such as storms, wildfires and pests; |
| --- | --- |

51.

Believes that in order to ensure the availability of reliable, transparent and high-quality data, new innovative approaches such as remote sensing technologies must be proof checked and combined with data acquired by ground-based monitoring and must be interpreted in close cooperation with scientists, as well as independent and local experts, including competent authorities and forest managers; believes that these approaches can also play a role in helping to balance the multifunctionality of forests and to develop and share new approaches and practices, and should encompass the financial means required to gain access to data and contribute to its acquisition; believes that the synergy and complementarity between satellite imagery and positioning and location data can become key enablers for forestry managers and governmental bodies; stresses the importance of Copernicus in allowing for the remote monitoring and health assessment of forest inventories, as well as the detection of issues such as illegal logging and deforestation; welcomes the fact that, as part of the Forest Information System for Europe, the existing monitoring of climate effects and other natural or human-induced disturbances of forests will be strengthened; underlines the crucial role that analysis data plays in supporting sustainable forest management and the protection of forests, including in preventing illegal logging and in anticipating and mitigating the impacts of natural disturbances such as storms, wildfires and pests;

| 52. | Considers that Copernicus data should be used as evidence in law enforcement and policymaking through the certification of the data and its derived information products, and calls for the certification of Copernicus data to be achieved in the context of the upcoming legislative proposal for a framework on forest observation, reporting and data collection; stresses that such certified data could play a key role in monitoring diverse phenomena (such as forest land coverage, illegal logging, forest health, tree characterisation, growth patterns and the impact of forest fires) as well as in compliance monitoring; |
| --- | --- |

52.

Considers that Copernicus data should be used as evidence in law enforcement and policymaking through the certification of the data and its derived information products, and calls for the certification of Copernicus data to be achieved in the context of the upcoming legislative proposal for a framework on forest observation, reporting and data collection; stresses that such certified data could play a key role in monitoring diverse phenomena (such as forest land coverage, illegal logging, forest health, tree characterisation, growth patterns and the impact of forest fires) as well as in compliance monitoring;

| 53. | Takes note of the idea to introduce strategic plans for forests under the framework on forest observation, reporting and data collection; further notes that several Member States already have national strategies for forests in place, which cannot be assessed in a uniform manner by the Commission, and that these should be established or further developed in a way that supports the objectives of the EU Forest Strategy; underlines that this proposal should avoid an excessive increase in the administrative burden and costs; highlights that the exact purpose and need for such plans should be clarified and emphasises the obligation to respect Member State competence in forest matters; calls on the Commission to ensure that the legislative proposal fully respects existing national strategies at Member State level and, where relevant, at local level, emphasising that strategic planning at EU level should dovetail with and avoid contradicting or duplicating the existing national strategies; calls on the Commission to assess how this tool could be used to support, in particular, those Member States that do not yet have national strategies in place; |
| --- | --- |

53.

Takes note of the idea to introduce strategic plans for forests under the framework on forest observation, reporting and data collection; further notes that several Member States already have national strategies for forests in place, which cannot be assessed in a uniform manner by the Commission, and that these should be established or further developed in a way that supports the objectives of the EU Forest Strategy; underlines that this proposal should avoid an excessive increase in the administrative burden and costs; highlights that the exact purpose and need for such plans should be clarified and emphasises the obligation to respect Member State competence in forest matters; calls on the Commission to ensure that the legislative proposal fully respects existing national strategies at Member State level and, where relevant, at local level, emphasising that strategic planning at EU level should dovetail with and avoid contradicting or duplicating the existing national strategies; calls on the Commission to assess how this tool could be used to support, in particular, those Member States that do not yet have national strategies in place;

Governance and implementation

Governance and implementation

| 54. | Believes that due to the multifunctional contribution of forests to various EU goals and the different administrative levels and stakeholder groups involved, the cornerstones of the strategy’s implementation must be close cooperation and the exchange of best practices with national and regional experts, stakeholders, notably private and public forest owners and managers, scientists, certification schemes and civil society, including an adequate representation of the indigenous peoples of Europe and respecting the principle of subsidiarity; underlines that governance must take into account EU and Member State engagement with Forest Europe and at international level, including with the FAO, and that the implementation of the strategy should seek to create synergies with the contribution to international commitments and cooperation, including on the continuous development of terminology and definitions; recalls the importance of cross-border cooperation in ensuring the long-term survival of Europe’s most valuable and threatened species and habitats; urges environmental and forestry stakeholders to reach out to broader segments of the population through various educational tools and programmes; |
| --- | --- |

54.

Believes that due to the multifunctional contribution of forests to various EU goals and the different administrative levels and stakeholder groups involved, the cornerstones of the strategy’s implementation must be close cooperation and the exchange of best practices with national and regional experts, stakeholders, notably private and public forest owners and managers, scientists, certification schemes and civil society, including an adequate representation of the indigenous peoples of Europe and respecting the principle of subsidiarity; underlines that governance must take into account EU and Member State engagement with Forest Europe and at international level, including with the FAO, and that the implementation of the strategy should seek to create synergies with the contribution to international commitments and cooperation, including on the continuous development of terminology and definitions; recalls the importance of cross-border cooperation in ensuring the long-term survival of Europe’s most valuable and threatened species and habitats; urges environmental and forestry stakeholders to reach out to broader segments of the population through various educational tools and programmes;

| 55. | Highlights the importance of the Standing Forestry Committee as a forum for providing comprehensive forestry expertise and discussing activities under the strategy and other EU policies that impact the forestry sector; believes that to achieve policy coherence, the Commission should increase dialogue between the Standing Forestry Committee and other expert groups such as the Working Group on Forests and Nature, the Civil Dialogue Group on Forestry and Cork, which plays an important role in properly involving stakeholders in the development and implementation of EU forest policies, the Coordination Group on Biodiversity and Nature’s sub-working group on forest and nature, and the Expert Group on Forest-based Industries; |
| --- | --- |

55.

Highlights the importance of the Standing Forestry Committee as a forum for providing comprehensive forestry expertise and discussing activities under the strategy and other EU policies that impact the forestry sector; believes that to achieve policy coherence, the Commission should increase dialogue between the Standing Forestry Committee and other expert groups such as the Working Group on Forests and Nature, the Civil Dialogue Group on Forestry and Cork, which plays an important role in properly involving stakeholders in the development and implementation of EU forest policies, the Coordination Group on Biodiversity and Nature’s sub-working group on forest and nature, and the Expert Group on Forest-based Industries;

| 56. | Acknowledges that the implementation of the strategy may lead to significant systemic changes for the forestry sector, through a shift from primarily timber-based revenue streams towards more complex ones, increasingly building on the provisions of other ecosystem services, and highlights the need to monitor and understand its consequences; notes that the extensive and sometimes contradictory overlap among policies and legislation, and in some cases conflicting objectives, impacts forests and the forestry sector and could cause legislative fragmentation; stresses the importance of ensuring their coherence; calls on the Commission and the Member States to continuously assess the cumulative effects of the different initiatives under the strategy, combined with other relevant EU legislation and policies to ensure coherence in any forestry-related work and enhance the sustainable management of forests, with full respect for the subsidiarity principle; highlights that, as part of these assessments, the impact of the protection regime for primary and old-growth forests on local communities must be thoroughly evaluated in cooperation with local actors, with 90 % of them being located in just four Member States (43); calls on the Commission to report on this as part of its implementation report; |
| --- | --- |

56.

Acknowledges that the implementation of the strategy may lead to significant systemic changes for the forestry sector, through a shift from primarily timber-based revenue streams towards more complex ones, increasingly building on the provisions of other ecosystem services, and highlights the need to monitor and understand its consequences; notes that the extensive and sometimes contradictory overlap among policies and legislation, and in some cases conflicting objectives, impacts forests and the forestry sector and could cause legislative fragmentation; stresses the importance of ensuring their coherence; calls on the Commission and the Member States to continuously assess the cumulative effects of the different initiatives under the strategy, combined with other relevant EU legislation and policies to ensure coherence in any forestry-related work and enhance the sustainable management of forests, with full respect for the subsidiarity principle; highlights that, as part of these assessments, the impact of the protection regime for primary and old-growth forests on local communities must be thoroughly evaluated in cooperation with local actors, with 90 % of them being located in just four Member States (43

| 57. | Expresses serious concern about reports of illegal logging and land use change in some Member States, including in state forests and protected areas, and about the related ongoing infringement procedures (44); underlines that illegal logging may have effects that are difficult or impossible to reverse, can contribute to biodiversity loss, the acceleration of climate change and the loss of natural resources from forests that forest communities rely on, and can lead to human rights violations; voices deep sorrow with regard to and firmly condemns the murders of and violence against forestry personnel, journalists and activists as a consequence of illegal logging and expects Member States to hold the perpetrators accountable and end the oppression of rangers; calls on the Commission and the Member States to fully and effectively implement relevant national and EU legislation, in particular by defining illegal logging, increasing close monitoring, spending on enforcement where necessary, fighting corruption, and improving forest and land governance; stresses the importance of increasing the role of the Member States’ competent authorities in combating illegal logging, drawing on the lessons learnt from the implementation and enforcement of the EU Timber Regulation; notes that logging in violation of nature protection measures, including Natura 2000 management plans and the Birds and Habitats Directives, can also constitute illegal logging; stresses that illegal logging has major negative economic, social and environmental impacts and generates revenue losses for local communities; notes the connection between illegal logging and poor living conditions; deplores the length of time taken by the Commission in pursuing infringement cases, which carries the considerable risk that illegal logging will continue and that it will be too late to reverse and repair the huge damage it causes; calls on the Commission and the Member States to take urgent action to stop illegal logging and to tighten the control of illegal timber trading, through the close monitoring and enforcement of existing regulations and the use of geo-spatial and remote-sensing technologies; |
| --- | --- |

57.

Expresses serious concern about reports of illegal logging and land use change in some Member States, including in state forests and protected areas, and about the related ongoing infringement procedures (44

| 58. | Calls on the Commission to promote EU standards and ambitions for protecting forests at an international level; |
| --- | --- |

58.

Calls on the Commission to promote EU standards and ambitions for protecting forests at an international level;

| 59. | Calls on the Commission to restart the negotiations for an international legally binding forest convention that would contribute to the management, conservation and sustainable development of forests and provide for their multiple and complementary functions and uses, including action towards reforestation, afforestation and forest conservation, while taking into account the social, economic, ecological, cultural and spiritual needs of present and future generations, recognising the vital role of all types of forests in maintaining ecological processes and balance, and supporting the identity, culture and rights of indigenous people, their communities and other communities and forest dwellers; |
| --- | --- |

59.

Calls on the Commission to restart the negotiations for an international legally binding forest convention that would contribute to the management, conservation and sustainable development of forests and provide for their multiple and complementary functions and uses, including action towards reforestation, afforestation and forest conservation, while taking into account the social, economic, ecological, cultural and spiritual needs of present and future generations, recognising the vital role of all types of forests in maintaining ecological processes and balance, and supporting the identity, culture and rights of indigenous people, their communities and other communities and forest dwellers;

| 60. | Calls on the Union to comply with the principle of policy coherence for development and to ensure consistency between its development, trade, agriculture, energy and climate policies; recognises the positive economic, societal and environmental contribution of the forest industry and asks for further investment in research, innovation and technological advancement; |
| --- | --- |

60.

Calls on the Union to comply with the principle of policy coherence for development and to ensure consistency between its development, trade, agriculture, energy and climate policies; recognises the positive economic, societal and environmental contribution of the forest industry and asks for further investment in research, innovation and technological advancement;

| 61. | Calls on the Commission to promote mirror clauses in international bio-economy markets and to make use of pan-European and international partnerships and foreign trade agreements to promote the EU’s climate ambition and the sustainability of forest use outside the EU; |
| --- | --- |

61.

Calls on the Commission to promote mirror clauses in international bio-economy markets and to make use of pan-European and international partnerships and foreign trade agreements to promote the EU’s climate ambition and the sustainability of forest use outside the EU;

o

o o

| 62. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

62.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ C 395, 29.9.2021, p. 37.

1

(2)  OJ C 346, 21.9.2016, p. 17.

2

(3)  OJ L 243, 9.7.2021, p. 1.

3

(4)  OJ L 156, 19.6.2018, p. 1.

4

(5)  OJ L 328, 21.12.2018, p. 82.

5

(6)  OJ L 206, 22.7.1992, p. 7.

6

(7)  OJ L 60, 22.2.2021, p. 21.

7

(8)  OJ L 189, 10.5.2022, p. 1.

8

(9)  OJ C 152, 6.4.2022, p. 169.

9

(10)  Judgment of the Court of Justice of 17 April 2018, European Commission v Republic of Poland, C-441/17, ECLI:EU:C:2018:255 (Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Article 6(1) and (3) — Article 12(1) — Directive2009/147/EC — Conservation of wild birds — Articles 4 and 5 — ‘Puszcza Białowieska’ Natura 2000 site — Amendment of the forest management plan — Increase in the volume of harvestable timber — Plan or project not directly necessary to the management of the site that is likely to have a significant effect on it — Appropriate assessment of the implications for the site — Adverse effect on the integrity of the site — Actual implementation of the conservation measures — Effects on the breeding sites and resting places of the protected species).

10

European Commission v Republic of Poland,

(11)  Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality.

11

(12)  European Environment Agency Report No 5/2016 entitled ‘European forest ecosystems — State and trends’.

12

(13)  Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework (OJ L 156, 19.6.2018, p. 1).

13

(14)  Commission communication of 16 July 2021 on the new EU Forest Strategy for 2030 (COM(2021)0572).

14

(15)  In Europe as a whole, the majority of private holdings are 10 ha or less — Forest Europe, State of Europe’s Forests 2020, 2020; in Germany, 50 % of privately owned forest holdings are smaller than 20 ha, https://www.bmel.de/SharedDocs/Downloads/DE/ Broschueren/bundeswaldinventur3.pdf;jsessionid=972A5297B9463D98948E787D1AA78F19.live921?__blob=publicationFile&v=3; in France, about two thirds of private owners have less than 1 ha, https://franceboisforet.fr/wp-content/uploads/2021/04/ Brochure_chiffresClesForetPrivee_2021_PageApage_BD.pdf; in Finland, about 45 % of owners have less than 10 ha, https://www.luke.fi/en/statistics/ownership-of-forest-land; in Latvia, 50 % of owners have less than 5 ha, https://www.zm.gov.lv/public/ck/ files/MAF_parskats_Silava_privat_meza_apsaimn_monitorings.pdf

15

State of Europe’s Forests 2020

(16)  Science for Environment Policy, European Forests for biodiversity, climate change mitigation and adaptation, Future Brief 25, Science Communication Unit, UWE Bristol, 2021, https://environment.ec.europa.eu/publications/future-brief-european-forests-biodiversity-climate-change-mitigation-and-adaptation-issue-25_en

16

European Forests for biodiversity, climate change mitigation and adaptation

(17)  European Environment Agency, The European environment — state and outlook 2020: knowledge for transition to a sustainable Europe, 11 May 2020, p. 83, https://www.eea.europa.eu/soer-2020/

17

The European environment — state and outlook 2020: knowledge for transition to a sustainable Europe

(18)  Commission communication of 16 July 2021 on the new EU Forest Strategy for 2030 (COM(2021)0572).

18

(19)  Joint Research Centre, Mapping and Assessment of Ecosystems and their Services: An EU ecosystem assessment, 2020; for trends in condition, see also Forest Europe, State of Europe’s Forests 2020, 2020.

19

Mapping and Assessment of Ecosystems and their Services: An EU ecosystem assessment

State of Europe’s Forests 2020

(20)  Forest Europe report of 2020 entitled ‘State of Europe’s Forests 2020’.

20

(21)  Joint Research Centre, Mapping and Assessment of Ecosystems and their Services: An EU ecosystem assessment, 2020; for trends in condition, see also Forest Europe, State of Europe’s Forests 2020, 2020.

21

Mapping and Assessment of Ecosystems and their Services: An EU ecosystem assessment

State of Europe’s Forests 2020

(22)  Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23).

22

(23)  European Commission, Directorate-General for Environment, Study on certification and verification schemes in the forest sector and for wood-based products, Publications Office of the European Union, 2021, https://op.europa.eu/en/publication-detail/-/publication/afa5e0df-fb19-11eb-b520-01aa75ed71a1/language-en

23

Study on certification and verification schemes in the forest sector and for wood-based products

(24)  Joint Research Centre, Mapping and assessment of primary and old-growth forests in Europe, 2021.

24

Mapping and assessment of primary and old-growth forests in Europe

(25)  https://www.wur.nl/en/research-results/research-institutes/environmental-research/show-wenr/does-the-eu-depend-on-russia-for-its-wood.htm

25

(26)  https://www.eca.europa.eu/Lists/ECADocuments/SR21_21/SR_Forestry_EN.pdf

26

(27)  Forest Europe, State of Europe’s Forests 2020, 2020.

27

State of Europe’s Forests 2020

(28)  Science for Environment Policy, European Forests for biodiversity, climate change mitigation and adaptation, Future Brief 25, Science Communication Unit, UWE Bristol, 2021, https://environment.ec.europa.eu/publications/future-brief-european-forests-biodiversity-climate-change-mitigation-and-adaptation-issue-25_en

28

(29)  Commission communication of 17 November 2021 entitled ‘EU Soil Strategy for 2030 — Reaping the benefits of healthy soils for people, food, nature and climate’ (COM(2021)0699).

29

(30)  Pickles, B. J. and Simard, S. W., ‘Mycorrhizal Networks and Forest Resilience to Drought’, Mycorrhizal Mediation of Soil — Fertility, Structure, and Carbon Storage, Elsevier, Amsterdam, 2017, pp. 319-339.

30

Mycorrhizal Mediation of Soil — Fertility, Structure, and Carbon Storage

(31)  Gorzelak, M. A. et al., ‘Inter-plant communication through mycorrhizal networks mediates complex adaptive behaviour in plant communities’, AoB Plants, 2015.

31

AoB Plants

(32)  Usman, M. et al., ‘Mycorrhizal Symbiosis for Better Adaptation of Trees to Abiotic Stress Caused by Climate Change in Temperate and Boreal Forests’, Frontiers in Forests and Global Change, 2021.

32

Frontiers in Forests and Global Change

(33)  European Commission, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, Guidance on cascading use of biomass with selected good practice examples on woody biomass, Publications Office, 2019.

33

Guidance on cascading use of biomass with selected good practice examples on woody biomass

(34)  Hetemäki, L., Palahí, M. and Nasi, R., Seeing the wood in the forests. Knowledge to Action 1, European Forest Institute, 2020; see also WWF Living Forests Report, Chapter 5, https://wwf.panda.org/discover/our_focus/forests_practice/forest_publications_news_and_reports/living_forests_report/

34

Seeing the wood in the forests. Knowledge to Action 1

(35)  In the Forest Europe area; see Forest Europe, State of Europe’s Forests 2020, 2020.

35

State of Europe’s Forests 2020

(36)  Commission staff working document of 16 July 2021 entitled ‘The 3 Billion Tree Planting Pledge for 2030’ (SWD(2021)0651).

36

(37)  Joint Research Centre, Mapping and assessment of primary and old-growth forests in Europe, 2021.

37

(38)  https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Forests,_forestry_and_logging#Employment_and_apparent_%20labour_productivity_in_forestry_and_logging

38

(39)  Commission communication of 15 December 2021 on sustainable carbon cycles (COM(2021)0800).

39

(40)  OJ C 229, 15.6.2021, p. 6.

40

(41)  https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Forests,_forestry_and_logging#Employment_and_apparent_labour_productivity_in_forestry_and_logging

41

(42)  Forest Europe, State of Europe’s Forests 2020, 2020.

42

State of Europe’s Forests 2020

(43)  Joint Research Centre, Mapping and assessment of primary and old-growth forests in Europe, 2021.

43

(44)  Five ongoing infringement procedures against four Member States (cases 2016/2072, 2018/2208, 2018/4076, 2020/2033 and 2021/4029).

44

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/44 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/44

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P9_TA(2022)0314

The impact of COVID-19 closures of educational, cultural, youth and sports activities on children and young people in the EU

European Parliament resolution of 13 September 2022 on the impact of COVID-19 closures of educational, cultural, youth and sports activities on children and young people in the EU (2022/2004(INI))

(2023/C 125/03)

The European Parliament,

| — | having regard to Articles 2, 3 and 5(3) of the Treaty on European Union, |
| --- | --- |

—

having regard to Articles 2, 3 and 5(3) of the Treaty on European Union,

| — | having regard to Articles 165, 166 and 167 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Articles 165, 166 and 167 of the Treaty on the Functioning of the European Union,

| — | having regard to Articles 14, 15 and 32 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Articles 14, 15 and 32 of the Charter of Fundamental Rights of the European Union,

| — | having regard to the European Pillar of Social Rights, in particular principles 1, 3 and 4 thereof, |
| --- | --- |

—

having regard to the European Pillar of Social Rights, in particular principles 1, 3 and 4 thereof,

| — | having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (1), |
| --- | --- |

—

having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (1),

| — | having regard to its resolution of 8 October 2020 on the Youth Guarantee (2), |
| --- | --- |

—

having regard to its resolution of 8 October 2020 on the Youth Guarantee (2),

| — | having regard to its resolution of 10 February 2021 on the impact of COVID-19 on youth and on sport (3), |
| --- | --- |

—

having regard to its resolution of 10 February 2021 on the impact of COVID-19 on youth and on sport (3),

| — | having regard to its resolution of 17 February 2022 on empowering European youth: post-pandemic employment and social recovery (4), |
| --- | --- |

—

having regard to its resolution of 17 February 2022 on empowering European youth: post-pandemic employment and social recovery (4),

| — | having regard to its resolution of 20 May 2021 on the right of information of the Parliament regarding the ongoing assessment of the national recovery and resilience plans (5), |
| --- | --- |

—

having regard to its resolution of 20 May 2021 on the right of information of the Parliament regarding the ongoing assessment of the national recovery and resilience plans (5),

| — | having regard to the European Youth Event 2021 report entitled ‘Youth Ideas Report for the Conference on the Future of Europe’, |
| --- | --- |

—

having regard to the European Youth Event 2021 report entitled ‘Youth Ideas Report for the Conference on the Future of Europe’,

| — | having regard to Decision (EU) 2021/2316 of the European Parliament and of the Council of 22 December 2021 on a European Year of Youth (2022) (6), |
| --- | --- |

—

having regard to Decision (EU) 2021/2316 of the European Parliament and of the Council of 22 December 2021 on a European Year of Youth (2022) (6),

| — | having regard to the proposal for a Council recommendation of 10 December 2021 on a European approach to micro-credentials for lifelong learning and employability (COM(2021)0770) and to the accompanying staff working document (SWD(2021)0367), |
| --- | --- |

—

having regard to the proposal for a Council recommendation of 10 December 2021 on a European approach to micro-credentials for lifelong learning and employability (COM(2021)0770) and to the accompanying staff working document (SWD(2021)0367),

| — | having regard to the news article of 7 April 2020 entitled ‘COVID-19: how can VET respond?’, published by the Commission’s Directorate-General for Employment, Social Affairs and Inclusion (7), |
| --- | --- |

—

having regard to the news article of 7 April 2020 entitled ‘COVID-19: how can VET respond?’, published by the Commission’s Directorate-General for Employment, Social Affairs and Inclusion (7),

| — | having regard to the Commission communication of 30 September 2020 entitled ‘Digital Education Action Plan 2021-2027: Resetting education and training for the digital age’ (COM(2020)0624), |
| --- | --- |

—

having regard to the Commission communication of 30 September 2020 entitled ‘Digital Education Action Plan 2021-2027: Resetting education and training for the digital age’ (COM(2020)0624),

| — | having regard to the Erasmus+ and European Solidarity Corps Survey on the impact of COVID-19 on learning mobility (8), |
| --- | --- |

—

having regard to the Erasmus+ and European Solidarity Corps Survey on the impact of COVID-19 on learning mobility (8),

| — | having regard to the forthcoming Commission communication on long-term care and childhood education and care, |
| --- | --- |

—

having regard to the forthcoming Commission communication on long-term care and childhood education and care,

| — | having regard to the study entitled ‘Education and youth in post-COVID-19 Europe — crisis effects and policy recommendations’, published by its Directorate-General for Internal Policies on 4 May 2021 (9), |
| --- | --- |

—

having regard to the study entitled ‘Education and youth in post-COVID-19 Europe — crisis effects and policy recommendations’, published by its Directorate-General for Internal Policies on 4 May 2021 (9),

| — | having regard to the study entitled ‘Youth in Europe: Effects of COVID-19 on their economic and social situation’, published by its Directorate-General for Internal Policies on 24 September 2021 (10), |
| --- | --- |

—

having regard to the study entitled ‘Youth in Europe: Effects of COVID-19 on their economic and social situation’, published by its Directorate-General for Internal Policies on 24 September 2021 (10),

| — | having regard to the study entitled ‘Cultural and creative sectors in post-COVID-19 Europe — crisis effects and policy recommendations’, published by its Directorate-General for Internal Policies on 18 February 2021 (11), |
| --- | --- |

—

having regard to the study entitled ‘Cultural and creative sectors in post-COVID-19 Europe — crisis effects and policy recommendations’, published by its Directorate-General for Internal Policies on 18 February 2021 (11),

| — | having regard to the NESET Ad hoc report no. 3/2021 entitled ‘Distance learning from a student perspective’ (12), |
| --- | --- |

—

having regard to the NESET Ad hoc report no. 3/2021 entitled ‘Distance learning from a student perspective’ (12),

| — | having regard to the NESET Ad hoc report no. 2/2021 entitled ‘The impact of COVID-19 on student learning outcomes across Europe: the challenges of distance education for all’ (13), |
| --- | --- |

—

having regard to the NESET Ad hoc report no. 2/2021 entitled ‘The impact of COVID-19 on student learning outcomes across Europe: the challenges of distance education for all’ (13),

| — | having regard to the European Expert Network on Economics of Education (EENEE) and NESET analytical report entitled ‘The impact of COVID-19 on the education of disadvantaged children and the socio-economic consequences thereof’ (14), |
| --- | --- |

—

having regard to the European Expert Network on Economics of Education (EENEE) and NESET analytical report entitled ‘The impact of COVID-19 on the education of disadvantaged children and the socio-economic consequences thereof’ (14),

| — | having regard to the Joint Research Centre technical report entitled ‘The likely impact of COVID-19 on education: Reflections based on the existing literature and recent international datasets’ (15), |
| --- | --- |

—

having regard to the Joint Research Centre technical report entitled ‘The likely impact of COVID-19 on education: Reflections based on the existing literature and recent international datasets’ (15),

| — | having regard to the European Youth Forum report of 17 June 2021 entitled ‘Beyond Lockdown: the “pandemic scar” on young people’ (16), |
| --- | --- |

—

having regard to the European Youth Forum report of 17 June 2021 entitled ‘Beyond Lockdown: the “pandemic scar” on young people’ (16),

| — | having regard to the UNICEF report of 4 October 2021 entitled ‘The State of the World’s Children 2021: On My Mind: promoting, protecting and caring for children’s mental health’ (17), |
| --- | --- |

—

having regard to the UNICEF report of 4 October 2021 entitled ‘The State of the World’s Children 2021: On My Mind: promoting, protecting and caring for children’s mental health’ (17),

| — | having regard to the OECD policy brief of 12 May 2021 entitled ‘Supporting young people’s mental health through the COVID-19 crisis’ (18), |
| --- | --- |

—

having regard to the OECD policy brief of 12 May 2021 entitled ‘Supporting young people’s mental health through the COVID-19 crisis’ (18),

| — | having regard to the Young Minds survey of February 2021 entitled ‘Coronavirus: Impact on young people with mental health needs’ (19), |
| --- | --- |

—

having regard to the Young Minds survey of February 2021 entitled ‘Coronavirus: Impact on young people with mental health needs’ (19),

| — | having regard to the Horizon 2020 project entitled ‘Prevention of child mental health problems in Southeastern Europe — Adapt, Optimise, Test, and Extend Parenting for Lifelong Health’ (20), |
| --- | --- |

—

having regard to the Horizon 2020 project entitled ‘Prevention of child mental health problems in Southeastern Europe — Adapt, Optimise, Test, and Extend Parenting for Lifelong Health’ (20),

| — | having regard to the Mental Health Foundation Scotland report of September 2020 entitled ‘Impacts of lockdown on the mental health and well-being of children and young people’ (21), |
| --- | --- |

—

having regard to the Mental Health Foundation Scotland report of September 2020 entitled ‘Impacts of lockdown on the mental health and well-being of children and young people’ (21),

| — | having regard to the European Foundation for the Improvement of Living and Working Conditions (Eurofound) research report of 9 November 2021 entitled ‘Impact of COVID-19 on young people in the EU’ (22), |
| --- | --- |

—

having regard to the European Foundation for the Improvement of Living and Working Conditions (Eurofound) research report of 9 November 2021 entitled ‘Impact of COVID-19 on young people in the EU’ (22),

| — | having regard to the YouMoveEurope campaign on the International Youth Work Trainers Guild petition ‘Responding to the Impact of COVID-19 on International Youth Work Mobility’ (23), |
| --- | --- |

—

having regard to the YouMoveEurope campaign on the International Youth Work Trainers Guild petition ‘Responding to the Impact of COVID-19 on International Youth Work Mobility’ (23),

| — | having regard to its resolution of 23 November 2021 on EU sports policy: assessment and possible ways forward (24), |
| --- | --- |

—

having regard to its resolution of 23 November 2021 on EU sports policy: assessment and possible ways forward (24),

| — | having regard to the UN Convention on the Rights of the Child, in particular Article 12 thereof, |
| --- | --- |

—

having regard to the UN Convention on the Rights of the Child, in particular Article 12 thereof,

| — | having regard to the UN Convention on the Rights of the Child of 20 November 1989, in particular Article 30 thereof, |
| --- | --- |

—

having regard to the UN Convention on the Rights of the Child of 20 November 1989, in particular Article 30 thereof,

| — | having regard to Council Recommendation (EU) 2021/1004 of 14 June 2021 establishing a European Child Guarantee (25), |
| --- | --- |

—

having regard to Council Recommendation (EU) 2021/1004 of 14 June 2021 establishing a European Child Guarantee (25),

| — | having regard to its resolution of 8 July 2020 on the rights of persons with intellectual disabilities and their families in the COVID-19 crisis (26), |
| --- | --- |

—

having regard to its resolution of 8 July 2020 on the rights of persons with intellectual disabilities and their families in the COVID-19 crisis (26),

| — | having regard to the European Youth Goals, in particular Goals 5, 9 and 11, |
| --- | --- |

—

having regard to the European Youth Goals, in particular Goals 5, 9 and 11,

| — | having regard to its resolution of 17 September 2020 on the cultural recovery of Europe (27), |
| --- | --- |

—

having regard to its resolution of 17 September 2020 on the cultural recovery of Europe (27),

| — | having regard to its resolution of 22 October 2020 on the future of European education in the context of COVID-19 (28), |
| --- | --- |

—

having regard to its resolution of 22 October 2020 on the future of European education in the context of COVID-19 (28),

| — | having regard to its resolution of 25 March 2021 on shaping digital education policy (29), |
| --- | --- |

—

having regard to its resolution of 25 March 2021 on shaping digital education policy (29),

| — | having regard to its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU (30), |
| --- | --- |

—

having regard to its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU (30),

| — | having regard to the OECD project ‘Student Agency for 2030’, |
| --- | --- |

—

having regard to the OECD project ‘Student Agency for 2030’,

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the report of the Committee on Culture and Education (A9-0216/2022), |
| --- | --- |

—

having regard to the report of the Committee on Culture and Education (A9-0216/2022),

| A. | whereas the closure of early childhood education and care provision facilities, schools, universities, spaces for youth welfare and youth work, as well as of extracurricular activities, cultural spaces and sports facilities, has denied children and young people the opportunity to participate in activities which are essential for their overall development, their learning progression, their intellectual, physical, emotional and mental health and well-being, and their social and professional inclusion; |
| --- | --- |

A.

whereas the closure of early childhood education and care provision facilities, schools, universities, spaces for youth welfare and youth work, as well as of extracurricular activities, cultural spaces and sports facilities, has denied children and young people the opportunity to participate in activities which are essential for their overall development, their learning progression, their intellectual, physical, emotional and mental health and well-being, and their social and professional inclusion;

| B. | whereas children and young people are among the most vulnerable groups in our society and have been impacted by COVID-19-related closures during a crucial and critical period of their lives; whereas mental health is one of the preconditions for and foundations of a healthy society and democracy; whereas access to mental health services is therefore inseparable from other basic rights; |
| --- | --- |

B.

whereas children and young people are among the most vulnerable groups in our society and have been impacted by COVID-19-related closures during a crucial and critical period of their lives; whereas mental health is one of the preconditions for and foundations of a healthy society and democracy; whereas access to mental health services is therefore inseparable from other basic rights;

| C. | whereas the cancellation of educational, cultural, youth and sports activities and events intensified the digital transition to such an extent that it abruptly changed daily routines, as well as the way in which children and young people interact and communicate with each other, without social or physical contacts; whereas the closure of schools, spaces for culture and sports facilities hosting such activities and events has reduced the levels of physical fitness in young people to such an extent that currently only one in four 11-year-olds carries out enough physical activity; whereas this has led to one in three children being overweight or obese, increasing the risk of factor for disability and greater morbidity (31); |
| --- | --- |

C.

whereas the cancellation of educational, cultural, youth and sports activities and events intensified the digital transition to such an extent that it abruptly changed daily routines, as well as the way in which children and young people interact and communicate with each other, without social or physical contacts; whereas the closure of schools, spaces for culture and sports facilities hosting such activities and events has reduced the levels of physical fitness in young people to such an extent that currently only one in four 11-year-olds carries out enough physical activity; whereas this has led to one in three children being overweight or obese, increasing the risk of factor for disability and greater morbidity (31);

| D. | whereas education ranked among the most emotionally draining sectors during the COVID-19 pandemic (32) and research shows a clear connection between the mental health of teachers and that of students (33); whereas distance education has inherent limitations in the teaching of laboratory and art courses, as well as vocational and physical education; whereas distance education is in many cases pedagogically unsuitable, especially for younger students, who have a greater need for interpersonal contact with the teacher, and owing to the lack of opportunities for teachers to be adequately trained to use digital tools effectively in schools; whereas in most cases, distance learning did not take into account the needs of learners who receive education in regional or minority languages; whereas this approach can be considered discriminatory and creates distress, anxiety and a sense of insecurity in those learners; |
| --- | --- |

D.

whereas education ranked among the most emotionally draining sectors during the COVID-19 pandemic (32) and research shows a clear connection between the mental health of teachers and that of students (33); whereas distance education has inherent limitations in the teaching of laboratory and art courses, as well as vocational and physical education; whereas distance education is in many cases pedagogically unsuitable, especially for younger students, who have a greater need for interpersonal contact with the teacher, and owing to the lack of opportunities for teachers to be adequately trained to use digital tools effectively in schools; whereas in most cases, distance learning did not take into account the needs of learners who receive education in regional or minority languages; whereas this approach can be considered discriminatory and creates distress, anxiety and a sense of insecurity in those learners;

| E. | whereas having no fixed daily timetable which creates a reassuring ‘routine’, and with the custom of attending school for long periods having been lost in some Member States, now that the schools have opened once again, many students seem to be ‘detached’, uninterested in school life and are having difficulties in finding their pace, in concentrating, in feeling a sense of belonging and in sharing the goals of the school community; |
| --- | --- |

E.

whereas having no fixed daily timetable which creates a reassuring ‘routine’, and with the custom of attending school for long periods having been lost in some Member States, now that the schools have opened once again, many students seem to be ‘detached’, uninterested in school life and are having difficulties in finding their pace, in concentrating, in feeling a sense of belonging and in sharing the goals of the school community;

| F. | whereas the closure of cultural venues — which were the first to be closed and the last to be allowed to reopen — has denied young cultural creators and, in particular, young performers the opportunity to commence and develop their careers at this crucial early stage; |
| --- | --- |

F.

whereas the closure of cultural venues — which were the first to be closed and the last to be allowed to reopen — has denied young cultural creators and, in particular, young performers the opportunity to commence and develop their careers at this crucial early stage;

| G. | whereas grassroots sports were severely affected by the negative consequences of the pandemic, with many of them being completely closed for a long time; whereas professional sports clubs, especially at local and regional level, are still expected to cope with serious challenges regarding their financial recovery in the longer term; whereas the permanent loss of grassroots sports would have a direct impact on young athletes, both in terms of their social development and of their potential future professional career in sports; |
| --- | --- |

G.

whereas grassroots sports were severely affected by the negative consequences of the pandemic, with many of them being completely closed for a long time; whereas professional sports clubs, especially at local and regional level, are still expected to cope with serious challenges regarding their financial recovery in the longer term; whereas the permanent loss of grassroots sports would have a direct impact on young athletes, both in terms of their social development and of their potential future professional career in sports;

| H. | whereas the overall state of young people’s mental health and well-being has significantly worsened during the pandemic, with problems related to mental health doubling in several Member States compared to pre-crisis levels (34), leading pundits to call this the ‘silent pandemic’ or the ‘pandemic scar’; whereas the pandemic has exposed the lack of support provided to young people experiencing issues connected to mental health; whereas marginalised groups, such as LGBTIQ+, racial and ethnic minorities or young people with special needs, have been subjected to a higher risk of developing a mental health disorder; whereas the real consequences of mental health issues for young people are often difficult to identify and, to date, are not yet fully visible; |
| --- | --- |

H.

whereas the overall state of young people’s mental health and well-being has significantly worsened during the pandemic, with problems related to mental health doubling in several Member States compared to pre-crisis levels (34), leading pundits to call this the ‘silent pandemic’ or the ‘pandemic scar’; whereas the pandemic has exposed the lack of support provided to young people experiencing issues connected to mental health; whereas marginalised groups, such as LGBTIQ+, racial and ethnic minorities or young people with special needs, have been subjected to a higher risk of developing a mental health disorder; whereas the real consequences of mental health issues for young people are often difficult to identify and, to date, are not yet fully visible;

| I. | whereas the excessive pressure put on learners to over-perform, even from a young age, has put additional strain on learners’ mental health and well-being; whereas mental health difficulties carry a strong stigma in our societies, leading young people living with mental health issues also to be subjected to prejudice, social isolation, verbal abuse or bullying, and to experiencing learning settings as an unsafe environment in which it is difficult to seek help or treatment; |
| --- | --- |

I.

whereas the excessive pressure put on learners to over-perform, even from a young age, has put additional strain on learners’ mental health and well-being; whereas mental health difficulties carry a strong stigma in our societies, leading young people living with mental health issues also to be subjected to prejudice, social isolation, verbal abuse or bullying, and to experiencing learning settings as an unsafe environment in which it is difficult to seek help or treatment;

| J. | whereas there are vast discrepancies between Member States’ specific situations, owing to the differing nature and duration of the measures put in place, as well as to differences in access to technology and digital tools, which accentuate rural-urban inequalities; |
| --- | --- |

J.

whereas there are vast discrepancies between Member States’ specific situations, owing to the differing nature and duration of the measures put in place, as well as to differences in access to technology and digital tools, which accentuate rural-urban inequalities;

| K. | whereas the forced shift to virtual learning has not only exacerbated already existing inequalities, but has also created new ones by leaving children from socially disadvantaged backgrounds behind as a result of cramped housing conditions, the lack of digital infrastructure or equipment and connectivity issues, increasing the risk of low learning outcomes and consequently of drop-out among learners with fewer opportunities; |
| --- | --- |

K.

whereas the forced shift to virtual learning has not only exacerbated already existing inequalities, but has also created new ones by leaving children from socially disadvantaged backgrounds behind as a result of cramped housing conditions, the lack of digital infrastructure or equipment and connectivity issues, increasing the risk of low learning outcomes and consequently of drop-out among learners with fewer opportunities;

| L. | whereas the closure of learning institutions has led to a reduction in existing knowledge, a loss of the methodology to acquire new knowledge and an actual loss of learning; whereas these losses, which are likely to have a long-term negative impact on the future well-being of children and young people, are higher among learners from socio-economically disadvantaged households, who received less support with their studies during the pandemic; |
| --- | --- |

L.

whereas the closure of learning institutions has led to a reduction in existing knowledge, a loss of the methodology to acquire new knowledge and an actual loss of learning; whereas these losses, which are likely to have a long-term negative impact on the future well-being of children and young people, are higher among learners from socio-economically disadvantaged households, who received less support with their studies during the pandemic;

| M. | whereas it has been observed that 64 % of young people in the 18-34 age group were at risk of depression in spring 2021 (35) and that suicide is the second leading cause of death among young people (36) as a result of stress, loneliness, isolation, depression, psychological distress, the lack of educational, employment or financial opportunities and the increase in youth unemployment, as well as of uncertainties among young people linked to wider social and life prospects; |
| --- | --- |

M.

whereas it has been observed that 64 % of young people in the 18-34 age group were at risk of depression in spring 2021 (35) and that suicide is the second leading cause of death among young people (36) as a result of stress, loneliness, isolation, depression, psychological distress, the lack of educational, employment or financial opportunities and the increase in youth unemployment, as well as of uncertainties among young people linked to wider social and life prospects;

| N. | whereas significant regional gaps exist across the EU in access to mental health services, while access by patients from socially disadvantaged backgrounds, including children, is further limited by the constraints which exist in some Member States in relation to reimbursements of psychotherapy sessions from public health budgets; whereas there is significant need for a European approach regarding mental health for children and young people, with a particular focus on education and school and youth counselling; |
| --- | --- |

N.

whereas significant regional gaps exist across the EU in access to mental health services, while access by patients from socially disadvantaged backgrounds, including children, is further limited by the constraints which exist in some Member States in relation to reimbursements of psychotherapy sessions from public health budgets; whereas there is significant need for a European approach regarding mental health for children and young people, with a particular focus on education and school and youth counselling;

| O. | whereas the lockdown measures had a particularly negative impact on persons with disabilities or special needs; whereas any measures taken by Member States during exceptional circumstances should always respect their fundamental rights and ensure their equal and non-discriminatory access to health care, social services and education, as well as to youth, cultural and sports activities; |
| --- | --- |

O.

whereas the lockdown measures had a particularly negative impact on persons with disabilities or special needs; whereas any measures taken by Member States during exceptional circumstances should always respect their fundamental rights and ensure their equal and non-discriminatory access to health care, social services and education, as well as to youth, cultural and sports activities;

| P. | whereas gender-related differences have an impact on how children and young people have been affected by the pandemic, with girls and young women suffering more from domestic violence, psychosomatic illnesses and mood disorders (37); whereas the gender pay gap deteriorated further during the pandemic, affecting women’s work-life balance and their financial dependence on their partners, relatives or friends; whereas the successive lockdowns increased the burden on parents and guardians, which exacerbated the risk of parental substance abuse and intra-familial violence affecting the mental health and well-being of the most vulnerable, as well as of children and young people; |
| --- | --- |

P.

whereas gender-related differences have an impact on how children and young people have been affected by the pandemic, with girls and young women suffering more from domestic violence, psychosomatic illnesses and mood disorders (37); whereas the gender pay gap deteriorated further during the pandemic, affecting women’s work-life balance and their financial dependence on their partners, relatives or friends; whereas the successive lockdowns increased the burden on parents and guardians, which exacerbated the risk of parental substance abuse and intra-familial violence affecting the mental health and well-being of the most vulnerable, as well as of children and young people;

| Q. | whereas mental health problems at an early stage of personal development increase the likelihood of mental health issues occurring in adulthood, with far-reaching consequences as regards personal, social and professional development and quality of life; whereas children and young people are going through critical phases of their neurological development and are particularly sensitive to the large-scale use of digital tools for distance learning; whereas this intense digitalisation of education gives rise to questions regarding the impact of technology on learning issues; |
| --- | --- |

Q.

whereas mental health problems at an early stage of personal development increase the likelihood of mental health issues occurring in adulthood, with far-reaching consequences as regards personal, social and professional development and quality of life; whereas children and young people are going through critical phases of their neurological development and are particularly sensitive to the large-scale use of digital tools for distance learning; whereas this intense digitalisation of education gives rise to questions regarding the impact of technology on learning issues;

| R. | whereas closures have reduced the levels of physical fitness in young people to such an extent that currently only one in four 11-year-olds carries out enough physical activity; |
| --- | --- |

R.

whereas closures have reduced the levels of physical fitness in young people to such an extent that currently only one in four 11-year-olds carries out enough physical activity;

| S. | whereas 2022 is the European Year of Youth; |
| --- | --- |

S.

whereas 2022 is the European Year of Youth;

| T. | whereas any EU mental health strategy aimed at children and young people must first and foremost provide them with opportunities to be heard and their input taken into account in the elaboration of inclusive responses; whereas a successful strategy must involve parents, families, friends, youth organisations and youth welfare services, youth workers, cultural institutions and sports clubs, in addition to schools and teachers, by providing them with appropriate training related to how to deal with mental health issues, in order to both establish a holistic approach and ensure that young people from socio-economically disadvantaged backgrounds and marginalised groups are reached; |
| --- | --- |

T.

whereas any EU mental health strategy aimed at children and young people must first and foremost provide them with opportunities to be heard and their input taken into account in the elaboration of inclusive responses; whereas a successful strategy must involve parents, families, friends, youth organisations and youth welfare services, youth workers, cultural institutions and sports clubs, in addition to schools and teachers, by providing them with appropriate training related to how to deal with mental health issues, in order to both establish a holistic approach and ensure that young people from socio-economically disadvantaged backgrounds and marginalised groups are reached;

| U. | whereas scientific data suggests that levels of institutional trust among members of the younger generations have fallen; whereas this is caused by the stress and uncertainty linked to the pandemic itself but also by the limited effectiveness of Member States’ official communication channels in reaching the younger generation, as well as the increase in disinformation and fake news pertaining to the pandemic; whereas special attention needs to be devoted to regaining that trust, which can be achieved through age-appropriate participation, including by offering young people opportunities to take initiatives and decisions shaping the world they live in and promoting youth agency in order to empower young people to seek self-determination and develop resilience; |
| --- | --- |

U.

whereas scientific data suggests that levels of institutional trust among members of the younger generations have fallen; whereas this is caused by the stress and uncertainty linked to the pandemic itself but also by the limited effectiveness of Member States’ official communication channels in reaching the younger generation, as well as the increase in disinformation and fake news pertaining to the pandemic; whereas special attention needs to be devoted to regaining that trust, which can be achieved through age-appropriate participation, including by offering young people opportunities to take initiatives and decisions shaping the world they live in and promoting youth agency in order to empower young people to seek self-determination and develop resilience;

| V. | whereas the pandemic has provided us with an opportunity to address long-standing mental health-related issues that had previously not been addressed in a holistic manner; whereas mental health has been included in the specific objectives of the EU4Health programme, contributing to building a European health union based on stronger, more accessible and resilient health systems standing ready to face up to possible future crises; |
| --- | --- |

V.

whereas the pandemic has provided us with an opportunity to address long-standing mental health-related issues that had previously not been addressed in a holistic manner; whereas mental health has been included in the specific objectives of the EU4Health programme, contributing to building a European health union based on stronger, more accessible and resilient health systems standing ready to face up to possible future crises;

| W. | whereas the war in Ukraine and its devastating human, food, energy and financial consequences, as well as other global threats, can result in uncertainties which are expected to have a further negative impact on the mental health and well-being of children and young people; |
| --- | --- |

W.

whereas the war in Ukraine and its devastating human, food, energy and financial consequences, as well as other global threats, can result in uncertainties which are expected to have a further negative impact on the mental health and well-being of children and young people;

| X. | whereas the war in Ukraine has led to millions of children and young people being displaced and experiencing extensive trauma; |
| --- | --- |

X.

whereas the war in Ukraine has led to millions of children and young people being displaced and experiencing extensive trauma;

| 1. | Draws attention to the role played by schools and early childhood education and care institutions, as well as non-formal and informal learning institutions, in providing young people and their families with the necessary material and psychological support, and calls on the Member States and regions to provide sufficient financial support to mainstream education institutions, in particular through significant investment in public education, and to recruit and retain highly qualified teachers and education personnel, in order to ensure that the pedagogical, psychological, physical, emotional, cognitive and/or social development of young people is increasingly promoted in a satisfactory way; |
| --- | --- |

1.

| 2. | Urges the Member States, in this context, to substantially increase public spending in education and training to above the EU average (5 % of GDP in 2020); underlines, in particular, the role played by teachers, educators and youth workers in contributing to the psychological support and development of children and young people; in this regard, stresses the need to recognise the importance of promoting the mental health literacy of teachers, education personnel, school administrators, social workers and youth workers, as well as of learners; |
| --- | --- |

2.

| 3. | Calls on the Member States and the Commission to break the silence surrounding mental health issues and eliminate the associated discriminative social stigma in a holistic approach; calls, therefore, on the Commission and the Member States to launch an EU-wide campaign to raise awareness of mental health in educational and vocational institutions in order to combat the existing stigma, to provide young people with access to mental health information and to create a clear and broader social understanding of mental health issues; invites the Member States to include psychological first aid and stigma-free mandatory mental health education in curricula, so that learners, teachers, professors, trainers and academic leaders are better prepared to respond to learners and young people who experience mental health issues, thereby ensuring equal promotion of citizens’ mental health and well-being across the EU; calls on the Member States to adapt the content of the curricula, to take all necessary measures to close the cognitive gaps created during distance learning and to prevent the possible increase in school failure and school drop-out; insists that Member States ensure access to inclusive and equitable quality education for every child in Europe; |
| --- | --- |

3.

| 4. | Stresses the importance of countering the phenomenon of under-reporting regarding mental health and well-being, as well as the under-representation of children and young people in mental health scientific research; calls, therefore, on the Commission to conduct research with a complete assessment of the long-term effects of all preventive measures related to the COVID-19 pandemic taken by the Member States on children and young people, in order to mitigate the effects of any future health crisis; |
| --- | --- |

4.

| 5. | Underlines the challenges involved in measuring mental health and well-being, and calls on the Commission and the Member States to develop a common holistic understanding of health and safety that includes overall physical, mental and social well-being, and requires comprehensive prevention and healing strategies, including the development of unbiased indicators to measure mental health and well-being, risk assessment tools and reporting systems, in consultation with teachers, learners, parents and experts and scientists with a relevant specialisation, and the integration of cultural, play and sporting activities, and promoting the development of creative and social skills; |
| --- | --- |

5.

| 6. | Underlines the need to sustainably and rapidly reconstruct and strengthen the structure of European youth work that has been weakened or even destroyed by the pandemic; emphasises that youth work itself needs to be recognised for what it is: a support tool that makes an important contribution to young people’s personal development, well-being and self-realisation; calls, therefore, on the Member States to implement concrete improvements in youth work in order to provide support to those who need it most; |
| --- | --- |

6.

| 7. | Calls for open youth work to be recognised throughout the EU as a central means of socialisation for young people and to consciously and increasingly create free spaces for young people, often for those of the same age, beyond the parental home and places of learning in formal education, which open up opportunities for them to organise themselves and participate in community initiatives; |
| --- | --- |

7.

| 8. | Calls, in this regard, on the Member States to improve and further develop the framework for health and safety in learning environments in order to provide learners, teachers, young people and professionals with the support of a sufficient number of qualified staff members, such as specialist psychologists or other mental health specialists, who can play a vital role not only for the individuals, but also for the overall school climate, in order to create a safe environment for children and young people in all types of education institutions, where learners can seek psychological help in the early stages of mental issues; calls on the Member States to provide special educational needs support staff who can contribute to making classrooms and social spaces a welcoming and attractive place in which to grow, learn, exchange views in an environment of trust, and discuss and overcome differences constructively; highlights the importance of low-threshold, semi-professional psychological support for learners; calls for the establishment of an active European network for exchanging best practices and methods to deal with such challenges; |
| --- | --- |

8.

| 9. | Acknowledges that giving young people a voice in decision-making, so that they can express their needs and participate in their implementation, is key to improving the effectiveness of policies and programmes; calls, therefore, on learning institutions to extend the participation and co-determination rights of students and young people in schools, universities, vocational training, the workplace and social institutions, and to involve young people, especially young women, in research and programme design in order to better understand and respond to their life experiences, priorities and perceptions, so as to ensure their engagement; |
| --- | --- |

9.

| 10. | Urges the Member States to promote cross-sectoral investments to tackle mental disorders among children and young people, and to build up national action plans ensuring their implementation at the regional and local level, accommodating the actual needs of children and young people, with special regard to the most disadvantaged groups; calls on the Commission and the Member States to support the work of youth organisations and the youth work organised in non-governmental organisations themselves more systematically and, above all, given their importance for non-formal and informal learning, also financially, and therefore to make their structures of cross-border exchange and cooperation more crisis-resistant in the long term; |
| --- | --- |

10.

| 11. | Underlines the vital importance of non-virtual interpersonal activities and relationships in daily life among children and young people for their overall well-being, which constitutes the basis of the process of socialisation and accelerates the experience of a sense of belonging, taking into account the important role of socialisation in education; therefore, calls on the Member States to take appropriate health and safety measures to ensure that in the event of future pandemics or other unprecedented situations, all learning environments, whether formal, informal or non-formal in nature, remain safely open; |
| --- | --- |

11.

| 12. | Encourages the Member States, in cases where special measures are absolutely necessary, to consult with health and safety professionals, schools, teachers, youth organisations and youth welfare services, as well as parents, in order to adequately take into account the needs of different age groups, vulnerable groups and young people with specific needs, mobility issues or other disabilities, as well as disadvantaged and marginalised groups, leaving no one behind, and not to apply a one-size-fits-all approach; underlines the importance of ensuring language continuity to enable learners who receive education in regional or minority languages to continue to do so in distance or blended learning settings; calls, as a result, on the Member States to take into account the different characteristics and needs of educational, cultural, youth and sports activities; |
| --- | --- |

12.

| 13. | Highlights the positive role that mentoring played in certain countries during the pandemic in assisting young people in solving issues, thereby promoting their mental health and providing an interpersonal connection that offered a sense of perspective as well as psychological support in times of isolation; invites the Commission to consider supporting and funding such mentoring programmes at European level in order to encourage their development in all Member States; |
| --- | --- |

13.

| 14. | Recognises that the COVID-19 crisis has exacerbated already existing inequalities in education by limiting opportunities for many of the most vulnerable children and young people, including those living in impoverished or in rural areas, girls, refugees and people with disabilities; calls for increased efforts to identify and support children, young people and families disproportionately affected by the pandemic, taking into account the cultural and contextual factors that influence them, in order to identify pre-pandemic gaps in mental health service provision and to better adapt public systems; urges the Member States to consider the impact of COVID-19 through a gender lens and to ensure the continuation of sexual and reproductive education in all circumstances; |
| --- | --- |

14.

| 15. | Calls on the Commission and the Member States to pay special attention to children and young people who are particularly vulnerable, such as LGBTQ+ youth, racialised children and young people, and those with pre-existing mental health needs; |
| --- | --- |

15.

| 16. | Highlights the important role that a healthy and balanced diet plays in the mental health of children and young people; insists, therefore, on the important social support that schools provide, such as balanced daily meals, which some children do not otherwise receive at home; calls on the Member States to implement Child Guarantee Recommendation 4 asking, among other things, for free access to at least one healthy meal each school day; |
| --- | --- |

16.

| 17. | Insists on the need to increase the funding and adequately promote the opportunities offered by programmes such as Erasmus+, Creative Europe and the European Solidarity Corps, to enhance mobility experiences which contribute to the development of useful and necessary social skills for the future personal and professional growth of the younger generations, and increase their accessibility for all; in this context, calls on the Commission and the Member States to promote vocational training and to make the programmes resilient to possible future mobility limitations, as well as to improve the systematic sharing of projects’ outcomes in order to increase their visibility, upscaling and long-term impact; calls on the Commission to increase the funding of these Union programmes in the next revision of the multiannual financial framework; |
| --- | --- |

17.

| 18. | Expresses its concern that the effects of the Recovery and Resilience Facility (RRF) on children and young people might be limited in many cases and may not produce results or structural reforms that would allow children and young people to access quality education or mitigate the negative impact of COVID-related closures of cultural venues and access to cultural creators on young performers in particular, who were denied the opportunity to commence and develop their careers at the crucial early stage; calls on the Commission and the Member States to ensure proper funding and fair contractual and working conditions for all young authors, performers, artists and all other cultural creators, workers and professionals working in the cultural and creative sectors, including on social media, who were adversely affected as a result of the pandemic, to step up their overall efforts to support emerging artists and cultural professionals, to promote youth and social entrepreneurship, and to stipulate this goal in a dedicated section on young artists in a European Status of the Artist; reiterates its recommendation that 10 % of national recovery and resilience plans go to education and 2 % to the cultural and creative sector; calls for an in-depth evaluation by the Commission of the projects and reforms related to education, young people and the cultural and creative sectors implemented by Member States from the RRF, and reiterates the need for more emphasis on these topics within the national reports drafted within the European Semester evaluation; |
| --- | --- |

18.

| 19. | Draws attention to the importance of mobility experiences and the exchange of good practices among teachers, educators, professors, trainers, volunteers and professionals in youth work and youth organisations, cultural creators and sports coaches in broadening their knowledge in youth outreach and strengthening the international and multilingual dimensions, particularly in view of the European Education Area to be achieved by 2025; |
| --- | --- |

19.

| 20. | Calls for a holistic understanding of health that includes overall physical, mental and social well-being and requires comprehensive prevention and healing strategies, including cultural and sporting activities, and promoting the development of creative and social skills; |
| --- | --- |

20.

| 21. | Emphasises the need to promote the design and provision of targeted, intergenerational services that combine the experience of older people with the courage of younger people in a mutually beneficial situation; |
| --- | --- |

21.

| 22. | Underlines the fundamental importance of culture for the development of the individual identity of children and young people, as well as for their education, including their understanding of society, and for their overall well-being; |
| --- | --- |

22.

| 23. | Highlights the urgent need to create an inclusive, creative, dynamic and healthy learning environment from an early age in order to reduce the risk of psychophysical disorders in adulthood; urges the Member States, in this context, to ensure the inclusion and upscaling of all forms of artistic expression, i.e. music, theatre, cinema, documentary, animation, the visual arts, dance and new experimental art forms, in school curricula and as extracurricular artistic and sports activities, thereby stimulating free expression and creativity, and allowing students to participate actively and explore their talents; underlines that art can be an ideal component for interdisciplinary projects and can promote critical thinking and therefore should not be limited to art classes; |
| --- | --- |

23.

| 24. | Urges the Member States and public authorities to develop sports infrastructure and to comprehensively increase the amount of physical education and extracurricular physical activities in schools, including activities addressed to children and young people with disabilities; underlines that sport, like art, can be a strong vehicle of inclusion for children at risk of exclusion; recalls that arts and sports in school curricula may strongly help combat global challenges for youth and education, including learning difficulties and learning disorders, as well as bullying, hate speech and the consumption of psychotropic substances; |
| --- | --- |

24.

| 25. | Calls on the Commission and the Member States to support and adequately fund small local cultural initiatives, sports clubs, leisure facilities, youth organisations and youth welfare institutions to carry out the leisure, non-formal and informal learning activities that play an essential role in the development and well-being of young people and their families, by providing material and psychological support resources, including for young people with fewer opportunities or facing discrimination; underlines the fact that in disadvantaged, rural and remote areas such activities constitute the only opportunity for children and young people to socialise, increase their sense of citizenship and maintain a good level of mental health; |
| --- | --- |

25.

| 26. | Calls for support for grassroots sports and extracurricular activities, as they have suffered disproportionately from the devastating consequences of the COVID-19 pandemic; underlines that amateur sports are the basis for sports at professional level and contribute to both personal development and well-being, as well as to the regional development of rural areas; underlines the importance of keeping open and supporting the recovery of professional sports clubs and sports organisations, as well as supporting athletes; calls on the Commission to support these clubs and organisations adequately, as they play a vital role in the well-being and socialisation of young people; |
| --- | --- |

26.

| 27. | Calls for more coordination at European level between Member States, regional authorities and local representatives of sports teams and clubs, cultural associations, youth and student organisations, educational and university bodies, social partners involved in education, and the private sector in order to strengthen dialogue and cooperation and create a dynamic, multi-level social network that can respond and adapt to future challenges; |
| --- | --- |

27.

| 28. | Calls on the Commission to take action to ensure that the EU as a whole becomes stronger and more self-reliant, leaving no one behind; points out that it must address the wide geographical, gender, social, age and other structural gaps aggravated by the lack of digital infrastructure, connectivity and digital tools across all of the Member States, particularly in rural, remote, island and mountainous areas, as well as in hotspots or other areas that are socio-economically disadvantaged; calls on the Commission to widen the scope and strengthen independent EU and EU-financed not-for-profit educational platforms which comply with EU data privacy standards, such as eTwinning, EPALE, Erasmus+ and the School Education Gateway, so that EU state schools, teachers, trainers and educators can be at the heart of the digital education process without depending on profit-generating platforms; in addition, draws attention to the need to take into account the possible needs of those areas in the event of future pandemics or any other unprecedented situations; |
| --- | --- |

28.

| 29. | Underlines that efforts should be undertaken to generalise digital literacy at all levels of society, enabling the proper use of digital tools and infrastructures; calls, therefore, on the Member States to include digital literacy in the curricula of all learning institutions and to provide the necessary training and equipment for teachers and educators; stresses that particular emphasis should be placed on those who are digitally excluded; draws attention to the difficult situation of learners from families with many children and of parents who are teachers by profession, for whom the obligation to work, teach and learn remotely involves a costly and often unaffordable outlay in order to purchase, from their modest private resources, further equipment in order to meet the requirements of learning and/or working remotely; |
| --- | --- |

29.

| 30. | Underlines that digital technologies harbour substantial potential for teachers, trainers, educators and learners in terms of accessible, open, social and personalised technologies that can bring about more inclusive learning pathways; believes that the smart use of digital technologies, driven by innovative teaching methods and which empower learners, can equip citizens with core competencies for life; points out, however, that a lack of supervision of the digital learning of young people, especially those in disadvantaged and remote environments, can lead to a higher risk of addiction and mental health disorders; |
| --- | --- |

30.

| 31. | Urges the Member States to invest in specific policies, also in the framework of the RRF, that respond to local needs in order (i) to close all existing gaps, including gender, economic, technological and social regional inequalities; (ii) to ensure that educational and vocational training institutions, youth organisations and structures, as well as learners and young people more generally, obtain sufficient financial support, with a special emphasis on the most vulnerable learners who are falling behind and need additional support in order to achieve the expected learning goals, and the schools serving high-poverty and high-minority populations; (iii) to make sure the necessary technologies, innovations, learning support facilities and tools, including digital tools, are in place to consolidate, further develop and deliver quality education and training, as well as informal and non-formal learning opportunities to all; and (iv) to support cultural initiatives bringing children and young people together in the framework of the cultural recovery of local communities; |
| --- | --- |

31.

| 32. | Highlights that pre-existing gender norms and expectations can be important factors adversely affecting mental and physical health, as well as education opportunities; points out that developing the capacities of educators through adequate resources and support is critical in order to better identify and address the gendered repercussions of education, culture and sports closures on the broader health and well-being of children and young people; calls on the Member States to promote resilient, equitable and gender-responsive education systems which ensure that gender-specific needs are met, such as comprehensive sexuality education and gender-based violence prevention and response; |
| --- | --- |

32.

| 33. | Reiterates the importance of investing in innovation and research in education, enabling the state education system to have access to a ‘culture of innovation’ across the EU and to ensure that high-quality learning materials, pedagogical approaches and tools are accessible and available free of charge to all; in this context, draws attention to the need for a financial framework that allows for the reimbursable purchase or rental of appropriate digital tools, including computer equipment and access to an efficient internet network; |
| --- | --- |

33.

| 34. | Highlights the need to speed up the digitalisation of cultural and heritage resources, as well as of audiovisual libraries, and to introduce discount schemes allowing universal access to cultural resources, including for marginalised people and peripheral schools which are unable to purchase subscriptions at concessionary rates; |
| --- | --- |

34.

| 35. | Highlights the need to monitor developments in, and the pedagogical, health and safety consequences of, technological and digital advances through cooperation and dialogue with young people directly, as well as with experts, educators, education social partners, and other representatives of civil society; points out the urgent need to review critically the possible dangers of digital advances and their unpredictable consequences, bearing in mind that their primary purpose is to serve people’s needs; |
| --- | --- |

35.

| 36. | Urges the Member States to promote science and research on young people’s mental health and to assess the long-term impact of closures, particularly of prolonged remote learning, isolation and uncertainty, on knowledge acquisition, neurological development and socio-emotional skills, and to develop targeted measures to support those most affected in order to combat and prevent long-term mental health problems; calls on the Commission and the Member States to systematically collect and compare research findings, experience and knowledge in dealing with mental health issues among young people in the EU; further calls on the Commission to facilitate the exchange of good practices and mutual learning between Member States on these matters; |
| --- | --- |

36.

| 37. | Calls on the Commission to raise awareness among young people of the benefits and risks associated with digital technology, ensuring not only their access to technological tools, but also their ability to use them safely and properly, so that they serve as valuable instruments for socialisation and democracy; |
| --- | --- |

37.

| 38. | Underlines that prolonged periods spent in the digital environment can have far-reaching mental health and safety impacts on children and young people, such as screen fatigue or internet addiction, and also exposure to online violence and harassment, as well as to fake news, which can lead not only to depression, anxiety and social exclusion, but also to suicides among young people; calls on the Commission to promote greater collaborative and systematic prevention efforts aimed at protecting young people from such harm; |
| --- | --- |

38.

| 39. | Calls on the Commission to designate a European Year of Mental Health and to develop a European plan for the protection of mental health in education, vocational training, and informal and non-formal learning; is of the opinion that any such plan should build on the findings of the Working Group of the European Education Area Strategic Framework and provide comprehensive guidelines, propose examples of good practice and create incentives for Member States to put in place dedicated actions and training modules, thereby equipping teachers, trainers, educators, youth workers and employers with the necessary skill set to recognise early signs of burnout, stress and psychological stress in learners, young people and young interns, or young people on vocational training, with a view to activating targeted prevention measures; |
| --- | --- |

39.

| 40. | Believes that the plan should promote free and regular psychological support for teachers, educators and childcare professionals, and should also devote special attention to marginalised and disadvantaged groups and persons with disabilities in order to take their specific needs into account and ensure that they have equal access to all activities and opportunities; underlines that the plan should also encourage the intensification of the links between educational institutions and cultural, youth and sports organisations to provide extracurricular activities rooted in the wider community, with the aim of reinforcing learners’ sense of belonging, promoting young people’s agency and increasing their social commitment; |
| --- | --- |

40.

| 41. | Calls on the Commission and the Member States to follow the recommendations of the Conference on the Future of Europe on minimising the impact of a serious crisis on young people and on their mental health, and also to take into account future generations in all their recommendations and proposals; |
| --- | --- |

41.

| 42. | Calls on the Commission to continue developing mitigating measures with regard to the negative consequences of COVID-19 closures on children and young people throughout 2023, and to make use of this year to propose a robust legacy of the European Year of Youth 2022 for the future; |
| --- | --- |

42.

| 43. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

43.

---

(1)  OJ C 316, 6.8.2021, p. 2.

(2)  OJ C 395, 29.9.2021, p. 101.

(3)  OJ C 465, 17.11.2021, p. 82.

(4)  Texts adopted, P9_TA(2022)0045.

(5)  OJ C 15, 12.1.2022, p. 184.

(6)  OJ L 462, 28.12.2021, p. 1.

(7)  https://ec.europa.eu/social/vocational-skills-week/covid-19-how-can-vet-respond_en

(8)  https://erasmus-plus.ec.europa.eu/sites/default/files/2021-09/coronavirus-mobility-impact-results-may2020_en.pdf

(9)  Study — ‘Education and Youth in post-COVID-19 Europe — crisis effects and policy recommendations’, European Parliament, Directorate-General for Internal Policies, Policy Department B — Structural and Cohesion Policies, 4 May 2021.

(10)  Study — ‘Youth in Europe: Effects of COVID-19 on their economic and social situation’, European Parliament, Directorate-General for Internal Policies, Policy Department A — Economic, Scientific and Quality of Life Policies, 24 September 2021.

(11)  Study — ‘Cultural and creative sectors in post-COVID-19 Europe: Crisis effects and policy recommendations’, European Parliament, Directorate-General for Internal Policies, Policy Department B — Structural and Cohesion Policies, 18 February 2021.

(12)  Diez-Palomar, J., Pulido, C. and Villarejo, B., ‘Distance learning from a student perspective’, NESET Ad hoc report no. 3/2021.

(13)  Sternadel, D., ‘The impact of COVID-19 on student learning outcomes across Europe: the challenges of distance education for all’, NESET Ad hoc report no. 2/2021.

(14)  Koehler, C., Psacharopoulos, G. and Van der Graaf, L., ‘The impact of COVID-19 on the education of disadvantaged children and the socio-economic consequences thereof’, NESET-EENEE report, Publications Office of the European Union, Luxembourg, 2022.

(15)  Di Pietro, G., Biagi, F., Costa, P., Karpiński, Z. and Mazza, J., ‘The likely impact of COVID-19 on education: Reflections based on the existing literature and recent international datasets’, Publications Office of the European Union, Luxembourg, 2020.

(16)  Moxon, D., Bacaiso, C. and Şerban, A., ‘Beyond the pandemic: The impact of COVID-19 on young people in Europe, European Youth Forum, Brussels, 2022.

(17)  https://www.unicef.org/press-releases/impact-covid-19-poor-mental-health-children-and-young-people-tip-iceberg

(18)  Takino, S., Hewlett, E., Nishina, Y. and Prinz, C., ‘Supporting young people’s mental health through the COVID-19 crisis’, OECD Policy Responses to Coronavirus (COVID-19), 2021.

(19)  https://www.youngminds.org.uk/about-us/reports-and-impact/coronavirus-impact-on-young-people-with-mental-health-needs/#main-content

(20)  https://cordis.europa.eu/project/id/779318/results

(21)  https://www.mentalhealth.org.uk/sites/default/files/2022-08/MHF-Scotland-Impacts-of-lockdown.pdf

(22)  https://www.eurofound.europa.eu/publications/report/2021/impact-of-covid-19-on-young-people-in-the-eu

(23)  https://you.wemove.eu/campaigns/responding-to-the-impact-of-covid-19-on-international-youth-work-mobility

(24)  OJ C 224, 8.6.2022, p. 2.

(25)  OJ L 223, 22.6.2021, p. 14.

(26)  OJ C 371, 15.9.2021, p. 6.

(27)  OJ C 385, 22.9.2021, p. 152.

(28)  OJ C 404, 6.10.2021, p. 152.

(29)  OJ C 494, 8.12.2021, p. 2.

(30)  OJ C 184, 5.5.2022, p. 88.

(31)  WHO European Regional Obesity Report 2022.

(32)  https://www.eurofound.europa.eu/publications/report/2020/living-working-and-covid-19

(33)  https://op.europa.eu/webpub/eac/education-and-training-monitor-2021/en/chapters/chapter1.html#ch1-1

(34)  https://www.oecd-ilibrary.org/sites/1e1ecb53-en/1/2/2/index.html?itemId=/content/publication/1e1ecb53-en&_csp_=c628cf9bcf7362d2dc28c912508045f6&itemIGO=oecd&itemContentType=book

(35)  https://www.statista.com/statistics/1287356/risk-of-depression-in-europe-2021-by-age

(36)  UNICEF article ‘The Mental Health Burden Affecting Europe’s Children’ (4 October 2021).

(37)  European Parliament Flash Eurobarometer: Women in times of COVID-19.

---

Wednesday 14 September 2022

| 5.4.2023 | EN | Official Journal of the European Union | C 125/56 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/56

---

P9_TA(2022)0319

The new European Bauhaus

European Parliament resolution of 14 September 2022 on the new European Bauhaus (2021/2255(INI))

(2023/C 125/04)

The European Parliament,

| — | having regard to the UN 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals, in particular Goal 4 on quality education, Goal 11 on sustainable cities and communities, and Goal 13 on climate action, |
| --- | --- |

—

having regard to the UN 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals, in particular Goal 4 on quality education, Goal 11 on sustainable cities and communities, and Goal 13 on climate action,

| — | having regard to the UN Intergovernmental Panel on Climate Change report of 4 April 2022 entitled ‘Climate Change 2022: Mitigation of Climate Change’, |
| --- | --- |

—

having regard to the UN Intergovernmental Panel on Climate Change report of 4 April 2022 entitled ‘Climate Change 2022: Mitigation of Climate Change’,

| — | having regard to the agreement adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (the Paris Agreement), |
| --- | --- |

—

having regard to the agreement adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (the Paris Agreement),

| — | having regard to the Commission communication of 15 September 2021 entitled ‘New European Bauhaus: Beautiful, Sustainable, Together’ (COM(2021)0573), |
| --- | --- |

—

having regard to the Commission communication of 15 September 2021 entitled ‘New European Bauhaus: Beautiful, Sustainable, Together’ (COM(2021)0573),

| — | having regard to the Commission communication of 10 June 2016 entitled ‘A New Skills Agenda for Europe — Working together to strengthen human capital, employability and competitiveness’ (COM(2016)0381), |
| --- | --- |

—

having regard to the Commission communication of 10 June 2016 entitled ‘A New Skills Agenda for Europe — Working together to strengthen human capital, employability and competitiveness’ (COM(2016)0381),

| — | having regard to the Commission communication of 22 May 2018 entitled ‘A New European Agenda for Culture’ (COM(2018)0267), |
| --- | --- |

—

having regard to the Commission communication of 22 May 2018 entitled ‘A New European Agenda for Culture’ (COM(2018)0267),

| — | having regard to the Commission communication of 14 October 2020 entitled ‘A Renovation Wave for Europe — greening our buildings, creating jobs, improving lives’ (COM(2020)0662), |
| --- | --- |

—

having regard to the Commission communication of 14 October 2020 entitled ‘A Renovation Wave for Europe — greening our buildings, creating jobs, improving lives’ (COM(2020)0662),

| — | having regard to the Commission communication of 30 June 2021 entitled ‘A long-term Vision for the EU’s Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040’ (COM(2021)0345), |
| --- | --- |

—

having regard to the Commission communication of 30 June 2021 entitled ‘A long-term Vision for the EU’s Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040’ (COM(2021)0345),

| — | having regard to the Commission communication of 14 July 2021 entitled ‘Fit for 55: delivering the EU’s 2030 Climate Target on the way to climate neutrality’ (COM(2021)0550), |
| --- | --- |

—

having regard to the Commission communication of 14 July 2021 entitled ‘Fit for 55: delivering the EU’s 2030 Climate Target on the way to climate neutrality’ (COM(2021)0550),

| — | having regard to the Commission communication of 8 March 2022 entitled ‘REPowerEU: Joint European Action for more affordable, secure and sustainable energy’ (COM(2022)0108), |
| --- | --- |

—

having regard to the Commission communication of 8 March 2022 entitled ‘REPowerEU: Joint European Action for more affordable, secure and sustainable energy’ (COM(2022)0108),

| — | having regard to the Council conclusions of 30 November 2021 on culture, high-quality architecture and built environment as key elements of the New European Bauhaus initiative (1), |
| --- | --- |

—

having regard to the Council conclusions of 30 November 2021 on culture, high-quality architecture and built environment as key elements of the New European Bauhaus initiative (1),

| — | having regard to the Council conclusions of 15 November 2018 on the Work Plan for Culture (2019-2022) (2), |
| --- | --- |

—

having regard to the Council conclusions of 15 November 2018 on the Work Plan for Culture (2019-2022) (2),

| — | having regard to its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU (3), |
| --- | --- |

—

having regard to its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU (3),

| — | having regard to its resolution of 8 March 2022 on the role of culture, education, media and sport in the fight against racism (4), |
| --- | --- |

—

having regard to its resolution of 8 March 2022 on the role of culture, education, media and sport in the fight against racism (4),

| — | having regard to its resolution of 17 September 2020 on the cultural recovery of Europe (5), |
| --- | --- |

—

having regard to its resolution of 17 September 2020 on the cultural recovery of Europe (5),

| — | having regard to its resolution of 17 September 2020 on maximising the energy efficiency potential of the EU building stock (6), |
| --- | --- |

—

having regard to its resolution of 17 September 2020 on maximising the energy efficiency potential of the EU building stock (6),

| — | having regard to its resolution of 17 December 2020 on the EU strategy on adaptation to climate change (7), |
| --- | --- |

—

having regard to its resolution of 17 December 2020 on the EU strategy on adaptation to climate change (7),

| — | having regard to its resolution of 20 January 2021 on achieving an effective policy legacy for the European Year of Cultural Heritage (8), |
| --- | --- |

—

having regard to its resolution of 20 January 2021 on achieving an effective policy legacy for the European Year of Cultural Heritage (8),

| — | having regard to its resolution of 11 November 2021 on the European Education Area: a shared holistic approach (9), |
| --- | --- |

—

having regard to its resolution of 11 November 2021 on the European Education Area: a shared holistic approach (9),

| — | having regard to its resolution of 25 March 2021 on cohesion policy and regional environment strategies in the fight against climate change (10), |
| --- | --- |

—

having regard to its resolution of 25 March 2021 on cohesion policy and regional environment strategies in the fight against climate change (10),

| — | having regard to Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe — the Framework Programme for Research and Innovation, and laying down its rules for participation and dissemination (11) (the Horizon Europe Regulation), |
| --- | --- |

—

having regard to Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe — the Framework Programme for Research and Innovation, and laying down its rules for participation and dissemination (11) (the Horizon Europe Regulation),

| — | having regard to Regulation (EU) 2021/783 of the European Parliament and of the Council of 29 April 2021 establishing a Programme for the Environment and Climate Action (LIFE) (12), |
| --- | --- |

—

having regard to Regulation (EU) 2021/783 of the European Parliament and of the Council of 29 April 2021 establishing a Programme for the Environment and Climate Action (LIFE) (12),

| — | having regard to Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (13), |
| --- | --- |

—

having regard to Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (13),

| — | having regard to Regulation (EU) 2021/690 of the European Parliament and of the Council of 28 April 2021 establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme) (14), |
| --- | --- |

—

having regard to Regulation (EU) 2021/690 of the European Parliament and of the Council of 28 April 2021 establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme) (14),

| — | having regard to Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme (15), |
| --- | --- |

—

having regard to Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme (15),

| — | having regard to Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport (16), |
| --- | --- |

—

having regard to Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport (16),

| — | having regard to Regulation (EU) 2021/818 of the European Parliament and of the Council of 20 May 2021 establishing the Creative Europe Programme (2021 to 2027) (17), |
| --- | --- |

—

having regard to Regulation (EU) 2021/818 of the European Parliament and of the Council of 20 May 2021 establishing the Creative Europe Programme (2021 to 2027) (17),

| — | having regard to Regulation (EU) 2021/888 of the European Parliament and of the Council of 20 May 2021 establishing the European Solidarity Corps Programme (18), |
| --- | --- |

—

having regard to Regulation (EU) 2021/888 of the European Parliament and of the Council of 20 May 2021 establishing the European Solidarity Corps Programme (18),

| — | having regard to the ‘New Leipzig Charter — The transformative power of cities for the common good’ adopted at the informal ministerial meeting on urban matters on 30 November 2020, |
| --- | --- |

—

having regard to the ‘New Leipzig Charter — The transformative power of cities for the common good’ adopted at the informal ministerial meeting on urban matters on 30 November 2020,

| — | having regard to the report by the Open Method of Coordination Working Group of Member States’ Experts of 6 October 2021 entitled ‘Towards a Shared Culture of Architecture: investing in a high-quality living environment for everyone’, |
| --- | --- |

—

having regard to the report by the Open Method of Coordination Working Group of Member States’ Experts of 6 October 2021 entitled ‘Towards a Shared Culture of Architecture: investing in a high-quality living environment for everyone’,

| — | having regard to the Davos Declaration adopted by the Conference of Ministers of Culture on 22 January 2018 entitled ‘Towards a high-quality Baukultur for Europe’, and to the Davos Baukultur Quality System ‘Eight criteria for a high-quality Baukultur’ developed thereafter, |
| --- | --- |

—

having regard to the Davos Declaration adopted by the Conference of Ministers of Culture on 22 January 2018 entitled ‘Towards a high-quality Baukultur for Europe’, and to the Davos Baukultur Quality System ‘Eight criteria for a high-quality Baukultur’ developed thereafter,

| — | having regard to the ‘Building Better, Building Beautiful’ Commission of the Government of the United Kingdom’s final report of 30 January 2020 entitled ‘Living with Beauty’, |
| --- | --- |

—

having regard to the ‘Building Better, Building Beautiful’ Commission of the Government of the United Kingdom’s final report of 30 January 2020 entitled ‘Living with Beauty’,

| — | having regard to Article 167 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 167 of the Treaty on the Functioning of the European Union,

| — | having regard to the EU Charter of Fundamental Rights, in particular Article 17 on the right to property, Article 18 on the right to asylum, Article 19 on protection in the event of removal, expulsion or extradition, Article 26 on the integration of persons with disabilities, Article 34 on social security and social assistance, Article 36 on access to services of general economic interest and Article 37 on environmental protection, |
| --- | --- |

—

having regard to the EU Charter of Fundamental Rights, in particular Article 17 on the right to property, Article 18 on the right to asylum, Article 19 on protection in the event of removal, expulsion or extradition, Article 26 on the integration of persons with disabilities, Article 34 on social security and social assistance, Article 36 on access to services of general economic interest and Article 37 on environmental protection,

| — | having regard to the European Pillar of Social Rights, in particular Chapter III on social protection and inclusion, Principle 19 on housing and assistance for the homeless and Principle 20 on access to essential services, |
| --- | --- |

—

having regard to the European Pillar of Social Rights, in particular Chapter III on social protection and inclusion, Principle 19 on housing and assistance for the homeless and Principle 20 on access to essential services,

| — | having regard to the work carried out on the New European Bauhaus (NEB) by the Commission’s Joint Research Centre, |
| --- | --- |

—

having regard to the work carried out on the New European Bauhaus (NEB) by the Commission’s Joint Research Centre,

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Regional Development, the Committee on Budgets and the Committee on Employment and Social Affairs, |
| --- | --- |

—

having regard to the opinions of the Committee on Regional Development, the Committee on Budgets and the Committee on Employment and Social Affairs,

| — | having regard to the joint report of the Committee on Industry, Research and Energy and the Committee on Culture and Education (A9-0213/2022), |
| --- | --- |

—

having regard to the joint report of the Committee on Industry, Research and Energy and the Committee on Culture and Education (A9-0213/2022),

| A. | whereas Europe finds itself in a moment of ecological, digital and social transition, which is being accelerated by the economic and social impact of COVID-19; whereas Europe’s geopolitical situation is changing as a result of the Russian aggression against Ukraine; whereas populism, extremism and anti-European sentiment are on the rise; |
| --- | --- |

A.

whereas Europe finds itself in a moment of ecological, digital and social transition, which is being accelerated by the economic and social impact of COVID-19; whereas Europe’s geopolitical situation is changing as a result of the Russian aggression against Ukraine; whereas populism, extremism and anti-European sentiment are on the rise;

| B. | whereas the EU has been responding to the challenges of environmental degradation, climate change and the increasing scarcity of natural resources, which require far-reaching and ambitious political action to implement the European Green Deal, which is driving the quest for renewal and innovation within planetary boundaries; whereas, as the ‘soul’ of the European Green Deal, the NEB aims to address Europe’s spatial and environmental needs in a transdisciplinary, sustainable, inclusive and aesthetic way; |
| --- | --- |

B.

whereas the EU has been responding to the challenges of environmental degradation, climate change and the increasing scarcity of natural resources, which require far-reaching and ambitious political action to implement the European Green Deal, which is driving the quest for renewal and innovation within planetary boundaries; whereas, as the ‘soul’ of the European Green Deal, the NEB aims to address Europe’s spatial and environmental needs in a transdisciplinary, sustainable, inclusive and aesthetic way;

| C. | whereas the transition to a climate-neutral economy by 2050 represents a great opportunity as well as a challenge for the Union, its Member States and businesses from every sector; whereas the NEB needs to reinterpret the original Bauhaus in the light of the climate crisis, war, the pandemic and natural disasters, which are increasing social inequalities; |
| --- | --- |

C.

whereas the transition to a climate-neutral economy by 2050 represents a great opportunity as well as a challenge for the Union, its Member States and businesses from every sector; whereas the NEB needs to reinterpret the original Bauhaus in the light of the climate crisis, war, the pandemic and natural disasters, which are increasing social inequalities;

| D. | whereas culture and the freedom of the arts contribute significantly to the vibrancy of a society, enabling us to live better together, to build democratic, inclusive and free societies and to regain a sense of shared identity and belonging; whereas everyone should have the right to access and participate in culture; whereas culture is also essential to the exploration of the complex challenges of society and cultural venues are essential places for freedom of expression and debate; |
| --- | --- |

D.

whereas culture and the freedom of the arts contribute significantly to the vibrancy of a society, enabling us to live better together, to build democratic, inclusive and free societies and to regain a sense of shared identity and belonging; whereas everyone should have the right to access and participate in culture; whereas culture is also essential to the exploration of the complex challenges of society and cultural venues are essential places for freedom of expression and debate;

| E. | whereas culture is a strategic sector for the EU which helps to bolster its economy through its significant contribution to GDP and employment, and its indirect contribution to other sectors and industries; whereas the cultural and creative sectors and industries (CCSI) have been one of the areas hardest hit by the pandemic, are recovering more slowly than the rest of the EU economy and therefore should be further promoted and supported; whereas the NEB can enable further investment in the sector and engage different actors in its implementation on the ground; |
| --- | --- |

E.

whereas culture is a strategic sector for the EU which helps to bolster its economy through its significant contribution to GDP and employment, and its indirect contribution to other sectors and industries; whereas the cultural and creative sectors and industries (CCSI) have been one of the areas hardest hit by the pandemic, are recovering more slowly than the rest of the EU economy and therefore should be further promoted and supported; whereas the NEB can enable further investment in the sector and engage different actors in its implementation on the ground;

| F. | whereas architecture, urban and territorial planning, mobility, design, the arts, sociology and engineering are complementary and instrumental for building an inclusive, sustainable and beautiful society; whereas these sectors, which play a key role in promoting research and innovation for sustainable development, a sustainable building culture and innovative, space-efficient solutions in line with our green and digital transition, have been disrupted by the COVID-19 crisis; |
| --- | --- |

F.

whereas architecture, urban and territorial planning, mobility, design, the arts, sociology and engineering are complementary and instrumental for building an inclusive, sustainable and beautiful society; whereas these sectors, which play a key role in promoting research and innovation for sustainable development, a sustainable building culture and innovative, space-efficient solutions in line with our green and digital transition, have been disrupted by the COVID-19 crisis;

| G. | whereas there is an urgent need to develop more sustainable economic models in the construction and energy sectors, which both enable the circular economy and will help combat energy poverty and achieve the Union’s climate goals; |
| --- | --- |

G.

whereas there is an urgent need to develop more sustainable economic models in the construction and energy sectors, which both enable the circular economy and will help combat energy poverty and achieve the Union’s climate goals;

| H. | whereas buildings are responsible for 40 % of the EU’s energy consumption and 36 % of its greenhouse gas emissions from energy (19); |
| --- | --- |

H.

whereas buildings are responsible for 40 % of the EU’s energy consumption and 36 % of its greenhouse gas emissions from energy (19);

| I. | whereas the Renovation Wave strategy aims to double the rate of building renovation in Europe, aiming at the renovation of more than 35 million buildings and the creation of up to 160 000 jobs in the construction sector; |
| --- | --- |

I.

whereas the Renovation Wave strategy aims to double the rate of building renovation in Europe, aiming at the renovation of more than 35 million buildings and the creation of up to 160 000 jobs in the construction sector;

| J. | whereas access to housing is a fundamental right; whereas homelessness and the lack of access to quality, affordable housing constitute a crisis in parts of the EU; |
| --- | --- |

J.

whereas access to housing is a fundamental right; whereas homelessness and the lack of access to quality, affordable housing constitute a crisis in parts of the EU;

| K. | whereas cities are places of pluralism, creativity and solidarity; whereas poor planning and design in the public realm and the growth of urban sprawl have resulted in the loss of building quality across Europe; whereas the NEB has the potential to explore opportunities to utilise the limited space in cities in a sustainable, aesthetic and inclusive way, to better connect urban and rural areas, and to ensure the participation of inhabitants in spatial planning and help them reclaim the city as a space created for interaction and cultural activities; |
| --- | --- |

K.

whereas cities are places of pluralism, creativity and solidarity; whereas poor planning and design in the public realm and the growth of urban sprawl have resulted in the loss of building quality across Europe; whereas the NEB has the potential to explore opportunities to utilise the limited space in cities in a sustainable, aesthetic and inclusive way, to better connect urban and rural areas, and to ensure the participation of inhabitants in spatial planning and help them reclaim the city as a space created for interaction and cultural activities;

| L. | whereas building a better future starts with quality education and training, including environmental education, vocational training and lifelong learning, inter alia through online learning opportunities that should be accessible to everyone, as well as upskilling and reskilling; whereas access to quality education is a fundamental right; whereas education and culture are vital for personal development and play a crucial role in the democratic and civic participation of citizens; whereas a high-quality built environment requires training skilled professionals, craftspeople and cultural workers; whereas achieving the Union’s strategic autonomy depends on its ability to excel in education, research and innovation; |
| --- | --- |

L.

whereas building a better future starts with quality education and training, including environmental education, vocational training and lifelong learning, inter alia through online learning opportunities that should be accessible to everyone, as well as upskilling and reskilling; whereas access to quality education is a fundamental right; whereas education and culture are vital for personal development and play a crucial role in the democratic and civic participation of citizens; whereas a high-quality built environment requires training skilled professionals, craftspeople and cultural workers; whereas achieving the Union’s strategic autonomy depends on its ability to excel in education, research and innovation;

| M. | whereas cultural heritage, which reflects the values of a community, is increasingly impacted by climate change and environmental degradation and faced with other challenges such as underinvestment, bad planning and poorly managed tourist flows; whereas the NEB can contribute to preserving, restoring, adapting and protecting it for the future; whereas professionals in the building sector must contribute to the common good by respecting cultural heritage; |
| --- | --- |

M.

whereas cultural heritage, which reflects the values of a community, is increasingly impacted by climate change and environmental degradation and faced with other challenges such as underinvestment, bad planning and poorly managed tourist flows; whereas the NEB can contribute to preserving, restoring, adapting and protecting it for the future; whereas professionals in the building sector must contribute to the common good by respecting cultural heritage;

| N. | whereas NEB projects require both a supportive regulatory framework, complying with sectoral EU legislation and sustainable public procurement practices; |
| --- | --- |

N.

whereas NEB projects require both a supportive regulatory framework, complying with sectoral EU legislation and sustainable public procurement practices;

| O. | whereas Russia’s war actions are deliberately targeting public infrastructure, housing stock, cultural heritage and other civilian infrastructure in Ukraine; |
| --- | --- |

O.

whereas Russia’s war actions are deliberately targeting public infrastructure, housing stock, cultural heritage and other civilian infrastructure in Ukraine;

Main objectives

| 1. | Recalls that the historic Bauhaus movement created a paradigm shift in design, architecture and the arts, with important legacies such as the optimisation of the form-function relationship, with the goal of democratising culture, which delivered radical rethinking and innovation and reflected true cultural and social changes in a progressive artistic and educational context in the aftermath of the First World War, while delivering real life benefits to people; notes that, in the same way, the New European Bauhaus can positively impact our daily lives by creating real changes on the ground and contributing to a just transition; |
| --- | --- |

1.

| 2. | Welcomes the NEB initiative, which aspires to create a pan-European cultural movement that will contribute to a smarter, more sustainable, inclusive and enjoyable living environment and foster local and global knowledge; emphasises that it must primarily focus on improving the quality of people’s lives by creating healthy and affordable living spaces, rethinking the status quo and transforming the spaces, buildings, cities and territories in which they live, including in less developed, suburban, rural, remote or cross-border areas and regions, in line with the Urban Agenda for the EU and building on the successful work carried out by URBACT, while improving coexistence and public space for social and territorial cohesion and democratic life, addressing the spatial segregation and historical exclusion of social groups and protecting the environment during the planning and construction of buildings and surrounding spaces; |
| --- | --- |

2.

| 3. | Recognises the NEB as a creative and inter- and transdisciplinary initiative which brings together architecture, design, the arts and science at the forefront of EU policies for the first time, while aiming to contribute to other Union programmes and initiatives, including its digital and green transitions, making the European Green Deal a tangible, positive and inclusive experience for all and giving it a creative and cultural dimension, thereby launching the next wave of innovation; underlines that the NEB also needs to protect citizens against natural and climate-related disasters by including a safety component in its objectives; notes that this will stimulate new ways of building and the use of innovative, high-quality, sustainable and resilient building materials, including post-disaster restoration; |
| --- | --- |

3.

| 4. | Reaffirms that the NEB has the potential to reshape the way policies are conceived, including by engaging with communities, to nurture policies and legislative developments which have an impact on the built environment and the well-being of the workforce, and to define the environment of the future by meeting the need for spaces that are accessible and adapted to new and changing ways of life, such as spaces for non-traditional household configurations, multigenerational housing, flexible co-working spaces, child-friendly urban environments and safer spaces for women and vulnerable people; insists that the NEB must display a level of ambition in line with the Union’s climate commitments and create guidelines for the Member States, including local and regional authorities, for its implementation; |
| --- | --- |

4.

| 5. | Emphasises that, in order to be successful, the NEB must be accessible, transparent, affordable, socially and geographically fair and inclusive and must actively involve EU citizens, community-based organisations and local residents, ensuring social and territorial diversity and supporting all scales of projects, in a bottom-up way — from project design to roll-out and evaluation — while taking active steps to prevent any elitist approaches or adverse effects of gentrification and enhancing citizens’ consultations and participation; highlights the need to engage young people in the initiative, especially young architects, artists and workers in the CCSI; |
| --- | --- |

5.

| 6. | Highlights the importance of ensuring accessibility for people with disabilities or reduced mobility, special needs and disadvantaged groups, by making public services, cultural, social and economic life accessible to all; highlights in this regard the importance of good design; insists that resources must also target excluded, marginalised and disadvantaged communities; |
| --- | --- |

6.

| 7. | Considers that this innovative cultural movement has the potential to position Europe as a global frontrunner in the area of sustainable architecture, territorial and spatial planning, design, culture, sustainable mobility and logistics, technology, the circular economy, energy efficiency and renewable energies by promoting ways of living, working and engaging in recreational activities better together, which can also be applied beyond the EU; believes that social and technological innovation must be adequately supported, including through public and private investment in research and development; |
| --- | --- |

7.

| 8. | Calls on the Commission to further broaden the reach of the NEB by involving associated and partner countries outside the EU to take part in the initiative, including by means of a permanent dialogue on the NEB; acknowledges that the NEB has the potential to contribute to the post-war restoration of cities, societies and the economy, in particular in the context of the ongoing war in Ukraine and with the involvement of the Ukrainian CCSI and its professionals; |
| --- | --- |

8.

Funding and governance

| 9. | Stresses that during the first years of its existence, the NEB has not been able to reach all EU countries and interested parties within them; urges the Commission and the Member States to raise awareness about this initiative and to improve the coordination between all levels of governance, which should have timely and equitable access to information, opportunities and funding; encourages the Commission to hold regular meetings with the Member States and partner countries, and to set up focal points in the Member States to facilitate the implementation of the NEB and access to funding; highlights the importance of adequate resources at EU and national level to support NEB implementation on the ground and tailored funding models and procedures, and to minimise the administrative burden; |
| --- | --- |

9.

| 10. | Encourages the Member States to implement the NEB in their national policies; underlines that the NEB can help address the significant disparities between Member States in terms of their ability to achieve NEB objectives, thereby contributing to a level playing field; encourages all public authorities, including Union institutions, to incorporate NEB principles into the management of their own built environment and public procurement procedures; |
| --- | --- |

10.

| 11. | Calls on the Commission to create an integrated, non-discriminatory, transparent, accountable and territorially structured model of governance for the NEB, including public involvement and ownership, through appropriate territorial planning and based on an overarching governance framework; |
| --- | --- |

11.

| 12. | Requests that the Commission provide timely information on how to participate in the NEB, including through technical assistance for interested stakeholders and best practices and that it clarify the general criteria for the selection and evaluation of NEB projects and initiatives and for the allocation of funds, in particular:






  — | supporting the implementation of key policies (e.g. the Green Deal, environmental, industrial, social and cultural policies), |
| --- | --- | --- |

12.

—

supporting the implementation of key policies (e.g. the Green Deal, environmental, industrial, social and cultural policies),

| — | following the NEB guiding principles of sustainability, inclusiveness and aesthetics, and taking inspiration from the Davos Baukultur Quality System, |
| --- | --- |

—

following the NEB guiding principles of sustainability, inclusiveness and aesthetics, and taking inspiration from the Davos Baukultur Quality System,

| — | creating new jobs with quality working conditions and business opportunities, which add economic value and improve European competitiveness, in line with sustainable finance principles, with a particular focus on streamlining procedures to apply for the NEB label and EU funding, and on enhancing the viability of small and medium-sized enterprises (SMEs), and contributing to the circularity and sustainability of the European economy, |
| --- | --- |

—

creating new jobs with quality working conditions and business opportunities, which add economic value and improve European competitiveness, in line with sustainable finance principles, with a particular focus on streamlining procedures to apply for the NEB label and EU funding, and on enhancing the viability of small and medium-sized enterprises (SMEs), and contributing to the circularity and sustainability of the European economy,

| — | promoting accessibility by applying specific project criteria, as well as affordability, inclusiveness, gender mainstreaming, diversity, pluralism, safety and the development of civil social capital, |
| --- | --- |

—

promoting accessibility by applying specific project criteria, as well as affordability, inclusiveness, gender mainstreaming, diversity, pluralism, safety and the development of civil social capital,

| — | promoting the participation and connection of all stakeholders, including local and regional governments, civil society and community-led organisations, interested individuals, professionals and their representative organisations, |
| --- | --- |

—

promoting the participation and connection of all stakeholders, including local and regional governments, civil society and community-led organisations, interested individuals, professionals and their representative organisations,

| — | involving the CCSI, including cultural creators, |
| --- | --- |

—

involving the CCSI, including cultural creators,

| — | ensuring alignment of the NEB with the UN Sustainable Development Goals, following the indicators of the 2030 Agenda, the Union’s commitment under the Paris Agreement, the EU’s climate, environmental, biodiversity and energy policies, the European Pillar of Social Rights and core European values; |
| --- | --- |

—

ensuring alignment of the NEB with the UN Sustainable Development Goals, following the indicators of the 2030 Agenda, the Union’s commitment under the Paris Agreement, the EU’s climate, environmental, biodiversity and energy policies, the European Pillar of Social Rights and core European values;

| 13. | Calls on the Commission to make the principles of the NEB an integral part of all relevant future legislation, while at the same time highlighting the need to synchronise the NEB with existing Union legislation, programmes and initiatives, and ensuring that the existing regulatory framework, such as the Energy Performance of Buildings Directive and the Energy Efficiency Directive, supports NEB ambitions and implementation; |
| --- | --- |

13.

| 14. | Calls, in addition, for specific criteria to be developed for the relevant sectors, in particular construction and architecture, energy, mobility, design, technology, tourism, education and skills, crafts, culture and the arts, and cultural heritage, in close cooperation with stakeholders in these sectors, taking into account sector-specific certifications and standards, and for actions to promote synergies between these sectors; recalls that it is crucial to take into account geographical balance in order to allow the NEB to spread equally around the EU and beyond; emphasises, furthermore, that projects do not have to be cross-national to be awarded the NEB label; |
| --- | --- |

14.

| 15. | Regrets the lack of clarity on funding for the NEB from 2023 onwards; calls for the Horizon Europe Regulation to be amended during the mid-term revision of the current multiannual financial framework (MFF) in order to create an NEB mission funded with EUR 500 million; underlines that the programme should also be supported by other relevant programmes in order to generate additional impact and that existing Union programmes can help achieve NEB objectives; calls on the Commission to ensure that the NEB complements other EU policies, including cohesion policy, and to include support for the NEB in partnership agreements and programmes, supported by the EU’s structural and cohesion policies; |
| --- | --- |

15.

| 16. | Calls on the Commission to table a proposal as soon as possible to make the NEB a new stand-alone EU programme by the next MFF, whereby concrete ideas and objectives should be accompanied by adequate funding; acknowledges the efforts made by the Commission to launch the first calls for projects by taking money from existing programmes, but considers that their impact is not proportionate to the level of ambition of the project; insists that this will require fresh resources with a dedicated and stable budget line; underlines that this new programme must neither reduce funding for other underfunded programmes, in particular Creative Europe, Erasmus+ and the European Solidarity Corps, notwithstanding the links and synergies it may create with them, nor divert focus from their agreed political priorities; underlines that NEB resources should notably be dedicated to research and innovation; |
| --- | --- |

16.

| 17. | Calls on the Commission to develop a clear plan for attracting public and ethical private investment, including crowdfunding, with a focus on promoting female leadership in venture capital and start-ups; encourages the Member States, subject to their fiscal scope, to allocate adequate funding in line with NEB principles through their recovery and resilience plans and the European structural and investment funds to projects in line with NEB principles and objectives, in order to stimulate sustainable development and covering partnerships involving public and private entities; notes that this will create tangible results on the ground; underlines that the NEB should also contribute to the creation of spaces and buildings that facilitate entrepreneurship; |
| --- | --- |

17.

| 18. | Expresses the need to go beyond the phases of co-design, delivery and dissemination, ensuring that creative thinking continues throughout all phases; calls on the Commission to set up a transparent and evidence-based monitoring and evaluation mechanism that includes all relevant stakeholders, which should continuously review all NEB activities at EU and national level, including their societal and climate impact, their impact on the development of regions and their actual value creation over time, and report regularly to Parliament and the Council; expects to receive the first monitoring report in 2022; |
| --- | --- |

18.

Development and focus areas

| 19. | Believes that the NEB movement should promote more sustainable, socially inclusive and innovative ways of living based on new, holistic models of planning, constructing and inhabiting our built environment, with the meaningful involvement of residents in decision-making processes, in order to suit emerging needs and shifting consumption and mobility patterns, and to help to ensure decent, quality and affordable housing for all, in particular for vulnerable groups, including by combating housing exclusion and homelessness; |
| --- | --- |

19.

| 20. | Considers the NEB an opportunity to envision a well-designed green regeneration of public spaces with the aim of achieving decarbonisation objectives, to retrofit and repurpose obsolete buildings, to transform old industrial areas into new green urban and public spaces, and to build the relevant infrastructure to facilitate physical activity, knowledge and cultural exchanges; |
| --- | --- |

20.

| 21. | Calls for the NEB to promote 15-minute cities in order to make all essential services and amenities accessible to citizens within walking distance and to provide innovative solutions for the development of sustainable urban areas, including sustainable mobility solutions; highlights that the NEB needs to showcase affordable, socially inclusive and energy efficient buildings, and contribute to a modal shift towards public and collective transport and less polluting means of transport; |
| --- | --- |

21.

| 22. | Stresses the importance of transforming, upgrading and retrofitting the existing building stock, including poorly planned and constructed buildings erected by totalitarian regimes, of applying nature-based solutions such as wood and of reducing waste and increasing durability, re-usability and circularity in the built environment; insists that this should include favouring renovation and adaptive re-use over demolition and new builds, as appropriate, removing barriers related to the handling and transport of waste as well as raising people’s awareness about embodied and stored carbon in materials to enable them to make informed choices; |
| --- | --- |

22.

| 23. | Underlines that the NEB should also support initiatives for the construction and renovation of affordable, high-quality and energy-efficient social housing; |
| --- | --- |

23.

| 24. | Calls on the Member States to draw up innovative educational curricula in line with NEB principles and objectives for cultural education and the development of spatial, creative, orientation and drawing skills, and to integrate key NEB principles and green and digital skills within informal, non-formal and higher education, vocational training and lifelong learning, including by up- and reskilling relevant professionals, which will also help to deliver the European Skills Agenda; stresses the importance of raising awareness through education about respecting the environment and cultural heritage, in consultation with the Education for Climate Coalition; calls for the EU to promote such endeavours; calls on the Commission to make mobility opportunities an integral part of the NEB, especially for vocational education and training and university students from related disciplines and skilled professionals within the CCSI; |
| --- | --- |

24.

| 25. | Urges the Member States and the Commission to integrate all aspects of the knowledge triangle — innovation, research and education — by promoting partnerships between higher education institutes, including through the European University Alliances, research organisations, including architectural and cultural research centres, and industry, including relevant micro enterprises and SMEs, social enterprises and start-ups, in close cooperation with the European Institute of Innovation and Technology (EIT) and the Joint Research Centre; believes that the EIT’s Knowledge and Innovation Community on the CCSI should put its expertise at the disposal of NEB objectives, especially in Member States and regions where innovation capacity is moderate; |
| --- | --- |

25.

| 26. | Highlights that the NEB could support energy security and efficiency by encouraging investment and incentivising low-energy, zero-emission and low-carbon materials and solutions, including through cooperative and community-owned models for renewable energy production and projects utilising waste heat and integrated energy systems; |
| --- | --- |

26.

| 27. | Points to the pressing issue of rising energy prices and the resulting increase in energy poverty among EU households; underlines that NEB projects have a pivotal role in fighting energy poverty and protecting vulnerable households through innovative solutions for the building, construction, industrial and materials sectors, considering this a precondition for achieving a just and fair energy transition; |
| --- | --- |

27.

| 28. | Underlines that the NEB could facilitate the digital transition by improving connectivity to mitigate the digital divide, achieve more efficient, inclusive, accessible and eco-sustainable solutions, and enhance the use of local resources and skills; |
| --- | --- |

28.

| 29. | Recognises the NEB as a catalyst for bringing about transformative changes in the creative, construction and business ecosystems and a new understanding and quality in planning, designing and building, including by applying digital technologies throughout the whole building life cycle, building capacity for creating innovative models and digital technologies for urban planning by, among other things, fostering cross-border cooperation in data exchange and encompassing the principles of circularity and resource efficiency in moving towards carbon neutrality; |
| --- | --- |

29.

| 30. | Calls for the NEB to create incentives to encourage the use of sustainable and durable technologies and materials, promoting smart energy and environmental solutions and innovation in materials, processes, automation and techniques in a renewable, recyclable and cost-efficient manner that lowers greenhouse emissions, such as prefabricated elements with sustainable materials, photovoltaic or charging infrastructure, bio- and geo-sourced materials, and locally tested building techniques; in this context, stresses the importance of facilitating the supplies necessary for the production of such construction materials, including raw materials, while guaranteeing a level playing field by avoiding market distortion; |
| --- | --- |

30.

| 31. | Acknowledges that the cultural aspect of the NEB is critical to its social and democratic dimension; at the same time, calls on the Commission to define and develop a NEB evidence-based design methodology to ensure that the processes of transforming spaces, buildings, cities and territories are based on scientific research to achieve the best possible outcomes; |
| --- | --- |

31.

| 32. | Welcomes the innovative, integrated approach advocated by the NEB through the efficient use of space, the preservation, restoration, valorisation, promotion and re-use of historical, cultural and natural heritage; calls on the Commission and the Member States to use the NEB as an opportunity to better protect Europe’s rich cultural heritage from the impact of environmental degradation, poorly managed tourism and other challenges; underlines that through smart renovation, including energy efficiency improvements, transformation and adaptive re-use, cultural and heritage sites can find new and extended uses; acknowledges digitalisation as a means of valorising cultural heritage; |
| --- | --- |

32.

Implementation

| 33. | Calls on the Commission and the Member States to connect the NEB to the Renovation Wave, taking advantage of the innovative solutions that the project offers in the comprehensive, holistic, quality and cost-optimal renovation of our building stock; underlines that this should be based on a careful building life cycle analysis and mindful of the site-specific context, including local aesthetic and architectural characteristics, going beyond energy efficiency to include improvements of quality of the indoor environment, renewable energy, durability, accessibility, safety and the eradication of harmful substances; urges the Commission and the Member States to take action to rapidly upscale the rate of renovation, inter alia by avoiding additional barriers that hamper renovation; |
| --- | --- |

33.

| 34. | Believes that the environmental and social impacts of all NEB projects should be assessed throughout their life cycle; |
| --- | --- |

34.

| 35. | Calls on the Commission to further integrate Level(s), the newly established framework for sustainable buildings, to improve sustainability within the sector; underlines the need to optimise the framework to make it more accessible for professionals in the building sector; insists that the framework be updated continuously to include new findings and conclusions from NEB projects; |
| --- | --- |

35.

| 36. | Supports the creation of an NEB label, in partnership with relevant stakeholders, based on clear criteria applied in a comprehensive, holistic and inclusive way, assessing the sustainability-related, economic, environmental and social value of a project and promoting synergies with existing labels and tools, in order to recognise projects and products for achieving key NEB goals and help them get access to funding; calls on the Commission to ensure that EU funding schemes create incentives to apply for the label, including for citizen and community-led projects; calls for market uptake of the label to be explored; underlines that NEB projects in the building sector should be based on a careful building life cycle analysis and life cycle cost analysis; |
| --- | --- |

36.

| 37. | Invites the Commission and the Member States to encourage the direct involvement of local and regional authorities in the design and implementation of projects, including by developing detailed application guidelines and building their capacity to implement the NEB; urges regional and local authorities to investigate how local cultural institutions can benefit from implementing NEB principles, in particular for mitigating their climate footprint; |
| --- | --- |

37.

| 38. | Emphasises, in this regard, that the preparatory action on the ‘New European Bauhaus Knowledge Management Platform’ in the 2022 budget can help streamline guidance and share information on funding opportunities for prospective applicants and can be further expanded from 2023; |
| --- | --- |

38.

| 39. | Emphasises the importance of more flexibility for local and regional authorities to experiment with NEB projects and underlines the potential of allowing regulatory ‘sandboxing’ to boost innovation within the circular economy and the NEB; |
| --- | --- |

39.

| 40. | Believes that the NEB should be part of a broader Cultural Deal for Europe; highlights that the NEB should embrace and promote the untapped potential of the CCSI, including cultural creators, as drivers of sustainable economic growth and a source for innovative, high-quality services and products, by guaranteeing the involvement of the CCSI, supported by targeted guidelines and opening up new opportunities for collaboration, mutual learning, capacity building and cultural exchange, while ensuring fair working conditions and the fair remuneration of those involved; emphasises that the environmental sustainability of cultural events linked to the NEB should be promoted; |
| --- | --- |

40.

| 41. | Calls on the Commission to allow Parliament to be more closely involved in the relevant NEB bodies such as the high-level roundtable; |
| --- | --- |

41.

| 42. | Calls for the future NEB Lab to contribute to research and innovation within the focus areas of the NEB; highlights the need for the NEB Lab to make innovative recommendations, to collaborate with other institutions, national, regional and local governments, and stakeholders, including civil society and community groups, and to establish clear and transparent operating and reporting rules in line with the initiative; urges the Commission to speed up the roll-out of the Lab and provide it with adequate resources; |
| --- | --- |

42.

| 43. | Welcomes the creation of the NEB Festival and the annual NEB Awards, which should reflect the rich cultural diversity of the Union and seek synergies with other relevant European awards and events; highlights the importance of organising NEB events across Europe in order to reach more people and raise awareness about the initiative, including through specific events, festivals and the creation of a European Year of the NEB; |
| --- | --- |

43.

| 44. | Calls on the Commission to plan the destinations of the yearly NEB festivals taking into account the European cities chosen by UNESCO as ‘World Capitals of Architecture’; suggests that the NEB festival be held in these EU cities selected as World Capitals of Architecture in order to improve the promotion of European architecture and innovation; |
| --- | --- |

44.

| 45. | Calls on the Commission to create and regularly update a public, digital and easily accessible database of NEB projects and actions so as to make the results of the initiative more visible, to further develop the NEB based on best practices, including within the cultural sector, and to strengthen knowledge sharing, research and development; |
| --- | --- |

45.

| 46. | Calls for the communication, outreach and visibility efforts of the NEB to be enhanced, while respecting multilingualism, in order to boost people’s knowledge of, support for and participation in the initiative, in particular through participatory public outreach activities, including through social media and digital publications, such as awareness-raising campaigns, a platform providing information, best practices of NEB projects from all Member States and educational content, including a module on the NEB, the creation of tools and spaces that facilitate peer learning, the exchange of ideas and knowledge, and surveys to assess the impact of NEB projects; |
| --- | --- |

46.

o

o o

| 47. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

47.

---

(1)  OJ C 501 I, 13.12.2021, p. 13.

(2)  OJ C 460, 21.12.2018, p. 12.

(3)  OJ C 184, 5.5.2022, p. 88.

(4)  Texts adopted: P9_TA(2022)0057.

(5)  OJ C 385, 22.9.2021, p. 152.

(6)  OJ C 385, 22.9.2021, p. 68.

(7)  OJ C 445, 29.10.2021, p. 156.

(8)  OJ C 456, 10.11.2021, p. 24.

(9)  OJ C 205, 20.5.2022, p. 17.

(10)  OJ C 494, 8.12.2021, p. 26.

(11)  OJ L 170, 12.5.2021, p. 1.

(12)  OJ L 172, 17.5.2021, p. 53.

(13)  OJ L 231, 30.6.2021, p. 60.

(14)  OJ L 153, 3.5.2021, p. 1.

(15)  OJ L 166, 11.5.2021, p. 1.

(16)  OJ L 189, 28.5.2021, p. 1.

(17)  OJ L 189, 28.5.2021, p. 34.

(18)  OJ L 202, 8.6.2021, p. 32.

(19)  European Commission, ‘In focus: Energy efficiency in buildings’, 17 February 2020.

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Thursday 15 September 2022

| 5.4.2023 | EN | Official Journal of the European Union | C 125/67 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/67

---

P9_TA(2022)0320

Human rights violations in the context of forced deportation of Ukrainian civilians to and forced adoption of Ukrainian children in Russia

European Parliament resolution of 15 September 2022 on human rights violations in the context of the forced deportation of Ukrainian civilians to and the forced adoption of Ukrainian children in Russia (2022/2825(RSP))

(2023/C 125/05)

The European Parliament,

| — | having regard to its previous resolutions on Ukraine and Russia, in particular its resolutions of 7 April (1), 5 May (2) and 19 May (3) 2022, |
| --- | --- |

—

having regard to its previous resolutions on Ukraine and Russia, in particular its resolutions of 7 April (1), 5 May (2) and 19 May (3) 2022,

| — | having regard to the UN Charter, |
| --- | --- |

—

having regard to the UN Charter,

| — | having regard to the European Convention on Human Rights, |
| --- | --- |

—

having regard to the European Convention on Human Rights,

| — | having regard to the International Covenant on Civil and Political Rights, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights,

| — | having regard to the Hague Conventions, |
| --- | --- |

—

having regard to the Hague Conventions,

| — | having regard to the Geneva Conventions and their additional protocols, |
| --- | --- |

—

having regard to the Geneva Conventions and their additional protocols,

| — | having regard to the Rome Statute of the International Criminal Court (ICC), |
| --- | --- |

—

having regard to the Rome Statute of the International Criminal Court (ICC),

| — | having regard to the International Convention for the Protection of All Persons from Enforced Disappearance, |
| --- | --- |

—

having regard to the International Convention for the Protection of All Persons from Enforced Disappearance,

| — | having regard to the UN Convention on the Rights of the Child of 20 November 1989 and the additional protocols thereto, |
| --- | --- |

—

having regard to the UN Convention on the Rights of the Child of 20 November 1989 and the additional protocols thereto,

| — | having regard to the Convention on the Prevention and Punishment of the Crime of Genocide, |
| --- | --- |

—

having regard to the Convention on the Prevention and Punishment of the Crime of Genocide,

| — | having regard to the European Council conclusions on Ukraine of 30 May 2022, |
| --- | --- |

—

having regard to the European Council conclusions on Ukraine of 30 May 2022,

| — | having regard to the Organization for Security and Co-operation in Europe (OSCE) reports on violations of international humanitarian and human rights law, war crimes and crimes against humanity committed in Ukraine of 13 April 2022 and of 14 July 2022, |
| --- | --- |

—

having regard to the Organization for Security and Co-operation in Europe (OSCE) reports on violations of international humanitarian and human rights law, war crimes and crimes against humanity committed in Ukraine of 13 April 2022 and of 14 July 2022,

| — | having regard to the reports by the Ukrainian Parliament Commissioner for Human Rights, |
| --- | --- |

—

having regard to the reports by the Ukrainian Parliament Commissioner for Human Rights,

| — | having regard to the discussion in the UN Security Council on 7 September 2022 on the forced displacement and deportation of Ukrainian citizens, as well as forced adoptions of Ukrainian children in Russia, |
| --- | --- |

—

having regard to the discussion in the UN Security Council on 7 September 2022 on the forced displacement and deportation of Ukrainian citizens, as well as forced adoptions of Ukrainian children in Russia,

| — | having regard to Human Rights Watch’s report ‘“We Had No Choice”: “Filtration” and the Crime of Forcibly Transferring Ukrainian Civilians to Russia’ of 1 September 2022, |
| --- | --- |

—

having regard to Human Rights Watch’s report ‘“We Had No Choice”: “Filtration” and the Crime of Forcibly Transferring Ukrainian Civilians to Russia’ of 1 September 2022,

| — | having regard to Rules 144(5) and 132(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 144(5) and 132(4) of its Rules of Procedure,

| A. | whereas the Russian Federation relaunched an unprovoked, unjustified and illegal war of aggression against Ukraine on 24 February 2022; whereas Russia has committed massive and grave violations of human rights and war crimes from the beginning of its full-scale invasion of Ukraine, including mass killings of civilians and prisoners of war, torture, sexual violence, forced disappearances, forced deportation, pillage and the hindering of evacuation and humanitarian convoys, all of which are prohibited under international law and must be prosecuted; |
| --- | --- |

A.

whereas the Russian Federation relaunched an unprovoked, unjustified and illegal war of aggression against Ukraine on 24 February 2022; whereas Russia has committed massive and grave violations of human rights and war crimes from the beginning of its full-scale invasion of Ukraine, including mass killings of civilians and prisoners of war, torture, sexual violence, forced disappearances, forced deportation, pillage and the hindering of evacuation and humanitarian convoys, all of which are prohibited under international law and must be prosecuted;

| B. | whereas the Ukrainian Parliament Commissioner for Human Rights (Ombudsman) estimates that since 24 February 2022 more than 1 million Ukrainians have been forcibly deported to the Russian Federation, often as far as to the far east of Russia; whereas different sources indicate that these numbers are an underestimate, with the highest estimates putting the numbers at 2,5 million, and that the numbers are constantly increasing; whereas forced deportations from Ukraine, facilitated by the so-called ‘filtration camps’, show strong historical parallels to forced mass Soviet deportations and Gulag concentration camps; whereas a forcible transfer is a war crime and a potential crime against humanity; |
| --- | --- |

B.

whereas the Ukrainian Parliament Commissioner for Human Rights (Ombudsman) estimates that since 24 February 2022 more than 1 million Ukrainians have been forcibly deported to the Russian Federation, often as far as to the far east of Russia; whereas different sources indicate that these numbers are an underestimate, with the highest estimates putting the numbers at 2,5 million, and that the numbers are constantly increasing; whereas forced deportations from Ukraine, facilitated by the so-called ‘filtration camps’, show strong historical parallels to forced mass Soviet deportations and Gulag concentration camps; whereas a forcible transfer is a war crime and a potential crime against humanity;

| C. | whereas the large-scale forced deportation of Ukrainian civilians to the Russian Federation has been identified by international organisations such as the OSCE and the UN as one of the most serious violations of international humanitarian law committed by the Russian Federation in its war of aggression against Ukraine; |
| --- | --- |

C.

whereas the large-scale forced deportation of Ukrainian civilians to the Russian Federation has been identified by international organisations such as the OSCE and the UN as one of the most serious violations of international humanitarian law committed by the Russian Federation in its war of aggression against Ukraine;

| D. | whereas the Office of the High Commissioner for Human Rights of the United Nations (OHCHR) verified the existence of so-called ‘filtration’, involving large-scale, compulsory, punitive, and abusive security screening that has resulted in numerous human rights violations against Ukrainian citizens; whereas Ukrainian civilians were effectively interned as they waited to undergo this process, which varied in duration from a few hours to almost a month; whereas during ‘filtration’, Ukrainian citizens are subjected to detailed interrogation, body searches, sometimes involving forced nudity, and torture; whereas in such circumstances, Ukrainian women and girls are at risk of sexual exploitation; |
| --- | --- |

D.

whereas the Office of the High Commissioner for Human Rights of the United Nations (OHCHR) verified the existence of so-called ‘filtration’, involving large-scale, compulsory, punitive, and abusive security screening that has resulted in numerous human rights violations against Ukrainian citizens; whereas Ukrainian civilians were effectively interned as they waited to undergo this process, which varied in duration from a few hours to almost a month; whereas during ‘filtration’, Ukrainian citizens are subjected to detailed interrogation, body searches, sometimes involving forced nudity, and torture; whereas in such circumstances, Ukrainian women and girls are at risk of sexual exploitation;

| E. | whereas the ‘filtration’ process is systematic and represents a mass illegal data collection exercise, providing the Russian authorities with vast amounts of personal data about Ukrainian civilians, including their biometric data; whereas this is a clear violation of the right to privacy and could put those subjected to it at risk of being targeted in the future; |
| --- | --- |

E.

whereas the ‘filtration’ process is systematic and represents a mass illegal data collection exercise, providing the Russian authorities with vast amounts of personal data about Ukrainian civilians, including their biometric data; whereas this is a clear violation of the right to privacy and could put those subjected to it at risk of being targeted in the future;

| F. | whereas during this process, the Russian authorities often confiscate Ukrainian passports and coerce Ukrainians into signing agreements to stay in Russia, hindering their ability to return home, in an apparent effort to change the demographic make-up of Ukraine; whereas, in addition to forced deportations and adoptions, Russia in its geopolitical concept of ‘Russkij mir’ (‘Russian world’) in the occupied territories of Ukraine is conducting accelerated Russification; |
| --- | --- |

F.

whereas during this process, the Russian authorities often confiscate Ukrainian passports and coerce Ukrainians into signing agreements to stay in Russia, hindering their ability to return home, in an apparent effort to change the demographic make-up of Ukraine; whereas, in addition to forced deportations and adoptions, Russia in its geopolitical concept of ‘Russkij mir’ (‘Russian world’) in the occupied territories of Ukraine is conducting accelerated Russification;

| G. | whereas Ukrainian citizens who ‘fail’ the ‘filtration’ process are detained and transferred to Russian detention centres and penal colonies, and are at risk of grave harm, including torture and ill treatment, or are forcibly disappeared; whereas the OHCHR has documented credible reports of children being separated from their families when the accompanying adult did not pass the ‘filtration’ process; |
| --- | --- |

G.

whereas Ukrainian citizens who ‘fail’ the ‘filtration’ process are detained and transferred to Russian detention centres and penal colonies, and are at risk of grave harm, including torture and ill treatment, or are forcibly disappeared; whereas the OHCHR has documented credible reports of children being separated from their families when the accompanying adult did not pass the ‘filtration’ process;

| H. | whereas children fleeing the war, especially when unaccompanied, are at increased risk of violence, abuse and exploitation, as well as of going missing and falling victim to trafficking, especially when moving across borders, and girls in particular are at risk of gender-based violence; |
| --- | --- |

H.

whereas children fleeing the war, especially when unaccompanied, are at increased risk of violence, abuse and exploitation, as well as of going missing and falling victim to trafficking, especially when moving across borders, and girls in particular are at risk of gender-based violence;

| I. | whereas the Ukrainian Ombudsman, on 3 September 2022, claimed that more than 200 000 children had already been forcibly taken to the Russian Federation with the intention of making them available for adoption by Russian families and could verify the circumstances of the forced deportation of 7 000 Ukrainian children; whereas the Russian authorities are deliberately separating Ukrainian children from their parents and abducting others from orphanages, other children’s institutions and hospitals before putting them up for adoption inside Russia; whereas this action by the Russian Federation is systematic and large-scale in nature, and includes the eradication of the deportees’ personal records, among other offences; |
| --- | --- |

I.

whereas the Ukrainian Ombudsman, on 3 September 2022, claimed that more than 200 000 children had already been forcibly taken to the Russian Federation with the intention of making them available for adoption by Russian families and could verify the circumstances of the forced deportation of 7 000 Ukrainian children; whereas the Russian authorities are deliberately separating Ukrainian children from their parents and abducting others from orphanages, other children’s institutions and hospitals before putting them up for adoption inside Russia; whereas this action by the Russian Federation is systematic and large-scale in nature, and includes the eradication of the deportees’ personal records, among other offences;

| J. | whereas Ukraine has created the ‘Children of War’ portal to allow the parents of lost, displaced and deported children to share all available data; |
| --- | --- |

J.

whereas Ukraine has created the ‘Children of War’ portal to allow the parents of lost, displaced and deported children to share all available data;

| K. | whereas once children are in the Russian-occupied territories or in Russia itself, the process of leaving or reuniting with their guardians is incredibly complex; whereas without formal procedures in place to return Ukrainian children to Ukraine or to reunite them with their guardians and caregivers, the process largely falls on individuals with support from local volunteers, NGOs and back-channel negotiations; |
| --- | --- |

K.

whereas once children are in the Russian-occupied territories or in Russia itself, the process of leaving or reuniting with their guardians is incredibly complex; whereas without formal procedures in place to return Ukrainian children to Ukraine or to reunite them with their guardians and caregivers, the process largely falls on individuals with support from local volunteers, NGOs and back-channel negotiations;

| L. | whereas on 25 and 30 May 2022, President Vladimir Putin signed decrees simplifying the procedure for granting Russian citizenship to Ukrainian citizens, including children without parental care, and for Ukrainian children’s adoption by Russian families, thereby further complicating their return to Ukraine and facilitating the process of enforced assimilation of Ukrainian children; whereas hundreds of Ukrainian children have since received Russian citizenship and have been sent to new parents across the different regions of Russia; |
| --- | --- |

L.

whereas on 25 and 30 May 2022, President Vladimir Putin signed decrees simplifying the procedure for granting Russian citizenship to Ukrainian citizens, including children without parental care, and for Ukrainian children’s adoption by Russian families, thereby further complicating their return to Ukraine and facilitating the process of enforced assimilation of Ukrainian children; whereas hundreds of Ukrainian children have since received Russian citizenship and have been sent to new parents across the different regions of Russia;

| M. | whereas international law unequivocally prohibits deportation within an occupied territory or from an occupied territory to the territory of the occupying power, which constitutes a grave breach of the Geneva Conventions and a war crime under the Rome Statute of the ICC; whereas international law and practice prohibit adoption during or immediately after emergencies; whereas Ukraine adopted a moratorium on inter-country adoptions early in the war; whereas the UN Convention on the Rights of the Child and the Fourth Geneva Convention prohibit occupying powers from changing children’s personal status, including their nationality; |
| --- | --- |

M.

whereas international law unequivocally prohibits deportation within an occupied territory or from an occupied territory to the territory of the occupying power, which constitutes a grave breach of the Geneva Conventions and a war crime under the Rome Statute of the ICC; whereas international law and practice prohibit adoption during or immediately after emergencies; whereas Ukraine adopted a moratorium on inter-country adoptions early in the war; whereas the UN Convention on the Rights of the Child and the Fourth Geneva Convention prohibit occupying powers from changing children’s personal status, including their nationality;

| N. | whereas according to Article II of the UN Convention on the Prevention and Punishment of the Crime of Genocide, the forcible transfer of children of the group to another group, with the intention to destroy, in whole or in part, a national, ethnical, racial or religious group, constitutes genocide; |
| --- | --- |

N.

whereas according to Article II of the UN Convention on the Prevention and Punishment of the Crime of Genocide, the forcible transfer of children of the group to another group, with the intention to destroy, in whole or in part, a national, ethnical, racial or religious group, constitutes genocide;

| O. | whereas elderly people, persons with disabilities and other vulnerable groups appear to be at particular risk of becoming trapped in the Russian-occupied areas or in Russia, as they are often placed against their will in facilities such as nursing homes located in Russia or the Russian-occupied areas; whereas these facilities are closed institutions, and placing vulnerable people there fundamentally undermines their right to freedom of movement; |
| --- | --- |

O.

whereas elderly people, persons with disabilities and other vulnerable groups appear to be at particular risk of becoming trapped in the Russian-occupied areas or in Russia, as they are often placed against their will in facilities such as nursing homes located in Russia or the Russian-occupied areas; whereas these facilities are closed institutions, and placing vulnerable people there fundamentally undermines their right to freedom of movement;

| P. | whereas Ukrainian citizens in Russia and the Russian-occupied territories face significant difficulties, such as a lack of the means of subsistence, the inability to exchange Ukrainian hryvnias or withdraw funds using bank cards, a lack of clothing and hygiene items, and the inability to contact relatives; whereas Ukrainian civilians are being forcibly relocated to economically depressed or isolated areas in Russia, often in Siberia, and left with no means of returning; whereas those who try to leave Russia often face difficulties crossing from Russia because they lack proper identification documents, having left them behind in Ukraine when fleeing the war or having had them confiscated by the Russian authorities; |
| --- | --- |

P.

whereas Ukrainian citizens in Russia and the Russian-occupied territories face significant difficulties, such as a lack of the means of subsistence, the inability to exchange Ukrainian hryvnias or withdraw funds using bank cards, a lack of clothing and hygiene items, and the inability to contact relatives; whereas Ukrainian civilians are being forcibly relocated to economically depressed or isolated areas in Russia, often in Siberia, and left with no means of returning; whereas those who try to leave Russia often face difficulties crossing from Russia because they lack proper identification documents, having left them behind in Ukraine when fleeing the war or having had them confiscated by the Russian authorities;

| Q. | whereas a distorted narrative of World War II lies at the root of the Kremlin’s propaganda justifying the war of aggression waged by Russia against Ukraine today; |
| --- | --- |

Q.

whereas a distorted narrative of World War II lies at the root of the Kremlin’s propaganda justifying the war of aggression waged by Russia against Ukraine today;

| 1. | Condemns in the strongest possible terms the Russian Federation’s war of aggression against Ukraine, as well as the active 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; expresses its undivided solidarity with the people of Ukraine, 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; |
| --- | --- |

1.

| 2. | Strongly condemns the reported atrocities committed by the Russian Armed Forces, their proxies and the various occupation authorities, in particular the forcible deportation of Ukrainian civilians, including children, to Russia, as well as Russia’s abhorrent practices in the so-called ‘filtration camps’ where families are separated and those who are deemed ‘unreliable’ disappear; |
| --- | --- |

2.

| 3. | Calls on Russia to fully abide by its obligations under international law and immediately cease the forced deportation and forcible transfer of Ukrainian civilians to Russia and the Russian-occupied territories, all forced transfers of children to the Russian-occupied territories and the Russian Federation, as well as any inter-country adoptions of children transferred from Ukraine’s entire internationally recognised territory; calls on Russia to repeal all legislation facilitating the adoption of Ukrainian children; |
| --- | --- |

3.

| 4. | Emphasises the need for international and European organisations, including the International Committee of the Red Cross, the Office of the United Nations High Commissioner for Refugees, the International Organization for Migration and the OHCHR, to have unfettered access to visit the ‘filtration’ camps and other places where Ukrainian citizens are located following their transfer to Russia and the Russian-occupied territories, to monitor those facilities and to assist both those Ukrainian citizens who wish to return to the territory of Ukraine to do so, and those Ukrainian citizens who wish to go to a third country to seek asylum and to apply for refugee status and/or family reunification without passing through Ukraine; |
| --- | --- |

4.

| 5. | Demands that the Russian Federation immediately provide information about the names, whereabouts and well-being of all Ukrainians detained or deported, and allow and enable the safe return of all Ukrainian civilians, including children, in particular those who were forcefully deported to the territory of the Russian Federation or to the Ukrainian territories currently occupied by the Russian Federation, by establishing safe channels of communication and travel; |
| --- | --- |

5.

| 6. | Calls on all states and international organisations to press Russia to respect the prohibition on forcible transfers, including on coercing civilians to evacuate to unwanted destinations, and to facilitate the safe passage for civilians to a destination of their choosing, in particular for vulnerable groups; |
| --- | --- |

6.

| 7. | Demands that Russia fully abide by its obligations and stop systematic ‘filtration’ operations, that it halt all ongoing biometric data collection and retention processes, delete illegally collected data and ensure that civilians can leave in safety and under international supervision to Ukrainian-controlled territory if they so choose; calls on Russia to abandon any attempts at Russification and at depriving Ukrainians of their national identity; |
| --- | --- |

7.

| 8. | Emphasises that children separated from their parents during war or a humanitarian emergency cannot be assumed to be orphans and must be allowed and enabled to return and be reunited with their parents or legal guardians promptly; |
| --- | --- |

8.

| 9. | Urges the authorities of the Russian Federation to immediately grant international organisations such as the OHCHR and UNICEF access to all Ukrainian children who have been forcefully deported to the Russian-occupied territories and Russia; calls on the Russian authorities to ensure the safety and well-being of Ukrainian children while in Russia and in the Russian-occupied territories, and to protect them from the dangers arising from the war and its consequences; |
| --- | --- |

9.

| 10. | Calls for the immediate creation of an EU Child Protection Package to protect and assist children and young people fleeing the war in Ukraine, which would entail safe passage, protection from violence, abuse, exploitation and trafficking, as well as emergency relief, family reunion efforts and long-term rehabilitation support; |
| --- | --- |

10.

| 11. | Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy and the Member States to address the plight of vulnerable groups, including children, elderly people and persons with disabilities in EU public statements about forcible transfers, and to support activists and NGOs on the ground who are trying to take care of them and facilitate their safe return; |
| --- | --- |

11.

| 12. | Calls on the Commission and the Member States to work with the Ukrainian authorities, international organisations and civil society in order to set up mechanisms to document the facts of forced transfer (the number and identities of people, including children, the whereabouts of people who failed the ‘filtration’ process, the conditions of their stay in Russia, etc.), including in order to determine their whereabouts, to repatriate in particular any missing children and to assist in family reunification and tracing; stresses the need to collect information, such as the names of individuals who have disappeared during the ‘filtration’ process, their forced confinement, or their transfer to Russia; |
| --- | --- |

12.

| 13. | Calls on the Member States to support via their diplomatic missions in Russia the issuance of temporary travel documents enabling Ukrainian citizens who are trapped in Russia without their identity or travel documents to leave the country if they wish to, and provide temporary shelter in the EU if necessary; |
| --- | --- |

13.

| 14. | Strongly condemns the Russian Presidential decrees of 25 May and 30 May 2022; |
| --- | --- |

14.

| 15. | Urges Russia to abandon its passportisation policy and allow Ukrainians to keep their original identification documents; |
| --- | --- |

15.

| 16. | Insists that the perpetrators of war crimes and crimes against humanity, and possible genocide or genocidal intent, as well as the responsible government officials and military leaders, must be held accountable; notes that the forced relocation and deportation of Ukrainian children, including those from institutions, to the Russian Federation and the Russian-occupied territories and their forced adoption by Russian families is in breach of Ukrainian and international law, in particular Article II of the UN Convention on the Prevention and Punishment of the Crime of Genocide; in this regard, calls on the Member States to support the efforts by the Ukrainian and international authorities to collect, document and preserve evidence of the human rights violations committed in the context of the Russian war against Ukraine; |
| --- | --- |

16.

| 17. | Calls on the Government of Ukraine to ratify the Rome Statute of the ICC in order to facilitate the prosecution of war crimes and crimes against humanity, including forced deportations, and on all European countries to sign or ratify the UN International Convention for the Protection of All Persons from Enforced Disappearances; |
| --- | --- |

17.

| 18. | Calls on the Commission and the Member States to support all legitimate international and national processes, including under the principle of universal jurisdiction, and to investigate alleged crimes against humanity and war crimes with a view to holding all perpetrators accountable before a court of law, including cases of forcible transfers, forced adoptions and enforced disappearances; strongly welcomes the ongoing investigations by the ICC in this regard; |
| --- | --- |

18.

| 19. | Calls on the Commission and the Member States to provide political, legal, technical, financial and any other kind of support needed for the establishment of a special tribunal dealing with the crime of aggression by the Russian Federation against Ukraine; |
| --- | --- |

19.

| 20. | Welcomes the swift adoption of sanctions by the Council and calls for continued unity among the EU institutions and the Member States in the face of Russia’s aggression against Ukraine, as well as a high level of coordination among the G7; calls on all partners, in particular EU candidate countries and potential candidate countries, to align with the sanctions packages; calls for the list of individuals targeted by the sanctions to be extended, in particular to include all entities and persons identified as responsible for the preparation and organisation of forced deportations and forced adoptions, or for the operation of the so-called ‘filtration camps’; |
| --- | --- |

20.

| 21. | Notes strong historical parallels between Russia’s crimes in Ukraine and Soviet crimes across the Soviet-occupied territories; recognises the mass Soviet deportations, ordered, planned and executed by the Soviet communist regime and the entire Gulag system as crimes against humanity; emphasises the importance of remembrance, historical research and education about the totalitarian past in order to strengthen civic awareness and build resilience to disinformation; calls for a thorough historical and legal evaluation and a transparent public debate about Soviet crimes, most importantly in Russia itself, in order to render impossible the repetition of similar crimes in the future; |
| --- | --- |

21.

| 22. | 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 governments and parliaments of the Member States, the Council of Europe, the Organization for Security and Co-operation in Europe, the Office of the United Nations High Commissioner for Human Rights, the Office of the United Nations High Commissioner for Refugees, the International Organization for Migration, the International Committee of the Red Cross, the International Criminal Court, the United Nations Children’s Fund, the President, Government and Parliament of Ukraine, the Belarusian authorities, and the President, Government and Parliament of the Russian Federation. |
| --- | --- |

22.

---

(1)  European Parliament resolution of 7 April 2022 on the EU’s protection of children and young people fleeing the war in Ukraine (Texts adopted, P9_TA(2022)0120).

(2)  European Parliament resolution of 5 May 2022 on the impact of the war against Ukraine on women (Texts adopted, P9_TA(2022)0206).

(3)  European Parliament resolution of 19 May 2022 on the fight against impunity for war crimes in Ukraine (Texts adopted, P9_TA(2022)0218).

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/72 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/72

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P9_TA(2022)0321

Violations of human rights in Uganda and Tanzania linked to the investments in fossil fuels projects

European Parliament resolution of 15 September 2022 on violations of human rights in Uganda and Tanzania linked to investments in fossil fuels projects (2022/2826(RSP))

(2023/C 125/06)

The European Parliament,

| — | having regard to its previous resolutions on Uganda and on Tanzania, |
| --- | --- |

—

having regard to its previous resolutions on Uganda and on Tanzania,

| — | having regard to the EU Guidelines on Human Rights Defenders and the EU Human Rights Guidelines on Freedom of Expression Online and Offline, |
| --- | --- |

—

having regard to the EU Guidelines on Human Rights Defenders and the EU Human Rights Guidelines on Freedom of Expression Online and Offline,

| — | having regard to the 1948 Universal Declaration of Human Rights, to which Uganda is a signatory, and in particular to Article 9 thereof, |
| --- | --- |

—

having regard to the 1948 Universal Declaration of Human Rights, to which Uganda is a signatory, and in particular to Article 9 thereof,

| — | having regard to the International Covenant on Civil and Political Rights of 16 December 1966, ratified by Uganda on 21 June 1995, and in particular to Article 9 thereof, which guarantees the right to freedom from arbitrary arrest or detention, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights of 16 December 1966, ratified by Uganda on 21 June 1995, and in particular to Article 9 thereof, which guarantees the right to freedom from arbitrary arrest or detention,

| — | having regard to the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, also known as the UN Declaration on Human Rights Defenders, adopted on 9 December 1998, |
| --- | --- |

—

having regard to the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, also known as the UN Declaration on Human Rights Defenders, adopted on 9 December 1998,

| — | having regard to the Paris Agreement, adopted at the 21st United Nations Conference of the Parties to the UN Framework Convention on Climate Change in Paris on 12 December 2015 and signed on 22 April 2016 by, among others, all EU countries, Uganda and Tanzania, |
| --- | --- |

—

having regard to the Paris Agreement, adopted at the 21st United Nations Conference of the Parties to the UN Framework Convention on Climate Change in Paris on 12 December 2015 and signed on 22 April 2016 by, among others, all EU countries, Uganda and Tanzania,

| — | having regard to the joint Africa-EU strategy, |
| --- | --- |

—

having regard to the joint Africa-EU strategy,

| — | having regard to the resolution adopted by the UN General Assembly on 28 July 2022, voted for by 161 countries including all EU Member States, which declares access to clean and healthy environment a universal human right, |
| --- | --- |

—

having regard to the resolution adopted by the UN General Assembly on 28 July 2022, voted for by 161 countries including all EU Member States, which declares access to clean and healthy environment a universal human right,

| — | having regard to Rules 144(5) and 132(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 144(5) and 132(4) of its Rules of Procedure,

| A. | whereas the Lake Albert Development project consists of several partners, with the French multinational oil company TotalEnergies (Total) as the main investor, together with the China National Offshore Oil Corporation, the Uganda National Oil Company, and the Tanzania Petroleum Development Corporation; whereas the production from the project will be delivered to the port of Tanga in Tanzania via a cross-border pipeline, the East African Crude Oil Pipeline (EACOP); whereas the EACOP was launched on 1 February 2022 and is planned to be complete by 2025; whereas Total has started two major oil exploration projects in Uganda, one of which is the Tilenga project, which will involve drilling for oil within the Murchison Falls natural protected area; |
| --- | --- |

A.

whereas the Lake Albert Development project consists of several partners, with the French multinational oil company TotalEnergies (Total) as the main investor, together with the China National Offshore Oil Corporation, the Uganda National Oil Company, and the Tanzania Petroleum Development Corporation; whereas the production from the project will be delivered to the port of Tanga in Tanzania via a cross-border pipeline, the East African Crude Oil Pipeline (EACOP); whereas the EACOP was launched on 1 February 2022 and is planned to be complete by 2025; whereas Total has started two major oil exploration projects in Uganda, one of which is the Tilenga project, which will involve drilling for oil within the Murchison Falls natural protected area;

| B. | whereas the construction and operational phases are expected to cause further serious adverse impacts for communities within the oil extraction and pipeline areas, including jeopardising water resources and irremediably harming the livelihoods of farmers, fisherfolk and tourism business owners who depend upon the region’s rich natural resources; whereas the offshore facilities of EACOP on the Tanzanian coast will be built in a high tsunami-risk zone, endangering protected marine areas; whereas these risks were noted by the Netherlands Commission for Environmental Assessment in its ‘Advisory Review of the resubmitted Environmental and Social Impact Assessment for the EACOP’, highlighting in particular that the proposed technique for water and wetland crossings (open trench) has the potential for significant negative impacts, particularly in wetlands; |
| --- | --- |

B.

whereas the construction and operational phases are expected to cause further serious adverse impacts for communities within the oil extraction and pipeline areas, including jeopardising water resources and irremediably harming the livelihoods of farmers, fisherfolk and tourism business owners who depend upon the region’s rich natural resources; whereas the offshore facilities of EACOP on the Tanzanian coast will be built in a high tsunami-risk zone, endangering protected marine areas; whereas these risks were noted by the Netherlands Commission for Environmental Assessment in its ‘Advisory Review of the resubmitted Environmental and Social Impact Assessment for the EACOP’, highlighting in particular that the proposed technique for water and wetland crossings (open trench) has the potential for significant negative impacts, particularly in wetlands;

| C. | whereas the risks and impacts caused by the oil fields and pipeline infrastructure development are already reported to be immense, and have been exhaustively documented in numerous community-based impact assessments and independent expert studies; whereas it is projected that the project will endanger nature reserves and habitats; whereas despite the project partners’ announcement of its economic and employment benefits, many East Africans and East African civil society organisations continue to voice strong opposition to the construction of the pipeline and associated projects claiming that its impact on local communities and the environment is not worth the risk; |
| --- | --- |

C.

whereas the risks and impacts caused by the oil fields and pipeline infrastructure development are already reported to be immense, and have been exhaustively documented in numerous community-based impact assessments and independent expert studies; whereas it is projected that the project will endanger nature reserves and habitats; whereas despite the project partners’ announcement of its economic and employment benefits, many East Africans and East African civil society organisations continue to voice strong opposition to the construction of the pipeline and associated projects claiming that its impact on local communities and the environment is not worth the risk;

| D. | whereas most of the planned production from this large-scale oil project would be extracted and sold after 2030; whereas the extraction of oil in Uganda would generate up to 34 million tonnes of carbon emissions per year; whereas the International Energy Agency (IEA) warned in a 2021 report that limiting global warming to 1,5 oC to prevent climate change’s most destructive impacts would require new oil and gas development to stop immediately; whereas several environmental and climate experts have pointed out several critical flaws in these environmental and social impact assessments, considering it inevitable that ‘EACOP oil spills will occur over the lifetime of the project’; |
| --- | --- |

D.

whereas most of the planned production from this large-scale oil project would be extracted and sold after 2030; whereas the extraction of oil in Uganda would generate up to 34 million tonnes of carbon emissions per year; whereas the International Energy Agency (IEA) warned in a 2021 report that limiting global warming to 1,5 oC to prevent climate change’s most destructive impacts would require new oil and gas development to stop immediately; whereas several environmental and climate experts have pointed out several critical flaws in these environmental and social impact assessments, considering it inevitable that ‘EACOP oil spills will occur over the lifetime of the project’;

| E. | whereas in their communication of 24 January 2022, the four United Nations Special Rapporteurs on the situation of human rights defenders express their concerns regarding the arrests, intimidation and judicial harassment of human rights defenders and non-governmental organisations (NGOs) working in the oil and gas sector in Uganda; whereas various human rights defenders, journalists and civil society actors have been reported to have suffered criminalisation, intimidation and harassment, including Maxwell Atuhura, an environmental rights defender and field officer in Buliisa for the NGO Africa Institute for Energy Governance, who suffered a break-in and arbitrary arrest; Federica Marsi, an Italian journalist, who was arbitrarily arrested on 25 May 2021; Joss Kaheero Mugisa, the chairman of the NGO Oil and Gas Human Rights Defenders Association, who spent 56 nights in jail without being sentenced by a court; Robert Birimuye, a leader of people affected by the EACOP project in Kyotera District, who was arbitrarily arrested; Yisito Kayinga Muddu, coordinator of Community Transformation Foundation Network — COTFONE, whose house and office were broken into on the same day; and Fred Mwesigwa, who testified in the case against TotalEnergies in France and was subsequently threatened with murder; |
| --- | --- |

E.

whereas in their communication of 24 January 2022, the four United Nations Special Rapporteurs on the situation of human rights defenders express their concerns regarding the arrests, intimidation and judicial harassment of human rights defenders and non-governmental organisations (NGOs) working in the oil and gas sector in Uganda; whereas various human rights defenders, journalists and civil society actors have been reported to have suffered criminalisation, intimidation and harassment, including Maxwell Atuhura, an environmental rights defender and field officer in Buliisa for the NGO Africa Institute for Energy Governance, who suffered a break-in and arbitrary arrest; Federica Marsi, an Italian journalist, who was arbitrarily arrested on 25 May 2021; Joss Kaheero Mugisa, the chairman of the NGO Oil and Gas Human Rights Defenders Association, who spent 56 nights in jail without being sentenced by a court; Robert Birimuye, a leader of people affected by the EACOP project in Kyotera District, who was arbitrarily arrested; Yisito Kayinga Muddu, coordinator of Community Transformation Foundation Network — COTFONE, whose house and office were broken into on the same day; and Fred Mwesigwa, who testified in the case against TotalEnergies in France and was subsequently threatened with murder;

| F. | whereas since 2019, Total has faced legal action in France over allegations that it failed to put in place an adequate vigilance plan covering health, safety, environment, and human rights risks as required by French law on the ‘duty of vigilance’, related to the Tilenga and EACOP projects and their impact on human rights; whereas as Total’s appeals were rejected by the French Court of Cassation in December 2021, the case is now due to be heard on its merits and the ruling is still pending; |
| --- | --- |

F.

whereas since 2019, Total has faced legal action in France over allegations that it failed to put in place an adequate vigilance plan covering health, safety, environment, and human rights risks as required by French law on the ‘duty of vigilance’, related to the Tilenga and EACOP projects and their impact on human rights; whereas as Total’s appeals were rejected by the French Court of Cassation in December 2021, the case is now due to be heard on its merits and the ruling is still pending;

| G. | whereas a mission from the EU delegation and the embassies of France, Belgium, Denmark, Norway and the Netherlands was barred from entering the oil zone on 9 November 2021; |
| --- | --- |

G.

whereas a mission from the EU delegation and the embassies of France, Belgium, Denmark, Norway and the Netherlands was barred from entering the oil zone on 9 November 2021;

| H. | whereas nearly 118 000 people are affected by these oil projects: some have had their homes destroyed to facilitate the construction of access roads or the processing plant, others have had all or part of their land requisitioned and have lost the free use of their properties and thus their means of subsistence, without prior payment of fair and adequate compensation; whereas the compensation paid is often far too low to allow farmers whose land has been expropriated to buy comparable land on which to continue farming, and whereas this low compensation therefore seriously and, a priori, definitively impairs their income and living conditions, such that relocated people can no longer generate sufficient income to feed their families, send their children to school or access health care; whereas the rights of indigenous communities to free, prior and informed consent are not being respected in accordance with international standards; |
| --- | --- |

H.

whereas nearly 118 000 people are affected by these oil projects: some have had their homes destroyed to facilitate the construction of access roads or the processing plant, others have had all or part of their land requisitioned and have lost the free use of their properties and thus their means of subsistence, without prior payment of fair and adequate compensation; whereas the compensation paid is often far too low to allow farmers whose land has been expropriated to buy comparable land on which to continue farming, and whereas this low compensation therefore seriously and, a priori, definitively impairs their income and living conditions, such that relocated people can no longer generate sufficient income to feed their families, send their children to school or access health care; whereas the rights of indigenous communities to free, prior and informed consent are not being respected in accordance with international standards;

| 1. | Expresses its grave concern about the human rights violations in Uganda and Tanzania linked to investments in fossil-fuel projects, including the wrongful imprisonment of human rights defenders, the arbitrary suspension of NGOs, arbitrary prison sentences and the eviction of hundreds of people from their land without fair and adequate compensation; expresses its concerns about the arrests, acts of intimidation and judicial harassment against human rights defenders and NGOs working in the oil and gas sector in Uganda; asks the authorities to ensure human rights advocates, journalists, and civil society groups are free to carry out their work in at-risk communities and calls for all arbitrarily arrested human rights defenders to be released immediately; |
| --- | --- |

1.

| 2. | Calls on the governments of Uganda and Tanzania to initiate concrete measures to ensure that authorities, security forces and policies respect and comply with human rights standards; insists, in particular, that the EU and other international actors maintain and strengthen their integrated and coordinated approach on Uganda, which includes the promotion of good governance, democracy and human rights, and the strengthening of the justice system and rule of law, and urges the EU and its Member States to raise these concerns through public and diplomatic channels; urges the Ugandan Government to reauthorise the 54 NGOs that have been arbitrarily closed or suspended, and to grant those people who have been displaced without receiving fair and adequate compensation access to their land; |
| --- | --- |

2.

| 3. | Recalls that more than 100 000 people are at imminent risk of displacement as a result of the EACOP project without proper guarantees of adequate compensation; urges that those evicted or denied access to their land be compensated promptly, fairly, and adequately, as provided for in the Ugandan Constitution and as promised by the companies; asks the authorities to take further steps to adequately compensate people for lost property and land, protect local communities’ rights to health, their environment, livelihoods, and civic freedoms, and provide redress to those affected by oil operations in past decades; calls on both governments to update domestic laws on land acquisition, valuation, and resettlement to ensure they align with regional and international standards, including the right to free, prior and informed consent; |
| --- | --- |

3.

| 4. | Reiterates its call on the Ugandan authorities to allow free, meaningful and unhindered access to the oil zone for civil society organisations, independent journalists, international observers and researchers; |
| --- | --- |

4.

| 5. | Reiterates its call for a strong and ambitious directive on mandatory corporate due diligence and an ambitious legally binding international instrument to cope with human rights, environment and climate obligations, as outlined in its resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and accountability (1); |
| --- | --- |

5.

| 6. | Calls for the EU and the international community to exert maximum pressure on Ugandan and Tanzanian authorities, as well as the project promoters and stakeholders, to protect the environment and to put an end to the extractive activities in protected and sensitive ecosystems, including the shores of Lake Albert, and commit to using the best available means to preserve the culture, health, and future of the communities affected and to explore alternatives in line with international climate and biodiversity commitments; calls on the promoters of the EACOP project in Uganda and Tanzania to resolve all disputes that should have been resolved prior to the launch of the project, and to take into account all the above-mentioned risks, threatening this project; urges TotalEnergies to take one year before launching the project to study the feasibility of an alternative route to better safeguard protected and sensitive ecosystems and the water resources of Uganda and Tanzania, limiting the vulnerability of the watersheds in the African Great Lakes region, which is a critical resource for the region, and to explore alternative projects based on renewable energies for better economic development; |
| --- | --- |

6.

| 7. | Expresses its concern about the growing economic influence of China and Russia, in particular in the energy sector; is concerned in this regard by the interest of Uganda’s authorities in developing a nuclear power plant with Russian assistance; recalls that the democratic world imposed targeted restrictive measures on Russian companies and entities, including those from the energy sector, in response to its aggression against Ukraine; |
| --- | --- |

7.

| 8. | 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 Union Special Representative for Human Rights, the President of the Republic of Uganda, the President of the Republic of Tanzania and the Speakers of the Ugandan and Tanzanian parliaments. |
| --- | --- |

8.

---

(1)  OJ C 474, 24.11.2021, p. 11.

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/76 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/76

---

P9_TA(2022)0322

Nicaragua, in particular the arrest of the bishop Rolando Álvarez

European Parliament resolution of 15 September 2022 on Nicaragua, in particular the arrest of the bishop Rolando Álvarez (2022/2827(RSP))

(2023/C 125/07)

The European Parliament,

| — | having regard to its previous resolutions on Nicaragua, in particular those of 16 December 2021 on the situation in Nicaragua (1) and 9 June 2022 on the instrumentalisation of justice as a repressive tool in Nicaragua (2), |
| --- | --- |

—

having regard to its previous resolutions on Nicaragua, in particular those of 16 December 2021 on the situation in Nicaragua (1) and 9 June 2022 on the instrumentalisation of justice as a repressive tool in Nicaragua (2),

| — | having regard to the UN Universal Declaration of Human Rights, in particular Article 18 thereof on freedom of opinion and expression, the Charter of Fundamental Rights of the European Union, in particular Article 10 thereof on freedom of thought, conscience and religion, and the American Convention on Human Rights, in particular Article 12 thereof on freedom of conscience and religion, |
| --- | --- |

—

having regard to the UN Universal Declaration of Human Rights, in particular Article 18 thereof on freedom of opinion and expression, the Charter of Fundamental Rights of the European Union, in particular Article 10 thereof on freedom of thought, conscience and religion, and the American Convention on Human Rights, in particular Article 12 thereof on freedom of conscience and religion,

| — | having regard to the International Covenant on Civil and Political Rights and the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights and the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules),

| — | having regard to Council Decision (CFSP) 2019/1720 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua (3), |
| --- | --- |

—

having regard to Council Decision (CFSP) 2019/1720 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua (3),

| — | having regard to the statement by the Spokesperson of the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) of 14 March 2022 on the sentencing of political prisoners, |
| --- | --- |

—

having regard to the statement by the Spokesperson of the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) of 14 March 2022 on the sentencing of political prisoners,

| — | having regard to the statement by the Spokesperson of the UN Human Rights Office of 9 May 2022 on Nicaragua’s crackdown on civil society and to the report of the UN High Commissioner for Human Rights of 24 February 2022 on the situation of human rights in Nicaragua and the statement of the UN High Commissioner for Human Rights before the 49th session of the UN Human Rights Council on 7 March 2022, |
| --- | --- |

—

having regard to the statement by the Spokesperson of the UN Human Rights Office of 9 May 2022 on Nicaragua’s crackdown on civil society and to the report of the UN High Commissioner for Human Rights of 24 February 2022 on the situation of human rights in Nicaragua and the statement of the UN High Commissioner for Human Rights before the 49th session of the UN Human Rights Council on 7 March 2022,

| — | having regard to UN Human Rights Council Resolution No 49/3 of 31 March 2022 on the promotion and protection of human rights in Nicaragua, |
| --- | --- |

—

having regard to UN Human Rights Council Resolution No 49/3 of 31 March 2022 on the promotion and protection of human rights in Nicaragua,

| — | having regard to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (4) (Association Agreement between the EU and Central America), |
| --- | --- |

—

having regard to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (4) (Association Agreement between the EU and Central America),

| — | having regard to Rules 144(5) and 132(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 144(5) and 132(4) of its Rules of Procedure,

| A. | whereas on 19 August 2022, the Nicaraguan national police forcibly raided the episcopal curia of Matagalpa to arbitrarily arrest Bishop Rolando Álvarez after a two-week stand-off, along with five priests, two seminarians and one cameraman, who are now imprisoned in El Chipote prison; whereas Bishop Álvarez played an important role as a mediator in the 2018 National Dialogue and has constantly called for peaceful and reasoned dialogue in Nicaragua, criticising the closure of seven Catholic media radio stations operated by the diocese of Matagalpa on 1 August 2022; |
| --- | --- |

A.

whereas on 19 August 2022, the Nicaraguan national police forcibly raided the episcopal curia of Matagalpa to arbitrarily arrest Bishop Rolando Álvarez after a two-week stand-off, along with five priests, two seminarians and one cameraman, who are now imprisoned in El Chipote prison; whereas Bishop Álvarez played an important role as a mediator in the 2018 National Dialogue and has constantly called for peaceful and reasoned dialogue in Nicaragua, criticising the closure of seven Catholic media radio stations operated by the diocese of Matagalpa on 1 August 2022;

| B. | whereas the police statement did not offer a reason for the arrests, but said they were a part of an investigation launched on 5 August 2022 into ‘destabilising and provocative’ activities in the country; whereas the police later confirmed that ‘legal inquiries’ were under way; whereas hours later, Nicaragua’s Vice-President Rosario Murillo claimed in a speech that the police had been re-establishing order in Matagalpa and the bishop’s arrest was ‘necessary’; |
| --- | --- |

B.

whereas the police statement did not offer a reason for the arrests, but said they were a part of an investigation launched on 5 August 2022 into ‘destabilising and provocative’ activities in the country; whereas the police later confirmed that ‘legal inquiries’ were under way; whereas hours later, Nicaragua’s Vice-President Rosario Murillo claimed in a speech that the police had been re-establishing order in Matagalpa and the bishop’s arrest was ‘necessary’;

| C. | whereas the Apostolic Nuncio to Nicaragua, Monsignor Waldemar Stanisław Sommertag, was expelled in March 2022, Padre Manuel Salvador García was detained in June 2022, the Missionaries of Charity Association of the Order of St Teresa of Calcutta was declared illegal and expelled in July 2022, and the national police reportedly banned religious processions scheduled for 13 and 14 August 2022; whereas five other priests, Uriel Vallejos, Vicente Martínez, Sebastián López, Mangel Hernández and Dani García, went into exile as a result of the arrest of Bishop Álvarez; whereas Bishop Silvio Báez underwent forced exile in 2019 following death threats recognised by the Vatican; whereas on 1 September 2022, the Nicaraguan authorities sentenced monsignor Leonardo José Urbina Rodríguez to 30 years in prison; whereas these are but a few examples of acts of repression targeting members of the Roman Catholic Church in Nicaragua; |
| --- | --- |

C.

whereas the Apostolic Nuncio to Nicaragua, Monsignor Waldemar Stanisław Sommertag, was expelled in March 2022, Padre Manuel Salvador García was detained in June 2022, the Missionaries of Charity Association of the Order of St Teresa of Calcutta was declared illegal and expelled in July 2022, and the national police reportedly banned religious processions scheduled for 13 and 14 August 2022; whereas five other priests, Uriel Vallejos, Vicente Martínez, Sebastián López, Mangel Hernández and Dani García, went into exile as a result of the arrest of Bishop Álvarez; whereas Bishop Silvio Báez underwent forced exile in 2019 following death threats recognised by the Vatican; whereas on 1 September 2022, the Nicaraguan authorities sentenced monsignor Leonardo José Urbina Rodríguez to 30 years in prison; whereas these are but a few examples of acts of repression targeting members of the Roman Catholic Church in Nicaragua;

| D. | whereas since 2018, the Nicaraguan regime has carried out systematic and repeated incarceration, harassment and intimidation of presidential pre-candidates, opposition leaders and religious leaders — notably from the Roman Catholic Church — as well as student and rural leaders, journalists, human rights defenders, civil society organisations, LGBTI persons and business representatives; |
| --- | --- |

D.

whereas since 2018, the Nicaraguan regime has carried out systematic and repeated incarceration, harassment and intimidation of presidential pre-candidates, opposition leaders and religious leaders — notably from the Roman Catholic Church — as well as student and rural leaders, journalists, human rights defenders, civil society organisations, LGBTI persons and business representatives;

| E. | whereas since then, a framework of state repression has been installed in Nicaragua, characterised by systemic impunity for human rights violations, a deterioration of the institutions and the rule of law, and connivance between the powers of the executive and the judiciary; |
| --- | --- |

E.

whereas since then, a framework of state repression has been installed in Nicaragua, characterised by systemic impunity for human rights violations, a deterioration of the institutions and the rule of law, and connivance between the powers of the executive and the judiciary;

| F. | whereas attacks on freedom of expression, conscience and religion have intensified and whereas threats by the public prosecutor’s office against several journalists, human rights defenders as critics of the regime and members of the Roman Catholic Church — due to their mediation efforts in the national talks of 2018 and their denunciations of the human rights violations committed in the context of Nicaragua’s ongoing crisis — have prompted many of them to leave Nicaragua to seek protection; |
| --- | --- |

F.

whereas attacks on freedom of expression, conscience and religion have intensified and whereas threats by the public prosecutor’s office against several journalists, human rights defenders as critics of the regime and members of the Roman Catholic Church — due to their mediation efforts in the national talks of 2018 and their denunciations of the human rights violations committed in the context of Nicaragua’s ongoing crisis — have prompted many of them to leave Nicaragua to seek protection;

| G. | whereas as has been made clear by the Office of the UN High Commissioner for Human Rights and the UN Human Rights Council’s special procedure mandate holders, those imprisoned were detained on grounds incompatible with international human rights standards and the Nicaraguan Constitution; |
| --- | --- |

G.

whereas as has been made clear by the Office of the UN High Commissioner for Human Rights and the UN Human Rights Council’s special procedure mandate holders, those imprisoned were detained on grounds incompatible with international human rights standards and the Nicaraguan Constitution;

| H. | whereas the closure of the Catholic radio stations and two more community radio and TV stations shortly thereafter, through an excessive use of force, are the last in a long list of more than 1 700 civil society organisations and at least 40 women’s organisations, several political parties, media associations and universities being attacked by the Nicaraguan regime; |
| --- | --- |

H.

whereas the closure of the Catholic radio stations and two more community radio and TV stations shortly thereafter, through an excessive use of force, are the last in a long list of more than 1 700 civil society organisations and at least 40 women’s organisations, several political parties, media associations and universities being attacked by the Nicaraguan regime;

| I. | whereas this year the Nicaraguan regime has authorised Russian military presence in the country, which is clear evidence of the strong relationship and common support between Ortega-Murillo and Putin’s regime; |
| --- | --- |

I.

whereas this year the Nicaraguan regime has authorised Russian military presence in the country, which is clear evidence of the strong relationship and common support between Ortega-Murillo and Putin’s regime;

| 1. | Condemns in the strongest possible terms the repression and arrests of members of the Roman Catholic Church in Nicaragua, in particular the arrest of Bishop Rolando Álvarez; urges the Nicaraguan regime to immediately end the repression and restore full respect for all human rights, including freedom of expression, religion and belief; calls for the immediate and unconditional release of all those arbitrarily detained, including Bishop Álvarez and those detained alongside him, and for all legal proceedings against them to be annulled, including their sentences; |
| --- | --- |

1.

| 2. | Deplores and strongly condemns the continuous deterioration of the situation in Nicaragua and the escalation in the repression against the Catholic Church, opposition figures, civil society, human rights defenders, journalists, peasants, students and indigenous people among other actors, as well as their arbitrary detention for solely exercising their fundamental freedoms, their inhumane and degrading treatment and their deteriorating health conditions; |
| --- | --- |

2.

| 3. | Condemns the abusive detention, the lack of trial guarantees and the illegal convictions of political prisoners that have been taking place in Nicaragua; stresses that the judicial system lacks independence from the executive branch; expresses concern about the manipulation of criminal law and the use of the justice system as a tool to criminalise the exercise of civil and political rights; |
| --- | --- |

3.

| 4. | Expresses its concern over the worsening situation of the more than 206 political prisoners detained in Nicaragua since April 2018, according to the Special Follow-up Mechanism for Nicaragua (MESENI), and calls for their immediate release, for the annulment of the legal proceedings against them, and for all refugees and exiles to be allowed to return safely to their homes; urges the Nicaraguan regime to put an end to the use of cruel and inhumane treatment and to respect the physical integrity, dignity, liberty and right to access medical care of those imprisoned, as well as their families; holds the regime responsible for ensuring that the conditions of detention are in compliance with its international human rights legal obligations and standards such as the UN Standard Minimum Rules for the Treatment of Prisoners; |
| --- | --- |

4.

| 5. | Deplores the fact that a further 100 NGOs were shut down on 7 September 2022, bringing the total of NGOs closed in Nicaragua to 1 850 this year; calls on the Nicaraguan regime to stop arbitrarily closing NGOs and civil society organisations and to restore the legal charter to all organisations, political parties, religious organisations, media associations and outlets, universities and human rights organisations that have been shut down arbitrarily, as well as to return all property, assets, documents and equipment that were unduly seized and to re-establish their legitimate legal status; |
| --- | --- |

5.

| 6. | Condemns the cancellation of the opposition political parties and the lack of freedom to organise and participate in the municipal elections of 6 November 2022; urges the restoration of the legitimate administrations in the jurisdictions of El Cuá, San Sebastián de Yalí, Santa María de Pantasma, Murra and El Almendro; |
| --- | --- |

6.

| 7. | Strongly urges Nicaragua to repeal legislation passed since 2018 that unduly restricts civic and democratic space; reiterates its call for the EU to continue to support civil society organisations, human rights defenders and the relatives of political prisoners both in Nicaragua and in exile, including the priests Uriel Vallejos, Vicente Martínez, Sebastián López, Mangel Hernández and Dani García among others; |
| --- | --- |

7.

| 8. | Highlights the key role played by civil society, human rights defenders, journalists and members of the Roman Catholic Church in Nicaragua; |
| --- | --- |

8.

| 9. | Calls on the Nicaraguan regime to urgently allow international organisations to return to the country, including the Inter-American Commission on Human Rights and the Office of the UN High Commissioner for Human Rights, in order to monitor the human rights situation in the country; |
| --- | --- |

9.

| 10. | Calls on the Nicaraguan regime to implement UN Human Rights Council Resolution No 49/3, which establishes, for a period of one year, a group of human rights experts to oversee credible, impartial and exhaustive investigations, preserve evidence and ensure accountability for the serious violations that have occurred since 2018; calls on the Nicaraguan institutions to ensure that impunity does not persist with respect to the serious human rights violations and abuses that have occurred, providing victims with access to justice and full reparation; |
| --- | --- |

10.

| 11. | Calls on Nicaragua to initiate an inclusive national dialogue to ensure a peaceful and democratic solution to the political, social and human rights crisis; |
| --- | --- |

11.

| 12. | Calls for the EU to continue prioritising, through its external action and dialogue, the promotion of democracy, the rule of law, equality and media freedom, and to work with the international community to defend dialogue, democracy and human rights in Nicaragua; asks the EU Delegation in Nicaragua to closely monitor developments in the country, including monitoring trials and visiting opposition leaders and government critics in prison or under house arrest; calls on the Commission to ensure that its cooperation assistance enhances support for civil society, notably human rights defenders, and that it does not contribute in any way to the repressive policies currently being pursued by the Nicaraguan authorities; |
| --- | --- |

12.

| 13. | Recalls that in the light of the Association Agreement between the EU and Central America, Nicaragua must respect and consolidate the principles of the rule of law, democracy and human rights, specifically with regard to the provisions outlined in Title I; reiterates its demand that, in the light of the current circumstances, the democratic clause of the Association Agreement be triggered; |
| --- | --- |

13.

| 14. | Reiterates its call for the Nicaraguan judges and prosecutors to be swiftly included on the list of individuals sanctioned by the EU and for the list of sanctioned individuals and entities to be expanded to include Daniel Ortega and his inner circle; |
| --- | --- |

14.

| 15. | Calls on the EU Member States and the UN Security Council, in accordance with Articles 13 and 14 of the Rome Statute, to open a formal investigation through the International Criminal Court into Nicaragua and Daniel Ortega for crimes against humanity; |
| --- | --- |

15.

| 16. | Reiterates its call for the immediate extradition of Alessio Casimirri to Italy; |
| --- | --- |

16.

| 17. | Asks its Conference of Presidents to authorise the dispatching of a fact-finding mission to monitor the situation in Nicaragua; |
| --- | --- |

17.

| 18. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Secretary-General of the Organization of American States, the Euro-Latin American Parliamentary Assembly, the Central American Parliament, the Lima Group, the Vatican and the Government and Parliament of the Republic of Nicaragua. |
| --- | --- |

18.

---

(1)  OJ C 251, 30.6.2022, p. 134.

(2)  Texts adopted, P9_TA(2022)0238.

(3)  OJ L 262, 15.10.2019, p. 58.

(4)  OJ L 346, 15.12.2012, p. 3.

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/80 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/80

---

P9_TA(2022)0325

Situation of fundamental rights in the EU in 2020 and 2021

European Parliament resolution of 15 September 2022 on the situation of fundamental rights in the European Union in 2020 and 2021 (2021/2186(INI))

(2023/C 125/08)

The European Parliament,

| — | having regard to the Treaty on European Union (TEU), in particular Article 2 thereof, which states that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, |
| --- | --- |

—

having regard to the Treaty on European Union (TEU), in particular Article 2 thereof, which states that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities,

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

—

having regard to the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular Articles 2(1), 20 and 21 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular Articles 2(1), 20 and 21 thereof,

| — | having regard to Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union (1), |
| --- | --- |

—

having regard to Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union (1),

| — | having regard to the Commission communication of 9 December 2021 on a more inclusive and protective Europe: extending the list of EU crimes to hate speech and hate crime (COM(2021)0777), |
| --- | --- |

—

having regard to the Commission communication of 9 December 2021 on a more inclusive and protective Europe: extending the list of EU crimes to hate speech and hate crime (COM(2021)0777),

| — | having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152), |
| --- | --- |

—

having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152),

| — | having regard to the Commission communication of 24 June 2020 entitled ‘EU Strategy on victims’ rights (2020-2025)’ (COM(2020)0258), |
| --- | --- |

—

having regard to the Commission communication of 24 June 2020 entitled ‘EU Strategy on victims’ rights (2020-2025)’ (COM(2020)0258),

| — | having regard to the Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)0698), |
| --- | --- |

—

having regard to the Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)0698),

| — | having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone (2), |
| --- | --- |

—

having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone (2),

| — | having regard to its resolution of 24 June 2021 on the situation of sexual and reproductive health and rights in the EU, in the frame of women’s health (3), |
| --- | --- |

—

having regard to its resolution of 24 June 2021 on the situation of sexual and reproductive health and rights in the EU, in the frame of women’s health (3),

| — | having regard to its resolution of 8 July 2021 on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament (4), |
| --- | --- |

—

having regard to its resolution of 8 July 2021 on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament (4),

| — | having regard to its resolution of 14 September 2021 on LGBTIQ rights in the EU (5), |
| --- | --- |

—

having regard to its resolution of 14 September 2021 on LGBTIQ rights in the EU (5),

| — | having regard to its resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (6), |
| --- | --- |

—

having regard to its resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (6),

| — | having regard to its resolution of 18 December 2019 on public discrimination and hate speech against LGBTI people, including LGBTI free zones (7), |
| --- | --- |

—

having regard to its resolution of 18 December 2019 on public discrimination and hate speech against LGBTI people, including LGBTI free zones (7),

| — | having regard to the recommendations of the Frontex Scrutiny Working Group of its Committee on Civil Liberties, Justice and Home Affairs, as laid down in the committee’s report of 14 July 2021 on the fact-finding investigation on Frontex concerning alleged fundamental rights violations, |
| --- | --- |

—

having regard to the recommendations of the Frontex Scrutiny Working Group of its Committee on Civil Liberties, Justice and Home Affairs, as laid down in the committee’s report of 14 July 2021 on the fact-finding investigation on Frontex concerning alleged fundamental rights violations,

| — | having regard to the opinion of the Committee of the Regions of 14 October 2021 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (8), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 14 October 2021 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (8),

| — | having regard to the debate in the Current Affairs Committee of the Council of Europe Congress of Local and Regional Authorities, and to its subsequent reports of 17 May 2021 entitled ‘The role of local authorities with regard to the situation and rights of LGBTIQ people in Poland’ and 17 June 2021 entitled ‘Protecting LGBTI people in the context of rising anti-LGBTI hate speech and discrimination: the role of local and regional authorities’, |
| --- | --- |

—

having regard to the debate in the Current Affairs Committee of the Council of Europe Congress of Local and Regional Authorities, and to its subsequent reports of 17 May 2021 entitled ‘The role of local authorities with regard to the situation and rights of LGBTIQ people in Poland’ and 17 June 2021 entitled ‘Protecting LGBTI people in the context of rising anti-LGBTI hate speech and discrimination: the role of local and regional authorities’,

| — | having regard to the reports of the EU Agency for Fundamental Rights, in particular its fundamental rights reports for the years 2020 and 2021, |
| --- | --- |

—

having regard to the reports of the EU Agency for Fundamental Rights, in particular its fundamental rights reports for the years 2020 and 2021,

| — | having regard to the Commission communication of 2 December 2020 on the strategy to strengthen the application of the Charter of Fundamental Rights in the EU (COM(2020)0711), |
| --- | --- |

—

having regard to the Commission communication of 2 December 2020 on the strategy to strengthen the application of the Charter of Fundamental Rights in the EU (COM(2020)0711),

| — | having regard to the Commission report of 10 December 2021 entitled ‘Protecting Fundamental Rights in the Digital Age — 2021 Annual Report on the Application of the EU Charter of Fundamental Rights’ (COM(2021)0819), |
| --- | --- |

—

having regard to the Commission report of 10 December 2021 entitled ‘Protecting Fundamental Rights in the Digital Age — 2021 Annual Report on the Application of the EU Charter of Fundamental Rights’ (COM(2021)0819),

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Petitions, |
| --- | --- |

—

having regard to the opinion of the Committee on Petitions,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0224/2022), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0224/2022),

| A. | whereas under Article 2 TEU, the European Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; whereas the values enshrined in Article 2 TEU must be upheld by the EU institutions and by each individual Member State in all their policies; whereas the Commission, together with Parliament and the Council, is responsible under the Treaties for guaranteeing respect for the rule of law as a fundamental value of the Union and for making sure that EU law, values and principles are respected and adhered to; |
| --- | --- |

A.

whereas under Article 2 TEU, the European Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; whereas the values enshrined in Article 2 TEU must be upheld by the EU institutions and by each individual Member State in all their policies; whereas the Commission, together with Parliament and the Council, is responsible under the Treaties for guaranteeing respect for the rule of law as a fundamental value of the Union and for making sure that EU law, values and principles are respected and adhered to;

| B. | whereas Article 151 TFEU refers to fundamental social rights such as those set out in the European Social Charter; whereas the Union has still not acceded to the European Convention on Human Rights, in spite of its obligation to do so under Article 6(2) TEU; |
| --- | --- |

B.

whereas Article 151 TFEU refers to fundamental social rights such as those set out in the European Social Charter; whereas the Union has still not acceded to the European Convention on Human Rights, in spite of its obligation to do so under Article 6(2) TEU;

| C. | whereas in 2020 and 2021, restrictive measures to combat the COVID-19 pandemic interfered with a wide range of fundamental rights such as the rights to freedom of movement and assembly, the right to private and family life, including personal data protection, and the rights to education, work and social security; whereas the pandemic exacerbated existing challenges and inequalities in all areas of life, affecting vulnerable groups in particular, and sparked an increase in racist incidents; |
| --- | --- |

C.

whereas in 2020 and 2021, restrictive measures to combat the COVID-19 pandemic interfered with a wide range of fundamental rights such as the rights to freedom of movement and assembly, the right to private and family life, including personal data protection, and the rights to education, work and social security; whereas the pandemic exacerbated existing challenges and inequalities in all areas of life, affecting vulnerable groups in particular, and sparked an increase in racist incidents;

| D. | whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in Articles 2 and 3(3) TEU, Articles 8, 10, 19 and 157 TFEU and Articles 21 and 23 of the Charter; |
| --- | --- |

D.

whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in Articles 2 and 3(3) TEU, Articles 8, 10, 19 and 157 TFEU and Articles 21 and 23 of the Charter;

| E. | whereas the term ‘Romani people’ encompasses all people and children from Roma, Kalè, Manouches, Lovara, Rissende, Boyash, Domare, Kalderash and Sinti backgrounds; whereas the new definition of Romani people is better for including even those stigmatised as gypsies without having a corresponding ethnic background, such as Egyptians, Ashkali or Travellers; whereas Roma communities remain one of the most vulnerable and oppressed groups in the EU; |
| --- | --- |

E.

whereas the term ‘Romani people’ encompasses all people and children from Roma, Kalè, Manouches, Lovara, Rissende, Boyash, Domare, Kalderash and Sinti backgrounds; whereas the new definition of Romani people is better for including even those stigmatised as gypsies without having a corresponding ethnic background, such as Egyptians, Ashkali or Travellers; whereas Roma communities remain one of the most vulnerable and oppressed groups in the EU;

| F. | whereas the health crisis was often used as a pretext to attack minorities, including migrants, people from migrant backgrounds and Romani people, who were already subjected to racial and ethnic discrimination, hate speech and hate crimes; whereas Romani women and children, who are often subjected to multiple or intersectional forms of discrimination, are among the most threatened groups and individuals in the Member States and accession and candidate countries, as they face even worse obstacles than Romani men in the general population, and often live in poor, rural or urban — often informal — settlements with limited access to education, work and health services, no access to sanitation or clear water, and a lower life expectancy — a situation that has been exacerbated by the COVID-19 pandemic; |
| --- | --- |

F.

whereas the health crisis was often used as a pretext to attack minorities, including migrants, people from migrant backgrounds and Romani people, who were already subjected to racial and ethnic discrimination, hate speech and hate crimes; whereas Romani women and children, who are often subjected to multiple or intersectional forms of discrimination, are among the most threatened groups and individuals in the Member States and accession and candidate countries, as they face even worse obstacles than Romani men in the general population, and often live in poor, rural or urban — often informal — settlements with limited access to education, work and health services, no access to sanitation or clear water, and a lower life expectancy — a situation that has been exacerbated by the COVID-19 pandemic;

| G. | whereas on 20 May 2022 the Committee of Ministers of the Council of Europe adopted a recommendation on combating hate speech, which provides non-binding guidance on how to address the phenomenon; whereas the newly established Committee of Experts on Combating Hate Crime has been tasked with preparing a draft recommendation on hate crime for the Committee of Ministers by the end of 2023; |
| --- | --- |

G.

whereas on 20 May 2022 the Committee of Ministers of the Council of Europe adopted a recommendation on combating hate speech, which provides non-binding guidance on how to address the phenomenon; whereas the newly established Committee of Experts on Combating Hate Crime has been tasked with preparing a draft recommendation on hate crime for the Committee of Ministers by the end of 2023;

| H. | whereas the deliberate targeting of certain minority groups’ rights in some Member States has created and established momentum elsewhere, as evidenced by backtracking on the rights of women and LGBTIQ persons; whereas these are deliberate strategies aimed at weakening the protection of EU fundamental rights enshrined in Article 2 TEU; whereas the Congress of Local and Regional Authorities of the Council of Europe has adopted a resolution recalling the responsibility of local authorities in protecting the rights of LGBTIQ persons and inviting them to appoint a ‘Local Expert on Equality and Diversity’; whereas the Committee of the Regions has laid out numerous suggestions for the active role of local and regional authorities in the prevention of and protection against the discrimination of LGBTIQ persons; |
| --- | --- |

H.

whereas the deliberate targeting of certain minority groups’ rights in some Member States has created and established momentum elsewhere, as evidenced by backtracking on the rights of women and LGBTIQ persons; whereas these are deliberate strategies aimed at weakening the protection of EU fundamental rights enshrined in Article 2 TEU; whereas the Congress of Local and Regional Authorities of the Council of Europe has adopted a resolution recalling the responsibility of local authorities in protecting the rights of LGBTIQ persons and inviting them to appoint a ‘Local Expert on Equality and Diversity’; whereas the Committee of the Regions has laid out numerous suggestions for the active role of local and regional authorities in the prevention of and protection against the discrimination of LGBTIQ persons;

| I. | whereas during the COVID-19 lockdowns, LGBTIQ people, in particular young people, were exposed to higher than average rates of domestic violence and gender-based violence due to discrimination on account of their being LGBTIQ; whereas LGBTIQ people are more vulnerable to homelessness, a situation exacerbated by the COVID-19 lockdowns; |
| --- | --- |

I.

whereas during the COVID-19 lockdowns, LGBTIQ people, in particular young people, were exposed to higher than average rates of domestic violence and gender-based violence due to discrimination on account of their being LGBTIQ; whereas LGBTIQ people are more vulnerable to homelessness, a situation exacerbated by the COVID-19 lockdowns;

| J. | whereas media freedom is one of the pillars and guarantees of a functioning democracy and the rule of law; whereas media freedom, pluralism and independence and the safety of journalists are crucial components of the right to freedom of expression and information, and are essential to the democratic functioning of the EU and its Member States; whereas public authorities should adopt a legal and regulatory framework which fosters the development of free, independent and pluralistic media; whereas online harassment, threats and lawsuits against journalists, especially investigative journalists, by prominent politicians and public figures including members of the government continue to increase in some Member States; whereas instances of political interference in the media have been reported across the Member States; whereas journalists continue to face obstacles in obtaining access to public information and documents; |
| --- | --- |

J.

whereas media freedom is one of the pillars and guarantees of a functioning democracy and the rule of law; whereas media freedom, pluralism and independence and the safety of journalists are crucial components of the right to freedom of expression and information, and are essential to the democratic functioning of the EU and its Member States; whereas public authorities should adopt a legal and regulatory framework which fosters the development of free, independent and pluralistic media; whereas online harassment, threats and lawsuits against journalists, especially investigative journalists, by prominent politicians and public figures including members of the government continue to increase in some Member States; whereas instances of political interference in the media have been reported across the Member States; whereas journalists continue to face obstacles in obtaining access to public information and documents;

| K. | whereas the criminalisation of journalists for their work is a particularly grave issue; whereas journalists should not be imprisoned or threatened with a prison sentence for defamation; whereas Member States should not impose criminal sanctions for media offences except in cases where other fundamental rights have been seriously impaired, and should ensure that these sanctions are not applied against journalists in a discriminatory or arbitrary manner; |
| --- | --- |

K.

whereas the criminalisation of journalists for their work is a particularly grave issue; whereas journalists should not be imprisoned or threatened with a prison sentence for defamation; whereas Member States should not impose criminal sanctions for media offences except in cases where other fundamental rights have been seriously impaired, and should ensure that these sanctions are not applied against journalists in a discriminatory or arbitrary manner;

| L. | whereas revelations that several countries, including EU Member States, have used the Pegasus surveillance spyware against journalists, politicians and other actors are extremely alarming and appear to confirm the dangers of the misuse of surveillance technology to undermine human rights and democracy; |
| --- | --- |

L.

whereas revelations that several countries, including EU Member States, have used the Pegasus surveillance spyware against journalists, politicians and other actors are extremely alarming and appear to confirm the dangers of the misuse of surveillance technology to undermine human rights and democracy;

| M. | whereas whistleblowing is a fundamental aspect of freedom of expression and plays an essential role in detecting and reporting wrongdoing, and in strengthening democratic accountability and transparency; whereas whistleblowing represents a key source of information in the fight against organised crime and in investigating, identifying and publicising cases of corruption within the public and private sectors; whereas the adequate protection of whistleblowers at EU, national and international level, as well as the acknowledgement of the important role played by whistleblowers in society, are preconditions for ensuring the effectiveness of such a role; |
| --- | --- |

M.

whereas whistleblowing is a fundamental aspect of freedom of expression and plays an essential role in detecting and reporting wrongdoing, and in strengthening democratic accountability and transparency; whereas whistleblowing represents a key source of information in the fight against organised crime and in investigating, identifying and publicising cases of corruption within the public and private sectors; whereas the adequate protection of whistleblowers at EU, national and international level, as well as the acknowledgement of the important role played by whistleblowers in society, are preconditions for ensuring the effectiveness of such a role;

| N. | whereas some Member States have not yet implemented all the requirements of the Audiovisual Media Services Directive (9), notably those regarding the independence of the national media market regulators; |
| --- | --- |

N.

whereas some Member States have not yet implemented all the requirements of the Audiovisual Media Services Directive (9), notably those regarding the independence of the national media market regulators;

| O. | whereas on 24 June 2021, Parliament adopted a comprehensive resolution on sexual and reproductive health and rights, setting out its vision on the matter in the Member States; whereas the resolution acknowledges shortcomings, welcomes progress and makes a plethora of proposals to ensure access to menstrual products for all, comprehensive sexuality education, modern contraception as a strategy for gender equality, safe and legal reproductive care, access to fertility treatments and maternity, pregnancy and birth-related care for all; |
| --- | --- |

O.

whereas on 24 June 2021, Parliament adopted a comprehensive resolution on sexual and reproductive health and rights, setting out its vision on the matter in the Member States; whereas the resolution acknowledges shortcomings, welcomes progress and makes a plethora of proposals to ensure access to menstrual products for all, comprehensive sexuality education, modern contraception as a strategy for gender equality, safe and legal reproductive care, access to fertility treatments and maternity, pregnancy and birth-related care for all;

| P. | whereas according to a survey by the EU Agency for Fundamental Rights on violence against women, the victims of partner violence only report the most serious incidents to the police in 14 % of cases, and two thirds of female victims systematically do not report violence to the authorities, either out of fear or a lack of information about victims’ rights, or due to a general belief that intimate partner violence is a private matter which should not be publicised; |
| --- | --- |

P.

whereas according to a survey by the EU Agency for Fundamental Rights on violence against women, the victims of partner violence only report the most serious incidents to the police in 14 % of cases, and two thirds of female victims systematically do not report violence to the authorities, either out of fear or a lack of information about victims’ rights, or due to a general belief that intimate partner violence is a private matter which should not be publicised;

| Q. | whereas gender-based violence is a severe violation of fundamental human rights and constitutes a major barrier to achieving gender equality within society; whereas women and girls remain disproportionately affected by gender-based violence, including sexual violence, harassment and female genital mutilation among other forms, as well as domestic violence and intimate partner violence; whereas these acts of violence can be inflicted both in public and in private; |
| --- | --- |

Q.

whereas gender-based violence is a severe violation of fundamental human rights and constitutes a major barrier to achieving gender equality within society; whereas women and girls remain disproportionately affected by gender-based violence, including sexual violence, harassment and female genital mutilation among other forms, as well as domestic violence and intimate partner violence; whereas these acts of violence can be inflicted both in public and in private;

| R. | whereas the phenomenon of gender-based cyberviolence is increasing, with one in five women aged between 18 and 29 reported to have suffered sexual harassment online in the EU; whereas the digital public sphere must provide a safe environment for all, including women and girls; whereas there must be no impunity in the online environment; whereas in two own-initiative legislative reports, Parliament has called on the Commission to submit proposals on combating gender-based violence and cyberviolence and on adding gender-based violence as a new area of crime listed in Article 83(1) TFEU; |
| --- | --- |

R.

whereas the phenomenon of gender-based cyberviolence is increasing, with one in five women aged between 18 and 29 reported to have suffered sexual harassment online in the EU; whereas the digital public sphere must provide a safe environment for all, including women and girls; whereas there must be no impunity in the online environment; whereas in two own-initiative legislative reports, Parliament has called on the Commission to submit proposals on combating gender-based violence and cyberviolence and on adding gender-based violence as a new area of crime listed in Article 83(1) TFEU;

| S. | whereas in many Member States, the lockdown and social distancing measures enacted during the COVID-19 pandemic came to be associated with an exponential increase in the prevalence and intensity of cases of intimate partner violence, psychological violence and coercive control and cyberviolence, as well as a 60 % increase in the number of emergency calls reported by the victims of domestic violence; whereas the requirement to stay at home and the alarming upsurge in the ‘shadow’ pandemic of gender-based violence made it difficult for women and children to access effective protection, support services and justice and revealed that support resources and structures were insufficient and that victims had limited access to support services, with many left without adequate and timely protection; whereas the Member States should share best practices in specific measures to provide timely and accessible assistance to victims, including setting up emergency texting systems or creating contact points to seek help in pharmacies and supermarkets; whereas for various reasons, in spite of the prevalence of the phenomenon, intimate partner violence against women has been going under-reported in the EU by the victims and their families, friends, acquaintances and neighbours, especially during the COVID-19 pandemic; whereas there is a significant lack of comprehensive, comparable and gender-disaggregated data, making it difficult to fully assess the impact of the crisis; |
| --- | --- |

S.

whereas in many Member States, the lockdown and social distancing measures enacted during the COVID-19 pandemic came to be associated with an exponential increase in the prevalence and intensity of cases of intimate partner violence, psychological violence and coercive control and cyberviolence, as well as a 60 % increase in the number of emergency calls reported by the victims of domestic violence; whereas the requirement to stay at home and the alarming upsurge in the ‘shadow’ pandemic of gender-based violence made it difficult for women and children to access effective protection, support services and justice and revealed that support resources and structures were insufficient and that victims had limited access to support services, with many left without adequate and timely protection; whereas the Member States should share best practices in specific measures to provide timely and accessible assistance to victims, including setting up emergency texting systems or creating contact points to seek help in pharmacies and supermarkets; whereas for various reasons, in spite of the prevalence of the phenomenon, intimate partner violence against women has been going under-reported in the EU by the victims and their families, friends, acquaintances and neighbours, especially during the COVID-19 pandemic; whereas there is a significant lack of comprehensive, comparable and gender-disaggregated data, making it difficult to fully assess the impact of the crisis;

| T. | whereas children’s rights continue to be violated in the Member States as a result of violence, abuse, exploitation, poverty, social exclusion and discrimination based on religion, disability, gender, sexual identity, age, ethnicity, migration or residence status; whereas almost 25 % of children under 18 are at risk of poverty or social exclusion in the EU; whereas poverty deprives children of educational opportunities, childcare, healthcare, adequate food and housing, family support and even protection from violence and can have very long-lasting effects; whereas as the EU Agency for Fundamental Rights has pointed out, fighting child poverty is also a matter of fundamental rights and legal obligations; whereas the promotion of child rights is an explicit objective of EU policies and the Charter, which requires that the best interests of the child be a primary consideration in all EU action; |
| --- | --- |

T.

whereas children’s rights continue to be violated in the Member States as a result of violence, abuse, exploitation, poverty, social exclusion and discrimination based on religion, disability, gender, sexual identity, age, ethnicity, migration or residence status; whereas almost 25 % of children under 18 are at risk of poverty or social exclusion in the EU; whereas poverty deprives children of educational opportunities, childcare, healthcare, adequate food and housing, family support and even protection from violence and can have very long-lasting effects; whereas as the EU Agency for Fundamental Rights has pointed out, fighting child poverty is also a matter of fundamental rights and legal obligations; whereas the promotion of child rights is an explicit objective of EU policies and the Charter, which requires that the best interests of the child be a primary consideration in all EU action;

| U. | whereas the COVID-19 pandemic placed an unprecedented strain on children and families across the EU, especially those who were already economically or socially disadvantaged; whereas children from disadvantaged socio-economic backgrounds often lack adequate IT equipment, internet access and the appropriate working space and conditions, which exacerbated existing learning inequalities during the pandemic; whereas the COVID-19 pandemic and the measures taken in response to it have increased the risk of children being exposed to violence, including technology-facilitated child sexual exploitation and abuse; whereas although fewer child asylum applications have been submitted, children’s reception conditions have remained inadequate in several Member States; |
| --- | --- |

U.

whereas the COVID-19 pandemic placed an unprecedented strain on children and families across the EU, especially those who were already economically or socially disadvantaged; whereas children from disadvantaged socio-economic backgrounds often lack adequate IT equipment, internet access and the appropriate working space and conditions, which exacerbated existing learning inequalities during the pandemic; whereas the COVID-19 pandemic and the measures taken in response to it have increased the risk of children being exposed to violence, including technology-facilitated child sexual exploitation and abuse; whereas although fewer child asylum applications have been submitted, children’s reception conditions have remained inadequate in several Member States;

| V. | whereas under Article 47 of the Charter, the fundamental right to an effective remedy requires access to an independent tribunal; whereas political influence or control of the judiciary and similar barriers to the independence of individual judges have repeatedly resulted in the judiciary being unable to fulfil its role as an independent check on the arbitrary use of power by the executive and legislative branches of government; whereas an effective, independent and impartial judicial system is essential to ensure the rule of law and the protection of the fundamental rights and civil liberties of citizens in the EU; |
| --- | --- |

V.

whereas under Article 47 of the Charter, the fundamental right to an effective remedy requires access to an independent tribunal; whereas political influence or control of the judiciary and similar barriers to the independence of individual judges have repeatedly resulted in the judiciary being unable to fulfil its role as an independent check on the arbitrary use of power by the executive and legislative branches of government; whereas an effective, independent and impartial judicial system is essential to ensure the rule of law and the protection of the fundamental rights and civil liberties of citizens in the EU;

| W. | whereas the COVID-19 pandemic illustrated the failure to address the situation of persons held in pre-trial detention; whereas while practices related to the use of pre-trial detention during the COVID-19 pandemic varied from Member State to Member State, in a number of Member States delays in court hearings and investigations resulted in longer periods of pre-trial detention; whereas persons deprived of their liberty were more vulnerable to the COVID-19 outbreak than the general population because of the confined conditions in which they lived for prolonged periods of time; whereas court closures and/or delays to hearings and investigations caused confusion and uncertainty for the suspects, especially those in detention, who had little to no idea when their trial would take place and for how much longer they would be detained; |
| --- | --- |

W.

whereas the COVID-19 pandemic illustrated the failure to address the situation of persons held in pre-trial detention; whereas while practices related to the use of pre-trial detention during the COVID-19 pandemic varied from Member State to Member State, in a number of Member States delays in court hearings and investigations resulted in longer periods of pre-trial detention; whereas persons deprived of their liberty were more vulnerable to the COVID-19 outbreak than the general population because of the confined conditions in which they lived for prolonged periods of time; whereas court closures and/or delays to hearings and investigations caused confusion and uncertainty for the suspects, especially those in detention, who had little to no idea when their trial would take place and for how much longer they would be detained;

| X. | whereas international law confirms that one cannot be detained for the sole reason of being an asylum seeker; whereas detention must therefore be used only as a last resort and only for a justified purpose; whereas for de jure as well as de facto stateless persons, their lack of legal status or documentation means that they risk being held indefinitely, which is unlawful under international law; |
| --- | --- |

X.

whereas international law confirms that one cannot be detained for the sole reason of being an asylum seeker; whereas detention must therefore be used only as a last resort and only for a justified purpose; whereas for de jure as well as de facto stateless persons, their lack of legal status or documentation means that they risk being held indefinitely, which is unlawful under international law;

| Y. | whereas the EU strategy on victims’ rights (2020-2025) must provide a framework for action to prevent legal and social impunity, increasing the security and protection of fundamental rights of all EU citizens; |
| --- | --- |

Y.

whereas the EU strategy on victims’ rights (2020-2025) must provide a framework for action to prevent legal and social impunity, increasing the security and protection of fundamental rights of all EU citizens;

| Z. | whereas safeguarding biodiversity and ecosystems is fundamental to climate-resilient development, with 2021-2030 having been designated the UN Decade on Ecosystem Restoration; whereas the Commission has announced that the adoption of crucial legislative initiatives on environmental protection, including a flagship law on nature restoration, has had to be postponed by several months; whereas the European Green Deal aims to protect, conserve and enhance the EU’s natural capital and protect the health and well-being of its citizens from environment-related risks and impacts; whereas a number of the proposed legislative initiatives will have a positive impact on the level of environmental protection, as enshrined in Article 37 of the Charter; |
| --- | --- |

Z.

whereas safeguarding biodiversity and ecosystems is fundamental to climate-resilient development, with 2021-2030 having been designated the UN Decade on Ecosystem Restoration; whereas the Commission has announced that the adoption of crucial legislative initiatives on environmental protection, including a flagship law on nature restoration, has had to be postponed by several months; whereas the European Green Deal aims to protect, conserve and enhance the EU’s natural capital and protect the health and well-being of its citizens from environment-related risks and impacts; whereas a number of the proposed legislative initiatives will have a positive impact on the level of environmental protection, as enshrined in Article 37 of the Charter;

Rule of law and fundamental rights

| 1. | Underlines the fact that the rule of law is a cornerstone of democracy, maintains the separation of powers, ensures accountability, contributes to trust in public institutions and guarantees the principles of legality, legal certainty, prohibition of the arbitrary nature of executive powers, judicial independence, impartiality and equality before the law; stresses that the rule of law and judicial independence in particular are critical for citizens’ ability to enjoy their fundamental rights and freedom; |
| --- | --- |

1.

| 2. | Reiterates that the rule of law, media freedom and pluralism and combating corruption effectively lay at the foundation of our societies and are core values of the EU which affect all fundamental rights; notes with regret, however, that violations of these principles are persistent across some Member States and pose a serious threat to the fair, legal and impartial distribution of EU funds; |
| --- | --- |

2.

| 3. | Considers that the rule of law is intimately linked to respect for democracy and fundamental rights and highlights that the deterioration of any of these values constitutes an attack on the pillars of the Union as stipulated in TEU; reiterates its numerous calls to broaden the scope of the Commission’s annual rule of law reports to include all Article 2 TEU values in order to provide a holistic overview of the situation in all Member States; calls on the Commission to make use of all tools at its disposal, including the procedure envisaged under the Rule of Law Conditionality Mechanism, to address these violations of the principles of the rule of law, democracy and fundamental rights; |
| --- | --- |

3.

| 4. | Strongly condemns the severe violations of the principles of the rule of law in some Member States, which are causing serious danger in relation to fundamental rights and freedoms; considers that in some cases these violations are of a systemic nature; emphasises the link between deteriorating rule of law standards and violations of fundamental rights, such as those perpetrated in the area of the judiciary, attacks against journalists and free media, including the use of excessive force by law enforcement authorities during protests and at the EU’s borders, the lack of guarantees and due process for detainees, incitement to hatred by political actors, an increase in the power of authorities to carry out mass surveillance and the widespread collection of intercepted data, and restrictions imposed on civil society organisations receiving foreign funding or based on their religious affiliation; further condemns the efforts of some Member State governments to weaken the separation of powers and the independence of the judiciary; expresses its deep concern, in particular, about decisions which call into question the primacy of European law and calls on the Commission to use all available means to take action against these attacks; |
| --- | --- |

4.

| 5. | Highlights that pursuant to Article 2 TEU, the EU is a union based on the rule of law, and that the enforcement of EU law is crucial to ensure that citizens can properly avail themselves of their fundamental rights; regrets, in this regard, that the Commission has made less use of its enforcement toolbox, notably initiating fewer and fewer infringements; notes, therefore, that EU citizens increasingly have to turn to litigation to attain the enjoyment of their fundamental rights; calls on the Commission to support this litigation by setting up a dedicated fund on financial aid to strategic litigation for Charter rights; |
| --- | --- |

5.

| 6. | Stresses that despite its numerous resolutions and reports, and despite several infringement proceedings and decisions from the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR) in 2020 and 2021, the rule of law situation in the European Union is continuing to deteriorate; regrets the Commission’s inability to respond properly to Parliament’s manifold concerns about democracy, the rule of law and fundamental rights in several Member States; stresses the need to comprehensively monitor and enforce compliance with all Article 2 TEU values; calls on the Commission to include comprehensive monitoring in an annual report on democracy, the rule of law and fundamental rights report as part of the EU mechanism on democracy, the rule of law and fundamental rights; |
| --- | --- |

6.

| 7. | Stresses that it is essential that court sentences be enforced, both at national and EU level, and condemns the lack of compliance with the judgments of the CJEU and national courts by the public authorities concerned; emphasises that CJEU judgments must be implemented in a timely manner and as soon as possible in accordance with the Treaties, in particular those judgments that seek to prevent discrimination on the grounds of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; |
| --- | --- |

7.

| 8. | Reiterates that corruption is a serious threat to democracy, the rule of law and fair treatment for all citizens; highlights the link between corruption and fundamental rights violations in a number of areas such as the independence of the judiciary, media freedom and the freedom of expression of journalists and whistleblowers, detention facilities, access to social rights, and the trafficking of human beings; calls on the EU institutions and the Member States to resolutely fight corruption and to devise effective instruments to prevent, combat and sanction corruption and fight fraud, as well as regularly monitor the use of public funds; calls on the Commission to immediately resume its annual anti-corruption monitoring and reporting, with reference to the EU institutions and the Member States; |
| --- | --- |

8.

| 9. | Stresses that inaction and a lax approach towards oligarchic structures and the systemic violation of the rule of law weaken the entire European Union and undermine the trust of its citizens; underlines the need to ensure that taxpayers’ money never ends up in the pockets of those who undermine the EU’s shared values; |
| --- | --- |

9.

| 10. | Underlines the fact that the emergency measures that resulted in the concentration of powers and derogations of fundamental rights have increased the risk of corruption; calls on the Member States to step up their efforts to ensure that adequate legislation and institutional frameworks to combat corruption are applied effectively in practice, and that governments act with transparency and accountability; calls on the Member States, in this regard, to closely follow the guidelines issued by the Council of Europe Group of States against Corruption (GRECO) in 2020 to prevent corruption risks in the context of the pandemic; |
| --- | --- |

10.

| 11. | Regrets the fact that structural problems in some Member States with regard to independence of the judiciary and the autonomy of prosecution services undermine citizens’ access to justice and have a negative impact on their rights and freedoms; recalls that deficiencies in the rule of law in one Member State have an impact on the Union as a whole and affect the rights of all people in the EU; calls on the Member States and the EU institutions to protect judges and prosecutors from political attacks and any attempts to apply pressure on them and thus undermine their work; |
| --- | --- |

11.

| 12. | Stresses that under Article 47 of the Charter, the fundamental right to an effective remedy requires access to an independent tribunal; notes the increasing challenges posed by national constitutional courts and some politicians; insists that Member States must fully comply with EU and international law as well as the judgments of the CJEU and ECtHR, including those relating to judicial independence; condemns the failure a number of Member States, including Poland and Hungary, to comply with numerous EU laws and European court judgments; calls on the Member States to respect the crucial role of the CJEU and the ECtHR and to comply with their rulings; |
| --- | --- |

12.

| 13. | Reiterates its condemnation of the practice of prosecuting and harassing judges who are critical of the Polish Government; calls on the Polish Government to thoroughly reform the disciplinary system for judges in line with the CJEU rulings, and to reinstate all judges who have been removed from their positions by the illegal Disciplinary Chamber of the Supreme Court, including those judges who continue to be prevented from adjudicating despite having successfully appealed their suspension by the Chamber in a court of law; calls on the Polish authorities to comply with the various CJEU and ECtHR rulings regarding the composition and organisation of the illegitimate ‘Constitutional Tribunal’ and the Disciplinary Chamber of the Supreme Court in order to comply with the standards of judicial independence to which Poland has committed; |
| --- | --- |

13.

| 14. | Welcomes the infringement procedures launched by the Commission against Hungary and Poland as part of the July 2021 infringement package concerning respect for the human rights of LGBTIQ persons and breaches of EU law, which was the first time that the Commission specifically initiated infringements to safeguard their rights; takes note of the Commission’s reasoned opinion to the Hungarian Government on the ‘anti-LGBTIQ’ law and the government’s response, and calls on the Commission to proceed with the infringement by bringing the case to the CJEU; takes note of the decision of the Budapest High Court annulling the obligation to print a disclaimer in children’s books in Hungary, and calls on the Commission to monitor the development of the case with a view to assessing the necessary next steps on the infringement; is concerned over the lack of follow-up vis-à-vis infringement procedures on Polish ‘LGBT-free’ zones and a lack of sincere cooperation by the Polish authorities, and calls on the Commission to send a reasoned opinion to the Polish Government; |
| --- | --- |

14.

| 15. | Notes that in October 2021, pursuant to Article 265 TFEU, Parliament launched legal action against the Commission before the CJEU over its failure to act and apply the Rule of Law Conditionality Regulation (10), which it had requested in two resolutions in 2021 and came after the Commission offered unsatisfactory replies and attempted to play for time; regrets the fact that by the end of 2021, the Commission had not yet responded to Parliament’s call to trigger Article 6(1) of the regulation and had only sent Hungary and Poland requests for information; |
| --- | --- |

15.

| 16. | Reiterates its position on the Rule of Law Conditionality Regulation, which entered into force on 1 January 2021 and is directly applicable in its entirety in the European Union and all its Member States for all funds under the EU budget, including resources allocated since then through the NextGenerationEU EUR 800 billion temporary Recovery and Resilience Facility; recalls that the Rule of Law Conditionality Regulation provides a clear definition of the rule of law, which must be understood in relation to the other values of the Union, including fundamental rights and non-discrimination; is of the opinion that state-sponsored discrimination against minorities has a direct impact on which projects the Member States decide to spend EU money on, and therefore directly affects the protection of the financial interests of the Union; calls on the Commission to immediately trigger the procedure provided for in Article 6(1) of the Rule of Law Conditionality Regulation; |
| --- | --- |

16.

| 17. | Recalls that no proper response has yet been given to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights, which is to be governed by an interinstitutional agreement between Parliament, the Commission and the Council; calls on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement pursuant to Article 295 TFEU; |
| --- | --- |

17.

| 18. | Recognises the crucial role played by civil society organisations in the promotion and protection of the EU values enshrined in Article 2 TEU and in the Charter; stresses their key contribution to upholding the rule of law principles in the Member States, giving a voice to vulnerable and marginalised people, and ensuring access to crucial social services; acknowledges that a healthy civic space is a prerequisite for democracy, the rule of law and fundamental rights; stresses that the Union should therefore commit to preserving and fostering civic space at local, regional, national and European levels, including by adopting a dedicated strategy to that end; |
| --- | --- |

18.

| 19. | Welcomes the swift establishment of an efficient, independent and fully operational European Public Prosecutor’s Office in order to strengthen the fight against fraud in the European Union; highlights the importance of supporting and strengthening cooperation between the EU institutions, the Member States, the European Anti-Fraud Office and the European Public Prosecutor’s Office; |
| --- | --- |

19.

| 20. | Recalls that the COVID-19 pandemic, especially during its early phases, led to severe violations of the freedom of movement and freedom of work and the deterioration of working and living conditions, including for seasonal and cross-border workers throughout the Union; calls on the Member States to ensure that restrictions on fundamental rights resulting from the pandemic are lifted as soon as the public health situation allows, and that all rights and freedoms are restored in full; |
| --- | --- |

20.

| 21. | Highlights the backsliding on the rule of law in many Member States over different periods and by different levels of authority, from the level of the executive with procedures such as fast-tracking laws during state emergencies, to the local level such as pervasive abuses by policing authorities; recalls that the use of discretionary power should be controlled by judicial or other independent reviews and that the remedies available should be clear and easily accessible, particularly in the case of abuses, including access to an ombudsperson or another form of non-contentious jurisdiction; calls on the Member States to establish mechanisms to prevent, correct and penalise the abuse of discretionary powers and to provide adequate reasons for their decisions, in particular when they affect the rights of individuals; |
| --- | --- |

21.

| 22. | Is concerned that the COVID-19 pandemic and ensuing responses have had an unprecedented impact on the functioning of courts and on the ability to exercise defence rights, severely restricting lawyers ’ ability to consult with their clients; underlines the fact that access to police stations and courts was severely restricted, and many court hearings were postponed or moved online; stresses that these measures had serious implications for the ability of persons arrested, prosecuted or detained to exercise their right to a fair trial; |
| --- | --- |

22.

| 23. | Stresses that the COVID-19 pandemic does not relieve law enforcement authorities of their obligation to carefully balance the interests at stake and using their powers in a manner that complies with their human rights obligations; recalls that where violations of human rights related to policing and the use of force have taken place, Member States must conduct prompt, thorough, effective and independent investigations, and ensure that all those responsible are held accountable in fair trials; |
| --- | --- |

23.

| 24. | Expresses concern about the impact of the COVID-19 crisis on people in detention; stresses that some Member States adopted measures to reduce prison populations, but often only on a temporary basis; underlines the fact that the EU is facing a long-standing crisis in prison overcrowding, which is mainly driven by the excessive use of pre-trial detention (11); is concerned about the increasing mental health problems among people on remand; recalls that holding legally innocent persons in pre-trial detention is only acceptable as an exceptional measure of last resort and calls on the Member States to limit the reliance on pre-trial detention and to explore alternatives to it; stresses the need for EU standards on pre-trial detention, which should establish the minimum sentence necessary before imposing pre-trial detention so as to exempt minor offenders; is of the opinion that individuals should not be held in prison awaiting trial beyond the legal limit and that cases must be brought to trial within a reasonable time; calls on the Commission to propose minimum standards on prison and detention conditions in the EU; |
| --- | --- |

24.

Right to equal treatment

| 25. | Stresses with concern that discriminatory practices continue to occur, based on grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, sexual orientation and gender identity; calls on the Commission to promote public policies aimed at eliminating such discrimination, and to ensure that Council Framework Decision 2008/913/JHA on combating racism and xenophobia (12) is implemented properly and in full; believes that the Commission should initiate infringement proceedings against Member States that fail to do so; |
| --- | --- |

25.

| 26. | Highlights that, according to the EU Agency for Fundamental Rights’ annual reports on fundamental rights, many Member States pursue discriminatory institutional practices, policies and laws; calls on the Commission and the Member States to ensure the full implementation and enforcement of anti-discrimination legislation, to launch infringement proceedings against Member States that do not transpose or fully implement EU anti-discrimination legislation, and to step up measures to prevent institutional discrimination, particularly from law enforcement and the judiciary system, which may have a more serious impact on individuals from groups in vulnerable situations; recalls the urgent need to extend protection against discrimination beyond employment through a horizontal and intersectional approach; urges the Commission and the Council to unblock the Equal Treatment Directive without further delay and without lowering standards; |
| --- | --- |

26.

| 27. | Stresses that, according to the EU Agency for Fundamental Rights’ report on fundamental rights 2021, Member States should significantly improve the effectiveness of their measures and institutional arrangements to apply the Racial Equality Directive (13) correctly and in full, in particular by enhancing the independence of equality bodies by ensuring they have the proper mandate and resources they need to effectively carry out the tasks assigned to them in the EU’s non-discrimination legislation; |
| --- | --- |

27.

| 28. | Urges the Commission to step up its efforts to combat racism, including by proposing ambitious legislation; further calls on the Commission to ensure a proper follow-up of the EU anti-racism action plan 2020-2025 (14) and to put in place efficient monitoring and evaluation mechanisms to measure progress; |
| --- | --- |

28.

| 29. | Welcomes the fact that the Commission appointed a victims’ rights coordinator, adopted its first victims’ rights strategy and set up a victims’ rights platform; stresses, however, that challenges to access to justice, particularly for victims in vulnerable situations, and to judicial independence have persisted in several Member States; |
| --- | --- |

29.

| 30. | Calls for a mainstreaming mechanism for cooperation and coordination for EU and national equality policies, ensuring that all kinds of discrimination, especially intersectional forms of it, are taken into account in the review and adoption of policies, including through equality impact assessments in a regular and transparent manner in accordance with clear goals and timelines, on the basis of the evidence and by using performance indicators; calls for the establishment of close cooperation with the relevant stakeholders, support organisations, communities and people facing discrimination while ensuring adequate resources to undertake action and monitoring measures; |
| --- | --- |

30.

| 31. | Condemns the increase in attacks on LGBTIQ people and urges the Member States and the Commission to take measures to put an end to these attacks and to guarantee effective equality for LGBTIQ people in all areas; |
| --- | --- |

31.

| 32. | Condemns the approach taken by some EU governments to adopt legislation through fast-track procedures with no public consultations or even, in exceptional cases, constitutional changes as a means of legitimising discriminatory policies that could otherwise not be legislated upon, such as provisions specifically aimed at LGBTIQ persons; notes that the changes approved to the Hungarian constitution and the ‘anti-LGBTIQ’ bill adopted by the Hungarian Parliament in June 2021 are notable examples of encroachment on the right to equal treatment and the principle of non-discrimination; welcomes the fact that 18 Member States published a joint statement condemning the anti-LGBT amendments in Hungary’s Child Protection Law; welcomes the fact that 16 Member States reiterated their support for the fight against discrimination against LGBTIQ people; stresses that the promotion of the European project unquestionably includes the promotion of tolerance, acceptance, non-discrimination and equal treatment; |
| --- | --- |

32.

| 33. | Is concerned about reports of excessive force, police brutality and misconduct against Romani people across the EU, in line with the findings of the EU Agency for Fundamental Rights published in 2020, which also revealed that Romani people have to endure widespread poverty, inadequate living conditions, poor health, exclusion from the labour market and harassment; condemns the persisting social exclusion and anti-gypsyism that lead to the disproportionate criminalisation of Romani people and calls on the Commission to put forward better legislation and specific policy measures to prevent such incidents and deliver justice for the victims, while placing the fight against anti-gypsyism at the heart of EU policies; |
| --- | --- |

33.

| 34. | Deplores the fact that a significant number of Romani people in the EU still live in marginalised settlements in extremely precarious conditions and in very poor socio-economic circumstances, often lacking access to clean drinking water, electricity, safe and adequate housing, education, employment, healthcare, sewage facilities and waste collection; recalls that the situation in Roma settlements is in clear violation of human rights and fundamental rights and has serious ramifications, especially for Romani children; urges the Member States to follow the Council recommendation on Roma equality, inclusion and participation (15) as well as the EU Roma strategic framework for equality, inclusion and participation for 2020-2030 (16) and to make full use of EU and national funding to this end; calls on the Commission to step up its monitoring of Member States’ progress and to take further steps accordingly; |
| --- | --- |

34.

| 35. | Deplores the fact that the practice segregating children from minority groups in schools remains a significant issue in Europe; emphasises that practices such as this often stem from misdiagnosing children with intellectual disabilities based on their social or personal circumstances; calls on the Member States to strengthen their inclusive policies to prevent these discriminatory practices, whether intentional or not, and to establish supervisory mechanisms to review and reverse diagnostic decisions, where necessary; |
| --- | --- |

35.

| 36. | Calls on the Member States to ensure the proper involvement of social-legal protection bodies regarding children and social guardianship in marginalised Roma communities in order to ensure that children get the protection and care they need for their well-being and development, while respecting their best interests, and to put in place procedures tailored to the different needs of marginalised Roma communities in order to carry out their duties in the same way as for children from the majority population; |
| --- | --- |

36.

| 37. | Highlights that the new EU Roma strategic framework for equality, inclusion and participation sets ambitious targets in seven key areas: non-discrimination, inclusion, participation, education, employment, health and housing, and serves as a stronger monitoring framework with a range of quantifiable and measurable targets to track progress; urges the Commission to ensure proper follow-up to the strategy and progress; further urges the Commission and the Member States to enforce the prohibition of racial or ethnic profiling in law enforcement, counter-terrorism measures and migration controls, as well as police violence, and to ensure accountability; |
| --- | --- |

37.

| 38. | Is worried that terrorism and counter-terrorism policies may have led to discrimination and hostility against certain groups, including communities of colour, Muslim communities, anti-racism movements, activists and organisations; regrets that in some cases those policies include delegitimising, criminalising or attempting to criminalise political, religious and other discourses, which could result in discriminatory law enforcement practices, such as racial and religious profiling, and wider social effects such as self-censorship and shrinking the space for civil society; |
| --- | --- |

38.

| 39. | Welcomes the Commission’s decision to organise a public consultation on updating Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime (17) as part of the EU strategy on victims’ rights (2020-2025), with the aim of effectively enhancing the assistance and protection provided to victims, including the victims of terrorism, and recognising the importance of preserving their dignity; calls on the institutions concerned to provide safeguards to prevent any subsequent victimisation derived from humiliation and attacks on the image of the victims coming from social sectors related to the attacker; |
| --- | --- |

39.

| 40. | Reiterates its calls on all EU institutions and Member States to effectively address challenges such as the sexual exploitation of children, child pornography, the protection of unaccompanied migrant children, the situation of institutionalised disabled children, the protection of children who have suffered domestic abuse and workplace exploitation, and missing children; |
| --- | --- |

40.

| 41. | Welcomes the fact that the Commission heeded Parliament’s recommendations and adopted an ambitious strategy for the rights of persons with disabilities for the period 2021-2030 (18); reaffirms the fundamental importance of implementing the proposed measures and of further developing national measures in order to ensure that people with disabilities are not disadvantaged or discriminated against in terms of employment, education and social inclusion and that their rights as envisaged in the UN Convention on the Rights of Persons with Disabilities are fully guaranteed; |
| --- | --- |

41.

| 42. | Is deeply concerned about the rise of poverty and social exclusion, particularly as a consequence of the COVID-19 pandemic, as well as hate speech and hate crime; expresses further concern about the particular and unprecedented strain that the pandemic has placed on individuals in vulnerable situations, including women, individuals from racialised groups, migrants and people with disabilities; expresses deep concern that the COVID-19 crisis was increasingly used as a pretext to attack groups in vulnerable situations, including migrants, people from immigrant backgrounds and Romani people, who are already subjected to racial and ethnic discrimination, hate speech and hate crime; |
| --- | --- |

42.

| 43. | Emphasises that the COVID-19 pandemic revealed major gaps in the capacity and preparedness of Member States’ healthcare, education, employment and social protection systems; strongly believes that Member States must greatly improve their healthcare, social welfare and social assistance systems to ensure they provide full support for all, notably more vulnerable people, even during a crisis, thereby adequately protecting the health, economic and social rights of all; |
| --- | --- |

43.

| 44. | Regrets the fact that the COVID-19 pandemic disproportionately affected marginalised Roma communities due to poor housing conditions, limited access to water, electricity and sanitation, and a lack of access to internet and appropriate IT equipment, which left younger Romani people lagging behind school education even further; is particularly concerned that the impact of the COVID-19 pandemic on Romani people amplified inequalities and fuelled prejudice, including cases of police violence; notes with regret that the Roma population was scapegoated on many occasions during the pandemic; notes that they were exposed to stigmatisation, discrimination and hate speech linking the virus to their ethnicity; deplores the fact that some media and social networks often portrayed Romani people as a public health hazard responsible for spreading the virus; calls on the Commission and the Member States to step up their policies to address the poverty and social exclusion that Roma communities have to endure, paying particular attention to the rights of Romani women and children; |
| --- | --- |

44.

| 45. | Stresses that housing is a fundamental necessity and that access to housing, particularly housing assistance, is a fundamental right, as citizens who lack housing cannot participate fully in society or avail themselves of all of their fundamental rights; calls on the Member States to accept, without delay, that they should be bound by Article 31 of the revised European Social Charter on the right to housing; expresses particular concern that young people are deprived of housing due to the huge increase in house prices, especially in certain urban areas; |
| --- | --- |

45.

| 46. | Recognises that poverty is another form of discrimination that leads to the violation of fundamental rights, especially of those groups whose rights are already most affected, such as women, migrants, Black people and people of colour and ethnic minorities, the LGBTIQ community and children; highlights the particular vulnerability of children and the impact that poverty has on them and on their physical and psychological development; calls on the Commission, the Council and the Member States to develop policies to reduce poverty, paying particular attention to children; calls on the Member States to guarantee access to healthcare, quality education and housing on an equal footing for all and to put an end to the reduction of public services, which has led to higher rates of poverty and above all inequality; recalls that economic and social rights are fundamental rights; reiterates its call on the Council and the Commission to consider fundamental rights while making economic policy proposals; |
| --- | --- |

46.

| 47. | Stresses that the Member States should take steps to guarantee the right to a good-quality job that can be reconciled with one’s personal and family life and development, as this is the best way to end poverty; recognises that this right is clearly violated in the case of labour exploitation and abuse; calls on the Member States to strengthen labour inspections and to take measures to end labour abuse; calls on the Commission to look into what steps are needed for the EU to accede to the European Social Charter and to propose a timeframe to that end; |
| --- | --- |

47.

| 48. | Is concerned about the lack of progress as regards precarious working conditions in care services, which has dramatic consequences for older people, who need these services to live dignified lives and remain integrated in society; calls on the Commission and the Member States to strengthen their efforts to combat all forms of discrimination against older people and to guarantee their needs and rights; underlines the importance of supporting initiatives linked to active ageing; |
| --- | --- |

48.

| 49. | Emphasises that the availability of online services throughout the EU is one of the fundamental preconditions for full societal inclusion in Europe; observes that some parts of the EU are still not covered by good-quality online services, most often in rural areas, which could serve to further widen the gap in inequality among Europeans; encourages the Commission and the Member States to accelerate the EU’s digital transformation, which should focus on the well-being of all generations equally and address safety online; |
| --- | --- |

49.

| 50. | Recalls the importance of systematically collecting mandatory and disaggregated equality data and developing indicators to measure and report on the progress of the EU strategies against racism and discrimination; calls on the Commission and the Member States to step up their efforts in this regard; calls on the Commission and the Member States to collect equality data disaggregated by racial and ethnic origin, as well as other protected characteristics, in order to document racism and develop public policies that meet the needs of the people affected in a real and effective way, while fully respecting the fundamental right to privacy, the protection of personal data and the relevant EU and national legislation; |
| --- | --- |

50.

Structural racism

| 51. | Recognises and condemns the existence of structural racism in the EU due to stereotypes perpetuated by discourses that discriminate against ethnic minorities in all areas of their lives; is deeply concerned by individual, structural and institutional forms of racism and xenophobia in the EU and rising discrimination against Arabs, Black Europeans, people of Asian descent, Jewish people, Muslims, and Romani people; urges the Member States to put an end to discriminatory institutional practices, policies and laws; |
| --- | --- |

51.

| 52. | Underlines the fact that the Black Lives Matter movement mobilised societies across the globe to address racism and discrimination by law enforcement authorities; recalls its resolution of 19 June 2020 on the anti-racism protests following the death of George Floyd (19), which reaffirmed that Black Lives Matter; reiterates its support for the widespread protests against racism and discrimination that took place in European capitals and cities all over the world following the death of George Floyd in 2020; supports the protesters’ call to take a stand against oppression and structural racism in Europe; welcomes the appointment of the EU Anti-Racism Coordinator in May 2021, the organisation of the EU Anti-Racism Summit, the creation of a permanent forum for consultation with civil society on anti-racism and the Council conclusions of 4 March 2022 on combating racism and antisemitism; welcomes, in addition, the Commission’s recognition, for the first time, of the existence of structural racism in its EU anti-racism action plan for 2020-2025 and the setting out of concrete measures for tackling racism and ethnic discrimination in the EU; |
| --- | --- |

52.

| 53. | Urges the EU institutions and the Member States to tackle the root causes of structural racism; calls on the Commission and the Member States to implement measures to address persisting structural inequalities in key areas such as the criminal justice system, education, housing, employment, healthcare, goods and services; underlines the important role of education and the media in countering racist narratives and deconstructing prejudices and stereotypes; calls on the Commission and the Member States to promote anti-racism training; |
| --- | --- |

53.

| 54. | Calls on the Member States to adopt national action plans against racism by the end of 2022 and prioritise action to tackle a lack of access to justice and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which need to be acknowledged as major barriers to the full enjoyment of fundamental rights and key barriers to inclusion and equality; asks the Commission to monitor and ensure proper follow-up to these national action plans and the EU action plan; further asks the Commission to monitor and take action against racism and discrimination in the Member States, including by initiating infringement procedures to promote the effective application of legislation; |
| --- | --- |

54.

| 55. | Highlights the growing racist and xenophobic sentiments espoused by some opinion leaders, politicians and the media, which has contributed to the creation of a hostile environment for advocates and organisations working against racism; calls on the Member States to fully transpose and apply Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law; encourages the Member States to take the necessary measures to ensure that a racist or xenophobic motive is considered an aggravating circumstance or, alternatively, that the courts may take such a motive into consideration in determining the penalties; |
| --- | --- |

55.

| 56. | Is extremely concerned about the existence and continuous spread of extreme right-wing movements in the EU, especially neo-fascist and neo-Nazi groups; calls on the Member States to take urgent measures to effectively ban these groups; calls, meanwhile, for more research into the foundations, membership base and in particular the funding behind these groups with the aim of identifying possible foreign interference; stresses the need to devote greater space in history curricula to objective and factual learning about different racial or ethnic ideologies, such as slavery, colonialism or fascism, and their forms and origins, including the misuse of science for their justification, as well as their consequences and possible remnants in present times in order to combat the repeated resurgence of these ideologies; |
| --- | --- |

56.

| 57. | Recalls the need to pay close attention to digitalisation and the potential social biases that can be introduced in new technologies; highlights the need to address the potential risks of AI not as a technological problem, but a societal one, especially for individuals from racialised groups; calls on the Commission and the Member States to put in place measures to prevent new technologies, including AI, from exacerbating discrimination, existing inequalities and poverty; calls on the Commission and the Member States to ensure that AI systems are guided by the principles of transparency, explainability, fairness and accountability and that independent audits are carried out to prevent these systems from exacerbating racism; further calls on the Commission and the Member States to tackle the gender and diversity gap in ICT and science, technology, engineering and mathematics (STEM), particularly in the development of new technologies including AI, and in decision-making positions in particular; |
| --- | --- |

57.

| 58. | Urges the Member States to ensure the full implementation of the Racial Equality Directive and Employment Equality Directive (20) in order to combat persisting racism against people of different origins, ethnicity or colour; condemns the fact that racial, ethnic, linguistic and religious minorities still face deep-rooted structural and institutional racism, discrimination, hate crime and hate speech, a lack of access to justice, and sustained socio-economic inequalities which are major barriers to their fully enjoying their fundamental rights, social inclusion and equality as EU citizens in all spheres of life, including housing, education, healthcare and employment; |
| --- | --- |

58.

Gender-based violence, women’s rights and the rights of LGBTIQ+ people

| 59. | Denounces the fact that gender-based violence is one of the most widespread forms of violence in the EU, with EU surveys revealing that one in three women in the Union — 62 million women in total — has suffered physical or sexual violence at some point since the age of 15 and that more than half (55 %) have suffered sexual harassment; points out that gender-based violence is a form of discrimination and a violation of fundamental rights, as well as the result of gender stereotypes, heteropatriarchal structures, power asymmetries and structural and institutional inequalities; underlines the importance of applying an intersectional and victim-centred approach to all policies and measures to address gender-based violence; calls on the Commission and the Member States to advance their efforts in that direction; |
| --- | --- |

59.

| 60. | Stresses the importance of combating gender-based violence in all its forms and advancing gender equality and women’s rights; welcomes the Commission proposal of 8 March 2022 for a directive on combating violence against women and domestic violence (21), which proposes measures on the criminalisation of certain forms of violence, including the criminalisation of rape based on lack of consent and certain forms of cyberviolence, as well as measures to protect victims and improve access to justice, victim support and prevention, and includes provisions on intersectionality; underlines the cross-border dimension of gender-based violence and insists that gender-based violence must be tackled at a European level; calls on the Commission to add gender-based violence to the list of particularly serious crimes enshrined in Article 83(1) TFEU; |
| --- | --- |

60.

| 61. | Urges the Council to conclude the Union’s ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); regrets the fact that Bulgaria, Czechia, Hungary, Latvia, Lithuania and Slovakia have not yet ratified the convention and reiterates its call on those countries to do so; points out that the Istanbul Convention should be understood as the minimum standard to eradicate gender-based violence; strongly condemns the attempts by some Member States, in particular Poland, to revoke the measures already taken to implement the Istanbul Convention and in combating violence and to resile from the convention; |
| --- | --- |

61.

| 62. | Condemns the actions of anti-gender and anti-feminist movements that systematically attack women’s and LGBTIQ rights; urges the Commission to ensure that civil society organisations supported and funded by the Union do not promote gender discrimination; welcomes the first ever EU LGBTIQ equality strategy and further condemns the increasing cases of discrimination, hate crime and violence against LGBTIQ people; asks the Commission to ensure proper follow-up of the strategy; |
| --- | --- |

62.

| 63. | Condemns the continuous and persistent backlash against women’s rights in some Member States, particularly Poland, Slovakia, Croatia and Lithuania, including against sexual and reproductive health and rights; recalls that reproductive coercion and the denial of safe and legal abortion care is also a form of gender-based violence; underlines the fact that the ECtHR has ruled on several occasions that restrictive abortion laws and the lack of implementation violates the human rights of women and girls and their bodily autonomy; denounces the lack of access to abortion for women in many countries, and condemns the deaths of at least four women in Poland due to the application of regulations prohibiting abortion in virtually all circumstances; urges the Member States to take effective steps to remedy such existing violations of human rights and women’s rights and to put the necessary mechanisms in place to prevent their occurrence in future; calls on the Commission to consider abortion a fundamental right, to remove any obstacles to its access and to ensure that it is carried out in public healthcare systems and to place greater emphasis on sexual and reproductive health and rights in its annual rule of law reports; |
| --- | --- |

63.

| 64. | Strongly condemns the discrimination and segregation of Romani women in maternal healthcare facilities; welcomes the fact that Czechia adopted a compensation law for the victims of forced and illegal sterilisation, and notes that the Government of Slovakia took a step forward in 2021 by issuing an apology, but for the moment no compensation law has been proposed; considers that the right to access healthcare, in particular sexual and reproductive health, constitute fundamental rights for women which should be reinforced and should in no case be diminished or taken away; |
| --- | --- |

64.

| 65. | Calls on all Member States to respect the bodily autonomy of all people, in particular by banning intersex genital mutilation, so-called ‘conversion therapy’ practices, and the forced sterilisation of trans people as a precondition for being granted legal gender recognition; reiterates that gender recognition laws should be adopted in accordance with international human rights standards, thereby making gender recognition accessible, affordable, administrative, quick and based on self-determination; |
| --- | --- |

65.

| 66. | Stresses the need to recognise all partnerships for the purposes of freedom of movement, including for non-EU partners of EU nationals; is alarmed at the continuing non-implementation of the CJEU judgment in Case C-673/16, Coman and Hamilton, which recognised that the term ‘spouse’ includes same-sex spouses under EU laws on freedom of movement; points to the submission of a complaint to the Commission in relation to an identical case (A.B. and K.V. v Romania — application No 17816/21) stresses that the Commission’s inaction has resulted in the Coman and Hamilton plaintiffs bringing the case to the ECtHR in an attempt to secure legal redress (Coman and others v Romania — application No 2663/21); reiterates its call on the Commission to open infringement procedures over the non-implementation of the Coman and Hamilton case; |
| --- | --- |

66.

| 67. | Welcomes the Commission’s commitment to publishing a proposal for a regulation in 2022 on the mutual recognition of parenthood between Member States, which will aim to create legal certainty for rainbow families across the EU; |
| --- | --- |

67.

| 68. | Highlights the worrying increase in gender-based violence and domestic violence during the COVID-19 pandemic; commends the swift responses by some national, regional and local governments to put in place measures to help the victims of domestic violence, such as increasing the number of helplines and information sharing, and introducing codeword schemes at pharmacies, pop-up counselling centres at grocery shops or concealed applications to facilitate the reporting of domestic violence and abuse; points out, however, the general lack of shelters or other safe accommodation options for survivors; urges the Member States, therefore, to allocate adequate funding to existing shelters to help them increase their capacities, as well as facilitate the establishment of additional shelters and safe housing facilities for survivors, including for accompanying minors; calls on the Member States, moreover, to ensure that services for survivors are regarded as essential and remain open, and are complemented by adequate and specialised training for police forces as well as targeted justice responses with the aim of increasing preparedness for the future; |
| --- | --- |

68.

| 69. | Regrets the heightened backlash against women’s and girl’s rights, with some Member States having sought to roll back sexual and reproductive health and rights, using the COVID-19 pandemic as a pretext to limit access to abortion, contraception and gynaecological services; underlines the fact that in some Member States, notwithstanding the pandemic, there have been attempts to restrict existing legal protections for women’s access to abortion care, including the introduction of regressive conditions that must be fulfilled before abortions can be administered, such as mandatory and biased counselling or waiting periods; particularly condemns the more than 20 parliamentary attempts in Slovakia to limit access to abortions during this period; strongly emphasises that services relating to sexual and reproductive health and rights must be recognised as essential and must be available, even during global health emergencies, given the time-sensitive nature of these services; |
| --- | --- |

69.

| 70. | Stresses the importance of ensuring that the response to the COVID-19 crisis incorporates a gender perspective and gender budgeting, as well as ex post gender impact assessments, as proposed in the Commission’s gender equality strategy for 2020-2025; urges the EU institutions to ensure gender mainstreaming across all EU policies and actions; |
| --- | --- |

70.

Freedoms

| 71. | Recalls the importance of upholding media freedom, pluralism and independence, ensuring the transparency of media ownership and regulating market concentration, as well as ensuring the protection of journalists; believes that binding EU rules providing robust and consistent protection for independent media and journalists from vexatious lawsuits intended to silence or intimidate them in the EU are much needed in order to help put an end to this abusive practice; calls on the Commission to step up its efforts in this regard, including proposing binding measures and protecting and promoting funding for investigative journalism; |
| --- | --- |

71.

| 72. | Condemns the use of strategic lawsuits against public participation (SLAPPs), which are being deployed to silence and intimidate human rights defenders, including LGBTI rights defenders critical of human rights abuses; highlights that SLAPPs are just one of the threats to a free and pluralist media, with others including commercial pressure and imperatives, political pressure, journalistic self-censorship on issues of particular controversy, the precariousness of journalists’ careers and the heavy workloads they face, the pressure they feel to maintain access to elite sources through uncritical reporting, and the prospect of having their professional promotions quashed if they breach unspoken and internalised assumptions regarding the proper ‘line’ to be taken on particularly controversial issues, notably when it comes to foreign policy; calls on the Member States to protect and develop an independent, pluralist and free media; condemns, in this regard, any measures aimed at silencing critical media and undermining media freedom and pluralism; underlines the urgent need to combat all SLAPPs; welcomes the Commission’s recent initiative to issue a recommendation on ensuring the protection, safety and empowerment of journalists in the European Union; calls on the Commission to deliver on the Media Freedom Act without delay; |
| --- | --- |

72.

| 73. | Is concerned about reports that some Member States’ authorities have used the Pegasus spyware for political or other unjustified purposes to spy on journalists, politicians, lawyers, civil society actors and other individuals, in violation of EU law and the values enshrined in Article 2 TEU and the Charter; is concerned about the use of Pegasus against journalists, human rights activists, opposition figures and lawyers within and outside the EU; recalls that Pegasus is just one of the many examples of programmes abused by state entities for the purpose of carrying out illicit mass surveillance against innocent citizens; welcomes the establishment of a European Parliament committee of inquiry on Pegasus, which will investigate the alleged misuse of surveillance tools and the scope of alleged violations of rights and freedoms enshrined in Article 2 TEU and the Charter and provide safeguards and recommendations; |
| --- | --- |

73.

| 74. | Highlights that smear campaigns against LGBTIQ people and civil society more broadly are more prevalent in Member States in which media freedom is under attack; strongly condemns the continuous smear campaigns in public media against judges, journalists and politicians critical of the current government, including SLAPPs, initiated by government agencies, government officials, state-owned companies or individuals with close ties to the government coalitions across Europe; urges the Commission to use all of the legislative and executive tools at its disposal to prevent these intimidatory actions, which endanger freedom of expression; calls on the Commission, in cooperation with journalists’ organisations, to monitor and report on attacks against journalists, as well as lawsuits intended to silence or intimidate independent media, and to guarantee access to the appropriate legal remedies; |
| --- | --- |

74.

| 75. | Regrets the fact that that the safety of journalists is not universally guaranteed; underlines the importance of media pluralism and the need to protect journalists against threats and attacks in order to prevent self-censorship and to assure freedom of expression and the right to information and safeguard the journalistic profession; calls on the Commission to improve the instruments for assessing measures taken by governments that may undermine freedom of information and pluralism; |
| --- | --- |

75.

| 76. | Condemns the attacks, detentions and violence against journalists during protests, who have been prevented from reporting and thus merely doing their job; expresses deep concern about the cases of police brutality during protests, particularly against journalists, and calls for accountability for these acts; calls on the Commission and the Member States to ensure the safety and protection of journalists, particularly during protests; |
| --- | --- |

76.

| 77. | Stresses that under international human rights law, certain restrictions can be lawfully placed on the right to freedom of peaceful assembly in order to protect public health or other legitimate interests, but they must be provided by law and be necessary and proportionate to a specific aim; expresses deep concern about some blanket bans on protests as well as certain prohibitions and restrictions on protests imposed during the COVID-19 pandemic, while other public gatherings of a similar size continued unaffected, as well as the use of force against peaceful protesters; is concerned about the fact that Member States have different thresholds for the use of force and weapons by law enforcement authorities for maintaining public order; calls on the Member States to protect fundamental rights when adopting restrictive measures and laws regarding the freedoms of expression, assembly and association and to facilitate an environment in which criticism is part of a healthy debate on any issue of public concern; |
| --- | --- |

77.

| 78. | Is deeply concerned about attacks, harassment, violence and threats against journalists, human rights defenders and other individuals who expose foreign interference and disinformation campaigns; urges the Member States, in the context of rapidly increasing disinformation, hoaxes and political propaganda, to include targeted age-appropriate activities in their curricula focused on the development of critical thinking, media literacy and digital skills; calls for greater emphasis to be devoted to citizenship education with a focus on fundamental rights, democracy and participation in public affairs; |
| --- | --- |

78.

| 79. | Notes that the positions of several Member States in international press freedom rankings have declined; highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; strongly condemns threats to media freedom, including harassment and attacks aimed at journalists and whistleblowers, the disregard for their legal protection as well as media capture or politically motivated actions in the media sector; |
| --- | --- |

79.

| 80. | Is deeply concerned by the further deterioration of media freedom in Hungary, Poland and Slovenia and the various reforms put in place by the ruling coalitions in order to reduce diversity and silence critical voices within the media; is further concerned by the lack of a transparent and clear set of principles for the distribution of advertising to media outlets by national, regional and local governments in some Member States; deeply regrets the deterioration in the economic situation of the media during the COVID-19 pandemic and considers that specific measures should be taken to alleviate the impact of the pandemic on media outlets; |
| --- | --- |

80.

| 81. | Expresses concern about the creation of government-controlled bodies which manage large parts of the media landscape and the hijacking of public service media outlets to serve partisan interests; recalls that where media ownership remains highly concentrated, whether in government or private hands, it constitutes a significant risk to the diversity of information and viewpoints represented in media content; recalls that freedom of expression and information, including the freedom of artistic expression, and media freedom are fundamental to democracy and the rule of law and urges Member States to guarantee the independence of their media authorities; recalls that the right to seek, receive and impart information and ideas either orally, in writing or in print, in the form of art, or through any other media, is a component of the freedom of artistic expression; |
| --- | --- |

81.

| 82. | Calls on the Commission to ensure the proper implementation of the Audiovisual Media Services Directive, paying particular regard to the independence of media regulators, transparency of media ownership and media literacy; calls on the Commission to make effective use of infringement procedures in situations where Member States implement these provisions incorrectly or incompletely; |
| --- | --- |

82.

| 83. | Notes that some measures taken by the Member States in response to COVID-19 had a severe impact on the right to privacy and data protection, that the data protection authorities were not fully consulted, that necessity and proportionality were not always clear, and that in many cases a solid legal basis was lacking and no proper evaluation took place; calls on the Commission, the European Data Protection Supervisor and the European Data Protection Board to evaluate the situation without delay; |
| --- | --- |

83.

| 84. | Expresses deep concern over weak and uneven enforcement of the General Data Protection Regulation (22), which runs the risk of the regulation becoming a paper tiger and not providing actual protection for EU citizens; deplores the fact that the Commission ignored Parliament’s call to launch infringement proceedings against Ireland for failing to properly enforce the regulation; |
| --- | --- |

84.

| 85. | Is concerned about the Commission’s internal guidelines on records management and archives, which is based on an erroneous interpretation of Regulation (EC) No 1049/2001 on access to documents (23), and over the exclusion of text messages from the scope of the rules on access to documents, which has been termed ‘maladministration’ by the European Ombudsman; regrets the fact that some Member States have thwarted the effective exercise of citizens’ right of access to documents by unnecessarily delaying or even eliminating the deadlines for documents access requests; emphasises that this has not only led to a lack of trust in authorities among EU citizens, it has also undermined media pluralism in the EU; |
| --- | --- |

85.

Situation and fundamental rights violations at the EU’s external borders

| 86. | Stresses that saving lives is a legal obligation under international and EU law; strongly condemns the criminal proceedings initiated by some Member States against civil society organisations and individuals for providing humanitarian assistance to migrants; calls on the Member States to ensure that prosecution is not pursued against individuals and civil society organisations assisting migrants for humanitarian reasons; |
| --- | --- |

86.

| 87. | Condemns the fact that some Member States have adopted laws, policies and practices that undermine the effective protection of the human rights of refugees, asylum seekers and migrants on land and at sea; calls on the Commission and the Member States to put the human rights of migrants, asylum seekers and refugees, as well as the principle of responsibility sharing, at the centre of their migration and asylum policies; |
| --- | --- |

87.

| 88. | Strongly condemns the cases of pushbacks and violations of fundamental rights and violence at the external borders of the EU towards migrants, refugees and asylum seekers, as denounced by institutions such as the International Organization for Migration (24), as well as the criminalisation of humanitarian workers and activists and the use of EU funding, which has disproportionately served to construct closed facilities and strengthen external borders; calls on the Commission and the Member States to set up a fully-fledged fundamental rights monitoring system to investigate all allegations of pushbacks and fundamental rights violations and increase the transparency of the measures taken at the external borders, as called for by the EU Agency for Fundamental Rights (25); calls on the Commission to launch infringement procedures where there are indications of pushbacks and violence; |
| --- | --- |

88.

| 89. | Expresses deep concern at the information published about the European Border and Coast Guard Agency (Frontex) acknowledging its involvement in and knowledge of pushbacks; calls on Frontex to apply Article 46 of its regulation (26) and suspend all operations in Member States where such instances take place and to provide full transparency and accountability for the organisation’s operational activities; calls on the Commission to investigate and take the necessary measures to put an end to these practices at Frontex; |
| --- | --- |

89.

| 90. | Calls on the Member States to put the right procedures in place to ensure that individuals are heard before being returned to a neighbouring Member State, and to formally notify them of the decision taken; denounces the fact that migrants and asylum seekers apprehended after crossing an internal or external EU border are not systematically heard before they are returned to a neighbouring Member State, nor are they systematically notified of such; recalls the Member States’ obligation to effectively guarantee the right to a fair trial and the right to equality before the law for all people; |
| --- | --- |

90.

| 91. | Expresses deep concern about unaccompanied minors crossing the EU’s external borders, particularly its eastern and southern borders, and calls on the Member States to pay specific attention to the situation of unaccompanied minors at these crossing points; |
| --- | --- |

91.

| 92. | Is concerned about the increased use of technology at borders, some of which can be highly intrusive; urges the Commission and the Member States to set up independent monitoring mechanisms at borders, which should also cover the monitoring of border surveillance activities, and to ensure compliance with fundamental rights; |
| --- | --- |

92.

Hate crime and hate speech

| 93. | Is concerned about the increase in hate speech and smear campaigns across the Member States, which are often perpetrated by high-ranking public officials or leading politicians and specifically target media, NGOs and certain social groups or minorities, such as LGBTIQ persons; stresses that their impact on civic space is undeniable, creating an unsafe environment for civil society and human rights defenders; is alarmed by the numerous examples of attacks on LGBTIQ offices and staff in several Member States in 2021 alone; |
| --- | --- |

93.

| 94. | Condemns all kinds of hate crime, hate speech and accusations devoid of foundation or formulated in bad faith, both offline and online, motivated by discrimination based on any grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; expresses concern over the hate crimes and crimes relating to incitement to discrimination or violence which occurred during the COVID-19 pandemic, leading to the stigmatisation of some particularly vulnerable individuals; recalls that racism and xenophobia are crimes, not opinions; |
| --- | --- |

94.

| 95. | Welcomes the Commission’s proposal for a Council decision to extend the list of EU crimes to hate speech and hate crime and calls on the Council to work diligently towards its unanimous adoption; recalls the need for the Commission and the Member States to work in cooperation with internet companies in order to provide adequate safeguards and to thoroughly implement the Code of Conduct on Countering Illegal Hate Speech Online; |
| --- | --- |

95.

Environmental protection

| 96. | Highlights Article 37 of the Charter, which affirms that measures towards achieving a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union; |
| --- | --- |

96.

| 97. | Calls on the Commission to adopt the relevant legislative initiatives without delay and to carry out the adoption of further planned legislation in accordance with the original timeline; emphasises the urgent need to factor the relevant environmental concerns into the decision-making process for all policies and initiatives; believes that sustainability must be the guiding principle of all macroeconomic policies to ensure a just transition to an environmentally sustainable economy, while protecting and creating sustainable employment, in order to deal with one of the most significant threats humanity has ever faced; |
| --- | --- |

97.

| 98. | Calls for the EU-wide implementation of the Aarhus Convention, which links environmental rights and human rights; highlights that environmental impairment and the failure of some public authorities to provide information about serious environmental risks to which individuals are exposed may have severe and harmful consequences for individuals; calls for the protection of journalists, activists, NGOs, rights defenders, whistleblowers and public watchdogs working in these fields; |
| --- | --- |

98.

o

o o

| 99. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

99.

---

(1)  OJ L 331, 20.9.2021, p. 8.

(2)  OJ C 474, 24.11.2021, p. 140.

(3)  OJ C 81, 18.2.2022, p. 43.

(4)  OJ C 99, 1.3.2022, p. 218.

(5)  OJ C 117, 11.3.2022, p. 2.

(6)  OJ C 395, 29.9.2021, p. 2.

(7)  OJ C 255, 29.6.2021, p. 7.

(8)  OJ C 61, 4.2.2022, p. 36.

(9)  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 (OJ L 95, 15.4.2010, p. 1).

(10)  Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (OJ L 433 I, 22.12.2020, p. 1).

(11)  Fair Trials, ‘Europe: Increase in pre-trail detention rates erodes rule of law’, 28 April 2021.

(12)  Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expression of racism and xenophobia by means of criminal law (OJ L 328, 6.12.2008, p. 55).

(13)  Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22).

(14)  Commission communication of 18 September 2020 entitled ‘A Union of equality: EU anti-racism action plan 2020-2025’ (COM(2020)0565).

(15)  Council recommendation of 12 March 2021 on Roma equality, inclusion and participation (OJ C 93, 19.3.2021, p. 1).

(16)  Commission communication of 7 October 2020 entitled ‘A Union of Equality: EU Roma strategic framework for equality, inclusion and participations (COM(2020)0620).

(17)  Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime (OJ L 315, 14.11.2012, p. 57).

(18)  Commission communication of 3 March 2021 entitled ‘Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030’ (COM(2021)0101).

(19)  OJ C 362, 8.9.2021, p. 63.

(20)  Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).

(21)  COM(2022)0105.

(22)  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 (OJ L 119, 4.5.2016, p. 1).

(23)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

(24)  International Organization for Migration, ‘IOM calls for end to pushbacks and violence against migrants at EU external borders’, 9 February 2021.

(25)  EU Agency for Fundamental Rights, Fundamental Rights Report 2021, April 2021.

(26)  Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard (OJ L 295, 14.11.2019, p. 1).

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/100 |
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5.4.2023

EN

Official Journal of the European Union

C 125/100

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P9_TA(2022)0326

Economic, social and territorial cohesion in the EU: the 8th Cohesion Report

European Parliament resolution of 15 September 2022 on economic, social and territorial cohesion in the EU: the 8th Cohesion Report (2022/2032(INI))

(2023/C 125/09)

The European Parliament,

| — | having regard to Articles 2 and 3 of the Treaty on European Union, |
| --- | --- |

—

having regard to Articles 2 and 3 of the Treaty on European Union,

| — | having regard to Articles 4, 162, 174 to 178, and 349 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 4, 162, 174 to 178, and 349 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (1) (Common Provisions Regulation), |
| --- | --- |

—

having regard to Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (1) (Common Provisions Regulation),

| — | having regard to Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (2), |
| --- | --- |

—

having regard to Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (2),

| — | having regard to Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (3), |
| --- | --- |

—

having regard to Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (3),

| — | having regard to Regulation (EU) 2021/1059 of the European Parliament and of the Council of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments (4), |
| --- | --- |

—

having regard to Regulation (EU) 2021/1059 of the European Parliament and of the Council of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments (4),

| — | having regard to Regulation (EU) 2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing the European Social Fund Plus (ESF+) and repealing Regulation (EU) No 1296/2013 (5), |
| --- | --- |

—

having regard to Regulation (EU) 2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing the European Social Fund Plus (ESF+) and repealing Regulation (EU) No 1296/2013 (5),

| — | having regard to Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (6), |
| --- | --- |

—

having regard to Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (6),

| — | having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (7), |
| --- | --- |

—

having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (7),

| — | having regard to the ‘Fit for 55’ package adopted by the Commission on 14 July 2021, |
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—

having regard to the ‘Fit for 55’ package adopted by the Commission on 14 July 2021,

| — | having regard to Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (8), |
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—

having regard to Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (8),

| — | having regard to Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (9), |
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—

having regard to Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (9),

| — | having regard to Regulation (EU) 2022/562 of the European Parliament and of the Council of 6 April 2022 amending Regulations (EU) No 1303/2013 and (EU) No 223/2014 as regards Cohesion’s Action for Refugees in Europe (CARE) (10), |
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—

having regard to Regulation (EU) 2022/562 of the European Parliament and of the Council of 6 April 2022 amending Regulations (EU) No 1303/2013 and (EU) No 223/2014 as regards Cohesion’s Action for Refugees in Europe (CARE) (10),

| — | having regard to Regulation (EU) 2021/1755 of the European Parliament and of the Council of 6 October 2021 establishing the Brexit Adjustment Reserve (11), |
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—

having regard to Regulation (EU) 2021/1755 of the European Parliament and of the Council of 6 October 2021 establishing the Brexit Adjustment Reserve (11),

| — | having regard to Regulation (EU) 2020/461 of the European Parliament and of the Council of 30 March 2020 amending Council Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States and to countries negotiating their accession to the Union that are seriously affected by a major public health emergency (12) (EU Solidarity Fund — EUSF), |
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—

having regard to Regulation (EU) 2020/461 of the European Parliament and of the Council of 30 March 2020 amending Council Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States and to countries negotiating their accession to the Union that are seriously affected by a major public health emergency (12) (EU Solidarity Fund — EUSF),

| — | having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (13) (‘Rule of Law Conditionality Regulation’), |
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—

having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (13) (‘Rule of Law Conditionality Regulation’),

| — | having regard to the Commission proposal of 29 May 2018 for a regulation of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context (COM(2018)0373), |
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—

having regard to the Commission proposal of 29 May 2018 for a regulation of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context (COM(2018)0373),

| — | having regard to the Commission communication of 4 February 2022 entitled ‘8th Cohesion Report: Cohesion in Europe towards 2050’ (COM(2022)0034), |
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—

having regard to the Commission communication of 4 February 2022 entitled ‘8th Cohesion Report: Cohesion in Europe towards 2050’ (COM(2022)0034),

| — | having regard to the Commission communication of 3 May 2022 entitled ‘Putting people first, securing sustainable and inclusive growth, unlocking the potential of the EU’s outermost regions’ (COM(2022)0198), |
| --- | --- |

—

having regard to the Commission communication of 3 May 2022 entitled ‘Putting people first, securing sustainable and inclusive growth, unlocking the potential of the EU’s outermost regions’ (COM(2022)0198),

| — | having regard to the Commission communication of 30 June 2021 entitled ‘A long-term Vision for the EU’s Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040’ (COM(2021)0345), |
| --- | --- |

—

having regard to the Commission communication of 30 June 2021 entitled ‘A long-term Vision for the EU’s Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040’ (COM(2021)0345),

| — | having regard to the Pact of Amsterdam establishing the Urban Agenda for the EU, agreed at the informal meeting of EU ministers responsible for urban matters held on 30 May 2016 in Amsterdam, |
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—

having regard to the Pact of Amsterdam establishing the Urban Agenda for the EU, agreed at the informal meeting of EU ministers responsible for urban matters held on 30 May 2016 in Amsterdam,

| — | having regard to the European Pillar of Social Rights, proclaimed on 17 November 2017 in Gothenburg by Parliament, the Council and the Commission, |
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—

having regard to the European Pillar of Social Rights, proclaimed on 17 November 2017 in Gothenburg by Parliament, the Council and the Commission,

| — | having regard to the UN Intergovernmental Panel on Climate Change report entitled ‘Climate Change 2022: Mitigation of Climate Change’, |
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—

having regard to the UN Intergovernmental Panel on Climate Change report entitled ‘Climate Change 2022: Mitigation of Climate Change’,

| — | having regard to the Committee of the Regions opinion of 10 December 2020 entitled ‘EU strategy for Rural Revival’ (14), |
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—

having regard to the Committee of the Regions opinion of 10 December 2020 entitled ‘EU strategy for Rural Revival’ (14),

| — | having regard to the European Economic and Social Committee (EESC) opinion of 18 September 2020 on the role of EU structural and cohesion policy in driving forward the transformation of the economy in an innovative and smart manner (15), |
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—

having regard to the European Economic and Social Committee (EESC) opinion of 18 September 2020 on the role of EU structural and cohesion policy in driving forward the transformation of the economy in an innovative and smart manner (15),

| — | having regard to the EESC opinion of 25 September 2021 entitled ‘The role of cohesion policy in combating inequalities in the new programming period following the COVID-19 crisis. Complementarities and possible overlaps with the Recovery and Resilience Facility (RRF) and national recovery plans’ (16), |
| --- | --- |

—

having regard to the EESC opinion of 25 September 2021 entitled ‘The role of cohesion policy in combating inequalities in the new programming period following the COVID-19 crisis. Complementarities and possible overlaps with the Recovery and Resilience Facility (RRF) and national recovery plans’ (16),

| — | having regard to the EESC opinion of 27 April 2021 on the role of the social economy in the creation of jobs and in the implementation of the European Pillar of Social Rights (17), |
| --- | --- |

—

having regard to the EESC opinion of 27 April 2021 on the role of the social economy in the creation of jobs and in the implementation of the European Pillar of Social Rights (17),

| — | having regard to Commission Recommendation (EU) 2021/402 of 4 March 2021 on an effective active support to employment following the COVID-19 crisis (EASE) (18), |
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—

having regard to Commission Recommendation (EU) 2021/402 of 4 March 2021 on an effective active support to employment following the COVID-19 crisis (EASE) (18),

| — | having regard to the Commission’s New European Bauhaus initiative launched on 14 October 2020, |
| --- | --- |

—

having regard to the Commission’s New European Bauhaus initiative launched on 14 October 2020,

| — | having regard to the Commission’s Catching-up Initiative (also known as the Lagging Regions Initiative) launched in 2015, |
| --- | --- |

—

having regard to the Commission’s Catching-up Initiative (also known as the Lagging Regions Initiative) launched in 2015,

| — | having regard to the UN Sustainable Development Goals established in September 2015 under the 2030 Agenda for Sustainable Development, |
| --- | --- |

—

having regard to the UN Sustainable Development Goals established in September 2015 under the 2030 Agenda for Sustainable Development,

| — | having regard to the agreement adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (Paris Agreement), |
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—

having regard to the agreement adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (Paris Agreement),

| — | having regard to its resolution of 8 March 2022 on cohesion policy as an instrument to reduce healthcare disparities and enhance cross-border health cooperation (19), |
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—

having regard to its resolution of 8 March 2022 on cohesion policy as an instrument to reduce healthcare disparities and enhance cross-border health cooperation (19),

| — | having regard to its resolution of 8 March 2022 on the role of cohesion policy in promoting innovative and smart transformation and regional ICT connectivity (20), |
| --- | --- |

—

having regard to its resolution of 8 March 2022 on the role of cohesion policy in promoting innovative and smart transformation and regional ICT connectivity (20),

| — | having regard to its resolution of 15 February 2022 on challenges for urban areas in the post-COVID-19 era (21), |
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—

having regard to its resolution of 15 February 2022 on challenges for urban areas in the post-COVID-19 era (21),

| — | having regard to its resolution of 14 September 2021 towards a stronger partnership with the EU outermost regions (22), |
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—

having regard to its resolution of 14 September 2021 towards a stronger partnership with the EU outermost regions (22),

| — | having regard to its resolution of 9 June 2021 on the gender dimension in cohesion policy (23), |
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—

having regard to its resolution of 9 June 2021 on the gender dimension in cohesion policy (23),

| — | having regard to its resolution of 20 May 2021 on reversing demographic trends in EU regions using cohesion policy instruments (24), |
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—

having regard to its resolution of 20 May 2021 on reversing demographic trends in EU regions using cohesion policy instruments (24),

| — | having regard to its resolution of 25 March 2021 on cohesion policy and regional environment strategies in the fight against climate change (25), |
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—

having regard to its resolution of 25 March 2021 on cohesion policy and regional environment strategies in the fight against climate change (25),

| — | having regard to its resolution of 13 March 2018 on lagging regions in the EU (26), |
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—

having regard to its resolution of 13 March 2018 on lagging regions in the EU (26),

| — | having regard to its resolution of 13 June 2018 on cohesion policy and the circular economy (27), |
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—

having regard to its resolution of 13 June 2018 on cohesion policy and the circular economy (27),

| — | having regard to the final report of the Conference on the Future of Europe and its recommendations, |
| --- | --- |

—

having regard to the final report of the Conference on the Future of Europe and its recommendations,

| — | having regard to the study entitled ‘EU lagging regions: state of play and future challenges’, published by its Directorate-General for Internal Policies in September 2020 (28), |
| --- | --- |

—

having regard to the study entitled ‘EU lagging regions: state of play and future challenges’, published by its Directorate-General for Internal Policies in September 2020 (28),

| — | having regard to Court of Auditors Review No 01/2020 on tracking climate spending in the EU budget, |
| --- | --- |

—

having regard to Court of Auditors Review No 01/2020 on tracking climate spending in the EU budget,

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Budgets and the Committee on Agriculture and Rural Development, |
| --- | --- |

—

having regard to the opinions of the Committee on Budgets and the Committee on Agriculture and Rural Development,

| — | having regard to the report of the Committee on Regional Development (A9-0210/2022), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development (A9-0210/2022),

| A. | whereas in the last financial period, between 2014 and 2020, cohesion policy, as the main public investment policy, supported over 1,4 million enterprises, contributed to 1 544 km of railway lines and safer roads, helped 45,5 million people to integrate into the labour market and increased GDP in the least developed regions by up to 5 %; |
| --- | --- |

A.

whereas in the last financial period, between 2014 and 2020, cohesion policy, as the main public investment policy, supported over 1,4 million enterprises, contributed to 1 544 km of railway lines and safer roads, helped 45,5 million people to integrate into the labour market and increased GDP in the least developed regions by up to 5 %;

| B. | whereas during the pandemic, the risk of unemployment, increased poverty and the gender gap were particularly pronounced in less developed EU regions; whereas the gender employment gap was almost twice that of more developed regions; |
| --- | --- |

B.

whereas during the pandemic, the risk of unemployment, increased poverty and the gender gap were particularly pronounced in less developed EU regions; whereas the gender employment gap was almost twice that of more developed regions;

| C. | whereas despite not being a crisis instrument, cohesion policy has repeatedly and efficiently helped regions to respond effectively in emergencies and to asymmetric shocks such as the COVID-19 crisis, Brexit and the current refugee crisis caused by the Russian invasion of Ukraine, including by supporting Member States on the front line when it comes to taking in refugees; whereas this emergency help should, however, not undermine the strategic approach of the funding period as a whole, as cohesion policy per se is a long-term investment policy; |
| --- | --- |

C.

whereas despite not being a crisis instrument, cohesion policy has repeatedly and efficiently helped regions to respond effectively in emergencies and to asymmetric shocks such as the COVID-19 crisis, Brexit and the current refugee crisis caused by the Russian invasion of Ukraine, including by supporting Member States on the front line when it comes to taking in refugees; whereas this emergency help should, however, not undermine the strategic approach of the funding period as a whole, as cohesion policy per se is a long-term investment policy;

| D. | whereas it is of the utmost importance that future cohesion policy be formulated on the basis of a strategy followed during the whole funding period, which could, however, be reassessed and adjusted during the mid-term review; |
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D.

whereas it is of the utmost importance that future cohesion policy be formulated on the basis of a strategy followed during the whole funding period, which could, however, be reassessed and adjusted during the mid-term review;

| E. | whereas developed eastern EU regions have been catching up with the rest of the EU, while several middle-income and less developed regions are in economic stagnation or decline, suggesting that they are in a development trap; whereas the distribution of funds should take into account the development of disparities not only between but also within Member States; |
| --- | --- |

E.

whereas developed eastern EU regions have been catching up with the rest of the EU, while several middle-income and less developed regions are in economic stagnation or decline, suggesting that they are in a development trap; whereas the distribution of funds should take into account the development of disparities not only between but also within Member States;

| F. | whereas convergence has been driven by strong growth in less developed regions, but the benefits that derive from lower costs and the returns on their investments are likely to diminish over time; whereas less developed regions will need to boost education and training, increase investment in research and innovation, and improve the quality of their institutions, while continuing to invest in infrastructure, in order to maintain steady growth, avoid falling into a development trap, close the connectivity gap, and ensure access to quality services and decent living conditions; |
| --- | --- |

F.

whereas convergence has been driven by strong growth in less developed regions, but the benefits that derive from lower costs and the returns on their investments are likely to diminish over time; whereas less developed regions will need to boost education and training, increase investment in research and innovation, and improve the quality of their institutions, while continuing to invest in infrastructure, in order to maintain steady growth, avoid falling into a development trap, close the connectivity gap, and ensure access to quality services and decent living conditions;

| G. | whereas while the number of people at risk of poverty and social exclusion fell between 2012 and 2019, 20 % of the total EU population remain at risk of poverty and social exclusion; |
| --- | --- |

G.

whereas while the number of people at risk of poverty and social exclusion fell between 2012 and 2019, 20 % of the total EU population remain at risk of poverty and social exclusion;

| H. | whereas infrastructure quality, the provision of services, access to healthcare, and transport and mobility solutions differ vastly between urban and rural regions; |
| --- | --- |

H.

whereas infrastructure quality, the provision of services, access to healthcare, and transport and mobility solutions differ vastly between urban and rural regions;

| I. | whereas cities and functional urban-rural linkages are important drivers of local and regional development, cohesion and the just transition; |
| --- | --- |

I.

whereas cities and functional urban-rural linkages are important drivers of local and regional development, cohesion and the just transition;

| J. | whereas the rising costs of raw and construction materials have a direct negative impact on many EU-funded infrastructure projects and put their implementation at risk; |
| --- | --- |

J.

whereas the rising costs of raw and construction materials have a direct negative impact on many EU-funded infrastructure projects and put their implementation at risk;

| K. | whereas demographic decline is more pronounced in rural regions, and 50 % of the EU population will be living in a region with a shrinking and ageing population by 2050; whereas these developments are likely to affect growth potential and access to services in rural areas; whereas, considering the ageing population, it is crucial to involve younger generations in the future development of their regions; |
| --- | --- |

K.

whereas demographic decline is more pronounced in rural regions, and 50 % of the EU population will be living in a region with a shrinking and ageing population by 2050; whereas these developments are likely to affect growth potential and access to services in rural areas; whereas, considering the ageing population, it is crucial to involve younger generations in the future development of their regions;

| L. | whereas brain drain disproportionately affects less developed regions and, if left unaddressed, the phenomenon will have long-term and permanent effects on the Union’s future; |
| --- | --- |

L.

whereas brain drain disproportionately affects less developed regions and, if left unaddressed, the phenomenon will have long-term and permanent effects on the Union’s future;

| M. | whereas cohesion policy is of paramount importance in government capital investment, providing more than half the total public investment funding in some Member States; whereas the support provided by the European Structural and Investment Funds (ESI Funds) should be additional to, and not replace, public expenditure by Member States; |
| --- | --- |

M.

whereas cohesion policy is of paramount importance in government capital investment, providing more than half the total public investment funding in some Member States; whereas the support provided by the European Structural and Investment Funds (ESI Funds) should be additional to, and not replace, public expenditure by Member States;

| N. | whereas the goal of a carbon-neutral Europe by 2050 at the latest should be coupled with the goal of a fair and just transition; whereas air and water pollution generally remain too high in many less developed regions; whereas all EU regions have to play a significant role in tackling the challenges of climate change, through measures coordinated with the surrounding regions; |
| --- | --- |

N.

whereas the goal of a carbon-neutral Europe by 2050 at the latest should be coupled with the goal of a fair and just transition; whereas air and water pollution generally remain too high in many less developed regions; whereas all EU regions have to play a significant role in tackling the challenges of climate change, through measures coordinated with the surrounding regions;

| O. | whereas the regional innovation divide has grown, and education, training and skills gaps between more and less developed regions are often wide; whereas skills endowments are concentrated in capital regions in particular, and a large urban-rural divide has emerged; |
| --- | --- |

O.

whereas the regional innovation divide has grown, and education, training and skills gaps between more and less developed regions are often wide; whereas skills endowments are concentrated in capital regions in particular, and a large urban-rural divide has emerged;

| P. | whereas the New European Bauhaus initiative, through the transformation of the built environment, connects the European Green Deal to living spaces in both urban and rural areas; |
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P.

whereas the New European Bauhaus initiative, through the transformation of the built environment, connects the European Green Deal to living spaces in both urban and rural areas;

| Q. | whereas disparities remain in the speed of the digital transition across Europe; whereas very high-speed internet connections are only accessible to two in three city residents and one in six rural residents; |
| --- | --- |

Q.

whereas disparities remain in the speed of the digital transition across Europe; whereas very high-speed internet connections are only accessible to two in three city residents and one in six rural residents;

| R. | whereas housing and energy prices are rising, demonstrating the need for cheaper social housing and accelerated housing renovation to fight energy poverty; |
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R.

whereas housing and energy prices are rising, demonstrating the need for cheaper social housing and accelerated housing renovation to fight energy poverty;

| S. | whereas significant progress has been made in improving employment and social inclusion, but regional disparities remain larger than before the 2008 financial crisis; whereas cohesion policy should provide efficient responses for tackling poverty and social exclusion, creating employment and growth, increasing competitiveness, promoting investment in education, including in digital education, health, research and innovation, fighting climate change and tackling demographic challenges; whereas cohesion policy can only fulfil all these tasks if it is embedded in solid funding; |
| --- | --- |

S.

whereas significant progress has been made in improving employment and social inclusion, but regional disparities remain larger than before the 2008 financial crisis; whereas cohesion policy should provide efficient responses for tackling poverty and social exclusion, creating employment and growth, increasing competitiveness, promoting investment in education, including in digital education, health, research and innovation, fighting climate change and tackling demographic challenges; whereas cohesion policy can only fulfil all these tasks if it is embedded in solid funding;

| T. | whereas the regions and areas listed in Article 174 TFEU require particular attention; whereas the specific measures and additional funding should continue for sparsely populated outermost and northernmost areas in order to offset the severe and permanent natural and demographic handicaps of these regions; |
| --- | --- |

T.

whereas the regions and areas listed in Article 174 TFEU require particular attention; whereas the specific measures and additional funding should continue for sparsely populated outermost and northernmost areas in order to offset the severe and permanent natural and demographic handicaps of these regions;

| U. | whereas cohesion policy should be implemented in line with the principles of good governance and with full respect for the common EU values set out in Article 2 TFEU, the EU Charter of Fundamental Rights and the European Code of Conduct on Partnership; whereas the rule of law has deteriorated over time in several Member States; whereas cohesion policy should contribute to the strengthening of democracy and the rule of law; |
| --- | --- |

U.

whereas cohesion policy should be implemented in line with the principles of good governance and with full respect for the common EU values set out in Article 2 TFEU, the EU Charter of Fundamental Rights and the European Code of Conduct on Partnership; whereas the rule of law has deteriorated over time in several Member States; whereas cohesion policy should contribute to the strengthening of democracy and the rule of law;

| V. | whereas the COVID-19 pandemic and the current geopolitical tensions have confirmed the need to reflect on the economic governance framework, including a temporary suspension (until 2023) and a revision of the Stability and Growth Pact, and to envisage the possibility that public spending under cohesion policy by Member States and regional and local authorities as part of the ESI funds should not be considered national or equivalent structural expenditure as defined in the Stability and Growth Pact; |
| --- | --- |

V.

whereas the COVID-19 pandemic and the current geopolitical tensions have confirmed the need to reflect on the economic governance framework, including a temporary suspension (until 2023) and a revision of the Stability and Growth Pact, and to envisage the possibility that public spending under cohesion policy by Member States and regional and local authorities as part of the ESI funds should not be considered national or equivalent structural expenditure as defined in the Stability and Growth Pact;

| W. | whereas the budget of the EUSF is nowhere near enough to mount an adequate response to major natural disasters and give expression to European solidarity with disaster-hit regions; whereas this mismatch will grow because of an expected increase in natural disasters stemming from climate change and bringing about more drastic changes in peoples’ lives; whereas contributions from EU funds only cover the restoration of the status quo ante of infrastructure and equipment, while the additional costs of rebuilding more climate-resilient structures have to be (co)financed by the Member States; |
| --- | --- |

W.

whereas the budget of the EUSF is nowhere near enough to mount an adequate response to major natural disasters and give expression to European solidarity with disaster-hit regions; whereas this mismatch will grow because of an expected increase in natural disasters stemming from climate change and bringing about more drastic changes in peoples’ lives; whereas contributions from EU funds only cover the restoration of the status quo ante of infrastructure and equipment, while the additional costs of rebuilding more climate-resilient structures have to be (co)financed by the Member States;

| 1. | Is convinced that cohesion policy can only continue to play its present role as a vector for investment and job creation, an instrument to reduce regional and intraregional disparities, and a solidarity mechanism for all EU regions if it has solid funding based on the principles of partnership and multi-level governance; stresses that this implies providing for at least the same level of funding as in the 2021-2027 financial period, also in the light of the expected recession, topped up with the Just Transition Fund (JTF) II budgetary resources; recalls that new challenges need fresh money and asks for cohesion policy to be topped up with new budgetary resources to enable Member States and regional authorities to address the different challenges and crises affecting the Union; |
| --- | --- |

1.

| 2. | Notes that Member States may make a duly justified request for further flexibility within the current framework of the Stability and Growth Pact for public or equivalent structural expenditure, supported by the public administration by way of the co-financing of investments activated as part of the European Regional Development Fund (ERDF), the Cohesion Fund (CF) and the Just Transition Fund (JTF); recalls that when defining the fiscal adjustment under either the preventive or the corrective arm of the Stability and Growth Pact, the Commission must carefully assess this request in a manner reflecting the strategic importance of investments co-financed by the ERDF, the CF and the JTF; |
| --- | --- |

2.

| 3. | Reaffirms its strong commitment to cohesion policy, which forms part of the acquis communautaire, is therefore inseparable from the European project, and is based on the principle of solidarity between Member States and regions; underlines that cohesion policy has proven itself to be a modern and flexible tool, which can quickly be deployed in emergency situations; stresses that the original aim of cohesion policy — to promote and support the ‘overall harmonious development’ of its Member States and regions — should remain the key role of cohesion policy programmes; highlights, however, that cohesion policy should not become a source of financing to make up for shortcomings in budgetary flexibility, nor face budgetary cuts in response to the crisis, and that as a long-term investment policy, cohesion policy should help to prepare regions for future challenges; |
| --- | --- |

3.

| 4. | Regrets that delays in the multiannual financial framework (MFF) negotiations led to considerable delays in the programming period, impacting management authorities and beneficiaries; urges the Commission and the Member States to speed up the adoption of partnership agreements and programmes, as the prolonged under-implementation of cohesion policy leads to an abnormal backlog in payments in the second half of the MFF implementation period, putting additional pressure on payments during the negotiations on the post-2027 MFF; calls on the Commission, therefore, to assess the legal possibility of creating two distinct parts within the Common Provisions Regulation (CPR), namely the content-related part (political) and the MFF-related part (financial resources), for the programming period post-2027; believes that the content-related part should be negotiated and concluded before the MFF-related part, to allow for management authorities to start preparing in a timely manner; underlines, within this framework, the need for the swift adoption of the next MFF, so that Member States and regional and local authorities have a clear vision of their financial envelopes and are in a position to make political choices and establish investment priorities; |
| --- | --- |

4.

| 5. | Welcomes the Recovery and Resilience Facility (RRF) as an important tool to mitigate the economic and social impact of the coronavirus pandemic and make European economies and societies more sustainable, resilient and better prepared for the challenges and opportunities of the green and digital transitions; underlines the importance of ensuring its complementarities and synergies with cohesion policy; criticises the lack of a territorial dimension within the RRF and reiterates the importance of the partnership principle within the territorial policies of the EU; regrets that the deployment of the RRF has been highly centralised and has lacked consultation with regions and municipalities and stresses that the formulation and implementation of the Union’s policies and actions must take into account the objectives set out in Article 174 TFEU and contribute to their achievement; considers, furthermore, that national recovery plans financed by the RRF should not affect the ability to mobilise the ESI Funds; |
| --- | --- |

5.

| 6. | Emphasises that the European Court of Auditors has criticised the lack of differentiation between climate mitigation and climate adaptation; stresses that future cohesion policy should include such a differentiation in the monitoring of spending and its thematic concentration; stresses that climate change represents the most serious threat to human societies all over the world and affects all regions; therefore highlights the need to step up efforts to fight climate change and enhance climate mitigation; emphasises that cohesion policy needs to support strong climate mainstreaming; |
| --- | --- |

6.

| 7. | Welcomes the Commission’s introduction of the JTF to support regions facing challenges in the transition towards carbon neutrality; urges reluctant Member States to go ahead with its implementation and calls on the Commission to draw lessons from the implementation of the JTF; asks for a new fund, JTF II, to be established in the post-2027 programming period on NUTS 3 level, with a revised allocation method; believes that the fund should be fully integrated into the CPR, while applying shared management and partnership principles; believes that regions with high CO2 per capita, as well as industries in transition, should have access to this fund, which should be endowed with more financial means than the current JTF and a wider scope; calls for the new JTF II to differentiate between climate mitigation and adaptation, and emphasises the need to design a simple architecture for future cohesion policy; |
| --- | --- |

7.

| 8. | Welcomes the idea of a ‘do no harm to cohesion’ principle, meaning that no action should hamper the convergence process or contribute to regional disparities; believes that the European Committee of the Regions should be involved in the design of this principle and that it should be set in legislation in order for the scope and modalities of its application to be clearly defined so as to establish it as a cross-cutting principle in EU policies; |
| --- | --- |

8.

| 9. | Notes that, even though cohesion policy is not a crisis instrument, an unallocated flexibility amount as high as in the current period should be maintained until after the mid-term review to strengthen regions’ resilience and responsiveness, enabling them to address new and upcoming challenges and absorb asymmetric shocks; maintains that a strong cohesion policy with increased funding should be ensured in the post-2027 MFF, but that the policy should not be used to address every new challenge; invites the Commission to propose the mobilisation of unused 2021 cohesion allocations for further flexibility as of 2022 in order to find solutions to the increased costs of EU-financed infrastructure projects (transport, energy, digital etc.); recalls that the price of raw and construction materials puts the implementation of many EU-funded infrastructure projects at risk; |
| --- | --- |

9.

| 10. | Stresses that, in the decades ahead, climate change represents the most serious threat to human societies all over the world; recalls that the rise in the number and intensity of natural disasters and extreme climate phenomena (floods, storms, cyclones, droughts, heatwaves, forest fires etc.) is already a visible and tangible consequence of climate change; considers that the costs to the Union, for each country and for each region, of not anticipating and not adapting to climate change will be extremely high; calls for a significant increase in the EUSF budget in order to help regions to anticipate and mitigate the effects of climate change and for the scope of the EUSF to be broadened so that it can also support the more climate-resilient restoration or construction of public and private infrastructure; asks the Commission to assess whether the EUSF budget can be increased through a kind of insurance in which Member States pay an annual fee based on their number of inhabitants, to be invested in safe assets and made available if crises occur; |
| --- | --- |

10.

| 11. | Believes that the co-financing rate for the ‘Investment in jobs and growth’ goal at the level of each priority should, in normal circumstances, not be higher than:






  (a) | 85 % for less developed regions and the outermost regions; |
| --- | --- | --- |

11.

(a)

85 % for less developed regions and the outermost regions;

| (b) | 75 % for transition regions, in the event that they are maintained; |
| --- | --- |

(b)

75 % for transition regions, in the event that they are maintained;

| (c) | 70 % for more developed regions; |
| --- | --- |

(c)

70 % for more developed regions;

believes that all three rates should be increased in urgency situations, using the flexibility amount;

| 12. | Takes the view that the Cohesion Fund should support those Member States whose GNI per capita, measured in purchasing power standards and calculated on the basis of Union figures for the period 2025-2027, is less than 90 % of the average GNI per capita of the EU for the same reference period; |
| --- | --- |

12.

| 13. | Stresses that GDP as the sole indicator of development fails to take into account environmental sustainability, resource efficiency, integration and social progress; recalls that in addition to economic issues, health, education, sustainability, equity and social inclusion are integral parts of the EU development model; calls for GDP to be complemented with new criteria (e.g. social, environmental, demographic), in order to give a better socioeconomic overview of the regions, address the Union’s current priorities, such as the European Green Deal and the European Pillar of Social Rights, and better reflect the ecological, digital and demographic transitions and the wellbeing of people; |
| --- | --- |

13.

| 14. | Suggests opening a reflection on the contribution of cohesion policy to the achievement of the long-term EU strategic objectives, especially in the light of the new challenges ahead; believes that the green and digital transitions remain major challenges on which we should focus our investments in order to prevent the development of new disparities; invites the Commission, the Member States and the managing authorities to strengthen dialogue and join forces in the identification of the strategic objectives on which future cohesion is expected to contribute; |
| --- | --- |

14.

| 15. | Notes that ‘rust belts’ still exist in most Member States; urges support for the industrial, social and environmental transition of these regions and believes that, to address the potentially negative impact of the transition of old industries such as steel and aluminium and to support such industries, JTF II resources should be directed towards modernising them where possible, creating smart specialisation strategies tailored to the needs of each of the regions in industrial transition, fostering innovation-led growth and ensuring the spread of growth benefits; |
| --- | --- |

15.

| 16. | Believes that, while some regions in industrial transition face specific challenges such as deindustrialisation due to the outsourcing of industrial production to emerging economies, low levels of productivity and a lack of real strategy for future-oriented occupations, other regions have comparatively strong potential, such as a tradition in manufacturing and sophisticated innovation activities in local niche industries; notes that more industrialised regions are more resilient to various economic and social shocks and calls on the Commission to develop an ambitious reindustrialisation policy for EU regions; underlines the importance of local and regional production and consumption; calls, furthermore, for a specific EU initiative to support the Union’s low-growth and poorer regions that are diverging both internally and externally from the EU average, building on the lessons learned from the Catching-up Initiative; reiterates the need for place-based policymaking via an appropriate analysis of low growth patterns and the necessary tools to address them; |
| --- | --- |

16.

| 17. | Notes that in 2019 more than a quarter of the EU population was living in a region where real GDP had still not returned to its pre-financial crisis level in 2007, in particular in Greece, Cyprus, Italy and Spain; stresses that these same countries have again been more significantly affected by the economic and social crisis caused by COVID-19; |
| --- | --- |

17.

| 18. | Stresses the importance of supporting rural areas by valuing their diversity and potential, improving transport connectivity, high-speed broadband, the provision of services, economic diversification and job creation, and helping them respond to challenges such as rural desertification, population ageing, depopulation and rural abandonment, the decline of communities in general, including city centres, and insufficient healthcare and education opportunities, while also stressing the importance of urban-rural links within the context of functional urban areas; emphasises the role in rural areas of young women in particular, which tends to be precarious; is of the opinion that the New European Bauhaus initiative would contribute to making rural areas more attractive; notes that all these measures would also help growing cities tackle the challenges they are facing; |
| --- | --- |

18.

| 19. | Stresses the importance of sustainable mobility solutions throughout the EU; calls on the Commission to promote smart and green mobility and the phasing out of fossil fuels in order to contribute to the EU Green Deal and the ‘Fit for 55’ package; highlights the importance of the Green Deal and the ‘Fit for 55’ package and notes that investments at a regional and local level are essential to their success; urges the Commission to further support climate-related spending and to bolster the ‘do no significant harm’ principle; |
| --- | --- |

19.

| 20. | Stresses the multi-dimensional nature of rural development, which goes beyond agriculture per se; insists on the need to implement a rural proofing mechanism to assess the impact of EU legislative initiatives on rural areas; notes, however, that only 11,5 % of people living in rural areas work in agriculture, forestry and fisheries; calls, therefore, for the reintegration of the EAFRD under the strategic framework of the CPR as a separate fund; emphasises that being part of the cohesion policy funds strengthens the possibilities and synergies — via an integrated, multi-fund approach — for investments in rural areas beyond agriculture and for regional development; highlights the valuable contribution to rural development made by the LEADER programme, which aims to engage local actors in the design and delivery of strategies, decision-making and resource allocation for their rural areas; |
| --- | --- |

20.

| 21. | Calls for the strengthening of Articles 174 and 349 TFEU in all Union policies in order to promote the achievement of the objectives set out therein; regrets that the 8th Cohesion Report does not pay particular attention to the progress made in achieving economic, social and territorial cohesion in regions which suffer from severe and permanent natural and demographic handicaps, such as the outermost regions, the northernmost sparsely populated regions, islands, mountainous areas and cross-border regions; recalls the vital role played by cohesion policy in the outermost regions; underlines the importance of designing tailor-made programmes and measures for these regions and stresses the need to maintain all the measures specifically designed for them, as the majority of the outermost regions are still among the less developed regions, making up 6 of the 30 EU regions with the lowest GDP per capita; reaffirms, in this context, the importance of dynamic regional cooperation in order to unleash the potential of the outermost regions; |
| --- | --- |

21.

| 22. | Is convinced that the role of small cities, towns and villages should be bolstered in order to support local economies and address demographic and climate challenges; reaffirms the importance of urban-rural linkages and of the development of strategies based on functional areas, paying particular attention to small and medium-sized towns, with the aim of preventing rural areas from shrinking; underlines the importance of implementing tailor-made territorial approaches and investing in particular in the smart villages initiative, with the aim of revitalising rural services through digital and social innovation; stresses the importance of synergies between different funding tools, such as the EAFRD, the ERDF, ESF+ and the European Maritime, Fisheries and Aquaculture Fund, to channel an adequate level of funding towards rural areas through a multi-fund approach; |
| --- | --- |

22.

| 23. | Reiterates the role of cohesion policy in harmonising and improving living conditions for all throughout the Union; notes, however, the increasing emergence of disadvantaged and impoverished areas, including within more developed regions and areas; underlines that, while cities are regional drivers of growth and transition, and living and working in them has many advantages, a high population concentration and above-average population growth in certain urban areas may also have repercussions on housing affordability, pollution levels and quality of life; therefore asks the Commission to present a proposal for the New European Bauhaus initiative to become an EU programme for the MFF post-2027, with a dedicated budget based on new resources which would provide solutions for the development of sustainable and innovative urban areas; believes that urban authorities should have direct access to EU funding in the future; reiterates the importance of safeguards that would prevent the unfair penalisation of regional and local authorities situated in countries that may be subject to the activation of the rule of law mechanism, and asks the Commission to establish avenues through which it can deliver the funds directly to their final beneficiaries; |
| --- | --- |

23.

| 24. | Highlights the importance of strengthening the bottom-up approach to rural and local development, which is a vehicle for social innovation and capacity-building, thereby empowering citizens to take ownership of the development of their areas; insists, therefore, that local and regional authorities, as well as NGOs and citizens, be fully included in the decision-making and implementation process to ensure that their needs are properly addressed; notes that the potential which exists at local level could be better mobilised by strengthening and facilitating community-led local development (CLLD); takes the view that CLLD should be mandatory for Member States; |
| --- | --- |

24.

| 25. | Emphasises that societies and economies should unlock their creative potential while addressing the challenges posed by the transition towards carbon neutrality, such as in the case of old industrial regions, which should use creative industry as a multidisciplinary catalyst for transition processes, integrating ideas from the cultural and creative industries into administrative processes; believes that managing authorities can help old industrial regions; stresses the need, therefore, to support multidisciplinary cooperation; highlights, furthermore, the importance of culture in cohesion policy, which helps to ensure lively regions and increase their attractiveness, encourage cultural exchanges, and promote diversity and solidarity; |
| --- | --- |

25.

| 26. | Notes with concern the demographic challenges faced by the EU, especially in certain regions, such as ageing populations, the depopulation of rural and remote areas, demographic pressure on other areas, such as coastal and urban areas, and migratory flows and the arrival of refugees; insists on the need to prepare an immediate response to the arrival of refugees in order to ensure their quick and easy integration; encourages Member States, furthermore, to design and implement specific measures to promote training and employment, as well as safeguard fundamental rights; stresses that local and regional authorities, professional associations and NGOs are essential to identifying and assessing specific investment needs and basic services for mobility and territorial accessibility in rural and urban areas and that they should play a decisive role as active participants in developing territorial strategies stemming from local communities; highlights the importance of including a specific budgetary response for rural areas, including for reversing negative demographic trends in relevant EU programmes; |
| --- | --- |

26.

| 27. | Underlines the need to improve the relationship between cohesion policy and EU economic governance, while avoiding a punitive approach; stresses that the European Semester should comply with cohesion policy objectives under Articles 174 and 175 TFEU; calls for the participation of the regions in the fulfilment of these objectives and for a stronger territorial approach; calls for a process of reflection on the concept of macroeconomic conditionality and for the exploration of the possibility of replacing this concept with new forms of conditionality to better reflect the new challenges ahead of us; considers that the socio-economic situation of the EU, aggravated by the consequences of the COVID-19 crisis and of the Russian aggression against Ukraine, calls for the suspension of the Stability Pact until 2023 and for its revision; |
| --- | --- |

27.

| 28. | Observes that some middle-income regions are facing a ‘middle-income trap’, and that they often suffer from shrinking and ageing populations, weak manufacturing industries, low growth, innovation, competitiveness, productivity, and institutional and government quality, a lack of progress towards a just transition and vulnerability to shocks caused by globalisation; draws attention to the worrying aggravation of this trend and urges the Commission and the Member States to take serious steps to address this challenge and to find solutions for these regions so that they are not left behind in the long term, but instead are supported in developing their specific strengths; |
| --- | --- |

28.

| 29. | Notes that many drivers of growth remain concentrated in more developed regions and urban areas; is convinced that a major challenge for future cohesion policy will be to provide appropriate support to underdeveloped regions, and that cohesion policy should both reduce disparities and prevent these regions from falling behind, by taking account of the different trends and dynamics and by providing specific budgetary support for rural areas, including for reversing negative demographic trends in relevant EU programmes; |
| --- | --- |

29.

| 30. | Notes with concern the severe drop in recent years of funding allocated by Member States to their poorer regions; recalls the importance of respecting the EU’s additionality principle; calls on the Commission to ensure that national authorities duly take into account internal cohesion while drafting and implementing ESI Fund projects; |
| --- | --- |

30.

| 31. | Emphasises that the regions in, or at risk of falling into, the middle-income trap have differing characteristics and need tailor-made solutions to boost investments in high-quality education, human capital, research and development, workforce training, social services and mitigation strategies; urges the Commission to define these regions in order to better understand the structural factors that lead to the middle-income trap, to support them through a differentiated and place-based approach and to allocate higher amounts to them under the ESF+ in the next programming period; |
| --- | --- |

31.

| 32. | Is of the opinion that simplification should be one of the key drivers of future cohesion policy; asks the Commission and the Member States to avoid putting an additional administrative burden on managing authorities and recalls the need to minimise the administrative burden for regional and local authorities and for beneficiaries; invites the Member States to avoid over-regulation, make programmes strategic and concise and instruments flexible, and make funding agreements between management authorities and the beneficiaries a tool for simplification; encourages the continued use of simplified cost options (SCOs), by possibly raising the thresholds below which the use of such SCOs should be compulsory; calls on the Member States to speed up the implementation of e-cohesion; highlights the potential of digitalisation as regards monitoring and reporting activities; invites the Commission, furthermore, to improve the transparency of its audit rules and expand the usage of the single audit principle to avoid duplication of audits and management verification of the same expenditures; believes that the relationship between the Commission and managing authorities should evolve towards a ‘contract of confidence’ built on the development and establishment of objective criteria, and considers it necessary to introduce a label to reward managing authorities that have demonstrated their ability to comply with the rules and reduce their rate of error; |
| --- | --- |

32.

| 33. | Takes the view that maintaining a proper and suitable funding allocation under the Cohesion Fund is particularly necessary for Member States with a major deficit in transport and environmental infrastructure, provided that there is shared management of the fund; |
| --- | --- |

33.

| 34. | Believes that EU, national and regional structural policies should go hand in hand with a place-based approach in order to contribute to territorial cohesion, address different levels of governance, ensure cooperation and coordination, and unleash the unique potential of regions, while recognising the need for tailor-made solutions; believes, furthermore, that cohesion policy should be geared more towards investment in people, as regional economies can be boosted by an effective mix of investments in innovation, human capital, good governance and institutional capacity; |
| --- | --- |

34.

| 35. | Notes that European territorial cooperation is a key objective of cohesion policy; highlights the added value of territorial cooperation in general and cross-border cooperation in particular; observes that border regions were particularly affected by the pandemic and that their recovery tends to be slower than that of metropolitan regions; stresses the importance, therefore, of removing obstacles to cross-border cooperation and emphasises that the European Cross-Border Mechanism (ECBM) proposed by the Commission would have helped to remove more than 50 % of the existing barriers; deeply regrets the fact that the legislative procedure relating to the ECBM has been blocked by the Council; invites the Commission to take all necessary initiatives, including relaunching the ECBM, to make this cooperation more dynamic and effective for the benefit of the people; highlights the importance of increased funding for Interreg to support the cooperation of regions across borders; therefore emphasises the importance of small-scale and cross-border projects in bringing people together; stresses the importance of cross-border investments in enhancing innovation, technology transfer, common solutions and synergies; |
| --- | --- |

35.

| 36. | Stresses the crucial role of investments in high-quality public services on building social resilience and coping with economic, health and social crises; |
| --- | --- |

36.

| 37. | Notes that cohesion policy reform for the financial period 2021-2027 has contributed to the simplified and flexible use of funding for beneficiaries and management authorities; welcomes the flexibility proposed by the Cohesion’s Action for Refugees in Europe (CARE) and Coronavirus Response Investment Initiative Plus (CRII+) proposals, which have proven that cohesion policy is an excellent tool in crisis situations; recalls, however, that cohesion policy is a long-term investment policy and a dedicated crisis response mechanism should therefore be created within the next MFF; calls on the Commission to survey the practical effects of the simplification measures and promote further simplification, including in the form of digitalisation, flexibility and the participation of citizens; therefore asks the Member States to help beneficiaries, especially beneficiaries of small-scale projects, support private initiatives as generators of jobs and research, development and innovation, and bring cohesion policy closer to all EU citizens; |
| --- | --- |

37.

| 38. | Stresses that the Rule of Law Conditionality Regulation establishes respect for the rule of law as a condition for cohesion policy funding; considers it necessary to reinforce respect for the rule of law and fundamental rights in the implementation of cohesion policy; calls on the Commission to therefore use all the tools at its disposal to establish ways to ensure that citizens of Member States towards which Article 7(1) TFEU has been triggered are not deprived of the benefits of EU funds as a result of the actions of their governments and that regional and local authorities of these Member States are not penalised where the rule of law mechanism has been activated; expects the Commission, therefore, to fully take aspects of the rule of law into consideration throughout the whole preparation and implementation process of the cohesion policy programmes; |
| --- | --- |

38.

| 39. | Calls on Member States to launch bold strategies to unlock public and private investment in green, digital and demographic transitions in order to restructure their social market economy model in a positive way for society; |
| --- | --- |

39.

| 40. | Encourages a reduction of the number of intermediate bodies involved in the management and control of cohesion funds by strengthening the coordination and competences of intermediate bodies of a critical size and identifying one-stop shops for beneficiaries, where possible; |
| --- | --- |

40.

| 41. | Stresses the need to establish a framework which guarantees legal stability through simple, clear and predictable rules, particularly as regards management and auditing; asks for any retrospective application and interpretation of the rules to be avoided as much as possible; suggests launching a process of reflection on the threshold of the total error rate for each year under which the programme’s management and control system is considered to be functioning effectively and the capacity of managing authorities to comply with this provision of the regulation without penalising beneficiaries; takes the view that this threshold should be raised to 5 %; |
| --- | --- |

41.

| 42. | Regrets that the UN SDGs seem to have progressively lost ground in the EU narrative, particularly as regards crisis mitigation effects, which is jeopardising their chances of implementation by 2030; encourages the continued strong commitment of EU cohesion policy funds to help implement the SDGs at regional and local level, e.g. with regard to the circular economy; stresses, in this context, that aspects of equality and inclusion should be strengthened even further in regional development; recalls the importance of gender mainstreaming in cohesion policy and highlights the specific role of women, in particular in remote rural areas, who play a major role in civil society and sustainable economic growth, but at the same time face difficulties in accessing the labour market, as well as equal pay, and public services, such as healthcare and childcare; |
| --- | --- |

42.

| 43. | Supports the increase in the budget allocated for the period 2021-2027 to the new cohesion policy which, in line with the strong focus on smart, green and social actions, will provide sufficient confidence for new innovative projects; calls for strong coordination between these funds and New European Bauhaus programmes and actions; |
| --- | --- |

43.

| 44. | Stresses that investment in people is crucial to helping develop their skills, encouraging their creativity and stimulating innovation, to which volunteering could certainly contribute; believes that quality, well-paid employment, along with support for (re)training should be maintained or created in order to combat poverty and encourage the integration of migrants and refugees, while strengthening social cohesion and ensuring that no one is left behind; |
| --- | --- |

44.

| 45. | Highlights the importance of upholding the partnership principle in all programming, implementation and monitoring of EU cohesion policy and of establishing strong cooperation between regional and local authorities, NGOs and other stakeholders; stresses that the Commission should be more active in protecting the cohesion policy funds from threats arising from pressure on democracy and its values in certain Member States; |
| --- | --- |

45.

| 46. | Recalls that the impact of Brexit has contributed to the disruption of the economy, interregional cooperation, research ecosystems, and education and training systems for EU regions; invites all involved to continue supporting regional and local authorities suffering from the withdrawal of the UK from the EU; considers that reflection on the cohesion policy post-2027 requires continued consideration of the lasting economic and social consequences of Brexit on EU regions; furthermore, invites the UK Government to fund the UK’s participation in the Interreg programmes; |
| --- | --- |

46.

| 47. | Recalls that Article 175 TFEU provides for Commission reporting on the progress made towards achieving economic, social and territorial cohesion every three years; considers that the combined impact of the COVID-19 crisis and the war in Ukraine will need to be assessed in detail in the 9th Cohesion Report by May 2025 at the latest; |
| --- | --- |

47.

| 48. | Calls for better access to funding to enable investments in the local energy transition, including energy efficiency, the decentralised distribution of energy and a strong focus on renewables; highlights, in this context, the need for cohesion policy to support energy-efficient renovation in order to save resources and ensure housing for all; furthermore, emphasises the need for the preservation and transformation of historically and socio-economically significant buildings; |
| --- | --- |

48.

| 49. | Calls on the Commission to consider the possibility that public cohesion policy spending by Member States and regional and local authorities under the ESI Funds should not be considered national or equivalent structural expenditure as defined in the Stability and Growth Pact, especially if they do not deviate from the fulfilment of the Paris Agreement objectives; |
| --- | --- |

49.

| 50. | Underlines that State aid rules should be aligned for EU policies so that cohesion policy programmes which need to follow all State aid rules are not put at a disadvantaged position in comparison with other EU policies that are exempt from it; furthermore, calls for the introduction, where possible, of a presumption of compliance with the State aid regime, in order to place all EU investment policies on an equal footing and avoid competition between them; |
| --- | --- |

50.

| 51. | Calls on the Commission and the Member States to continue making efforts to enhance communication and visibility by improving information exchange on operations of strategic importance and upcoming calls for proposals; welcomes the launch of the new database Kohesio and asks for the website to be made available in all EU official languages as soon as possible; stresses that Kohesio should provide data on all cohesion and territorial projects, including those related to rural development, co-financed under the EARDF and the Leader programme, and enable users to search for projects related to their thematic areas, with the aim of providing a platform that shares good practices and promotes projects of excellence; |
| --- | --- |

51.

| 52. | Stresses that other EU policies can undermine cohesion; welcomes the Commission’s view, therefore, that horizontal policies should incorporate regional proofing and invites the Commission to also assess the impact that other policies have on the effectiveness of cohesion policy; |
| --- | --- |

52.

| 53. | Highlights that cohesion policy spending, as is the case with all other EU spending, may be subject to irregular activities linked to corruption and fraud; calls for adequate financing and staffing of the relevant agencies and bodies, notably the European Public Prosecutor’s Office and the European Anti-Fraud Office, so that they can properly conduct investigations and recover misused funds; calls on the Commission to carry out an in-depth assessment to prevent any abuse of EU funds and breaches of the rule of law, and to ensure compliance with the Charter of Fundamental Rights before approving any partnership agreements and cohesion policy programmes; |
| --- | --- |

53.

| 54. | Expresses concern that the Commission’s REPowerEU proposal includes increased scope for transferring budgetary allocations to the RRF from cohesion policy; underlines that over EUR 100 billion of cohesion policy resources will be invested in energy transition, decarbonisation and renewables by 2030; calls, therefore, for an accelerated implementation of cohesion policy; |
| --- | --- |

54.

| 55. | Points to the need for an effective and harmonised EU level implementation of the contingency plan for ensuring food supply and food security in times of crisis, set out in the Commission’s communication on this (COM(2021)0689); |
| --- | --- |

55.

| 56. | Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, the European Committee of the Regions, and the national and regional parliaments of the Member States. |
| --- | --- |

56.

---

(1)  OJ L 231, 30.6.2021, p. 159.

(2)  OJ L 231, 30.6.2021, p. 60.

(3)  OJ L 231, 30.6.2021, p. 1.

(4)  OJ L 231, 30.6.2021, p. 94.

(5)  OJ L 231, 30.6.2021, p. 21.

(6)  OJ L 99, 31.3.2020, p. 5.

(7)  OJ L 347, 20.12.2013, p. 487.

(8)  OJ L 243, 9.7.2021, p. 1.

(9)  OJ L 435, 6.12.2021, p. 187.

(10)  OJ L 109, 8.4.2022, p. 1.

(11)  OJ L 357, 8.10.2021, p. 1.

(12)  OJ L 99, 31.3.2020, p. 9.

(13)  OJ L 433 I, 22.12.2020, p. 1.

(14)  OJ C 37, 2.2.2021, p. 16.

(15)  OJ C 429, 11.12.2020, p. 153.

(16)  OJ C 517, 22.12.2021, p. 1.

(17)  OJ C 286, 16.7.2021, p. 13.

(18)  OJ L 80, 8.3.2021, p. 1.

(19)  Texts adopted, P9_TA(2022)0058.

(20)  Texts adopted, P9_TA(2022)0059.

(21)  Texts adopted, P9_TA(2022)0022.

(22)  OJ C 117, 11.3.2022, p. 18.

(23)  OJ C 67, 8.2.2022, p. 16.

(24)  OJ C 15, 12.1.2022, p. 125.

(25)  OJ C 494, 8.12.2021, p. 26.

(26)  OJ C 162, 10.5.2019, p. 24.

(27)  OJ C 28, 27.1.2020, p. 40.

(28)  Study — ‘EU lagging regions: state of play and future challenges’, European Parliament, Directorate-General for Internal Policies, Policy Department for Structural and Cohesion Policies, September 2020.

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/114 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/114

---

P9_TA(2022)0327

EU border regions: living labs of European integration

European Parliament resolution of 15 September 2022 on EU border regions: living labs of European integration (2021/2202(INI))

(2023/C 125/10)

The European Parliament,

| — | having regard to Article 3 of the Treaty on European Union, |
| --- | --- |

—

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

| — | having regard to Articles 4, 162, 174, 175, 176, 177, 178 and 349 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 4, 162, 174, 175, 176, 177, 178 and 349 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1) (Habitats Directive), |
| --- | --- |

—

having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1) (Habitats Directive),

| — | having regard to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (2), |
| --- | --- |

—

having regard to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (2),

| — | having regard to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (3) (Birds Directive), |
| --- | --- |

—

having regard to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (3) (Birds Directive),

| — | having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (4), |
| --- | --- |

—

having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (4),

| — | having regard to the agreement adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (the Paris Agreement), |
| --- | --- |

—

having regard to the agreement adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (the Paris Agreement),

| — | having regard to the opinion of European Committee of the Regions of 8 February 2017 entitled ‘Missing transport links in border regions’ (5), |
| --- | --- |

—

having regard to the opinion of European Committee of the Regions of 8 February 2017 entitled ‘Missing transport links in border regions’ (5),

| — | having regard to the Commission communication of 20 September 2017 entitled ‘Boosting growth and cohesion in EU border regions’ (COM(2017)0534), |
| --- | --- |

—

having regard to the Commission communication of 20 September 2017 entitled ‘Boosting growth and cohesion in EU border regions’ (COM(2017)0534),

| — | having regard to the Commission proposal for a regulation of the European Parliament and of the Council of 29 May 2018 on a mechanism to resolve legal and administrative obstacles in a cross-border context (European cross-border mechanism) (COM(2018)0373), |
| --- | --- |

—

having regard to the Commission proposal for a regulation of the European Parliament and of the Council of 29 May 2018 on a mechanism to resolve legal and administrative obstacles in a cross-border context (European cross-border mechanism) (COM(2018)0373),

| — | having regard to its resolution of 13 June 2018 on cohesion policy and the circular economy (6), |
| --- | --- |

—

having regard to its resolution of 13 June 2018 on cohesion policy and the circular economy (6),

| — | having regard to its resolution of 11 September 2018 on boosting growth and cohesion in EU border regions (7), |
| --- | --- |

—

having regard to its resolution of 11 September 2018 on boosting growth and cohesion in EU border regions (7),

| — | having regard to the Commission communication of 3 April 2020 entitled ‘Guidelines on EU Emergency Assistance on Cross-Border Cooperation in Healthcare related to the COVID-19 crisis’ (C(2020)2153), |
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—

having regard to the Commission communication of 3 April 2020 entitled ‘Guidelines on EU Emergency Assistance on Cross-Border Cooperation in Healthcare related to the COVID-19 crisis’ (C(2020)2153),

| — | having regard to the Commission’s public consultation conducted between 22 July and 11 October 2020 on overcoming cross-border obstacles (8), |
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—

having regard to the Commission’s public consultation conducted between 22 July and 11 October 2020 on overcoming cross-border obstacles (8),

| — | having regard to the Commission communication of 30 September 2020 entitled ‘Achieving the European Education Area by 2025’ (COM(2020)0625), |
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—

having regard to the Commission communication of 30 September 2020 entitled ‘Achieving the European Education Area by 2025’ (COM(2020)0625),

| — | having regard to Decision (EU) 2020/2228 of the European Parliament and of the Council of 23 December 2020 on a European Year of Rail (2021) (9), |
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—

having regard to Decision (EU) 2020/2228 of the European Parliament and of the Council of 23 December 2020 on a European Year of Rail (2021) (9),

| — | having regard to the opinion of the European Committee of the Regions of 5 February 2021 entitled ‘Cross-border public services in Europe’ (10), |
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—

having regard to the opinion of the European Committee of the Regions of 5 February 2021 entitled ‘Cross-border public services in Europe’ (10),

| — | having regard to the Commission communication of 2 June 2021 entitled ‘A strategy towards a fully functioning and resilient Schengen area’ (COM(2021)0277), |
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—

having regard to the Commission communication of 2 June 2021 entitled ‘A strategy towards a fully functioning and resilient Schengen area’ (COM(2021)0277),

| — | having regard to Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (11), |
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—

having regard to Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (11),

| — | having regard to Regulation (EU) 2021/1059 of the European Parliament and of the Council of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments (12) (‘Interreg Regulation’), |
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—

having regard to Regulation (EU) 2021/1059 of the European Parliament and of the Council of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments (12) (‘Interreg Regulation’),

| — | having regard to the Commission communication of 14 July 2021 entitled ‘EU Border Regions: Living labs of European integration’ (COM(2021)0393), |
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—

having regard to the Commission communication of 14 July 2021 entitled ‘EU Border Regions: Living labs of European integration’ (COM(2021)0393),

| — | having regard to the Special Report of the Intergovernmental Panel on Climate Change (IPCC) entitled ‘Climate Change 2021: the Physical Science Basis. Working Group I contribution to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change’, published on 7 August 2021 (13), |
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—

having regard to the Special Report of the Intergovernmental Panel on Climate Change (IPCC) entitled ‘Climate Change 2021: the Physical Science Basis. Working Group I contribution to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change’, published on 7 August 2021 (13),

| — | having regard to Regulation (EU) 2021/1755 of the European Parliament and of the Council of 6 October 2021 establishing the Brexit Adjustment Reserve (14), |
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—

having regard to Regulation (EU) 2021/1755 of the European Parliament and of the Council of 6 October 2021 establishing the Brexit Adjustment Reserve (14),

| — | having regard to the resolution of the European Committee of the Regions of 29 October 2021 on a vision for Europe: The Future of Cross-border Cooperation (15), |
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—

having regard to the resolution of the European Committee of the Regions of 29 October 2021 on a vision for Europe: The Future of Cross-border Cooperation (15),

| — | having regard to the three thematic publications of the Commission and of the Association of European Border Regions of 9 December 2021 on obstacles and solutions to cross-border cooperation in the EU, entitled ‘More and better cross-border public services’ (16), ‘Vibrant cross-border labour markets’ (17), and ‘Border regions for the European Green Deal’ (18), |
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—

having regard to the three thematic publications of the Commission and of the Association of European Border Regions of 9 December 2021 on obstacles and solutions to cross-border cooperation in the EU, entitled ‘More and better cross-border public services’ (16), ‘Vibrant cross-border labour markets’ (17), and ‘Border regions for the European Green Deal’ (18),

| — | having regard to the report of the Commission and of the Association of European Border Regions of 9 December 2021 entitled ‘B-solutions: Solving Border Obstacles. A Compendium 2020-2021’ (19), |
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—

having regard to the report of the Commission and of the Association of European Border Regions of 9 December 2021 entitled ‘B-solutions: Solving Border Obstacles. A Compendium 2020-2021’ (19),

| — | having regard to the Commission proposal for a regulation of the European Parliament and of the Council of 14 December 2021 amending Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders (COM(2021)0891), |
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—

having regard to the Commission proposal for a regulation of the European Parliament and of the Council of 14 December 2021 amending Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders (COM(2021)0891),

| — | having regard to the report of the IPCC of 4 April 2022 entitled ‘Climate Change 2022: Mitigation of Climate Change’, |
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—

having regard to the report of the IPCC of 4 April 2022 entitled ‘Climate Change 2022: Mitigation of Climate Change’,

| — | having regard to Rule 54 of its Rules of Procedure, |
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—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Development (A9-0222/2022), |
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—

having regard to the report of the Committee on Regional Development (A9-0222/2022),

| A. | whereas the European Union and its immediate neighbours in the European Free Trade Association have 40 internal land borders and internal border regions, and whereas those regions cover 40 % of the EU’s territory, account for 30 % of the EU’s population, produce almost one third of EU GDP and have significant potential to boost its economies even further; |
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A.

whereas the European Union and its immediate neighbours in the European Free Trade Association have 40 internal land borders and internal border regions, and whereas those regions cover 40 % of the EU’s territory, account for 30 % of the EU’s population, produce almost one third of EU GDP and have significant potential to boost its economies even further;

| B. | whereas border regions, especially those with a low population density and, in particular, rural areas, tend to experience less favourable development conditions and are generally less economically successful than other regions within Member States, and whereas their economic potential is not being fully tapped; |
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B.

whereas border regions, especially those with a low population density and, in particular, rural areas, tend to experience less favourable development conditions and are generally less economically successful than other regions within Member States, and whereas their economic potential is not being fully tapped;

| C. | whereas, despite the efforts that have been made, administrative, linguistic and legal barriers still abound and are hampering sustainable growth, socio-economic development and cohesion among and within border regions; whereas more and deeper cooperation between authorities in neighbouring Member States is called for; whereas border regions would benefit from a supranational legal instrument capable of circumventing negative consequences that might arise from actions of Member States that fragment the single market; |
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C.

whereas, despite the efforts that have been made, administrative, linguistic and legal barriers still abound and are hampering sustainable growth, socio-economic development and cohesion among and within border regions; whereas more and deeper cooperation between authorities in neighbouring Member States is called for; whereas border regions would benefit from a supranational legal instrument capable of circumventing negative consequences that might arise from actions of Member States that fragment the single market;

| D. | whereas it is recognised that a true bottom-up approach in European cohesion policy still needs to be strengthened and that the institutions and actors that are close to citizens, such as European Groupings of Territorial Cooperation, should be entrusted with more direct management of funds from the EU cohesion policy budget; whereas small-scale and cross-border projects have an important role in this regard in bringing people together, and in so doing, opening new opportunities for sustainable local development and cross-border cooperation; |
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D.

whereas it is recognised that a true bottom-up approach in European cohesion policy still needs to be strengthened and that the institutions and actors that are close to citizens, such as European Groupings of Territorial Cooperation, should be entrusted with more direct management of funds from the EU cohesion policy budget; whereas small-scale and cross-border projects have an important role in this regard in bringing people together, and in so doing, opening new opportunities for sustainable local development and cross-border cooperation;

| E. | whereas some sectors face very specific obstacles that call for better coordination at EU level, such as the wine and spirits sectors, which are subjected to heavy red tape to trade in neighbouring countries; whereas practical solutions, such as access to one-stop shops, must be made accessible to economic operators when possible; |
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E.

whereas some sectors face very specific obstacles that call for better coordination at EU level, such as the wine and spirits sectors, which are subjected to heavy red tape to trade in neighbouring countries; whereas practical solutions, such as access to one-stop shops, must be made accessible to economic operators when possible;

| F. | whereas the COVID-19 pandemic has made those barriers more difficult to overcome, and whereas, on a daily basis, cross-border workers are faced with a situation in which different, counterproductive health rules are in place on either side of the border; |
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F.

whereas the COVID-19 pandemic has made those barriers more difficult to overcome, and whereas, on a daily basis, cross-border workers are faced with a situation in which different, counterproductive health rules are in place on either side of the border;

| G. | whereas national border closures due to the COVID-19 pandemic have unveiled the unique vulnerability and interdependency of Europe’s cross-border regions; whereas disruption of the free movement of goods, services, people and essential medical equipment resulted in detrimental economic consequences; |
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G.

whereas national border closures due to the COVID-19 pandemic have unveiled the unique vulnerability and interdependency of Europe’s cross-border regions; whereas disruption of the free movement of goods, services, people and essential medical equipment resulted in detrimental economic consequences;

| H. | whereas the temporary close-down of cross-border public and healthcare services threatened the livelihoods of cross-border workers and resulted in financial hardship for small and medium-sized enterprises (SMEs) in border regions; whereas the COVID-19 crisis was responsible for the emergence of new legal and administrative challenges in border regions, such as teleworking, and whereas teleworkers face issues with social protection and tax laws; |
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H.

whereas the temporary close-down of cross-border public and healthcare services threatened the livelihoods of cross-border workers and resulted in financial hardship for small and medium-sized enterprises (SMEs) in border regions; whereas the COVID-19 crisis was responsible for the emergence of new legal and administrative challenges in border regions, such as teleworking, and whereas teleworkers face issues with social protection and tax laws;

| I. | whereas the COVID-19 pandemic has also given rise to remarkable acts of solidarity among neighbouring Member States, at both national and local level; |
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I.

whereas the COVID-19 pandemic has also given rise to remarkable acts of solidarity among neighbouring Member States, at both national and local level;

| J. | whereas some border regions are facing unprecedented critical infrastructure challenges related to the refugee crisis caused by Russia’s ongoing military aggression in Ukraine; whereas the new post-COVID situation also contributes to their vulnerability; |
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J.

whereas some border regions are facing unprecedented critical infrastructure challenges related to the refugee crisis caused by Russia’s ongoing military aggression in Ukraine; whereas the new post-COVID situation also contributes to their vulnerability;

| K. | whereas all too often, national borders still fragment natural territories, making their protection and management less effective, especially given that different legal frameworks apply; |
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K.

whereas all too often, national borders still fragment natural territories, making their protection and management less effective, especially given that different legal frameworks apply;

| L. | whereas mass departures from border regions, especially on the part of young people and skilled labour, illustrates the lack of economic opportunities in such regions and makes them even less attractive in terms of employment and sustainable economic development; whereas there is a lack of language learning opportunities, as well as a lack of initiatives raising awareness about the benefits for border residents of learning a neighbouring language; whereas not all administrative documents have been translated into the languages of frontier Member States; whereas the Member States should take steps to remedy that state of affairs and the Commission should advise them in that process; |
| --- | --- |

L.

whereas mass departures from border regions, especially on the part of young people and skilled labour, illustrates the lack of economic opportunities in such regions and makes them even less attractive in terms of employment and sustainable economic development; whereas there is a lack of language learning opportunities, as well as a lack of initiatives raising awareness about the benefits for border residents of learning a neighbouring language; whereas not all administrative documents have been translated into the languages of frontier Member States; whereas the Member States should take steps to remedy that state of affairs and the Commission should advise them in that process;

| M. | whereas with the new Interreg Regulation for 2021-2027, border regions now have a clear financial support framework for enhanced cross-border governance so as to kick-start the economic recovery, set up joint environmental initiatives and mitigate the effects of climate change; |
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M.

whereas with the new Interreg Regulation for 2021-2027, border regions now have a clear financial support framework for enhanced cross-border governance so as to kick-start the economic recovery, set up joint environmental initiatives and mitigate the effects of climate change;

| N. | whereas the conclusion of Partnership Agreements in the context of the 2021-2027 cohesion policy is lagging behind, undermining the allocation of vital resources in the territories in need; |
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N.

whereas the conclusion of Partnership Agreements in the context of the 2021-2027 cohesion policy is lagging behind, undermining the allocation of vital resources in the territories in need;

| O. | whereas fragmented and insufficient cross-border cooperation can lead to increased vulnerability to natural disasters and extreme weather events in border regions; |
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O.

whereas fragmented and insufficient cross-border cooperation can lead to increased vulnerability to natural disasters and extreme weather events in border regions;

| P. | whereas the EU also has maritime cross-border regions in the shape of islands in the Mediterranean and outermost regions in the Atlantic and Indian oceans; whereas the geographic remoteness of some European islands, coupled with their condition as border regions, exposes them to a combination of constraints on the labour market and in the fields of transportation and healthcare, which severely hamper their growth potential; |
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P.

whereas the EU also has maritime cross-border regions in the shape of islands in the Mediterranean and outermost regions in the Atlantic and Indian oceans; whereas the geographic remoteness of some European islands, coupled with their condition as border regions, exposes them to a combination of constraints on the labour market and in the fields of transportation and healthcare, which severely hamper their growth potential;

| Q. | whereas it is acknowledged that the unique vulnerability of border regions requires changes to financing methods in border regions in order to finally create a level playing field for border regions vis-à-vis the heartland; whereas it is further recommended that these changes include deducting an inflation-adjusted ‘borderland billion’ from the Union’s cohesion budget and reserving it specifically for border regions; |
| --- | --- |

Q.

whereas it is acknowledged that the unique vulnerability of border regions requires changes to financing methods in border regions in order to finally create a level playing field for border regions vis-à-vis the heartland; whereas it is further recommended that these changes include deducting an inflation-adjusted ‘borderland billion’ from the Union’s cohesion budget and reserving it specifically for border regions;

| R. | whereas it is estimated that adopting the proposal for a European cross-border mechanism (ECBM) regulation, published in May 2018 by the Commission on the recommendation of the former Luxembourgish Council Presidency, would have helped to overcome at least 30 %, and likely even 50 %, of the recognised obstacles to cross-border cooperation; |
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R.

whereas it is estimated that adopting the proposal for a European cross-border mechanism (ECBM) regulation, published in May 2018 by the Commission on the recommendation of the former Luxembourgish Council Presidency, would have helped to overcome at least 30 %, and likely even 50 %, of the recognised obstacles to cross-border cooperation;

1.

Welcomes the communication published by the Commission in 2021 entitled ‘EU border regions: living labs of European integration’, which includes detailed information on the barriers faced by border regions in the EU;

Specific characteristics of border regions

Specific characteristics of border regions

| 2. | Points out that Article 174 TFEU recognises the challenges faced by border regions and states that the EU should pay particular attention to those regions when taking action to strengthen economic, social and territorial cohesion in the EU; |
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2.

Points out that Article 174 TFEU recognises the challenges faced by border regions and states that the EU should pay particular attention to those regions when taking action to strengthen economic, social and territorial cohesion in the EU;

| 3. | Emphasises that the challenges border regions face, in particular those with only maritime borders, as specific borders with their own needs, as well as rural and low-density areas, vary from one region to the next depending on the legal, administrative, linguistic, cultural, socio-economic, environmental, demographic and geographical circumstances that apply in the region concerned; emphasises the need for effective use and greater coordination of EU funds to ensure a more comprehensive approach to the afore-mentioned challenges; calls for the involvement of local authorities and communities and bespoke approaches that are integrated, tailor-made and region-specific, as part of a multi-level governance framework; stresses the need to reflect on the challenges facing some border regions linked to Russia’s continued aggression in Ukraine; |
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3.

Emphasises that the challenges border regions face, in particular those with only maritime borders, as specific borders with their own needs, as well as rural and low-density areas, vary from one region to the next depending on the legal, administrative, linguistic, cultural, socio-economic, environmental, demographic and geographical circumstances that apply in the region concerned; emphasises the need for effective use and greater coordination of EU funds to ensure a more comprehensive approach to the afore-mentioned challenges; calls for the involvement of local authorities and communities and bespoke approaches that are integrated, tailor-made and region-specific, as part of a multi-level governance framework; stresses the need to reflect on the challenges facing some border regions linked to Russia’s continued aggression in Ukraine;

| 4. | Recommends an EU initiative to provide language courses for neighbouring languages at low cost to participants in all NUTS-3 regions whose territory borders a neighbouring Member State; urges that this EU initiative also be charged with raising awareness of the benefits of learning the neighbouring language; |
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4.

Recommends an EU initiative to provide language courses for neighbouring languages at low cost to participants in all NUTS-3 regions whose territory borders a neighbouring Member State; urges that this EU initiative also be charged with raising awareness of the benefits of learning the neighbouring language;

| 5. | Stresses that disproportionate burdens such as the inherent structural disadvantages faced by all border regions should be compensated with a separate regime for regional aid designed specifically for border regions; |
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5.

Stresses that disproportionate burdens such as the inherent structural disadvantages faced by all border regions should be compensated with a separate regime for regional aid designed specifically for border regions;

| 6. | Requests that 0,26 % of the EU’s cohesion policy budget be earmarked exclusively for the development of border regions at the beginning of every new programming period, starting with the period 2028-2034 (‘borderland billion’); further suggests that where these funds are not called up for use in the border regions, the remaining amount should return to the EU cohesion budget; |
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6.

Requests that 0,26 % of the EU’s cohesion policy budget be earmarked exclusively for the development of border regions at the beginning of every new programming period, starting with the period 2028-2034 (‘borderland billion’); further suggests that where these funds are not called up for use in the border regions, the remaining amount should return to the EU cohesion budget;

| 7. | Suggests that the ‘borderland billion’ be entrusted to the European Groupings of Territorial Cooperation (EGTCs) or to border regions where comparable structures exist; calls for the EGTCs or comparable structures to be given a high level of autonomy with respect to the use of funds and the selection of projects; |
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7.

Suggests that the ‘borderland billion’ be entrusted to the European Groupings of Territorial Cooperation (EGTCs) or to border regions where comparable structures exist; calls for the EGTCs or comparable structures to be given a high level of autonomy with respect to the use of funds and the selection of projects;

| 8. | Requests that Member States remove existing barriers and allow the EGTCs a greater level of autonomy with regard to the selection of projects and the use of funds, in particular by identifying EGTCs as managing authorities of Interreg programmes in accordance with Article 45(4) of the Interreg Regulation, enhancing the institutional and financial capacity of EGTCs in line with Article 14(4) of the Interreg Regulation or appointing EGTCs as beneficiaries managing small project funds, in accordance with Article 25(2) of the Interreg Regulation; suggests that the Commission create incentives for Member States to make use of the above options to give a more substantial role to EGTCs in order to truly implement policy objective 5 of the EU cohesion policy for 2021-2027: a Europe closer to citizens; |
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8.

Requests that Member States remove existing barriers and allow the EGTCs a greater level of autonomy with regard to the selection of projects and the use of funds, in particular by identifying EGTCs as managing authorities of Interreg programmes in accordance with Article 45(4) of the Interreg Regulation, enhancing the institutional and financial capacity of EGTCs in line with Article 14(4) of the Interreg Regulation or appointing EGTCs as beneficiaries managing small project funds, in accordance with Article 25(2) of the Interreg Regulation; suggests that the Commission create incentives for Member States to make use of the above options to give a more substantial role to EGTCs in order to truly implement policy objective 5 of the EU cohesion policy for 2021-2027: a Europe closer to citizens;

| 9. | Recommends that changes be made to the EU Regional Aid Guidelines; suggests, given that less than half of the EU’s total population are permitted to receive regional aid at the same time, that border regions be given priority within this rule; |
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9.

Recommends that changes be made to the EU Regional Aid Guidelines; suggests, given that less than half of the EU’s total population are permitted to receive regional aid at the same time, that border regions be given priority within this rule;

Resilience through closer institutional cooperation

Resilience through closer institutional cooperation

| 10. | Welcomes the progress the Commission has made thus far in implementing its 2017 action plan, in particular via the ‘b-solutions’ initiative — which has made it possible to provide legal and administrative support to authorities in border regions and to resolve 90 cases involving barriers to interaction — and via the support provided to improve access to employment, promote multilingualism in border areas and pool healthcare facilities; |
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10.

Welcomes the progress the Commission has made thus far in implementing its 2017 action plan, in particular via the ‘b-solutions’ initiative — which has made it possible to provide legal and administrative support to authorities in border regions and to resolve 90 cases involving barriers to interaction — and via the support provided to improve access to employment, promote multilingualism in border areas and pool healthcare facilities;

| 11. | Calls on the EU institutions and on Member States to raise awareness among cross-border regions about the possibility of receiving support from the Commission under the b-solutions initiative; underlines that sharing knowledge about successful b-solutions might contribute to solving and preventing the emergence of new administrative and legal barriers; |
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11.

Calls on the EU institutions and on Member States to raise awareness among cross-border regions about the possibility of receiving support from the Commission under the b-solutions initiative; underlines that sharing knowledge about successful b-solutions might contribute to solving and preventing the emergence of new administrative and legal barriers;

| 12. | Underlines, however, that b-solutions alone cannot represent an appropriate and effective response to the legal and administrative barriers affecting border regions; |
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12.

Underlines, however, that b-solutions alone cannot represent an appropriate and effective response to the legal and administrative barriers affecting border regions;

| 13. | Recognises the important role that macro-regions, Euroregions, non-profit organisations and associations play in promoting collective interests and in cross-border cooperation; calls on the Commission to initiate an in-depth assessment of macro-regional strategies, with the purpose of evaluating their coherence with the EU’s renewed environmental and digital priorities; |
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13.

Recognises the important role that macro-regions, Euroregions, non-profit organisations and associations play in promoting collective interests and in cross-border cooperation; calls on the Commission to initiate an in-depth assessment of macro-regional strategies, with the purpose of evaluating their coherence with the EU’s renewed environmental and digital priorities;

| 14. | Points out that, despite the efforts that have been made, administrative, legal and linguistic barriers still abound, hampering sustainable growth, socio-economic development and cohesion among and within border regions; |
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14.

Points out that, despite the efforts that have been made, administrative, legal and linguistic barriers still abound, hampering sustainable growth, socio-economic development and cohesion among and within border regions;

| 15. | Notes that most barriers hindering cross-border cooperation are legal in nature, arising from diverging national laws or general EU laws; recalls, therefore, that in 2018 the Commission issued a proposal for a regulation on European cross-border mechanism (ECBM) (COM(2018)0373); |
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15.

Notes that most barriers hindering cross-border cooperation are legal in nature, arising from diverging national laws or general EU laws; recalls, therefore, that in 2018 the Commission issued a proposal for a regulation on European cross-border mechanism (ECBM) (COM(2018)0373);

| 16. | Points out that access to public services is crucial for the 150 million-strong population of internal cross-border areas, and is frequently hampered by numerous legal and administrative barriers; calls, on the Commission and the Member States, therefore, to maximise their efforts to remove these barriers, especially when related to health services, transport, education, labour mobility and the environment; |
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16.

Points out that access to public services is crucial for the 150 million-strong population of internal cross-border areas, and is frequently hampered by numerous legal and administrative barriers; calls, on the Commission and the Member States, therefore, to maximise their efforts to remove these barriers, especially when related to health services, transport, education, labour mobility and the environment;

| 17. | Emphasises that the ECBM, as proposed by the Commission, would have contributed to removing more than 50 % of the barriers concerned, including those resulting from the lack of cross-border public transport and limited access to employment, education, cultural and leisure services; with that in mind, deeply regrets the fact that the legislative procedure relating to the ECBM has been blocked by the Council; recalls that this mechanism aims to facilitate cooperation between cross-border regions on joint projects in a variety of fields (infrastructure, healthcare, labour, etc.) by allowing one of them to apply the legal provisions of the neighbouring Member State if the application of its own laws presents legal obstacles; |
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17.

Emphasises that the ECBM, as proposed by the Commission, would have contributed to removing more than 50 % of the barriers concerned, including those resulting from the lack of cross-border public transport and limited access to employment, education, cultural and leisure services; with that in mind, deeply regrets the fact that the legislative procedure relating to the ECBM has been blocked by the Council; recalls that this mechanism aims to facilitate cooperation between cross-border regions on joint projects in a variety of fields (infrastructure, healthcare, labour, etc.) by allowing one of them to apply the legal provisions of the neighbouring Member State if the application of its own laws presents legal obstacles;

| 18. | Notes that the ECBM proposal was supported by a large majority in Parliament in February 2019, and during the plenary debate following the oral question to the Council in October 2021; recalls that Parliament’s first reading position on this regulation included specific formulations that would have ensured its voluntary application, thus allaying the concerns of the Member States; |
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18.

Notes that the ECBM proposal was supported by a large majority in Parliament in February 2019, and during the plenary debate following the oral question to the Council in October 2021; recalls that Parliament’s first reading position on this regulation included specific formulations that would have ensured its voluntary application, thus allaying the concerns of the Member States;

| 19. | Calls on the Commission to amend the current proposal, taking into account the conclusions of the legal services of the Council and Parliament, with a view to striking a balance between the co-legislators’ respective positions; calls on the Commission to ensure that this proposal takes into account the strengthening of cross-border regions, anticipating the foreseeable damage in the regions that will be most affected by the consequences of the Russian aggression against Ukraine; calls on the Commission to resume negotiations with the Member States with a view to rapidly adopting a system for clearing legal or administrative border hurdles in an effort to make life easier for the inhabitants of cross-border regions; |
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19.

Calls on the Commission to amend the current proposal, taking into account the conclusions of the legal services of the Council and Parliament, with a view to striking a balance between the co-legislators’ respective positions; calls on the Commission to ensure that this proposal takes into account the strengthening of cross-border regions, anticipating the foreseeable damage in the regions that will be most affected by the consequences of the Russian aggression against Ukraine; calls on the Commission to resume negotiations with the Member States with a view to rapidly adopting a system for clearing legal or administrative border hurdles in an effort to make life easier for the inhabitants of cross-border regions;

| 20. | Welcomes the adoption of the Cross-Border Crisis Response Integrated Initiative (CB-CRII) pilot project, intended to bolster border regions’ resilience to future crises; urges the Commission’s Directorate-General for Regional and Urban Policy to implement the project (20); |
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20.

Welcomes the adoption of the Cross-Border Crisis Response Integrated Initiative (CB-CRII) pilot project, intended to bolster border regions’ resilience to future crises; urges the Commission’s Directorate-General for Regional and Urban Policy to implement the project (20

| 21. | Emphasises that alongside the damage caused by COVID-19, particularly the border closures that it triggered, border regions are also confronted with the consequences of Brexit, which are creating new barriers to free trade and causing serious disruption to cross-border trade between the EU and the UK, making life more difficult for businesses and citizens in border regions; welcomes, in that regard, the agreement reached on the Brexit Adjustment Reserve to provide financial and legal support to Member States and regions affected by Brexit; |
| --- | --- |

21.

Emphasises that alongside the damage caused by COVID-19, particularly the border closures that it triggered, border regions are also confronted with the consequences of Brexit, which are creating new barriers to free trade and causing serious disruption to cross-border trade between the EU and the UK, making life more difficult for businesses and citizens in border regions; welcomes, in that regard, the agreement reached on the Brexit Adjustment Reserve to provide financial and legal support to Member States and regions affected by Brexit;

More and better cross-border public services

More and better cross-border public services

| 22. | Notes with interest that the public consultation on overcoming border obstacles conducted by the Commission in 2020 showed that the main problems experienced by people living in border areas were, among others, the lack of reliable cross-border public transport services, the lack of digital services and their limited cross-border interoperability, obstacles caused directly by language differences, and obstacles related to legislative processes and to economic disparities; |
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22.

Notes with interest that the public consultation on overcoming border obstacles conducted by the Commission in 2020 showed that the main problems experienced by people living in border areas were, among others, the lack of reliable cross-border public transport services, the lack of digital services and their limited cross-border interoperability, obstacles caused directly by language differences, and obstacles related to legislative processes and to economic disparities;

| 23. | Notes that the attractiveness of cross-border areas for life and investment heavily depends on quality of life, the availability of public and commercial services for citizens and for businesses, and the quality of transportation, conditions which can only be met and maintained with close co-operation between national, regional and local authorities as well as businesses on both sides of the border; |
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23.

Notes that the attractiveness of cross-border areas for life and investment heavily depends on quality of life, the availability of public and commercial services for citizens and for businesses, and the quality of transportation, conditions which can only be met and maintained with close co-operation between national, regional and local authorities as well as businesses on both sides of the border;

| 24. | Stresses the crucial role that investments in high quality public services have on building social resilience and coping with economic, health and social crises; |
| --- | --- |

24.

Stresses the crucial role that investments in high quality public services have on building social resilience and coping with economic, health and social crises;

| 25. | Points out that bringing in better cross-border public services would not only help improve the quality of life of those living in border areas, but also render those services more cost-effective; |
| --- | --- |

25.

Points out that bringing in better cross-border public services would not only help improve the quality of life of those living in border areas, but also render those services more cost-effective;

| 26. | Emphasises that the coordination of transport services in cross-border regions is still insufficient, owing in part to links that are missing or no longer in service, hampering mobility and blighting prospects for cross-border development; emphasises, furthermore, that complex legal and administrative rules and regulations are hampering the development of sustainable cross-border transport infrastructure; |
| --- | --- |

26.

Emphasises that the coordination of transport services in cross-border regions is still insufficient, owing in part to links that are missing or no longer in service, hampering mobility and blighting prospects for cross-border development; emphasises, furthermore, that complex legal and administrative rules and regulations are hampering the development of sustainable cross-border transport infrastructure;

| 27. | Underlines that creating additional cross-border transport infrastructure, while being costly and environmentally challenging, might not always be the best solution and therefore underlines the potential of soft measures for boosting cross-border transport links, such as better coordination of public transport schedules, inclusive planning and the use of tailor-made innovations by cross-border local and regional authorities with sufficient autonomy to pursue common goals; emphasises that the development of new public transport infrastructure should comply with sustainability and cost-efficiency requirements; calls, therefore, for the timely allocation of the Just Transition Fund to ensure an active role of border regions in the achievement of the goals of the European Green Deal; |
| --- | --- |

27.

Underlines that creating additional cross-border transport infrastructure, while being costly and environmentally challenging, might not always be the best solution and therefore underlines the potential of soft measures for boosting cross-border transport links, such as better coordination of public transport schedules, inclusive planning and the use of tailor-made innovations by cross-border local and regional authorities with sufficient autonomy to pursue common goals; emphasises that the development of new public transport infrastructure should comply with sustainability and cost-efficiency requirements; calls, therefore, for the timely allocation of the Just Transition Fund to ensure an active role of border regions in the achievement of the goals of the European Green Deal;

| 28. | Emphasises the role of cohesion policy in addressing the main challenges facing the Union’s transport sector, including developing a well-functioning Single European Transport Area, connecting Europe through modern, multi-modal and safe transport infrastructure networks and shifting to low-emission mobility, inter alia through supporting the completion of missing small cross-border rail links, thereby contributing to the European integration of border regions; |
| --- | --- |

28.

Emphasises the role of cohesion policy in addressing the main challenges facing the Union’s transport sector, including developing a well-functioning Single European Transport Area, connecting Europe through modern, multi-modal and safe transport infrastructure networks and shifting to low-emission mobility, inter alia through supporting the completion of missing small cross-border rail links, thereby contributing to the European integration of border regions;

| 29. | Calls on the Member States to bring in a stronger, clearer legal framework to improve the quality and efficiency of public services; emphasises that the Commission’s mapping of missing rail links is a key tool that will make it possible for progress to be made in this regard; |
| --- | --- |

29.

Calls on the Member States to bring in a stronger, clearer legal framework to improve the quality and efficiency of public services; emphasises that the Commission’s mapping of missing rail links is a key tool that will make it possible for progress to be made in this regard;

| 30. | Stresses the need to build an effective political legacy for the European Year of Rail, particularly in the cross-border regions; points out that the European and cross-border aspect of the railways brings people closer together, enables them to explore the EU in all its diversity and fosters socio-economic and territorial cohesion, particularly by improving connectivity within and with its geographical periphery, including by means of cross-border regional connections; welcomes the establishment of partnerships for the development of common services, as well as the harmonisation of timetables and ticketing in some cross-border regions; calls on the Commission to keep supporting this type of initiative and asks it to encourage the carriage of bicycles on cross-border trains; |
| --- | --- |

30.

Stresses the need to build an effective political legacy for the European Year of Rail, particularly in the cross-border regions; points out that the European and cross-border aspect of the railways brings people closer together, enables them to explore the EU in all its diversity and fosters socio-economic and territorial cohesion, particularly by improving connectivity within and with its geographical periphery, including by means of cross-border regional connections; welcomes the establishment of partnerships for the development of common services, as well as the harmonisation of timetables and ticketing in some cross-border regions; calls on the Commission to keep supporting this type of initiative and asks it to encourage the carriage of bicycles on cross-border trains;

| 31. | Calls for increased digitalisation of public services and reinforced interoperability policies to ensure that digital public services are interoperable and cross-border by default; highlights the importance of support for digital innovation among public services and companies in cross-border regions and welcomes in this regard the European Digital Innovation Hubs (EDIH); |
| --- | --- |

31.

Calls for increased digitalisation of public services and reinforced interoperability policies to ensure that digital public services are interoperable and cross-border by default; highlights the importance of support for digital innovation among public services and companies in cross-border regions and welcomes in this regard the European Digital Innovation Hubs (EDIH);

Dynamic cross-border labour markets

Dynamic cross-border labour markets

| 32. | Welcomes the many important measures taken to address the socio-economic asymmetries in border areas; regrets, however, the lack of specific assessments and comparative statistics that would provide an overview of the socio-economic circumstances of cross-border SMEs, something all the more regrettable given that SMEs account for 67 % of total employment and almost 60 % of EU added value; |
| --- | --- |

32.

Welcomes the many important measures taken to address the socio-economic asymmetries in border areas; regrets, however, the lack of specific assessments and comparative statistics that would provide an overview of the socio-economic circumstances of cross-border SMEs, something all the more regrettable given that SMEs account for 67 % of total employment and almost 60 % of EU added value;

| 33. | Calls on the Commission to carry out an in-depth analysis of the socio-economic circumstances of cross-border SMEs, gathering specific assessments and comparative statistics; |
| --- | --- |

33.

Calls on the Commission to carry out an in-depth analysis of the socio-economic circumstances of cross-border SMEs, gathering specific assessments and comparative statistics;

| 34. | Points out that, according to the Commission’s eighth cohesion report (21), Interreg indicators show that only 68 % of the 2023 targets for cross-border labour mobility had been met by the end of 2020, while in other areas the targets had been reached up to 495 %; encourages the Member States to continue on this path in order to achieve the 2023 targets; |
| --- | --- |

34.

Points out that, according to the Commission’s eighth cohesion report (21

| 35. | Recognises that it is important for Member States to guarantee tax revenues, social security systems and the full range of national taxes; supports and undertakes to closely monitor the implementation of the Commission’s tax package of 15 July 2020, which is geared towards ensuring fair, efficient, sustainable and digitally friendly taxation; |
| --- | --- |

35.

Recognises that it is important for Member States to guarantee tax revenues, social security systems and the full range of national taxes; supports and undertakes to closely monitor the implementation of the Commission’s tax package of 15 July 2020, which is geared towards ensuring fair, efficient, sustainable and digitally friendly taxation;

| 36. | Underlines, however that in the absence of an adequate supply of jobs or other economic opportunities and in view of the low level of salaries, the well-educated workforce tends to migrate to regions where such opportunities are in adequate supply, thus making the situation in remote border areas even more challenging; |
| --- | --- |

36.

Underlines, however that in the absence of an adequate supply of jobs or other economic opportunities and in view of the low level of salaries, the well-educated workforce tends to migrate to regions where such opportunities are in adequate supply, thus making the situation in remote border areas even more challenging;

| 37. | Believes that cohesion policy should be more geared towards investment in people as border regions’ economies can be boosted by an effective mix of investments in innovation, human capital, good governance and institutional capacity; |
| --- | --- |

37.

Believes that cohesion policy should be more geared towards investment in people as border regions’ economies can be boosted by an effective mix of investments in innovation, human capital, good governance and institutional capacity;

| 38. | Believes that border regions experiencing particular challenges should receive tailor-made support (e.g. through greater synergies between the European Regional Development Fund, the Cohesion Fund, the European Social Fund Plus and the European Globalisation Adjustment Fund) for developing and implementing long-term strategies based on economic diversification, and re-skilling and retraining policies for laid-off workers; |
| --- | --- |

38.

Believes that border regions experiencing particular challenges should receive tailor-made support (e.g. through greater synergies between the European Regional Development Fund, the Cohesion Fund, the European Social Fund Plus and the European Globalisation Adjustment Fund) for developing and implementing long-term strategies based on economic diversification, and re-skilling and retraining policies for laid-off workers;

| 39. | Urges the Member States to play a full part in the Commission’s efforts to complete the European Education Area, which, in tune with the European skills agenda and the European Research Area, will ensure access to targeted education and training on either side of borders by providing shared education services, by ensuring the mutual recognition of diplomas, skills and qualifications and by encouraging learning; |
| --- | --- |

39.

Urges the Member States to play a full part in the Commission’s efforts to complete the European Education Area, which, in tune with the European skills agenda and the European Research Area, will ensure access to targeted education and training on either side of borders by providing shared education services, by ensuring the mutual recognition of diplomas, skills and qualifications and by encouraging learning;

| 40. | Encourages the advancement of programmes for cooperation between the EU border regions at the external borders of the Union and the border regions of the neighbouring countries; recognises the challenges of this cooperation given the regulatory differences between these regions; considers this cooperation to be an important tool for advancing EU enlargement policy; highlights that the promotion of cross-border cooperation between neighbouring regions can crucially contribute to facing major challenges affecting the Union (e.g. ensuring a sustainable future for the Mediterranean, the Baltic Sea and other maritime basins; ensuring a sustainable future for the Alps, the Pyrenees, the Carpathians and other mountain ranges; and ensuring a sustainable future for the large river basins such as the Rhine, the Danube and the Meuse); |
| --- | --- |

40.

Encourages the advancement of programmes for cooperation between the EU border regions at the external borders of the Union and the border regions of the neighbouring countries; recognises the challenges of this cooperation given the regulatory differences between these regions; considers this cooperation to be an important tool for advancing EU enlargement policy; highlights that the promotion of cross-border cooperation between neighbouring regions can crucially contribute to facing major challenges affecting the Union (e.g. ensuring a sustainable future for the Mediterranean, the Baltic Sea and other maritime basins; ensuring a sustainable future for the Alps, the Pyrenees, the Carpathians and other mountain ranges; and ensuring a sustainable future for the large river basins such as the Rhine, the Danube and the Meuse);

| 41. | Calls on the Commission and the Member States to ensure, as a matter of urgency, the proper implementation and enforcement of relevant EU legislation as regards the rights of cross-border and frontier workers, to improve their employment, working and health and safety conditions, and to address the need to revise the existing legislative framework including Regulation (EC) No 883/2004 on the coordination of social security systems (22) in order to strengthen the portability of rights and ensure adequate social security coordination, and to review the role of temporary work agencies, recruiting agencies, other intermediaries and subcontractors with a view to identifying protection gaps in the light of the principle of equal treatment; urges Members States and the Commission to acknowledge the reality of and the difficulties associated with the increase in teleworking, to guarantee that those teleworking from their country of residence have access to social security rights, labour rights and tax regimes, and certainty as regards the authority responsible for their coverage; |
| --- | --- |

41.

Calls on the Commission and the Member States to ensure, as a matter of urgency, the proper implementation and enforcement of relevant EU legislation as regards the rights of cross-border and frontier workers, to improve their employment, working and health and safety conditions, and to address the need to revise the existing legislative framework including Regulation (EC) No 883/2004 on the coordination of social security systems (22

| 42. | Recognises that faster and more comprehensive recognition of diplomas and other qualifications obtained after training, improved healthcare, expansion of local and long-distance transport and better access to information on job vacancies are required in border regions; underlines the need for an increase in funds to facilitate better coordination between neighbouring national legal and administrative systems, especially with regard to the exchange of information on the legislation applicable to workers and the collection of data on cross-border workers, in order to bridge gaps in national practices, gain better access to available information, and create a predictable and accessible internal labour market; stresses that these problems pose an even greater threat to cross-border workers coming to and from non-EU countries; |
| --- | --- |

42.

Recognises that faster and more comprehensive recognition of diplomas and other qualifications obtained after training, improved healthcare, expansion of local and long-distance transport and better access to information on job vacancies are required in border regions; underlines the need for an increase in funds to facilitate better coordination between neighbouring national legal and administrative systems, especially with regard to the exchange of information on the legislation applicable to workers and the collection of data on cross-border workers, in order to bridge gaps in national practices, gain better access to available information, and create a predictable and accessible internal labour market; stresses that these problems pose an even greater threat to cross-border workers coming to and from non-EU countries;

| 43. | Believes that digitalisation provides an unprecedented opportunity to facilitate labour mobility while making compliance with applicable EU provisions faster and easier to control; calls on the Commission, in close cooperation with the European Labour Authority, to put forward a legislative proposal for a European social security pass for all mobile workers and non-EU nationals who are covered by EU rules on intra-EU mobility without further delay, which would provide the relevant national authorities and social partners with an instrument to ensure the effective identification, traceability, aggregation and portability of social security rights and improve the enforcement of EU rules on labour mobility and social security coordination in the labour market in a fair and effective way, in order to ensure a level playing field in the EU; |
| --- | --- |

43.

Believes that digitalisation provides an unprecedented opportunity to facilitate labour mobility while making compliance with applicable EU provisions faster and easier to control; calls on the Commission, in close cooperation with the European Labour Authority, to put forward a legislative proposal for a European social security pass for all mobile workers and non-EU nationals who are covered by EU rules on intra-EU mobility without further delay, which would provide the relevant national authorities and social partners with an instrument to ensure the effective identification, traceability, aggregation and portability of social security rights and improve the enforcement of EU rules on labour mobility and social security coordination in the labour market in a fair and effective way, in order to ensure a level playing field in the EU;

| 44. | Points out that, currently, there is no mutual recognition of disability status among the EU Member States, and that this creates difficulties for persons with disabilities, as their national disability card might not be recognised in other Member States; believes that this failure is particularly limiting for cross-border workers and students with disabilities as it undermines their right to good services; recognises the value of the EU disability card, which enables mutual recognition of disability status in all Member States currently participating in the scheme; welcomes the fact that the Commission will propose that a European disability card be introduced by the end of 2023 for recognition in all Member States; |
| --- | --- |

44.

Points out that, currently, there is no mutual recognition of disability status among the EU Member States, and that this creates difficulties for persons with disabilities, as their national disability card might not be recognised in other Member States; believes that this failure is particularly limiting for cross-border workers and students with disabilities as it undermines their right to good services; recognises the value of the EU disability card, which enables mutual recognition of disability status in all Member States currently participating in the scheme; welcomes the fact that the Commission will propose that a European disability card be introduced by the end of 2023 for recognition in all Member States;

Border regions for the European Green Deal

Border regions for the European Green Deal

| 45. | Points out that there is already an important EU legal framework — including in particular the Birds, Habitats and Water Framework (23) directives, as well as the EU’s biodiversity strategy for 2030 — that must be fully, systematically and jointly implemented by the Member States in cross-border regions; points out that nature, the climate, natural disasters and diseases do not stop at national borders and calls for coordinated and coherent protection of Natura 2000 sites to ensure more integrated implementation measures; urges the national governments of the Member States to take steps towards further harmonisation and coordination in the application of these and other directives; stresses that disaster risk management and planning is an area in which cross-border cooperation is vital; calls on the Commission to monitor closely the cross-border component of national and regional climate change adaptation strategies by providing for specific measures to favour appropriate solutions; |
| --- | --- |

45.

Points out that there is already an important EU legal framework — including in particular the Birds, Habitats and Water Framework (23

| 46. | Points out that climate change also has a serious impact on border regions, including by obliging them to develop common cross-border tailor-made preventive measures for natural disasters; recalls that natural catastrophes that occurred in 2021 affected several border regions in Belgium, France, Luxembourg, the Netherlands and Germany; highlights the obligation for Member States under the EU Civil Protection Mechanism to regularly conduct risk assessments and analyses of disaster scenarios, which covers cross-border cooperation as well as reporting on key risks with a cross-border impact; calls on the Commission and the Member States to increase cooperation and information sharing on disaster risk management, with a view also to improving early warning systems across border regions; welcomes, in this regard, the Interreg Rhine-Meuse projects on public safety, data collection, cross-border river management and administrative cooperation in the field of spatial planning for flood risk reduction; |
| --- | --- |

46.

Points out that climate change also has a serious impact on border regions, including by obliging them to develop common cross-border tailor-made preventive measures for natural disasters; recalls that natural catastrophes that occurred in 2021 affected several border regions in Belgium, France, Luxembourg, the Netherlands and Germany; highlights the obligation for Member States under the EU Civil Protection Mechanism to regularly conduct risk assessments and analyses of disaster scenarios, which covers cross-border cooperation as well as reporting on key risks with a cross-border impact; calls on the Commission and the Member States to increase cooperation and information sharing on disaster risk management, with a view also to improving early warning systems across border regions; welcomes, in this regard, the Interreg Rhine-Meuse projects on public safety, data collection, cross-border river management and administrative cooperation in the field of spatial planning for flood risk reduction;

| 47. | Considers that mutual trust, political will and a flexible approach among multi-level stakeholders, including civil society, are vital to overcoming obstacles and boosting sustainable growth and development in border regions; calls, therefore, for better coordination and dialogue, and the further exchange of best practices among authorities; urges the Commission and the Member States to enhance such cooperation; calls on the Member States, furthermore, to ensure the adequate functional and financial autonomy of respective local and regional authorities; stresses, additionally, that all border regions have to play a decisive role in tackling climate change challenges, through coordinated actions with their surrounding regions; |
| --- | --- |

47.

Considers that mutual trust, political will and a flexible approach among multi-level stakeholders, including civil society, are vital to overcoming obstacles and boosting sustainable growth and development in border regions; calls, therefore, for better coordination and dialogue, and the further exchange of best practices among authorities; urges the Commission and the Member States to enhance such cooperation; calls on the Member States, furthermore, to ensure the adequate functional and financial autonomy of respective local and regional authorities; stresses, additionally, that all border regions have to play a decisive role in tackling climate change challenges, through coordinated actions with their surrounding regions;

| 48. | Notes that border regions reap too few benefits from the deployment of circular economy, renewable energy and energy efficiency measures; calls on the Commission to build on regulatory advances already made and to finance more cross-border projects to produce, pool and store energy from renewable sources; believes that the opportunities for cooperation that already exist in the applicable EU legal framework must be harnessed to the full, and calls on the Member States to step up coordination in the cross-border regions in order to implement the EU strategy for energy system integration; emphasises the potential of the less inhabited border areas to develop sustainable and green economies, and thus to bring added value to local development through the creation of new green jobs; |
| --- | --- |

48.

Notes that border regions reap too few benefits from the deployment of circular economy, renewable energy and energy efficiency measures; calls on the Commission to build on regulatory advances already made and to finance more cross-border projects to produce, pool and store energy from renewable sources; believes that the opportunities for cooperation that already exist in the applicable EU legal framework must be harnessed to the full, and calls on the Member States to step up coordination in the cross-border regions in order to implement the EU strategy for energy system integration; emphasises the potential of the less inhabited border areas to develop sustainable and green economies, and thus to bring added value to local development through the creation of new green jobs;

| 49. | Emphasises that cooperation among neighbouring Member States will be a central element in achieving the objectives of the European Green Deal and calls on the Member States to make the most of existing opportunities for cooperation under the applicable EU legal framework; |
| --- | --- |

49.

Emphasises that cooperation among neighbouring Member States will be a central element in achieving the objectives of the European Green Deal and calls on the Member States to make the most of existing opportunities for cooperation under the applicable EU legal framework;

o

o o

| 50. | Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, the Committee of the Regions and the national and regional Parliaments of the Member States. |
| --- | --- |

50.

Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, the Committee of the Regions and the national and regional Parliaments of the Member States.

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(1)  OJ L 206, 22.7.1992, p. 7.

1

(2)  OJ L 288, 6.11.2007, p. 27.

2

(3)  OJ L 20, 26.1.2010, p. 7.

3

(4)  OJ L 347, 20.12.2013, p. 320.

4

(5)  OJ C 207, 30.6.2017, p. 19.

5

(6)  OJ C 28, 27.1.2020, p. 40.

6

(7)  OJ C 433, 23.12.2019, p. 24.

7

(8)  https://ec.europa.eu/regional_policy/en/newsroom/consultations/border-2020/

8

(9)  OJ L 437, 28.12.2020, p. 108.

9

(10)  OJ C 106, 26.3.2021, p. 12.

10

(11)  OJ L 231, 30.6.2021, p. 60.

11

(12)  OJ L 231, 30.6.2021, p. 94.

12

(13)  https://www.ipcc.ch/report/sixth-assessment-report-working-group-i/; https://www.ipcc.ch/report/ar6/wg1/downloads/report/IPCC_AR6_WGI_Full_Report.pdf.

13

(14)  OJ L 357, 8.10.2021, p. 1.

14

(15)  OJ C 440, 29.10.2021, p. 6.

15

(16)  European Commission, Directorate-General for Regional and Urban Policy, Brustia, G., Dellagiacoma, A., Cordes, C., et al., More and better cross-border public services: obstacles and solutions to cross-border cooperation in the EU, Publications Office of the European Union, 2021, https://data.europa.eu/doi/10.2776/912236

16

(17)  European Commission, Directorate-General for Regional and Urban Policy, Brustia, G., Dellagiacoma, A., Cordes, C., et al., Vibrant cross-border labour markets: obstacles and solutions to cross-border cooperation in the EU, Publications Office of the European Union, 2021, https://data.europa.eu/doi/10.2776/094950

17

(18)  European Commission, Directorate-General for Regional and Urban Policy, Brustia, G., Dellagiacoma, A., Cordes, C., et al., Border regions for the European Green Deal: obstacles and solutions to cross-border cooperation in the EU, Publications Office of the European Union, 2021, https://data.europa.eu/doi/10.2776/475773

18

(19)  European Commission, Directorate-General for Regional and Urban Policy, Brustia, G., Dellagiacoma, A., Cordes, C., et al., B-solutions, solving border obstacles: a compendium 2020-2021, Publications Office of the European Union, 2021, https://data.europa.eu/doi/10.2776/625110

19

(20)  https://www.europarl.europa.eu/cmsdata/214920/budg2021-doc6-tab-en.pdf

20

(21)  European Commission, Cohesion in Europe towards 2050 — Eighth report on economic, social and territorial cohesion, 9 February 2022.

21

Cohesion in Europe towards 2050 — Eighth report on economic, social and territorial cohesion

(22)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).

22

(23)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

23

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/124 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/124

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P9_TA(2022)0329

Implementation of the Updated New Industrial Strategy for Europe: aligning spending to policy

European Parliament resolution of 15 September 2022 on the implementation of the Updated New Industrial Strategy for Europe: aligning spending to policy (2022/2008(INI))

(2023/C 125/11)

The European Parliament,

| — | having regard to the Treaty on the Functioning of the European Union, in particular Articles 9, 151, 152, 153(1) and (2) thereof, as well as Article 173 thereof, which concerns EU industrial policy and refers to, among other things, the competitiveness of the Union’s industry, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, in particular Articles 9, 151, 152, 153(1) and (2) thereof, as well as Article 173 thereof, which concerns EU industrial policy and refers to, among other things, the competitiveness of the Union’s industry,

| — | having regard to the Treaty on European Union, in particular to Article 5(3) thereof and to Protocol No 2 thereof on the application of the principles of subsidiarity and proportionality, |
| --- | --- |

—

having regard to the Treaty on European Union, in particular to Article 5(3) thereof and to Protocol No 2 thereof on the application of the principles of subsidiarity and proportionality,

| — | having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640), |
| --- | --- |

—

having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640),

| — | having regard to the Commission communication of 19 February 2020 entitled ‘Shaping Europe’s digital future’ (COM(2020)0067), |
| --- | --- |

—

having regard to the Commission communication of 19 February 2020 entitled ‘Shaping Europe’s digital future’ (COM(2020)0067),

| — | having regard to the Commission communication of 10 March 2020 entitled ‘A New Industrial Strategy for Europe’ (COM(2020)0102), |
| --- | --- |

—

having regard to the Commission communication of 10 March 2020 entitled ‘A New Industrial Strategy for Europe’ (COM(2020)0102),

| — | having regard to the Commission communication of 10 March 2020 entitled ‘An SME Strategy for a sustainable and digital Europe’ (COM(2020)0103), |
| --- | --- |

—

having regard to the Commission communication of 10 March 2020 entitled ‘An SME Strategy for a sustainable and digital Europe’ (COM(2020)0103),

| — | having regard to the Commission communication of 11 March 2020 entitled ‘A new Circular Economy Action Plan — For a cleaner and more competitive Europe’ (COM(2020)0098), |
| --- | --- |

—

having regard to the Commission communication of 11 March 2020 entitled ‘A new Circular Economy Action Plan — For a cleaner and more competitive Europe’ (COM(2020)0098),

| — | having regard to the Commission communication of 8 July 2020 entitled ‘A hydrogen strategy for a climate-neutral Europe’ (COM(2020)0301), |
| --- | --- |

—

having regard to the Commission communication of 8 July 2020 entitled ‘A hydrogen strategy for a climate-neutral Europe’ (COM(2020)0301),

| — | having regard to the Commission communication of 5 May 2021 entitled ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ (COM(2021)0350), |
| --- | --- |

—

having regard to the Commission communication of 5 May 2021 entitled ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ (COM(2021)0350),

| — | having regard to the Commission communication of 14 July 2021 entitled ‘“Fit for 55”: delivering the EU’s 2030 Climate Target on the way to climate neutrality’ (COM(2021)0550), |
| --- | --- |

—

having regard to the Commission communication of 14 July 2021 entitled ‘“Fit for 55”: delivering the EU’s 2030 Climate Target on the way to climate neutrality’ (COM(2021)0550),

| — | having regard to the opinion of the European Economic and Social Committee of 19 January 2022 entitled ‘Industrial ecosystems, strategic autonomy and well-being’, |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 19 January 2022 entitled ‘Industrial ecosystems, strategic autonomy and well-being’,

| — | having regard to the opinion of the European Committee of the Regions of 2 December 2021 entitled ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ (1), |
| --- | --- |

—

having regard to the opinion of the European Committee of the Regions of 2 December 2021 entitled ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ (1),

| — | having regard to the Commission staff working document of 5 May 2021 entitled ‘Annual Single Market Report 2021’ (SWD(2021)0351), |
| --- | --- |

—

having regard to the Commission staff working document of 5 May 2021 entitled ‘Annual Single Market Report 2021’ (SWD(2021)0351),

| — | having regard to the Commission staff working document of 5 May 2021 entitled ‘Strategic dependencies and capacities’ (SWD(2021)0352), |
| --- | --- |

—

having regard to the Commission staff working document of 5 May 2021 entitled ‘Strategic dependencies and capacities’ (SWD(2021)0352),

| — | having regard to the Commission staff working document of 5 May 2021 entitled ‘Towards competitive and clean European steel’ (SWD(2021)0353), |
| --- | --- |

—

having regard to the Commission staff working document of 5 May 2021 entitled ‘Towards competitive and clean European steel’ (SWD(2021)0353),

| — | having regard to the 2019 report of the Commission’s High-Level Group on Energy-Intensive Industries entitled ‘Masterplan for a Competitive Transformation of EU Energy-Intensive Industries — Enabling a Climate-neutral, Circular Economy by 2050’, |
| --- | --- |

—

having regard to the 2019 report of the Commission’s High-Level Group on Energy-Intensive Industries entitled ‘Masterplan for a Competitive Transformation of EU Energy-Intensive Industries — Enabling a Climate-neutral, Circular Economy by 2050’,

| — | having regard to the International Energy Agency special report of 2021 entitled ‘Net Zero by 2050: A Roadmap for the Global Energy Sector’, |
| --- | --- |

—

having regard to the International Energy Agency special report of 2021 entitled ‘Net Zero by 2050: A Roadmap for the Global Energy Sector’,

| — | having regard to Council conclusions of 21 November 2018 on ‘A future EU Industrial Policy Strategy’, |
| --- | --- |

—

having regard to Council conclusions of 21 November 2018 on ‘A future EU Industrial Policy Strategy’,

| — | having regard to the Council conclusions of 27 May 2019 on an EU industrial policy strategy: a vision for 2030’, |
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—

having regard to the Council conclusions of 27 May 2019 on an EU industrial policy strategy: a vision for 2030’,

| — | having regard to the Council conclusions of 16 November 2020 on a recovery advancing the transition towards a more dynamic, resilient and competitive European industry, |
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—

having regard to the Council conclusions of 16 November 2020 on a recovery advancing the transition towards a more dynamic, resilient and competitive European industry,

| — | having regard to the Council conclusions of 17 December 2020 on making the recovery circular and green, |
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—

having regard to the Council conclusions of 17 December 2020 on making the recovery circular and green,

| — | having regard to its resolution of 15 January 2020 on the European Green Deal (2), |
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—

having regard to its resolution of 15 January 2020 on the European Green Deal (2),

| — | having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (3), |
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—

having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (3),

| — | having regard to its resolution of 25 November 2020 on a new industrial strategy for Europe (4), |
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—

having regard to its resolution of 25 November 2020 on a new industrial strategy for Europe (4),

| — | having regard to its resolution of 16 December 2020 on a new strategy for European SMEs (5), |
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—

having regard to its resolution of 16 December 2020 on a new strategy for European SMEs (5),

| — | having regard to its resolution of 10 February 2021 on the new circular economy action plan (6), |
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—

having regard to its resolution of 10 February 2021 on the new circular economy action plan (6),

| — | having regard to its resolution of 19 May 2021 on a European strategy for hydrogen (7), |
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—

having regard to its resolution of 19 May 2021 on a European strategy for hydrogen (7),

| — | having regard to its resolution of 19 May 2021 on a European strategy for energy system integration (8), |
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—

having regard to its resolution of 19 May 2021 on a European strategy for energy system integration (8),

| — | having regard to its resolution of 24 November 2021 on a European strategy for critical raw materials (9), |
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—

having regard to its resolution of 24 November 2021 on a European strategy for critical raw materials (9),

| — | having regard to the agreement adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (the Paris Agreement), |
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—

having regard to the agreement adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (the Paris Agreement),

| — | having regard to the Commission communication of 30 September 2020 entitled ‘A new ERA for Research and Innovation’ (COM(2020)0628), |
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—

having regard to the Commission communication of 30 September 2020 entitled ‘A new ERA for Research and Innovation’ (COM(2020)0628),

| — | having regard to the Commission communication of 25 November 2020 entitled ‘Pharmaceutical Strategy for Europe’ (COM(2020)0761), |
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—

having regard to the Commission communication of 25 November 2020 entitled ‘Pharmaceutical Strategy for Europe’ (COM(2020)0761),

| — | having regard to the Commission communication of 26 January 2022 entitled ‘Establishing a European Declaration on Digital rights and principles for the Digital Decade’ (COM(2022)0027), |
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—

having regard to the Commission communication of 26 January 2022 entitled ‘Establishing a European Declaration on Digital rights and principles for the Digital Decade’ (COM(2022)0027),

| — | having regard to the Commission staff working document of 8 April 2019 entitled ‘Technology Infrastructures’ (SWD(2019)0158), |
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—

having regard to the Commission staff working document of 8 April 2019 entitled ‘Technology Infrastructures’ (SWD(2019)0158),

| — | having regard to its resolution of 13 December 2016 on a coherent EU policy for cultural and creative industries (10), |
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—

having regard to its resolution of 13 December 2016 on a coherent EU policy for cultural and creative industries (10),

| — | having regard to Commission Recommendation (EU) 2021/1749 of 28 September 2021 on Energy Efficiency First: from principles to practice — Guidelines and examples for its implementation in decision-making in the energy sector and beyond, |
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—

having regard to Commission Recommendation (EU) 2021/1749 of 28 September 2021 on Energy Efficiency First: from principles to practice — Guidelines and examples for its implementation in decision-making in the energy sector and beyond,

| — | having regard to the UN Intergovernmental Panel on Climate Change report of 4 April 2022 entitled ‘Climate Change 2022: Mitigation of Climate Change’, |
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—

having regard to the UN Intergovernmental Panel on Climate Change report of 4 April 2022 entitled ‘Climate Change 2022: Mitigation of Climate Change’,

| — | having regard to Rule 54 of its Rules of Procedure, |
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—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on International Trade, the Committee on the Internal Market and Consumer Protection, the Committee on Transport and Tourism and the Committee on Regional Development, |
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—

having regard to the opinions of the Committee on International Trade, the Committee on the Internal Market and Consumer Protection, the Committee on Transport and Tourism and the Committee on Regional Development,

| — | having regard to the report of the Committee on Industry, Research and Energy (A9-0214/2022), |
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—

having regard to the report of the Committee on Industry, Research and Energy (A9-0214/2022),

| A. | whereas it is crucial to enable industry to implement the twin transitions, while creating high-quality jobs and ensuring competitiveness and its capacity to develop and produce clean products, services and production processes; |
| --- | --- |

A.

whereas it is crucial to enable industry to implement the twin transitions, while creating high-quality jobs and ensuring competitiveness and its capacity to develop and produce clean products, services and production processes;

| B. | whereas the aim of the Industrial Strategy must also be to strengthen the single market and foster technological breakthroughs in order to make the EU a world leader in green and digital technologies; |
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B.

whereas the aim of the Industrial Strategy must also be to strengthen the single market and foster technological breakthroughs in order to make the EU a world leader in green and digital technologies;

| C. | whereas industrial and manufacturing processes represent the backbone of the EU labour market and should foster the creation of high-quality jobs; |
| --- | --- |

C.

whereas industrial and manufacturing processes represent the backbone of the EU labour market and should foster the creation of high-quality jobs;

| D. | whereas in a changing geopolitical world, strengthening strategic autonomy and reducing EU dependencies on critical materials, products, energy, manufacturing capacities and technologies is vital, while maintaining an economy as open as possible and as closed as necessary; |
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D.

whereas in a changing geopolitical world, strengthening strategic autonomy and reducing EU dependencies on critical materials, products, energy, manufacturing capacities and technologies is vital, while maintaining an economy as open as possible and as closed as necessary;

| E. | whereas the Russian war of aggression against Ukraine has shown once again that the EU is highly dependent on energy supply from third countries; whereas the EU needs to refocus its industrial and energy policies with the aim of diversifying its energy sources as quickly as possible, increasing energy savings and energy efficiency measures, as well as deploying massive volumes of renewables and adopting a much stronger circular economy approach across industries based on resilient and sustainable supply chains; |
| --- | --- |

E.

whereas the Russian war of aggression against Ukraine has shown once again that the EU is highly dependent on energy supply from third countries; whereas the EU needs to refocus its industrial and energy policies with the aim of diversifying its energy sources as quickly as possible, increasing energy savings and energy efficiency measures, as well as deploying massive volumes of renewables and adopting a much stronger circular economy approach across industries based on resilient and sustainable supply chains;

| F. | whereas a high level of energy supply dependency, such as on Russia, and high energy prices can be detrimental to the production capacities of European companies; whereas the availability of materials and components, and of manufacturing capacity in Europe is essential to avoid replacing the EU’s energy dependency with an accrued dependency for the supply of rare-earth minerals, other critical metals, equipment, or manufacturing capabilities; |
| --- | --- |

F.

whereas a high level of energy supply dependency, such as on Russia, and high energy prices can be detrimental to the production capacities of European companies; whereas the availability of materials and components, and of manufacturing capacity in Europe is essential to avoid replacing the EU’s energy dependency with an accrued dependency for the supply of rare-earth minerals, other critical metals, equipment, or manufacturing capabilities;

| G. | whereas the EU is home to world leading research institutes, companies and skilled people and has the potential to be a world leader in industrial innovation; |
| --- | --- |

G.

whereas the EU is home to world leading research institutes, companies and skilled people and has the potential to be a world leader in industrial innovation;

| H. | whereas the Commission, having identified its strategic dependencies in the most sensitive industrial ecosystems, has announced that it will propose concrete systemic (economic and regulatory) measures to reduce these dependencies, including by securing and promoting production and investment in Europe; |
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H.

whereas the Commission, having identified its strategic dependencies in the most sensitive industrial ecosystems, has announced that it will propose concrete systemic (economic and regulatory) measures to reduce these dependencies, including by securing and promoting production and investment in Europe;

| I. | whereas the EU needs to address the resilience of supply chains, while creating an attractive, innovative high-value manufacturing and supply ecosystem, aligned with Europe’s research and development (R&D), innovation, climate and environmental goals; |
| --- | --- |

I.

whereas the EU needs to address the resilience of supply chains, while creating an attractive, innovative high-value manufacturing and supply ecosystem, aligned with Europe’s research and development (R&D), innovation, climate and environmental goals;

| J. | whereas CO2 emissions from industry have fallen by 35 % since 1990, in part owing to the relocation of production; |
| --- | --- |

J.

whereas CO2 emissions from industry have fallen by 35 % since 1990, in part owing to the relocation of production;

| K. | whereas the estimated economic potential of reducing final energy consumption by 2030, compared to business as usual, is of 23,5 % for European industry (11); |
| --- | --- |

K.

whereas the estimated economic potential of reducing final energy consumption by 2030, compared to business as usual, is of 23,5 % for European industry (11);

| L. | whereas the Commission has recognised that more economic sectors such as the health sector, the agri-food sector, the mining and raw materials extraction industry and the digital technology industry are crucial to achieving the EU’s strategic autonomy; |
| --- | --- |

L.

whereas the Commission has recognised that more economic sectors such as the health sector, the agri-food sector, the mining and raw materials extraction industry and the digital technology industry are crucial to achieving the EU’s strategic autonomy;

| M. | whereas the Commission has recognised in the new updated industrial strategy that unsustainable market policies, including on public procurement, could lead to market consolidation; |
| --- | --- |

M.

whereas the Commission has recognised in the new updated industrial strategy that unsustainable market policies, including on public procurement, could lead to market consolidation;

| 1. | Welcomes the update of the industrial strategy; stresses that for the Green Deal to be a true sustainable and transformational growth strategy, reduce dependencies and maintain a level playing field for European industry during the twin transitions, it needs to be accompanied by ambitious industrial policy in order to become a competitive front runner in a net-zero greenhouse gas (GHG) emissions and sustainable economy, and to create synergies between businesses, small and medium-sized enterprises (SMEs) and start-ups, and that it needs to be supported by an ambitious R&D policy and SME-friendly framework; stresses that this need has increased significantly as a result of the ongoing climate and energy crisis and the Russian war of aggression against Ukraine; highlights, in this regard, the need for targeted relief measures for vulnerable customers in the industrial context, in particular vulnerable SMEs and micro-enterprises, which have also been strongly affected by the effects of the COVID-19 pandemic; |
| --- | --- |

1.

| 2. | Calls on the Commission and the Member States to consider the impact of the Russian war of aggression against Ukraine on European industry and its capacities in current and future initiatives and objectives, and to adopt a holistic approach when it creates incentives to support strategic industrial sectors and their supply chains, which are facing a sharp increase in the costs of energy, transport and raw materials; recognises that there are numerous measures that can help reduce these impacts, while also reducing GHG emissions and air pollution; |
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2.

| 3. | Stresses that a functioning European single market is an important asset to strengthen industrial resilience, Europe’s attractiveness as an investment destination and the competitiveness of the EU, as well as to enhance the twin transitions as a base for new growth in industrial sectors; |
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3.

| 4. | Underlines that the EU cannot be dependent on non-EU countries for products, energy, manufacturing capacities and technologies that are essential to our economy and for our society of the future; stresses that the EU needs to regain a strong position in crucial global value chains and secure the supply of critical raw materials in times of crisis, also through the increased use of circular business models; highlights the benefit of shorter supply chains for the resilience of our economy and for achieving the EU’s climate ambitions; |
| --- | --- |

4.

| 5. | Highlights the importance of international collaboration, equal partnerships and open global fair trade for the European economy, noting that one of the most efficient ways to strengthen European industrial resilience and reduce dependences is to diversify supply chains through ambitious trade policy measures, including strategic trade and investment agreements; |
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5.

| 6. | Calls on the Commission to present clear and science-based transition pathways for the industrial ecosystem as soon as possible, including by identifying the needs for a successful transition in terms of infrastructure, technologies and skills; calls on the Commission to ensure consistency, coordination and synergies across all initiatives, objectives, funding and regulatory instruments that will support industry through the transitions; highlights the need for alignment between the transition pathways, the industrial technology roadmaps and the Strategic Research and Innovation Agendas of the European Partnerships under Horizon Europe; calls for annual monitoring and reporting on the competitiveness, technological progress, employability and resilience of our industrial ecosystems and on the progress of individual sectors’ transition pathways, including their consistency with the EU climate goals, so that instruments can be adapted swiftly when needed; stresses that all stakeholders in the value chain, including civil society, the academic community, consumer organisations, trade unions and the European Scientific Advisory Board on Climate Change should be involved in a transparent manner in the process of the transition pathways ensuring a continuous, science-based monitoring of progress; |
| --- | --- |

6.

| 7. | Calls on the Commission to present a strategy focused on the transition of the most energy-intensive industries that would allow them to preserve their competitiveness and at the same time support greater EU strategic autonomy, as these industries are often of strategic importance; |
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7.

| 8. | Recalls that Europe’s industrial competitiveness to a large extent depends on its capacity for innovation; notes that the EU is outperformed by other economic powers in R&D expenditures as a percentage of GDP; reiterates the importance of an ambitious level of investment in R&D to improve the EU’s competitive position in the world; regrets that the target of 3 % of GDP investments in R&D has still not been achieved in the vast majority of Member States; calls on the Commission to coordinate Member States’ efforts in further committing to increased national R&D investment targets, in particular for national public and private funding for industrial innovation and research to move towards curiosity-driven and low technology readiness level research to maintain and improve the knowledge base which sustains Europe’s industrial innovation; highlights, in this regard, the role open science partnerships can play; calls on the Commission to ensure that investment in R&D is also geared towards the participation of micro-enterprises; |
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8.

| 9. | Points to the need for Horizon Europe’s work programmes and the public-private partnerships to take account of the new circumstances resulting from the Russian invasion of Ukraine, in particular clusters 4 and 5 on ‘industry, digital and space’ and on ‘climate, energy and mobility’, and to focus industry-oriented R&D on the replacement of fossil fuels and on reducing the reliance of EU industries on energy imports; |
| --- | --- |

9.

| 10. | Calls on the Commission to contribute to closing the investment gap with global competitors for key enabling technologies; welcomes, in this regard, the Commission’s proposal for a European Chips Act and the establishment of the European Alliance for Industrial Data, Edge and Cloud; calls on the Commission to swiftly kick off the delayed work of the European Industrial Alliance for Processors and Semiconductor Technologies; calls on the Commission to extend swiftly these initiatives to other research, development and innovation (RDI) instruments and to key enabling technologies, such as batteries, artificial intelligence, cybersecurity, automation and robotics, biotechnology, edge computing, photonics and quantum computing and technology; |
| --- | --- |

10.

| 11. | Welcomes the Commission’s efforts in relation to the European semiconductor ecosystem, including increased local production capacity, pilot lines and first-of-a-kind manufacturing sites for advanced chip technology, chip and system design; stresses the need to ensure that the funding of European Chips Act will not lead to decreased funding for other existing related EU programmes; welcomes the Staff Working Document accompanying the European Chips Act (SWD(2022)0147); nevertheless calls on the Commission to produce an impact assessment, including the environmental impact, and a comprehensive analysis of the future needs for chips, the competitive advantage of different types and the potential for chip production in Europe; |
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11.

| 12. | Highlights the importance of fully implementing the existing Strategic Research and Innovation Agenda (SRIA) of the Key Digital Technologies Joint Undertaking (KDT JU), as this is a crucial agenda for the Union’s strategic autonomy in several key enabling technologies; considers that redirecting the funding of the KDT JU towards research specifically on chips should primarily happen within the framework of the existing SRIA; |
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12.

| 13. | Stresses the need to strengthen ‘Made in EU’ and accelerate the adoption of Industry 4.0 technologies, particularly by SMEs; calls on the Commission to embed the ‘Made in Europe’ partnership strongly in the Horizon Europe programme and to do so by fostering SMEs’ cooperation with universities and research and technology organisations; emphasises that ‘Made in Europe’ should stand not only for quality and innovation, but also for highly sustainable and socially fair industrial products, processes and services, and promote the recovery of quality employment and manufacturing opportunities throughout the Union, in order to support the balanced and sustainable development of all EU regions; |
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13.

| 14. | Stresses the importance of the Industrial Forum established by the industrial strategy and notes that, among the five task forces that were created, one is directly relevant for the single market and analyses the horizontal aspects of the single market and the removal of barriers, while another has a specific focus on advanced manufacturing as an horizontal enabler for a wide range of ecosystems; |
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14.

| 15. | Underlines the importance of the Union’s zero pollution ambition and of a fully integrated circular economy to create an efficient and decarbonised industry; calls on the Commission to undertake analyses on recycling and reintroducing into the product cycle; calls on the Commission to give particular consideration to funding and tender opportunities to projects of companies that are innovative front runners in the circular economy, as well as to the need to stimulate the development of lead markets; considers that waste prevention and the reduction of waste-related energy and resource consumption, as well as closed loop recycling along whole industrial sectors, are indispensable for a circular economy; further highlights the importance of standards, purchasing mandates, quotas, sustainability and reparability by design facilitating the recycling and reuse of important (critical) raw materials, as well as of the enhanced use and longevity of products; |
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15.

| 16. | Welcomes the Commission’s announcement issuing guidance on public procurement and its efforts to promote reciprocity in access to public procurement markets; stresses that public procurement is an essential instrument for national and economic security, industrial policy, social and ecological sustainability and for supporting the uptake of and demand for sustainable products and services; underlines that public procurement mechanisms should further support the transformation of Europe’s industry by fostering the production of eco-innovative, cost-effective and sustainable goods and services, and increasing the demand for secondary raw materials stemming from the deployment of circular production processes; calls, in this regard, on the Commission to review public procurement and competition rules where needed, while ensuring the proper functioning of the single market; recalls the importance of the guidelines developed by the Commission on how Member States should include performance goals and quality criteria, as well as the Most Economic Advantageous Tender (MEAT) criterion, in the contracts awarded; calls on the Commission to safeguard access for SMEs and to combat procurement criteria that set requirements or qualifications beyond the core elements of the service or goods purchased, so that SMEs have a fair chance to participate in the substantial market for public procurement; calls for the highest level of vigilance with regard to non-European actors acquiring critical infrastructure; |
| --- | --- |

16.

| 17. | Recalls the role of sustainable procurement practices in preventing medicines shortages, ensuring security of supply and securing manufacturing investments; urges the Commission to support Member States by developing targeted EU rules on the procurement of medicines, under the current public procurement directive, aimed at ensuring long-term sustainability, competition, security of supply and stimulating investments in manufacturing; |
| --- | --- |

17.

| 18. | Calls on the Commission to assess the joint procurements launched during the COVID-19 outbreak, to compare them with the advanced purchased agreement, and to make use of the lessons learned to improve this tool by avoiding any internal market disruption; |
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18.

| 19. | Highlights the importance of including education, upskilling and reskilling in the transition pathways as important tools in the transformation of EU industry and in the efforts to achieve higher productivity, taking into account the needs of the labour market of regions in the process of economic revitalisation, in order to prevent regions becoming impoverished; calls on the Commission and the Member States to develop a strategy for vocational education and business-education partnerships together with social partners, particularly within regional industrial clusters, to boost skills and enhance the uptake of ready-for-market innovations by SMEs, and by establishing incentives for SMEs to train and improve the skills of their personnel and workers, especially in the field of digital skills; highlights the need to strengthen cooperation between R&D and industry, especially in the form of technology transfers to SMEs; stresses that the promotion of gender equality, gender mainstreaming, equal opportunities and women’s labour market participation and entrepreneurship should be ensured; |
| --- | --- |

19.

| 20. | Stresses the importance of proactive education and training policies that foster recruiting and retaining talent in the EU; calls on the Commission and the Member States to support world-class researchers and teachers in the EU to lead the education, research, development and training agenda of the future workforce and to enhance collaboration between education and training, research and the business sector; |
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20.

| 21. | Stresses the need for Member States to implement the Pact for Skills and the Union’s other initiatives aimed at creating reskilling and upskilling opportunities for the workforce, to equip individuals with the required skills leading to professional diversification and to address labour and skills shortages and speed up the re- and upskilling of workers and the unemployed, especially the workers who are most vulnerable in terms of the transition; highlights the need to implement the initiatives aimed at reinforcing the European Research Area, the European Education Area and the European Innovation Ecosystems, aimed at building a strong European internal market for research and innovation; |
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21.

| 22. | Stresses that less qualified workers are especially vulnerable; highlights, in this regard, the relevance of the Just Transition Fund, despite its limited scope; |
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22.

| 23. | Underlines that SMEs and start-ups play a central role in EU industrial ecosystems, especially in the digitalisation of the EU, and are a critical source of sustainable and socially responsible business models and product innovation; stresses the need to improve their access to national and EU financing, in particular in traditional sectors where digitalisation has not been developed yet; regrets the financing gap for entrepreneurs caused by gender, sexual orientation or origin; highlights the role of the European Innovation Council to foster a European start-up and investment ecosystem more conducive to the development of deep-tech and high-risk, high-reward innovations; |
| --- | --- |

23.

| 24. | Is of the opinion that the initiatives to achieve the Digital Decade will contribute to the digital transformation of businesses, especially SMEs, which still lag behind large companies on digital skills and on the digitalisation of their operations; |
| --- | --- |

24.

| 25. | Highlights the need to address the existing barriers in the single market that are hindering the growth of SMEs and start-ups in Europe, as well as the need for an improved legal and regulatory framework and consequently to introduce SME-friendly policies; |
| --- | --- |

25.

| 26. | Stresses the need to modernise and future-proof the regulatory framework in order to ensure regulatory stability and predictability, which facilitates innovation, investments, the approval of innovative products and services, and enables the transformation to a net-zero GHG economy and to secure Europe’s competitiveness and high-quality jobs, while taking into account the economic, environmental, gender and social aspects; calls on the Commission to include roadmaps in the transition pathways, with binding quantitative and qualitative targets, after concluding an impact assessment, and to reduce unnecessary administrative burdens for European businesses, especially SMEs; stresses the ‘one in, one out’ principle; |
| --- | --- |

26.

| 27. | Highlights the need to reduce unnecessary administrative burdens for companies, especially for SMEs and start-ups, while maintaining the highest standards for consumers, workers, health and environmental protection; stresses that Europe is experiencing a turning point as a result of the Russian war of aggression against Ukraine and the consequences of the COVID-19 pandemic; calls on the Commission to assess whether new legislative proposals would place undue regulatory or administrative burden on companies; |
| --- | --- |

27.

| 28. | Recalls the role that the public administration plays to ensure a business-friendly economic environment and to reduce unnecessary administrative burdens on enterprises, while ensuring the highest standards of transparency and workers’ safety; believes that e-government tools, digital innovation policies and the enhancement of digital skills should be promoted within the public sector and among its employees; |
| --- | --- |

28.

| 29. | Underlines the national and regional dimensions of industrial policy and the role of regional smart specialisation strategies, in particular in terms of employment and economic and industrial development throughout the territory of Member States; calls, in this regard, for an analysis of the achievements of smart specialisation strategies as a platform for future measures at regional level; stresses the need for transparent participation of all local stakeholders, including civil society and community representatives, in the preparation and implementation of regional smart specialisation strategies; calls on the Commission to include instruments to increase the use of ‘Made in EU’ at a regional level; |
| --- | --- |

29.

| 30. | Calls on the Commission to build on regional ecosystems that embrace their own smart specialisation, help to bridge regional disparities and involve the public administration, higher education institutions, scientists, civil society and industry to combine their knowledge and co-create content, context and learning experiences; |
| --- | --- |

30.

| 31. | Insists on the need to ensure the social fairness of industrial transition and to develop adequate measures to support the re-industrialisation of regions in transition through strategic interregional investment projects and through re-development plans for vulnerable regions, especially rural and remote areas; |
| --- | --- |

31.

| 32. | Stresses the need for a fundamental reorientation of our European energy policy in response to Russia’s violent invasion of Ukraine; calls for a significantly reduction in the EU’s energy dependence, especially on Russian gas, oil, coal and nuclear fuel; calls on the Commission and the Member States to accelerate the production capacities of sustainable, affordable, secure and abundant renewable and transitional low-carbon energy, and to increase energy savings and energy efficiency measures; calls on the Commission to more effectively support the development of energy sources that will allow the increasing electricity needs to be met and to increase the coordination of the planning and financing of the needed infrastructure, in particular for the needed electricity, energy, smart grids, hydrogen, CO2 and heating/cooling infrastructure; |
| --- | --- |

32.

| 33. | Stresses that a stable supply of energy is essential to the proper functioning of the European industrial ecosystem; warns that an energy supply contraction could have damaging consequences for productive infrastructure; highlights, in this regard, the need for a coordination system that would systematically monitor the availability of gas in times of crisis, in order to facilitate common European strategies to deal with the crisis; |
| --- | --- |

33.

| 34. | Points to the fact that the processes of heating and cooling remain one of the most significant energy uses in the industrial sector; underlines that, in order to accelerate the reduction of GHG emissions in industry, the energy efficiency potentials in industrial heating and cooling need to be fully tapped; stresses the need to make better use of unavoidable waste heat and cold, as well as industrial clusters and symbioses offering significant synergies and energy-saving potentials in many sectors, including textiles, chemicals, food processing and machinery; |
| --- | --- |

34.

| 35. | Calls on the Commission to step up its efforts in unlocking the potential of the circular bio-economy, where sustainable and renewable resources are used in order to promote competitive and resilient industries in the long term; highlights, in this regard, that the use of biomass waste can effectively substitute fossil fuels, while allowing the CO2 footprint to be reduced; urges, therefore, the EU, national and local authorities to encourage such a circular approach in all policies; |
| --- | --- |

35.

| 36. | Calls on the Commission and the Member States to bring down the time needed to issue permits substantially and create fast-track permitting procedures for infrastructure that supports industry in the transition to a climate-neutral circular economy, without prejudice to the transparency, legitimacy and legality of the existing procedures; emphasises, in this context, the need for the development of a hydrogen backbone in Europe, to further develop the interconnections across our continent and to support the widespread deployment of energy-saving technologies such as the installation of highly efficient local renewable energy generation facilities and co-generation, in particular for SMEs; |
| --- | --- |

36.

| 37. | Reiterates the need for an enabling framework to develop sustainable mobility and to support sector coupling; |
| --- | --- |

37.

| 38. | Calls on the Member States and the Commission to accelerate the implementation of all EU RDI, infrastructure and digital programmes and instruments in a smart and selective way, including important projects of common European interest to target market failures, and industrial alliances, as well as technology infrastructures to test, validate and upscale new technological solutions, particularly those that develop the innovative breakthrough technologies needed for the twin transitions, particularly those related to energy production, fuels and key enabling technologies, and for the implementation of an efficient circular economy, such as clean steel, clean aviation, e-fuels, clean fertilisers, and e-cracking; |
| --- | --- |

38.

| 39. | Stresses that a swift assessment of important projects of common European interest (IPCEI) applications by the Commission is crucial for the resilience of European industry; calls on the Commission to establish clear, effective, simple and comprehensive guidelines regarding IPCEIs; reiterates the importance of the de-risking of funding, such as through InvestEU or the Innovation Fund, which is essential for enhancing the EU’s manufacturing capabilities in key strategic sectors, such as the solar industry, enabling it to rebuild a solid European manufacturing base; |
| --- | --- |

39.

| 40. | Highlights to the great potential of Carbon Contracts for Difference (CCfDs) as a vital instrument to trigger emissions reductions and reduce dependency on fossil fuels in industry; considers their importance in particular for hard-to-abate sectors, upscaling technologies and for supporting their diffusion within sectors; emphasises that CCfDs should be proportionate, in line with EU legislation, WTO-compliant and should not lead to undue distortions of the EU’s internal market; |
| --- | --- |

40.

| 41. | Welcomes the Commission analysis on strategic dependencies and capacities, in line with the aim of strategic autonomy; calls on the Commission to finalise the analyses and industrial technology roadmaps as soon as possible and propose actions to reduce dependence on the identified critical products, including recycling and resource-efficiency actions, and supplies, including energy suppliers; highlights the importance of assuring the uninterrupted access of essential medical and healthcare equipment to the EU common market, following the experience gained from the initial shortages at the beginning of the COVID-19 pandemic; highlights the necessity of a strategy based on further in-depth analysis of mutual dependencies to strengthen the EU’s capacity in critical value chains and manufacturing; while remaining committed to multilateralism and free trade; |
| --- | --- |

41.

| 42. | Calls on the Commission to adopt a holistic value chain approach when analysing strategic dependencies across the 14 critical industrial ecosystems it has identified in its 2021 Annual Single Market Report; recommends that these in-depth examinations be extended to all sectors considered as strategic; asks the Commission to take into account the impact of the extraterritorial measures taken by non-EU countries on EU industries, particularly in terms of export controls; points out that to avoid creating new dependencies and vulnerabilities, the Updated New Industrial Strategy should be driven by European resources and technological capabilities; |
| --- | --- |

42.

| 43. | Underlines that recycling has to play a critical role in increasing the supply of raw and secondary materials, thereby reducing the EU’s reliance on imports from non-EU countries; calls on the Commission to further support measures to limit the increase in demand for primary raw materials, such as promoting the circular economy, supporting R&I for material substitutions, including sustainable supplies in trade agreements, and through strategic partnerships for raw materials; |
| --- | --- |

43.

| 44. | Calls on the Commission to broaden the scope of the Observatory of Critical Technologies to include continuously monitoring, evaluating and reporting on resilience indicators for EU industries, such as mutual dependencies in key technologies, manufacturing capacities, an early warning system for potential shortages, strategic dependencies and foreign subsidies in strategic sectors; |
| --- | --- |

44.

| 45. | Calls on the Commission and the Member States to create ad hoc incentives for investments in the production of critical goods, such as essential medicines, to achieve its open strategic autonomy, as well as for manufacturing technology with a view to any kind of crisis, including a war, while ensuring long-term resilient supply chains; |
| --- | --- |

45.

| 46. | Calls on the Commission to ensure that the measures proposed in the EU Pharmaceutical Strategy ensure the role of the EU as an innovator in R&D, as well as guarantee competitiveness, provide reliable and affordable supplies, access to modern medicines and that they stimulate innovation and investment in R&D; notes that attracting a strong research-based pharmaceutical industry to the EU will also support EU resilience; stresses the need to support dedicated investments in R&I, the manufacturing of medicines and active ingredients in the EU and maintaining vibrant research-based and production facilities on its territory; |
| --- | --- |

46.

| 47. | Is strongly concerned about unfair competition, investments and takeovers by non-EU state-financed companies on the single market, especially in strategic sectors such as energy supply, needed to ensure the Union’s independence and energy security; calls on the Commission to analyse this interference, to guarantee a level playing field, especially for SMEs, to develop suitable and legally sound measures to prevent interference, while, overall, ensuring that the well-established framework of EU competition policy is not be undermined and fair competition is promoted among non-EU and EU companies alike operating in the EU single market; |
| --- | --- |

47.

| 48. | Welcomes the Commission’s proposals aimed at establishing a level playing field for both European and non-European companies; stresses the need to maintain European companies’ export competitiveness in connection with these proposals; |
| --- | --- |

48.

| 49. | Calls on the Commission, with a view to the next review, to broaden the scope and definitions of the framework for foreign direct investment to address the effect of foreign subsidies on economic security in the EU and of technology transfers by EU companies in non-EU countries in strategic sectors; |
| --- | --- |

49.

| 50. | Calls on the Commission to promote the transfer of environmental technologies to developing countries in order to facilitate the green transition on a global scale; |
| --- | --- |

50.

| 51. | Is concerned about the increasing dependence on non-EU producers for security equipment in vital and sensitive parts of our society, such as border- , cyber-, and defence security; stresses the need to designate security technology and equipment a strategic sector; calls for an action plan to boost this EU industry, including through adapted public procurement rules; |
| --- | --- |

51.

| 52. | Highlights the conclusions of the European Court of Auditors’ report on delays in implementing 5G networks and the risks associated with non-EU vendors (12); calls on the Commission to stimulate a coordinated 5G roll-out in the EU and reduce external dependencies and interference risks in 5G and 6G communication technology through coordinated support to enable European players to build the R&D capacities for 6G systems and develop lead markets for 5G infrastructure as a basis for the digital and green transformations; calls on the Commission to ensure an adequate level of competitiveness in the field of 5G technologies, while guaranteeing the security of 5G networks; |
| --- | --- |

52.

| 53. | Highlights that the cultural and creative industries and sectors are central to the New European Bauhaus movement which will be a crucial initiative; notes that cultural and creative sectors are a driving force for innovation and development in Europe; calls on the Commission to develop a comprehensive, coherent and long-term industrial policy framework for the cultural and creative sectors; |
| --- | --- |

53.

| 54. | Welcomes the Commission’s proposal for a Data Act and the development of a common European data spaces initiative; underlines the role that interoperable, competitive and Europe-wide data spaces will play for several industrial sectors, including artificial intelligence development, mobility, the environment, health and smart manufacturing; emphasises the need for a differentiated approach that takes the characteristics of each sector into account; believes that the leading role of non-EU/European Economic Area companies in the EU data spaces initiatives may water down the goal of strengthening the EU’s technological sovereignty; stresses the importance of the data economy and asks the Commission to accelerate all data-related initiatives and support the emergence of a European data space ecosystem based on trustworthiness, competitiveness and interoperability, and to foster the creation of shared European infrastructures to facilitate the use and the exchange of data across industrial sectors, strengthening the data, cloud and edge ecosystems and reinforcing investments in high-speed communications; stresses, in this regard, the importance of legal certainty which is key for the innovative capacity of EU companies; |
| --- | --- |

54.

| 55. | Highlights the need to ensure the resilience of communication networks and the security of dataspaces, thereby encouraging the swift deployment of fibre networks that could ensure multiple pathways and resilience to physical and cyberattacks; |
| --- | --- |

55.

| 56. | Calls on the Commission to ensure that the digital transition makes use of state-of-the-art methods and best practices to reduce GHG emissions, computational complexities, increase energy efficiency and the efficiency of data of the systems in productive use; stresses, in this regard, the necessity for a method to include an environmental sustainability assessment in the digital transition, including on energy use, over the entire life cycle of products and systems; |
| --- | --- |

56.

| 57. | Calls on the Commission to introduce measures to prevent non-EU ownership of EU notified bodies, which are designated by an EU country to assess the conformity of certain products before being placed on the market; |
| --- | --- |

57.

| 58. | Welcomes the Commission’s initiative for a European standardisation strategy that aims to support the digital transformation and the green transition, and shares the ambition to take a more proactive approach towards strategy setting for standards, including at international level, with key trading partners; |
| --- | --- |

58.

| 59. | Notes that, in order to achieve strategic autonomy, the EU needs to develop its defence capabilities; stresses the importance of providing policy direction and developing ambitious public programmes to support and boost investments in the space and defence industries; believes that it is of the utmost importance to operationalise a reliable, modest and efficient European defence equipment market, including a high degree of technological sovereignty; |
| --- | --- |

59.

| 60. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

60.

---

(1)  OJ C 97, 28.2.2022, p. 43.

(2)  OJ C 270, 7.7.2021, p. 2.

(3)  OJ C 316, 6.8.2021, p. 2.

(4)  OJ C 425, 20.10.2021, p. 43.

(5)  OJ C 445, 29.10.2021, p. 2.

(6)  OJ C 465, 17.11.2021, p. 11.

(7)  OJ C 15, 12.1.2022, p. 56.

(8)  OJ C 15, 12.1.2022, p. 45.

(9)  OJ C 224, 8.6.2022, p. 22.

(10)  OJ C 238, 6.7.2018, p. 28.

(11)  European Court of Auditors Special Report 02/2022: ‘Energy efficiency in enterprises. Some energy savings but weaknesses in planning and project selection’ https://www.eca.europa.eu/Lists/ECADocuments/SR22_02/SR_Energy-effic-enterpr_EN.pdf

(12)  European Court of Auditors Special Report 03/2022: ‘5G roll-out in the EU: delays in deployment of networks with security issues remaining unsolved’, Publications Office of the European Union, Luxembourg, 2022.

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/135 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/135

---

P9_TA(2022)0330

Consequences of drought, fire, and other extreme weather phenomena: increasing EU's efforts to fight climate change

European Parliament resolution of 15 September 2022 on the consequences of drought, fire, and other extreme weather phenomena: increasing the EU’s efforts to fight climate change (2022/2829(RSP))

(2023/C 125/12)

The European Parliament,

| — | having regard to its resolution of 28 November 2019 on the climate and environment emergency (1), |
| --- | --- |

—

having regard to its resolution of 28 November 2019 on the climate and environment emergency (1),

| — | having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640) and to Parliament’s resolution of 15 January 2020 thereon (2), |
| --- | --- |

—

having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640) and to Parliament’s resolution of 15 January 2020 thereon (2),

| — | having regard to Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (3), |
| --- | --- |

—

having regard to Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (3),

| — | having regard to the Commission communication of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030: Bringing nature back into our lives’ (COM(2020)0380) and to Parliament’s resolution of 9 June 2021 thereon (4), |
| --- | --- |

—

having regard to the Commission communication of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030: Bringing nature back into our lives’ (COM(2020)0380) and to Parliament’s resolution of 9 June 2021 thereon (4),

| — | having regard to the farm to fork strategy for a fair, healthy and environmentally-friendly food system (COM(2020)0381) and its resolution of 20 October 2021 thereon (5), |
| --- | --- |

—

having regard to the farm to fork strategy for a fair, healthy and environmentally-friendly food system (COM(2020)0381) and its resolution of 20 October 2021 thereon (5),

| — | having regard to the UN Framework Convention on Climate Change (UNFCCC), and in particular the 2015 Paris Agreement thereof, which entered into force on 4 November 2016, |
| --- | --- |

—

having regard to the UN Framework Convention on Climate Change (UNFCCC), and in particular the 2015 Paris Agreement thereof, which entered into force on 4 November 2016,

| — | having regard to the Global Assessment Report on Disaster Risk Reduction (GAR) Special Report on Drought 2021 by the UN Office for Disaster Risk Reduction, |
| --- | --- |

—

having regard to the Global Assessment Report on Disaster Risk Reduction (GAR) Special Report on Drought 2021 by the UN Office for Disaster Risk Reduction,

| — | having regard to the UN Sustainable Development Goals (SDGs) agreed upon in 2015, in particular goal 15, |
| --- | --- |

—

having regard to the UN Sustainable Development Goals (SDGs) agreed upon in 2015, in particular goal 15,

| — | having regard to the UN Convention to Combat Desertification (UNCCD), |
| --- | --- |

—

having regard to the UN Convention to Combat Desertification (UNCCD),

| — | having regard to the 2021 special edition of the Global Wetland Outlook published by the Secretariat of the Convention on Wetlands, |
| --- | --- |

—

having regard to the 2021 special edition of the Global Wetland Outlook published by the Secretariat of the Convention on Wetlands,

| — | having regard to the Commission’s Joint Research Centre report entitled ‘Drought in Europe — August 2022’, |
| --- | --- |

—

having regard to the Commission’s Joint Research Centre report entitled ‘Drought in Europe — August 2022’,

| — | having regard to the Commission communication of 16 July 2021 entitled ‘New EU Forest Strategy for 2030’ (COM(2021)0572), |
| --- | --- |

—

having regard to the Commission communication of 16 July 2021 entitled ‘New EU Forest Strategy for 2030’ (COM(2021)0572),

| — | having regard to the Commission communication of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030 — Bringing nature back into our lives’ (COM(2020)0380), |
| --- | --- |

—

having regard to the Commission communication of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030 — Bringing nature back into our lives’ (COM(2020)0380),

| — | having regard to the global assessment report of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services of May 2019 on biodiversity and ecosystem services, |
| --- | --- |

—

having regard to the global assessment report of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services of May 2019 on biodiversity and ecosystem services,

| — | having regard to its resolution of 17 December 2020 on the EU strategy on adaptation to climate change (6), |
| --- | --- |

—

having regard to its resolution of 17 December 2020 on the EU strategy on adaptation to climate change (6),

| — | having regard to the Commission communication of 17 November 2021 entitled ‘EU Soil Strategy for 2030: Reaping the benefits of healthy soils for people, food, nature and climate’ (COM(2021)0699) and to Parliament’s resolution of 28 April 2021 on soil protection (7), |
| --- | --- |

—

having regard to the Commission communication of 17 November 2021 entitled ‘EU Soil Strategy for 2030: Reaping the benefits of healthy soils for people, food, nature and climate’ (COM(2021)0699) and to Parliament’s resolution of 28 April 2021 on soil protection (7),

| — | having regard to the European Charter on Water Resources, |
| --- | --- |

—

having regard to the European Charter on Water Resources,

| — | having regard to the Intergovernmental Panel on Climate Change (IPCC) report entitled ‘Climate Change 2022: Impacts, Adaptation and Vulnerability’, |
| --- | --- |

—

having regard to the Intergovernmental Panel on Climate Change (IPCC) report entitled ‘Climate Change 2022: Impacts, Adaptation and Vulnerability’,

| — | having regard to UN General Assembly resolution 64/292 of 28 July 2010, which recognises the human right to water and sanitation, |
| --- | --- |

—

having regard to UN General Assembly resolution 64/292 of 28 July 2010, which recognises the human right to water and sanitation,

| — | having regard to its resolution of 8 September 2015 on the follow-up to the European Citizens’ Initiative Right2Water (8), |
| --- | --- |

—

having regard to its resolution of 8 September 2015 on the follow-up to the European Citizens’ Initiative Right2Water (8),

| — | having regard to European Environment Agency (EEA) report No 17/2020 entitled ‘Water and agriculture: towards sustainable solutions’, |
| --- | --- |

—

having regard to European Environment Agency (EEA) report No 17/2020 entitled ‘Water and agriculture: towards sustainable solutions’,

| — | having regard to the World Resources Institute report of 21 January 2020 entitled ‘Achieving Abundance: Understanding the Cost of a Sustainable Water Future’, |
| --- | --- |

—

having regard to the World Resources Institute report of 21 January 2020 entitled ‘Achieving Abundance: Understanding the Cost of a Sustainable Water Future’,

| — | having regard to the EEA report of 14 October 2021 entitled ‘Water resources across Europe — confronting water stress: an updated assessment’, |
| --- | --- |

—

having regard to the EEA report of 14 October 2021 entitled ‘Water resources across Europe — confronting water stress: an updated assessment’,

| — | having regard to the Commission’s 2019 Fitness Check of the Water Framework Directive, Groundwater Directive, Environmental Quality Standards Directive and Floods Directive (SWD(2019)0439), |
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—

having regard to the Commission’s 2019 Fitness Check of the Water Framework Directive, Groundwater Directive, Environmental Quality Standards Directive and Floods Directive (SWD(2019)0439),

| — | having regard to the assessment reports and special reports of the IPCC, |
| --- | --- |

—

having regard to the assessment reports and special reports of the IPCC,

| — | having regard to the Commission communication of 24 February 2021 entitled ‘Forging a climate-resilient Europe — the new EU Strategy on Adaptation to Climate Change’ (COM(2021)0082), |
| --- | --- |

—

having regard to the Commission communication of 24 February 2021 entitled ‘Forging a climate-resilient Europe — the new EU Strategy on Adaptation to Climate Change’ (COM(2021)0082),

| — | having regard to Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (9) (Common Provisions Regulation), |
| --- | --- |

—

having regard to Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (9) (Common Provisions Regulation),

| — | having regard to Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (10), |
| --- | --- |

—

having regard to Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (10),

| — | having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (11) (EUSF), |
| --- | --- |

—

having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (11) (EUSF),

| — | 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 according to the European Drought Observatory, in August 2022, 64 % of the continent was under a drought warning (with 17 % on drought alert); whereas preliminary data suggest the current drought is the worst for at least 500 years; whereas the average temperature across Europe in 2022 was the highest on record for both August and the period June-August (12); whereas drier than normal conditions are forecast to persist in the coming months in large parts of Europe, and whereas heat waves and drought reinforce each other; |
| --- | --- |

A.

whereas according to the European Drought Observatory, in August 2022, 64 % of the continent was under a drought warning (with 17 % on drought alert); whereas preliminary data suggest the current drought is the worst for at least 500 years; whereas the average temperature across Europe in 2022 was the highest on record for both August and the period June-August (12); whereas drier than normal conditions are forecast to persist in the coming months in large parts of Europe, and whereas heat waves and drought reinforce each other;

| B. | whereas according to the IPCC, it is clear that the climate crisis makes extreme weather events such as floods, storms and heat more frequent and more intense, which means that precipitation and storms are getting heavier, heatwaves are getting hotter and droughts are getting longer and more severe; |
| --- | --- |

B.

whereas according to the IPCC, it is clear that the climate crisis makes extreme weather events such as floods, storms and heat more frequent and more intense, which means that precipitation and storms are getting heavier, heatwaves are getting hotter and droughts are getting longer and more severe;

| C. | whereas the climate crisis is already having dramatic effects on ecosystems, human populations and peoples’ livelihoods; whereas the European continent is warming faster than other parts of the world according to the IPCC, with a temperature increase of 2 oC in 2019 compared to the pre-industrial era, while the global average temperature rise is 1,1 oC; whereas this year’s record-breaking drought is the latest in a series of extreme climate events that are becoming the new normal, increasing in volume and magnitude; whereas as the water cycle is intensifying with climate change, there will be more frequent and intense droughts, storms and floods; |
| --- | --- |

C.

whereas the climate crisis is already having dramatic effects on ecosystems, human populations and peoples’ livelihoods; whereas the European continent is warming faster than other parts of the world according to the IPCC, with a temperature increase of 2 oC in 2019 compared to the pre-industrial era, while the global average temperature rise is 1,1 oC; whereas this year’s record-breaking drought is the latest in a series of extreme climate events that are becoming the new normal, increasing in volume and magnitude; whereas as the water cycle is intensifying with climate change, there will be more frequent and intense droughts, storms and floods;

| D. | whereas urgent action to mitigate climate change by reducing greenhouse gas emissions in line with the best available science and in combination with significantly stepping up actions on adaptation and resilience is needed across all sectors in order to reduce and control the short-, medium- and long-term impacts on the economy, the environment and well-being and health; |
| --- | --- |

D.

whereas urgent action to mitigate climate change by reducing greenhouse gas emissions in line with the best available science and in combination with significantly stepping up actions on adaptation and resilience is needed across all sectors in order to reduce and control the short-, medium- and long-term impacts on the economy, the environment and well-being and health;

| E. | whereas the World Resource Institute found that six EU countries (Cyprus, Belgium, Greece, Spain, Portugal and Italy) face high levels of water stress, and projects that by 2030 there will be a 56 % gap between renewable global water supply and demand (13); whereas the EEA estimates that water stress already affects 20 % of European territory and 30 % of its population, and estimates the cost of droughts in Europe to be between EUR 2 and 9 billion annually (14); |
| --- | --- |

E.

whereas the World Resource Institute found that six EU countries (Cyprus, Belgium, Greece, Spain, Portugal and Italy) face high levels of water stress, and projects that by 2030 there will be a 56 % gap between renewable global water supply and demand (13); whereas the EEA estimates that water stress already affects 20 % of European territory and 30 % of its population, and estimates the cost of droughts in Europe to be between EUR 2 and 9 billion annually (14);

| F. | whereas climate change has altered Europe’s wind and weather patterns so that high-pressure systems persist, resulting in long periods with little or no rainfall, resulting in crop growing seasons becoming drier; whereas soil moisture contributes to groundwater recharge, soil structure and biota, soil temperatures, and water shortfalls lead to soil erosion and lower crop production inter alia; whereas soil moisture anomalies remain markedly negative in most of Europe due to the lack of precipitation and the heatwaves that have occurred in recent months, compared to June 2022; |
| --- | --- |

F.

whereas climate change has altered Europe’s wind and weather patterns so that high-pressure systems persist, resulting in long periods with little or no rainfall, resulting in crop growing seasons becoming drier; whereas soil moisture contributes to groundwater recharge, soil structure and biota, soil temperatures, and water shortfalls lead to soil erosion and lower crop production inter alia; whereas soil moisture anomalies remain markedly negative in most of Europe due to the lack of precipitation and the heatwaves that have occurred in recent months, compared to June 2022;

| G. | whereas the EU yield forecasts for grain maize, soybean, and sunflowers are the most affected, with reductions (compared to the average for the last five years) estimated to be, respectively - 16 %, - 15 %, - 12 %; whereas other crops are likely to be heavily affected, especially fodder; whereas the severity of the impacts of droughts and heat waves on agricultural production has roughly tripled over the past 50 years (15); whereas these lower production levels are particularly concerning given the consequences on the food and feed market of the ongoing conflict in Ukraine; |
| --- | --- |

G.

whereas the EU yield forecasts for grain maize, soybean, and sunflowers are the most affected, with reductions (compared to the average for the last five years) estimated to be, respectively - 16 %, - 15 %, - 12 %; whereas other crops are likely to be heavily affected, especially fodder; whereas the severity of the impacts of droughts and heat waves on agricultural production has roughly tripled over the past 50 years (15); whereas these lower production levels are particularly concerning given the consequences on the food and feed market of the ongoing conflict in Ukraine;

| H. | whereas unsustainable agricultural practices, deforestation and intensive urbanisation aggravate the risk of natural disasters occurring, as well as their severity; |
| --- | --- |

H.

whereas unsustainable agricultural practices, deforestation and intensive urbanisation aggravate the risk of natural disasters occurring, as well as their severity;

| I. | whereas according to the latest World Atlas of Desertification more than 75 % of earth’s land area is already degraded and over 90 % could become degraded by 2050; whereas at EU level, desertification affects 8 % of the territory, mostly in Southern, Eastern and Central Europe, covering 14 million hectares; whereas 13 Member States have declared themselves to be affected by desertification under the UNCCD; whereas desertification is driven by, inter alia, soil erosion, overgrazing and loss of vegetation cover, especially trees, salinisation, loss of soil organic matter and biota and biodiversity degradation; whereas in 2015, the EU and Member States committed to achieving land degradation neutrality in the EU by 2030; |
| --- | --- |

I.

whereas according to the latest World Atlas of Desertification more than 75 % of earth’s land area is already degraded and over 90 % could become degraded by 2050; whereas at EU level, desertification affects 8 % of the territory, mostly in Southern, Eastern and Central Europe, covering 14 million hectares; whereas 13 Member States have declared themselves to be affected by desertification under the UNCCD; whereas desertification is driven by, inter alia, soil erosion, overgrazing and loss of vegetation cover, especially trees, salinisation, loss of soil organic matter and biota and biodiversity degradation; whereas in 2015, the EU and Member States committed to achieving land degradation neutrality in the EU by 2030;

| J. | whereas the Water Framework Directive (WFD) (16) states in Article 4(1) that ‘Member States shall protect, enhance and restore all bodies of groundwater, ensure a balance between abstraction and recharge of groundwater, with the aim of achieving good groundwater status at the latest 15 years after the date of entry into force of this Directive’; whereas 22 years later, only 40 % of monitored lakes, estuaries, rivers and coastal waters are in the ‘good’ or ‘very good’ ecological status required by the WFD; whereas the fitness check under the WFD showed that nearly 50 % of water bodies is covered by an exemption, which is unsatisfactory; whereas bad management practices and measures have been implemented in the past with a devastating impact on soil water retention, such as: straightening of rivers and/or concreting of riverbeds, intensifying land use and desiccating of ponds and wetlands; |
| --- | --- |

J.

whereas the Water Framework Directive (WFD) (16) states in Article 4(1) that ‘Member States shall protect, enhance and restore all bodies of groundwater, ensure a balance between abstraction and recharge of groundwater, with the aim of achieving good groundwater status at the latest 15 years after the date of entry into force of this Directive’; whereas 22 years later, only 40 % of monitored lakes, estuaries, rivers and coastal waters are in the ‘good’ or ‘very good’ ecological status required by the WFD; whereas the fitness check under the WFD showed that nearly 50 % of water bodies is covered by an exemption, which is unsatisfactory; whereas bad management practices and measures have been implemented in the past with a devastating impact on soil water retention, such as: straightening of rivers and/or concreting of riverbeds, intensifying land use and desiccating of ponds and wetlands;

| K. | whereas water is an essential component of the food cycle; whereas it is necessary that ground and surface water is of good quality and available in sufficient quantities in order to achieve a fair, healthy, environmentally friendly and sustainable food system as described in the farm to fork strategy; whereas clean and sufficient water is an essential to implementing and achieving a real circular economy in the EU; whereas the Common Agricultural Policy (CAP) Strategic Plans Regulation (17) sets the objective of ‘fostering sustainable development and efficient management of natural resources such as water, soil and air, including by reducing chemical dependency’; |
| --- | --- |

K.

whereas water is an essential component of the food cycle; whereas it is necessary that ground and surface water is of good quality and available in sufficient quantities in order to achieve a fair, healthy, environmentally friendly and sustainable food system as described in the farm to fork strategy; whereas clean and sufficient water is an essential to implementing and achieving a real circular economy in the EU; whereas the Common Agricultural Policy (CAP) Strategic Plans Regulation (17) sets the objective of ‘fostering sustainable development and efficient management of natural resources such as water, soil and air, including by reducing chemical dependency’;

| L. | whereas agriculture depends on the availability of water; whereas irrigation helps to shield farmers from climate variability and increase yields, but also puts significant pressure on water resources; whereas in 2016 only 6 % (18) of EU farmland was irrigated but accounted for 24 % of all EU water abstraction; whereas according the European Court of Auditors (ECA) special report on sustainable water use in agriculture, CAP implementation has not been consistently aligned with EU water policy, and failing to improve this could lead to increased pressure on water resources; |
| --- | --- |

L.

whereas agriculture depends on the availability of water; whereas irrigation helps to shield farmers from climate variability and increase yields, but also puts significant pressure on water resources; whereas in 2016 only 6 % (18) of EU farmland was irrigated but accounted for 24 % of all EU water abstraction; whereas according the European Court of Auditors (ECA) special report on sustainable water use in agriculture, CAP implementation has not been consistently aligned with EU water policy, and failing to improve this could lead to increased pressure on water resources;

| M. | whereas the new CAP, which will enter into force in 2023, restricts investments for enlarging irrigated surfaces in areas where the status of water bodies is ‘less than good’; |
| --- | --- |

M.

whereas the new CAP, which will enter into force in 2023, restricts investments for enlarging irrigated surfaces in areas where the status of water bodies is ‘less than good’;

| N. | whereas water abstraction from open water and groundwater for drinking, industry and agriculture, compounded by extremely high temperatures and lack of rainfall, means increased pollutant and nutrient concentrations and thus incidences of toxic algal blooms and pathogens, as experienced across Europe’s river systems, estuaries and water bodies, resulting in mass freshwater die-offs and fish kills, collapsing fisheries and vanishing livelihoods; whereas high water temperatures also reduce oxygen content with dramatic impacts on fish; whereas diminished river flow coupled with dredging releases concentrated toxins that have accumulated in sediments, with major impacts on downstream aquatic life and fisheries; |
| --- | --- |

N.

whereas water abstraction from open water and groundwater for drinking, industry and agriculture, compounded by extremely high temperatures and lack of rainfall, means increased pollutant and nutrient concentrations and thus incidences of toxic algal blooms and pathogens, as experienced across Europe’s river systems, estuaries and water bodies, resulting in mass freshwater die-offs and fish kills, collapsing fisheries and vanishing livelihoods; whereas high water temperatures also reduce oxygen content with dramatic impacts on fish; whereas diminished river flow coupled with dredging releases concentrated toxins that have accumulated in sediments, with major impacts on downstream aquatic life and fisheries;

| O. | whereas 60 % of river basins are in transnational regions, which makes effective transboundary cooperation crucial; whereas 20 European countries depend on other countries for more than 10 % of their water resources, with five countries relying on over 75 % of their resources coming from abroad via rivers (19); whereas non-compliance with the Urban Waste Water Treatment Directive (20) in border regions causes deterioration of cross-border bodies of water, which makes it impossible to reach WFD goals in the receiving Member State; whereas while the WFD mentioned ‘relevant ecoregions’, in practice cooperation on water is poor; whereas due to resource scarcity the hydropolitical complexity of shared basins is expected to increase; |
| --- | --- |

O.

whereas 60 % of river basins are in transnational regions, which makes effective transboundary cooperation crucial; whereas 20 European countries depend on other countries for more than 10 % of their water resources, with five countries relying on over 75 % of their resources coming from abroad via rivers (19); whereas non-compliance with the Urban Waste Water Treatment Directive (20) in border regions causes deterioration of cross-border bodies of water, which makes it impossible to reach WFD goals in the receiving Member State; whereas while the WFD mentioned ‘relevant ecoregions’, in practice cooperation on water is poor; whereas due to resource scarcity the hydropolitical complexity of shared basins is expected to increase;

| P. | whereas renewable water resources per capita have decreased by 17 % in the EU over the last 60 years; whereas several EU countries have had to ration drinking water in recent months due to drought, with, for instance, communities relying on drinking water delivered by trucks; whereas water leaks account for 24 % of total water consumed in the Union; |
| --- | --- |

P.

whereas renewable water resources per capita have decreased by 17 % in the EU over the last 60 years; whereas several EU countries have had to ration drinking water in recent months due to drought, with, for instance, communities relying on drinking water delivered by trucks; whereas water leaks account for 24 % of total water consumed in the Union;

| Q. | whereas 20-40 % of the water available in Europe is wasted due to, among other factors, leaks in the water distribution system, insufficient installations of water-saving technologies, excessive and unnecessary irrigation activities and dripping taps; |
| --- | --- |

Q.

whereas 20-40 % of the water available in Europe is wasted due to, among other factors, leaks in the water distribution system, insufficient installations of water-saving technologies, excessive and unnecessary irrigation activities and dripping taps;

| R. | whereas annual river flows are decreasing in southern and south-eastern Europe and increasing in northern and north-eastern Europe; whereas hydropower generation and power plant cooling systems are being severely impacted; whereas the Adaptive Management of Barriers in European Rivers (AMBER) project demonstrated that Europe’s rivers are blocked by more than 1 million barriers, with over 85 % small structures in poor condition or inactive; whereas all barriers impact river health and the water cycle, changing a river’s natural flow, and blocking fish migration routes; |
| --- | --- |

R.

whereas annual river flows are decreasing in southern and south-eastern Europe and increasing in northern and north-eastern Europe; whereas hydropower generation and power plant cooling systems are being severely impacted; whereas the Adaptive Management of Barriers in European Rivers (AMBER) project demonstrated that Europe’s rivers are blocked by more than 1 million barriers, with over 85 % small structures in poor condition or inactive; whereas all barriers impact river health and the water cycle, changing a river’s natural flow, and blocking fish migration routes;

| S. | whereas reduced water levels and volumes have had severe impacts in the fossil-, nuclear- and hydro-based energy sectors and on cooling systems; whereas this summer’s droughts exacerbated the severe energy market squeeze Europe is experiencing; whereas subsequent impacts can further affect aquatic ecosystems already struggling with heatwaves; |
| --- | --- |

S.

whereas reduced water levels and volumes have had severe impacts in the fossil-, nuclear- and hydro-based energy sectors and on cooling systems; whereas this summer’s droughts exacerbated the severe energy market squeeze Europe is experiencing; whereas subsequent impacts can further affect aquatic ecosystems already struggling with heatwaves;

| T. | whereas many tourist activities are dependent on rivers; whereas water shortages currently affect 17 % of the EU’s territory, while the situation is more worrying around the Mediterranean where about 50 % of the population lives under constant water stress during summer, and many tourist sites had to suspend their business activities because of the drought; |
| --- | --- |

T.

whereas many tourist activities are dependent on rivers; whereas water shortages currently affect 17 % of the EU’s territory, while the situation is more worrying around the Mediterranean where about 50 % of the population lives under constant water stress during summer, and many tourist sites had to suspend their business activities because of the drought;

| U. | whereas the lack of precipitation and massive water withdrawals for irrigation has had an impact on river transport, generating supply difficulties for heavy materials, in particular in the Rhine valley, which has a negative impact for many sectors of activity; whereas major European waterways, particularly the Rhine, Danube and Po, have experienced critically low levels, with impacts on agriculture, drinking water, ecosystems and commerce; |
| --- | --- |

U.

whereas the lack of precipitation and massive water withdrawals for irrigation has had an impact on river transport, generating supply difficulties for heavy materials, in particular in the Rhine valley, which has a negative impact for many sectors of activity; whereas major European waterways, particularly the Rhine, Danube and Po, have experienced critically low levels, with impacts on agriculture, drinking water, ecosystems and commerce;

| V. | whereas forests are increasingly vulnerable to the impacts of climate change, in particular the increasing prevalence of forest fires; whereas years of drought and degradation have created ideal conditions for wildfires to spread; whereas Europe is experiencing forest fires of dramatic proportions; |
| --- | --- |

V.

whereas forests are increasingly vulnerable to the impacts of climate change, in particular the increasing prevalence of forest fires; whereas years of drought and degradation have created ideal conditions for wildfires to spread; whereas Europe is experiencing forest fires of dramatic proportions;

| W. | whereas more than 5 million hectares of forest have burned in the 10 years between 2011 and 2021, primarily because of droughts; whereas wildfire activity between 4 June and 3 September 2022 alone resulted in over 500 000 hectares of total cumulative burnt area (21), with the EU’s capacity to fight forest fires reaching its limits; whereas all across the Union’s territory, wildfires have destroyed valuable sites, such as natural parks and UNESCO geoparks, causing the loss of biodiversity, crops and pasture; |
| --- | --- |

W.

whereas more than 5 million hectares of forest have burned in the 10 years between 2011 and 2021, primarily because of droughts; whereas wildfire activity between 4 June and 3 September 2022 alone resulted in over 500 000 hectares of total cumulative burnt area (21), with the EU’s capacity to fight forest fires reaching its limits; whereas all across the Union’s territory, wildfires have destroyed valuable sites, such as natural parks and UNESCO geoparks, causing the loss of biodiversity, crops and pasture;

| X. | whereas droughts and heatwaves linked to climate change have made it more difficult to fight fires, as these conditions make it easier for fires to spread rapidly and increase their severity; whereas climate change will increase the frequency of forest fires and their destructive potential, and Europe’s wildfire season is likely to start earlier and end later in the year; whereas these unprecedented changes should be taken into account in Member States’ fire management practices; |
| --- | --- |

X.

whereas droughts and heatwaves linked to climate change have made it more difficult to fight fires, as these conditions make it easier for fires to spread rapidly and increase their severity; whereas climate change will increase the frequency of forest fires and their destructive potential, and Europe’s wildfire season is likely to start earlier and end later in the year; whereas these unprecedented changes should be taken into account in Member States’ fire management practices;

| Y. | whereas stable, mixed, multi-age, multi-species and biodiverse forests with continuous cover provide many co-benefits, notably drought and heat mitigation; whereas agroforestry systems and trees incorporated into agroecosystems also provide many benefits, including productivity and resilience; |
| --- | --- |

Y.

whereas stable, mixed, multi-age, multi-species and biodiverse forests with continuous cover provide many co-benefits, notably drought and heat mitigation; whereas agroforestry systems and trees incorporated into agroecosystems also provide many benefits, including productivity and resilience;

| Z. | whereas heatwaves and droughts have an adverse effect on farmers’ incomes, which can lead to farm abandonment; whereas furthermore, farm abandonment can create conditions conducive to the outbreak of wildfires; |
| --- | --- |

Z.

whereas heatwaves and droughts have an adverse effect on farmers’ incomes, which can lead to farm abandonment; whereas furthermore, farm abandonment can create conditions conducive to the outbreak of wildfires;

| AA. | whereas the UN estimates that globally 35 % of wetlands have disappeared since 1970, at a rate three times faster than forests, despite providing many benefits; whereas coastal wetlands such as mangroves sequester carbon up to 55 times faster than tropical rainforests; whereas peatlands, which cover only 3 % of the earth’s land surface, can store 30 % of all land-based carbon only when wet, and absorb excess water to prevent floods and drought; whereas according to the Commission, in the EU about two thirds of EU wetlands that existed 100 years ago have been lost; |
| --- | --- |

AA.

whereas the UN estimates that globally 35 % of wetlands have disappeared since 1970, at a rate three times faster than forests, despite providing many benefits; whereas coastal wetlands such as mangroves sequester carbon up to 55 times faster than tropical rainforests; whereas peatlands, which cover only 3 % of the earth’s land surface, can store 30 % of all land-based carbon only when wet, and absorb excess water to prevent floods and drought; whereas according to the Commission, in the EU about two thirds of EU wetlands that existed 100 years ago have been lost;

| AB. | whereas the UN General Assembly recognised the right to water and sanitation as a human right on 28 July 2010; whereas clean drinking water is essential to all human rights; whereas 1 884 790 citizens signed the European Citizens’ Initiative entitled ‘Right2Water’ in 2013 on the right to water and sanitation; whereas today, 1 million EU citizens have no access to water and 8 million have no sanitation; |
| --- | --- |

AB.

whereas the UN General Assembly recognised the right to water and sanitation as a human right on 28 July 2010; whereas clean drinking water is essential to all human rights; whereas 1 884 790 citizens signed the European Citizens’ Initiative entitled ‘Right2Water’ in 2013 on the right to water and sanitation; whereas today, 1 million EU citizens have no access to water and 8 million have no sanitation;

| AC. | whereas the drought is worsening people’s living conditions because of heat and lack of water; whereas the most deprived are being disproportionately affected; whereas there is an excessive death rate in the European countries most severely affected by the drought; whereas drought damages the most fragile buildings, deteriorating the quality of life of the inhabitants; |
| --- | --- |

AC.

whereas the drought is worsening people’s living conditions because of heat and lack of water; whereas the most deprived are being disproportionately affected; whereas there is an excessive death rate in the European countries most severely affected by the drought; whereas drought damages the most fragile buildings, deteriorating the quality of life of the inhabitants;

| AD. | whereas drought and other climate change effects have an impact on mental health and reinforce anxiety, especially among young people; |
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AD.

whereas drought and other climate change effects have an impact on mental health and reinforce anxiety, especially among young people;

| AE. | whereas the budget of the EU Solidarity Fund (EUSF) is insufficient to mount an adequate response to major natural disaster and give expression to European solidarity with disaster-hit regions; |
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AE.

whereas the budget of the EU Solidarity Fund (EUSF) is insufficient to mount an adequate response to major natural disaster and give expression to European solidarity with disaster-hit regions;

| AF. | whereas droughts can have cascading effects, with losses caused by drought in the EU amounting to an estimated EUR 9 billion per year; whereas a Joint Research Centre analysis shows that the impact of droughts on the European economy could reach over EUR 65 billion per year by 2100 (22); whereas if global temperatures exceed the Paris Agreement temperature goals, droughts are expected to happen twice as often, and the absolute annual drought losses in Europe would increase to EUR 40 billion per year (23); whereas the costs of inaction far outweigh the costs of investing in ambitious climate action today (24); |
| --- | --- |

AF.

whereas droughts can have cascading effects, with losses caused by drought in the EU amounting to an estimated EUR 9 billion per year; whereas a Joint Research Centre analysis shows that the impact of droughts on the European economy could reach over EUR 65 billion per year by 2100 (22); whereas if global temperatures exceed the Paris Agreement temperature goals, droughts are expected to happen twice as often, and the absolute annual drought losses in Europe would increase to EUR 40 billion per year (23); whereas the costs of inaction far outweigh the costs of investing in ambitious climate action today (24);

| AG. | whereas the climate crisis exacerbates existing inequalities; whereas low-income households and vulnerable people are particularly impacted by the climate crisis and require particular support to adapt to the changing climate; whereas it is necessary to protect workers from the adverse effects of the climate crisis at the workplace; |
| --- | --- |

AG.

whereas the climate crisis exacerbates existing inequalities; whereas low-income households and vulnerable people are particularly impacted by the climate crisis and require particular support to adapt to the changing climate; whereas it is necessary to protect workers from the adverse effects of the climate crisis at the workplace;

| 1. | Expresses its deepest sympathy for and solidarity with the families of those who were victims of the recent extreme weather events and with the inhabitants of the devastated areas, and salutes the dedication of the full-time and voluntary firefighters, rescuers, national, regional and local authorities involved in relief efforts, and members of the public who tried to rescue people and prevent the spread of fires, often risking their own lives; |
| --- | --- |

1.

| 2. | Underlines the importance of sustainable water management for guaranteeing food security and calls on the Commission to refrain from proposing further EU legislation that endangers or risks endangering our food security; |
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2.

| 3. | Believes that these extreme weather conditions are a sign of the need for more ambitious action on climate change mitigation and adaptation; considers that the EU should play a leading role in this process and reinforce its efforts in all sectors; recalls that in line with the EU Climate Law and the Paris Agreement as well as best available science, the EU should step up its climate action both on mitigation, to contain global warming to 1,5 oC compared to pre-industrial levels, and on adaptation to foster resilience; calls for the EU to update its nationally determined contribution under the Paris Agreement and increase its greenhouse gas reduction target by the 27th session of the Conference of the Parties to the UNFCCC (COP27), according to the best available science; calls for the highest ambition regarding the ‘Fit for 55’ package; |
| --- | --- |

3.

| 4. | Expresses concern at the findings of the UN Environment Programme’s 2021 report on the emissions gap, in particular the fact that, despite more ambitious climate pledges made in the last year, predicted emissions leave the world on a path to a 2,7o C rise in temperature if these national pledges are fully implemented, which would have severe impacts across the world; urges the Commission and the Member States therefore to remain strongly committed to the EU Green Deal and to step up action on EU climate mitigation, adaptation and resilience, paying special attention to extreme weather phenomena; |
| --- | --- |

4.

| 5. | Expects the Commission proposal for an EU nature restoration law (25) to be an opportunity to improve synergies between climate change mitigation, adaptation, disaster prevention and nature restoration; expects it to provide a framework for the restoration of drought-resilient ecosystems, including the restoration of multi-age, multi-species and biodiverse forests with continuous cover, wetlands, natural vegetation cover, floodplain dynamics and landscape-wide natural infiltration, as well as improvements to river basin resilience; |
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5.

| 6. | Supports the Commission’s intention to contribute to an overall cooling effect by setting up an EU platform for urban greening; calls on the Commission to set ambitious and specific binding targets on urban biodiversity, nature-based solutions, ecosystem-based approaches and green infrastructure, which would benefit both humans and wildlife and contribute to the overall biodiversity targets; stresses the need to include measures such as a minimum share of green roofs on new buildings, supporting urban farming, including the use of productive trees, where appropriate, ensuring that no chemical pesticides are used and reducing fertiliser use in EU urban green areas, and increasing the number of green spaces in line with the number of inhabitants; |
| --- | --- |

6.

| 7. | Calls on the Member States to prioritise and identify short-, medium- and long-term restoration measures for degraded ecosystems as a result of extreme weather events; calls furthermore for EU guidelines for post-emergency restoration plans to identify priority areas for the recovery, rehabilitation and reconstruction phases after disasters caused by floods, forest fires, heatwaves, or droughts, including recommendations to increase resilience and the revitalisation of livelihoods, economies, and the affected environment; |
| --- | --- |

7.

| 8. | Asks the Commission to provide guidance that stakeholders can use to boost the drought resilience of both people and ecosystems; stresses that coordinated action at the European level is also needed in the area of research and monitoring, between already existing entities such as the European Drought Observatory, the EEA, the Copernicus Emergency Management Service and other appropriate stakeholders; stresses that in the area of funding, appropriate financial support should be identified in the context of the CAP, the national recovery and resilience plans and other regional funds; |
| --- | --- |

8.

| 9. | Recognises the particular vulnerability of Mediterranean countries and the importance of deploying specific mechanisms and resources to deal with the risks and effects of these extreme events in these territories; highlights that drought and other climate crisis weather phenomena have not only environment impacts, but also social, cultural, economic and political impacts, increasing the risk of deepening social inequalities; |
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9.

| 10. | Underlines the negative influence that natural disasters have on the economic, social and territorial cohesion in the EU, hindering the implementation of the Union’s cohesion policy; recalls in this respect that over EUR 100 billion in cohesion policy resources will be invested in the energy transition, decarbonisation and renewables by 2030; recognises the particular vulnerability of the territories listed in Article 174 TFEU, in particular islands and mountain regions, and in Article 349 TFEU; |
| --- | --- |

10.

| 11. | Reiterates its support for the EU adaptation strategy; regrets however that the adaptation strategy fails to set out concrete, measurable and time-bound targets for the EU and its Member States to become climate resilient and recalls Parliament’s call for binding and quantifiable targets; calls, in this regard, on the Commission to propose a comprehensive, ambitious and legally binding European climate adaptation framework, including the appropriate legislative tools, with particular emphasis on the most vulnerable regions; |
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11.

| 12. | Calls on the Commission to urgently draw up a comprehensive EU-wide climate risk assessment paying special attention to the risks of droughts, forest fires, health threats, ecosystem vulnerabilities and the effect on critical infrastructures and network hotspots in order to guide and prioritise short-, medium- and long-term adaptation and resilience efforts; calls for, in particular, an EU climate resilience stress test for key infrastructure to be completed by summer 2023; |
| --- | --- |

12.

| 13. | Points to how the climate crisis exacerbates existing inequalities; emphasises that low-income households and vulnerable people are particularly impacted by the climate crisis and require particular support to adapt to the changing climate; welcomes social policies throughout Member States that protect workers from the adverse effects of the climate crisis at the workplace and encourages Member States to integrate climate adaptation into their labour and social policies; |
| --- | --- |

13.

Civil Protection and Emergency Response

| 14. | Highlights the importance of further developing and making full use of the EU Civil Protection Mechanism in relation to forest fires and other natural disasters; calls on the Commission to collect and disseminate knowledge among the Member States on how to adapt forests to current and expected climate change, in line with the new EU adaptation strategy; invites the Commission to create forest fire risk assessments and maps on the basis of improved Copernicus products and other remote-sensing data, in order to support preventive action; highlights the importance of boosting the European Civil Protection Mechanism to ensure adequate forest fire fighting capacities in the EU; |
| --- | --- |

14.

| 15. | Calls on the Commission and Member States to accelerate the establishment of the new permanent rescEU fleet and urges them to ensure sufficient funding for this and to expand the existing European seasonal safety net as soon as possible; |
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15.

| 16. | Notes with concern the limitations of the current EU-level disaster response framework based on a voluntary pool of pre-committed response resources from the Member States; calls on the Commission and the Member States to explore the possibility of expanding the EU’s disaster response capacity and competences in light of increasingly frequent and severe climate disasters, notably through the creation of a permanent EU civil protection force; |
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16.

| 17. | Calls for an expansion of the current voluntary firefighting reserve under rescEU and calls on all Member States to consider placing part of their national firefighting brigades in a European reserve; asks the Commission to present a plan of action to increase the EU’s response capabilities; |
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17.

| 18. | Supports the modernisation of civil protection assets through new common public procurements, so that equipment and ground and air assets are better adapted to the geography of different EU territories; |
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18.

| 19. | Calls for the reinforcement of the seasonal pre-positioning of firefighters in wildfire hot spots, based on the success of the pilot programme operationalised this summer in Greece; |
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19.

| 20. | Calls on the Member States to increase investments in research and innovation and to support the creation of a European centre of excellence in civil protection, in particular to promote the training of agents in the fight against fires and crisis management, and to encourage the exchange of best practices; |
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20.

| 21. | Recalls that the EUSF has been amended several times in order to extend its scope and that the 2022 budget line for the EUSF has already been fully mobilised due to the increase in natural disasters; calls for a significant increase in the EUSF budget, that will help regions to anticipate and mitigate effects of climate change and for the scope of the EUSF to be broadened so that it is also allowed to support more climate-resilient restoration or new construction of public and private infrastructure; highlights that the severity of some natural disasters is in some cases the result of human-made factors, including imprudent spatial planning leading to the construction of housing and infrastructure in river flood plains or in landslides-prone territories; reiterates in this regard that EUSF reimbursements should favour stronger resilience and sustainability through the financing of ecosystem-based solutions (e.g. reforestation, habitat restoration, earthquake-proof reconstruction); |
| --- | --- |

21.

| 22. | Points out that it is vital for aid and funds to be sent to the affected regions as quickly, easily and flexibly as possible, and underlines that synergies between the EUSF, the EU Civil Protection Mechanism, the climate change adaptation component of the European Regional Development Fund and territorial cooperation programmes are essential in order to create a comprehensive response and resilience package; |
| --- | --- |

22.

| 23. | Invites the Commission to promote the participation of civil society in preventing and coping with the consequences of drought and climate change; invites the Commission to propose a European initiative on civic engagement and to promote voluntary initiatives on disaster response; |
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23.

Agriculture

| 24. | Calls on the Commission to fully assess the impacts of the continuing drought situation on EU food production in the current year, and on food supplies for the population over the coming winter; calls on the Commission and the Council, furthermore, to consider what remedial action can be taken and what support can be given to ensure that primary food producers suffering from production losses due to heat and drought damage can restart new cycles of production for essential food supplies without delay; |
| --- | --- |

24.

| 25. | Stresses the importance of going beyond short-term measures and the mitigation of the current crisis; underlines that the EU must continue to adapt its food systems in order to make them more resilient in the long run; |
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25.

| 26. | Invites the EU and its Member States to invest in research and innovation to facilitate the introduction of varieties and practices that are more resistant to drought and climate change; |
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26.

| 27. | Calls on the Commission to ensure that CAP national strategic plans are implemented with a view to rendering agriculture more water efficient with the aim of reducing water use and promoting greater drought resilience while reducing overall hydromorphological pressures, taking into account the findings of the ECA special report on sustainable water use in agriculture; welcomes the introduction of new eco-schemes, which should facilitate the transition to a more resilient and green agriculture; |
| --- | --- |

27.

| 28. | Invites the EU and the Member States to increase the share of agricultural support dedicated to the prevention and management of risks in agriculture and to consider extending the use of public climate insurance schemes; calls on the Commission to promote exchanges of good practice on this and on other mitigation measures; |
| --- | --- |

28.

| 29. | Calls on the Commission furthermore to identify financial resources to aid farms, compensating for the losses resulting from drought damage or other events caused by the climate emergency, to incentivise more climate resilience and sustainability and to ensure that this crisis does not end with definitive farm closures; |
| --- | --- |

29.

| 30. | Calls on Commission and the Member States to prioritise the creation of buffer stocks of strategic feed and foodstuffs as one means to mitigate the most damaging aspects of drought, including big yield variations year on year, and calls on the Commission to address this at international level by pursuing the establishment of food storage as one stabilising tool in the face of the impacts of climate change on agriculture and food supplies; |
| --- | --- |

30.

| 31. | Underlines the need for more efficient and targeted agricultural irrigation systems, as well as water storage capacity and an overall recalibration of irrigation needs to achieve sustainable use of water resources; recalls that investments in irrigation and water storage capacity are only supported if they lead to water savings; underlines that investment in ecosystem restoration and production methods transitioning towards agroecology should be prioritised; |
| --- | --- |

31.

| 32. | Notes the decision taken under the new CAP reform regarding irrigation investments in areas where the status of water bodies is ‘less than good’; calls on the Member States to encourage investments in these areas that lead to water savings in a way that addresses structural water scarcity and reduces the impact on the waters; |
| --- | --- |

32.

| 33. | Urges the Member States and the Commission to support the introduction of irrigation systems that do not use surface or groundwater, such as rainwater storage and waste water recycling, in combination with efforts to reduce overall water use; asks the Commission to clarify, as soon as possible, the interpretation of the new EU provisions on irrigation investments under the CAP framework in order to eliminate any uncertainties; asks the Commission to improve the existing guidelines to Member States regarding investments on irrigation under the new CAP strategic plans; |
| --- | --- |

33.

| 34. | Highlights the positive role agroecology, agroforestry and organic production systems play in safeguarding water quantity and quality by increasing resource use efficiency and circularity, improving farm level resilience by reducing inputs and diversifying production and therefore spreading risk, which is especially important to avoid total crop failures. Recalls that planting hedges and trees, ensuring soil cover, avoiding overgrazing, reducing compaction and building up soil organic matter and humus levels are useful for farmers; |
| --- | --- |

34.

| 35. | Underlines the need, in view of the extreme climate events of recent months, for a swift implementation of the farm to fork and biodiversity strategies in order to deliver on the ambition for a greener and more sustainable agriculture sector, taking into account the differentiated climate impacts of different kinds of agricultural production; urges the Commission and the Member States, therefore, to remain strongly committed to the EU Green Deal and to step up action on EU climate mitigation, adaptation and resilience, paying special attention to extreme weather phenomena; |
| --- | --- |

35.

| 36. | Underlines the importance of soil health for water retention and filtration; calls on the Commission to make water retention and filtering capacity as well as soil moisture a key pillar of the draft EU soil health law to be published in 2023; underscores that peatlands have huge potential as carbon sinks and play a significant role in filtering water and mitigating floods, droughts and wildfires; |
| --- | --- |

36.

| 37. | Calls for an EU objective of land degradation neutrality in the EU by 2030 in order to ensure that the corresponding target under the UN SDGs is fully met in the EU, given that the EU is not currently on track to meet the SDG target as highlighted in the ECA 2018 special report on desertification; |
| --- | --- |

37.

| 38. | Emphasises the responsibility of farmers to keep soil and water resources in good condition, as well as the need to increase carbon farming practices; urges the Member States and the Commission therefore to promote these practices through the new eco-schemes and through the development of carbon farming, which will also have to integrate other environmental elements such as water management, in order to increase the incentives for producers; welcomes the Commission’s intention to present a proposal on the certification of sustainable carbon cycles; |
| --- | --- |

38.

| 39. | Highlights the need to rapidly reduce the contamination of groundwater and surface waters, in particular by nitrates and pesticides; |
| --- | --- |

39.

| 40. | Calls for all initiatives and actions related to the prevention and mitigation of droughts, floods and heatwaves and their impacts to fully integrate consideration of the natural environment, notably forests, and biodiversity and ecosystem services; |
| --- | --- |

40.

Forest Fires

| 41. | Calls for an integrated response to forest fires in order to protect the EU’s forests against the destruction caused by extreme climate events; underlines that globally ‘megafires’ are increasing in intensity and frequency; is concerned about the projected expansion of fire-prone areas and longer seasons with a high risk of fires in most European regions, in particular in high emissions scenarios; recalls that a diverse landscape with biodiverse forests provides a greater bulwark or natural barrier against large-scale and uncontrollable forest fires; |
| --- | --- |

41.

| 42. | Stresses that the restoration and reforestation of diverse forests would assist with fire prevention and containment; underlines the need for more resources for and the development of science-based fire management and capacity-building support through advisory services to tackle the effects of climate change in forests; calls on the Commission and the Member States to better promote and make use of the integrated fire management concept and notes that this may require better regulatory capacity in the Member States, the strengthening of public services and dedicated support and increased cooperation for disaster prevention, preparedness and response; |
| --- | --- |

42.

| 43. | Is concerned about the risk of pyro-cumulonimbus formation from forest fires and the negative impact on the stratosphere and the ozone layer; calls, therefore, for deliberate fires and tree burning in forests to be reduced as much as possible; |
| --- | --- |

43.

| 44. | Draws attention to the health impacts of wildfires and the associated air pollution, and expresses concern at the prediction by the World Meteorological Organization’s (WMO) prediction that these are expected to increase, even under a low emissions scenario (26); notes that as the planet warms, wildfires and associated air pollution are expected to increase, even under a low emissions scenario and notes that in addition to human health impacts, this will also affect ecosystems as air pollutants settle from the atmosphere to the earth’s surface; points to how the climate crisis has an impact on biodiversity and the reduction of ecosystems’ resilience and the subsequent impacts for public health, and therefore insists on the importance of a One Health Approach; |
| --- | --- |

44.

| 45. | Calls on the Member States to ensure the continued protection of our forests and to protect land from being reclassified as non-forest land following a forest fire, as this may encourage deliberate fires with the aim of being able to use the land for other uses not allowed before the fire; calls on the Committee of the Regions and the Commission’s services to ensure collaboration with local authorities and to research the history of land reclassification after forest fires; |
| --- | --- |

45.

| 46. | Asks that Council Directive 2003/96/EC on the taxation of energy products and electricity (27) be revised in order to include an exemption to the internal consumption tax on energy products for fire fighters in the course of their duties; |
| --- | --- |

46.

Water

| 47. | Calls on the Commission to present a comprehensive EU water strategy including the organisation with Member States of a European water conference in order to rapidly develop guidelines on the management of transnational shared river basins, especially in the event of multi-annual droughts, and to ensure a balanced prioritisation between water uses; |
| --- | --- |

47.

| 48. | Calls on the Commission to coordinate the development of comprehensive regional or national plans from well to final use in order to tackle water leakage and seepage due to low-quality or poorly maintained infrastructure, including at basin, urban and farm level, and to exchange best practice for this purpose; |
| --- | --- |

48.

| 49. | Calls on the Commission to support increased Member State efforts to increase the use of water reuse techniques, water-saving irrigation technologies and practices, green roof technologies, smart showers and toilets, in the water sector, including supply, sanitation and storm water management, and across all industrial, residential and commercial water cycles and applications; calls for the amendment of current legislation to encourage the reuse of water in industries that use a lot of water while respecting the strictest quality criteria, as well as in offices and homes by reusing grey water; recalls that water management is of crucial importance to minimising the negative effects of climate change, protecting water and food security, as well as biodiversity, and supporting healthy soils; |
| --- | --- |

49.

| 50. | Points out that the energy sector is a large consumer of water in Europe, that the water sector itself consumes a lot of energy for water abstraction, pumping, heating, cooling, cleaning and desalination; points to the impact low water levels have had on the energy sector and certain industries; highlights that improved water efficiency can have a direct impact on the reduction of energy consumption and climate change; |
| --- | --- |

50.

| 51. | Underlines the need to involve citizens in water management; encourages the Member States to take measures to ensure access to water intended for vulnerable and marginalised groups in line with the Directive and to take further action to ensure the provision of tap water; recalls states’ obligations to ensure the human right to drinking water, particularly during heat waves and periods of drought, which entails, for instance, the setting-up of participation mechanism, including the implementation of Free Prior and Informed Consent (FPIC) for large-scale energy infrastructure and extractive industries; stresses the importance of the systematic recognition of customary rights to drinking water and the provision of justiciable remedies (through a complaints mechanism) for cases of human rights violations; |
| --- | --- |

51.

| 52. | Underlines the importance of preventing speculation on water in order to ensure fair access and good resource management; calls for a ban on trading water as a commodity on financial markets; |
| --- | --- |

52.

International and Social Dimension

| 53. | Stresses that across Europe, many people live in outdated and run-down housing and unsatisfactory living conditions, making them more vulnerable to the impacts of extreme weather patterns; recalls that access to adequate housing is a fundamental right; calls for the swift adoption of an ambitious social climate fund in order to support the most disadvantaged groups, in particular to increase the energy efficiency of their homes and decarbonise their heating and cooling systems, including by the integration of energy from renewable sources, which will enable them to lower their energy bills and also improve their quality of life; |
| --- | --- |

53.

| 54. | Underlines the urgent need to scale up global action, both to reduce greenhouse gas emissions and to enhance adaptive capacity, strengthen resilience and reduce vulnerability to climate change, as highlighted in the Glasgow Climate Pact, adopted in 2022; calls for the EU to play an active role in continuing the process of defining a global goal for adaptation and in ensuring that the goal for international climate finance is met, including ensuring a balance between financing for mitigation and for adaptation; calls furthermore for the EU to engage actively in the Sendai Framework for Disaster Risk Reduction to take concrete actions to protect development gains from the risks of natural disaster; |
| --- | --- |

54.

| 55. | Recalls that health and safety of workers is an EU competence and that in line with Directive 89/391/EEC (28), workers should be protected from any risks, including emerging risks; calls on the Commission to thoroughly and urgently assess the new and emerging risks of climate change on occupational health and safety in order to better protect workers from exposure to higher temperatures, natural ultraviolet radiation and other related and safety hazards, in particular in the construction, agricultural and public service sectors; points out that gender-differentiated roles also cause differentiated vulnerabilities of women and men to the effects of climate change, and that climate change impacts exacerbate gender inequalities; |
| --- | --- |

55.

| 56. | Recalls the need for the Member States to work towards a ‘Vision Zero’ approach to work-related deaths in line with the 2021-2027 EU strategic framework on health and safety at work; stresses, in this context, the need to ensure the occupational health and safety of all emergency workers, including firefighters, who are particularly exposed to carcinogens in the course of their work; stresses the importance of including regular safety and risk-management training for emergency responders, as well as of providing proper protective equipment and materials in Member States’ national occupational safety and health strategies; calls on the Commission to supervise the implementation of these measures; |
| --- | --- |

56.

| 57. | Expresses its deepest sympathies with the people of Pakistan, who have suffered from the deadly impacts of the climate crisis, and acknowledges that Pakistan contributes very little to the climate crisis; notes that the EU has allocated an initial EUR 1,8 million in humanitarian assistance for flood victims, but acknowledges that this is not commensurate with properly addressing the needs of the people and communities affected; |
| --- | --- |

57.

| 58. | Stresses the importance of advancing the full implementation of the 2030 Agenda for Sustainable Development; welcomes the ministerial declaration adopted this summer at the High-Level Political Forum on Sustainable Development, which notes that droughts and floods are challenges of a global dimension felt most strongly by developing countries, as well as people in vulnerable situations, especially indigenous peoples and local communities; reminds developed countries of the need to show solidarity with developing countries, and particularly the most vulnerable; |
| --- | --- |

58.

| 59. | Recalls that 2021-2030 is the UN Decade on Ecosystem Restoration and expects nature restoration to be the hallmark of this decade in the EU; encourages all parties to the Convention on Biological Diversity to urgently implement nature restoration measures in their territories; |
| --- | --- |

59.

| 60. | Notes that countries around the world have also been impacted by serious and record-breaking droughts, including a record-breaking drought in China; calls for closer cooperation with international partners on the issue of droughts, wildfires and other climate change impacts; calls on the EU to strive for enhanced dialogue in these area, including at COP27, in order to exchange knowledge and mutually improve drought management; |
| --- | --- |

60.

| 61. | Stresses that early warning systems are critical to effective adaptation, particularly in relation to wildfires and floods, but are not available to a large part of the world; supports the WMO’s early warning services initiative and hopes that it will be implemented swiftly in order to save as many lives as soon as possible from the impacts of the climate crisis; encourages the Member States to share early warning system technology; |
| --- | --- |

61.

| 62. | Underscores that the drought in the Horn of Africa has placed 22 million people at risk of starvation according to the UN; notes that problems with food access and hunger in countries outside the EU are being exacerbated by the climate crisis as well as geopolitical forces; calls for the EU to prioritise human rights-based and coherent food and nutrition security policies; points to how the climate crisis is compounding humanitarian crises around the world, notably in Afghanistan, where drought is a contributing factor in depriving 20 million Afghans of food; |
| --- | --- |

62.

| 63. | Stresses that the EU must be ready for climate-induced displacement and recognises the need for adequate measures to be taken to protect the human rights of populations under threat from the effects of climate change; considers that such displacement should be addressed at an international level; calls on the Commission and the Member States to cooperate on the development of an international framework to address climate-induced displacement and migration both at international forums and in the EU’s external action; encourages the Commission and the Member States to work together to support people who have been displaced due to climate change and who are no longer able to live in their places of residence; underlines that the UN Human Rights Committee has ruled that states must take into account the human rights impacts of the climate crisis in the country of origin when considering the deportation of asylum seekers; |
| --- | --- |

63.

| 64. | Calls for increased investments in education and awareness-raising for European citizens on natural disasters; calls for the International Day for Natural Disaster Reduction be promoted with visible EU initiatives; |
| --- | --- |

64.

o

o o

| 65. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

65.

---

(1)  OJ C 232, 16.6.2021, p. 28.

(2)  OJ C 270, 7.7.2021, p. 2.

(3)  OJ L 243, 9.7.2021, p. 1.

(4)  OJ C 67, 8.2.2022, p. 25.

(5)  OJ C 184, 5.5.2022, p. 2.

(6)  OJ C 445, 29.10.2021, p. 156.

(7)  OJ C 506, 15.12.2021, p. 38.

(8)  OJ C 316, 22.9.2017, p. 99.

(9)  OJ L 231, 30.6.2021, p. 159.

(10)  OJ L 231, 30.6.2021, p. 60.

(11)  OJ L 311, 14.11.2002, p. 3.

(12)  Copernicus Climate Change Service, ‘Surface air temperature for August 2022’.

(13)  World Resources Institute, ‘Achieving abundance: understanding the cost of a sustainable water future’, 21 January 2020.

(14)  European Environment Agency, ‘Water resources across Europe — confronting water stress: an updated assessment’, 14 October 2021.

(15)  Mekonen, Zelalem A. et al, ‘Wildfire exacerbates high-latitude soil carbon losses from climate warming’, Environment Research Letters, Vol. 17, No. 9, September 2022.

(16)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

(17)  Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).

(18)  European Court of Auditors, ‘Special Report 20/2021:Ssustainable water use in agriculture: CAP funds more likely to promote greater rather than more efficient water use’, 2021 .

(19)  Baranyai, G., ‘Transboundary water governance in the European Union: the (unresolved) allocation question’, Official Journal of the World Water Council, Vol. 21, No 3, 2019.

(20)  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40).

(21)  Copernicus Atmosphere Monitoring Service, ‘Europe’s summer wildfire emissions highest in 15 years’, 6 September 2022.

(22)  Joint Research Centre news, ‘Global warming could more than double costs caused by drought in Europe, study finds’10 May 2021.

(23)  Joint Research Centre findings on the projection of economic impacts of climate change in sectors of the EU based on a bottom-up analysis.

(24)  Commission communication of 17 September 2020 entitled ‘Stepping up Europe’s 2030 climate ambition: investing in a climate-neutral future for the benefit of our people’ (COM(2020)0562).

(25)  Commission communication of 22 June 2022 on a proposal for a regulation of the European Parliament and of the Council on nature restoration (COM(2022)0304).

(26)  World Meteorological Organization, ‘WMO Air Quality and Climate Bulletin highlights impacts of wildfires’, 7 September 2022.

(27)  Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51).

(28)  Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

---

| 5.4.2023 | EN | Official Journal of the European Union | C 125/149 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/149

---

P9_TA(2022)0331

The situation in the Strait of Taiwan

European Parliament resolution of 15 September 2022 on the situation in the Strait of Taiwan (2022/2822(RSP))

(2023/C 125/13)

The European Parliament,

| — | having regard to its recommendation of 21 October 2021 to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on EU-Taiwan political relations and cooperation (1), |
| --- | --- |

—

having regard to its recommendation of 21 October 2021 to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on EU-Taiwan political relations and cooperation (1),

| — | having regard to its resolution of 7 June 2022 on the EU and the security challenges in the Indo-Pacific (2), |
| --- | --- |

—

having regard to its resolution of 7 June 2022 on the EU and the security challenges in the Indo-Pacific (2),

| — | having regard to its resolution of 5 July 2022 on the Indo-Pacific strategy in the area of trade and investment (3), |
| --- | --- |

—

having regard to its resolution of 5 July 2022 on the Indo-Pacific strategy in the area of trade and investment (3),

| — | having regard to its resolution of 16 September 2021 on a new EU-China strategy (4), |
| --- | --- |

—

having regard to its resolution of 16 September 2021 on a new EU-China strategy (4),

| — | having regard to the EU-China summit of 1 April 2022, |
| --- | --- |

—

having regard to the EU-China summit of 1 April 2022,

| — | having regard to the EU’s ‘One China’ policy, |
| --- | --- |

—

having regard to the EU’s ‘One China’ policy,

| — | having regard to the Council conclusions of 16 April 2021 on an EU strategy for cooperation in the Indo-Pacific, |
| --- | --- |

—

having regard to the Council conclusions of 16 April 2021 on an EU strategy for cooperation in the Indo-Pacific,

| — | having regard to the joint communication of 16 September 2021 from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy on the EU strategy for cooperation in the Indo-Pacific (JOIN(2021)0024), |
| --- | --- |

—

having regard to the joint communication of 16 September 2021 from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy on the EU strategy for cooperation in the Indo-Pacific (JOIN(2021)0024),

| — | having regard to the Strategic Compass for Security and Defence, adopted by the Council on 21 March 2022, |
| --- | --- |

—

having regard to the Strategic Compass for Security and Defence, adopted by the Council on 21 March 2022,

| — | having regard to NATO’s 2022 Strategic Concept, |
| --- | --- |

—

having regard to NATO’s 2022 Strategic Concept,

| — | having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 1 December 2021 on the Global Gateway (JOIN(2021)0030), |
| --- | --- |

—

having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 1 December 2021 on the Global Gateway (JOIN(2021)0030),

| — | having regard to the statement by G7 foreign ministers of 3 August 2022 on preserving peace and stability across the Taiwan Strait, |
| --- | --- |

—

having regard to the statement by G7 foreign ministers of 3 August 2022 on preserving peace and stability across the Taiwan Strait,

| — | having regard to the speech given by VP/HR Josep Borrell at the 29th ASEAN Regional Forum on 5 August 2022, |
| --- | --- |

—

having regard to the speech given by VP/HR Josep Borrell at the 29th ASEAN Regional Forum on 5 August 2022,

| — | having regard to the US-Australia-Japan Trilateral Strategic Dialogue of 5 August 2022, |
| --- | --- |

—

having regard to the US-Australia-Japan Trilateral Strategic Dialogue of 5 August 2022,

| — | having regard to NATO Secretary-General Jens Stoltenberg’s statement of 4 August 2022, |
| --- | --- |

—

having regard to NATO Secretary-General Jens Stoltenberg’s statement of 4 August 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 EU and Taiwan are like-minded partners that share the common values of freedom, democracy, human rights and the rule of law; whereas the EU continues to maintain its principled ‘One China’ policy position; |
| --- | --- |

A.

whereas the EU and Taiwan are like-minded partners that share the common values of freedom, democracy, human rights and the rule of law; whereas the EU continues to maintain its principled ‘One China’ policy position;

| B. | whereas between 4 and 10 August 2022, the People’s Republic of China (PRC) escalated its long-standing military intimidation against Taiwan to an unprecedented level following the visit of 2 and 3 August 2022 by the Speaker of the United States House of Representatives Nancy Pelosi, and launched large-scale live-fire military exercises in seven designated areas surrounding Taiwan; whereas the exercises included the use of up to 11 ballistic missiles, of which at least five flew over Taiwan; whereas these military drills constituted a virtual blockade of Taiwan’s sea and air space; |
| --- | --- |

B.

whereas between 4 and 10 August 2022, the People’s Republic of China (PRC) escalated its long-standing military intimidation against Taiwan to an unprecedented level following the visit of 2 and 3 August 2022 by the Speaker of the United States House of Representatives Nancy Pelosi, and launched large-scale live-fire military exercises in seven designated areas surrounding Taiwan; whereas the exercises included the use of up to 11 ballistic missiles, of which at least five flew over Taiwan; whereas these military drills constituted a virtual blockade of Taiwan’s sea and air space;

| C. | whereas five of the PRC’s ballistic missiles landed in the Japanese exclusive economic zone (EEZ); |
| --- | --- |

C.

whereas five of the PRC’s ballistic missiles landed in the Japanese exclusive economic zone (EEZ);

| D. | whereas the full-scale military exercises were coupled with intense cyber-attacks against the Taiwanese authorities and private sector; whereas the PRC’s continued military belligerence poses a grave threat to the status quo and may lead to dangerous, even unintended, escalation with a severe impact on global stability and peace, including for the EU; |
| --- | --- |

D.

whereas the full-scale military exercises were coupled with intense cyber-attacks against the Taiwanese authorities and private sector; whereas the PRC’s continued military belligerence poses a grave threat to the status quo and may lead to dangerous, even unintended, escalation with a severe impact on global stability and peace, including for the EU;

| E. | whereas the PRC appears to be seeking to perpetuate its overly aggressive actions, trying to erode the status quo in the Taiwan Strait; |
| --- | --- |

E.

whereas the PRC appears to be seeking to perpetuate its overly aggressive actions, trying to erode the status quo in the Taiwan Strait;

| F. | whereas since 2019 the PRC has violated the Taiwanese air defence identification zone (ADIZ) with increasing regularity; whereas the PRC has been behaving aggressively across a vast areas of the Indo-Pacific and exerting varying degrees of military or economic coercion, which has led to disputes with neighbours such as Japan, India, the Philippines and Australia; |
| --- | --- |

F.

whereas since 2019 the PRC has violated the Taiwanese air defence identification zone (ADIZ) with increasing regularity; whereas the PRC has been behaving aggressively across a vast areas of the Indo-Pacific and exerting varying degrees of military or economic coercion, which has led to disputes with neighbours such as Japan, India, the Philippines and Australia;

| G. | whereas in response to the renewed provocations by the PRC, Taiwan has announced that it will increase its military budget by 13,9 % year-on-year, to a record TWD 586,3 billion (EUR 19,5 billion); |
| --- | --- |

G.

whereas in response to the renewed provocations by the PRC, Taiwan has announced that it will increase its military budget by 13,9 % year-on-year, to a record TWD 586,3 billion (EUR 19,5 billion);

| H. | whereas Australia and Japan, together with the United States, in a joint statement expressed ‘concern about [the PRC’s] recent actions that gravely affect international peace and stability’ and urged the PRC ‘to immediately cease the military exercises’; whereas the G7 foreign ministers have thoroughly criticised the PRC’s aggressive actions; |
| --- | --- |

H.

whereas Australia and Japan, together with the United States, in a joint statement expressed ‘concern about [the PRC’s] recent actions that gravely affect international peace and stability’ and urged the PRC ‘to immediately cease the military exercises’; whereas the G7 foreign ministers have thoroughly criticised the PRC’s aggressive actions;

| I. | whereas after the visit of the US Congressional delegation led by Speaker Pelosi, the PRC suspended talks and cooperation with the United States in eight different areas, including dialogues on military matters and climate change; |
| --- | --- |

I.

whereas after the visit of the US Congressional delegation led by Speaker Pelosi, the PRC suspended talks and cooperation with the United States in eight different areas, including dialogues on military matters and climate change;

| J. | whereas Taiwan has in recent years hosted numerous visits from lawmakers, including those from EU Member States and one Vice-President of the European Parliament; whereas such visits in the framework of parliamentary diplomacy are common practice in democracies; |
| --- | --- |

J.

whereas Taiwan has in recent years hosted numerous visits from lawmakers, including those from EU Member States and one Vice-President of the European Parliament; whereas such visits in the framework of parliamentary diplomacy are common practice in democracies;

| K. | whereas on 9 October 2021, the PRC’s President Xi Jinping vowed to pursue ‘reunification’ with Taiwan by supposedly peaceful means, falsely claiming that biggest obstacle to it was the so-called ‘Taiwan independence’ forces; whereas this rhetoric is not supported by the PRC’s actions; whereas some PRC diplomats even threatened so-called ‘re-education’ of Taiwanese people after ‘reunification’; |
| --- | --- |

K.

whereas on 9 October 2021, the PRC’s President Xi Jinping vowed to pursue ‘reunification’ with Taiwan by supposedly peaceful means, falsely claiming that biggest obstacle to it was the so-called ‘Taiwan independence’ forces; whereas this rhetoric is not supported by the PRC’s actions; whereas some PRC diplomats even threatened so-called ‘re-education’ of Taiwanese people after ‘reunification’;

| L. | whereas the PRC’s recently published white paper entitled ‘The Taiwan Question and China’s Reunification in the New Era’ removed previous reassurances offered to Taiwan about its future status after ‘reunification’, such as not stationing PRC troops or administrative personnel on the island; |
| --- | --- |

L.

whereas the PRC’s recently published white paper entitled ‘The Taiwan Question and China’s Reunification in the New Era’ removed previous reassurances offered to Taiwan about its future status after ‘reunification’, such as not stationing PRC troops or administrative personnel on the island;

| M. | whereas the PRC imposed massive economic sanctions and pressure on Lithuania after it agreed to the opening of a Taiwanese representative office in Lithuania, as well as plans to open a Lithuanian trade representative office in Taipei; whereas Parliament strongly maintains the right of all EU Member States to pursue such relations with Taiwan; |
| --- | --- |

M.

whereas the PRC imposed massive economic sanctions and pressure on Lithuania after it agreed to the opening of a Taiwanese representative office in Lithuania, as well as plans to open a Lithuanian trade representative office in Taipei; whereas Parliament strongly maintains the right of all EU Member States to pursue such relations with Taiwan;

| N. | whereas Taiwan has aligned itself with EU sanctions against Russia and whereas both the Taiwanese authorities as well as its people have made significant donations to Ukrainian refugees; |
| --- | --- |

N.

whereas Taiwan has aligned itself with EU sanctions against Russia and whereas both the Taiwanese authorities as well as its people have made significant donations to Ukrainian refugees;

| O. | whereas Taiwan is located in a strategic position in terms of trade; whereas the Taiwan Strait is the primary route for ships travelling from China, Japan, South Korea and Taiwan towards Europe; whereas the EU remains the largest source of foreign direct investment (FDI) in Taiwan; whereas there is considerable potential for increasing Taiwan’s FDI in the EU; whereas Taiwan dominates the semiconductor manufacturing markets, as its producers manufacture around 50 % of the world’s semiconductor output; whereas the EU’s Indo-Pacific strategy argues for increasing trade and investment cooperation with Taiwan and advocates stabilising tensions in the South China Sea and the Taiwan Strait; |
| --- | --- |

O.

whereas Taiwan is located in a strategic position in terms of trade; whereas the Taiwan Strait is the primary route for ships travelling from China, Japan, South Korea and Taiwan towards Europe; whereas the EU remains the largest source of foreign direct investment (FDI) in Taiwan; whereas there is considerable potential for increasing Taiwan’s FDI in the EU; whereas Taiwan dominates the semiconductor manufacturing markets, as its producers manufacture around 50 % of the world’s semiconductor output; whereas the EU’s Indo-Pacific strategy argues for increasing trade and investment cooperation with Taiwan and advocates stabilising tensions in the South China Sea and the Taiwan Strait;

| P. | whereas, at the EU-China Summit on 1 April 2022, the EU recalled the PRC’s responsibility, as a global actor and as a permanent member of the United Nations Security Council, to work for peace and stability in the region and particularly in the Taiwan Strait; |
| --- | --- |

P.

whereas, at the EU-China Summit on 1 April 2022, the EU recalled the PRC’s responsibility, as a global actor and as a permanent member of the United Nations Security Council, to work for peace and stability in the region and particularly in the Taiwan Strait;

| Q. | whereas the EU is committed to using every available channel to encourage initiatives aimed at promoting dialogue, cooperation and confidence-building across both sides of the Taiwan Strait; whereas these new developments have reinforced the urgent need for EU engagement to contribute to lowering regional tensions as an instability factor; |
| --- | --- |

Q.

whereas the EU is committed to using every available channel to encourage initiatives aimed at promoting dialogue, cooperation and confidence-building across both sides of the Taiwan Strait; whereas these new developments have reinforced the urgent need for EU engagement to contribute to lowering regional tensions as an instability factor;

| 1. | Strongly condemns the PRC’s military exercises which began in the Taiwan Strait on 2 August 2022 and which reached an unprecedented level of intensity, and calls on the Government of the PRC to refrain from any measures which could destabilise the Taiwan Strait and regional security; |
| --- | --- |

1.

| 2. | Underlines that the status quo in the Taiwan Strait must not be unilaterally changed and insists on opposing the use or threat of force; |
| --- | --- |

2.

| 3. | Reaffirms the international community’s commitment to maintaining the rules-based international order, peace and stability across the Taiwan Strait and in the region; reiterates the EU’s commitment to the ‘One China’ policy as the political foundation of EU-China relations; recalls that the EU China strategy emphasises that constructive cross-strait relations are part of promoting peace and security in the whole Asia-Pacific region and that the EU supports initiatives aimed at dialogue and confidence-building; is convinced that the PRC’s provocative actions against Taiwan and in the South China Sea must have consequences for EU-China relations, and that the possibility of contingency planning must be considered; |
| --- | --- |

3.

| 4. | Expresses its firm solidarity with the people of Taiwan; applauds the Taiwanese authorities and political leaders for their measured and responsible reaction to the PRC’s provocations; |
| --- | --- |

4.

| 5. | Underlines that on the democratic island of Taiwan, it is up to the people to decide how they want to live; |
| --- | --- |

5.

| 6. | Reiterates the importance of respecting international law, in particular the UN Convention on the Law of the Sea (UNCLOS) and its provisions on the obligation to settle disputes by peaceful means and on maintaining the freedom of navigation and overflight; |
| --- | --- |

6.

| 7. | Welcomes the clear condemnation of the PRC’s military exercises by EU Member States as well as partners in the region and underlines that our unity is key in order to deter any aggression by the PRC and maintain peace and stability in the Taiwan Strait; |
| --- | --- |

7.

| 8. | Is extremely concerned by the ballistic missiles that have been fired over Taiwan, which have landed in the exclusive economic zone of Japan, threatening the stability of the region and Japan’s national security; welcomes the spokesperson of the Japanese Government’s statements calling for a genuine dialogue to solve the issues concerning Taiwan peacefully; expresses its sympathy for and offers its full support to Japan, and stresses in this regard the need for democracies in the region to continue supporting Taiwan in the face of the PRC’s sabre-rattling, as peace and stability in the region are in everyone’s interest; |
| --- | --- |

8.

| 9. | Urges the PRC to immediately stop all actions and intrusions into the Taiwanese ADIZ and the airspace violations above Taiwan’s outer islands, restore the full respect of the Taiwan Strait’s median line, and stop all other grey-zone military actions including cyber and disinformation campaigns; |
| --- | --- |

9.

| 10. | Condemns the PRC’s decision to suspend various political dialogues with the United States, including on climate and security matters, and urges the PRC’s leadership to return to diplomatic standards in order to avoid the risk of miscalculations and mistakes which could have catastrophic consequences; |
| --- | --- |

10.

| 11. | Firmly rejects the PRC’s economic coercion against Taiwan and other democracies in its region, as well as against EU Member States, and underlines that such practices are not only illegal under World Trade Organization rules, but that they also have a devastating effect on the PRC’s reputation around the world and will lead to a further loss of trust in the PRC as a partner; |
| --- | --- |

11.

| 12. | Calls for the EU to assume a stronger role when it comes to the situation in the Taiwan Strait and the Indo-Pacific as a whole in line with its own Indo-Pacific strategy; calls for the further deepening of our strategic relations with like-minded partners in the region, in particular Japan and Australia; |
| --- | --- |

12.

| 13. | Calls on EU Member States to increase their economic and diplomatic presence throughout the Indo-Pacific region, including in Taiwan, and recalls that the world’s strategic and economic centre of gravity is shifting to this region, and that the EU therefore has a clear interest in forging a clear and credible EU-level approach to the Indo-Pacific; |
| --- | --- |

13.

| 14. | Calls again for the EU to enhance the existing partnership with Taiwan so as to promote common values and principles, including by pursuing a resilient supply chain agreement and a bilateral investment agreement (BIA), which would help protect the interests of the EU as a whole and of its Member States; |
| --- | --- |

14.

| 15. | Welcomes the recently announced plans by Lithuania to open a trade representative office in Taipei in the autumn of 2022; calls on other Member States who do not yet operate a trade office in Taiwan to follow this example and strengthen their relations with Taiwan; calls on the PRC to revoke its unjustified sanctions against Lithuanian officials; condemns the PRC’s trade restrictions; |
| --- | --- |

15.

| 16. | Calls on the Commission to change the name of the European Economic and Trade Office in Taipei in order to reflect the broad scope of our ties; |
| --- | --- |

16.

| 17. | Stresses that Taiwan is crucial for the global supply chain of key high-tech sectors, notably semiconductors, and calls on the Commission and the European External Action Service (EEAS) to develop a strategy for resilience and swiftly start working on a resilient supply chain agreement with Taiwan with a view to addressing respective vulnerabilities in a mutually beneficial manner and aiming at preserving Taiwan’s security by strengthening its ‘silicon shield’; |
| --- | --- |

17.

| 18. | Encourages increased economic, scientific, cultural and political interaction between the EU and Taiwan including at the most senior levels possible, so as to fully reflect the dynamic, multi-faceted and close cooperation between the EU and Taiwan as like-minded partners; |
| --- | --- |

18.

| 19. | Calls on the EEAS and the Commission to consider connectivity projects with Pacific island states and co-investment in partnerships between the EU’s Global Gateway and Taiwan’s New Southbound Policy with a view to fostering trade and political relationships as well as stability in the Indo-Pacific region; |
| --- | --- |

19.

| 20. | Reiterates its previous call on the Commission to launch, without delay, an impact assessment, public consultation and scoping exercise on a BIA with the Taiwanese authorities in preparation for negotiations to deepen bilateral economic ties; |
| --- | --- |

20.

| 21. | Recommends further deepening cooperation between the EU and Taiwan to enhance structural cooperation on countering disinformation and foreign interference; recommends posting a liaison officer at the European Economic and Trade Office to coordinate joint efforts on tackling disinformation and interference; |
| --- | --- |

21.

| 22. | Recognises that gestures of support, such as parliamentary visits, are valuable and believes that they can contribute to deterrence if paired with substantive cooperation in other fields; underlines its intention to send future official parliamentary delegations to Taiwan; welcomes the fact that an official invitation to visit the European Parliament was extended to Taiwan’s Legislative Yuan during the recent visit of European Parliament Vice-President Beer to Taiwan; intends to pursue actions such as the organisation of an EU-Taiwan parliamentary week; |
| --- | --- |

22.

| 23. | Salutes Taiwan’s commitment to stand with Ukraine in the face of Russia’s brutal and unjustified aggression; |
| --- | --- |

23.

| 24. | Recalls the importance of strengthening EU-Taiwan dialogue by deepening relations with local actors, including civil society, and fostering exchanges with Taiwanese media organisations, and stresses that such strengthened exchange will help to improve the EU’s profile and visibility inside Taiwan and contribute to joint efforts to address the threat of disinformation that both sides are increasingly confronted with; |
| --- | --- |

24.

| 25. | Strongly advocates for Taiwan’s meaningful participation as an observer in meetings, mechanisms and activities of international bodies such as the World health Organization, the International Civil Aviation Organization, the International Criminal Police Organization (Interpol), and the UN Framework Convention on Climate Change; |
| --- | --- |

25.

| 26. | 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, and the governments and legislatures of Taiwan, the People’s Republic of China, the United States, Japan, South Korea, Australia, India, the Philippines, Russia and Ukraine, and the governments and parliaments of the Member States. |
| --- | --- |

26.

---

(1)  OJ C 184, 5.5.2022, p. 170.

(2)  Texts adopted, P9_TA(2022)0224.

(3)  Texts adopted, P9_TA(2022)0276.

(4)  OJ C 117, 11.3.2022, p. 40.

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European Parliament

Wednesday 14 September 2022

| 5.4.2023 | EN | Official Journal of the European Union | C 125/154 |
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5.4.2023

EN

Official Journal of the European Union

C 125/154

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P9_TA(2022)0318

Renewed partnership with the Southern Neighbourhood — a new agenda for the Mediterranean

European Parliament recommendation of 14 September 2022 to the Commission and the Commission Vice-President / High Representative of the Union for Foreign Affairs and Security Policy on the renewed partnership with the Southern Neighbourhood — a new agenda for the Mediterranean (2022/2007(INI))

(2023/C 125/14)

The European Parliament,

| — | having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 9 February 2021 entitled ‘Renewed Partnership with the Southern Neighbourhood — a new Agenda for the Mediterranean’ (JOIN(2021)0002), |
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having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 9 February 2021 entitled ‘Renewed Partnership with the Southern Neighbourhood — a new Agenda for the Mediterranean’ (JOIN(2021)0002),

| — | having regard to the Barcelona Declaration adopted at the Euro-Mediterranean Conference of 27-28 November 1995, establishing a Euro-Mediterranean Partnership and accompanied by a detailed work programme, |
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having regard to the Barcelona Declaration adopted at the Euro-Mediterranean Conference of 27-28 November 1995, establishing a Euro-Mediterranean Partnership and accompanied by a detailed work programme,

| — | having regard to Article 8 of the Treaty on European Union, |
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having regard to Article 8 of the Treaty on European Union,

| — | having regard to UN Resolution 70/1 entitled ‘Transforming our World — the 2030 Agenda for Sustainable Development’(2030 Agenda), adopted at the UN Sustainable Development Summit in New York on 25 September 2015 and establishing the Sustainable Development Goals (SDGs), |
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having regard to UN Resolution 70/1 entitled ‘Transforming our World — the 2030 Agenda for Sustainable Development’(2030 Agenda), adopted at the UN Sustainable Development Summit in New York on 25 September 2015 and establishing the Sustainable Development Goals (SDGs),

| — | having regard to SDG 14: ‘Conserve and sustainably use the oceans, seas and marine resources for sustainable development’, |
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having regard to SDG 14: ‘Conserve and sustainably use the oceans, seas and marine resources for sustainable development’,

| — | having regard to the Paris Agreement, adopted by means of Decision 1/CP.21 at the 21st Conference of the Parties (COP21) to the UN Framework Convention on Climate Change (UNFCCC), and to the 11th Conference of the Parties (COP11), |
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having regard to the Paris Agreement, adopted by means of Decision 1/CP.21 at the 21st Conference of the Parties (COP21) to the UN Framework Convention on Climate Change (UNFCCC), and to the 11th Conference of the Parties (COP11),

| — | having regard to the 26th Conference of the Parties (COP26) to the UNFCCC, held in Glasgow, UK, from 31 October to 13 November 2021, |
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having regard to the 26th Conference of the Parties (COP26) to the UNFCCC, held in Glasgow, UK, from 31 October to 13 November 2021,

| — | having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640), |
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having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640),

| — | having regard to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), |
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having regard to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),

| — | having regard to the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), |
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having regard to the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention),

| — | having regard to the eight fundamental conventions of the International Labor Organisation (ILO), namely: Freedom of Association and Protection of the Right to Organise Convention, 1948; Right to Organise and Collective Bargaining Convention, 1949; Forced Labour Convention, 1930 (and its 2014 Protocol); Abolition of Forced Labour Convention, 1957; Minimum Age Convention, 1973; Worst Forms of Child Labour Convention, 1999; Equal Remuneration Convention, 1951; Discrimination (Employment and Occupation) Convention, 1958, |
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having regard to the eight fundamental conventions of the International Labor Organisation (ILO), namely: Freedom of Association and Protection of the Right to Organise Convention, 1948; Right to Organise and Collective Bargaining Convention, 1949; Forced Labour Convention, 1930 (and its 2014 Protocol); Abolition of Forced Labour Convention, 1957; Minimum Age Convention, 1973; Worst Forms of Child Labour Convention, 1999; Equal Remuneration Convention, 1951; Discrimination (Employment and Occupation) Convention, 1958,

| — | having regard to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) and the related EU protocols and decisions, |
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having regard to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) and the related EU protocols and decisions,

| — | having regard to the Ministerial Declaration of the Mediterranean coastal states, (MedFish4Ever Declaration), adopted in Valletta, Malta, on 30 March 2017, |
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having regard to the Ministerial Declaration of the Mediterranean coastal states, (MedFish4Ever Declaration), adopted in Valletta, Malta, on 30 March 2017,

| — | having regard to the joint staff working document of 9 February 2021 entitled ‘Renewed Partnership with the Southern Neighbourhood Economic and Investment Plan for the Southern Neighbours’ (SWD(2021)0023), |
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having regard to the joint staff working document of 9 February 2021 entitled ‘Renewed Partnership with the Southern Neighbourhood Economic and Investment Plan for the Southern Neighbours’ (SWD(2021)0023),

| — | having regard to the Council conclusions of 16 April 2021 entitled ‘A renewed Partnership with the Southern Neighbourhood — A new agenda for the Mediterranean’, |
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having regard to the Council conclusions of 16 April 2021 entitled ‘A renewed Partnership with the Southern Neighbourhood — A new agenda for the Mediterranean’,

| — | having regard to the European Council conclusions of 10 and 11 December 2020, |
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having regard to the European Council conclusions of 10 and 11 December 2020,

| — | having regard to the statement of the members of the European Council of 26 February 2021, |
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having regard to the statement of the members of the European Council of 26 February 2021,

| — | having regard to the Committee of the Regions opinion entitled ‘Renewed partnership with the Southern Neighbourhood — A new Agenda for the Mediterranean’ adopted at its 145th plenary session of 30 June and 1 July 2021, |
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having regard to the Committee of the Regions opinion entitled ‘Renewed partnership with the Southern Neighbourhood — A new Agenda for the Mediterranean’ adopted at its 145th plenary session of 30 June and 1 July 2021,

| — | having regard to its resolution of 27 March 2019 entitled ‘The post-Arab Spring: way forward for the MENA region’ (1), |
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having regard to its resolution of 27 March 2019 entitled ‘The post-Arab Spring: way forward for the MENA region’ (1),

| — | having regard to the opinion by the Committee on International Trade in the form of a letter, |
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having regard to the opinion by the Committee on International Trade in the form of a letter,

| — | having regard to Rule 118 of its Rules of Procedure, |
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having regard to Rule 118 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A9-0220/2022), |
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having regard to the report of the Committee on Foreign Affairs (A9-0220/2022),

| A. | whereas in November 1995 the then European Community signed the Barcelona Declaration, with 12 Southern Mediterranean countries promoting the emergence of a common area with the ultimate objective of peace, stability and prosperity; |
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A.

whereas in November 1995 the then European Community signed the Barcelona Declaration, with 12 Southern Mediterranean countries promoting the emergence of a common area with the ultimate objective of peace, stability and prosperity;

| B. | whereas in 2004, as a result of the EU enlargement which saw the accession of new Member States from the East and South, the EU decided to launch its European Neighbourhood Policy, covering the EU’s eastern and southern dimensions and seeking to advance dialogue and cooperation with its neighbouring countries; whereas the European Neighbourhood Policy was subsequently updated in 2015; whereas the policy was for many years complemented by a dedicated financial instrument for the EU’s external action, providing resources and overall objectives, as well as a mandate for the Commission to propose multiannual and annual programming for EU assistance; whereas the EU’s financial instrument for the European Neighbourhood Policy has now been replaced by the Neighbourhood, Development and International Cooperation Instrument — Global Europe (NDICI); |
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B.

whereas in 2004, as a result of the EU enlargement which saw the accession of new Member States from the East and South, the EU decided to launch its European Neighbourhood Policy, covering the EU’s eastern and southern dimensions and seeking to advance dialogue and cooperation with its neighbouring countries; whereas the European Neighbourhood Policy was subsequently updated in 2015; whereas the policy was for many years complemented by a dedicated financial instrument for the EU’s external action, providing resources and overall objectives, as well as a mandate for the Commission to propose multiannual and annual programming for EU assistance; whereas the EU’s financial instrument for the European Neighbourhood Policy has now been replaced by the Neighbourhood, Development and International Cooperation Instrument — Global Europe (NDICI);

| C. | whereas 2008 marked the beginning of the Union for the Mediterranean (UfM), an intergovernmental organisation created as a continuation of the Barcelona Process and providing an important venue for dialogue and cooperation at political level and at the level of civil society organisations and relevant policy stakeholders; whereas the UfM is complemented by a Parliamentary Assembly (UfM-PA), which provides an essential opportunity for political dialogue and convergence, as well as multilateral cooperation among elected representatives of the EU and its Southern Mediterranean partner countries; |
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C.

whereas 2008 marked the beginning of the Union for the Mediterranean (UfM), an intergovernmental organisation created as a continuation of the Barcelona Process and providing an important venue for dialogue and cooperation at political level and at the level of civil society organisations and relevant policy stakeholders; whereas the UfM is complemented by a Parliamentary Assembly (UfM-PA), which provides an essential opportunity for political dialogue and convergence, as well as multilateral cooperation among elected representatives of the EU and its Southern Mediterranean partner countries;

| D. | whereas on 9 February 2021, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) endorsed a joint communication for an ambitious and renewed partnership with the Southern Neighbourhood on a new agenda for the Mediterranean and an accompanying joint staff working document establishing an economic and investment plan focusing on, inter alia, five priorities, namely: human development, good governance and the rule of law; resilience, prosperity and the digital transition; peace and security; migration and mobility; and the green transition: climate resilience, energy and the environment; whereas this new agenda for the Mediterranean is a positive step in the right direction towards further economic and policy integration with the countries of the Southern Neighbourhood; whereas the Abraham Accords Declaration reaffirms the Abraham Accords signed in August 2020 and refers to the agreements that followed, seeking to normalise relations between Israel and other Arab states; |
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D.

whereas on 9 February 2021, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) endorsed a joint communication for an ambitious and renewed partnership with the Southern Neighbourhood on a new agenda for the Mediterranean and an accompanying joint staff working document establishing an economic and investment plan focusing on, inter alia, five priorities, namely: human development, good governance and the rule of law; resilience, prosperity and the digital transition; peace and security; migration and mobility; and the green transition: climate resilience, energy and the environment; whereas this new agenda for the Mediterranean is a positive step in the right direction towards further economic and policy integration with the countries of the Southern Neighbourhood; whereas the Abraham Accords Declaration reaffirms the Abraham Accords signed in August 2020 and refers to the agreements that followed, seeking to normalise relations between Israel and other Arab states;

| E. | whereas the Mediterranean region is an area of vital and complementary strategic importance to the EU; whereas the so-called Barcelona Process launched in 1995 included the objectives of creating a common area of peace, stability and shared prosperity, launching a Euro-Mediterranean free trade area, working to strengthen democracy and respect for human rights, and developing a Euro-Mediterranean partnership for greater understanding and proximity among people; whereas more than 25 years after the Barcelona Declaration, most of the objectives have not been fully achieved; whereas relations between the EU and its Mediterranean partners need to be reinvigorated in order to address common challenges, take advantage of shared opportunities and unlock the potential of our shared region; whereas the Southern Neighbourhood countries are facing common challenges, and yet each has a specific political and economic situation and particular problems that must be acknowledged in EU policies on respective regions; |
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E.

whereas the Mediterranean region is an area of vital and complementary strategic importance to the EU; whereas the so-called Barcelona Process launched in 1995 included the objectives of creating a common area of peace, stability and shared prosperity, launching a Euro-Mediterranean free trade area, working to strengthen democracy and respect for human rights, and developing a Euro-Mediterranean partnership for greater understanding and proximity among people; whereas more than 25 years after the Barcelona Declaration, most of the objectives have not been fully achieved; whereas relations between the EU and its Mediterranean partners need to be reinvigorated in order to address common challenges, take advantage of shared opportunities and unlock the potential of our shared region; whereas the Southern Neighbourhood countries are facing common challenges, and yet each has a specific political and economic situation and particular problems that must be acknowledged in EU policies on respective regions;

| F. | whereas the new agenda for the Mediterranean is supposed to lay out an overarching policy framework as a way to facilitate the preparation of bilateral political frameworks, which can be joint documents, partnership priorities or equivalents, establishing jointly agreed political and economic reform agendas and related implementing tools; whereas it is essential for Member States’ policies to be coherent with the Southern Neighbourhood policy in order for the EU to achieve its foreign policy objectives in the region; |
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F.

whereas the new agenda for the Mediterranean is supposed to lay out an overarching policy framework as a way to facilitate the preparation of bilateral political frameworks, which can be joint documents, partnership priorities or equivalents, establishing jointly agreed political and economic reform agendas and related implementing tools; whereas it is essential for Member States’ policies to be coherent with the Southern Neighbourhood policy in order for the EU to achieve its foreign policy objectives in the region;

| G. | whereas the EU and its Southern Neighbourhood partners share a common interest in supporting a revitalised and fit-for-purpose multilateral system, with the UN at its core, to address common challenges such as conflict resolution and prevention, peacebuilding, climate change, corruption, organised crime and terrorism, and violence against women; |
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G.

whereas the EU and its Southern Neighbourhood partners share a common interest in supporting a revitalised and fit-for-purpose multilateral system, with the UN at its core, to address common challenges such as conflict resolution and prevention, peacebuilding, climate change, corruption, organised crime and terrorism, and violence against women;

| H. | whereas the EU must invest in its Southern Neighbourhood as a matter of priority; whereas the security, stability, prosperity and climate resilience of the EU’s Southern Neighbourhood will reinforce the security, stability, prosperity and climate resilience of the EU; whereas renewed investment in the Southern Neighbourhood and intensified political and policy dialogue between the EU and Southern Neighbourhood countries will provide a valuable opportunity for close cooperation and policy synergies for the benefit of both the EU and its Member States, on the one hand, and the countries of the Southern Neighbourhood, on the other; whereas the Southern Neighbourhood should not be seen in a vacuum, but in close correlation with the Eastern Neighbourhood and broader European Neighbourhood Policy (ENP) as defined in the 2015 ENP Review, and an overall strategic reflection on how to pursue closer mutually beneficial and balanced relations between the EU and its neighbours; whereas both the EU’s Southern and Eastern Neighbourhoods are strategic for the EU in various fields, such as stability and security, energy security, managing conflicts and the risk of terrorism, combating climate change, trade, the security of supply chains and diversified access to markets, and managing migration, among others, and in that they can promote human rights and democratic reforms and, therefore, ensure a more secure and effective space for economic relations and investments, e.g. shorter supply lines; whereas the EU should pursue a common regulatory space that includes its Southern and Eastern Neighbourhoods, and therefore ensures access for its neighbouring countries to the highest policy, anti-corruption and human rights standards, which are not only multipliers of economic investment and fair and sustainable economic growth, but also crucial for the improved security and political stability of Southern and Eastern Neighbourhood countries and the EU, and for environmental protection; |
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H.

whereas the EU must invest in its Southern Neighbourhood as a matter of priority; whereas the security, stability, prosperity and climate resilience of the EU’s Southern Neighbourhood will reinforce the security, stability, prosperity and climate resilience of the EU; whereas renewed investment in the Southern Neighbourhood and intensified political and policy dialogue between the EU and Southern Neighbourhood countries will provide a valuable opportunity for close cooperation and policy synergies for the benefit of both the EU and its Member States, on the one hand, and the countries of the Southern Neighbourhood, on the other; whereas the Southern Neighbourhood should not be seen in a vacuum, but in close correlation with the Eastern Neighbourhood and broader European Neighbourhood Policy (ENP) as defined in the 2015 ENP Review, and an overall strategic reflection on how to pursue closer mutually beneficial and balanced relations between the EU and its neighbours; whereas both the EU’s Southern and Eastern Neighbourhoods are strategic for the EU in various fields, such as stability and security, energy security, managing conflicts and the risk of terrorism, combating climate change, trade, the security of supply chains and diversified access to markets, and managing migration, among others, and in that they can promote human rights and democratic reforms and, therefore, ensure a more secure and effective space for economic relations and investments, e.g. shorter supply lines; whereas the EU should pursue a common regulatory space that includes its Southern and Eastern Neighbourhoods, and therefore ensures access for its neighbouring countries to the highest policy, anti-corruption and human rights standards, which are not only multipliers of economic investment and fair and sustainable economic growth, but also crucial for the improved security and political stability of Southern and Eastern Neighbourhood countries and the EU, and for environmental protection;

| I. | whereas the COVID-19 crisis and the food security implications of the war in Ukraine have increased the risk of further destabilisation, as its socio-economic consequences are severe for Southern Neighbourhood countries; whereas the EU should recognise the diversity and heterogeneity of the region and adapt its relationship to the individual contexts of each state; |
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I.

whereas the COVID-19 crisis and the food security implications of the war in Ukraine have increased the risk of further destabilisation, as its socio-economic consequences are severe for Southern Neighbourhood countries; whereas the EU should recognise the diversity and heterogeneity of the region and adapt its relationship to the individual contexts of each state;

| J. | whereas the Southern Neighbourhood policy should provide Southern Neighbourhood countries with an effective policy framework and access to resources and investments, with the aim of fostering real socio-economic integration at large, economic development, employment and a capacity-building process, including in terms of democracy, for the relevant institutions; whereas Southern Neighbourhood policy should contribute in the short and medium term to de-escalating conflicts in the European Neighbourhood and preventing them in the future; whereas women and children are hit particularly hard by the conflicts in Mediterranean countries; |
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J.

whereas the Southern Neighbourhood policy should provide Southern Neighbourhood countries with an effective policy framework and access to resources and investments, with the aim of fostering real socio-economic integration at large, economic development, employment and a capacity-building process, including in terms of democracy, for the relevant institutions; whereas Southern Neighbourhood policy should contribute in the short and medium term to de-escalating conflicts in the European Neighbourhood and preventing them in the future; whereas women and children are hit particularly hard by the conflicts in Mediterranean countries;

| K. | whereas in 2021, 1 924 people died or went missing on the Central and Western Mediterranean migration routes, while an additional 1 153 perished or went missing on the Northwest African maritime route to the Canary Islands, according to the UN High Commissioner for Refugees; whereas 1 776 people died or went missing on the three routes in 2020; whereas 23 000 people have died or gone missing in the Mediterranean since 2014, according to the Missing Migrants Project, the initiative implemented in 2014 by the International Organization for Migration; |
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K.

whereas in 2021, 1 924 people died or went missing on the Central and Western Mediterranean migration routes, while an additional 1 153 perished or went missing on the Northwest African maritime route to the Canary Islands, according to the UN High Commissioner for Refugees; whereas 1 776 people died or went missing on the three routes in 2020; whereas 23 000 people have died or gone missing in the Mediterranean since 2014, according to the Missing Migrants Project, the initiative implemented in 2014 by the International Organization for Migration;

| L. | whereas the EU has sought a comprehensive approach to migration and asylum, based on the EU values of solidarity and the protection of human rights and the rule of law; |
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L.

whereas the EU has sought a comprehensive approach to migration and asylum, based on the EU values of solidarity and the protection of human rights and the rule of law;

| M. | whereas the war in Ukraine has had dramatic consequences in many vulnerable countries on the price, production and supply of and access to cereals, particularly wheat; whereas Southern Neighbourhood partners are structurally dependent on imports of cereals and the war in Ukraine is having a substantial impact on wheat and cooking oil commodity supply chains, with implications for food security; whereas the International Food and Agriculture Resilience Mission (FARM) was launched on 24 March 2022, in conjunction with the EU, the G7 and the African Union, to prevent the disastrous effects on world food security of the war waged by Russia in Ukraine; |
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M.

whereas the war in Ukraine has had dramatic consequences in many vulnerable countries on the price, production and supply of and access to cereals, particularly wheat; whereas Southern Neighbourhood partners are structurally dependent on imports of cereals and the war in Ukraine is having a substantial impact on wheat and cooking oil commodity supply chains, with implications for food security; whereas the International Food and Agriculture Resilience Mission (FARM) was launched on 24 March 2022, in conjunction with the EU, the G7 and the African Union, to prevent the disastrous effects on world food security of the war waged by Russia in Ukraine;

| N. | whereas the Russian war of aggression against Ukraine is having, and will continue to have, devastating effects for the region in terms of food security; whereas the war in Ukraine has underlined and is the latest illustration of the threat posed by third countries seeking political and economic control of the Mediterranean region and the EU’s neighbourhood, to the detriment of the democratic aspirations and territorial integrity of target countries; whereas the EU’s Southern Neighbourhood has been a playground for major powers, including Russia, China and Iran, among others, which are all seeking to increase their ability and capacity to exercise political and/or economic hegemony in certain Southern Neighbourhood countries, which therefore poses a serious challenge to the EU, its Member States and the Southern Neighbourhood countries in their capacity-building for fighting disinformation and promoting democratic values such as freedom of the press, freedoms of association and assembly and the pluralism of the media, which are all crucial and key components of the rule of law and need to be scaled up; whereas a free, strong and independent civil society is fundamental to the development of any country in the region; |
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N.

whereas the Russian war of aggression against Ukraine is having, and will continue to have, devastating effects for the region in terms of food security; whereas the war in Ukraine has underlined and is the latest illustration of the threat posed by third countries seeking political and economic control of the Mediterranean region and the EU’s neighbourhood, to the detriment of the democratic aspirations and territorial integrity of target countries; whereas the EU’s Southern Neighbourhood has been a playground for major powers, including Russia, China and Iran, among others, which are all seeking to increase their ability and capacity to exercise political and/or economic hegemony in certain Southern Neighbourhood countries, which therefore poses a serious challenge to the EU, its Member States and the Southern Neighbourhood countries in their capacity-building for fighting disinformation and promoting democratic values such as freedom of the press, freedoms of association and assembly and the pluralism of the media, which are all crucial and key components of the rule of law and need to be scaled up; whereas a free, strong and independent civil society is fundamental to the development of any country in the region;

| O. | whereas the EU’s efforts to counter third party attempts to destabilise the region are ongoing; whereas the EU must reaffirm its role as a privileged partner and the primary political, economic and democratic anchor for the countries of the Southern Neighbourhood in matters such as human rights, democracy and the rule of law, security, migration, the fight against climate change, and research and development; whereas this fundamental role of the EU is, and should continue to be, reflected in the level of commitment and the policy stance at EU level related to the Southern Neighbourhood; |
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O.

whereas the EU’s efforts to counter third party attempts to destabilise the region are ongoing; whereas the EU must reaffirm its role as a privileged partner and the primary political, economic and democratic anchor for the countries of the Southern Neighbourhood in matters such as human rights, democracy and the rule of law, security, migration, the fight against climate change, and research and development; whereas this fundamental role of the EU is, and should continue to be, reflected in the level of commitment and the policy stance at EU level related to the Southern Neighbourhood;

| P. | whereas the fight against organised crime and all forms of terrorism, including Islamist terrorism, remains a priority; whereas the fight against the Islamic State has been ongoing in the region since 2015; whereas some of the root causes of radical movements, including social and political marginalisation, remain unaddressed to this day; |
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P.

whereas the fight against organised crime and all forms of terrorism, including Islamist terrorism, remains a priority; whereas the fight against the Islamic State has been ongoing in the region since 2015; whereas some of the root causes of radical movements, including social and political marginalisation, remain unaddressed to this day;

| Q. | whereas the war in Ukraine and the resulting need to further diversify and decarbonise the EU’s energy supply have shown the essential role of the Southern Neighbourhood in becoming a crucial partner of the EU in achieving the European Green Deal, but also in securing sufficient gas and oil supplies to the EU in the short term, with mutual benefits for both the EU and the countries of the Southern Neighbourhood; whereas the discovery of significant natural gas reserves and the abundance of renewable energy sources in the countries of the Southern and Eastern Mediterranean, especially the Sahara with its considerable potential for renewable electricity production, provide an opportunity for economic development in the countries concerned and for clean energy cooperation with the EU, including hydrogen from renewable sources of energy; whereas the revenues from natural resources should be fairly distributed and used to benefit local populations; whereas these gas reserves and supplies require partnerships, investments and the sharing of know-how between the countries of the Southern Mediterranean and the EU and its Member States; whereas, in turn, this partnership is already proving to be an opportunity for dialogue and cooperation among all the Southern Mediterranean countries concerned, leading to more stability in the region; whereas the Southern Neighbourhood is therefore not only essential for reasons of regional security and stability, but also as a primary partner for access to reliable energy sources, including renewables; whereas true partnership with mutual benefits, notably for people in the countries of the Southern Neighbourhood, is key to guaranteeing access to renewable, affordable and local energy in an inclusive way; |
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Q.

whereas the war in Ukraine and the resulting need to further diversify and decarbonise the EU’s energy supply have shown the essential role of the Southern Neighbourhood in becoming a crucial partner of the EU in achieving the European Green Deal, but also in securing sufficient gas and oil supplies to the EU in the short term, with mutual benefits for both the EU and the countries of the Southern Neighbourhood; whereas the discovery of significant natural gas reserves and the abundance of renewable energy sources in the countries of the Southern and Eastern Mediterranean, especially the Sahara with its considerable potential for renewable electricity production, provide an opportunity for economic development in the countries concerned and for clean energy cooperation with the EU, including hydrogen from renewable sources of energy; whereas the revenues from natural resources should be fairly distributed and used to benefit local populations; whereas these gas reserves and supplies require partnerships, investments and the sharing of know-how between the countries of the Southern Mediterranean and the EU and its Member States; whereas, in turn, this partnership is already proving to be an opportunity for dialogue and cooperation among all the Southern Mediterranean countries concerned, leading to more stability in the region; whereas the Southern Neighbourhood is therefore not only essential for reasons of regional security and stability, but also as a primary partner for access to reliable energy sources, including renewables; whereas true partnership with mutual benefits, notably for people in the countries of the Southern Neighbourhood, is key to guaranteeing access to renewable, affordable and local energy in an inclusive way;

| R. | whereas the effects of climate change are set to provoke the further displacement of populations living in the Middle East and North Africa; whereas Egypt will host the 27th UN Climate Conference, COP27, in November 2022; whereas, according to the UN Environment Programme, the Mediterranean is warming 20 % faster than the world average; whereas spring and summer rainfall is expected to decrease by 30 % by 2080; |
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R.

whereas the effects of climate change are set to provoke the further displacement of populations living in the Middle East and North Africa; whereas Egypt will host the 27th UN Climate Conference, COP27, in November 2022; whereas, according to the UN Environment Programme, the Mediterranean is warming 20 % faster than the world average; whereas spring and summer rainfall is expected to decrease by 30 % by 2080;

| S. | whereas the Mediterranean region is home to 510 million people and is the most polluted major sea in the world, with 1,25 million plastic fragments per km2; whereas marine litter is a major factor in the biodiversity crisis and is costing the tourism, fisheries and maritime sectors around EUR 641 million a year; whereas according to the 2019 World Wildlife Fund report, 0,57 million tonnes of plastic enter the Mediterranean every year, a figure which will quadruple by 2050; whereas, according to the UN Food and Agriculture Organization, 75 % of Mediterranean stocks for which validated assessments are available are fished at biologically unsustainable levels; |
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S.

whereas the Mediterranean region is home to 510 million people and is the most polluted major sea in the world, with 1,25 million plastic fragments per km2; whereas marine litter is a major factor in the biodiversity crisis and is costing the tourism, fisheries and maritime sectors around EUR 641 million a year; whereas according to the 2019 World Wildlife Fund report, 0,57 million tonnes of plastic enter the Mediterranean every year, a figure which will quadruple by 2050; whereas, according to the UN Food and Agriculture Organization, 75 % of Mediterranean stocks for which validated assessments are available are fished at biologically unsustainable levels;

| T. | whereas development, security, stability and democracy in the Southern Neighbourhood are closely correlated with the real socioeconomic integration of women, young people and discriminated groups such as LGBTQI+ persons, fundamental rights for religious, cultural and ethnic minorities, and open spaces for citizens and independent civil society in which to express themselves, act, and share ideas and opinions freely; whereas studies have shown that their capacity to access education, vocational training, employment and adequate longer-term professional development is crucial; whereas women’s civil, political, social and economic rights and their promotion in the Southern Neighbourhood should be a priority on the new agenda for the Mediterranean; whereas women’s integration into the labour market remains significantly lower than in other parts of the world, standing at 19 % on average according to the 2020 UN Women report, which provides a situational analysis of women in the Middle East/North Africa (MENA) region; |
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T.

whereas development, security, stability and democracy in the Southern Neighbourhood are closely correlated with the real socioeconomic integration of women, young people and discriminated groups such as LGBTQI+ persons, fundamental rights for religious, cultural and ethnic minorities, and open spaces for citizens and independent civil society in which to express themselves, act, and share ideas and opinions freely; whereas studies have shown that their capacity to access education, vocational training, employment and adequate longer-term professional development is crucial; whereas women’s civil, political, social and economic rights and their promotion in the Southern Neighbourhood should be a priority on the new agenda for the Mediterranean; whereas women’s integration into the labour market remains significantly lower than in other parts of the world, standing at 19 % on average according to the 2020 UN Women report, which provides a situational analysis of women in the Middle East/North Africa (MENA) region;

| 1. | Recommends that, in the implementation of the renewed partnership with the Southern Neighbourhood, a new agenda for the Mediterranean, the Commission and the VP/HR:






  (a) | secure adequate resources for timely and effective implementation of the new agenda for the Mediterranean based on the objectives and priorities jointly determined with Southern Neighbourhood partner countries, building on valuable synergies through transparent cooperation and the programming of the external action for the region under the NDICI and pursuing close coordination with Member State programming as well as facilitating as much as possible opportunities for blending through partnerships between the European Investment Bank, the European Bank for Reconstruction and Development and other relevant international financial institutions; takes the view that the new agenda for the Mediterranean can introduce a positive conditionality under which active EU support for a closer and effective policy interface with Southern Neighbourhood countries can lead to further partnerships and convergence on other policy priorities for the benefit of both the EU and Southern Neighbourhood countries and their citizens; present annual updates on the implementation of the new agenda for the Mediterranean and ensure EU visibility in all EU financial resources allocated to the region directly or indirectly through partnerships with the UN, other international organisations, and other traditional and non-traditional partners, taking a Team Europe approach, while ensuring financial accountability, based on the existing methodology for performance management and the reporting system for EU programmes, including an incentive-based approach; include a general regime of conditionality for the protection of the Union budget; stress that the civil societies of Southern Neighbourhood countries have strong expectations of the EU and its Member States as important political, economic and cultural anchors for political and economic reforms and for longer-term prosperity; warn that, given the strategic importance and economic potential of the region, the capacity of the EU to be the main partner is not without its challenges and, therefore, adequate visibility for the EU’s commitment to the region at large is essential, both directly and through funds allocated to other organisations such as the UN; |
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1.

(a)

secure adequate resources for timely and effective implementation of the new agenda for the Mediterranean based on the objectives and priorities jointly determined with Southern Neighbourhood partner countries, building on valuable synergies through transparent cooperation and the programming of the external action for the region under the NDICI and pursuing close coordination with Member State programming as well as facilitating as much as possible opportunities for blending through partnerships between the European Investment Bank, the European Bank for Reconstruction and Development and other relevant international financial institutions; takes the view that the new agenda for the Mediterranean can introduce a positive conditionality under which active EU support for a closer and effective policy interface with Southern Neighbourhood countries can lead to further partnerships and convergence on other policy priorities for the benefit of both the EU and Southern Neighbourhood countries and their citizens; present annual updates on the implementation of the new agenda for the Mediterranean and ensure EU visibility in all EU financial resources allocated to the region directly or indirectly through partnerships with the UN, other international organisations, and other traditional and non-traditional partners, taking a Team Europe approach, while ensuring financial accountability, based on the existing methodology for performance management and the reporting system for EU programmes, including an incentive-based approach; include a general regime of conditionality for the protection of the Union budget; stress that the civil societies of Southern Neighbourhood countries have strong expectations of the EU and its Member States as important political, economic and cultural anchors for political and economic reforms and for longer-term prosperity; warn that, given the strategic importance and economic potential of the region, the capacity of the EU to be the main partner is not without its challenges and, therefore, adequate visibility for the EU’s commitment to the region at large is essential, both directly and through funds allocated to other organisations such as the UN;

| (b) | strengthen EU dialogue and cooperation with Southern Neighbourhood countries in relevant policy areas and promote conflict prevention and peacebuilding, counter-piracy, maritime security, and the countering of terrorism, radicalisation and extremism; |
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(b)

strengthen EU dialogue and cooperation with Southern Neighbourhood countries in relevant policy areas and promote conflict prevention and peacebuilding, counter-piracy, maritime security, and the countering of terrorism, radicalisation and extremism;

| (c) | develop and conclude joint documents or partnership priorities as a matter of priority to replace the previous documents, building on the five key priorities of the agenda of the Mediterranean, in particular those on human development, human security, good governance and the rule of law; |
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(c)

develop and conclude joint documents or partnership priorities as a matter of priority to replace the previous documents, building on the five key priorities of the agenda of the Mediterranean, in particular those on human development, human security, good governance and the rule of law;

| (d) | re-establish the position of the EU Special Representative for the Southern Neighbourhood, who should report to both the VP/HR and the Commissioner for Neighbourhood and Enlargement (NEAR), in order to increase the EU’s unity and action in the region, and promote and defend our common values and interests; |
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(d)

re-establish the position of the EU Special Representative for the Southern Neighbourhood, who should report to both the VP/HR and the Commissioner for Neighbourhood and Enlargement (NEAR), in order to increase the EU’s unity and action in the region, and promote and defend our common values and interests;

| (e) | intensify diplomatic outreach and dialogue with the states of the Southern Neighbourhood, including in the framework of the UN General Assembly, and address, as a matter of priority, the impact of the Russian aggression against Ukraine on Southern Neighbourhood countries in terms of food security, with particular reference to countries most vulnerable because of dependence on food imports, a lack of social security or their economic model; engage with Parliament on ways to ensure food security for countries in the Southern Mediterranean that face difficulties in this regard and draw up a robust, resilient and sustainable policy and assistance response for this purpose without further delay, also building on the Food and Resilience Facility in order to address food security in the region, including to promote sustainable local agricultural systems, and less output-intensive and more climate-relevant agricultural practices; recall that food insecurity in the region is exacerbated by the consequences of the climate emergency, especially droughts and the increase in extreme temperatures; recall the importance of adequate visibility for EU efforts and resources when channelling assistance through other organisations such as the World Food Programme and of continuous monitoring of actions and resources in order to review the progress made; |
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(e)

intensify diplomatic outreach and dialogue with the states of the Southern Neighbourhood, including in the framework of the UN General Assembly, and address, as a matter of priority, the impact of the Russian aggression against Ukraine on Southern Neighbourhood countries in terms of food security, with particular reference to countries most vulnerable because of dependence on food imports, a lack of social security or their economic model; engage with Parliament on ways to ensure food security for countries in the Southern Mediterranean that face difficulties in this regard and draw up a robust, resilient and sustainable policy and assistance response for this purpose without further delay, also building on the Food and Resilience Facility in order to address food security in the region, including to promote sustainable local agricultural systems, and less output-intensive and more climate-relevant agricultural practices; recall that food insecurity in the region is exacerbated by the consequences of the climate emergency, especially droughts and the increase in extreme temperatures; recall the importance of adequate visibility for EU efforts and resources when channelling assistance through other organisations such as the World Food Programme and of continuous monitoring of actions and resources in order to review the progress made;

| (f) | recognise the multiple challenges such as climate change, the economic crisis and terrorist attacks facing the region; highlight that the water stress resulting from increased freshwater needs, coupled with strategic control of rivers, can lead to the most serious of conflicts; establish a political strategy to facilitate solutions in the areas with high destabilising potential; |
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(f)

recognise the multiple challenges such as climate change, the economic crisis and terrorist attacks facing the region; highlight that the water stress resulting from increased freshwater needs, coupled with strategic control of rivers, can lead to the most serious of conflicts; establish a political strategy to facilitate solutions in the areas with high destabilising potential;

| (g) | implement, as a matter of priority, strategies to alleviate poverty, strategies dedicated to programming for broader youth and women’s access to education and higher education together with adequate funding for access to education for the population at large, and strategies to support the establishment and development of efficient higher or vocational education structures in the Southern Neighbourhood countries; work with partner countries so that their school curricula uphold the UNESCO standards of peace, tolerance and non-violence; work to eliminate and deter hate speech that incites discrimination and violence, and support policies and initiatives aimed at protecting minorities and combating manifestations of intolerance, racism, homophobia, xenophobia and forms of religious intolerance; stress that curricula development is critical to fostering tolerant societies; recall that youth migration and professional brain drain are a matter of serious concern for our partners in the region, as well as a serious threat to the longer-term capacity for economic growth and the economic viability of Southern Neighbourhood countries; underline, therefore, the importance of promoting investment and advancing economic growth in the region in parallel with broader access to education, professional training and employment opportunities, so that young people in Southern Neighbourhood countries can have real prospects of access to employment and real socio-economic integration; stress the importance of expanding access to the Erasmus and Erasmus+ programmes for participants from Southern Neighbourhood countries, including those who have fled Ukraine, and increase the funding for such exchanges; prevent these policies from negatively impacting Southern Neighbourhood countries through the phenomenon of brain drain; recall the importance of circular mobility, including South-South exchanges and mobility partnerships, so that professionals from Southern Neighbourhood countries can have concrete opportunities to further enrich and expand their professional training and skills in the EU and return to their country of origin to share and build knowledge; |
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(g)

implement, as a matter of priority, strategies to alleviate poverty, strategies dedicated to programming for broader youth and women’s access to education and higher education together with adequate funding for access to education for the population at large, and strategies to support the establishment and development of efficient higher or vocational education structures in the Southern Neighbourhood countries; work with partner countries so that their school curricula uphold the UNESCO standards of peace, tolerance and non-violence; work to eliminate and deter hate speech that incites discrimination and violence, and support policies and initiatives aimed at protecting minorities and combating manifestations of intolerance, racism, homophobia, xenophobia and forms of religious intolerance; stress that curricula development is critical to fostering tolerant societies; recall that youth migration and professional brain drain are a matter of serious concern for our partners in the region, as well as a serious threat to the longer-term capacity for economic growth and the economic viability of Southern Neighbourhood countries; underline, therefore, the importance of promoting investment and advancing economic growth in the region in parallel with broader access to education, professional training and employment opportunities, so that young people in Southern Neighbourhood countries can have real prospects of access to employment and real socio-economic integration; stress the importance of expanding access to the Erasmus and Erasmus+ programmes for participants from Southern Neighbourhood countries, including those who have fled Ukraine, and increase the funding for such exchanges; prevent these policies from negatively impacting Southern Neighbourhood countries through the phenomenon of brain drain; recall the importance of circular mobility, including South-South exchanges and mobility partnerships, so that professionals from Southern Neighbourhood countries can have concrete opportunities to further enrich and expand their professional training and skills in the EU and return to their country of origin to share and build knowledge;

| (h) | pay attention to the existing methodology for performance management and the reporting system for EU programmes, including the incentive-based approach, in the mainstreaming of the socioeconomic integration of women in the region and of gender equality in all EU policy areas wherever possible; target EU support for women, with the objective of improving and ensuring their access to education, training and employment and, more generally, promoting equal professional and socioeconomic opportunities, thus advocating their financial independence and promoting equal rights; incentivise bilateral and trilateral partnerships between Southern Neighbourhood universities and EU universities, including through wider distance-learning opportunities for Southern Neighbourhood students and wider exchange opportunities for academic staff; secure broader access to EU-based online media, including through public digital hubs, and EU cultural content for interested audiences in Southern Neighbourhood countries; |
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(h)

pay attention to the existing methodology for performance management and the reporting system for EU programmes, including the incentive-based approach, in the mainstreaming of the socioeconomic integration of women in the region and of gender equality in all EU policy areas wherever possible; target EU support for women, with the objective of improving and ensuring their access to education, training and employment and, more generally, promoting equal professional and socioeconomic opportunities, thus advocating their financial independence and promoting equal rights; incentivise bilateral and trilateral partnerships between Southern Neighbourhood universities and EU universities, including through wider distance-learning opportunities for Southern Neighbourhood students and wider exchange opportunities for academic staff; secure broader access to EU-based online media, including through public digital hubs, and EU cultural content for interested audiences in Southern Neighbourhood countries;

| (i) | support the implementation and ratification of international conventions to combat violence against women; work to ensure that all the Member States and the Southern Neighbourhood countries sign, ratify and implement the Istanbul Convention and CEDAW; taking note of the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 25 November 2020 on the third Gender Action Plan (GAP III) (JOIN(2020)0017) and the EU Action Plan for Women, Peace and Security, encourage all Southern Neighbourhood partners to eradicate, investigate and prevent gender-based violence and discrimination, and ensure the meaningful and equal active participation of women in all spheres of public life and decision-making, and the promotion of women’s rights; advocate the full implementation in all Southern Neighbourhood partner countries of UN Security Council Resolution 1325 (2000) on women, peace and security, which takes stock of the disproportionate impact of conflicts on women and girls and guides work and actions to promote gender equality and strengthen women’s participation, protection and rights throughout the conflict cycle, from conflict prevention to post-conflict reconstruction; |
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(i)

support the implementation and ratification of international conventions to combat violence against women; work to ensure that all the Member States and the Southern Neighbourhood countries sign, ratify and implement the Istanbul Convention and CEDAW; taking note of the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 25 November 2020 on the third Gender Action Plan (GAP III) (JOIN(2020)0017) and the EU Action Plan for Women, Peace and Security, encourage all Southern Neighbourhood partners to eradicate, investigate and prevent gender-based violence and discrimination, and ensure the meaningful and equal active participation of women in all spheres of public life and decision-making, and the promotion of women’s rights; advocate the full implementation in all Southern Neighbourhood partner countries of UN Security Council Resolution 1325 (2000) on women, peace and security, which takes stock of the disproportionate impact of conflicts on women and girls and guides work and actions to promote gender equality and strengthen women’s participation, protection and rights throughout the conflict cycle, from conflict prevention to post-conflict reconstruction;

| (j) | recognise the importance of orderly migration between the countries of the Southern Neighbourhood and Europe which is managed on the basis of the principles of solidarity, balance and shared responsibility, while also fighting smuggling and human trafficking; |
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(j)

recognise the importance of orderly migration between the countries of the Southern Neighbourhood and Europe which is managed on the basis of the principles of solidarity, balance and shared responsibility, while also fighting smuggling and human trafficking;

| (k) | make sure that the EU, its Member States and its Southern Neighbourhood partners pursue migration policies that fully respect the human rights of migrants and refugees as enshrined in international, regional and national law; step up EU engagement in countries where human rights defenders and civil society and community-based organisations, including those that are protecting the lives of migrants and asylum-seekers, are under threat; recognise and adequately fund the important and indispensable work of humanitarian agencies, making sure that EU funding to this effect has ample visibility; |
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(k)

make sure that the EU, its Member States and its Southern Neighbourhood partners pursue migration policies that fully respect the human rights of migrants and refugees as enshrined in international, regional and national law; step up EU engagement in countries where human rights defenders and civil society and community-based organisations, including those that are protecting the lives of migrants and asylum-seekers, are under threat; recognise and adequately fund the important and indispensable work of humanitarian agencies, making sure that EU funding to this effect has ample visibility;

| (l) | guarantee that NDICI funding dedicated to migration in the Southern Neighbourhood is allocated as a matter of priority to programmes aiming to address the root causes of forced displacement, including by enhancing living standards in the region; |
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(l)

guarantee that NDICI funding dedicated to migration in the Southern Neighbourhood is allocated as a matter of priority to programmes aiming to address the root causes of forced displacement, including by enhancing living standards in the region;

| (m) | call for the EU and its partners in the Southern Neighbourhood to take a more coordinated, holistic and structured approach to migration, taking into account the importance of addressing the root causes of forced displacement; seek to decrease irregular entry into Member State territory; prioritise the readmission of migrants without the right to remain in the EU in relations with third countries, with due respect for the obligations of non-refoulement and international law; recall that progress is only possible through a combination of local human capital and external development support, that migration should not lead to brain drain and that migration is a challenge that affects stability in Southern Mediterranean countries; stress that ‘refugee’ is not equivalent to ‘economic migrant’ and that the EU should therefore adopt different approaches to the two categories; stress that the EU should facilitate safe routes for asylum-seekers and refugees into the EU; call for continued engagement with Southern Neighbourhood partners to ensure sustainable solutions for refugees; recall that the Southern Mediterranean and its young democratic systems are subject to tensions such as economic underdevelopment, conflict, a lack of opportunities for young people, structural unemployment and, in addition, the challenge of intra-Africa migration and the impact of climate change; take all these factors into account in the EU’s permanent dialogue with local actors; |
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(m)

call for the EU and its partners in the Southern Neighbourhood to take a more coordinated, holistic and structured approach to migration, taking into account the importance of addressing the root causes of forced displacement; seek to decrease irregular entry into Member State territory; prioritise the readmission of migrants without the right to remain in the EU in relations with third countries, with due respect for the obligations of non-refoulement and international law; recall that progress is only possible through a combination of local human capital and external development support, that migration should not lead to brain drain and that migration is a challenge that affects stability in Southern Mediterranean countries; stress that ‘refugee’ is not equivalent to ‘economic migrant’ and that the EU should therefore adopt different approaches to the two categories; stress that the EU should facilitate safe routes for asylum-seekers and refugees into the EU; call for continued engagement with Southern Neighbourhood partners to ensure sustainable solutions for refugees; recall that the Southern Mediterranean and its young democratic systems are subject to tensions such as economic underdevelopment, conflict, a lack of opportunities for young people, structural unemployment and, in addition, the challenge of intra-Africa migration and the impact of climate change; take all these factors into account in the EU’s permanent dialogue with local actors;

| (n) | urgently step up and pursue partnerships and cooperation with relevant Southern Neighbourhood countries in order to tackle and fight the immediate and long-term adverse impacts of climate change, promote environmental protection and devise solutions to address water scarcity, focusing on resilience-building efforts, and work toward the advancement and acceleration of the green transition, in line with the Paris Agreement, the European Green Deal and the 2030 Agenda, by mainstreaming adequate climate conditionality in all EU assistance to third countries in line with the climate commitments made by the EU; recall that the EU strategy on climate action and climate mitigation will not be as effective without sizeable investment and considerable improvements in the EU’s neighbourhood; support the flagship initiatives on climate preservation in the economic and investment plan for the Southern Neighbourhood; warn of the impact of climate change on the Maghreb region, particularly in Sub-Saharan Africa, and the issue of decreasing access to water in the Maghreb and Mashreq regions; recall that access to water, reforestation, decarbonisation, the circular economy, the adoption of a business model based on renewable energy sources and access to such sources will be essential for the climate neutrality of the Southern Neighbourhood and in protecting it against the effects of climate change; recall, further, that this, in turn, will increase the EU’s capacity to achieve its objectives of climate neutrality; support regional dialogue and cooperation on sustainable water management, technology and access to water, such as water saving, reclaimed water and desalination plans, through renewable energy, and support further investment in renewable energy sources, such as wind, solar and green hydrogen in the region; stress the importance of partnerships with relevant Southern Neighbourhood countries on reforestation and sustainable agricultural practices resulting in reduced water consumption; stress that best practices in the field of agriculture exist not only in the EU, but also in the Southern Neighbourhood, and takes the view, therefore, that the EU could play an important role in promoting and advancing dialogue, cooperation and South-South partnerships on the exchange of such practices; |
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(n)

urgently step up and pursue partnerships and cooperation with relevant Southern Neighbourhood countries in order to tackle and fight the immediate and long-term adverse impacts of climate change, promote environmental protection and devise solutions to address water scarcity, focusing on resilience-building efforts, and work toward the advancement and acceleration of the green transition, in line with the Paris Agreement, the European Green Deal and the 2030 Agenda, by mainstreaming adequate climate conditionality in all EU assistance to third countries in line with the climate commitments made by the EU; recall that the EU strategy on climate action and climate mitigation will not be as effective without sizeable investment and considerable improvements in the EU’s neighbourhood; support the flagship initiatives on climate preservation in the economic and investment plan for the Southern Neighbourhood; warn of the impact of climate change on the Maghreb region, particularly in Sub-Saharan Africa, and the issue of decreasing access to water in the Maghreb and Mashreq regions; recall that access to water, reforestation, decarbonisation, the circular economy, the adoption of a business model based on renewable energy sources and access to such sources will be essential for the climate neutrality of the Southern Neighbourhood and in protecting it against the effects of climate change; recall, further, that this, in turn, will increase the EU’s capacity to achieve its objectives of climate neutrality; support regional dialogue and cooperation on sustainable water management, technology and access to water, such as water saving, reclaimed water and desalination plans, through renewable energy, and support further investment in renewable energy sources, such as wind, solar and green hydrogen in the region; stress the importance of partnerships with relevant Southern Neighbourhood countries on reforestation and sustainable agricultural practices resulting in reduced water consumption; stress that best practices in the field of agriculture exist not only in the EU, but also in the Southern Neighbourhood, and takes the view, therefore, that the EU could play an important role in promoting and advancing dialogue, cooperation and South-South partnerships on the exchange of such practices;

| (o) | actively support common measures to conserve, protect, restore and sustainably use the rich biodiversity of the Mediterranean basin, a unique centre of diversification for species of fauna and flora, ensure sustainable resource management, including water, and strengthen sustainable food systems; help improve the monitoring and control of and effective regional cooperation on the management of marine biological resources; |
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(o)

actively support common measures to conserve, protect, restore and sustainably use the rich biodiversity of the Mediterranean basin, a unique centre of diversification for species of fauna and flora, ensure sustainable resource management, including water, and strengthen sustainable food systems; help improve the monitoring and control of and effective regional cooperation on the management of marine biological resources;

| (p) | prepare an analysis of the positive role that the EU and deeper EU relations with Southern Neighbourhood countries can play in reducing their carbon emissions and the joint efforts they can make to diversify their energy resources and increase their energy supply from renewable and sustainable energy sources; present in due time a strategy for further enhancing the role of the Southern Neighbourhood in advancing the implementation of the European Green Deal in a manner consistent with the commitments of the Paris Agreement; support the countries of the Southern Neighbourhood technically and financially in their efforts to diversify their energy supplies by intensifying the production of renewable energy, with a particular focus on solar and wind energy; highlight that the development of the green energy market has the potential to contribute to the creation of new jobs and therefore increase the employment rate in the countries embracing the energy transition; |
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(p)

prepare an analysis of the positive role that the EU and deeper EU relations with Southern Neighbourhood countries can play in reducing their carbon emissions and the joint efforts they can make to diversify their energy resources and increase their energy supply from renewable and sustainable energy sources; present in due time a strategy for further enhancing the role of the Southern Neighbourhood in advancing the implementation of the European Green Deal in a manner consistent with the commitments of the Paris Agreement; support the countries of the Southern Neighbourhood technically and financially in their efforts to diversify their energy supplies by intensifying the production of renewable energy, with a particular focus on solar and wind energy; highlight that the development of the green energy market has the potential to contribute to the creation of new jobs and therefore increase the employment rate in the countries embracing the energy transition;

| (q) | pursue an active EU role in facilitating dialogue and cooperation among all the countries of the Southern and Eastern Mediterranean in the field of energy, promoting, where necessary, the capacity for understanding, dialogue and final settlements on maritime border demarcation in accordance with international law, including the UN Convention on the Law of the Sea (UNCLOS); pursue an active EU role in facilitating dialogue and cooperation in this regard to safeguard the territorial integrity and exclusive economic zone of the countries concerned, promoting respect for international law and negotiated final agreements on maritime border demarcation; |
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(q)

pursue an active EU role in facilitating dialogue and cooperation among all the countries of the Southern and Eastern Mediterranean in the field of energy, promoting, where necessary, the capacity for understanding, dialogue and final settlements on maritime border demarcation in accordance with international law, including the UN Convention on the Law of the Sea (UNCLOS); pursue an active EU role in facilitating dialogue and cooperation in this regard to safeguard the territorial integrity and exclusive economic zone of the countries concerned, promoting respect for international law and negotiated final agreements on maritime border demarcation;

| (r) | further promote and urgently take measures to strengthen the interconnection capacity between the EU and countries in the Southern and Eastern Mediterranean that produce natural gas and other types of energy, through relevant EU hubs; consider, in particular, adequate pipeline, harbour and other infrastructure and technology that are green hydrogen-ready to avoid a lock-in effect both in the EU and in Southern Neighbourhood countries, for the benefit of all producer countries and all Member States; reaffirm that the dependencies on oil and natural gas should be reduced in due time through an all-encompassing green transition in line with the European Green Deal, and also support green transitions in the countries in the Southern Neighbourhood; note that the East Mediterranean Gas Forum (EMGF) serves as a platform for positive regional cooperation; |
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(r)

further promote and urgently take measures to strengthen the interconnection capacity between the EU and countries in the Southern and Eastern Mediterranean that produce natural gas and other types of energy, through relevant EU hubs; consider, in particular, adequate pipeline, harbour and other infrastructure and technology that are green hydrogen-ready to avoid a lock-in effect both in the EU and in Southern Neighbourhood countries, for the benefit of all producer countries and all Member States; reaffirm that the dependencies on oil and natural gas should be reduced in due time through an all-encompassing green transition in line with the European Green Deal, and also support green transitions in the countries in the Southern Neighbourhood; note that the East Mediterranean Gas Forum (EMGF) serves as a platform for positive regional cooperation;

| (s) | also promote electrical interconnection within the scope of diversifying the EU’s energy resources and increasing its energy supply from renewable energy sources; |
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(s)

also promote electrical interconnection within the scope of diversifying the EU’s energy resources and increasing its energy supply from renewable energy sources;

| (t) | take into account the potential of the blue economy to promote sustainable growth and economic opportunities on both sides of the Mediterranean, duly integrating it into economic development planning; |
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(t)

take into account the potential of the blue economy to promote sustainable growth and economic opportunities on both sides of the Mediterranean, duly integrating it into economic development planning;

| (u) | build on the very positive experience of some Member States in supporting start-up companies and further advancing their work through dedicated incubators or accelerators, especially in key sectors such as health, renewable energy, artificial intelligence, new technologies and education; set up and support incubators or accelerators in relevant Southern Neighbourhood countries, support the creation of local start-up companies, and increase their digital and green capacities; concur on the importance of further improving the digital infrastructure of relevant Southern Neighbourhood countries and including these countries in the EU’s digital agenda; point out that this is a prerequisite for economic development, socioeconomic integration and wider access to education; lead in promoting investment and partnerships between EU telecom companies and telecom companies in relevant Southern Neighbourhood countries for providing access to modern digital infrastructure, in particular 5G mobile networks, based on EU technology, and warn that failure to do so will give third countries seeking to build leverage and an economic and political presence in the region a competitive advantage, including in political terms; recall the importance of close policy dialogue and cooperation between the EU and Southern Neighbourhood countries in developing adequate cybersecurity policies that protect the fundamental rights and freedoms of all users in line with EU values, and partnership in international forums on cybersecurity standards, in order to achieve an open, secure and reliable cyberspace; build on the StratCom Task Force South with the aim of further developing a concrete strategy for combating disinformation, as well as countering fake news and propaganda from Russia, China and other regional powers in our Southern Neighbourhood countries, as well as in the EU; express deep concern over the domestic impact, in the EU Member States, of disinformation campaigns aggressively led by Russia and China on social media platforms and in conventional media; urge the governments of Southern neighbours to allow unfettered access to the internet and uphold the freedom of expression of dissenting voices without fear of reprisals; call on the governments of Southern neighbours to respect and protect freedom of expression and information and press freedom both online and offline; finance programmes in support of freedom of expression and privacy, internet access and online ethics; |
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(u)

build on the very positive experience of some Member States in supporting start-up companies and further advancing their work through dedicated incubators or accelerators, especially in key sectors such as health, renewable energy, artificial intelligence, new technologies and education; set up and support incubators or accelerators in relevant Southern Neighbourhood countries, support the creation of local start-up companies, and increase their digital and green capacities; concur on the importance of further improving the digital infrastructure of relevant Southern Neighbourhood countries and including these countries in the EU’s digital agenda; point out that this is a prerequisite for economic development, socioeconomic integration and wider access to education; lead in promoting investment and partnerships between EU telecom companies and telecom companies in relevant Southern Neighbourhood countries for providing access to modern digital infrastructure, in particular 5G mobile networks, based on EU technology, and warn that failure to do so will give third countries seeking to build leverage and an economic and political presence in the region a competitive advantage, including in political terms; recall the importance of close policy dialogue and cooperation between the EU and Southern Neighbourhood countries in developing adequate cybersecurity policies that protect the fundamental rights and freedoms of all users in line with EU values, and partnership in international forums on cybersecurity standards, in order to achieve an open, secure and reliable cyberspace; build on the StratCom Task Force South with the aim of further developing a concrete strategy for combating disinformation, as well as countering fake news and propaganda from Russia, China and other regional powers in our Southern Neighbourhood countries, as well as in the EU; express deep concern over the domestic impact, in the EU Member States, of disinformation campaigns aggressively led by Russia and China on social media platforms and in conventional media; urge the governments of Southern neighbours to allow unfettered access to the internet and uphold the freedom of expression of dissenting voices without fear of reprisals; call on the governments of Southern neighbours to respect and protect freedom of expression and information and press freedom both online and offline; finance programmes in support of freedom of expression and privacy, internet access and online ethics;

| (v) | secure adequate resources for the timely and effective implementation of the new agenda for the Mediterranean, also as a way to support longer-term investment and partnerships by EU-based companies in the Southern Neighbourhood; point to the fact that, as a consequence of the pandemic and the war in Ukraine, many EU-based companies are either reshoring or nearshoring their supply and production lines; acknowledge that this provides a unique opportunity for both the EU and the Southern Neighbourhood, through the timely and full implementation of the new agenda for the Mediterranean and the economic and investment plan, to secure an environment able to support those EU-based companies that want to nearshore and to promote longer-term investment in the Southern Neighbourhood, thereby establishing closer political links and stronger cooperation with the countries of the Southern Neighbourhood; |
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(v)

secure adequate resources for the timely and effective implementation of the new agenda for the Mediterranean, also as a way to support longer-term investment and partnerships by EU-based companies in the Southern Neighbourhood; point to the fact that, as a consequence of the pandemic and the war in Ukraine, many EU-based companies are either reshoring or nearshoring their supply and production lines; acknowledge that this provides a unique opportunity for both the EU and the Southern Neighbourhood, through the timely and full implementation of the new agenda for the Mediterranean and the economic and investment plan, to secure an environment able to support those EU-based companies that want to nearshore and to promote longer-term investment in the Southern Neighbourhood, thereby establishing closer political links and stronger cooperation with the countries of the Southern Neighbourhood;

| (w) | include economic and labour rights in the new agenda, innovate and encourage strategies based on in-depth analysis of what is occurring on the southern border, and focus on decent work, sustainable development and international labour standards; effectively include the trade union movement in national consultations and encourage social dialogue; work towards ending child labour and guaranteeing the right to a salary and compensation and the freedom to unionise, and put an end to situations of slavery and discrimination, looking also at the need to provide adequate protection for refugees in the region; encourage social dialogue and collective bargaining, and promote the inclusion of women and young people in trade union structures and political spaces; |
| --- | --- |

(w)

include economic and labour rights in the new agenda, innovate and encourage strategies based on in-depth analysis of what is occurring on the southern border, and focus on decent work, sustainable development and international labour standards; effectively include the trade union movement in national consultations and encourage social dialogue; work towards ending child labour and guaranteeing the right to a salary and compensation and the freedom to unionise, and put an end to situations of slavery and discrimination, looking also at the need to provide adequate protection for refugees in the region; encourage social dialogue and collective bargaining, and promote the inclusion of women and young people in trade union structures and political spaces;

| (x) | promote regional, sub-regional and bilateral integration in the Southern Mediterranean, in particular with a view to the removal of any border, transport or trade barriers between the countries of the region and actively promoting closer links and partnerships; establish as a strategic priority the improvement of the trade relationship between the EU and the countries of the Southern Neighbourhood by working towards a Euro-Mediterranean free trade area for goods and services; maintain a focus on the facilitation of investments, services and sustainable development; |
| --- | --- |

(x)

promote regional, sub-regional and bilateral integration in the Southern Mediterranean, in particular with a view to the removal of any border, transport or trade barriers between the countries of the region and actively promoting closer links and partnerships; establish as a strategic priority the improvement of the trade relationship between the EU and the countries of the Southern Neighbourhood by working towards a Euro-Mediterranean free trade area for goods and services; maintain a focus on the facilitation of investments, services and sustainable development;

| (y) | reiterate the EU’s longstanding commitment to the relevant UN resolutions, more specifically the UN Security Council resolution of January 2022, and recall Parliament’s resolution of 17 February 2022 on the implementation of the common foreign and security policy, in the context of the Middle East Peace Process, based on the two-state solution, with a secure State of Israel and an independent, democratic, contiguous, sovereign and viable State of Palestine, living side by side in peace and security on the basis of 1967 lines, with mutually agreed equivalent land swaps and Jerusalem as the capital of both states; recall that Israeli settlements in the occupied Palestinian territories are illegal under international law; call for an end to actions that could undermine the viability of the two-state solution on the ground, and not proceed with settlements and terrorism, as they constitute a violation of international law and do not contribute to lasting and comprehensive peace; warn that in the current geopolitical context the Middle East Peace Process can only advance with strong political commitment and investment by the EU and the US; promote direct negotiations between Israel and the Palestinians; |
| --- | --- |

(y)

reiterate the EU’s longstanding commitment to the relevant UN resolutions, more specifically the UN Security Council resolution of January 2022, and recall Parliament’s resolution of 17 February 2022 on the implementation of the common foreign and security policy, in the context of the Middle East Peace Process, based on the two-state solution, with a secure State of Israel and an independent, democratic, contiguous, sovereign and viable State of Palestine, living side by side in peace and security on the basis of 1967 lines, with mutually agreed equivalent land swaps and Jerusalem as the capital of both states; recall that Israeli settlements in the occupied Palestinian territories are illegal under international law; call for an end to actions that could undermine the viability of the two-state solution on the ground, and not proceed with settlements and terrorism, as they constitute a violation of international law and do not contribute to lasting and comprehensive peace; warn that in the current geopolitical context the Middle East Peace Process can only advance with strong political commitment and investment by the EU and the US; promote direct negotiations between Israel and the Palestinians;

| (z) | continue to support, both politically and financially, the work of relevant UN bodies, such as the UN Relief and Works Agency for Palestine Refugees, with adequate visibility for EU funding and support to this effect and in synergy with the EU’s objectives; |
| --- | --- |

(z)

continue to support, both politically and financially, the work of relevant UN bodies, such as the UN Relief and Works Agency for Palestine Refugees, with adequate visibility for EU funding and support to this effect and in synergy with the EU’s objectives;

| (aa) | recognise the importance of EU financial assistance to the Palestinian National Authority and Palestinian civil society on the ground, particularly in providing support for people in times of severe food crises and energy shortages, and promote the right conditions to alleviate the consequences of the Russian aggression against Ukraine, as underlined by President Ursula von der Leyen during her last visit to Ramallah on 14 June 2022; underline that funding must not be suspended for civil society organisations without evidence of misuse; |
| --- | --- |

(aa)

recognise the importance of EU financial assistance to the Palestinian National Authority and Palestinian civil society on the ground, particularly in providing support for people in times of severe food crises and energy shortages, and promote the right conditions to alleviate the consequences of the Russian aggression against Ukraine, as underlined by President Ursula von der Leyen during her last visit to Ramallah on 14 June 2022; underline that funding must not be suspended for civil society organisations without evidence of misuse;

| (ab) | continue to support cooperation throughout the region; note the Abraham Accords, which have resulted in the mutual recognition of Israel, Bahrain, the United Arab Emirates, Morocco and Sudan, and that they provide an opportunity to strengthen cooperation between those states; |
| --- | --- |

(ab)

continue to support cooperation throughout the region; note the Abraham Accords, which have resulted in the mutual recognition of Israel, Bahrain, the United Arab Emirates, Morocco and Sudan, and that they provide an opportunity to strengthen cooperation between those states;

| (ac) | encourage regional cooperation and support the normalisation of relations between Israel and the Arab states, and promote the full inclusion of the Palestinian National Authority, in line with EU and US efforts to achieve peace, security and stability in the region and in accordance with the UN framework, the Arab Peace Initiative and the Oslo Accords; use this momentum to advance dialogue and cooperation in the region to support the Middle East Peace process and the two-state solution as well as respect for international law; |
| --- | --- |

(ac)

encourage regional cooperation and support the normalisation of relations between Israel and the Arab states, and promote the full inclusion of the Palestinian National Authority, in line with EU and US efforts to achieve peace, security and stability in the region and in accordance with the UN framework, the Arab Peace Initiative and the Oslo Accords; use this momentum to advance dialogue and cooperation in the region to support the Middle East Peace process and the two-state solution as well as respect for international law;

| (ad) | actively support, within the framework of its Global Gateway strategy and in synergy with the economic and investment plan for the Southern Neighbourhood, initial plans to develop a seamless trade link, via rail and sea interconnectors, between South East Asia and the countries of the Gulf Cooperation Council, Jordan, Israel, Palestine and Greece as entry points for traded goods and energy resources into the EU and as an alternative to the Belt and Road initiative; recall that this alternative route would further diversify the EU’s supply lines and add to the EU’s energy security, and would reinforce the Southern Neighbourhood’s potential for economic growth, as well as further enhance the process of regional integration and regional dialogue and promote long-standing partnership, cooperation and peace among all the countries in the region; |
| --- | --- |

(ad)

actively support, within the framework of its Global Gateway strategy and in synergy with the economic and investment plan for the Southern Neighbourhood, initial plans to develop a seamless trade link, via rail and sea interconnectors, between South East Asia and the countries of the Gulf Cooperation Council, Jordan, Israel, Palestine and Greece as entry points for traded goods and energy resources into the EU and as an alternative to the Belt and Road initiative; recall that this alternative route would further diversify the EU’s supply lines and add to the EU’s energy security, and would reinforce the Southern Neighbourhood’s potential for economic growth, as well as further enhance the process of regional integration and regional dialogue and promote long-standing partnership, cooperation and peace among all the countries in the region;

| (ae) | implement the new agenda for the Mediterranean by reinforcing EU support for free, strong and independent civil society across the Mediterranean, and through dedicated dialogue and consultation with local and regional authorities and communities; reinforce the links between EU delegations and the Euro-Mediterranean Regional and Local Assembly (ARLEM); recall that these are important and essential drivers for sustainable and fair economic and human development and are closer to the people, so that implementation strategies can reach all communities, including those most disadvantaged geographically or in socioeconomic terms, as well as human rights defenders; insist that EU support to civil society organisations should not be conditional on the approval of national authorities and is essential in all countries of the region without exception; mandate delegations in the Southern Neighbourhood to increase contact with local and regional authorities and a cross-section of society, as drivers for territorial development, especially in consultations on EU priorities for partnership and investment in Southern Neighbourhood countries; further mandate EU delegations in Southern Neighbourhood countries to set up high-level advisory councils reflecting the social, economic and political diversity of the countries concerned and comprising economic, media, cultural, academic, civil society and prominent youth leaders, as well as social partners and leading human rights defenders from the countries concerned, and providing more reflective input from key stakeholders as regards EU policy priorities and the policy architecture devised by the EU; |
| --- | --- |

(ae)

implement the new agenda for the Mediterranean by reinforcing EU support for free, strong and independent civil society across the Mediterranean, and through dedicated dialogue and consultation with local and regional authorities and communities; reinforce the links between EU delegations and the Euro-Mediterranean Regional and Local Assembly (ARLEM); recall that these are important and essential drivers for sustainable and fair economic and human development and are closer to the people, so that implementation strategies can reach all communities, including those most disadvantaged geographically or in socioeconomic terms, as well as human rights defenders; insist that EU support to civil society organisations should not be conditional on the approval of national authorities and is essential in all countries of the region without exception; mandate delegations in the Southern Neighbourhood to increase contact with local and regional authorities and a cross-section of society, as drivers for territorial development, especially in consultations on EU priorities for partnership and investment in Southern Neighbourhood countries; further mandate EU delegations in Southern Neighbourhood countries to set up high-level advisory councils reflecting the social, economic and political diversity of the countries concerned and comprising economic, media, cultural, academic, civil society and prominent youth leaders, as well as social partners and leading human rights defenders from the countries concerned, and providing more reflective input from key stakeholders as regards EU policy priorities and the policy architecture devised by the EU;

| (af) | address the human rights situation and challenges faced by civil society and support concrete initiatives that reinforce civil society organisations, human rights defenders and independent media; ensure that partner countries effectively implement labour standards and address violations of ILO standards; |
| --- | --- |

(af)

address the human rights situation and challenges faced by civil society and support concrete initiatives that reinforce civil society organisations, human rights defenders and independent media; ensure that partner countries effectively implement labour standards and address violations of ILO standards;

| (ag) | incentivise and assist reform through the Southern Neighbourhood policy in the fields of democracy, the rule of law, human rights, good governance and anti-corruption for the benefit of people and stability in the region; |
| --- | --- |

(ag)

incentivise and assist reform through the Southern Neighbourhood policy in the fields of democracy, the rule of law, human rights, good governance and anti-corruption for the benefit of people and stability in the region;

| (ah) | call on all Southern Mediterranean countries to allow for a free, secure and transnational space for science and civil society organisations ahead of Egypt’s hosting of the COP27; |
| --- | --- |

(ah)

call on all Southern Mediterranean countries to allow for a free, secure and transnational space for science and civil society organisations ahead of Egypt’s hosting of the COP27;

| (ai) | present an ambitious EU action plan to tackle impunity for crimes against humanity, as requested by Parliament in March 2021, giving immediate priority to Syria which has seen the region’s deadliest conflict in decades, and stress the need to work to achieve a stable, secure, united and prosperous Libya, which is in everyone’s interests; |
| --- | --- |

(ai)

present an ambitious EU action plan to tackle impunity for crimes against humanity, as requested by Parliament in March 2021, giving immediate priority to Syria which has seen the region’s deadliest conflict in decades, and stress the need to work to achieve a stable, secure, united and prosperous Libya, which is in everyone’s interests;

| (aj) | present annual updates on the implementation of the new agenda for the Mediterranean, with particular regard to the disbursement of financial resources made available for the economic and investment plan; regularly consult Parliament on the annual and multi-annual programming related to the implementation of the new agenda for the Mediterranean and the economic and investment plan; regularly brief Parliament on the state of play of the new agenda for the Mediterranean, especially the implementation of its five priorities and the conclusion and fulfilment of joint documents and partnership priorities, and keep it informed about said implementation and the response to its recommendations in all EU policy areas, as well as on additional projects and programmes that will boost the EU’s partnership capacity with Southern Neighbourhood countries; |
| --- | --- |

(aj)

present annual updates on the implementation of the new agenda for the Mediterranean, with particular regard to the disbursement of financial resources made available for the economic and investment plan; regularly consult Parliament on the annual and multi-annual programming related to the implementation of the new agenda for the Mediterranean and the economic and investment plan; regularly brief Parliament on the state of play of the new agenda for the Mediterranean, especially the implementation of its five priorities and the conclusion and fulfilment of joint documents and partnership priorities, and keep it informed about said implementation and the response to its recommendations in all EU policy areas, as well as on additional projects and programmes that will boost the EU’s partnership capacity with Southern Neighbourhood countries;

| (ak) | invest relevant efforts in advancing intercultural and interreligious dialogue as a valuable opportunity to promote human rights and freedoms, jointly address religious fundamentalism, discrimination, anti-Muslim hatred and antisemitism, and jointly fight against radicalisation, incitement to hatred and violence, and terrorism; recall the intention of the President of Parliament to appoint an envoy for interreligious dialogue and closely involve the existing Commission and Parliament envoys for interreligious dialogue in joint efforts for interreligious dialogue with the Southern Neighbourhood countries; |
| --- | --- |

(ak)

invest relevant efforts in advancing intercultural and interreligious dialogue as a valuable opportunity to promote human rights and freedoms, jointly address religious fundamentalism, discrimination, anti-Muslim hatred and antisemitism, and jointly fight against radicalisation, incitement to hatred and violence, and terrorism; recall the intention of the President of Parliament to appoint an envoy for interreligious dialogue and closely involve the existing Commission and Parliament envoys for interreligious dialogue in joint efforts for interreligious dialogue with the Southern Neighbourhood countries;

| (al) | seize the opportunity of the new agenda for the Mediterranean to create a strong framework for dialogue and cooperation across the Mediterranean for the preservation and promotion of cultural heritage, and for raising awareness of its value, including with a view to further promoting tourism and economic opportunities; enhance the preservation and promotion of the Cultural Routes of the Council of Europe in which the countries of the Southern Neighbourhood also participate, including the Andalusian Legacy Routes, the Aeneas Route, the Routes of the Olive Tree, the Iter Vitis Route and the Phoenician Route; |
| --- | --- |

(al)

seize the opportunity of the new agenda for the Mediterranean to create a strong framework for dialogue and cooperation across the Mediterranean for the preservation and promotion of cultural heritage, and for raising awareness of its value, including with a view to further promoting tourism and economic opportunities; enhance the preservation and promotion of the Cultural Routes of the Council of Europe in which the countries of the Southern Neighbourhood also participate, including the Andalusian Legacy Routes, the Aeneas Route, the Routes of the Olive Tree, the Iter Vitis Route and the Phoenician Route;

| (am) | seize the opportunity to further expand the EU’s capacity for outreach and dialogue with the governments and parliaments of Southern Neighbourhood countries through Parliament’s long-standing and effective capacity for inter-parliamentary dialogue, democratic support and parliamentary diplomacy, with particular reference to Parliament’s inter-parliamentary delegations and their capacity to promote, in close coordination with relevant Parliament committees, democratic and policy dialogue in closer cooperation with Southern Neighbourhood countries; |
| --- | --- |

(am)

seize the opportunity to further expand the EU’s capacity for outreach and dialogue with the governments and parliaments of Southern Neighbourhood countries through Parliament’s long-standing and effective capacity for inter-parliamentary dialogue, democratic support and parliamentary diplomacy, with particular reference to Parliament’s inter-parliamentary delegations and their capacity to promote, in close coordination with relevant Parliament committees, democratic and policy dialogue in closer cooperation with Southern Neighbourhood countries;

| (an) | ensure a positive link between the new agenda for the Mediterranean and the capacity of the EU and its Member States to build a coalition of like-minded countries to support a rules-based, effective multilateral system capable of boosting the capacity of the international community to address global challenges; include in the new agenda for the Mediterranean a strengthened dialogue on the value for Southern Neighbourhood countries of converging with the EU not only on policy dialogue, stability and economic growth, but also on the capacity to promote peace and stability, uphold the principles of and respect for international law, as in the case of the war of aggression against Ukraine, combat extremism, and uphold democratic values, fundamental freedoms and human rights in the UN system and relevant multilateral forums; |
| --- | --- |

(an)

ensure a positive link between the new agenda for the Mediterranean and the capacity of the EU and its Member States to build a coalition of like-minded countries to support a rules-based, effective multilateral system capable of boosting the capacity of the international community to address global challenges; include in the new agenda for the Mediterranean a strengthened dialogue on the value for Southern Neighbourhood countries of converging with the EU not only on policy dialogue, stability and economic growth, but also on the capacity to promote peace and stability, uphold the principles of and respect for international law, as in the case of the war of aggression against Ukraine, combat extremism, and uphold democratic values, fundamental freedoms and human rights in the UN system and relevant multilateral forums;

| (ao) | engage with all Southern Neighbourhood partners to develop policies based on the 2030 Agenda and its SDGs, and aimed at strengthening the rule of law, good governance and respect for human rights and international law; |
| --- | --- |

(ao)

engage with all Southern Neighbourhood partners to develop policies based on the 2030 Agenda and its SDGs, and aimed at strengthening the rule of law, good governance and respect for human rights and international law;

| (ap) | encourage the Council to make full use of the EU Global Human Rights Sanctions Regime in the event of serious human rights violations in the region; work to extend the scope of this important instrument to include acts of corruption; |
| --- | --- |

(ap)

encourage the Council to make full use of the EU Global Human Rights Sanctions Regime in the event of serious human rights violations in the region; work to extend the scope of this important instrument to include acts of corruption;

| (aq) | condemn once again the use of the death penalty; call on the Southern Neighbourhood partners concerned to introduce an immediate moratorium on the use of the death penalty as a step towards abolishing it and to commute all death sentences; |
| --- | --- |

(aq)

condemn once again the use of the death penalty; call on the Southern Neighbourhood partners concerned to introduce an immediate moratorium on the use of the death penalty as a step towards abolishing it and to commute all death sentences;

| 2. | Instructs its President to forward this recommendation to the Council, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Commission, the Committee of the Regions, the Secretariat of the Union for the Mediterranean and its Parliamentary Assembly, as well as the governments and parliaments of the Member States of the European Union and the States that are members of the Union for the Mediterranean and its parliamentary dimension. |
| --- | --- |

2.

---

(1)  OJ C 108, 26.3.2021, p. 90.

---

III Preparatory acts

European Parliament

Tuesday 13 September 2022

| 5.4.2023 | EN | Official Journal of the European Union | C 125/166 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/166

---

P9_TA(2022)0303

Uniform procedures for checks on the transport of dangerous goods by road (codification) ***I

European Parliament legislative resolution of 13 September 2022 on the proposal for a directive of the European Parliament and of the Council on uniform procedures for checks on the transport of dangerous goods by road (codification) (COM(2021)0483 — C9-0347/2021 — 2021/0275(COD))

(Ordinary legislative procedure — codification)

(2023/C 125/15)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2021)0483), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2021)0483),

| — | having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0347/2021), |
| --- | --- |

—

having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0347/2021),

| — | 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 20 October 2021 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 20 October 2021 (1),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 109 and 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 109 and 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A9-0228/2022), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A9-0228/2022),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance; |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance;

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

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

2.

---

(1)  OJ C 105, 4.3.2022, p. 148.

(2)  OJ C 102, 4.4.1996, p. 2.

---

P9_TC1-COD(2021)0275

Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Directive (EU) 2022/... of the European Parliament and of the Council on uniform procedures for checks on the transport of dangerous goods by road (codification)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2022/1999.)

---

| 5.4.2023 | EN | Official Journal of the European Union | C 125/167 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/167

---

P9_TA(2022)0304

Conclusion of the amendments to the International Sugar Agreement, 1992 ***

European Parliament legislative resolution of 13 September 2022 on the draft Council decision concerning the conclusion of the amendments to the International Sugar Agreement, 1992 (07978/2022 — C9-0181/2022 — 2022/0082(NLE))

(Consent)

(2023/C 125/16)

The European Parliament,

| — | having regard to the draft Council decision (07978/2022), |
| --- | --- |

—

having regard to the draft Council decision (07978/2022),

| — | having regard to the draft amendments to the International Sugar Agreement, 1992 (07978/2022), |
| --- | --- |

—

having regard to the draft amendments to the International Sugar Agreement, 1992 (07978/2022),

| — | having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph, and Article 218(6), second subparagraph, point (a) (v), of the Treaty on the Functioning of the European Union (C9-0181/2022), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph, and Article 218(6), second subparagraph, point (a) (v), of the Treaty on the Functioning of the European Union (C9-0181/2022),

| — | having regard to Rule 105(1) and (4), and Rule 114(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(1) and (4), and Rule 114(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade (A9-0229/2022), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade (A9-0229/2022),

| 1. | Gives its consent to the conclusion of the amendments to the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

2.

---

| 5.4.2023 | EN | Official Journal of the European Union | C 125/168 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/168

---

P9_TA(2022)0305

EU/Mauritius Fisheries Partnership Agreement: fishing opportunities and financial contribution 2017-2021. Extension of the Protocol ***

European Parliament legislative resolution of 13 September 2022 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (05657/2022 — C9-0166/2022 — 2022/0014(NLE))

(Consent)

(2023/C 125/17)

The European Parliament,

| — | having regard to the draft Council decision (05657/2022), |
| --- | --- |

—

having regard to the draft Council decision (05657/2022),

| — | having regard to the draft agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius concerning an extension of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (05658/2022), |
| --- | --- |

—

having regard to the draft agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius concerning an extension of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (05658/2022),

| — | having regard to the request for consent submitted by the Council in accordance with Article 43 and Article 218(6), second subparagraph, point (a) (v), of the Treaty on the Functioning of the European Union (C9-0166/2022), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 43 and Article 218(6), second subparagraph, point (a) (v), of the Treaty on the Functioning of the European Union (C9-0166/2022),

| — | having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Budgets, |
| --- | --- |

—

having regard to the opinion of the Committee on Budgets,

| — | having regard to the recommendation of the Committee on Fisheries (A9-0211/2022), |
| --- | --- |

—

having regard to the recommendation of the Committee on Fisheries (A9-0211/2022),

| 1. | Gives its consent to the conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Mauritius. |
| --- | --- |

2.

---

| 5.4.2023 | EN | Official Journal of the European Union | C 125/169 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/169

---

P9_TA(2022)0306

Draft amending budget No 2/2022: entering the surplus of the financial year 2021

European Parliament resolution of 13 September 2022 on the Council position on Draft amending budget No 2/2022 of the European Union for the financial year 2022 — Entering the surplus of the financial year 2021 (11467/2022 — C9-0297/2022 — 2022/0119(BUD))

(2023/C 125/18)

The European Parliament,

| — | having regard to Article 314 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 314 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 106a of the Treaty establishing the European Atomic Energy Community, |
| --- | --- |

—

having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

| — | having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof, |
| --- | --- |

—

having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,

| — | having regard to the general budget of the European Union for the financial year 2022, as definitively adopted on 24 November 2021 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2022, as definitively adopted on 24 November 2021 (2),

| — | having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021-2027 (3) (‘MFF Regulation’), |
| --- | --- |

—

having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021-2027 (3) (‘MFF Regulation’),

| — | having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (4), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (4),

| — | having regard to Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (5), |
| --- | --- |

—

having regard to Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (5),

| — | having regard to Draft amending budget No 2/2022, which the Commission adopted on 12 April 2022 (COM(2022)0250), |
| --- | --- |

—

having regard to Draft amending budget No 2/2022, which the Commission adopted on 12 April 2022 (COM(2022)0250),

| — | having regard to the position on Draft amending budget No 2/2022 which the Council adopted on 18 July 2022 and forwarded to Parliament on 16 August 2022 (11467/2022 — C9-0297/2022), |
| --- | --- |

—

having regard to the position on Draft amending budget No 2/2022 which the Council adopted on 18 July 2022 and forwarded to Parliament on 16 August 2022 (11467/2022 — C9-0297/2022),

| — | having regard to Rules 94 and 96 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 94 and 96 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A9-0226/2022), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A9-0226/2022),

| A. | whereas Draft amending budget No 2/2022 aims to enter in the 2022 budget the surplus from the financial year 2021, amounting to EUR 3 227,1 million; |
| --- | --- |

A.

whereas Draft amending budget No 2/2022 aims to enter in the 2022 budget the surplus from the financial year 2021, amounting to EUR 3 227,1 million;

| B. | whereas the main components of that surplus are a positive outturn on revenue of EUR 2 574,8 million and an under-spending in expenditure of EUR 652,3 million; |
| --- | --- |

B.

whereas the main components of that surplus are a positive outturn on revenue of EUR 2 574,8 million and an under-spending in expenditure of EUR 652,3 million;

| C. | whereas on the revenue side, the surplus is predominantly driven by a higher than expected amount of customs duties (by EUR 1 688,7 million) and a higher than forecast amount of financial revenue, default interest and fines (by EUR 1 110,8 million) made available to the Union budget in the last months of the year; |
| --- | --- |

C.

whereas on the revenue side, the surplus is predominantly driven by a higher than expected amount of customs duties (by EUR 1 688,7 million) and a higher than forecast amount of financial revenue, default interest and fines (by EUR 1 110,8 million) made available to the Union budget in the last months of the year;

| D. | whereas on the expenditure side, under-implementation in payments by the Commission reaches EUR 81 million for 2021 and EUR 250 million for 2020 carryovers (of which EUR 183 million related to the Emergency Support Instrument), and under-implementation by the other institutions reaches EUR 117 million for 2021 and EUR 77 million for carryovers; |
| --- | --- |

D.

whereas on the expenditure side, under-implementation in payments by the Commission reaches EUR 81 million for 2021 and EUR 250 million for 2020 carryovers (of which EUR 183 million related to the Emergency Support Instrument), and under-implementation by the other institutions reaches EUR 117 million for 2021 and EUR 77 million for carryovers;

| 1. | Takes note of Draft amending budget No 2/2022 as submitted by the Commission, which is devoted solely to the budgeting of the 2021 surplus, for an amount of EUR 3 227,1 million, in accordance with Article 18(3) of the Financial Regulation; notes that the 2021 surplus of EUR 3 227,1 million is particularly high; reiterates, in this context, that the Commission shall adhere to the principles of sound financial management in its implementation of the budget in accordance with Article 317 TFEU and Article 33 of the Financial Regulation; |
| --- | --- |

1.

| 2. | Regrets that EUR 183 million intended for the purchase of COVID-19 vaccines in 2021 were not spent as planned by the Commission or redirected to other needs; |
| --- | --- |

2.

| 3. | Reiterates its position that all available Union budget instruments, including the surplus, should be activated to continue providing the strongest possible economic and financial support to Ukraine and frontline countries and to further strengthen the Union’s solidarity capacities to address the social, energy, agricultural and economic consequences for the Union and its citizens of the Russian war in Ukraine; warns that those pressing needs will require additional support from the Union budget and stands ready to support relevant increases in the 2022 Union budget through future amending budgets and calls on the Commission to come forward, where relevant, with amending budgets mobilising fresh money to respond to those challenges; calls, in this context, on the Member States to devote the significant expected reductions in their GNI-based contributions stemming from the 2021 surplus to the budgeting of actions related to tackling the dire consequences of this illegal, unprovoked and unjustified war of aggression against Ukraine; |
| --- | --- |

3.

| 4. | Notes that, according to the Commission, competition fines in 2021 accounted for EUR 957 million; considers again that, in addition to any surplus resulting from under-implementation, the Union budget should be enabled to reuse any revenue resulting from fines or linked to late payments without a corresponding decrease in GNI contributions; |
| --- | --- |

4.

| 5. | Approves the Council position on Draft amending budget No 2/2022; |
| --- | --- |

5.

| 6. | Instructs its President to declare that Amending budget No 3/2022 has been definitively adopted and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

6.

| 7. | Instructs its President to forward this resolution to the Council, the Commission, the other institutions and bodies concerned and the national parliaments. |
| --- | --- |

7.

---

(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 45, 24.2.2022, p. 1.

(3)  OJ L 433 I, 22.12.2020, p. 11.

(4)  OJ L 433 I, 22.12.2020, p. 28.

(5)  OJ L 424, 15.12.2020, p. 1.

---

| 5.4.2023 | EN | Official Journal of the European Union | C 125/171 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/171

---

P9_TA(2022)0307

Amendments to the Capital Requirements Regulation in the area of resolution (‘daisy chain’ proposal) ***I

European Parliament legislative resolution of 13 September 2022 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 575/2013 and Directive 2014/59/EU as regards the prudential treatment of global systemically important institution groups with a multiple point of entry resolution strategy and a methodology for the indirect subscription of instruments eligible for meeting the minimum requirement for own funds and eligible liabilities (COM(2021)0665 — C9-0398/2021 — 2021/0343(COD))

(Ordinary legislative procedure: first reading)

(2023/C 125/19)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2021)0665), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2021)0665),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0398/2021), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0398/2021),

| — | 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 13 January 2022, (1) |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 13 January 2022, (1)

| — | having regard to the opinion of the European Economic and Social Committee of 9 December 2021, (2) |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 9 December 2021, (2)

| — | 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 15 June 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 15 June 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 (A9-0020/2022), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A9-0020/2022),

| 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 122, 17.3.2022, p. 33.

(2)  OJ C 152, 6.4.2022, p. 111.

---

P9_TC1-COD(2021)0343

Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council amending Regulation (EU) No 575/2013 and Directive 2014/59/EU as regards the prudential treatment of global systemically important institutions with a multiple-point-of-entry resolution strategy and methods for the indirect subscription of instruments eligible for meeting the minimum requirement for own funds and eligible liabilities

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/2036.)

---

| 5.4.2023 | EN | Official Journal of the European Union | C 125/172 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/172

---

P9_TA(2022)0309

Interim report on the 2021 proposal for a revision of the Multiannual Financial Framework

European Parliament resolution of 13 September 2022 on the 2021 proposal for a revision of the Multiannual Financial Framework (COM(2021)0569 — 2021/0429R(APP))

(2023/C 125/20)

The European Parliament,

| — | having regard to Articles 310, 311, 312 and 323 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 310, 311, 312 and 323 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Commission proposal of 22 December 2021 for a Council regulation amending Regulation (EU, Euratom) 2020/2093 laying down the multiannual financial framework for the years 2021 to 2027 (COM(2021)0569), |
| --- | --- |

—

having regard to the Commission proposal of 22 December 2021 for a Council regulation amending Regulation (EU, Euratom) 2020/2093 laying down the multiannual financial framework for the years 2021 to 2027 (COM(2021)0569),

| — | having regard to the Commission proposal of 14 July 2021 for a regulation of the European Parliament and of the Council establishing a Social Climate Fund (COM(2021)0568), |
| --- | --- |

—

having regard to the Commission proposal of 14 July 2021 for a regulation of the European Parliament and of the Council establishing a Social Climate Fund (COM(2021)0568),

| — | having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (1) (‘the IIA’), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (1) (‘the IIA’),

| — | having regard to Rule 105(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(5) of its Rules of Procedure,

| — | having regard to the interim report of the Committee on Budgets (A9-0227/2022), |
| --- | --- |

—

having regard to the interim report of the Committee on Budgets (A9-0227/2022),

| A. | whereas the Commission’s 22 December 2021 proposals to establish the next generation of own resources for the Union budget and to revise the multiannual financial framework (‘the MFF’) for the period 2021-2027 are inextricably linked to the Fit for 55 package put forward on 14 July 2021; |
| --- | --- |

A.

whereas the Commission’s 22 December 2021 proposals to establish the next generation of own resources for the Union budget and to revise the multiannual financial framework (‘the MFF’) for the period 2021-2027 are inextricably linked to the Fit for 55 package put forward on 14 July 2021;

| B. | whereas, pursuant to Article 311 TFEU, the Union must provide itself with the means to attain its objectives and carry through its policies; |
| --- | --- |

B.

whereas, pursuant to Article 311 TFEU, the Union must provide itself with the means to attain its objectives and carry through its policies;

| C. | whereas, in line with Parliament’s long-standing position, new policy commitments and objectives need to be matched with fresh money, and are not to be financed at the expense of other Union programmes and priorities; |
| --- | --- |

C.

whereas, in line with Parliament’s long-standing position, new policy commitments and objectives need to be matched with fresh money, and are not to be financed at the expense of other Union programmes and priorities;

| D. | whereas incorporating the Social Climate Fund fully into the Union budget is a Treaty requirement by way of Article 310(1) TFEU and a prerequisite to, inter alia, respect the Community method, guarantee parliamentary accountability, oversight and control, ensure predictability of funding and multiannual programming, and safeguard the transparency of the budgetary decisions taken at Union level; |
| --- | --- |

D.

whereas incorporating the Social Climate Fund fully into the Union budget is a Treaty requirement by way of Article 310(1) TFEU and a prerequisite to, inter alia, respect the Community method, guarantee parliamentary accountability, oversight and control, ensure predictability of funding and multiannual programming, and safeguard the transparency of the budgetary decisions taken at Union level;

| E. | whereas, in the event of an increase in the carbon price compared to the initial assumption, an additional allocation should be made available for the Social Climate Fund on an annual basis commensurately with the rate of increase of the carbon price, in order to further support vulnerable households and transport users in the transition towards climate neutrality; whereas such annual reinforcements should be accommodated within the MFF by means of an automatic carbon price fluctuation adjustment of the ceiling of heading 3 ‘Natural Resources and Environment’ and the payment ceiling; |
| --- | --- |

E.

whereas, in the event of an increase in the carbon price compared to the initial assumption, an additional allocation should be made available for the Social Climate Fund on an annual basis commensurately with the rate of increase of the carbon price, in order to further support vulnerable households and transport users in the transition towards climate neutrality; whereas such annual reinforcements should be accommodated within the MFF by means of an automatic carbon price fluctuation adjustment of the ceiling of heading 3 ‘Natural Resources and Environment’ and the payment ceiling;

| F. | whereas, pursuant to Article 312(5) TFEU, and as further defined in the IIA, the European Parliament, the Council and the Commission are required to take any measure necessary to facilitate the adoption of a new or revised MFF; |
| --- | --- |

F.

whereas, pursuant to Article 312(5) TFEU, and as further defined in the IIA, the European Parliament, the Council and the Commission are required to take any measure necessary to facilitate the adoption of a new or revised MFF;

| 1. | Expresses its position solely on the Commission’s proposal of 22 December 2021 for a revision of the 2021-2027 MFF, thereby opting for a targeted approach limited to, and in full alignment, with its position on the Fit for 55 package; |
| --- | --- |

1.

| 2. | States, however, that a broader revision of the current MFF is needed as it was already pushed to its limits in its first year; points to the multiple crises and challenges that the Union has been addressing, in particular the war in Ukraine and its repercussions, and the substantial financing needs it has generated; calls, therefore, on the Commission to conduct an in-depth review of the functioning of the current MFF and proceed with a legislative proposal for a comprehensive MFF revision as soon as possible and no later than the first quarter of 2023; intends to further detail its requests for that revision in a dedicated report; |
| --- | --- |

2.

| 3. | Fully supports the incorporation of the Social Climate Fund in the Union budget and the MFF as part of its long-standing position that all Union programmes and funds are to be included in the budget; welcomes, therefore, the Commission proposal as a starting point as regards the increase of the ceiling for commitment appropriations of heading 3 ‘Natural Resources and Environment’ and the ceiling for payment appropriations, which is a necessary pre-condition so that the financing of the Social Climate Fund is not detrimental to other Union programmes and priorities; |
| --- | --- |

3.

| 4. | Underlines, however, that some modifications are necessary to reflect Parliament’s position on the Fit for 55 package, including on the revised financial envelope of the Social Climate Fund, which reflects the relevant provisions in Directive 2003/87/EC of the European Parliament and of the Council (2) as amended; |
| --- | --- |

4.

| 5. | Supports the proposal for a specific annual adjustment based on new own resources; considers it to be in line with the principle, as set out in the IIA, that expenditure from the Union budget related to the repayment of the European Union Recovery Instrument should not lead to an undue reduction in programme expenditure or investment instruments under the MFF, while adhering to the budgetary principle of universality of revenue; reaffirms, therefore, that such an annual adjustment depends on the introduction of new own resources in line with the roadmap set out in the IIA; |
| --- | --- |

5.

| 6. | Asks the Council and the Commission to take into account the following recommendations and modifications:






  (i) | the impact of the revised financial envelope of the Social Climate Fund should be reflected throughout this regulation, including in its annex; |
| --- | --- | --- |

6.

(i)

the impact of the revised financial envelope of the Social Climate Fund should be reflected throughout this regulation, including in its annex;

| (ii) | an automatic technical adjustment of the ceilings for commitment appropriations of heading 3 ‘Natural Resources and Environment’ and the ceiling for payment appropriations should be introduced to ensure that additional allocations are made available for the Social Climate Fund in the event of an increase of carbon price to a level higher than the initial assumption; |
| --- | --- |

(ii)

an automatic technical adjustment of the ceilings for commitment appropriations of heading 3 ‘Natural Resources and Environment’ and the ceiling for payment appropriations should be introduced to ensure that additional allocations are made available for the Social Climate Fund in the event of an increase of carbon price to a level higher than the initial assumption;

| (iii) | the specific annual adjustment based on new own resources should be amended to ensure it can be prolonged in case of a delayed adoption of the following MFF, in line with article 312(4) TFEU; |
| --- | --- |

(iii)

the specific annual adjustment based on new own resources should be amended to ensure it can be prolonged in case of a delayed adoption of the following MFF, in line with article 312(4) TFEU;

| (iv) | the proposal for a Council regulation should be modified as follows: |
| --- | --- |

(iv)

the proposal for a Council regulation should be modified as follows:

Modification 1

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Modification |
| --- | --- |
| (3) | The introduction of EU emissions trading for the buildings and road transport sectors, as set out in Directive 2003/87/EC of the European Parliament and of the Council (14), may give rise to short term social impacts. To address this challenge, Regulation (EU) [XXX] final of the European Parliament and of the Council established (15) a Social Climate Fund, to be financed by the general budget of the Union under the multiannual financial framework. The ceiling for commitment appropriations of heading 3, ‘Natural Resources and Environment’, and the ceiling for payment appropriations should therefore be adapted for the years 2025, 2026 and 2027. |

Text proposed by the Commission

Modification

(3)

The introduction of EU emissions trading for the buildings and road transport sectors, as set out in Directive 2003/87/EC of the European Parliament and of the Council (14), may give rise to short term social impacts. To address this challenge, Regulation (EU) [XXX] final of the European Parliament and of the Council established (15) a Social Climate Fund, to be financed by the general budget of the Union under the multiannual financial framework. The ceiling for commitment appropriations of heading 3, ‘Natural Resources and Environment’, and the ceiling for payment appropriations should therefore be adapted for the years 2025, 2026 and 2027.

| (3) | The introduction of EU emissions trading for the buildings and road transport sectors, as set out in Directive 2003/87/EC of the European Parliament and of the Council (14), may give rise to short term social impacts. To address this challenge, Regulation (EU) [XXX] final of the European Parliament and of the Council established (15) a Social Climate Fund, to be financed by the general budget of the Union under the multiannual financial framework. The ceiling for commitment appropriations of heading 3, ‘Natural Resources and Environment’, and the ceiling for payment appropriations should therefore be adapted for the years
  2024,
  2025, 2026 and 2027.
  In the event of a higher carbon price compared to the initial assumption, an additional allocation should be made available for the Social Climate Fund on an annual basis commensurately with the rate of increase of the carbon price, in order to further support vulnerable households and users of transport in the transition towards climate neutrality. Such annual reinforcements should be accommodated within the multiannual financial framework by means of an automatic carbon price fluctuation adjustment of the ceiling for commitment appropriations of heading 3 ‘Natural Resources and Environment’, and the ceiling for payment appropriations. |
| --- | --- |

(3)

The introduction of EU emissions trading for the buildings and road transport sectors, as set out in Directive 2003/87/EC of the European Parliament and of the Council (14), may give rise to short term social impacts. To address this challenge, Regulation (EU) [XXX] final of the European Parliament and of the Council established (15) a Social Climate Fund, to be financed by the general budget of the Union under the multiannual financial framework. The ceiling for commitment appropriations of heading 3, ‘Natural Resources and Environment’, and the ceiling for payment appropriations should therefore be adapted for the years
  2024,
  2025, 2026 and 2027.
  In the event of a higher carbon price compared to the initial assumption, an additional allocation should be made available for the Social Climate Fund on an annual basis commensurately with the rate of increase of the carbon price, in order to further support vulnerable households and users of transport in the transition towards climate neutrality. Such annual reinforcements should be accommodated within the multiannual financial framework by means of an automatic carbon price fluctuation adjustment of the ceiling for commitment appropriations of heading 3 ‘Natural Resources and Environment’, and the ceiling for payment appropriations.

Modification 2

Proposal for a regulation

Recital 3 a (new)

| Text proposed by the Commission | Modification |
| --- | --- |
| | (3a) | The Commission should present a proposal for a new multiannual financial framework before 1 July 2025, to enable the institutions to adopt it sufficiently in advance of the start of the subsequent multiannual financial framework. In accordance with Article 312(4) TFEU, the ceilings and other provisions, including the adjustments to the multiannual financial framework set out in Chapter 2, corresponding to the last year of the multiannual financial framework set out in this Regulation are to continue to apply in the event that a new multiannual financial framework is not adopted before the end of the term of the multiannual financial framework laid down in this Regulation. |

Text proposed by the Commission

Modification

(3a)

The Commission should present a proposal for a new multiannual financial framework before 1 July 2025, to enable the institutions to adopt it sufficiently in advance of the start of the subsequent multiannual financial framework. In accordance with Article 312(4) TFEU, the ceilings and other provisions, including the adjustments to the multiannual financial framework set out in Chapter 2, corresponding to the last year of the multiannual financial framework set out in this Regulation are to continue to apply in the event that a new multiannual financial framework is not adopted before the end of the term of the multiannual financial framework laid down in this Regulation.

Modification 3

Proposal for a regulation

Article 1 — paragraph 1

| Text proposed by the Commission | Modification |
| --- | --- |
| (1) | in
  Article 4,
  paragraph 4 is replaced by the following
  : |

Text proposed by the Commission

Modification

(1)

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

| (1) | Article 4 is
  amended as follows: |
| --- | --- |

(1)

Article 4 is
  amended as follows:

| (a) | in paragraph 1, the following point is added: |
| --- | --- |

(a)

in paragraph 1, the following point is added:

| | ‘(f) | a calculation of the additional allocations based on the carbon price fluctuation and the result of the annual adjustment referred to in Article 4b’; |
| --- | --- | --- |

‘(f)

a calculation of the additional allocations based on the carbon price fluctuation and the result of the annual adjustment referred to in Article 4b’;

| (b) | paragraph 4 is replaced by the following: |
| --- | --- |

(b)

paragraph 4 is replaced by the following:

‘4.   Without prejudice to Articles 4a, 6 and 7, no further technical adjustments shall be made in respect of the year concerned, either during the year or as ex post corrections during subsequent years.’;

‘4.   Without prejudice to Articles 4a,
  4b
  , 6 and 7, no further technical adjustments shall be made in respect of the year concerned, either during the year or as ex post corrections during subsequent years.’;

Modification 4

Modification 4

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 2

Article 1 — paragraph 2

| Text proposed by the Commission | Modification |
| --- | --- |
| (2) | the following
  Article 4a is
  inserted: |

Text proposed by the Commission

Text proposed by the Commission

Modification

Modification

(2)

the following
  Article 4a is
  inserted:

Article 4a is

| (2) | the following
  Articles are
  inserted: |
| --- | --- |

(2)

the following
  Articles are
  inserted:

Articles are

‘Article 4a

‘Article 4a

Specific annual adjustment based on new own resources

Specific annual adjustment based on new own resources

1.   Starting in 2024, after the submission of the provisional accounts of the year n-1 in accordance with Article 245(3) of the Financial Regulation, an upward adjustment to the expenditure ceiling for commitment appropriations of sub-heading 2b and to the ceiling for payment appropriations for the current year shall be made.

1.   Starting in 2024, after the submission of the provisional accounts of the year n-1 in accordance with Article 245(3) of the Financial Regulation, an upward adjustment to the expenditure ceiling for commitment appropriations of sub-heading 2b and to the ceiling for payment appropriations for the current year shall be made.

2.   This annual adjustment shall be of the following amounts:

2.   This annual adjustment shall be of the following amounts:

| (a) | for the years 2024, 2025 and 2026, an amount equivalent to the revenue which has been entered in the provisional accounts referred to in paragraph 1 stemming from the resources set out in Article 2(1), points (e), (f) and (g), of the Own Resources Decision. |
| --- | --- |

(a)

for the years 2024, 2025 and 2026, an amount equivalent to the revenue which has been entered in the provisional accounts referred to in paragraph 1 stemming from the resources set out in Article 2(1), points (e), (f) and (g), of the Own Resources Decision.

| (a) | for the years 2024, 2025 and 2026, an amount equivalent to the revenue which has been entered in the provisional accounts referred to in paragraph 1 stemming from the resources set out in Article 2(1), points (e), (f) and (g), of the Own Resources Decision. |
| --- | --- |

(a)

for the years 2024, 2025 and 2026, an amount equivalent to the revenue which has been entered in the provisional accounts referred to in paragraph 1 stemming from the resources set out in Article 2(1), points (e), (f) and (g), of the Own Resources Decision.

| (b) | for the year 2027, an amount equivalent to the revenue which has been entered in the provisional accounts referred to in paragraph 1 stemming from the resources set out in Article 2(1), points(e), (f) and (g), of the Own Resources Decision, reduced by a fixed amount of EUR
  8 000
   million (in 2018 prices). |
| --- | --- |

(b)

for the year 2027, an amount equivalent to the revenue which has been entered in the provisional accounts referred to in paragraph 1 stemming from the resources set out in Article 2(1), points(e), (f) and (g), of the Own Resources Decision, reduced by a fixed amount of EUR
  8 000
   million (in 2018 prices).

8 000

| (b) | for the year 2027, an amount equivalent to the revenue which has been entered in the provisional accounts referred to in paragraph 1 stemming from the resources set out in Article 2(1), points(e), (f) and (g), of the Own Resources Decision, reduced by a fixed amount of EUR
  2 800
   million (in 2018 prices). |
| --- | --- |

(b)

for the year 2027, an amount equivalent to the revenue which has been entered in the provisional accounts referred to in paragraph 1 stemming from the resources set out in Article 2(1), points(e), (f) and (g), of the Own Resources Decision, reduced by a fixed amount of EUR
  2 800
   million (in 2018 prices).

2 800

The annual adjustments referred to in the first subparagraph shall not exceed EUR 15 000  million (in 2018 prices) per year for the years 2024 to 2027.

The annual adjustments referred to in the first subparagraph shall not exceed EUR 15 000  million (in 2018 prices) per year for the years 2024 to 2027.

3.   The Commission shall communicate the results of the annual adjustments referred to in paragraph 2 to the European Parliament and to the Council within 15 days of submission of the provisional accounts for year n-1 in accordance with Article 245(3) of the Financial Regulation.;’

3.   The Commission shall communicate the results of the annual adjustments referred to in paragraph 2 to the European Parliament and to the Council within 15 days of submission of the provisional accounts for year n-1 in accordance with Article 245(3) of the Financial Regulation.’;

Article 4b

Article 4b

Specific annual adjustment based on carbon price fluctuation

Specific annual adjustment based on carbon price fluctuation

1.
     
  Starting in 2025, an annual upward adjustment to the expenditure ceiling for the commitment appropriations of heading 3 “Natural Resources and Environment” and to the ceiling for payment appropriations for the current year shall be made in the event that the average carbon price calculated in year n-1 is higher than the initial assumption.

2.
     
  The annual upward adjustment referred to in paragraph 1 of this Article shall be equivalent to the amount calculated by multiplying the annual allocation deriving from the financial envelope set out in Article 9 of Regulation (EU) [XXX] of the European Parliament and of the Council establishing a Social Climate Fund by the percentage by which the average carbon price calculated in year n-1 exceeded the initial assumption.’;

Modification 5

Modification 5

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3

Article 1 — paragraph 3

| Text proposed by the Commission | Modification |
| --- | --- |
| (3) | in Article 11(3), the second subparagraph is replaced by the following: |

Text proposed by the Commission

Text proposed by the Commission

Modification

Modification

(3)

in Article 11(3), the second subparagraph is replaced by the following:

| (3) | in Article 11(3), the second subparagraph is replaced by the following: |
| --- | --- |

(3)

in Article 11(3), the second subparagraph is replaced by the following:

‘Amounts corresponding to the upward adjustments referred to in Article 4a(1) and in the second subparagraph of Article 5(2) shall be in addition to the maximum amounts referred to in the first subparagraph of this paragraph.’;

‘Amounts corresponding to the upward adjustments referred to in Article 4a(1)
  , Article 4b
  and in the second subparagraph of Article 5(2) shall be in addition to the maximum amounts referred to in the first subparagraph of this paragraph.’;

Modification 6

Modification 6

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 4

Article 1 — paragraph 4

| Text proposed by the Commission | Modification |
| --- | --- |
| (4) | Annex I is replaced by the
  text in the Annex to this Regulation
  . |

Text proposed by the Commission

Text proposed by the Commission

Modification

Modification

(4)

Annex I is replaced by the
  text in the Annex to this Regulation
  .

text in the Annex to this Regulation

| (4) | Annex I is replaced by the
  following: |
| --- | --- |

(4)

Annex I is replaced by the
  following:

following:

‘ANNEX I

MULTIANNUAL FINANCIAL FRAMEWORK (EU-27)

| (EUR million — 2018 prices) |
| --- |
| COMMITMENT APPROPRIATIONS | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 | Total 2021-2027 |
| 1. | Single Market, Innovation and Digital |

(EUR million — 2018 prices)

COMMITMENT APPROPRIATIONS

2021

2022

2023

2024

2025

2026

2027

Total 2021-2027

1.

19 712

19 133

18 633

18 518

18 646

18 473

133 326

| 2. | Cohesion, Resilience and Values |
| --- | --- |

2.

49 741

51 920

52 194

53 954

55 182

56 787

58 809

378 587

| 2a. | Economic, social and territorial cohesion |
| --- | --- |

2a.

Economic, social and territorial cohesion

45 411

45 951

46 493

47 130

47 770

48 414

49 066

330 235

| 2b. | Resilience and Values |
| --- | --- |

2b.

Resilience and Values

4 330

5 969

5 701

6 824

7 412

8 373

9 743

48 352

| 3. | Natural Resources and Environment |
| --- | --- |

3.

55 242

52 214

51 489

[50 617 ]

[51 895 ]

[58 064 ]

[56 947 ]

[376 468 ]

Of which: Market related expenditure and direct payments

38 040

37 544

37 604

36 983

36 373

35 772

35 183

257 499

| 4. | Migration and Border Management |
| --- | --- |

4.

2 324

2 947

3 164

3 282

3 672

3 682

3 736

22 807

| 5. | Security and Defence |
| --- | --- |

5.

1 700

1 725

1 737

1 754

1 928

2 078

2 263

13 185

| 6. | Neighbourhood and the World |
| --- | --- |

6.

15 309

15 522

14 789

14 056

13 323

12 592

12 828

98 419

| 7. | European Public Administration |
| --- | --- |

7.

10 021

10 215

10 342

10 454

10 554

10 673

10 843

73 102

Of which: Administrative expenditure of the institutions

7 742

7 878

7 945

7 997

8 025

8 077

8 188

55 852

TOTAL COMMITMENT APPROPRIATIONS

154 049

154 754

152 848

[152 750 ]

[155 072 ]

[162 522 ]

[163 899 ]

[1 095 894 ]

TOTAL PAYMENT APPROPRIATIONS

156 557

156 322

149 936

[149 936 ]

[152 112 ]

[159 068 ]

[158 722 ]

[1 082 652 ]’.

| 7. | Stands ready to enter into negotiations to improve the Commission proposal; |
| --- | --- |

7.

Stands ready to enter into negotiations to improve the Commission proposal;

o

o o

| 8. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

8.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ L 433 I, 22.12.2020, p. 28.

1

(2)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

2

(14)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

14

(15)  OJ [...], [...], p. [...].

15

(14)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

14

(15)  OJ [...], [...], p. [...].

15

---

| 5.4.2023 | EN | Official Journal of the European Union | C 125/180 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/180

---

P9_TA(2022)0311

Deforestation Regulation ***I

Amendments adopted by the European Parliament on 13 September 2022 on the proposal for a regulation of the European Parliament and of the Council on making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 (COM(2021)0706 — C9-0430/2021 — 2021/0366(COD)) (1)

(Ordinary legislative procedure: first reading)

(2023/C 125/21)

Amendment 1

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | Forests provide a broad variety of environmental, economic and social benefits, including timber and non-wood forest products and environmental services essential for humankind, as they harbour most of the Earth’s terrestrial biodiversity. They maintain ecosystem functions, help protect the climate system, provide clean air and play a vital role for the purification of waters and soils as well as for water retention. In addition, forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples and local communities who heavily depend on forest ecosystems (18). Furthermore, deforestation
  and
  forest degradation reduce essential carbon sinks
  and
  increase the likelihood of new diseases spreading
  from animals to humans
  . |

Text proposed by the Commission

Amendment

(1)

Forests provide a broad variety of environmental, economic and social benefits, including timber and non-wood forest products and environmental services essential for humankind, as they harbour most of the Earth’s terrestrial biodiversity. They maintain ecosystem functions, help protect the climate system, provide clean air and play a vital role for the purification of waters and soils as well as for water retention. In addition, forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples and local communities who heavily depend on forest ecosystems (18). Furthermore, deforestation
  and
  forest degradation reduce essential carbon sinks
  and
  increase the likelihood of new diseases spreading
  from animals to humans
  .

| (1) | Forests provide a broad variety of environmental, economic and social benefits, including timber and non-wood forest products and environmental services essential for humankind, as they harbour most of the Earth’s terrestrial biodiversity. They maintain ecosystem functions, help protect the climate system, provide clean air and play a vital role for the purification of waters and soils as well as for water retention
  and recharge, while more than a quarter of modern medicines are derived from tropical forest plants. Large forest areas act as a moisture source and help prevent desertification of continental regions
  . In addition, forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples and local communities who heavily depend on forest ecosystems (18). Furthermore, deforestation, forest degradation
  and forest conversion
  reduce essential carbon sinks
  . Deforestation, forest degradation and forest conversion also
  increase
  contacts between wild animals, farmed animals and humans, thereby increasing
  the likelihood of new diseases spreading
  and the risks of new epidemics and pandemics
  . |
| --- | --- |

(1)

Forests provide a broad variety of environmental, economic and social benefits, including timber and non-wood forest products and environmental services essential for humankind, as they harbour most of the Earth’s terrestrial biodiversity. They maintain ecosystem functions, help protect the climate system, provide clean air and play a vital role for the purification of waters and soils as well as for water retention
  and recharge, while more than a quarter of modern medicines are derived from tropical forest plants. Large forest areas act as a moisture source and help prevent desertification of continental regions
  . In addition, forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples and local communities who heavily depend on forest ecosystems (18). Furthermore, deforestation, forest degradation
  and forest conversion
  reduce essential carbon sinks
  . Deforestation, forest degradation and forest conversion also
  increase
  contacts between wild animals, farmed animals and humans, thereby increasing
  the likelihood of new diseases spreading
  and the risks of new epidemics and pandemics
  .

Amendment 2

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | Deforestation
  and
  forest degradation are taking place at an alarming rate. The Food and Agriculture Organization of the United Nations estimates that 420 million hectares of forest — about 10 % of the world’s remaining forests and an area larger than the European Union — have been lost worldwide between 1990 and 2020 (19). Deforestation
  and
  forest degradation are, in turn, important drivers of global warming and biodiversity loss — the two most important environmental challenges of our time. Yet every year the world continues to lose 10 million hectares of forest. |

Text proposed by the Commission

Amendment

(2)

Deforestation
  and
  forest degradation are taking place at an alarming rate. The Food and Agriculture Organization of the United Nations estimates that 420 million hectares of forest — about 10 % of the world’s remaining forests and an area larger than the European Union — have been lost worldwide between 1990 and 2020 (19). Deforestation
  and
  forest degradation are, in turn, important drivers of global warming and biodiversity loss — the two most important environmental challenges of our time. Yet every year the world continues to lose 10 million hectares of forest.

| (2) | Deforestation, forest degradation
  and forest conversion
  are taking place at an alarming rate. The Food and Agriculture Organization of the United Nations estimates that 420 million hectares of forest — about 10 % of the world’s remaining forests and an area larger than the European Union — have been lost worldwide between 1990 and 2020 (19). Deforestation, forest degradation
  and forest conversion
  are, in turn, important drivers of global warming and biodiversity loss — the two most important environmental challenges of our time. Yet every year the world continues to lose 10 million hectares of forest.
  Forests are also heavily impacted by climate change, and many challenges will need to be addressed to ensure the adaptability and resilience of forests in the coming decades. |
| --- | --- |

(2)

Deforestation, forest degradation
  and forest conversion
  are taking place at an alarming rate. The Food and Agriculture Organization of the United Nations estimates that 420 million hectares of forest — about 10 % of the world’s remaining forests and an area larger than the European Union — have been lost worldwide between 1990 and 2020 (19). Deforestation, forest degradation
  and forest conversion
  are, in turn, important drivers of global warming and biodiversity loss — the two most important environmental challenges of our time. Yet every year the world continues to lose 10 million hectares of forest.
  Forests are also heavily impacted by climate change, and many challenges will need to be addressed to ensure the adaptability and resilience of forests in the coming decades.

Amendment 3

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | Deforestation
  and
  forest degradation contribute to the global climate crisis in multiple ways. Most importantly, they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity. Deforestation alone accounts for 11 % of greenhouse gas emissions (20). |

Text proposed by the Commission

Amendment

(3)

Deforestation
  and
  forest degradation contribute to the global climate crisis in multiple ways. Most importantly, they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity. Deforestation alone accounts for 11 % of greenhouse gas emissions (20).

| (3) | Deforestation, forest degradation
  and forest conversion
  contribute to the global climate crisis in multiple ways. Most importantly, they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity
  and resilience to diseases and pests
  . Deforestation alone accounts for 11 % of greenhouse gas emissions (20). |
| --- | --- |

(3)

Deforestation, forest degradation
  and forest conversion
  contribute to the global climate crisis in multiple ways. Most importantly, they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity
  and resilience to diseases and pests
  . Deforestation alone accounts for 11 % of greenhouse gas emissions (20).

Amendment 4

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity
  helps mitigate
  climate
  change
  . Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation
  and
  forest degradation and systemically restoring forests and other ecosystems
  is
  the single largest nature-based opportunity for climate mitigation. |

Text proposed by the Commission

Amendment

(4)

Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity
  helps mitigate
  climate
  change
  . Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation
  and
  forest degradation and systemically restoring forests and other ecosystems
  is
  the single largest nature-based opportunity for climate mitigation.

| (4) | Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity
  and ecosystems are fundamental to
  climate
  resilient development

   (1a). Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation, forest degradation
  and forest conversion
  and systemically restoring forests and other ecosystems the single largest nature-based opportunity for climate mitigation. |
| --- | --- |

(4)

Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity
  and ecosystems are fundamental to
  climate
  resilient development

   (1a). Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation, forest degradation
  and forest conversion
  and systemically restoring forests and other ecosystems the single largest nature-based opportunity for climate mitigation.

Amendment 5

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | Biodiversity is essential for the resilience of ecosystems and their services both on local and global level. Over half of the global gross domestic product depends on nature and the services it provides. Three major economic sectors — construction, agriculture, food and drink — all highly depend on nature. Biodiversity loss threatens sustainable water cycles and our food systems, putting our food security and nutrition at risk. More than 75 % of global food crop types rely on animal pollination. Further, several industrial sectors rely on genetic diversity and ecosystem services as critical inputs for production, notably for medicines. |

Text proposed by the Commission

Amendment

(5)

Biodiversity is essential for the resilience of ecosystems and their services both on local and global level. Over half of the global gross domestic product depends on nature and the services it provides. Three major economic sectors — construction, agriculture, food and drink — all highly depend on nature. Biodiversity loss threatens sustainable water cycles and our food systems, putting our food security and nutrition at risk. More than 75 % of global food crop types rely on animal pollination. Further, several industrial sectors rely on genetic diversity and ecosystem services as critical inputs for production, notably for medicines.

| (5) | Biodiversity is essential for the resilience of ecosystems and their services both on local and global level. Over half of the global gross domestic product depends on nature and the services it provides. Three major economic sectors — construction, agriculture, food and drink — all highly depend on nature. Biodiversity loss threatens sustainable water cycles and our food systems, putting our food security and nutrition at risk. More than 75 % of global food crop types rely on animal pollination. Further, several industrial sectors rely on genetic diversity, and ecosystem services
  present in complex, naturally regenerating forests with sustained complex symbiotic relationships,
  as critical inputs for production, notably for medicines
  , including antimicrobials
  .
  Furthermore, transpiration, the process by which trees take water from the ground and release it into the atmosphere from their leaves, is a major source of water to the atmosphere, and is estimated to be responsible for around half of all precipitation. Deforestation therefore heavily influences the rainfall regime and the natural regulation of water flows, both within forests but also in surrounding areas. The impact of deforestation on the Earth’s water recycling system risks to be as devastating as its impact for climate change. |
| --- | --- |

(5)

Biodiversity is essential for the resilience of ecosystems and their services both on local and global level. Over half of the global gross domestic product depends on nature and the services it provides. Three major economic sectors — construction, agriculture, food and drink — all highly depend on nature. Biodiversity loss threatens sustainable water cycles and our food systems, putting our food security and nutrition at risk. More than 75 % of global food crop types rely on animal pollination. Further, several industrial sectors rely on genetic diversity, and ecosystem services
  present in complex, naturally regenerating forests with sustained complex symbiotic relationships,
  as critical inputs for production, notably for medicines
  , including antimicrobials
  .
  Furthermore, transpiration, the process by which trees take water from the ground and release it into the atmosphere from their leaves, is a major source of water to the atmosphere, and is estimated to be responsible for around half of all precipitation. Deforestation therefore heavily influences the rainfall regime and the natural regulation of water flows, both within forests but also in surrounding areas. The impact of deforestation on the Earth’s water recycling system risks to be as devastating as its impact for climate change.

Amendment 6

Proposal for a regulation

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | Climate change, biodiversity loss and deforestation are concerns of the highest global importance, affecting the survival of humanity and sustained living conditions on Earth. The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects on nature, human living conditions and local economies, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. |

Text proposed by the Commission

Amendment

(6)

Climate change, biodiversity loss and deforestation are concerns of the highest global importance, affecting the survival of humanity and sustained living conditions on Earth. The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects on nature, human living conditions and local economies, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity.

| (6) | Climate change, biodiversity loss and deforestation are concerns of the highest global importance, affecting the survival of humanity and sustained living conditions on Earth. The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects on nature, human living conditions and local economies, have led to the recognition of the green transition as the defining objective of our time and a matter of
  gender equality and of
  intergenerational equity. |
| --- | --- |

(6)

Climate change, biodiversity loss and deforestation are concerns of the highest global importance, affecting the survival of humanity and sustained living conditions on Earth. The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects on nature, human living conditions and local economies, have led to the recognition of the green transition as the defining objective of our time and a matter of
  gender equality and of
  intergenerational equity.

Amendment 7

Proposal for a regulation

Recital 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (6a) | Of the 227 lethal attacks against environmental and land defenders recorded in 2020, 70 % of those murdered were working to defend the world's forests from deforestation and industrial development. Those attacks disproportionately target indigenous peoples, who were the target of one third of the murders recorded in 2020. |

Text proposed by the Commission

Amendment

(6a)

Of the 227 lethal attacks against environmental and land defenders recorded in 2020, 70 % of those murdered were working to defend the world's forests from deforestation and industrial development. Those attacks disproportionately target indigenous peoples, who were the target of one third of the murders recorded in 2020.

Amendment 8

Proposal for a regulation

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | Union consumption is a considerable driver of deforestation and forest degradation on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of
  the
  six commodities
  included in the scope
  (wood, cattle, soy, palm oil, cocoa and coffee) will rise to approximately 248,000 hectares of deforestation annually by 2030. |

Text proposed by the Commission

Amendment

(7)

Union consumption is a considerable driver of deforestation and forest degradation on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of
  the
  six commodities
  included in the scope
  (wood, cattle, soy, palm oil, cocoa and coffee) will rise to approximately 248,000 hectares of deforestation annually by 2030.

| (7) | Union consumption is a considerable driver of deforestation
  , natural ecosystem conversion and natural ecosystem
  and forest degradation
  and forest conversion
  on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of
  only
  six commodities (wood, cattle, soy, palm oil, cocoa and coffee) will rise to approximately 248,000 hectares of deforestation annually by 2030. |
| --- | --- |

(7)

Union consumption is a considerable driver of deforestation
  , natural ecosystem conversion and natural ecosystem
  and forest degradation
  and forest conversion
  on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of
  only
  six commodities (wood, cattle, soy, palm oil, cocoa and coffee) will rise to approximately 248,000 hectares of deforestation annually by 2030.

Amendment 9

Proposal for a regulation

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | As regards the situation of forests within the EU, the State of Europe’s Forests 2020 report (21) states that, between 1990 and 2020, the area of forests in Europe has increased by 9 %, carbon stored in the biomass has grown by 50 % and wood supply has risen by 40 %.
  However
  , less than 5 % of European forest areas are considered undisturbed, or natural,
  according to the European Environment Agency’s State of the Environment 2020 report

   (22) . |

Text proposed by the Commission

Amendment

(8)

As regards the situation of forests within the EU, the State of Europe’s Forests 2020 report (21) states that, between 1990 and 2020, the area of forests in Europe has increased by 9 %, carbon stored in the biomass has grown by 50 % and wood supply has risen by 40 %.
  However
  , less than 5 % of European forest areas are considered undisturbed, or natural,
  according to the European Environment Agency’s State of the Environment 2020 report

   (22) .

| (8) | As regards the situation of forests within the EU the State of Europe’s Forests 2020 report (21) states that, between 1990 and 2020, the area of forests in Europe has increased by 9 %, carbon stored in the biomass has grown by 50 % and wood supply has risen by 40 %.
  Nevertheless natural and old-growth forests are also subject to management intensification and their unique biodiversity and structural features are in danger. Furthermore
  , less than 5 % of European forest areas are
  now
  considered undisturbed, or natural,
  and climate change leads to threats ranging from extreme weather patterns to bug diseases. Forest ecosystems have to cope with multiple pressures generated from human-related activities
  .
  Those include activities that directly affect ecosystems and habitats such as certain forest management practices. In particular, intensively managed even-aged forests may have a severe impact on whole habitats through clear-cutting and deadwood removal

   (22). |
| --- | --- |

(8)

As regards the situation of forests within the EU the State of Europe’s Forests 2020 report (21) states that, between 1990 and 2020, the area of forests in Europe has increased by 9 %, carbon stored in the biomass has grown by 50 % and wood supply has risen by 40 %.
  Nevertheless natural and old-growth forests are also subject to management intensification and their unique biodiversity and structural features are in danger. Furthermore
  , less than 5 % of European forest areas are
  now
  considered undisturbed, or natural,
  and climate change leads to threats ranging from extreme weather patterns to bug diseases. Forest ecosystems have to cope with multiple pressures generated from human-related activities
  .
  Those include activities that directly affect ecosystems and habitats such as certain forest management practices. In particular, intensively managed even-aged forests may have a severe impact on whole habitats through clear-cutting and deadwood removal

   (22).

Amendment 10

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | In 2019, the Commission adopted several initiatives to address the global environmental crises, including specific actions on deforestation. In its Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ (23), the Commission identified as a priority the reduction of the Union consumption footprint on land and encourage the consumption of products from deforestation-free supply chains in the Union. In its Communication of 11 December 2019 entitled ‘The European Green Deal’ (24), the Commission set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050, where economic growth is decoupled from resource use and no person or place are left behind. It aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens and future generations from environment-related risks and impacts. Furthermore, the European Green Deal aims to provide citizens and future generations with, among others, fresh air, clean water, healthy soil and biodiversity. To that end, the EU Biodiversity Strategy for 2030 (25), the Farm to Fork Strategy (26), the EU Forest Strategy (27), the EU Zero pollution action plan (28) and other relevant strategies (29) developed under the European Green Deal, further highlight the importance of action on forest protection and resilience. In particular, the EU Biodiversity Strategy aims to protect nature and reverse the degradation of ecosystems. Finally, the EU Bioeconomy Strategy (30) enhances the protection of the environment and ecosystems while addressing the growing demand for food, feed, energy, materials and products by seeking new ways to produce and consume. |

Text proposed by the Commission

Amendment

(9)

In 2019, the Commission adopted several initiatives to address the global environmental crises, including specific actions on deforestation. In its Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ (23), the Commission identified as a priority the reduction of the Union consumption footprint on land and encourage the consumption of products from deforestation-free supply chains in the Union. In its Communication of 11 December 2019 entitled ‘The European Green Deal’ (24), the Commission set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050, where economic growth is decoupled from resource use and no person or place are left behind. It aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens and future generations from environment-related risks and impacts. Furthermore, the European Green Deal aims to provide citizens and future generations with, among others, fresh air, clean water, healthy soil and biodiversity. To that end, the EU Biodiversity Strategy for 2030 (25), the Farm to Fork Strategy (26), the EU Forest Strategy (27), the EU Zero pollution action plan (28) and other relevant strategies (29) developed under the European Green Deal, further highlight the importance of action on forest protection and resilience. In particular, the EU Biodiversity Strategy aims to protect nature and reverse the degradation of ecosystems. Finally, the EU Bioeconomy Strategy (30) enhances the protection of the environment and ecosystems while addressing the growing demand for food, feed, energy, materials and products by seeking new ways to produce and consume.

| (9) | In 2019, the Commission adopted several initiatives to address the global environmental crises, including specific actions on deforestation. In its Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ (23), the Commission identified as a priority the reduction of the Union consumption footprint on land and encourage the consumption of products from deforestation-free supply chains in the Union. In its Communication of 11 December 2019 entitled ‘The European Green Deal’ (24), the Commission set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy
  built on sustainable and rule-based free trade
  , where there are no net emissions of greenhouse gases in 2050, where economic growth is decoupled from resource use and no person or place are left behind. It aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens and future generations from environment-related risks and impacts. Furthermore, the European Green Deal aims to provide citizens and future generations with, among others, fresh air, clean water, healthy soil and biodiversity. To that end, the EU Biodiversity Strategy for 2030 (25), the Farm to Fork Strategy (26), the EU Forest Strategy (27), the EU Zero pollution action plan (28) and other relevant strategies (29) developed under the European Green Deal, further highlight the importance of action on forest protection and resilience. In particular, the EU Biodiversity Strategy aims to protect nature and reverse the degradation of ecosystems. Finally, the EU Bioeconomy Strategy (30) enhances the protection of the environment and ecosystems while addressing the growing demand for food, feed, energy, materials and products by seeking new ways to produce and consume. |
| --- | --- |

(9)

In 2019, the Commission adopted several initiatives to address the global environmental crises, including specific actions on deforestation. In its Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ (23), the Commission identified as a priority the reduction of the Union consumption footprint on land and encourage the consumption of products from deforestation-free supply chains in the Union. In its Communication of 11 December 2019 entitled ‘The European Green Deal’ (24), the Commission set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy
  built on sustainable and rule-based free trade
  , where there are no net emissions of greenhouse gases in 2050, where economic growth is decoupled from resource use and no person or place are left behind. It aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens and future generations from environment-related risks and impacts. Furthermore, the European Green Deal aims to provide citizens and future generations with, among others, fresh air, clean water, healthy soil and biodiversity. To that end, the EU Biodiversity Strategy for 2030 (25), the Farm to Fork Strategy (26), the EU Forest Strategy (27), the EU Zero pollution action plan (28) and other relevant strategies (29) developed under the European Green Deal, further highlight the importance of action on forest protection and resilience. In particular, the EU Biodiversity Strategy aims to protect nature and reverse the degradation of ecosystems. Finally, the EU Bioeconomy Strategy (30) enhances the protection of the environment and ecosystems while addressing the growing demand for food, feed, energy, materials and products by seeking new ways to produce and consume.

Amendment 11

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | Member States have repeatedly expressed their concern about persistent deforestation. They emphasised that since current policies and action at global level on conservation, restoration and sustainable management of forests do not suffice to halt deforestation
  and
  forest degradation, enhanced Union action is needed in order to contribute more effectively to the achievement of the Sustainable Development Goals (SDGs), under the 2030 Agenda for Sustainable Development, which was adopted by all United Nations Member States in 2015. The Council specifically supported the Commission announcement in the Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ that it would assess additional regulatory and non-regulatory measures and that it would present respective proposals (31). |

Text proposed by the Commission

Amendment

(10)

Member States have repeatedly expressed their concern about persistent deforestation. They emphasised that since current policies and action at global level on conservation, restoration and sustainable management of forests do not suffice to halt deforestation
  and
  forest degradation, enhanced Union action is needed in order to contribute more effectively to the achievement of the Sustainable Development Goals (SDGs), under the 2030 Agenda for Sustainable Development, which was adopted by all United Nations Member States in 2015. The Council specifically supported the Commission announcement in the Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ that it would assess additional regulatory and non-regulatory measures and that it would present respective proposals (31).

| (10) | Member States have repeatedly expressed their concern about persistent deforestation. They emphasised that since current policies and action at global level on conservation, restoration and sustainable management of forests do not suffice to halt deforestation, forest degradation
  , forest conversion and biodiversity loss
  , enhanced Union action is needed in order to contribute more effectively to the achievement of the Sustainable Development Goals (SDGs), under the 2030 Agenda for Sustainable Development, which was adopted by all United Nations Member States in 2015
  . The Commission and Member States have also committed to the UN Decade of Action for the SDGs, the UN Decade on Ecosystem Restoration and the UN Decade of Family Farming
  . The Council specifically supported the Commission announcement in the Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ that it would assess additional regulatory and non-regulatory measures and that it would present respective proposals (31). |
| --- | --- |

(10)

Member States have repeatedly expressed their concern about persistent deforestation. They emphasised that since current policies and action at global level on conservation, restoration and sustainable management of forests do not suffice to halt deforestation, forest degradation
  , forest conversion and biodiversity loss
  , enhanced Union action is needed in order to contribute more effectively to the achievement of the Sustainable Development Goals (SDGs), under the 2030 Agenda for Sustainable Development, which was adopted by all United Nations Member States in 2015
  . The Commission and Member States have also committed to the UN Decade of Action for the SDGs, the UN Decade on Ecosystem Restoration and the UN Decade of Family Farming
  . The Council specifically supported the Commission announcement in the Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ that it would assess additional regulatory and non-regulatory measures and that it would present respective proposals (31).

Amendment 12

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | The European Parliament highlighted that ongoing destruction of the world’s forests
  is
  linked, to a large extent, to the expansion of agricultural production — in particular by converting forests to agricultural land dedicated to producing a number of high-demand products and commodities. The Parliament adopted on 22 October 2020 a resolution (32) in accordance with Article 225 of the Treaty on the Functioning of the European Union (TFEU) requesting the Commission to submit, on the basis of Article 192(1) TFEU, a proposal for an ‘EU legal framework to halt and reverse EU-driven global deforestation’. |

Text proposed by the Commission

Amendment

(11)

The European Parliament highlighted that ongoing destruction of the world’s forests
  is
  linked, to a large extent, to the expansion of agricultural production — in particular by converting forests to agricultural land dedicated to producing a number of high-demand products and commodities. The Parliament adopted on 22 October 2020 a resolution (32) in accordance with Article 225 of the Treaty on the Functioning of the European Union (TFEU) requesting the Commission to submit, on the basis of Article 192(1) TFEU, a proposal for an ‘EU legal framework to halt and reverse EU-driven global deforestation’.

| (11) | The European Parliament highlighted that ongoing destruction
  and degradation and conversion
  of the world’s forests
  and natural ecosystems, as well as human rights violations, are
  linked, to a large extent, to the expansion of agricultural production — in particular by converting forests to agricultural land dedicated to producing a number of high-demand products and commodities. The Parliament adopted on 22 October 2020 a resolution (32) in accordance with Article 225 of the Treaty on the Functioning of the European Union (TFEU) requesting the Commission to submit, on the basis of Article 192(1) TFEU, a proposal for an ‘EU legal framework to halt and reverse EU-driven global deforestation’
  based on mandatory due diligence
  . |
| --- | --- |

(11)

The European Parliament highlighted that ongoing destruction
  and degradation and conversion
  of the world’s forests
  and natural ecosystems, as well as human rights violations, are
  linked, to a large extent, to the expansion of agricultural production — in particular by converting forests to agricultural land dedicated to producing a number of high-demand products and commodities. The Parliament adopted on 22 October 2020 a resolution (32) in accordance with Article 225 of the Treaty on the Functioning of the European Union (TFEU) requesting the Commission to submit, on the basis of Article 192(1) TFEU, a proposal for an ‘EU legal framework to halt and reverse EU-driven global deforestation’
  based on mandatory due diligence
  .

Amendment 13

Proposal for a regulation

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | Combatting deforestation and forest degradation constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the Union's commitment under the European Green Deal as well as with the 2015 Paris Agreement on Climate Change (33), and with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050 and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030. |

Text proposed by the Commission

Amendment

(12)

Combatting deforestation and forest degradation constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the Union's commitment under the European Green Deal as well as with the 2015 Paris Agreement on Climate Change (33), and with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050 and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030.

| (12) | Combatting deforestation
  , natural ecosystem conversion, natural ecosystem
  and forest degradation
  and forest conversion
  constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the Union's commitment under the European Green Deal as well as with the 2015 Paris Agreement on Climate Change (33), and
  the Eighth Environment Action Programme adopted by Decision (EU) 2022/591 of the European Parliament and of the Council

   (33a)

  , and
  with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050
  at the latest
  and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030. |
| --- | --- |

(12)

Combatting deforestation
  , natural ecosystem conversion, natural ecosystem
  and forest degradation
  and forest conversion
  constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the Union's commitment under the European Green Deal as well as with the 2015 Paris Agreement on Climate Change (33), and
  the Eighth Environment Action Programme adopted by Decision (EU) 2022/591 of the European Parliament and of the Council

   (33a)

  , and
  with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050
  at the latest
  and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030.

Amendment 14

Proposal for a regulation

Recital 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12a) | Combating deforestation, forest degradation and forest conversion constitutes also an important part of the package of measures needed to combat biodiversity loss and to comply with the Union’s commitments under the UN's Convention on Biological Diversity, the European Green Deal, the EU Biodiversity Strategy for 2030 and the EU nature restoration targets. |

Text proposed by the Commission

Amendment

(12a)

Combating deforestation, forest degradation and forest conversion constitutes also an important part of the package of measures needed to combat biodiversity loss and to comply with the Union’s commitments under the UN's Convention on Biological Diversity, the European Green Deal, the EU Biodiversity Strategy for 2030 and the EU nature restoration targets.

Amendment 15

Proposal for a regulation

Recital 12 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12b) | Primary forests are unique and irreplaceable. Plantation forests and planted forests are less biodiverse and protect the environment less well than primary and natural forests. It is therefore appropriate to distinguish clearly between different types of forests in connection with the implementation of this Regulation. |

Text proposed by the Commission

Amendment

(12b)

Primary forests are unique and irreplaceable. Plantation forests and planted forests are less biodiverse and protect the environment less well than primary and natural forests. It is therefore appropriate to distinguish clearly between different types of forests in connection with the implementation of this Regulation.

Amendment 16

Proposal for a regulation

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | Combating deforestation, forest degradation, forest conversion and the conversion and degradation of other ecosystems also requires consumer awareness of healthier consumption patterns having a smaller environmental footprint. |

Text proposed by the Commission

Amendment

(13a)

Combating deforestation, forest degradation, forest conversion and the conversion and degradation of other ecosystems also requires consumer awareness of healthier consumption patterns having a smaller environmental footprint.

Amendment 17

Proposal for a regulation

Recital 13 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13b) | Plant proteins for feeding livestock contribute greatly to deforestation, forest degradation and forest conversion and the conversion of other ecosystems worldwide. Deforestation and the conversion of other ecosystems can be countered in particular by reducing the Union’s dependence on imported plant proteins and promoting locally and sustainably sourced plant proteins. The achievement of the objectives of this Regulation need to be accompanied by an increase in protein autonomy and the implementation of a Union strategy on plant proteins. |

Text proposed by the Commission

Amendment

(13b)

Plant proteins for feeding livestock contribute greatly to deforestation, forest degradation and forest conversion and the conversion of other ecosystems worldwide. Deforestation and the conversion of other ecosystems can be countered in particular by reducing the Union’s dependence on imported plant proteins and promoting locally and sustainably sourced plant proteins. The achievement of the objectives of this Regulation need to be accompanied by an increase in protein autonomy and the implementation of a Union strategy on plant proteins.

Amendment 18

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10 % of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union should therefore take action to minimise global deforestation
  and
  forest degradation driven by its consumption of certain commodities and products and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at influencing the global market, not only supply chains to the Union. Partnerships and efficient international cooperation with producer and consumer countries are fundamental in that respect. |

Text proposed by the Commission

Amendment

(14)

The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10 % of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union should therefore take action to minimise global deforestation
  and
  forest degradation driven by its consumption of certain commodities and products and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at influencing the global market, not only supply chains to the Union. Partnerships and efficient international cooperation with producer and consumer countries are fundamental in that respect.

| (14) | The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10 % of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union should therefore take action to minimise global deforestation, forest degradation
  and forest conversion
  driven by its consumption of certain commodities and products and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at influencing the global market, not only supply chains to the Union. Partnerships and efficient international cooperation
  , including free trade agreements (FTAs),
  with producer and consumer countries are fundamental in that respect. |
| --- | --- |

(14)

The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10 % of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union should therefore take action to minimise global deforestation, forest degradation
  and forest conversion
  driven by its consumption of certain commodities and products and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at influencing the global market, not only supply chains to the Union. Partnerships and efficient international cooperation
  , including free trade agreements (FTAs),
  with producer and consumer countries are fundamental in that respect.

Amendment 19

Proposal for a regulation

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | Halting deforestation
  and
  forest degradation is an essential part of the SDGs. This Regulation should contribute in particular to meeting the goals regarding life on land (SDG 15), climate action (SDG 13), responsible consumption and production (SDG 12), zero hunger (SDG 2) and good health and well-being (SDG 3). The relevant target 15.2 to halt deforestation by 2020 has not been met, underlining the urgency of ambitious and effective action. |

Text proposed by the Commission

Amendment

(15)

Halting deforestation
  and
  forest degradation is an essential part of the SDGs. This Regulation should contribute in particular to meeting the goals regarding life on land (SDG 15), climate action (SDG 13), responsible consumption and production (SDG 12), zero hunger (SDG 2) and good health and well-being (SDG 3). The relevant target 15.2 to halt deforestation by 2020 has not been met, underlining the urgency of ambitious and effective action.

| (15) | Halting deforestation, forest degradation
  , forest conversion and the conversion and degradation of other ecosystems
  is an essential part of the SDGs. This Regulation should contribute in particular to meeting the goals regarding life on land (SDG 15), climate action (SDG 13), responsible consumption and production (SDG 12), zero hunger (SDG 2) and good health and well-being (SDG 3). The relevant target 15.2 to halt deforestation by 2020 has not been met, underlining the urgency of ambitious and effective action. |
| --- | --- |

(15)

Halting deforestation, forest degradation
  , forest conversion and the conversion and degradation of other ecosystems
  is an essential part of the SDGs. This Regulation should contribute in particular to meeting the goals regarding life on land (SDG 15), climate action (SDG 13), responsible consumption and production (SDG 12), zero hunger (SDG 2) and good health and well-being (SDG 3). The relevant target 15.2 to halt deforestation by 2020 has not been met, underlining the urgency of ambitious and effective action.

Amendment 20

Proposal for a regulation

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | This Regulation should also respond to the 2021 Glasgow Leaders’ Declaration on Forests and Land Use (37) that recognises that ‘to meet our land use, climate, biodiversity and Sustainable Development Goals, both globally and nationally, will require transformative further action in the interconnected areas of sustainable production and consumption; infrastructure development; trade, finance and investment; and support for smallholders, Indigenous Peoples, and local communities’. The signatories
  also
  stressed
  in that Declaration
  that they will strengthen their shared efforts to facilitate trade and development policies, internationally and domestically, that promotes sustainable development and sustainable commodity production and consumption, that work to countries’ mutual benefit
  , and that do not drive deforestation and land degradation. |

Text proposed by the Commission

Amendment

(17)

This Regulation should also respond to the 2021 Glasgow Leaders’ Declaration on Forests and Land Use (37) that recognises that ‘to meet our land use, climate, biodiversity and Sustainable Development Goals, both globally and nationally, will require transformative further action in the interconnected areas of sustainable production and consumption; infrastructure development; trade, finance and investment; and support for smallholders, Indigenous Peoples, and local communities’. The signatories
  also
  stressed
  in that Declaration
  that they will strengthen their shared efforts to facilitate trade and development policies, internationally and domestically, that promotes sustainable development and sustainable commodity production and consumption, that work to countries’ mutual benefit
  , and that do not drive deforestation and land degradation.

| (17) | This Regulation should also respond to the 2021 Glasgow Leaders’ Declaration on Forests and Land Use (37) that recognises that ‘to meet our land use, climate, biodiversity and Sustainable Development Goals, both globally and nationally, will require transformative further action in the interconnected areas of sustainable production and consumption; infrastructure development; trade, finance and investment; and support for smallholders, Indigenous Peoples, and local communities’. The signatories
  committed to halt and reverse forest loss and land degradation by 2030 and
  stressed that they will strengthen their shared efforts to facilitate trade and development policies, internationally and domestically, that promotes sustainable development and sustainable commodity production and consumption, that work to countries’ mutual benefit. |
| --- | --- |

(17)

This Regulation should also respond to the 2021 Glasgow Leaders’ Declaration on Forests and Land Use (37) that recognises that ‘to meet our land use, climate, biodiversity and Sustainable Development Goals, both globally and nationally, will require transformative further action in the interconnected areas of sustainable production and consumption; infrastructure development; trade, finance and investment; and support for smallholders, Indigenous Peoples, and local communities’. The signatories
  committed to halt and reverse forest loss and land degradation by 2030 and
  stressed that they will strengthen their shared efforts to facilitate trade and development policies, internationally and domestically, that promotes sustainable development and sustainable commodity production and consumption, that work to countries’ mutual benefit.

Amendment 21

Proposal for a regulation

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | As a member of World Trade Organisation (WTO), the Union is committed to promoting a universal, rule-based, open, transparent, predictable, inclusive, non-discriminatory and equitable multilateral trading system under the WTO, as well as an open, sustainable, and assertive trade policy. The scope of this Regulation will therefore include both commodities and products produced within the Union and commodities and products imported to the Union. |

Text proposed by the Commission

Amendment

(18)

As a member of World Trade Organisation (WTO), the Union is committed to promoting a universal, rule-based, open, transparent, predictable, inclusive, non-discriminatory and equitable multilateral trading system under the WTO, as well as an open, sustainable, and assertive trade policy. The scope of this Regulation will therefore include both commodities and products produced within the Union and commodities and products imported to the Union.

| (18) | As a member of World Trade Organisation (WTO), the Union is committed to promoting a universal, rule-based, open, transparent, predictable, inclusive, non-discriminatory and equitable multilateral trading system under the WTO, as well as an open, sustainable, and assertive trade policy.
  Any measures introduced by the Union that affect trade are required to be WTO compliant. Furthermore, all measures introduced by the Union that affect trade are required to take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not unduly restrictive or disruptive to trade, while taking into account that the conservation of exhaustible natural resources is of overriding interest.
  The scope of this Regulation will therefore include both commodities and products produced within the Union and commodities and products imported to the Union
  as well as focus on commodities and products most at risk of leading to deforestation, forest degradation and forest conversion
  . |
| --- | --- |

(18)

As a member of World Trade Organisation (WTO), the Union is committed to promoting a universal, rule-based, open, transparent, predictable, inclusive, non-discriminatory and equitable multilateral trading system under the WTO, as well as an open, sustainable, and assertive trade policy.
  Any measures introduced by the Union that affect trade are required to be WTO compliant. Furthermore, all measures introduced by the Union that affect trade are required to take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not unduly restrictive or disruptive to trade, while taking into account that the conservation of exhaustible natural resources is of overriding interest.
  The scope of this Regulation will therefore include both commodities and products produced within the Union and commodities and products imported to the Union
  as well as focus on commodities and products most at risk of leading to deforestation, forest degradation and forest conversion
  .

Amendment 22

Proposal for a regulation

Recital 18 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18a) | The challenges the world is facing in climate change and biodiversity loss can only be dealt with by global action. The Union should be a strong global actor, both leading by example and taking the lead in international cooperation to create an open and fair multilateral system where sustainable trade acts as a key enabler of the green transition to both fight climate change and reverse biodiversity loss. |

Text proposed by the Commission

Amendment

(18a)

The challenges the world is facing in climate change and biodiversity loss can only be dealt with by global action. The Union should be a strong global actor, both leading by example and taking the lead in international cooperation to create an open and fair multilateral system where sustainable trade acts as a key enabler of the green transition to both fight climate change and reverse biodiversity loss.

Amendment 23

Proposal for a regulation

Recital 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| (19) | This Regulation also follows the Commission’s Communication on ‘An Open, Sustainable and Assertive Trade Policy’ (38) which stated that with new internal and external challenges and more particularly a new, more sustainable growth model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy –one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the UN Sustainable Development Goals. Trade
  policy must play its full role in the recovery from the COVID-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient Europe
  in the
  world
  . |

Text proposed by the Commission

Amendment

(19)

This Regulation also follows the Commission’s Communication on ‘An Open, Sustainable and Assertive Trade Policy’ (38) which stated that with new internal and external challenges and more particularly a new, more sustainable growth model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy –one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the UN Sustainable Development Goals. Trade
  policy must play its full role in the recovery from the COVID-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient Europe
  in the
  world
  .

| (19) | This Regulation also follows the Commission’s Communication on ‘An Open, Sustainable and Assertive Trade Policy’ (38) which stated that with new internal and external challenges and more particularly a new, more sustainable growth model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy — one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the UN Sustainable Development Goals. Trade
  and international cooperation can be important tools for consolidating higher standards of sustainability, especially with regard to sectors that are linked to forests and their derived value chains. However, the evaluation of existing free trade agreements has shown that in some cases there are weaknesses
  in the
  implementation and enforcement of existing trade agreements and that Union trade and investment policies need to be streamlined in order to address the global deforestation challenge in a more effective manner
  . |
| --- | --- |

(19)

This Regulation also follows the Commission’s Communication on ‘An Open, Sustainable and Assertive Trade Policy’ (38) which stated that with new internal and external challenges and more particularly a new, more sustainable growth model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy — one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the UN Sustainable Development Goals. Trade
  and international cooperation can be important tools for consolidating higher standards of sustainability, especially with regard to sectors that are linked to forests and their derived value chains. However, the evaluation of existing free trade agreements has shown that in some cases there are weaknesses
  in the
  implementation and enforcement of existing trade agreements and that Union trade and investment policies need to be streamlined in order to address the global deforestation challenge in a more effective manner
  .

Amendment 24

Proposal for a regulation

Recital 19 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19a) | In order to revitalise the Union`s work on free trade agreements, ensure a level-playing field for Union businesses and to fulfil the Union’s commitments under the Paris Agreement and the Convention on Biological Diversity, which call for the protection of forests, the Union’s trade policy should focus on implementing and enforcing current trade agreements as well as conducting negotiations and concluding new trade agreements which include strong, binding and enforceable provisions on sustainable development. |

Text proposed by the Commission

Amendment

(19a)

In order to revitalise the Union`s work on free trade agreements, ensure a level-playing field for Union businesses and to fulfil the Union’s commitments under the Paris Agreement and the Convention on Biological Diversity, which call for the protection of forests, the Union’s trade policy should focus on implementing and enforcing current trade agreements as well as conducting negotiations and concluding new trade agreements which include strong, binding and enforceable provisions on sustainable development.

Amendment 25

Proposal for a regulation

Recital 19 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19b) | Robust clauses on deforestation, forest degradation, forest conversion and the conversion and degradation of other ecosystems should be included in the negotiating mandates, and sustainable benchmarks for relevant raw materials should be included for the granting of new trade preferences. |

Text proposed by the Commission

Amendment

(19b)

Robust clauses on deforestation, forest degradation, forest conversion and the conversion and degradation of other ecosystems should be included in the negotiating mandates, and sustainable benchmarks for relevant raw materials should be included for the granting of new trade preferences.

Amendment 26

Proposal for a regulation

Recital 19 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19c) | Any partnership or cooperation with a trade partner should always allow for the full participation of all stakeholders, including civil society, indigenous peoples, local communities, local authorities and the private sector, including SMEs and smallholders, taking into account the autonomy of social partners. |

Text proposed by the Commission

Amendment

(19c)

Any partnership or cooperation with a trade partner should always allow for the full participation of all stakeholders, including civil society, indigenous peoples, local communities, local authorities and the private sector, including SMEs and smallholders, taking into account the autonomy of social partners.

Amendment 27

Proposal for a regulation

Recital 19 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19d) | Public procurement provisions in free trade agreements should take into account social, environmental and responsible business conduct. |

Text proposed by the Commission

Amendment

(19d)

Public procurement provisions in free trade agreements should take into account social, environmental and responsible business conduct.

Amendment 28

Proposal for a regulation

Recital 19 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19e) | This Regulation should be accompanied by strong partnership agreements based on trade and cooperation with major producer countries of the relevant commodities and products, taking into account the special interests of smallholders and local communities. |

Text proposed by the Commission

Amendment

(19e)

This Regulation should be accompanied by strong partnership agreements based on trade and cooperation with major producer countries of the relevant commodities and products, taking into account the special interests of smallholders and local communities.

Amendment 29

Proposal for a regulation

Recital 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| (20) | This Regulation should be complementary to other measures proposed in the Commission Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ (39), in particular: 1) working in partnership with producer countries, to support them in addressing root causes of deforestation, such as weak governance, ineffective law enforcement and corruption, and 2) strengthen international cooperation, with major consumer countries
  , to promote
  the adoption of similar measures to avoid products coming from supply chains associated with deforestation
  and
  forest degradation being placed on their markets. |

Text proposed by the Commission

Amendment

(20)

This Regulation should be complementary to other measures proposed in the Commission Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ (39), in particular: 1) working in partnership with producer countries, to support them in addressing root causes of deforestation, such as weak governance, ineffective law enforcement and corruption, and 2) strengthen international cooperation, with major consumer countries
  , to promote
  the adoption of similar measures to avoid products coming from supply chains associated with deforestation
  and
  forest degradation being placed on their markets.

| (20) | This Regulation should be complementary to other measures proposed in the Commission Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ (39), in particular: 1) working in partnership with producer countries, to support them in addressing root causes of deforestation, such as weak governance, ineffective law enforcement and corruption, and 2) strengthen international cooperation, with major consumer countries
  by, amongst other actions, promoting trade agreements that include forest conservation provisions and encourage trade in deforestation-free agricultural and forest-based products, and
  the adoption of similar measures to avoid products coming from supply chains associated with deforestation, forest degradation
  and forest conversion
  being placed on their markets. |
| --- | --- |

(20)

This Regulation should be complementary to other measures proposed in the Commission Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ (39), in particular: 1) working in partnership with producer countries, to support them in addressing root causes of deforestation, such as weak governance, ineffective law enforcement and corruption, and 2) strengthen international cooperation, with major consumer countries
  by, amongst other actions, promoting trade agreements that include forest conservation provisions and encourage trade in deforestation-free agricultural and forest-based products, and
  the adoption of similar measures to avoid products coming from supply chains associated with deforestation, forest degradation
  and forest conversion
  being placed on their markets.

Amendment 30

Proposal for a regulation

Recital 20 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (20a) | This Regulation should comply with the principle of policy coherence for development and therefore serve to promote and facilitate cooperation with developing countries, particularly with the least developed countries (LDCs), through provision of technical and financial assistance, as well as the exchange of information and good practices as regards the preservation, conservation, and sustainable use of forests, giving special recognition to sustainability initiatives carried out by the private sector. |

Text proposed by the Commission

Amendment

(20a)

This Regulation should comply with the principle of policy coherence for development and therefore serve to promote and facilitate cooperation with developing countries, particularly with the least developed countries (LDCs), through provision of technical and financial assistance, as well as the exchange of information and good practices as regards the preservation, conservation, and sustainable use of forests, giving special recognition to sustainability initiatives carried out by the private sector.

Amendment 31

Proposal for a regulation

Recital 20 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (20b) | Depending on the developing country concerned and its general environmental, social and economic situation, an integral approach to sustainability should be considered, taking into account the environmental dimension, as well as the social and economic dimensions, in particular when referring to LDCs. Union measures should not lead to income depletion for vulnerable populations, loss of jobs or a regression in the achievements of developing countries and should avoid incentivising illegal activities, many of which are linked to transnational organised crime, and the effects of which are even more disastrous for the environment and society. The negative impact of the COVID-19 pandemic on the progress made towards achieving the SDGs, particularly the pandemic’s disproportionate impact on the poor and vulnerable, and on employment and inequality, should also be adequately taken into account. |

Text proposed by the Commission

Amendment

(20b)

Depending on the developing country concerned and its general environmental, social and economic situation, an integral approach to sustainability should be considered, taking into account the environmental dimension, as well as the social and economic dimensions, in particular when referring to LDCs. Union measures should not lead to income depletion for vulnerable populations, loss of jobs or a regression in the achievements of developing countries and should avoid incentivising illegal activities, many of which are linked to transnational organised crime, and the effects of which are even more disastrous for the environment and society. The negative impact of the COVID-19 pandemic on the progress made towards achieving the SDGs, particularly the pandemic’s disproportionate impact on the poor and vulnerable, and on employment and inequality, should also be adequately taken into account.

Amendment 32

Proposal for a regulation

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous
  people
  , improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, climate-resilient agriculture,
  sustainable intensification and
  diversification, agro-ecology and agroforestry. In doing so it should
  acknowledge
  the role of indigenous
  people
  in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request,
  to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management,
  and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation
  and
  forest degradation. |

Text proposed by the Commission

Amendment

(21)

The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous
  people
  , improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, climate-resilient agriculture,
  sustainable intensification and
  diversification, agro-ecology and agroforestry. In doing so it should
  acknowledge
  the role of indigenous
  people
  in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request,
  to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management,
  and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation
  and
  forest degradation.

| (21) | In coordination with Member States,
  the Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies
  as well as relevant stakeholders active on the ground
  , and should be reinforcing its support and incentives with regard to protecting
  and restoring
  forests and transition to deforestation-free production, acknowledging
  and strengthening
  the role
  and rights
  of indigenous
  peoples and local communities
  , improving governance and land tenure
  , the right to free, prior and informed consent
  , increasing law enforcement and promoting
  close to nature
  sustainable forest management
  based on indicators and thresholds, ecotourism
  , climate-resilient agriculture, diversification, agro-ecology and agroforestry. In doing so it should
  fully recognise
  the role
  and rights
  of indigenous
  peoples and local communities
  in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests
  . Any rules and requirements should try to minimise the burden on smallholders in third countries and try to prevent barriers to their access to the Union market and to international trade
  . The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation, forest degradation
  and forest conversion as well as supporting forest restoration, including through the use of digital technologies and geospatial information
  . |
| --- | --- |

(21)

In coordination with Member States,
  the Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies
  as well as relevant stakeholders active on the ground
  , and should be reinforcing its support and incentives with regard to protecting
  and restoring
  forests and transition to deforestation-free production, acknowledging
  and strengthening
  the role
  and rights
  of indigenous
  peoples and local communities
  , improving governance and land tenure
  , the right to free, prior and informed consent
  , increasing law enforcement and promoting
  close to nature
  sustainable forest management
  based on indicators and thresholds, ecotourism
  , climate-resilient agriculture, diversification, agro-ecology and agroforestry. In doing so it should
  fully recognise
  the role
  and rights
  of indigenous
  peoples and local communities
  in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests
  . Any rules and requirements should try to minimise the burden on smallholders in third countries and try to prevent barriers to their access to the Union market and to international trade
  . The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation, forest degradation
  and forest conversion as well as supporting forest restoration, including through the use of digital technologies and geospatial information
  .

Amendment 33

Proposal for a regulation

Recital 21 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (21a) | This Regulation recognises the economic importance of commodity exports for third countries as well as the specific challenges that smallholders, especially women, may face. Given that the share of smallholders in the production of the commodities concerned can be very high, special attention needs to be paid to the challenges that smallholders will face with the implementation of this Regulation. It is crucial that the operators buying from smallholders provide timely financial and technical support to help smallholders meet the new Union market access requirements. To support sustainable practices, such as agro-ecology and community forest management, the Union should tackle direct and indirect drivers of deforestation, including poverty, by promoting a living income for smallholders producing goods exported to the Union and securing sufficient resources to specifically support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the Union market. At the same time, the setting up of a credible traceability system can empower smallholder farmers as it can avoid the non-payment of promised sustainability premiums, allow for electronic payments to producers by using the national traceability system, thus combating fraud and enabling local authorities to collect knowledge on the number of producer plots and control the number of farmers. |

Text proposed by the Commission

Amendment

(21a)

This Regulation recognises the economic importance of commodity exports for third countries as well as the specific challenges that smallholders, especially women, may face. Given that the share of smallholders in the production of the commodities concerned can be very high, special attention needs to be paid to the challenges that smallholders will face with the implementation of this Regulation. It is crucial that the operators buying from smallholders provide timely financial and technical support to help smallholders meet the new Union market access requirements. To support sustainable practices, such as agro-ecology and community forest management, the Union should tackle direct and indirect drivers of deforestation, including poverty, by promoting a living income for smallholders producing goods exported to the Union and securing sufficient resources to specifically support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the Union market. At the same time, the setting up of a credible traceability system can empower smallholder farmers as it can avoid the non-payment of promised sustainability premiums, allow for electronic payments to producers by using the national traceability system, thus combating fraud and enabling local authorities to collect knowledge on the number of producer plots and control the number of farmers.

Amendment 34

Proposal for a regulation

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (‘EU Observatory’) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU Observatory will cooperate closely with relevant international organisations, research institutes, and third countries. |

Text proposed by the Commission

Amendment

(22)

Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (‘EU Observatory’) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU Observatory will cooperate closely with relevant international organisations, research institutes, and third countries.

| (22) | Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (‘EU Observatory’) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products
  and other publicly or privately available sources
  , the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU Observatory
  should have stable and sufficient resources and should participate in the establishment of a rapid alert system for operators, traders, civil society and competent authorities where the forest cover analysis reveals deforestation or forest degradation activity. In order to facilitate the implementation of this Regulation, the Commission should also examine how the EU Observatory can contribute to the analysis of relevant legislation in producer countries, including tenure rights and the procedural right to give free, prior and informed consent. The EU Observatory
  will cooperate closely with relevant international organisations, research institutes,
  non-governmental organisations, operators
  and third countries.
  It will also cooperate with the competent authorities of the Member States with a view to centralising the data and the results of the controls which they carry out on the spot. |
| --- | --- |

(22)

Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (‘EU Observatory’) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products
  and other publicly or privately available sources
  , the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU Observatory
  should have stable and sufficient resources and should participate in the establishment of a rapid alert system for operators, traders, civil society and competent authorities where the forest cover analysis reveals deforestation or forest degradation activity. In order to facilitate the implementation of this Regulation, the Commission should also examine how the EU Observatory can contribute to the analysis of relevant legislation in producer countries, including tenure rights and the procedural right to give free, prior and informed consent. The EU Observatory
  will cooperate closely with relevant international organisations, research institutes,
  non-governmental organisations, operators
  and third countries.
  It will also cooperate with the competent authorities of the Member States with a view to centralising the data and the results of the controls which they carry out on the spot.

Amendment 35

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | The existing EU
  legislative
  framework focuses on tackling illegal logging and associated trade and does not address deforestation directly. It consists of Regulation (EU) No 995/2010 of the European Parliament and of the Council, laying down the obligations of operators who place timber and timber products on the market (40) , and Council Regulation (EC) No 2173/2005, on the establishment of a Forest Law Enforcement, Governance and Trade licensing scheme for imports of timber into the European Community (41)

  . Both Regulations were evaluated in a Fitness Check
  which
  determined that, while the legislation has had a positive impact on forest governance, the objectives
  of the two Regulations
  – namely to curb illegal logging and related trade, and to reduce the
  consumption of illegally harvested timber in the EU
  – have not been met

   (42)

  and it was concluded that focusing solely on legality of timber was not sufficient to meet the set objectives
  . |

Text proposed by the Commission

Amendment

(23)

The existing EU
  legislative
  framework focuses on tackling illegal logging and associated trade and does not address deforestation directly. It consists of Regulation (EU) No 995/2010 of the European Parliament and of the Council, laying down the obligations of operators who place timber and timber products on the market (40) , and Council Regulation (EC) No 2173/2005, on the establishment of a Forest Law Enforcement, Governance and Trade licensing scheme for imports of timber into the European Community (41)

  . Both Regulations were evaluated in a Fitness Check
  which
  determined that, while the legislation has had a positive impact on forest governance, the objectives
  of the two Regulations
  – namely to curb illegal logging and related trade, and to reduce the
  consumption of illegally harvested timber in the EU
  – have not been met

   (42)

  and it was concluded that focusing solely on legality of timber was not sufficient to meet the set objectives
  .

| (23) | The existing EU
  forest
  framework
  is the EU Action Plan for Forest Law Enforcement, Governance and Trade that
  focuses on tackling illegal logging and associated trade and does not address deforestation directly. It consists of Regulation (EU) No 995/2010 of the European Parliament and of the Council, laying down the obligations of operators who place timber and timber products on the market (40), and Council Regulation (EC) No 2173/2005, on the establishment of a Forest Law Enforcement, Governance and Trade licensing scheme for imports of timber into the European Community (41) which
  operationalises the Voluntary Partnership Agreements (VPAs). The performance and implementation
  of the two Regulations
  underwent a fitness check which found that, while both achieved some success, a number of implementation challenges have held back progress towards achieving fully their objectives. The application and functioning of the due diligence scheme under Regulation (EU) No 995/210 on the one hand, and the limited number of countries involved in the VPA process, with only one having thus far an operating licensing system in place (Indonesia), on the other, curtailed effectiveness in meeting the objective of
   consumption of illegally harvested timber in the EU. |
| --- | --- |

(23)

The existing EU
  forest
  framework
  is the EU Action Plan for Forest Law Enforcement, Governance and Trade that
  focuses on tackling illegal logging and associated trade and does not address deforestation directly. It consists of Regulation (EU) No 995/2010 of the European Parliament and of the Council, laying down the obligations of operators who place timber and timber products on the market (40), and Council Regulation (EC) No 2173/2005, on the establishment of a Forest Law Enforcement, Governance and Trade licensing scheme for imports of timber into the European Community (41) which
  operationalises the Voluntary Partnership Agreements (VPAs). The performance and implementation
  of the two Regulations
  underwent a fitness check which found that, while both achieved some success, a number of implementation challenges have held back progress towards achieving fully their objectives. The application and functioning of the due diligence scheme under Regulation (EU) No 995/210 on the one hand, and the limited number of countries involved in the VPA process, with only one having thus far an operating licensing system in place (Indonesia), on the other, curtailed effectiveness in meeting the objective of
   consumption of illegally harvested timber in the EU.

Amendment 36

Proposal for a regulation

Recital 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| (24) | Available reports confirm that a sizable part of ongoing deforestation is legal according to the laws of the country of production. A recent report (43) estimates that between 2013 and 2019, around 30 % of deforestation destined to commercial agriculture in tropical countries was legal. Available data tend to focus on countries with weak governance — the global share of deforestation that is illegal might be lower, but already provide clear data signalling that leaving out deforestation that is legal in the country of production undermines the effectiveness of
  policy
  measures. |

Text proposed by the Commission

Amendment

(24)

Available reports confirm that a sizable part of ongoing deforestation is legal according to the laws of the country of production. A recent report (43) estimates that between 2013 and 2019, around 30 % of deforestation destined to commercial agriculture in tropical countries was legal. Available data tend to focus on countries with weak governance — the global share of deforestation that is illegal might be lower, but already provide clear data signalling that leaving out deforestation that is legal in the country of production undermines the effectiveness of
  policy
  measures.

| (24) | Available reports confirm that a sizable part of ongoing deforestation is legal according to the laws of the country of production. A recent report (43) estimates that between 2013 and 2019, around 30 % of deforestation destined to commercial agriculture in tropical countries was legal. Available data tend to focus on countries with weak governance — the global share of deforestation that is illegal might be lower, but already provide clear data signalling that leaving out deforestation that is legal in the country of production undermines the effectiveness of measures
  in this area
  . |
| --- | --- |

(24)

Available reports confirm that a sizable part of ongoing deforestation is legal according to the laws of the country of production. A recent report (43) estimates that between 2013 and 2019, around 30 % of deforestation destined to commercial agriculture in tropical countries was legal. Available data tend to focus on countries with weak governance — the global share of deforestation that is illegal might be lower, but already provide clear data signalling that leaving out deforestation that is legal in the country of production undermines the effectiveness of measures
  in this area
  .

Amendment 37

Proposal for a regulation

Recital 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| (25) | The impact assessment of possible policy measures to address Union-driven deforestation and forest degradation, Council conclusions and the 2020 resolution of the European Parliament clearly identify the need to establish deforestation and forest degradation as the guiding criteria for future Union measures. Therefore, the new Union legal framework should address both legality
  and
  whether the production of relevant commodities and products is deforestation-free. |

Text proposed by the Commission

Amendment

(25)

The impact assessment of possible policy measures to address Union-driven deforestation and forest degradation, Council conclusions and the 2020 resolution of the European Parliament clearly identify the need to establish deforestation and forest degradation as the guiding criteria for future Union measures. Therefore, the new Union legal framework should address both legality
  and
  whether the production of relevant commodities and products is deforestation-free.

| (25) | The impact assessment of possible policy measures to address Union-driven deforestation and forest degradation, Council conclusions and the 2020 resolution of the European Parliament clearly identify the need to establish deforestation and forest degradation as the guiding criteria for future Union measures.
  Focusing only on legality could potentially encourage a race to the bottom in countries that are highly dependent on agricultural exports. Those countries could be tempted to lower their environmental protection with a view to facilitating access of their products to the Union market.
  Therefore, the new Union legal framework should address both legality, whether the production of relevant commodities and products is deforestation-free
  and whether the protection of tenure rights of indigenous and local populations has been maintained
  . |
| --- | --- |

(25)

The impact assessment of possible policy measures to address Union-driven deforestation and forest degradation, Council conclusions and the 2020 resolution of the European Parliament clearly identify the need to establish deforestation and forest degradation as the guiding criteria for future Union measures.
  Focusing only on legality could potentially encourage a race to the bottom in countries that are highly dependent on agricultural exports. Those countries could be tempted to lower their environmental protection with a view to facilitating access of their products to the Union market.
  Therefore, the new Union legal framework should address both legality, whether the production of relevant commodities and products is deforestation-free
  and whether the protection of tenure rights of indigenous and local populations has been maintained
  .

Amendment 38

Proposal for a regulation

Recital 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| (26) | The definition of ‘deforestation-free’ should be sufficiently broad to cover
  both
  deforestation
  and
  forest degradation, it should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data. |

Text proposed by the Commission

Amendment

(26)

The definition of ‘deforestation-free’ should be sufficiently broad to cover
  both
  deforestation
  and
  forest degradation, it should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data.

| (26) | The definition of ‘deforestation-free’ should be sufficiently broad to cover deforestation, forest degradation
  and forest conversion
  it should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data. |
| --- | --- |

(26)

The definition of ‘deforestation-free’ should be sufficiently broad to cover deforestation, forest degradation
  and forest conversion
  it should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data.

Amendment 39

Proposal for a regulation

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation
  and
  forest degradation and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of
  eight
  commodities. Wood was directly included in the scope as it was already covered by the EUTR.
  The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectares of deforestation linked to EU consumption, as estimated in
  a recent research
  paper

   (44)

  , for each of those commodities with their average value of EU imports. According to the research
  paper used for the efficiency analysis, six commodities represent the largest share of EU-driven deforestation among the total of
  eight
  commodities analysed in that research paper: palm oil (33,95  %), soy (32,83  %), wood (8,62  %), cocoa (7,54  %), coffee (7,01  %) and beef (5,01  %). |

Text proposed by the Commission

Amendment

(27)

The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation
  and
  forest degradation and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of
  eight
  commodities. Wood was directly included in the scope as it was already covered by the EUTR.
  The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectares of deforestation linked to EU consumption, as estimated in
  a recent research
  paper

   (44)

  , for each of those commodities with their average value of EU imports. According to the research
  paper used for the efficiency analysis, six commodities represent the largest share of EU-driven deforestation among the total of
  eight
  commodities analysed in that research paper: palm oil (33,95  %), soy (32,83  %), wood (8,62  %), cocoa (7,54  %), coffee (7,01  %) and beef (5,01  %).

| (27) | The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation, forest degradation
  and forest conversion
  and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that
  environmental
  footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of commodities. Wood was directly included in the scope as it was already covered by the EUTR.
  According to
  a recent research (44) paper used for the efficiency analysis, six commodities represent the largest share of EU-driven deforestation among the total of commodities analysed in that research paper: palm oil (33,95  %), soy (32,83  %), wood (8,62  %), cocoa (7,54  %), coffee (7,01  %) and beef (5,01  %).
  Meat imported into the Union should be subject to the same rules as meat produced within the Union. Therefore, meat from swine, poultry, and sheep and goats should be covered by this Regulation to ensure that animals raised outside the Union and then imported have been fed with deforestation-free commodities or products. Rubber and maize should also be covered by this Regulation due to their impact on global deforestation. The Commission should be entitled to adopt delegated acts to extend the scope of Annex I. |
| --- | --- |

(27)

The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation, forest degradation
  and forest conversion
  and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that
  environmental
  footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of commodities. Wood was directly included in the scope as it was already covered by the EUTR.
  According to
  a recent research (44) paper used for the efficiency analysis, six commodities represent the largest share of EU-driven deforestation among the total of commodities analysed in that research paper: palm oil (33,95  %), soy (32,83  %), wood (8,62  %), cocoa (7,54  %), coffee (7,01  %) and beef (5,01  %).
  Meat imported into the Union should be subject to the same rules as meat produced within the Union. Therefore, meat from swine, poultry, and sheep and goats should be covered by this Regulation to ensure that animals raised outside the Union and then imported have been fed with deforestation-free commodities or products. Rubber and maize should also be covered by this Regulation due to their impact on global deforestation. The Commission should be entitled to adopt delegated acts to extend the scope of Annex I.

Amendment 40

Proposal for a regulation

Recital 27 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (27a) | Financial institutions should be covered by this Regulation as their services could lead to support activities linked directly or indirectly to deforestation, forest degradation and forest conversion. All banking, investment and insurance activities of financial institutions should therefore be included in the scope of this Regulation in order to prevent them supporting projects directly or indirectly linked to deforestation, forest degradation or forest conversion. |

Text proposed by the Commission

Amendment

(27a)

Financial institutions should be covered by this Regulation as their services could lead to support activities linked directly or indirectly to deforestation, forest degradation and forest conversion. All banking, investment and insurance activities of financial institutions should therefore be included in the scope of this Regulation in order to prevent them supporting projects directly or indirectly linked to deforestation, forest degradation or forest conversion.

Amendment 41

Proposal for a regulation

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest degradation, and to promote deforestation-free supply chains. |

Text proposed by the Commission

Amendment

(29)

Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest degradation, and to promote deforestation-free supply chains.

| (29) | Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest degradation
  and forest conversion
  , and to promote deforestation-free supply chains
  , as well as to promote the protection of human rights, and the rights of indigenous peoples and local communities, both in the Union and in third countries
  . |
| --- | --- |

(29)

Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest degradation
  and forest conversion
  , and to promote deforestation-free supply chains
  , as well as to promote the protection of human rights, and the rights of indigenous peoples and local communities, both in the Union and in third countries
  .

Amendment 42

Proposal for a regulation

Recital 29 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (29a) | When assessing the risk of non-compliance of relevant commodities and products intended to be placed on or exported from the Union market with the requirements of this Regulation, violations of human rights that are associated to deforestation, forest degradation and forest conversion, including rights of indigenous peoples, local communities and customary tenure rights holders, should be taken into account. |

Text proposed by the Commission

Amendment

(29a)

When assessing the risk of non-compliance of relevant commodities and products intended to be placed on or exported from the Union market with the requirements of this Regulation, violations of human rights that are associated to deforestation, forest degradation and forest conversion, including rights of indigenous peoples, local communities and customary tenure rights holders, should be taken into account.

Amendment 43

Proposal for a regulation

Recital 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| (30) | Many international organisations and bodies (e.g. Food and Agriculture Organization of the United Nations, the Intergovernmental Panel on Climate Change, United Nations Environment Programme, the Paris Agreement, International Union for the Conservation of Nature, Convention on Biological Diversity) have developed work in the field of deforestation and forest degradation and the definitions in this Regulation build on this work. |

Text proposed by the Commission

Amendment

(30)

Many international organisations and bodies (e.g. Food and Agriculture Organization of the United Nations, the Intergovernmental Panel on Climate Change, United Nations Environment Programme, the Paris Agreement, International Union for the Conservation of Nature, Convention on Biological Diversity) have developed work in the field of deforestation and forest degradation and the definitions in this Regulation build on this work.

| (30) | Many international organisations and bodies (e.g. Food and Agriculture Organization of the United Nations, the Intergovernmental Panel on Climate Change, United Nations Environment Programme, the Paris Agreement, International Union for the Conservation of Nature, Convention on Biological Diversity) have developed work in the field of deforestation and forest degradation
  as well as the conversion and degradation of other ecosystems
  and the definitions in this Regulation build on this work. |
| --- | --- |

(30)

Many international organisations and bodies (e.g. Food and Agriculture Organization of the United Nations, the Intergovernmental Panel on Climate Change, United Nations Environment Programme, the Paris Agreement, International Union for the Conservation of Nature, Convention on Biological Diversity) have developed work in the field of deforestation and forest degradation
  as well as the conversion and degradation of other ecosystems
  and the definitions in this Regulation build on this work.

Amendment 44

Proposal for a regulation

Recital 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| (31) | A cut-off date should be set to provide a basis for the evaluation of whether concerned land has been subject to deforestation
  or
  forest degradation, meaning that no commodities and products in the scope of this Regulation would be allowed to enter the Union market or be exported if they were produced on land subject to deforestation or forest degradation after that date. It should allow for the appropriate verification and monitoring,
  correspond to
  existing international commitments, such as the SDGs and the New York Declaration on Forests, thus minimising sudden disruption to supply chains while removing any incentive to accelerate activities leading to deforestation
  and
  forest degradation in view of the entry into force of this Regulation. |

Text proposed by the Commission

Amendment

(31)

A cut-off date should be set to provide a basis for the evaluation of whether concerned land has been subject to deforestation
  or
  forest degradation, meaning that no commodities and products in the scope of this Regulation would be allowed to enter the Union market or be exported if they were produced on land subject to deforestation or forest degradation after that date. It should allow for the appropriate verification and monitoring,
  correspond to
  existing international commitments, such as the SDGs and the New York Declaration on Forests, thus minimising sudden disruption to supply chains while removing any incentive to accelerate activities leading to deforestation
  and
  forest degradation in view of the entry into force of this Regulation.

| (31) | A cut-off date should be set to provide a basis for the evaluation of whether concerned land has been subject to deforestation, forest degradation
  or forest conversion
  , meaning that no commodities and products in the scope of this Regulation would be allowed to enter the Union market or be exported if they were produced on land subject to deforestation or forest degradation
  or forest conversion
  after that date. It should allow for the appropriate verification and monitoring,
  taking into account
  existing international commitments, such as the SDGs and the New York Declaration on Forests, thus minimising sudden disruption to supply chains while removing any incentive to accelerate activities leading to deforestation, forest degradation
  and forest conversion
  in view of the entry into force of this Regulation. |
| --- | --- |

(31)

A cut-off date should be set to provide a basis for the evaluation of whether concerned land has been subject to deforestation, forest degradation
  or forest conversion
  , meaning that no commodities and products in the scope of this Regulation would be allowed to enter the Union market or be exported if they were produced on land subject to deforestation or forest degradation
  or forest conversion
  after that date. It should allow for the appropriate verification and monitoring,
  taking into account
  existing international commitments, such as the SDGs and the New York Declaration on Forests, thus minimising sudden disruption to supply chains while removing any incentive to accelerate activities leading to deforestation, forest degradation
  and forest conversion
  in view of the entry into force of this Regulation.

Amendment 45

Proposal for a regulation

Recital 32

| Text proposed by the Commission | Amendment |
| --- | --- |
| (32) | To strengthen the Union’s contribution to halting deforestation
  and
  forest degradation, and to ensure that commodities and products from supply chains related to deforestation
  and
  forest degradation are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant
  legislation of the country of production
  . To confirm that this is the case, they should always be accompanied by a due diligence statement. |

Text proposed by the Commission

Amendment

(32)

To strengthen the Union’s contribution to halting deforestation
  and
  forest degradation, and to ensure that commodities and products from supply chains related to deforestation
  and
  forest degradation are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant
  legislation of the country of production
  . To confirm that this is the case, they should always be accompanied by a due diligence statement.

| (32) | To strengthen the Union’s contribution to halting deforestation, forest degradation
  and forest conversion
  , and to ensure that commodities and products from supply chains related to deforestation, forest degradation
  and forest conversion
  are not placed on
  or exported from
  the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant
  domestic and international law and standards
  . To confirm that this is the case, they should always be accompanied by a due diligence statement. |
| --- | --- |

(32)

To strengthen the Union’s contribution to halting deforestation, forest degradation
  and forest conversion
  , and to ensure that commodities and products from supply chains related to deforestation, forest degradation
  and forest conversion
  are not placed on
  or exported from
  the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant
  domestic and international law and standards
  . To confirm that this is the case, they should always be accompanied by a due diligence statement.

Amendment 46

Proposal for a regulation

Recital 33

| Text proposed by the Commission | Amendment |
| --- | --- |
| (33) | On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include
  three
  elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation
  and
  forest degradation and legality requirements are fulfilled, inter alia by identifying the country
  and area
  of production, including geo-location coordinates
  of relevant plots of land
  . These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it. |

Text proposed by the Commission

Amendment

(33)

On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include
  three
  elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation
  and
  forest degradation and legality requirements are fulfilled, inter alia by identifying the country
  and area
  of production, including geo-location coordinates
  of relevant plots of land
  . These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.

| (33) | On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include
  four
  elements: information requirements, risk assessment and risk mitigation measures
  and reporting obligations
  . The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation, forest degradation
  and forest conversion
  and legality requirements are fulfilled,
  and that the country of production has complied with the legality requirement and with international human rights law, including the right to prior, free and informed consent
  inter alia by identifying the country of production
  or parts thereof
  , including geo-location coordinates. These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus)
  . The application of the geolocation requirement in sectors where smallholders represent a significant share of producers could be particularly challenging, and guidance as well as technical and financial support should be provided where relevant
  . On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
  In order to foster transparency and facilitate enforcement, operators should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations. |
| --- | --- |

(33)

On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include
  four
  elements: information requirements, risk assessment and risk mitigation measures
  and reporting obligations
  . The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation, forest degradation
  and forest conversion
  and legality requirements are fulfilled,
  and that the country of production has complied with the legality requirement and with international human rights law, including the right to prior, free and informed consent
  inter alia by identifying the country of production
  or parts thereof
  , including geo-location coordinates. These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus)
  . The application of the geolocation requirement in sectors where smallholders represent a significant share of producers could be particularly challenging, and guidance as well as technical and financial support should be provided where relevant
  . On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
  In order to foster transparency and facilitate enforcement, operators should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations.

Amendment 47

Proposal for a regulation

Recital 33 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (33a) | Operators should undertake reasonable efforts to ensure a fair price is paid to the producers they source from, in particular smallholders, so as to enable a living income and effectively address poverty as a root cause of deforestation. |

Text proposed by the Commission

Amendment

(33a)

Operators should undertake reasonable efforts to ensure a fair price is paid to the producers they source from, in particular smallholders, so as to enable a living income and effectively address poverty as a root cause of deforestation.

Amendment 48

Proposal for a regulation

Recital 33 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (33b) | Operators and traders and the competent authorities of Member States should be able to benefit from the tools made available by the Union when collecting and retranscribing the information required for the due diligence procedure. The agencies in charge of EGNOS/Galileo and Copernicus should strengthen their synergies in order to allow for a holistic approach. Operators and traders, in cooperation with the Commission, should support farmers, particularly smallholders, indigenous peoples and local communities, so that they can procure and make appropriate use of the necessary tools to collect information, including geo-location, and to take ownership of them in a sustainable manner. |

Text proposed by the Commission

Amendment

(33b)

Operators and traders and the competent authorities of Member States should be able to benefit from the tools made available by the Union when collecting and retranscribing the information required for the due diligence procedure. The agencies in charge of EGNOS/Galileo and Copernicus should strengthen their synergies in order to allow for a holistic approach. Operators and traders, in cooperation with the Commission, should support farmers, particularly smallholders, indigenous peoples and local communities, so that they can procure and make appropriate use of the necessary tools to collect information, including geo-location, and to take ownership of them in a sustainable manner.

Amendment 49

Proposal for a regulation

Recital 34

| Text proposed by the Commission | Amendment |
| --- | --- |
| (34) | Operators should formally assume responsibility for the compliance of the relevant commodities or products that they intend to place on the Union market or to export by making available due diligence statements. A template for such statements should be provided by this Regulation. This is expected to facilitate enforcement of this Regulation through competent authorities and courts as well as increase compliance by operators. |

Text proposed by the Commission

Amendment

(34)

Operators should formally assume responsibility for the compliance of the relevant commodities or products that they intend to place on the Union market or to export by making available due diligence statements. A template for such statements should be provided by this Regulation. This is expected to facilitate enforcement of this Regulation through competent authorities and courts as well as increase compliance by operators.

| (34) | Operators
  placing a commodity or product concerned on the Union market or exporting a product or a commodity to a third country
  should formally assume responsibility for the compliance of the relevant commodities or products that they intend to place on the Union market or to export by making available due diligence statements. A template for such statements should be provided by this Regulation. This is expected to facilitate enforcement of this Regulation through competent authorities and courts as well as increase compliance by operators. |
| --- | --- |

(34)

Operators
  placing a commodity or product concerned on the Union market or exporting a product or a commodity to a third country
  should formally assume responsibility for the compliance of the relevant commodities or products that they intend to place on the Union market or to export by making available due diligence statements. A template for such statements should be provided by this Regulation. This is expected to facilitate enforcement of this Regulation through competent authorities and courts as well as increase compliance by operators.

Amendment 50

Proposal for a regulation

Recital 36

| Text proposed by the Commission | Amendment |
| --- | --- |
| (36) | Traders should be responsible for collecting and keeping information ensuring the transparency of the supply chain of relevant commodities and products which they make available on the market. Large traders that are not small and medium-sized enterprises (SMEs) have a significant influence on supply chains and play an important role in ensuring that
  they
  are deforestation-free and should therefore have the same obligations as operators. |

Text proposed by the Commission

Amendment

(36)

Traders should be responsible for collecting and keeping information ensuring the transparency of the supply chain of relevant commodities and products which they make available on the market. Large traders that are not small and medium-sized enterprises (SMEs) have a significant influence on supply chains and play an important role in ensuring that
  they
  are deforestation-free and should therefore have the same obligations as operators.

| (36) | Traders should be responsible for collecting and keeping information ensuring the transparency of the supply chain of relevant commodities and products which they make available on the market. Large traders that are not small and medium-sized enterprises (SMEs) have a significant influence on supply chains and play an important role in ensuring that
  supply chains
  are deforestation-free and should therefore have the same obligations as operators. |
| --- | --- |

(36)

Traders should be responsible for collecting and keeping information ensuring the transparency of the supply chain of relevant commodities and products which they make available on the market. Large traders that are not small and medium-sized enterprises (SMEs) have a significant influence on supply chains and play an important role in ensuring that
  supply chains
  are deforestation-free and should therefore have the same obligations as operators.

Amendment 51

Proposal for a regulation

Recital 37

| Text proposed by the Commission | Amendment |
| --- | --- |
| (37) | In order to foster transparency and facilitate enforcement, operators
  which are not SMEs
  should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations. |

Text proposed by the Commission

Amendment

(37)

In order to foster transparency and facilitate enforcement, operators
  which are not SMEs
  should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations.

| (37) | In order to foster transparency and facilitate enforcement, operators should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations. |
| --- | --- |

(37)

In order to foster transparency and facilitate enforcement, operators should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations.

Amendment 52

Proposal for a regulation

Recital 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| (38) | Other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments. The existence of this Regulation should not exclude the application of other EU legislative instruments that lay down requirements regarding value chain due diligence. Where such other EU legislative instruments provide for more specific provisions or add requirements to the provisions laid down in this Regulation, such provisions should be applied in conjunction with those of this Regulation. Furthermore, where this Regulation contains more specific provisions, they should not be interpreted in a way that undermines the effective application of other EU legislative instruments on due diligence or the achievement of their general aim. |

Text proposed by the Commission

Amendment

(38)

Other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments. The existence of this Regulation should not exclude the application of other EU legislative instruments that lay down requirements regarding value chain due diligence. Where such other EU legislative instruments provide for more specific provisions or add requirements to the provisions laid down in this Regulation, such provisions should be applied in conjunction with those of this Regulation. Furthermore, where this Regulation contains more specific provisions, they should not be interpreted in a way that undermines the effective application of other EU legislative instruments on due diligence or the achievement of their general aim.

| (38) | Other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts
  , such as Regulation (EU) 2020/852 of the European Parliament and of the Council

   (1a) 
  and [the forthcoming Directive on Corporate Sustainability Due Diligence]

   (1b)

  ,
  should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments.
  This Regulation aims to ensure the conformity of commodities and products with sustainability and legality requirements. It applies ex-ante, before commodities or products are placed on or exported from the Union market.
  The existence of this
  commodity-specific
  Regulation should not exclude the application of other EU legislative instruments that lay down requirements regarding value chain due diligence. Where such other EU legislative instruments provide for more specific provisions or add requirements to the provisions laid down in this Regulation, such provisions should be applied in conjunction with those of this Regulation. Furthermore, where this Regulation contains more specific provisions, they should not be interpreted in a way that undermines the effective application of other EU legislative instruments on due diligence or the achievement of their general aim.
  The Commission should issue clear and easy to understand guidelines to help operators and traders, in particular SMEs, to comply with the requirements of this Regulation with the aim to minimise the administrative and financial burden. The guidelines should also support operators to fulfil their due diligence requirements in an effective manner when they fall under the scope of other overlapping legislative instruments setting out other due diligence requirements. |
| --- | --- |

(38)

Other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts
  , such as Regulation (EU) 2020/852 of the European Parliament and of the Council

   (1a) 
  and [the forthcoming Directive on Corporate Sustainability Due Diligence]

   (1b)

  ,
  should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments.
  This Regulation aims to ensure the conformity of commodities and products with sustainability and legality requirements. It applies ex-ante, before commodities or products are placed on or exported from the Union market.
  The existence of this
  commodity-specific
  Regulation should not exclude the application of other EU legislative instruments that lay down requirements regarding value chain due diligence. Where such other EU legislative instruments provide for more specific provisions or add requirements to the provisions laid down in this Regulation, such provisions should be applied in conjunction with those of this Regulation. Furthermore, where this Regulation contains more specific provisions, they should not be interpreted in a way that undermines the effective application of other EU legislative instruments on due diligence or the achievement of their general aim.
  The Commission should issue clear and easy to understand guidelines to help operators and traders, in particular SMEs, to comply with the requirements of this Regulation with the aim to minimise the administrative and financial burden. The guidelines should also support operators to fulfil their due diligence requirements in an effective manner when they fall under the scope of other overlapping legislative instruments setting out other due diligence requirements.

Amendment 53

Proposal for a regulation

Recital 38 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (38a) | There is a direct link between deforestation and the conversion of ecosystems and violations of human rights, in particular those of indigenous peoples and local communities. Special attention should be paid to their needs and their full inclusion in the implementation of this Regulation. Full respect for international texts and standards, including the United Nations Declaration on the Rights of Indigenous Peoples, customary tenure rights, the right to free, prior and informed consent (FPIC) should be ensured. Labour rights as enshrined in International Labour Organisation fundamental conventions, women`s rights, the rights to environmental protection and the right to defend human rights and the environment should also be promoted. |

Text proposed by the Commission

Amendment

(38a)

There is a direct link between deforestation and the conversion of ecosystems and violations of human rights, in particular those of indigenous peoples and local communities. Special attention should be paid to their needs and their full inclusion in the implementation of this Regulation. Full respect for international texts and standards, including the United Nations Declaration on the Rights of Indigenous Peoples, customary tenure rights, the right to free, prior and informed consent (FPIC) should be ensured. Labour rights as enshrined in International Labour Organisation fundamental conventions, women`s rights, the rights to environmental protection and the right to defend human rights and the environment should also be promoted.

Amendment 54

Proposal for a regulation

Recital 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| (40) | Responsibility for enforcing this Regulation should lie with the Member States, and their competent authorities should be required to ensure that this Regulation is fully complied with. A uniform enforcement of this Regulation as regards relevant commodities and products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission. |

Text proposed by the Commission

Amendment

(40)

Responsibility for enforcing this Regulation should lie with the Member States, and their competent authorities should be required to ensure that this Regulation is fully complied with. A uniform enforcement of this Regulation as regards relevant commodities and products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission.

| (40) | Responsibility for enforcing this Regulation should lie with the Member States, and their competent authorities should be required to ensure that this Regulation is fully complied with. A uniform enforcement of this Regulation as regards relevant commodities and products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission.
  The Commission should, in particular, carry out an analysis of the penalties applied by Member States and conduct an exchange with them in order to promote harmonised implementation of this Regulation. |
| --- | --- |

(40)

Responsibility for enforcing this Regulation should lie with the Member States, and their competent authorities should be required to ensure that this Regulation is fully complied with. A uniform enforcement of this Regulation as regards relevant commodities and products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission.
  The Commission should, in particular, carry out an analysis of the penalties applied by Member States and conduct an exchange with them in order to promote harmonised implementation of this Regulation.

Amendment 55

Proposal for a regulation

Recital 40 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (40a) | For the purposes of effective enforcement of this Regulation and compliance with it by competent authorities, operators and traders, members of the public concerned should be able to take action to ensure compliance with environmental law and thus protect the environment. |

Text proposed by the Commission

Amendment

(40a)

For the purposes of effective enforcement of this Regulation and compliance with it by competent authorities, operators and traders, members of the public concerned should be able to take action to ensure compliance with environmental law and thus protect the environment.

Amendment 56

Proposal for a regulation

Recital 40 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (40b) | The right to an effective remedy is an internationally recognised human right, enshrined in Article 8 of the Universal Declaration of Human Rights, Article 9(3) of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters and Article 2(3) of the International Covenant on Civil and Political Rights, and is also a fundamental right of the Union within the meaning of Article 47 of the Charter of Fundamental Rights of the European Union and Member States should therefore ensure that members of the public concerned or affected by a violation of this Regulation have proper access to an effective remedy. |

Text proposed by the Commission

Amendment

(40b)

The right to an effective remedy is an internationally recognised human right, enshrined in Article 8 of the Universal Declaration of Human Rights, Article 9(3) of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters and Article 2(3) of the International Covenant on Civil and Political Rights, and is also a fundamental right of the Union within the meaning of Article 47 of the Charter of Fundamental Rights of the European Union and Member States should therefore ensure that members of the public concerned or affected by a violation of this Regulation have proper access to an effective remedy.

Amendment 57

Proposal for a regulation

Recital 41

| Text proposed by the Commission | Amendment |
| --- | --- |
| (41) | The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation
  . The
  information
  system
  should also be accessible for a wider public, with the anonymised
  data
  provided in an open and machine-readable format in line with the Union’s Open Data Policy. |

Text proposed by the Commission

Amendment

(41)

The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation
  . The
  information
  system
  should also be accessible for a wider public, with the anonymised
  data
  provided in an open and machine-readable format in line with the Union’s Open Data Policy.

| (41) | The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation
  and should facilitate transfers of
  information
  among Member States, competent authorities and customs authorities. The non-commercially sensitive data
  should also be accessible for a wider public, with the
  data being
  anonymised
  – apart from information concerning the list of non-compliant operators and traders — and
  provided in an open and machine-readable format in line with the Union’s Open Data Policy. |
| --- | --- |

(41)

The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation
  and should facilitate transfers of
  information
  among Member States, competent authorities and customs authorities. The non-commercially sensitive data
  should also be accessible for a wider public, with the
  data being
  anonymised
  – apart from information concerning the list of non-compliant operators and traders — and
  provided in an open and machine-readable format in line with the Union’s Open Data Policy.

Amendment 58

Proposal for a regulation

Recital 42

| Text proposed by the Commission | Amendment |
| --- | --- |
| (42) | For the relevant commodities entering or leaving the Union market, competent authorities are tasked with the verification of the compliance of relevant commodities and products with the obligations under this Regulation, whereas the role of customs is to ensure that the reference of a due diligence statement is made available in the customs declaration where applicable and, in addition as from the moment the electronic interface will be in place to exchange information between customs authorities and competent authorities, to check the status of the due diligence statement after an initial risk analysis carried out by competent authorities in the Information System and act accordingly (i.e. suspend or refuse a commodity or product if requested to do so through the status in the Information System). This specific organisation of controls discards the application of Chapter VII of Regulation (EU) 2019/1020 in so far as the application and enforcement of this Regulation is concerned. |

Text proposed by the Commission

Amendment

(42)

For the relevant commodities entering or leaving the Union market, competent authorities are tasked with the verification of the compliance of relevant commodities and products with the obligations under this Regulation, whereas the role of customs is to ensure that the reference of a due diligence statement is made available in the customs declaration where applicable and, in addition as from the moment the electronic interface will be in place to exchange information between customs authorities and competent authorities, to check the status of the due diligence statement after an initial risk analysis carried out by competent authorities in the Information System and act accordingly (i.e. suspend or refuse a commodity or product if requested to do so through the status in the Information System). This specific organisation of controls discards the application of Chapter VII of Regulation (EU) 2019/1020 in so far as the application and enforcement of this Regulation is concerned.

| (42) | For the relevant commodities
  and products
  entering or leaving the Union market, competent authorities are tasked with the verification of the compliance of relevant commodities and products with the obligations under this Regulation
  based on, inter alia, the due diligence statements submitted by the operators
  , whereas the role of customs is to ensure that the reference of a due diligence statement is made available in the customs declaration where applicable and, in addition as from the moment the electronic interface will be in place to exchange information between customs authorities and competent authorities, to check the status of the due diligence statement after an initial risk analysis carried out by competent authorities in the Information System and act accordingly (i.e. suspend or refuse a commodity or product if requested to do so through the status in the Information System). This specific organisation of controls discards the application of Chapter VII of Regulation (EU) 2019/1020 in so far as the application and enforcement of this Regulation is concerned. |
| --- | --- |

(42)

For the relevant commodities
  and products
  entering or leaving the Union market, competent authorities are tasked with the verification of the compliance of relevant commodities and products with the obligations under this Regulation
  based on, inter alia, the due diligence statements submitted by the operators
  , whereas the role of customs is to ensure that the reference of a due diligence statement is made available in the customs declaration where applicable and, in addition as from the moment the electronic interface will be in place to exchange information between customs authorities and competent authorities, to check the status of the due diligence statement after an initial risk analysis carried out by competent authorities in the Information System and act accordingly (i.e. suspend or refuse a commodity or product if requested to do so through the status in the Information System). This specific organisation of controls discards the application of Chapter VII of Regulation (EU) 2019/1020 in so far as the application and enforcement of this Regulation is concerned.

Amendment 59

Proposal for a regulation

Recital 42 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (42a) | The checks carried out by the competent authorities should be carried out in a manner which is the least disruptive to trade and to the operations of operators and traders. |

Text proposed by the Commission

Amendment

(42a)

The checks carried out by the competent authorities should be carried out in a manner which is the least disruptive to trade and to the operations of operators and traders.

Amendment 60

Proposal for a regulation

Recital 43 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (43a) | The Commission should ensure adequate and sufficient financial resources, including specifically for technical support, including through the Neighbourhood, Development and International Cooperation Instrument — Global Europe, to help partner countries with the compliance of the requirements established by this Regulation. Those resources should already be available ahead of this Regulation’s entry into force and full implementation to enhance the adaptation capacities of affected communities, with particular attention to smallholders. |

Text proposed by the Commission

Amendment

(43a)

The Commission should ensure adequate and sufficient financial resources, including specifically for technical support, including through the Neighbourhood, Development and International Cooperation Instrument — Global Europe, to help partner countries with the compliance of the requirements established by this Regulation. Those resources should already be available ahead of this Regulation’s entry into force and full implementation to enhance the adaptation capacities of affected communities, with particular attention to smallholders.

Amendment 61

Proposal for a regulation

Recital 45

| Text proposed by the Commission | Amendment |
| --- | --- |
| (45) | In order to optimise and unburden the control process of relevant commodities and products entering or leaving the Union market, it is necessary to set up electronic interfaces that allow the automatic data transfer between customs systems and the Information System of competent authorities. The EU Single Window environment for customs is the natural candidate to support such data transfers. The interfaces should be highly automated and easy-to-use, and
  additional burden
  for customs authorities
  should be limited
  . Moreover, in view of the limited differences between the data to be declared respectively in the customs declaration and the due diligence statement, it is appropriate to propose also a ‘business-to-government’ approach whereby
  traders and
  economic operators make available the due diligence statement of a relevant commodity or product via national single window environment for customs and this statement is transmitted automatically to the Information System used by competent authorities. Customs authorities and competent authorities should contribute to determine the data to be transmitted and any other technical requirement. |

Text proposed by the Commission

Amendment

(45)

In order to optimise and unburden the control process of relevant commodities and products entering or leaving the Union market, it is necessary to set up electronic interfaces that allow the automatic data transfer between customs systems and the Information System of competent authorities. The EU Single Window environment for customs is the natural candidate to support such data transfers. The interfaces should be highly automated and easy-to-use, and
  additional burden
  for customs authorities
  should be limited
  . Moreover, in view of the limited differences between the data to be declared respectively in the customs declaration and the due diligence statement, it is appropriate to propose also a ‘business-to-government’ approach whereby
  traders and
  economic operators make available the due diligence statement of a relevant commodity or product via national single window environment for customs and this statement is transmitted automatically to the Information System used by competent authorities. Customs authorities and competent authorities should contribute to determine the data to be transmitted and any other technical requirement.

| (45) | In order to optimise and unburden the control process of relevant commodities and products entering or leaving the Union market, it is necessary to set up
  interoperable
  electronic interfaces that allow the automatic data transfer between customs systems and the Information System of competent authorities. The EU Single Window environment for customs is the natural candidate to support such data transfers. The interfaces should be highly automated and easy-to-use, and
  facilitate processes
  for customs authorities
  as well as limit costs and burden for operators
  . Moreover, in view of the limited differences between the data to be declared respectively in the customs declaration and the due diligence statement, it is appropriate to propose also a ‘business-to-government’ approach whereby economic operators make available the due diligence statement of a relevant commodity or product via national single window environment for customs and this statement is transmitted automatically to the Information System used by competent authorities. Customs authorities and competent authorities should contribute to determine the data to be transmitted and any other technical requirement. |
| --- | --- |

(45)

In order to optimise and unburden the control process of relevant commodities and products entering or leaving the Union market, it is necessary to set up
  interoperable
  electronic interfaces that allow the automatic data transfer between customs systems and the Information System of competent authorities. The EU Single Window environment for customs is the natural candidate to support such data transfers. The interfaces should be highly automated and easy-to-use, and
  facilitate processes
  for customs authorities
  as well as limit costs and burden for operators
  . Moreover, in view of the limited differences between the data to be declared respectively in the customs declaration and the due diligence statement, it is appropriate to propose also a ‘business-to-government’ approach whereby economic operators make available the due diligence statement of a relevant commodity or product via national single window environment for customs and this statement is transmitted automatically to the Information System used by competent authorities. Customs authorities and competent authorities should contribute to determine the data to be transmitted and any other technical requirement.

Amendment 62

Proposal for a regulation

Recital 46

| Text proposed by the Commission | Amendment |
| --- | --- |
| (46) | The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities. |

Text proposed by the Commission

Amendment

(46)

The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities.

| (46) | The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production
  or parts thereof
  . Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden
  , unless the operator knows or has reason to believe that there are risks of non-compliance with this Regulation. Where a competent authority becomes aware of a risk that the requirements of this Regulation are being circumvented, for example where a relevant commodity or product produced in a high-risk country is subsequently processed in, or exported to, the Union from a low-risk country, and the customs declaration or due diligence statement indicate that the commodity or product was produced in a low-risk country, it should verify via further checks whether there is any non-compliance and, if necessary, take appropriate action, such as seizure and suspension of placing on the market of the relevant commodity or product, as well as carry out further checks
  . Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities. |
| --- | --- |

(46)

The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production
  or parts thereof
  . Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden
  , unless the operator knows or has reason to believe that there are risks of non-compliance with this Regulation. Where a competent authority becomes aware of a risk that the requirements of this Regulation are being circumvented, for example where a relevant commodity or product produced in a high-risk country is subsequently processed in, or exported to, the Union from a low-risk country, and the customs declaration or due diligence statement indicate that the commodity or product was produced in a low-risk country, it should verify via further checks whether there is any non-compliance and, if necessary, take appropriate action, such as seizure and suspension of placing on the market of the relevant commodity or product, as well as carry out further checks
  . Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities.

Amendment 63

Proposal for a regulation

Recital 47

| Text proposed by the Commission | Amendment |
| --- | --- |
| (47) | For this reason, the Commission should assess the deforestation and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation
  and
  forest degradation. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a three-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation. |

Text proposed by the Commission

Amendment

(47)

For this reason, the Commission should assess the deforestation and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation
  and
  forest degradation. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a three-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation.

| (47) | For this reason, the Commission should assess the deforestation and forest degradation
  or forest conversion
  risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation, forest degradation
  and forest conversion, and for the promotion of rights of indigenous peoples and local communities
  . This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a three-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation. |
| --- | --- |

(47)

For this reason, the Commission should assess the deforestation and forest degradation
  or forest conversion
  risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation, forest degradation
  and forest conversion, and for the promotion of rights of indigenous peoples and local communities
  . This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a three-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation.

Amendment 64

Proposal for a regulation

Recital 47 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (47a) | To ensure that this Regulation does not create an unnecessary restriction to trade, the Commission should cooperate with countries which are identified to present a standard or high risk, and with relevant stakeholders in these countries, in order to work towards reducing the level of risk. |

Text proposed by the Commission

Amendment

(47a)

To ensure that this Regulation does not create an unnecessary restriction to trade, the Commission should cooperate with countries which are identified to present a standard or high risk, and with relevant stakeholders in these countries, in order to work towards reducing the level of risk.

Amendment 65

Proposal for a regulation

Recital 48

| Text proposed by the Commission | Amendment |
| --- | --- |
| (48) | Competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this Regulation. Moreover, competent authorities should carry out checks when in possession of and based on relevant information, including substantiated concerns submitted by third parties. For a comprehensive coverage of the relevant commodities and products, the respective operators and traders and the volumes of their share of commodities and products, a twofold approach should apply. Competent authorities should thus be required to check on a certain percentage of operators and traders, whilst also covering a specific percentage of relevant commodities and products. Such percentages should be higher for relevant commodities and products from high-risk countries or parts thereof. |

Text proposed by the Commission

Amendment

(48)

Competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this Regulation. Moreover, competent authorities should carry out checks when in possession of and based on relevant information, including substantiated concerns submitted by third parties. For a comprehensive coverage of the relevant commodities and products, the respective operators and traders and the volumes of their share of commodities and products, a twofold approach should apply. Competent authorities should thus be required to check on a certain percentage of operators and traders, whilst also covering a specific percentage of relevant commodities and products. Such percentages should be higher for relevant commodities and products from high-risk countries or parts thereof.

| (48) | Competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this Regulation. Moreover, competent authorities should carry out checks when in possession of and based on relevant information, including substantiated concerns submitted by third parties. For a comprehensive coverage of the relevant commodities and products, the respective operators and traders and the volumes of their share of commodities and products, a twofold approach should apply. Competent authorities should thus be required to check on a certain percentage of operators and traders, whilst also covering a specific percentage of relevant commodities and products. Such percentages should be higher for relevant commodities and products from high-risk countries or parts thereof
  whereas they can be lower for low-risk countries or parts thereof
  . |
| --- | --- |

(48)

Competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this Regulation. Moreover, competent authorities should carry out checks when in possession of and based on relevant information, including substantiated concerns submitted by third parties. For a comprehensive coverage of the relevant commodities and products, the respective operators and traders and the volumes of their share of commodities and products, a twofold approach should apply. Competent authorities should thus be required to check on a certain percentage of operators and traders, whilst also covering a specific percentage of relevant commodities and products. Such percentages should be higher for relevant commodities and products from high-risk countries or parts thereof
  whereas they can be lower for low-risk countries or parts thereof
  .

Amendment 66

Proposal for a regulation

Recital 49

| Text proposed by the Commission | Amendment |
| --- | --- |
| (49) | The checks of operators and traders by competent authorities should cover the due diligence systems and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation associated to relevant commodities and products in the country of production, the history of compliance of operators and traders with the obligations of this Regulation and any other relevant information available to competent authorities. The risk analysis of due diligence statements should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements. |

Text proposed by the Commission

Amendment

(49)

The checks of operators and traders by competent authorities should cover the due diligence systems and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation associated to relevant commodities and products in the country of production, the history of compliance of operators and traders with the obligations of this Regulation and any other relevant information available to competent authorities. The risk analysis of due diligence statements should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements.

| (49) | The checks of operators and traders by competent authorities should cover the due diligence systems and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation associated to relevant commodities and products in the country of production, the history of compliance of operators and traders with the obligations of this Regulation and any other relevant information available to competent authorities. The risk analysis of due diligence statements should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements.
  Where necessary and technically possible, competent authorities, in close cooperation with authorities in third countries, should also conduct controls in situ. |
| --- | --- |

(49)

The checks of operators and traders by competent authorities should cover the due diligence systems and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation associated to relevant commodities and products in the country of production, the history of compliance of operators and traders with the obligations of this Regulation and any other relevant information available to competent authorities. The risk analysis of due diligence statements should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements.
  Where necessary and technically possible, competent authorities, in close cooperation with authorities in third countries, should also conduct controls in situ.

Amendment 67

Proposal for a regulation

Recital 50

| Text proposed by the Commission | Amendment |
| --- | --- |
| (50) | In case the risk analysis of the due diligence statements reveals a high risk of non-compliance of specific relevant commodities and products, the competent authorities should be able to take immediate interim measures to prevent their placing or making available on the Union market. In case such relevant commodities and products were entering or leaving the Union market, the competent authorities should request from customs authorities the suspension of the release for free circulation or the export to enable competent authorities to carry out the necessary checks. Such request should be communicated by means of the interface system between customs and competent authorities. Suspension of the placing or making available on the Union market, of the release for free circulation or of export should be limited to
  three
  working days except where the competent authorities require additional time to assess the compliance of the relevant commodities and products with this Regulation. In that case, the competent authorities should take additional interim measures to extend the suspension period or request such extension to customs authorities in case of relevant commodities and products entering or leaving the Union market. |

Text proposed by the Commission

Amendment

(50)

In case the risk analysis of the due diligence statements reveals a high risk of non-compliance of specific relevant commodities and products, the competent authorities should be able to take immediate interim measures to prevent their placing or making available on the Union market. In case such relevant commodities and products were entering or leaving the Union market, the competent authorities should request from customs authorities the suspension of the release for free circulation or the export to enable competent authorities to carry out the necessary checks. Such request should be communicated by means of the interface system between customs and competent authorities. Suspension of the placing or making available on the Union market, of the release for free circulation or of export should be limited to
  three
  working days except where the competent authorities require additional time to assess the compliance of the relevant commodities and products with this Regulation. In that case, the competent authorities should take additional interim measures to extend the suspension period or request such extension to customs authorities in case of relevant commodities and products entering or leaving the Union market.

| (50) | In case the risk analysis of the due diligence statements reveals a high risk of non-compliance of specific relevant commodities and products, the competent authorities should be able to take immediate interim measures to prevent their placing or making available on the Union market
  or their export from the Union
  . In case such relevant commodities and products were entering or leaving the Union market, the competent authorities should request from customs authorities the suspension of the release for free circulation or the export to enable competent authorities to carry out the necessary checks. Such request should be communicated by means of the interface system between customs and competent authorities. Suspension of the placing or making available on the Union market, of the release for free circulation or of export should be limited to
  five
  working days
  , or 72 hours for fresh commodities and products at risk of spoilage,
  except where the competent authorities require additional time to assess the compliance of the relevant commodities and products with this Regulation. In that case, the competent authorities should take additional interim measures to extend the suspension period or request such extension to customs authorities in case of relevant commodities and products entering or leaving the Union market. |
| --- | --- |

(50)

In case the risk analysis of the due diligence statements reveals a high risk of non-compliance of specific relevant commodities and products, the competent authorities should be able to take immediate interim measures to prevent their placing or making available on the Union market
  or their export from the Union
  . In case such relevant commodities and products were entering or leaving the Union market, the competent authorities should request from customs authorities the suspension of the release for free circulation or the export to enable competent authorities to carry out the necessary checks. Such request should be communicated by means of the interface system between customs and competent authorities. Suspension of the placing or making available on the Union market, of the release for free circulation or of export should be limited to
  five
  working days
  , or 72 hours for fresh commodities and products at risk of spoilage,
  except where the competent authorities require additional time to assess the compliance of the relevant commodities and products with this Regulation. In that case, the competent authorities should take additional interim measures to extend the suspension period or request such extension to customs authorities in case of relevant commodities and products entering or leaving the Union market.

Amendment 68

Proposal for a regulation

Recital 50 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (50a) | Operators should support compliance by their suppliers that are smallholders with this Regulation, including through investments and capacity-building, as well as pricing mechanisms that enable a living income for the producers from which they source. |

Text proposed by the Commission

Amendment

(50a)

Operators should support compliance by their suppliers that are smallholders with this Regulation, including through investments and capacity-building, as well as pricing mechanisms that enable a living income for the producers from which they source.

Amendment 69

Proposal for a regulation

Recital 51

| Text proposed by the Commission | Amendment |
| --- | --- |
| (51) | The plan for checks should be regularly updated on the basis of the results of its implementation. Those operators showing a consistent track record of compliance
  should
  be subject to a reduced frequency of checks. |

Text proposed by the Commission

Amendment

(51)

The plan for checks should be regularly updated on the basis of the results of its implementation. Those operators showing a consistent track record of compliance
  should
  be subject to a reduced frequency of checks.

| (51) | The plan for checks should be regularly updated on the basis of the results of its implementation. Those operators showing a consistent track record of compliance
  might
  be subject to a reduced frequency of checks. |
| --- | --- |

(51)

The plan for checks should be regularly updated on the basis of the results of its implementation. Those operators showing a consistent track record of compliance
  might
  be subject to a reduced frequency of checks.

Amendment 70

Proposal for a regulation

Recital 51 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (51a) | The Commission should be mandated, if it has reason to believe that a Member State does not conduct sufficient controls to ensure the enforcement of this Regulation, to introduce changes, in dialogue with that Member State, to the plan of checks in that Member State to rectify the situation. |

Text proposed by the Commission

Amendment

(51a)

The Commission should be mandated, if it has reason to believe that a Member State does not conduct sufficient controls to ensure the enforcement of this Regulation, to introduce changes, in dialogue with that Member State, to the plan of checks in that Member State to rectify the situation.

Amendment 71

Proposal for a regulation

Recital 52

| Text proposed by the Commission | Amendment |
| --- | --- |
| (52) | In order to ensure implementation and effective enforcement of this Regulation, Member States should have the power to withdraw and recall non-compliant relevant commodities and products and take appropriate corrective actions. They should also ensure that infringements of this Regulation by operators and traders are sanctioned by effective, proportionate and dissuasive penalties. |

Text proposed by the Commission

Amendment

(52)

In order to ensure implementation and effective enforcement of this Regulation, Member States should have the power to withdraw and recall non-compliant relevant commodities and products and take appropriate corrective actions. They should also ensure that infringements of this Regulation by operators and traders are sanctioned by effective, proportionate and dissuasive penalties.

| (52) | In order to ensure implementation and effective enforcement of this Regulation, Member States should have the power to withdraw and recall non-compliant relevant commodities and products and take appropriate corrective actions. They should also ensure that infringements of this Regulation by operators and traders are sanctioned by effective, proportionate and dissuasive penalties
  and that operators failing to comply with the obligations under this Regulation are liable and obliged to compensate for the harm that the exercise of due diligence would have avoided
  . |
| --- | --- |

(52)

In order to ensure implementation and effective enforcement of this Regulation, Member States should have the power to withdraw and recall non-compliant relevant commodities and products and take appropriate corrective actions. They should also ensure that infringements of this Regulation by operators and traders are sanctioned by effective, proportionate and dissuasive penalties
  and that operators failing to comply with the obligations under this Regulation are liable and obliged to compensate for the harm that the exercise of due diligence would have avoided
  .

Amendment 72

Proposal for a regulation

Recital 52 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (52a) | The Commission should publish the names of operators and traders not in compliance with this Regulation. This could help other operators and traders in their risk assessments and increase the pressure from consumers and civil society on non-compliant operators and traders to source from supply chains that are free from deforestation. |

Text proposed by the Commission

Amendment

(52a)

The Commission should publish the names of operators and traders not in compliance with this Regulation. This could help other operators and traders in their risk assessments and increase the pressure from consumers and civil society on non-compliant operators and traders to source from supply chains that are free from deforestation.

Amendment 73

Proposal for a regulation

Recital 53

| Text proposed by the Commission | Amendment |
| --- | --- |
| (53) | Taking into account the international character of deforestation
  and
  forest degradation and related trade, competent authorities should cooperate with each other, with customs authorities of the Member States, with the Commission, as well as with the administrative authorities of third countries. Competent authorities should also cooperate with the competent authorities for the supervision and enforcement of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts. |

Text proposed by the Commission

Amendment

(53)

Taking into account the international character of deforestation
  and
  forest degradation and related trade, competent authorities should cooperate with each other, with customs authorities of the Member States, with the Commission, as well as with the administrative authorities of third countries. Competent authorities should also cooperate with the competent authorities for the supervision and enforcement of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts.

| (53) | Taking into account the international character of deforestation, forest degradation
  , forest conversion
  and related trade, competent authorities should cooperate with each other, with customs authorities of the Member States, with the Commission, as well as with the administrative authorities of third countries. Competent authorities should also cooperate with the competent authorities for the supervision and enforcement of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts. |
| --- | --- |

(53)

Taking into account the international character of deforestation, forest degradation
  , forest conversion
  and related trade, competent authorities should cooperate with each other, with customs authorities of the Member States, with the Commission, as well as with the administrative authorities of third countries. Competent authorities should also cooperate with the competent authorities for the supervision and enforcement of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts.

Amendment 74

Proposal for a regulation

Recital 53 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (53a) | In order to facilitate the access to factual, reliable and updated information on deforestation to operators, Member State authorities, and interested third country authorities, and to facilitate the compliance of economic operators with the requirements of this Regulation, the Commission should establish a platform covering the forest areas worldwide, featuring a range of tools to enable all parties to quickly move towards No-Deforestation across supply chains. The platform should include thematic maps, a land cover map with time series following the cut-off date established by this Regulation, and a range of classes allowing to examine landscape composition. The platform should also provide an alert system, relying upon a monthly monitoring of forest cover change, and a range of analyses and user-friendly and secured outputs, depicting how supply chains are linked to deforestation. In order to foster the use of the most accurate and timely information, to develop risk assessment and risk analyses, to improve checks on declarations and countries benchmarking, whilst developing a cooperative approach, the platform should be made available to all operators, Member State authorities, and interested third country authorities. The platform should use satellite imagery, including Copernicus Sentinel, which have the capability to provide the factual, reliable and updated information required. |

Text proposed by the Commission

Amendment

(53a)

In order to facilitate the access to factual, reliable and updated information on deforestation to operators, Member State authorities, and interested third country authorities, and to facilitate the compliance of economic operators with the requirements of this Regulation, the Commission should establish a platform covering the forest areas worldwide, featuring a range of tools to enable all parties to quickly move towards No-Deforestation across supply chains. The platform should include thematic maps, a land cover map with time series following the cut-off date established by this Regulation, and a range of classes allowing to examine landscape composition. The platform should also provide an alert system, relying upon a monthly monitoring of forest cover change, and a range of analyses and user-friendly and secured outputs, depicting how supply chains are linked to deforestation. In order to foster the use of the most accurate and timely information, to develop risk assessment and risk analyses, to improve checks on declarations and countries benchmarking, whilst developing a cooperative approach, the platform should be made available to all operators, Member State authorities, and interested third country authorities. The platform should use satellite imagery, including Copernicus Sentinel, which have the capability to provide the factual, reliable and updated information required.

Amendment 75

Proposal for a regulation

Recital 54

| Text proposed by the Commission | Amendment |
| --- | --- |
| (54) | While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated act. |

Text proposed by the Commission

Amendment

(54)

While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated act.

deleted

Amendment 76

Proposal for a regulation

Recital 55

| Text proposed by the Commission | Amendment |
| --- | --- |
| (55) | In order to ensure that information requirements with which operators have to comply and which are set out in this Regulation remain relevant and in line with scientific and technological developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing the information requirements necessary for the due diligence procedure, the information and criteria of risk assessment and risk mitigation with which operators have to comply which are set out in this Regulation and the list of goods set out in Annex I of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |

Text proposed by the Commission

Amendment

(55)

In order to ensure that information requirements with which operators have to comply and which are set out in this Regulation remain relevant and in line with scientific and technological developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing the information requirements necessary for the due diligence procedure, the information and criteria of risk assessment and risk mitigation with which operators have to comply which are set out in this Regulation and the list of goods set out in Annex I of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

| (55) | In order to ensure that information requirements with which operators have to comply and which are set out in this Regulation remain relevant and in line with scientific and technological developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing the information requirements necessary for the due diligence procedure, the information and criteria of risk assessment and risk mitigation with which operators have to comply which are set out in this Regulation and the list of goods set out in Annex I of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level
  and with stakeholders
  , and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
| --- | --- |

(55)

In order to ensure that information requirements with which operators have to comply and which are set out in this Regulation remain relevant and in line with scientific and technological developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing the information requirements necessary for the due diligence procedure, the information and criteria of risk assessment and risk mitigation with which operators have to comply which are set out in this Regulation and the list of goods set out in Annex I of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level
  and with stakeholders
  , and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 77

Proposal for a regulation

Recital 57

| Text proposed by the Commission | Amendment |
| --- | --- |
| (57) | Regulation (EC) No 2173/2005 lays down Union procedures for the implementation of a FLEGT licensing scheme through bilateral Voluntary Partnership Agreements (VPAs) with timber-producing countries. To respect bilateral commitments that the European Union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (FLEGT licensing stage), this Regulation should include a provision declaring wood and wood-based products covered by a valid FLEGT license as fulfilling the legality requirement under this Regulation. |

Text proposed by the Commission

Amendment

(57)

Regulation (EC) No 2173/2005 lays down Union procedures for the implementation of a FLEGT licensing scheme through bilateral Voluntary Partnership Agreements (VPAs) with timber-producing countries. To respect bilateral commitments that the European Union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (FLEGT licensing stage), this Regulation should include a provision declaring wood and wood-based products covered by a valid FLEGT license as fulfilling the legality requirement under this Regulation.

| (57) | Regulation (EC) No 2173/2005 lays down Union procedures for the implementation of a FLEGT licensing scheme through bilateral Voluntary Partnership Agreements (VPAs) with timber-producing countries
  . VPAs are intended to foster systemic changes in the forestry sector aimed at sustainable management of forests, eradicating illegal logging and supporting worldwide efforts to stop deforestation. VPAs provide an important legal framework for both the Union and its partner countries, made possible with the good cooperation and engagement by the countries concerned. New VPAs with additional partners should be promoted. This Regulation should build upon the work done under Regulation (EC) No 2173/2005 that continues to serve as an important mechanism to protect the world’s forests
  . To respect bilateral commitments that the European Union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (FLEGT licensing stage)
  and incentivise other partners to work towards reaching this stage
  , this Regulation should include a provision declaring wood and wood-based products covered by a valid FLEGT license as fulfilling the legality requirement under this Regulation
  , thus ensuring that this part of the due diligence requirement will be easily verified
  .
  The VPA partnerships should be supported with adequate resources and specific administrative and capacity building support. Regulation (EC) No 2173/2005 will also remain an important system to provide frameworks for multi-stakeholder consultations. |
| --- | --- |

(57)

Regulation (EC) No 2173/2005 lays down Union procedures for the implementation of a FLEGT licensing scheme through bilateral Voluntary Partnership Agreements (VPAs) with timber-producing countries
  . VPAs are intended to foster systemic changes in the forestry sector aimed at sustainable management of forests, eradicating illegal logging and supporting worldwide efforts to stop deforestation. VPAs provide an important legal framework for both the Union and its partner countries, made possible with the good cooperation and engagement by the countries concerned. New VPAs with additional partners should be promoted. This Regulation should build upon the work done under Regulation (EC) No 2173/2005 that continues to serve as an important mechanism to protect the world’s forests
  . To respect bilateral commitments that the European Union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (FLEGT licensing stage)
  and incentivise other partners to work towards reaching this stage
  , this Regulation should include a provision declaring wood and wood-based products covered by a valid FLEGT license as fulfilling the legality requirement under this Regulation
  , thus ensuring that this part of the due diligence requirement will be easily verified
  .
  The VPA partnerships should be supported with adequate resources and specific administrative and capacity building support. Regulation (EC) No 2173/2005 will also remain an important system to provide frameworks for multi-stakeholder consultations.

Amendment 78

Proposal for a regulation

Recital 57 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (57a) | The Commission should assist LDCs and SMEs in their understanding and implementation of, and compliance with, the standards set out in this Regulation, keeping cooperation open towards capacity-building with national, regional and local governments, civil society organisations and producers, especially small producers. |

Text proposed by the Commission

Amendment

(57a)

The Commission should assist LDCs and SMEs in their understanding and implementation of, and compliance with, the standards set out in this Regulation, keeping cooperation open towards capacity-building with national, regional and local governments, civil society organisations and producers, especially small producers.

Amendment 79

Proposal for a regulation

Recital 58

| Text proposed by the Commission | Amendment |
| --- | --- |
| (58) | While this Regulation addresses deforestation
  and
  forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent
  attention
  . An evaluation of
  the need and the feasibility of
  extending the scope of this Regulation to other ecosystems than forests should
  therefore
  be undertaken
  within 2 years
  of the entry into force of this Regulation. |

Text proposed by the Commission

Amendment

(58)

While this Regulation addresses deforestation
  and
  forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent
  attention
  . An evaluation of
  the need and the feasibility of
  extending the scope of this Regulation to other ecosystems than forests should
  therefore
  be undertaken
  within 2 years
  of the entry into force of this Regulation.

| (58) | While this Regulation addresses deforestation, forest degradation
  and forest conversion
  , as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change
  and the biodiversity crisis
  , as well as other sustainable development goals and their conversion or degradation require particular urgent
  action and need to be prevented
  .
  There is no doubt that Union consumption is a considerable driver also of the conversion and degradation of biodiverse and carbon-rich non-forest ecosystems around the globe. In order to reduce the Union’s footprint on all natural ecosystems,
  an evaluation of
  , and a legislative proposal to,
  extending the scope of this Regulation to other ecosystems than forests
  and other wooded land
  should be undertaken
  at the latest one year
  of the entry into force of this Regulation
  , for which the preparations should start at the latest at the day of entry into force of this Regulation
  .
  Further delaying to include other ecosystems in this Regulation risks shifting agricultural production from forests to non-forest ecosystems. The latter are also increasingly under pressure of conversion and degradation due to commodity production for the Union market. The Commission should also assess the need and feasibility of extending the scope to further commodities at the latest two years after the date of entry into force of this Regulation. At the same time, the Commission should also undertake a review of the relevant products listed in Annex I to this Regulation by way of delegated act. |
| --- | --- |

(58)

While this Regulation addresses deforestation, forest degradation
  and forest conversion
  , as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change
  and the biodiversity crisis
  , as well as other sustainable development goals and their conversion or degradation require particular urgent
  action and need to be prevented
  .
  There is no doubt that Union consumption is a considerable driver also of the conversion and degradation of biodiverse and carbon-rich non-forest ecosystems around the globe. In order to reduce the Union’s footprint on all natural ecosystems,
  an evaluation of
  , and a legislative proposal to,
  extending the scope of this Regulation to other ecosystems than forests
  and other wooded land
  should be undertaken
  at the latest one year
  of the entry into force of this Regulation
  , for which the preparations should start at the latest at the day of entry into force of this Regulation
  .
  Further delaying to include other ecosystems in this Regulation risks shifting agricultural production from forests to non-forest ecosystems. The latter are also increasingly under pressure of conversion and degradation due to commodity production for the Union market. The Commission should also assess the need and feasibility of extending the scope to further commodities at the latest two years after the date of entry into force of this Regulation. At the same time, the Commission should also undertake a review of the relevant products listed in Annex I to this Regulation by way of delegated act.

Amendment 80

Proposal for a regulation

Recital 58 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (58a) | Taking into account the request made by the European Parliament in its resolution ‘An EU legal framework to halt and reverse EU-driven global deforestation’ of 22 October 2020 and of the vast majority of the almost 1,2  million participants to the Commission’s public consultation on demand-driven deforestation and forest degradation and forest conversion to include non-forest ecosystems in this Regulation, the Commission should base its evaluation and legislative proposal for an extension of the scope of this Regulation to other ecosystems on the basis of the definitions of ‘natural ecosystems’, ‘natural ecosystem conversion’ and ‘forest and natural ecosystem degradation’ and the cut-off date of 31 December 2019, as laid down in this Regulation. |

Text proposed by the Commission

Amendment

(58a)

Taking into account the request made by the European Parliament in its resolution ‘An EU legal framework to halt and reverse EU-driven global deforestation’ of 22 October 2020 and of the vast majority of the almost 1,2  million participants to the Commission’s public consultation on demand-driven deforestation and forest degradation and forest conversion to include non-forest ecosystems in this Regulation, the Commission should base its evaluation and legislative proposal for an extension of the scope of this Regulation to other ecosystems on the basis of the definitions of ‘natural ecosystems’, ‘natural ecosystem conversion’ and ‘forest and natural ecosystem degradation’ and the cut-off date of 31 December 2019, as laid down in this Regulation.

Amendment 81

Proposal for a regulation

Recital 60

| Text proposed by the Commission | Amendment |
| --- | --- |
| (60) | Since the objective of this Regulation, fighting against deforestation
  and
  forest degradation by reducing the contribution of consumption in the Union, cannot be achieved by the Member States individually and can therefore, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |

Text proposed by the Commission

Amendment

(60)

Since the objective of this Regulation, fighting against deforestation
  and
  forest degradation by reducing the contribution of consumption in the Union, cannot be achieved by the Member States individually and can therefore, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (60) | Since the objective of this Regulation, fighting against deforestation, forest degradation
  and forest conversion
  by reducing the contribution of consumption in the Union
  and by incentivising deforestation reduction in producer countries
  , cannot be achieved by the Member States individually and can therefore, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(60)

Since the objective of this Regulation, fighting against deforestation, forest degradation
  and forest conversion
  by reducing the contribution of consumption in the Union
  and by incentivising deforestation reduction in producer countries
  , cannot be achieved by the Member States individually and can therefore, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

Amendment 82

Proposal for a regulation

Recital 61

| Text proposed by the Commission | Amendment |
| --- | --- |
| (61) | Operators, traders and competent authorities should be given a reasonable period in order to prepare themselves to meet the requirements of this Regulation, |

Text proposed by the Commission

Amendment

(61)

Operators, traders and competent authorities should be given a reasonable period in order to prepare themselves to meet the requirements of this Regulation,

| (61) | In order to avoid supply chain disruptions and reduce negative impacts on third countries, trade partners, and in particular smallholders,
  operators, traders and competent authorities should be given a reasonable period in order to prepare themselves to meet the requirements of this Regulation, |
| --- | --- |

(61)

In order to avoid supply chain disruptions and reduce negative impacts on third countries, trade partners, and in particular smallholders,
  operators, traders and competent authorities should be given a reasonable period in order to prepare themselves to meet the requirements of this Regulation,

Amendment 83

Proposal for a regulation

Article 1 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm
  , soya
  and wood (‘relevant commodities’)
  and
  products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities (‘relevant products’), with a view to | This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle,
  swine, sheep and goats, poultry,
  cocoa, coffee, oil palm
  and palm-oil based derivates, soya, maize, rubber,
  and wood (‘relevant commodities’)
  , and products, including charcoal and printed paper
  products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities (‘relevant products’), with a view to: |

Text proposed by the Commission

Amendment

This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm
  , soya
  and wood (‘relevant commodities’)
  and
  products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities (‘relevant products’), with a view to

This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle,
  swine, sheep and goats, poultry,
  cocoa, coffee, oil palm
  and palm-oil based derivates, soya, maize, rubber,
  and wood (‘relevant commodities’)
  , and products, including charcoal and printed paper
  products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities (‘relevant products’), with a view to:

Amendment 84

Proposal for a regulation

Article 1 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | minimising the Union’s contribution to deforestation
  and
  forest degradation worldwide |

Text proposed by the Commission

Amendment

(a)

minimising the Union’s contribution to deforestation
  and
  forest degradation worldwide

| (a) | minimising the Union’s contribution to deforestation. forest degradation
  and forest conversion
  worldwide; |
| --- | --- |

(a)

minimising the Union’s contribution to deforestation. forest degradation
  and forest conversion
  worldwide;

Amendment 85

Proposal for a regulation

Article 1 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | reducing the European Union’s contribution to greenhouse gas emissions and global biodiversity loss. |

Text proposed by the Commission

Amendment

(b)

reducing the European Union’s contribution to greenhouse gas emissions and global biodiversity loss.

| (b) | reducing the European Union’s contribution to greenhouse gas emissions and global biodiversity loss; |
| --- | --- |

(b)

reducing the European Union’s contribution to greenhouse gas emissions and global biodiversity loss;

Amendment 86

Proposal for a regulation

Article 1 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | contributing to a reduction in global deforestation. |

Text proposed by the Commission

Amendment

(ba)

contributing to a reduction in global deforestation.

Amendment 87

Proposal for a regulation

Article 1 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | This Regulation also lays down obligations for financial institutions headquartered or operating in the Union that provide financial services to natural or legal persons whose economic activities consist, or are linked to, the production, supply, placing on or export from the Union market of the relevant commodities and products within the meaning of this Article. |

Text proposed by the Commission

Amendment

This Regulation also lays down obligations for financial institutions headquartered or operating in the Union that provide financial services to natural or legal persons whose economic activities consist, or are linked to, the production, supply, placing on or export from the Union market of the relevant commodities and products within the meaning of this Article.

Amendment 88

Proposal for a regulation

Article 2 — paragraph 1 — point 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | ‘deforestation’ means
  the
  conversion
  of forest to agricultural use
  , whether human-induced or not; |

Text proposed by the Commission

Amendment

(1)

‘deforestation’ means
  the
  conversion
  of forest to agricultural use
  , whether human-induced or not;

| (1) | ‘deforestation’ means conversion, whether human-induced or not
  , of forests or other wooded land to agricultural use or to plantation forest
  ; |
| --- | --- |

(1)

‘deforestation’ means conversion, whether human-induced or not
  , of forests or other wooded land to agricultural use or to plantation forest
  ;

Amendment 89

Proposal for a regulation

Article 2 — paragraph 1 — point 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | ‘ecosystem conversion’ means the change of a natural ecosystem to another land use or change in a natural ecosystem’s species composition, structure or function; this includes severe degradation or the introduction of management practices that result in a substantial and sustained change in the ecosystem’s species composition, structure or function; |

Text proposed by the Commission

Amendment

(1a)

Amendment 90

Proposal for a regulation

Article 2 — paragraph 1 — point 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2a) | ‘agricultural use’ means the use of land for any or more of the following: cultivation of temporary or annual crops that have a growing cycle of one year or less; cultivation of permanent or perennial crops that have a growing cycle of more than one year, including tree crops; cultivation of permanent or temporary meadows or pastures as well as animal husbandry; and temporarily fallow land; |

Text proposed by the Commission

Amendment

(2a)

Amendment 91

Proposal for a regulation

Article 2 — paragraph 1 — point 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2b) | ‘other wooded land’ means land not classified as forest, spanning more than 0,5 hectares, with trees higher than 5 metres and a canopy cover of 5 to 10 percent, or trees able to reach these thresholds in situ, or with a combined cover of shrubs, bushes and trees above 10 percent, excluding land that is predominantly under agricultural or urban use; |

Text proposed by the Commission

Amendment

(2b)

Amendment 92

Proposal for a regulation

Article 2 — paragraph 1 — point 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | ‘natural ecosystem’ means an ecosystem, including a human-managed ecosystem, that substantially resembles, in terms of species composition, structure, and ecological function, an ecosystem that is or would be found in a given area in the absence of major human impacts; this includes, in particular, land with high carbon stocks and land with a high biodiversity value; |

Text proposed by the Commission

Amendment

(5a)

Amendment 93

Proposal for a regulation

Article 2 — paragraph 1 — point 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | ‘forest degradation’ means
  harvesting operations that are not sustainable and cause a
  reduction or loss of
  the biological or
  economic productivity and complexity of
  forest
  ecosystems,
  resulting in the long-term reduction of the overall supply of benefits from forest, which
  includes
  wood
  , biodiversity
  and other products
  or services; |

Text proposed by the Commission

Amendment

(6)

‘forest degradation’ means
  harvesting operations that are not sustainable and cause a
  reduction or loss of
  the biological or
  economic productivity and complexity of
  forest
  ecosystems,
  resulting in the long-term reduction of the overall supply of benefits from forest, which
  includes
  wood
  , biodiversity
  and other products
  or services;

| (6) | ‘forest
  and other natural ecosystem
  degradation’ means
  the
  reduction or loss of
  biological or
  economic productivity and complexity of
  forests and other wooded land and other natural
  ecosystems,
  affecting their species composition, structure or function, whether or not directly caused by humans; this
  includes
  illegal exploitation of forests
  ,
  other wooded land or other natural ecosystems as well as the use of management practices that result in a substantial or sustained impact on their capacity to support
  biodiversity or
  deliver ecosystem
  services; |
| --- | --- |

(6)

‘forest
  and other natural ecosystem
  degradation’ means
  the
  reduction or loss of
  biological or
  economic productivity and complexity of
  forests and other wooded land and other natural
  ecosystems,
  affecting their species composition, structure or function, whether or not directly caused by humans; this
  includes
  illegal exploitation of forests
  ,
  other wooded land or other natural ecosystems as well as the use of management practices that result in a substantial or sustained impact on their capacity to support
  biodiversity or
  deliver ecosystem
  services;

Amendment 94

Proposal for a regulation

Article 2 — paragraph 1 — point 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | ‘sustainable harvesting operations’ means harvesting that is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats; |

Text proposed by the Commission

Amendment

(7)

deleted

Amendment 95

Proposal for a regulation

Article 2 — paragraph 1 — point 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | ‘deforestation-free’ means |

Text proposed by the Commission

Amendment

(8)

‘deforestation-free’ means

| (8) | ‘deforestation-free’ means that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation
  , and have not induced or contributed to
  forest degradation
  or forest conversion
  after
  31 December 2019; |
| --- | --- |

(8)

‘deforestation-free’ means that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation
  , and have not induced or contributed to
  forest degradation
  or forest conversion
  after
  31 December 2019;

| (a) | that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation
  after December 31, 2020, and |
| --- | --- |

(a)

that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation
  after December 31, 2020, and

| (b) | that the wood has been harvested from the forest without inducing forest degradation
  after
  December 31, 2020; |
| --- | --- |

(b)

that the wood has been harvested from the forest without inducing forest degradation
  after
  December 31, 2020;

Amendment 240

Proposal for a regulation

Article 2 — paragraph 1 — point 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | ‘produced’ means grown, harvested,
  raised, fed from
  or obtained on relevant plot of land; |

Text proposed by the Commission

Amendment

(9)

‘produced’ means grown, harvested,
  raised, fed from
  or obtained on relevant plot of land;

| (9) | ‘produced’ means grown, harvested, or obtained on relevant plot of land
  , or, in the case of livestock, ‘produced’ means all relevant plots of land involved in the livestock rearing process
  ; |
| --- | --- |

(9)

‘produced’ means grown, harvested, or obtained on relevant plot of land
  , or, in the case of livestock, ‘produced’ means all relevant plots of land involved in the livestock rearing process
  ;

Amendment 96

Proposal for a regulation

Article 2 — paragraph 1 — point 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | ‘negligible risk’ means a full assessment of both the product-specific and the general information on compliance with
  Articles 3(a) and 3(b) by relevant commodities or products showing no cause for concern; |

Text proposed by the Commission

Amendment

(16)

‘negligible risk’ means a full assessment of both the product-specific and the general information on compliance with
  Articles 3(a) and 3(b) by relevant commodities or products showing no cause for concern;

| (16) | ‘negligible risk’ means
  the level of risk that applies to relevant commodities and products to be placed on, or exported from, the Union market where these commodities or products show no cause for concern on grounds of
  a full assessment of both the product-specific and the general information on compliance with
  Article 3 and the application of the appropriate mitigation measures; |
| --- | --- |

(16)

‘negligible risk’ means
  the level of risk that applies to relevant commodities and products to be placed on, or exported from, the Union market where these commodities or products show no cause for concern on grounds of
  a full assessment of both the product-specific and the general information on compliance with
  Article 3 and the application of the appropriate mitigation measures;

Amendment 97

Proposal for a regulation

Article 2 — paragraph 1 — point 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16a) | ‘meaningful engagement with stakeholders’ means understanding the concerns and interests of relevant stakeholders, in particular the most vulnerable groups such as smallholders and indigenous peoples, as well as local communities, including women, by consulting them directly in a manner that takes into account potential barriers to effective engagement; |

Text proposed by the Commission

Amendment

(16a)

Amendment 98

Proposal for a regulation

Article 2 — paragraph 1 — point 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | ‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation-free’ manner, or were not produced in accordance with the relevant
  legislation of the country of production, or both
  ; |

Text proposed by the Commission

Amendment

(18)

‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation-free’ manner, or were not produced in accordance with the relevant
  legislation of the country of production, or both
  ;

| (18) | ‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation-free’ manner, or were not produced in accordance with the relevant
  laws and standards, including those on the rights of indigenous peoples, tenure rights of local communities, and the right to free, prior and informed consent, and which were not covered by an accurate due diligence statement
  ; |
| --- | --- |

(18)

‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation-free’ manner, or were not produced in accordance with the relevant
  laws and standards, including those on the rights of indigenous peoples, tenure rights of local communities, and the right to free, prior and informed consent, and which were not covered by an accurate due diligence statement
  ;

Amendment 99

Proposal for a regulation

Article 2 — paragraph 1 — point 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | ‘substantiated concern’ means
  well-founded
  claim based on objective and verifiable information regarding non-compliance with the present Regulation and which may require the intervention of competent authorities; |

Text proposed by the Commission

Amendment

(21)

‘substantiated concern’ means
  well-founded
  claim based on objective and verifiable information regarding non-compliance with the present Regulation and which may require the intervention of competent authorities;

| (21) | ‘substantiated concern’ means
  a
  claim based on objective and verifiable information regarding non-compliance with the present Regulation and which may require the intervention of competent authorities; |
| --- | --- |

(21)

‘substantiated concern’ means
  a
  claim based on objective and verifiable information regarding non-compliance with the present Regulation and which may require the intervention of competent authorities;

Amendment 100

Proposal for a regulation

Article 2 — paragraph 1 — point 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | ‘relevant
  legislation of the country of production
  ’ means the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production; |

Text proposed by the Commission

Amendment

(28)

‘relevant
  legislation of the country of production
  ’ means the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production;

| (28) | ‘relevant
  laws and standards
  ’ means: |
| --- | --- |

(28)

‘relevant
  laws and standards
  ’ means:

| (a) | the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production; |
| --- | --- |

(a)

the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production;

| (b) | human rights protected under international law, in particular instruments protecting customary tenure rights and the right to free, prior and informed consent (FPIC), as set out in, inter alia, the UN Declaration on the Rights of Indigenous Peoples, the UN Permanent Forum on Indigenous Issues and existing binding international agreements, the Indigenous and Tribal Peoples Convention (No 169, 1989), which cover the right to environmental protection, the right to defend the environment, free from any form of persecution and harassment, and other internationally recognised human rights related to land use, access or ownership; |
| --- | --- |

(b)

human rights protected under international law, in particular instruments protecting customary tenure rights and the right to free, prior and informed consent (FPIC), as set out in, inter alia, the UN Declaration on the Rights of Indigenous Peoples, the UN Permanent Forum on Indigenous Issues and existing binding international agreements, the Indigenous and Tribal Peoples Convention (No 169, 1989), which cover the right to environmental protection, the right to defend the environment, free from any form of persecution and harassment, and other internationally recognised human rights related to land use, access or ownership;

Amendment 101

Proposal for a regulation

Article 2 — paragraph 1 — point 28 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28a) | ‘free, prior and informed consent (FPIC)’ means a collective human right of indigenous peoples and local communities to give and withhold their consent prior to the commencement of any activity that may affect their rights, land, resources, territories, livelihoods, and food security; it is a right exercised through representatives of their own choosing and in a manner consistent with their own customs, values, and norms. |

Text proposed by the Commission

Amendment

(28a)

Amendment 102

Proposal for a regulation

Article 2 — paragraph 1 — point 28 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28b) | ‘human rights defenders’ means individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms; human rights defenders seek the promotion and protection of civil and political rights as well as the promotion, protection and realisation of economic, social and cultural rights; human rights defenders also promote and protect the rights of members of groups such as indigenous communities; |

Text proposed by the Commission

Amendment

(28b)

Amendment 103

Proposal for a regulation

Article 2 — paragraph 1 — point 28 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28c) | ‘environmental human rights defenders’ means individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, including water, air, land, flora and fauna; |

Text proposed by the Commission

Amendment

(28c)

Amendment 104

Proposal for a regulation

Article 3 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | they have been produced in accordance with the relevant
  legislation of the country of production;
  and |

Text proposed by the Commission

Amendment

(b)

they have been produced in accordance with the relevant
  legislation of the country of production;
  and

| (b) | they have been produced in accordance with the relevant
  laws and standards, as defined in Article 2, point (28);
  and |
| --- | --- |

(b)

they have been produced in accordance with the relevant
  laws and standards, as defined in Article 2, point (28);
  and

Amendment 105

Proposal for a regulation

Article 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 3a




  Financial institutions shall provide financial services to customers only when thefinancial institutions conclude that there is no more than a negligible risk that the services in question potentially provide support directly or indirectly to activities leading to deforestation, forest degradation or forest conversion. |

Text proposed by the Commission

Amendment

Article 3a

Financial institutions shall provide financial services to customers only when thefinancial institutions conclude that there is no more than a negligible risk that the services in question potentially provide support directly or indirectly to activities leading to deforestation, forest degradation or forest conversion.

Amendment 106

Amendment 106

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1

Article 4 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Operators shall exercise due diligence prior to placing relevant commodities and products on or prior to their export from the Union market in order to ensure their compliance with Article
  3(a) and (b)
  . To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8. | 1.   Operators shall exercise due diligence prior to placing relevant commodities and products on or prior to their export from the Union market in order to ensure their compliance with Article
  3
  . To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Operators shall exercise due diligence prior to placing relevant commodities and products on or prior to their export from the Union market in order to ensure their compliance with Article
  3(a) and (b)
  . To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8.

1.   Operators shall exercise due diligence prior to placing relevant commodities and products on or prior to their export from the Union market in order to ensure their compliance with Article
  3
  . To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8.

Amendment 107

Amendment 107

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 2

Article 4 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Operators that by exercising due diligence as referred to in Article 8 have come to the conclusion that the relevant commodities and products comply with the requirements of this Regulation shall make available to the competent authorities via the information system referred to in Article 31 a due diligence statement before placing on the Union market or exporting the relevant commodities and products. That statement shall confirm that due diligence was carried out
  and
  no or only negligible risk was found
  and
  shall contain the information set out in Annex II for the relevant commodities and products. | 2.   Operators that by exercising due diligence as referred to in Article 8 have come to the conclusion that the relevant commodities and products comply with the requirements of this Regulation shall make available to the competent authorities via the information system referred to in Article 31 a due diligence statement before placing on the Union market or exporting the relevant commodities and products. That
  electronically available, transmittable and certified
  statement shall confirm that due diligence was carried out
  , disclose the steps that were taken in this regard to verify the compliance of the relevant commodities and products with this Regulation, and explain the assessment as to why
  no or only negligible risk was found
  . It
  shall
  also
  contain the information set out in Annex II for the relevant commodities and products.
  Operators shall, without undue delay, publish and make available the statements and certification for administrative, civic and scientific scrutiny, taking into account data protection rules,. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Operators that by exercising due diligence as referred to in Article 8 have come to the conclusion that the relevant commodities and products comply with the requirements of this Regulation shall make available to the competent authorities via the information system referred to in Article 31 a due diligence statement before placing on the Union market or exporting the relevant commodities and products. That statement shall confirm that due diligence was carried out
  and
  no or only negligible risk was found
  and
  shall contain the information set out in Annex II for the relevant commodities and products.

2.   Operators that by exercising due diligence as referred to in Article 8 have come to the conclusion that the relevant commodities and products comply with the requirements of this Regulation shall make available to the competent authorities via the information system referred to in Article 31 a due diligence statement before placing on the Union market or exporting the relevant commodities and products. That
  electronically available, transmittable and certified
  statement shall confirm that due diligence was carried out
  , disclose the steps that were taken in this regard to verify the compliance of the relevant commodities and products with this Regulation, and explain the assessment as to why
  no or only negligible risk was found
  . It
  shall
  also
  contain the information set out in Annex II for the relevant commodities and products.
  Operators shall, without undue delay, publish and make available the statements and certification for administrative, civic and scientific scrutiny, taking into account data protection rules,.

Amendment 108

Amendment 108

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 3

Article 4 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   
  By making available the due diligence statement,
  the operator assumes responsibility for the compliance of the relevant commodity or product with the requirements of this Regulation. Operators shall keep record of the due diligence statements for 5 years from the date of making available via the information system referred to in Article 31. | 3.   The operator assumes responsibility for the compliance of the relevant commodity or product with the requirements of this Regulation. Operators shall
  therefore undertake reasonable, documented efforts to support the compliance of smallholders with the provisions and requirements set out in this Regulation. They shall
  keep record of the due diligence statements for 5 years from the date of making available via the information system referred to in Article 31
  and share the due diligence statements with subsequent operators and traders in the supply chain
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   
  By making available the due diligence statement,
  the operator assumes responsibility for the compliance of the relevant commodity or product with the requirements of this Regulation. Operators shall keep record of the due diligence statements for 5 years from the date of making available via the information system referred to in Article 31.

3.   The operator assumes responsibility for the compliance of the relevant commodity or product with the requirements of this Regulation. Operators shall
  therefore undertake reasonable, documented efforts to support the compliance of smallholders with the provisions and requirements set out in this Regulation. They shall
  keep record of the due diligence statements for 5 years from the date of making available via the information system referred to in Article 31
  and share the due diligence statements with subsequent operators and traders in the supply chain
  .

Amendment 109

Amendment 109

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 5 — point a

Article 4 — paragraph 5 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the relevant commodities and products are not compliant with
  Article 3(a) or (b); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the relevant commodities and products are not compliant with
  Article 3(a) or (b);

Article 3(a) or (b);

| (a) | the relevant commodities and products are not compliant with
  Article 3; |
| --- | --- |

(a)

the relevant commodities and products are not compliant with
  Article 3;

Article 3;

Amendment 110

Amendment 110

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 5 — point b

Article 4 — paragraph 5 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the exercise of due diligence has revealed a non-negligible risk that the relevant commodities and products are not compliant with
  Article 3(a) or (b); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the exercise of due diligence has revealed a non-negligible risk that the relevant commodities and products are not compliant with
  Article 3(a) or (b);

Article 3(a) or (b);

| (b) | the exercise of due diligence has revealed a non-negligible risk that the relevant commodities and products are not compliant with
  Article 3; |
| --- | --- |

(b)

the exercise of due diligence has revealed a non-negligible risk that the relevant commodities and products are not compliant with
  Article 3;

Article 3;

Amendment 111

Amendment 111

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 5 a (new)

Article 4 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  Operators shall have a system in place for receiving substantiated concerns from interested parties and shall thoroughly investigate all substantiated concerns introduced in accordance with that system. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  Operators shall have a system in place for receiving substantiated concerns from interested parties and shall thoroughly investigate all substantiated concerns introduced in accordance with that system.

Amendment 112

Amendment 112

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 6

Article 4 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Operators that have received new information, including substantiated concerns, that the relevant commodity or product that they have already placed on the market is
  not
  in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production. | 6.   Operators that have received
  or detected relevant
  new information, including substantiated concerns,
  or information provided via the rapid alert mechanisms, that indicate a non-negligible risk
  that the relevant commodity or product that they have already placed on the market is
  at risk of not being
  in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market
  , as well as traders to whom they have supplied the relevant commodity or product with a view to preventing further circulation on, or export from, the Union market
  . In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   Operators that have received new information, including substantiated concerns, that the relevant commodity or product that they have already placed on the market is
  not
  in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.

6.   Operators that have received
  or detected relevant
  new information, including substantiated concerns,
  or information provided via the rapid alert mechanisms, that indicate a non-negligible risk
  that the relevant commodity or product that they have already placed on the market is
  at risk of not being
  in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market
  , as well as traders to whom they have supplied the relevant commodity or product with a view to preventing further circulation on, or export from, the Union market
  . In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.

Amendment 113

Amendment 113

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 7

Article 4 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   Operators shall offer all assistance necessary to competent authorities to facilitate the performance of the checks under Article 15, including as regards access to premises and the presentation of documentation or records. | 7.   
  The competent authorities shall verify the due diligence system of operators on an annual basis.
  Operators shall
  also
  offer all assistance necessary to competent authorities to facilitate the performance of the checks under Article 15, including as regards access to premises and the presentation of documentation or records. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   Operators shall offer all assistance necessary to competent authorities to facilitate the performance of the checks under Article 15, including as regards access to premises and the presentation of documentation or records.

7.   
  The competent authorities shall verify the due diligence system of operators on an annual basis.
  Operators shall
  also
  offer all assistance necessary to competent authorities to facilitate the performance of the checks under Article 15, including as regards access to premises and the presentation of documentation or records.

Amendment 114

Amendment 114

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 7 a (new)

Article 4 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7a.
     
  Operators shall take the necessary measures: |
| | (a) | to engage meaningfully with vulnerable stakeholders, such as smallholders, indigenous peoples and local communities, in their supply chain; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7a.
     
  Operators shall take the necessary measures:

(a)

(a)

to engage meaningfully with vulnerable stakeholders, such as smallholders, indigenous peoples and local communities, in their supply chain;

to engage meaningfully with vulnerable stakeholders, such as smallholders, indigenous peoples and local communities, in their supply chain;

| (b) | to ensure that those vulnerable stakeholders receive adequate assistance and fair remuneration so that their commodities and products can comply with the rules, in particular with regard to the geolocation requirement, and to ensure that the costs resulting from the implementation of this Regulation are fairly shared among the different actors in the value chain; and |
| --- | --- |

(b)

(b)

to ensure that those vulnerable stakeholders receive adequate assistance and fair remuneration so that their commodities and products can comply with the rules, in particular with regard to the geolocation requirement, and to ensure that the costs resulting from the implementation of this Regulation are fairly shared among the different actors in the value chain; and

to ensure that those vulnerable stakeholders receive adequate assistance and fair remuneration so that their commodities and products can comply with the rules, in particular with regard to the geolocation requirement, and to ensure that the costs resulting from the implementation of this Regulation are fairly shared among the different actors in the value chain; and

| (c) | to follow through on implementation of agreed commitments, ensuring that adverse impacts on identified vulnerable stakeholders are addressed. |
| --- | --- |

(c)

(c)

to follow through on implementation of agreed commitments, ensuring that adverse impacts on identified vulnerable stakeholders are addressed.

to follow through on implementation of agreed commitments, ensuring that adverse impacts on identified vulnerable stakeholders are addressed.

Amendment 115

Amendment 115

Proposal for a regulation

Proposal for a regulation

Article 4 a (new)

Article 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 4a |
| | Obligations of traders and exemptions for SME traders |
| | 1.
     
  Traders which are SMEs may only make available relevant commodities and products on the market if they are in possession of the information required under paragraph 3. |
| | 2.
     
  Traders which are not SMEs shall be considered to be operators and shall be subject to the obligations and provisions set out in Articles 3, 4, 5, 8 to 12, Article 14(9), and Articles 15 and 20 of this Regulation with regard to the relevant commodities and products they make available in the Union market. |
| | 3.
     
  Traders which are SMEs shall collect and keep the following information relating to the relevant commodities and products they intend to make available on the market: |
| | (a) | the name, registered trade name or registered trade mark, postal address, email and, if available, a web address of the operators or the traders who have supplied the relevant commodities and products to them; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 4a

Article 4a

Obligations of traders and exemptions for SME traders

Obligations of traders and exemptions for SME traders

1.
     
  Traders which are SMEs may only make available relevant commodities and products on the market if they are in possession of the information required under paragraph 3.

2.
     
  Traders which are not SMEs shall be considered to be operators and shall be subject to the obligations and provisions set out in Articles 3, 4, 5, 8 to 12, Article 14(9), and Articles 15 and 20 of this Regulation with regard to the relevant commodities and products they make available in the Union market.

3.
     
  Traders which are SMEs shall collect and keep the following information relating to the relevant commodities and products they intend to make available on the market:

(a)

(a)

the name, registered trade name or registered trade mark, postal address, email and, if available, a web address of the operators or the traders who have supplied the relevant commodities and products to them;

the name, registered trade name or registered trade mark, postal address, email and, if available, a web address of the operators or the traders who have supplied the relevant commodities and products to them;

| (b) | the name, registered trade name or registered trade mark, postal address, email and, if available, a web address of the traders to whom they have supplied the relevant commodities and products. |
| --- | --- |

(b)

(b)

the name, registered trade name or registered trade mark, postal address, email and, if available, a web address of the traders to whom they have supplied the relevant commodities and products.

the name, registered trade name or registered trade mark, postal address, email and, if available, a web address of the traders to whom they have supplied the relevant commodities and products.

4.
     
  Traders which are SMEs shall keep the information referred to in this Article for at least 5 years and shall provide that information to the competent authorities upon request.

5.
     
  Traders which are SMEs that have received or detected relevant new information, including substantiated concerns, which indicates a non-negligible risk that the relevant commodity or product that they have already made available on the market is not in conformity with the requirements of this Regulation, shall immediately inform the competent authorities of the Member States in which they made available on the market the relevant commodity or product.

6.
     
  Traders, whether or not they are SMEs, shall offer all assistance necessary to competent authorities to facilitate the performance of the checks under Article 16, including as regards access to premises and the presentation of documentation or records.

7.
     
  The Commission may provide SMEs which do not have the means to meet the requirements under this Article with technical assistance.

Amendment 116

Amendment 116

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2

Article 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The authorised representative shall, upon request, provide a copy of the mandate in an official language of the European Union to the competent authorities. | 2.   The authorised representative shall, upon request, provide a copy of the mandate in an official language of the European Union to the competent authorities
  and a copy in the language of the Member State in which the due diligence statement is handled or, failing that, in English
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The authorised representative shall, upon request, provide a copy of the mandate in an official language of the European Union to the competent authorities.

2.   The authorised representative shall, upon request, provide a copy of the mandate in an official language of the European Union to the competent authorities
  and a copy in the language of the Member State in which the due diligence statement is handled or, failing that, in English
  .

Amendment 117

Amendment 117

Proposal for a regulation

Proposal for a regulation

Article 6

Article 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 6 | Deleted |
| Obligations of traders | |
| 1.
     
  Traders which are SMEs may only make available on the market relevant commodities and products if they are in possession of the information required under paragraph 2. | |
| 2.
     
  Traders which are SMEs shall collect and keep the following information relating to the relevant commodities and products they intend to make available on the market: | |
| (a) | the name, registered trade name or registered trade mark, the postal address, the email and, if available, a web address of the operators or the traders who have supplied the relevant commodities and products to them; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 6

Article 6

Deleted

Deleted

Obligations of traders

Obligations of traders

1.
     
  Traders which are SMEs may only make available on the market relevant commodities and products if they are in possession of the information required under paragraph 2.

2.
     
  Traders which are SMEs shall collect and keep the following information relating to the relevant commodities and products they intend to make available on the market:

(a)

(a)

the name, registered trade name or registered trade mark, the postal address, the email and, if available, a web address of the operators or the traders who have supplied the relevant commodities and products to them;

the name, registered trade name or registered trade mark, the postal address, the email and, if available, a web address of the operators or the traders who have supplied the relevant commodities and products to them;

| (b) | the name, registered trade name or registered trade mark, the postal address, the email and, if available, a web address of the traders to whom they have supplied the relevant commodities and products. |
| --- | --- |

(b)

(b)

the name, registered trade name or registered trade mark, the postal address, the email and, if available, a web address of the traders to whom they have supplied the relevant commodities and products.

the name, registered trade name or registered trade mark, the postal address, the email and, if available, a web address of the traders to whom they have supplied the relevant commodities and products.

3.
     
  Traders which are SMEs shall keep the information referred to in this Article for at least 5 years and shall provide that information to the competent authorities upon request.

4.
     
  Traders which are SMEs that have received new information, including substantiated concerns, that the relevant commodity or product that they have already made available on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they made available the relevant commodity or product on the market.

5.
     
  Traders which are not SMEs shall be considered operators and be subject to obligations and provisions in Articles 3, 4, 5, 8 to 12, 14(9), 15 and 20 of this Regulation with regard to the relevant commodities and products that they make available in the Union market.

6.
     
  Traders shall offer all assistance necessary to competent authorities to facilitate the performance of the checks under Article 16, including as regards access to premises and the presentation of documentation or records.

Amendment 118

Amendment 118

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1

Article 7 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 7 | Article 7 |
| Placing on the market by operators established in third countries | Placing on the market by operators established in third countries |
| In case a natural or legal person established outside the Union places on the Union market relevant commodities and products, the first natural or legal person established in the Union who buys or takes possession of such relevant commodities and products shall be considered operator within the meaning of this Regulation. | In case a natural or legal person
  , regardless of size,
  established outside the Union places on the Union market relevant commodities and products, the first natural or legal person established in the Union who buys or takes possession of such relevant commodities and products shall be considered operator within the meaning of this Regulation. |
| | If no manufacturer or importer is established in the Union, online marketplaces shall comply with the obligations set out in Articles 8 to 11 for products and commodities for which they facilitate the sale. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 7

Article 7

Placing on the market by operators established in third countries

Placing on the market by operators established in third countries

In case a natural or legal person established outside the Union places on the Union market relevant commodities and products, the first natural or legal person established in the Union who buys or takes possession of such relevant commodities and products shall be considered operator within the meaning of this Regulation.

In case a natural or legal person
  , regardless of size,
  established outside the Union places on the Union market relevant commodities and products, the first natural or legal person established in the Union who buys or takes possession of such relevant commodities and products shall be considered operator within the meaning of this Regulation.

, regardless of size,

If no manufacturer or importer is established in the Union, online marketplaces shall comply with the obligations set out in Articles 8 to 11 for products and commodities for which they facilitate the sale.

If no manufacturer or importer is established in the Union, online marketplaces shall comply with the obligations set out in Articles 8 to 11 for products and commodities for which they facilitate the sale.

Amendment 119

Amendment 119

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.
     
  Product components that have already undergone due diligence compliance in accordance with Article 4(1) shall not require an additional due diligence procedure. For components that have not been covered by a due diligence procedure, the due diligence requirements shall still apply. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Product components that have already undergone due diligence compliance in accordance with Article 4(1) shall not require an additional due diligence procedure. For components that have not been covered by a due diligence procedure, the due diligence requirements shall still apply.

Amendment 120

Amendment 120

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1 — introductory part

Article 9 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Operators shall collect information, documents and data demonstrating that the relevant commodities and products are compliant with Article 3. For this purpose, the operator shall collect, organise and keep for 5 years the following information relating to
  the
  relevant
  commodities or products
  , supported by evidence: | Operators shall collect information, documents and data demonstrating that the relevant commodities and products are compliant with Article 3. For this purpose, the operator shall collect, organise and keep for 5 years the following information relating to
  each
  relevant
  commodity or product placed on the Union market or exported from the Union
  , supported by evidence: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Operators shall collect information, documents and data demonstrating that the relevant commodities and products are compliant with Article 3. For this purpose, the operator shall collect, organise and keep for 5 years the following information relating to
  the
  relevant
  commodities or products
  , supported by evidence:

the

commodities or products

Operators shall collect information, documents and data demonstrating that the relevant commodities and products are compliant with Article 3. For this purpose, the operator shall collect, organise and keep for 5 years the following information relating to
  each
  relevant
  commodity or product placed on the Union market or exported from the Union
  , supported by evidence:

each

commodity or product placed on the Union market or exported from the Union

Amendment 121

Amendment 121

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1 — point a

Article 9 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | description, including the trade name and type of relevant commodities and products as well as, where applicable, the common name of the species and its full scientific name; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

description, including the trade name and type of relevant commodities and products as well as, where applicable, the common name of the species and its full scientific name;

| (a) | description, including the trade name and type of relevant commodities and products as well as, where applicable, the common name of the species and its full scientific name;
  the product description shall include the list of commodities contained therein or used to make those products; for animal products the description shall include the list of commodities used to feed the animals; |
| --- | --- |

(a)

description, including the trade name and type of relevant commodities and products as well as, where applicable, the common name of the species and its full scientific name;
  the product description shall include the list of commodities contained therein or used to make those products; for animal products the description shall include the list of commodities used to feed the animals;

the product description shall include the list of commodities contained therein or used to make those products; for animal products the description shall include the list of commodities used to feed the animals;

Amendment 122

Amendment 122

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1 — point c

Article 9 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | identification of the country of production; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

identification of the country of production;

| (c) | identification of the country of production
  or parts thereof
  ; |
| --- | --- |

(c)

identification of the country of production
  or parts thereof
  ;

or parts thereof

Amendment 123

Amendment 123

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1 — point d

Article 9 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | geo-localisation
  coordinates, latitude and longitude
  of
  all plots of land where the relevant commodities and products were produced,
  as well as
  date or time range of production; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

geo-localisation
  coordinates, latitude and longitude
  of
  all plots of land where the relevant commodities and products were produced,
  as well as
  date or time range of production;

geo-localisation

of

as well as

| (d) | geolocation
  coordinates, latitude and longitude
  for
  all plots of land where the relevant commodities and products were produced,
  or the geolocation coordinates, latitude and longitude of all points of a polygon for the plots of land where the relevant commodities and products were produced; any deforestation or degradation in the given plots of land, either identified by a single point of latitude and longitude or by polygon, shall automatically disqualify all products and commodities from those plots of land from being placed and made available on the market or exported therefrom; operators shall provide the
  date or time range
  or harvesting season
  of production
  of the commodity or product
  ;
  the Commission is empowered to adopt delegated acts in order to supplement this Regulation with regard to the size of the plots of land above which companies are required to provide polygons as the only means of geolocation for the relevant commodities and products; |
| --- | --- |

(d)

geolocation
  coordinates, latitude and longitude
  for
  all plots of land where the relevant commodities and products were produced,
  or the geolocation coordinates, latitude and longitude of all points of a polygon for the plots of land where the relevant commodities and products were produced; any deforestation or degradation in the given plots of land, either identified by a single point of latitude and longitude or by polygon, shall automatically disqualify all products and commodities from those plots of land from being placed and made available on the market or exported therefrom; operators shall provide the
  date or time range
  or harvesting season
  of production
  of the commodity or product
  ;
  the Commission is empowered to adopt delegated acts in order to supplement this Regulation with regard to the size of the plots of land above which companies are required to provide polygons as the only means of geolocation for the relevant commodities and products;

geolocation

for

or the geolocation coordinates, latitude and longitude of all points of a polygon for the plots of land where the relevant commodities and products were produced; any deforestation or degradation in the given plots of land, either identified by a single point of latitude and longitude or by polygon, shall automatically disqualify all products and commodities from those plots of land from being placed and made available on the market or exported therefrom; operators shall provide the

or harvesting season

of the commodity or product

the Commission is empowered to adopt delegated acts in order to supplement this Regulation with regard to the size of the plots of land above which companies are required to provide polygons as the only means of geolocation for the relevant commodities and products;

Amendment 124

Amendment 124

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1 — point h

Article 9 — paragraph 1 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of production
  , including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of production
  , including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity;

, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity;

| (h) | adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of production
  as well as the relevant laws and standards, as defined in Article 2, point (28); |
| --- | --- |

(h)

adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of production
  as well as the relevant laws and standards, as defined in Article 2, point (28);

as well as the relevant laws and standards, as defined in Article 2, point (28);

Amendment 125

Amendment 125

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1 — point h a (new)

Article 9 — paragraph 1 — point h a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ha) | adequate and verifiable information, obtained via independent audits and appropriate consultation processes, that the area used for the purpose of producing the relevant commodities and products is not subject to any claims on the basis of indigenous, customary or other legitimate tenure rights or subject to any dispute regarding their use, ownership or occupation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ha)

(ha)

adequate and verifiable information, obtained via independent audits and appropriate consultation processes, that the area used for the purpose of producing the relevant commodities and products is not subject to any claims on the basis of indigenous, customary or other legitimate tenure rights or subject to any dispute regarding their use, ownership or occupation;

adequate and verifiable information, obtained via independent audits and appropriate consultation processes, that the area used for the purpose of producing the relevant commodities and products is not subject to any claims on the basis of indigenous, customary or other legitimate tenure rights or subject to any dispute regarding their use, ownership or occupation;

Amendment 126

Amendment 126

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1 — point h b (new)

Article 9 — paragraph 1 — point h b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (hb) | adequate and verifiable information disclosing the views of any indigenous peoples, local communities and other groups that claim tenure rights in respect of the area used for the purpose of producing the relevant commodities and products regarding the production of those relevant commodities and products. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(hb)

(hb)

adequate and verifiable information disclosing the views of any indigenous peoples, local communities and other groups that claim tenure rights in respect of the area used for the purpose of producing the relevant commodities and products regarding the production of those relevant commodities and products.

adequate and verifiable information disclosing the views of any indigenous peoples, local communities and other groups that claim tenure rights in respect of the area used for the purpose of producing the relevant commodities and products regarding the production of those relevant commodities and products.

Amendment 127

Amendment 127

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.
     
  Financial institutions shall collect the information, documents and data demonstrating that the provision of financial services to customers complies with Article 11a. The information, documents and data shall include, at least: |
| | (a) | a description of the customer’s economic activities, of the activities of entities controlled by the customer, of the economic activities of the customers’ suppliers; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Financial institutions shall collect the information, documents and data demonstrating that the provision of financial services to customers complies with Article 11a. The information, documents and data shall include, at least:

(a)

(a)

a description of the customer’s economic activities, of the activities of entities controlled by the customer, of the economic activities of the customers’ suppliers;

a description of the customer’s economic activities, of the activities of entities controlled by the customer, of the economic activities of the customers’ suppliers;

| (b) | information on the relevant commodities and products placed on, made available on or exported from the Union market and on the related exercise of due diligence under this Regulation; |
| --- | --- |

(b)

(b)

information on the relevant commodities and products placed on, made available on or exported from the Union market and on the related exercise of due diligence under this Regulation;

information on the relevant commodities and products placed on, made available on or exported from the Union market and on the related exercise of due diligence under this Regulation;

| (c) | use, for the activities under point (a) of relevant commodities and products, including information on the relevant commodities and products effectively used and on the related exercise of due diligence under this Regulation; |
| --- | --- |

(c)

(c)

use, for the activities under point (a) of relevant commodities and products, including information on the relevant commodities and products effectively used and on the related exercise of due diligence under this Regulation;

use, for the activities under point (a) of relevant commodities and products, including information on the relevant commodities and products effectively used and on the related exercise of due diligence under this Regulation;

| (d) | policies adopted, and implemented by the customer and by the entities and suppliers referred to under point (a) with a view to ensuring that their activities do not cause deforestation, forest degradation or forest conversion; |
| --- | --- |

(d)

(d)

policies adopted, and implemented by the customer and by the entities and suppliers referred to under point (a) with a view to ensuring that their activities do not cause deforestation, forest degradation or forest conversion;

policies adopted, and implemented by the customer and by the entities and suppliers referred to under point (a) with a view to ensuring that their activities do not cause deforestation, forest degradation or forest conversion;

| (e) | identification of the country of production and geo-localisation coordinates, latitude and longitude of all plots of land where the relevant commodities and products are to be produced. |
| --- | --- |

(e)

(e)

identification of the country of production and geo-localisation coordinates, latitude and longitude of all plots of land where the relevant commodities and products are to be produced.

identification of the country of production and geo-localisation coordinates, latitude and longitude of all plots of land where the relevant commodities and products are to be produced.

Amendments 128 and 253

Amendments 128 and 253

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3

Article 9 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   
  The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1 concerning further relevant information to be obtained that may be necessary to ensure the effectiveness of the due diligence system. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   
  The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1 concerning further relevant information to be obtained that may be necessary to ensure the effectiveness of the due diligence system.

deleted

deleted

Amendment 129

Amendment 129

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.
     
  The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1 and paragraph 1a concerning further relevant information to be obtained that may be necessary to ensure the effectiveness of the due diligence system. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1 and paragraph 1a concerning further relevant information to be obtained that may be necessary to ensure the effectiveness of the due diligence system.

Amendment 130

Amendment 130

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1

Article 10 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Operators shall verify and analyse information collected in accordance with Article 9 and any other relevant documentation, and on this basis carry out a risk assessment to establish whether there is a risk that the relevant commodities and products intended to be placed on or exported from the Union market are non-compliant with the requirements of this Regulation. If the operators cannot demonstrate that the risk of non-compliance is negligible, they shall not place the relevant commodity or product on the Union market nor export it. | 1.   Operators
  and financial institutions
  shall verify and analyse information collected in accordance with Article 9 and any other relevant documentation, and on this basis carry out a risk assessment to establish whether there is a risk that the relevant commodities and products intended to be placed on or exported from the Union market are non-compliant with the requirements of this Regulation.
  Where an operator is not able to adequately collect the information required by this Regulation, it shall have the right to request clarification or assistance on implementation from the competent authority.
  If the operators cannot demonstrate that the risk of non-compliance is negligible, they shall not place the relevant commodity or product on the Union market nor export it.
  If the financial institutions cannot conclude that the risk of non-compliance is negligible, they shall not provide financial services to the concerned customers. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Operators shall verify and analyse information collected in accordance with Article 9 and any other relevant documentation, and on this basis carry out a risk assessment to establish whether there is a risk that the relevant commodities and products intended to be placed on or exported from the Union market are non-compliant with the requirements of this Regulation. If the operators cannot demonstrate that the risk of non-compliance is negligible, they shall not place the relevant commodity or product on the Union market nor export it.

1.   Operators
  and financial institutions
  shall verify and analyse information collected in accordance with Article 9 and any other relevant documentation, and on this basis carry out a risk assessment to establish whether there is a risk that the relevant commodities and products intended to be placed on or exported from the Union market are non-compliant with the requirements of this Regulation.
  Where an operator is not able to adequately collect the information required by this Regulation, it shall have the right to request clarification or assistance on implementation from the competent authority.
  If the operators cannot demonstrate that the risk of non-compliance is negligible, they shall not place the relevant commodity or product on the Union market nor export it.
  If the financial institutions cannot conclude that the risk of non-compliance is negligible, they shall not provide financial services to the concerned customers.

Amendment 131

Amendment 131

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — point b a (new)

Article 10 — paragraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the presence of vulnerable peoples, indigenous peoples, local communities and other customary tenure rights holders in the country and part thereof of the relevant commodity or product; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the presence of vulnerable peoples, indigenous peoples, local communities and other customary tenure rights holders in the country and part thereof of the relevant commodity or product;

the presence of vulnerable peoples, indigenous peoples, local communities and other customary tenure rights holders in the country and part thereof of the relevant commodity or product;

Amendment 132

Amendment 132

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — point b b (new)

Article 10 — paragraph 2 — point b b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bb) | the existence of claims to or disputes regarding the use of, ownership of, or exercise of customary tenure rights on the area used for the purpose of producing the relevant commodity or product, whether formally registered or not; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(bb)

(bb)

the existence of claims to or disputes regarding the use of, ownership of, or exercise of customary tenure rights on the area used for the purpose of producing the relevant commodity or product, whether formally registered or not;

the existence of claims to or disputes regarding the use of, ownership of, or exercise of customary tenure rights on the area used for the purpose of producing the relevant commodity or product, whether formally registered or not;

Amendment 133

Amendment 133

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — point c

Article 10 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | prevalence of deforestation
  or
  forest degradation in the country, region and area of production of the relevant commodity or product; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

prevalence of deforestation
  or
  forest degradation in the country, region and area of production of the relevant commodity or product;

or

| (c) | prevalence of deforestation, forest degradation
  or forest conversion
  in the country, region and area of production of the relevant commodity or product; |
| --- | --- |

(c)

prevalence of deforestation, forest degradation
  or forest conversion
  in the country, region and area of production of the relevant commodity or product;

or forest conversion

Amendment 134

Amendment 134

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — point e

Article 10 — paragraph 2 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | concerns in relation to the country of production and origin, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

concerns in relation to the country of production and origin, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;

| (e) | concerns in relation to the country of production
  or parts thereof in accordance with Article 27,
  and origin, such as level of corruption, prevalence of document and data falsification,
  absence, violation or
  lack of law enforcement
  of tenure rights and rights of indigenous people and local communities
  , armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union; |
| --- | --- |

(e)

concerns in relation to the country of production
  or parts thereof in accordance with Article 27,
  and origin, such as level of corruption, prevalence of document and data falsification,
  absence, violation or
  lack of law enforcement
  of tenure rights and rights of indigenous people and local communities
  , armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;

or parts thereof in accordance with Article 27,

absence, violation or

of tenure rights and rights of indigenous people and local communities

Amendment 135

Amendment 135

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — point f

Article 10 — paragraph 2 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | the complexity of the relevant supply chain, in particular difficulties in connecting commodities and/or products to the plot of land where they were produced; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

the complexity of the relevant supply chain, in particular difficulties in connecting commodities and/or products to the plot of land where they were produced;

| (f) | the complexity of the relevant supply chain, in particular difficulties in connecting commodities and/or products to the plot of land where they were produced
  or national data protection rules which prohibit the transmission of such data
  ; |
| --- | --- |

(f)

the complexity of the relevant supply chain, in particular difficulties in connecting commodities and/or products to the plot of land where they were produced
  or national data protection rules which prohibit the transmission of such data
  ;

or national data protection rules which prohibit the transmission of such data

Amendment 136

Amendment 136

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — point g

Article 10 — paragraph 2 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | the risk of mixing with products of unknown origin or produced in areas where deforestation
  or
  forest degradation has occurred or is occurring; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

the risk of mixing with products of unknown origin or produced in areas where deforestation
  or
  forest degradation has occurred or is occurring;

or

| (g) | the risk of mixing with products of unknown origin or produced in areas where deforestation, forest degradation
  or forest conversion as well as violations of the relevant law
  has occurred or is occurring; |
| --- | --- |

(g)

the risk of mixing with products of unknown origin or produced in areas where deforestation, forest degradation
  or forest conversion as well as violations of the relevant law
  has occurred or is occurring;

or forest conversion as well as violations of the relevant law

Amendment 137

Amendment 137

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — point h a (new)

Article 10 — paragraph 2 — point h a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ha) | the outcome of multi-stakeholder dialogues where impacted parties, such as smallholders, SMEs, indigenous peoples and local communities, have been invited to actively participate; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ha)

(ha)

the outcome of multi-stakeholder dialogues where impacted parties, such as smallholders, SMEs, indigenous peoples and local communities, have been invited to actively participate;

the outcome of multi-stakeholder dialogues where impacted parties, such as smallholders, SMEs, indigenous peoples and local communities, have been invited to actively participate;

Amendment 138

Amendment 138

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — point i a (new)

Article 10 — paragraph 2 — point i a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ia) | information provided via the rapid alert mechanism; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ia)

(ia)

information provided via the rapid alert mechanism;

information provided via the rapid alert mechanism;

Amendment 245

Amendment 245

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 3

Article 10 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Wood products which are in scope of Council Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to be in compliance with Article 3(b) of this Regulation. | 3.   Wood products which are in scope of Council Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to be in compliance with
  the rules applicable in the country of production, as outlined in
  Article 3
  , point
  (b)
  , and as defined in Article 2, point (28)(a),
  of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Wood products which are in scope of Council Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to be in compliance with Article 3(b) of this Regulation.

3.   Wood products which are in scope of Council Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to be in compliance with
  the rules applicable in the country of production, as outlined in
  Article 3
  , point
  (b)
  , and as defined in Article 2, point (28)(a),
  of this Regulation.

Amendment 140

Amendment 140

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 4

Article 10 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits or other measures pertaining to information requirements set out in Article 9. | 4.   Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits
  , capacity-building and financial investments for smallholders
  or other measures pertaining to information requirements set out in Article 9. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits or other measures pertaining to information requirements set out in Article 9.

4.   Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits
  , capacity-building and financial investments for smallholders
  or other measures pertaining to information requirements set out in Article 9.

Amendment 141

Amendment 141

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 4 a (new)

Article 10 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Where relevant, operators shall ensure that risk assessments and mitigation measures are adopted which provide for the participation and consultation of indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Where relevant, operators shall ensure that risk assessments and mitigation measures are adopted which provide for the participation and consultation of indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products.

Amendment 142

Amendment 142

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 6 — point a

Article 10 — paragraph 6 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | model risk management practices, reporting, record-keeping, internal control and compliance management, including for operators that are not SMEs, the appointment of a compliance officer at management level; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

model risk management practices, reporting, record-keeping, internal control and compliance management, including for operators that are not SMEs, the appointment of a compliance officer at management level;

| (a) | model risk management practices, reporting, record-keeping, internal control and compliance management, including for operators that are not SMEs, the appointment of a compliance officer at management level
  , specifying the contact details or an up-to-date contact email address
  ; |
| --- | --- |

(a)

model risk management practices, reporting, record-keeping, internal control and compliance management, including for operators that are not SMEs, the appointment of a compliance officer at management level
  , specifying the contact details or an up-to-date contact email address
  ;

, specifying the contact details or an up-to-date contact email address

Amendment 143

Amendment 143

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 7

Article 10 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   The risk assessments shall be documented, reviewed at least on an annual basis and made available to the competent authorities upon request. | 7.   The risk assessments
  , as well as, where appropriate, the risk mitigation decisions taken
  shall be documented, reviewed at least on an annual basis and made available to the competent authorities upon request. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   The risk assessments shall be documented, reviewed at least on an annual basis and made available to the competent authorities upon request.

7.   The risk assessments
  , as well as, where appropriate, the risk mitigation decisions taken
  shall be documented, reviewed at least on an annual basis and made available to the competent authorities upon request.

Amendment 144

Amendment 144

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1

Article 11 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in
  Article 3(a) and (b)
  . The due diligence system shall be reviewed at least once a year and
  if necessary
  adapted to and accounting for new developments which may influence the exercise of due diligence. Operators shall keep record of updates in the due diligence system(s) for 5 years. | 1.   In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in
  Article 3
  . The due diligence system shall be reviewed at least once a year and adapted to and accounting for new developments which may influence the exercise of due diligence
  when operators become aware of them
  . Operators shall keep record of updates in the due diligence system(s) for 5 years. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in
  Article 3(a) and (b)
  . The due diligence system shall be reviewed at least once a year and
  if necessary
  adapted to and accounting for new developments which may influence the exercise of due diligence. Operators shall keep record of updates in the due diligence system(s) for 5 years.

1.   In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in
  Article 3
  . The due diligence system shall be reviewed at least once a year and adapted to and accounting for new developments which may influence the exercise of due diligence
  when operators become aware of them
  . Operators shall keep record of updates in the due diligence system(s) for 5 years.

Amendment 145

Amendment 145

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2

Article 11 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   
  Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence,
  operators
  which are not SMEs
  shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Article 8. Operators falling also within the scope of other
  EU
  legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other
  EU
  legislative instruments. | 2.   Operators shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Articles 8
  , 9 and 10, as well as the implementation and outcomes of their due diligence, and measures they have taken to support the compliance of smallholders, including through investments and capacity building
  . Operators falling also within the scope of other
  Union
  legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other
  Union
  legislative instruments. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   
  Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence,
  operators
  which are not SMEs
  shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Article 8. Operators falling also within the scope of other
  EU
  legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other
  EU
  legislative instruments.

2.   Operators shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Articles 8
  , 9 and 10, as well as the implementation and outcomes of their due diligence, and measures they have taken to support the compliance of smallholders, including through investments and capacity building
  . Operators falling also within the scope of other
  Union
  legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other
  Union
  legislative instruments.

Amendment 146

Amendment 146

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2 a (new)

Article 11 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Reports shall, in respect of relevant commodities and products supplied by each supplier: |
| | (a) | provide the information set out in Article 9; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Reports shall, in respect of relevant commodities and products supplied by each supplier:

(a)

(a)

provide the information set out in Article 9;

provide the information set out in Article 9;

| (b) | describe the information and evidence obtained and used to assess the compliance by the relevant commodities and products with Article 3; |
| --- | --- |

(b)

(b)

describe the information and evidence obtained and used to assess the compliance by the relevant commodities and products with Article 3;

describe the information and evidence obtained and used to assess the compliance by the relevant commodities and products with Article 3;

| (c) | state the conclusions of the risk assessment conducted under Article 10(1) and describe any risk mitigation procedures or measures undertaken pursuant to Article 10(4); |
| --- | --- |

(c)

(c)

state the conclusions of the risk assessment conducted under Article 10(1) and describe any risk mitigation procedures or measures undertaken pursuant to Article 10(4);

state the conclusions of the risk assessment conducted under Article 10(1) and describe any risk mitigation procedures or measures undertaken pursuant to Article 10(4);

| (d) | specify the date and place where the relevant commodities and products were placed on, or exported from, the Union market; and |
| --- | --- |

(d)

(d)

specify the date and place where the relevant commodities and products were placed on, or exported from, the Union market; and

specify the date and place where the relevant commodities and products were placed on, or exported from, the Union market; and

| (e) | provide evidence of consultation of indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products. |
| --- | --- |

(e)

(e)

provide evidence of consultation of indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products.

provide evidence of consultation of indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products.

Amendment 147

Amendment 147

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 3

Article 11 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Operators shall keep for at least 5 years all documentation
  related to due diligence
  , such as all relevant records, measures and procedures
  pursuant to
  Article 8. They shall make
  them
  available to the competent authorities
  upon
  request. | 3.   Operators shall keep for at least 5 years all
  due diligence
  documentation, such as all relevant records, measures and procedures
  under
  Article 8
  , allowing each product or commodity placed on the market, the risk analysis carried out, and the result obtained, to be identified beyond doubt
  . They shall make
  that documentation
  available to the competent authorities
  on
  request. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Operators shall keep for at least 5 years all documentation
  related to due diligence
  , such as all relevant records, measures and procedures
  pursuant to
  Article 8. They shall make
  them
  available to the competent authorities
  upon
  request.

3.   Operators shall keep for at least 5 years all
  due diligence
  documentation, such as all relevant records, measures and procedures
  under
  Article 8
  , allowing each product or commodity placed on the market, the risk analysis carried out, and the result obtained, to be identified beyond doubt
  . They shall make
  that documentation
  available to the competent authorities
  on
  request.

Amendment 148

Amendment 148

Proposal for a regulation

Proposal for a regulation

Article 11 a (new)

Article 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 11a |
| | Obligations of financial institutions |
| | 1.
     
  With a view to complying with Article 3, financial institutions shall exercise due diligence prior to providing financial services to customers whose economic activities consist, or are linked to, the trading or placing on the market of relevant commodities and products. |
| | 2.
     
  The due diligence shall include: |
| | (a) | the collection of information and documents, as referred to in Article 9(1a), needed to fulfil the requirement set out in paragraph 1 of this Article; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 11a

Article 11a

Obligations of financial institutions

Obligations of financial institutions

1.
     
  With a view to complying with Article 3, financial institutions shall exercise due diligence prior to providing financial services to customers whose economic activities consist, or are linked to, the trading or placing on the market of relevant commodities and products.

2.
     
  The due diligence shall include:

(a)

(a)

the collection of information and documents, as referred to in Article 9(1a), needed to fulfil the requirement set out in paragraph 1 of this Article;

the collection of information and documents, as referred to in Article 9(1a), needed to fulfil the requirement set out in paragraph 1 of this Article;

| (b) | risk assessment and mitigation measures as referred to in Article 10; |
| --- | --- |

(b)

(b)

risk assessment and mitigation measures as referred to in Article 10;

risk assessment and mitigation measures as referred to in Article 10;

3.
     
  Financial institutions shall not provide financial services to customers without prior submission of a due diligence statement to the competent authorities.

4.
     
  Where financial institutions have established an ongoing business relationship with customers before ... [date of entry into force of this Regulation], the financial institutions shall complete the relevant due diligence by ... [OP: insert date one year after the date of entry into force of this Regulation].

Amendment 149

Amendment 149

Proposal for a regulation

Proposal for a regulation

Article 11 b (new)

Article 11 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 11b





  1.
     
  Financial institutions shall verify and analyse information collected in accordance with Article 9(1a) and any other relevant documentation, and on that basis shall carry out a risk assessment to establish if there is a risk that the provision of financial services to a customer does not comply with Article 12a(1). If the financial institution cannot demonstrate that the risk of non-compliance is negligible, it shall not provide financial services to the customer concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 11b

1.
     
  Financial institutions shall verify and analyse information collected in accordance with Article 9(1a) and any other relevant documentation, and on that basis shall carry out a risk assessment to establish if there is a risk that the provision of financial services to a customer does not comply with Article 12a(1). If the financial institution cannot demonstrate that the risk of non-compliance is negligible, it shall not provide financial services to the customer concerned.

Amendment 150

Amendment 150

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1

Article 12 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   When placing relevant commodities or products on the Union market or exporting them from it, operators are not required to fulfil the obligations under
  Article 10
  where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as low risk in accordance with Article 27. | 1.   When placing relevant commodities or products on the Union market or exporting them from it, operators are not required to fulfil the obligations under
  Article 10(2), points (a), (b), (ba), (bb), (c), (d), (e), (h), (ha) or (j), or Article 10(6),
  where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as low risk in accordance with Article 27. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   When placing relevant commodities or products on the Union market or exporting them from it, operators are not required to fulfil the obligations under
  Article 10
  where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as low risk in accordance with Article 27.

1.   When placing relevant commodities or products on the Union market or exporting them from it, operators are not required to fulfil the obligations under
  Article 10(2), points (a), (b), (ba), (bb), (c), (d), (e), (h), (ha) or (j), or Article 10(6),
  where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as low risk in accordance with Article 27.

Amendment 151

Amendment 151

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2

Article 12 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   However, if the operator obtains or is made aware of any information that would point to a risk that the relevant commodities and products may not fulfil the requirements of this Regulation, all obligations of Article 9 and 10 have to be fulfilled. | 2.   However, if the operator obtains or is made aware of any
  relevant
  information that would point to a risk that the relevant commodities and products may not fulfil the requirements of this Regulation, all obligations of Article 9 and 10 have to be fulfilled.
  The operator shall immediately communicate any relevant information to the competent authority. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   However, if the operator obtains or is made aware of any information that would point to a risk that the relevant commodities and products may not fulfil the requirements of this Regulation, all obligations of Article 9 and 10 have to be fulfilled.

2.   However, if the operator obtains or is made aware of any
  relevant
  information that would point to a risk that the relevant commodities and products may not fulfil the requirements of this Regulation, all obligations of Article 9 and 10 have to be fulfilled.
  The operator shall immediately communicate any relevant information to the competent authority.

Amendment 152

Amendment 152

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 a (new)

Article 12 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Where a competent authority is made aware of any information that would point to a risk of possible circumvention of the requirements of this Regulation, including cases in which relevant commodities or products are produced in a standard-risk or high-risk country and are subsequently processed in, or exported to, the Union from a low-risk country, the competent authority shall proceed to checks in accordance with Article 14(6) and, where necessary, adopt interim measures in accordance with Article 21. Where non-compliance with this Regulation is established, Member State authorities shall take further measures in accordance with Articles 22 and 23. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Where a competent authority is made aware of any information that would point to a risk of possible circumvention of the requirements of this Regulation, including cases in which relevant commodities or products are produced in a standard-risk or high-risk country and are subsequently processed in, or exported to, the Union from a low-risk country, the competent authority shall proceed to checks in accordance with Article 14(6) and, where necessary, adopt interim measures in accordance with Article 21. Where non-compliance with this Regulation is established, Member State authorities shall take further measures in accordance with Articles 22 and 23.

Amendment 153

Amendment 153

Proposal for a regulation

Proposal for a regulation

Article 12 a (new)

Article 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 12a |
| | Guidelines |
| | 1.
     
  By ... [date 12 months after the entry into force of this Regulation], the Commission shall issue user-friendly commodity-specific guidelines to clarify due diligence responsibilities and traceability rules of operators that are tailored to fit their respective supply chains. The Commission shall take into account other due diligence requirements arising from Union law, in particular [the forthcoming Directive on Sustainable Corporate Governance Due Diligence]. |
| | 2.
     
  The guidelines shall particularly take into account SMEs’ needs and shall inform them of the different means to access administrative and financial assistance and shall provide guidance on how the requirements from overlapping due diligence rules under different Union acts could be implemented most efficiently. |
| | 3.
     
  The guidelines shall be developed in consultation with relevant stakeholders, including from third countries and, where appropriate, taking into consideration best practices from international bodies having expertise in due diligence. |
| | 4.
     
  The Commission shall regularly review and update the guidelines, taking into account the latest developments in the sectors concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 12a

Article 12a

Guidelines

Guidelines

1.
     
  By ... [date 12 months after the entry into force of this Regulation], the Commission shall issue user-friendly commodity-specific guidelines to clarify due diligence responsibilities and traceability rules of operators that are tailored to fit their respective supply chains. The Commission shall take into account other due diligence requirements arising from Union law, in particular [the forthcoming Directive on Sustainable Corporate Governance Due Diligence].

2.
     
  The guidelines shall particularly take into account SMEs’ needs and shall inform them of the different means to access administrative and financial assistance and shall provide guidance on how the requirements from overlapping due diligence rules under different Union acts could be implemented most efficiently.

3.
     
  The guidelines shall be developed in consultation with relevant stakeholders, including from third countries and, where appropriate, taking into consideration best practices from international bodies having expertise in due diligence.

4.
     
  The Commission shall regularly review and update the guidelines, taking into account the latest developments in the sectors concerned.

Amendment 154

Amendment 154

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 3

Article 13 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Commission shall make the list of the competent authorities publicly available on its website. The Commission shall regularly update the list, based on relevant updates received from Member States. | 3.   The Commission shall make the list of the competent authorities publicly available on its website
  without undue delay
  . The Commission shall regularly update the list, based on relevant updates received from Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Commission shall make the list of the competent authorities publicly available on its website. The Commission shall regularly update the list, based on relevant updates received from Member States.

3.   The Commission shall make the list of the competent authorities publicly available on its website
  without undue delay
  . The Commission shall regularly update the list, based on relevant updates received from Member States.

Amendment 155

Amendment 155

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 4

Article 13 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Member States shall ensure that the competent authorities have adequate powers and resources to perform the obligations set out in Chapter 3 of this Regulation. | 4.   Member States shall ensure that the competent authorities have adequate powers
  , functional independence
  and resources to perform the obligations set out in Chapter 3 of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Member States shall ensure that the competent authorities have adequate powers and resources to perform the obligations set out in Chapter 3 of this Regulation.

4.   Member States shall ensure that the competent authorities have adequate powers
  , functional independence
  and resources to perform the obligations set out in Chapter 3 of this Regulation.

Amendment 156

Amendment 156

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 6

Article 13 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Member States
  , may
  facilitate the exchange and dissemination of relevant information, in particular with a view to assisting operators in assessing risk as set out in Article 9, and on best practices regarding the implementation of this Regulation. | 6.   Member States
  shall
  facilitate the exchange and dissemination of relevant information, in particular with a view to assisting operators in assessing risk as set out in Article 9, and on best practices regarding the implementation of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   Member States
  , may
  facilitate the exchange and dissemination of relevant information, in particular with a view to assisting operators in assessing risk as set out in Article 9, and on best practices regarding the implementation of this Regulation.

6.   Member States
  shall
  facilitate the exchange and dissemination of relevant information, in particular with a view to assisting operators in assessing risk as set out in Article 9, and on best practices regarding the implementation of this Regulation.

Amendment 157

Amendment 157

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 7 a (new)

Article 13 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7a.
     
  In order to ensure the uniform application of the obligations listed in this Chapter, in particular the checks on operators and traders, the Commission shall issue guidance to all competent authorities no later than ... [OP: insert date six months after the entry into force of this Regulation]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7a.
     
  In order to ensure the uniform application of the obligations listed in this Chapter, in particular the checks on operators and traders, the Commission shall issue guidance to all competent authorities no later than ... [OP: insert date six months after the entry into force of this Regulation].

Amendment 158

Amendment 158

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 7 b (new)

Article 13 — paragraph 7 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7b.
     
  Competent authorities shall monitor the compliance of financial institutions with the requirements of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7b.
     
  Competent authorities shall monitor the compliance of financial institutions with the requirements of this Regulation.

Amendment 159

Amendment 159

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 3

Article 14 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account
  in particular the assignment of risk to countries or parts thereof in accordance with Article 27, the history of compliance of
  an operator or trader
  with this Regulation
  and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities
  shall
  establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulation. | 3.   To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan
  , which shall be made public in accordance with Article 19,
  shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account
  previous infringements of this Regulation by
  an operator or trader
  , the quantity of relevant commodities and products being placed or made available on the market, or exported from the Union market, by the operator or trader, the time elapsed following the completion of the risk assessment for the relevant commodities or products, the proximity of the plots of land or polygons on which the relevant commodities and products were produced to forests,
  and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities
  may
  establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account
  in particular the assignment of risk to countries or parts thereof in accordance with Article 27, the history of compliance of
  an operator or trader
  with this Regulation
  and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities
  shall
  establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulation.

3.   To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan
  , which shall be made public in accordance with Article 19,
  shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account
  previous infringements of this Regulation by
  an operator or trader
  , the quantity of relevant commodities and products being placed or made available on the market, or exported from the Union market, by the operator or trader, the time elapsed following the completion of the risk assessment for the relevant commodities or products, the proximity of the plots of land or polygons on which the relevant commodities and products were produced to forests,
  and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities
  may
  establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulation.

Amendment 160

Amendment 160

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 7

Article 14 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   The suspensions referred to in paragraph 6 shall end within
  3
  working days unless the competent authorities, based on the result of the checks conducted within that period, conclude that they require additional time to establish whether the relevant commodities and products comply with the requirements of this Regulation. In such case, the competent authorities shall extend the period of suspension by means of additional interim measures taken under Article 21 or, in the case of relevant commodities or products entering or leaving the Union market, by notifying the customs authorities of the need to maintain the suspension under Article 24(6). | 7.   The suspensions referred to in paragraph 6 shall end within
  five
  working days
  , or 72 hours for fresh commodities and products which are at risk of spoilage,
  unless the competent authorities, based on the result of the checks conducted within that period, conclude that they require additional time to establish whether the relevant commodities and products comply with the requirements of this Regulation. In such case, the competent authorities shall extend the period of suspension by means of additional interim measures taken under Article 21 or, in the case of relevant commodities or products entering or leaving the Union market, by notifying the customs authorities of the need to maintain the suspension under Article 24(6). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   The suspensions referred to in paragraph 6 shall end within
  3
  working days unless the competent authorities, based on the result of the checks conducted within that period, conclude that they require additional time to establish whether the relevant commodities and products comply with the requirements of this Regulation. In such case, the competent authorities shall extend the period of suspension by means of additional interim measures taken under Article 21 or, in the case of relevant commodities or products entering or leaving the Union market, by notifying the customs authorities of the need to maintain the suspension under Article 24(6).

7.   The suspensions referred to in paragraph 6 shall end within
  five
  working days
  , or 72 hours for fresh commodities and products which are at risk of spoilage,
  unless the competent authorities, based on the result of the checks conducted within that period, conclude that they require additional time to establish whether the relevant commodities and products comply with the requirements of this Regulation. In such case, the competent authorities shall extend the period of suspension by means of additional interim measures taken under Article 21 or, in the case of relevant commodities or products entering or leaving the Union market, by notifying the customs authorities of the need to maintain the suspension under Article 24(6).

Amendment 161

Amendment 161

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 9

Article 14 — paragraph 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 9.   Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least
  5 %
  of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as
  5 %
  of the quantity of each of the relevant commodities placed or made available on or exported from their market. | 9.   Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least
  10 %
  of the operators placing, making available on or exporting from the Union market each of the relevant commodities
  and products
  on their market as well as
  10 %
  of the quantity of each of the relevant commodities
  and products
  placed or made available on or exported from their market.
  For commodities or products from countries or parts thereof categorised as low-risk as referred to Article 27, Member States may reduce the annual checks to 5 %. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9.   Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least
  5 %
  of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as
  5 %
  of the quantity of each of the relevant commodities placed or made available on or exported from their market.

9.   Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least
  10 %
  of the operators placing, making available on or exporting from the Union market each of the relevant commodities
  and products
  on their market as well as
  10 %
  of the quantity of each of the relevant commodities
  and products
  placed or made available on or exported from their market.
  For commodities or products from countries or parts thereof categorised as low-risk as referred to Article 27, Member States may reduce the annual checks to 5 %.

Amendment 162

Amendment 162

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 11

Article 14 — paragraph 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| 11.   Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation. | 11.   Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall
  , without undue delay,
  conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based
  on the rapid alert mechanisms or on
  substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

11.   Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation.

11.   Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall
  , without undue delay,
  conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based
  on the rapid alert mechanisms or on
  substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation.

Amendment 163

Amendment 163

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 12

Article 14 — paragraph 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| 12.   Checks shall be carried out without prior warning of the operator or trader, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks. | 12.   Checks shall be carried out without prior warning of the operator or trader, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks.
  Authorities shall justify such prior notifications in their control reports, including information on the number of prior warnings. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

12.   Checks shall be carried out without prior warning of the operator or trader, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks.

12.   Checks shall be carried out without prior warning of the operator or trader, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks.
  Authorities shall justify such prior notifications in their control reports, including information on the number of prior warnings.

Amendment 164

Amendment 164

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 13

Article 14 — paragraph 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| 13.   The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non-compliance. Records of all checks shall be kept for at least
  5
  years. | 13.   The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non-compliance
  , including the penalties related to cases of non-compliance with this Regulation
  . Records of all checks shall be kept for at least
  ten
  years. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

13.   The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non-compliance. Records of all checks shall be kept for at least
  5
  years.

13.   The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non-compliance
  , including the penalties related to cases of non-compliance with this Regulation
  . Records of all checks shall be kept for at least
  ten
  years.

Amendment 165

Amendment 165

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 13 a (new)

Article 14 — paragraph 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 13a.
     
  Without prejudice to the obligations on competent authorities, the Commission may, upon request, provide Member States with technical support to assist them in carrying out the requirements set out in this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

13a.
     
  Without prejudice to the obligations on competent authorities, the Commission may, upon request, provide Member States with technical support to assist them in carrying out the requirements set out in this Regulation.

Amendment 166

Amendment 166

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 13 b (new)

Article 14 — paragraph 13 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 13b.
     
  Where the Commission receives information that a Member State does not carry out controls that are sufficient to ensure that relevant commodities and products made available on, or exported from, the Union market comply with the requirements set out in this Regulation, it shall, in dialogue with the Member State concerned, be mandated to introduce changes to the plan referred to in paragraph 3 established by that Member State to ensure that the situation is rectified. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

13b.
     
  Where the Commission receives information that a Member State does not carry out controls that are sufficient to ensure that relevant commodities and products made available on, or exported from, the Union market comply with the requirements set out in this Regulation, it shall, in dialogue with the Member State concerned, be mandated to introduce changes to the plan referred to in paragraph 3 established by that Member State to ensure that the situation is rectified.

Amendment 167

Amendment 167

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 13 c (new)

Article 14 — paragraph 13 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 13c.
     
  Records of checks carried out under this Regulation and reports of their results and outcomes shall constitute environmental information for the purposes of Directive 2003/4/EC

   (1a)

  and shall be made available upon request. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

13c.
     
  Records of checks carried out under this Regulation and reports of their results and outcomes shall constitute environmental information for the purposes of Directive 2003/4/EC

   (1a)

  and shall be made available upon request.

Amendment 168

Amendment 168

Proposal for a regulation

Proposal for a regulation

Article 15 — title

Article 15 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Checks on operators | Checks on operators
  and non-SME traders |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Checks on operators

Checks on operators
  and non-SME traders

and non-SME traders

Amendment 169

Amendment 169

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1 — point d a (new)

Article 15 — paragraph 1 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | examination of interim measures taken under Article 21 and corrective measures taken under Article 22; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

examination of interim measures taken under Article 21 and corrective measures taken under Article 22;

examination of interim measures taken under Article 21 and corrective measures taken under Article 22;

Amendment 170

Amendment 170

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1 — point f

Article 15 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | any technical and scientific means adequate to determine the exact place where the relevant commodity or product was produced, including
  isotope testing
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

any technical and scientific means adequate to determine the exact place where the relevant commodity or product was produced, including
  isotope testing
  ;

isotope testing

| (f) | any technical and scientific means adequate to determine the exact place where the relevant commodity or product was produced, including
  anatomical, chemical and DNA analysis
  ; |
| --- | --- |

(f)

any technical and scientific means adequate to determine the exact place where the relevant commodity or product was produced, including
  anatomical, chemical and DNA analysis
  ;

anatomical, chemical and DNA analysis

Amendment 171

Amendment 171

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1 — point f a (new)

Article 15 — paragraph 1 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | any technical and scientific means adequate to determine the biological species affected by this Regulation which is contained in the relevant commodity or product, including anatomical, chemical and DNA analysis; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fa)

(fa)

any technical and scientific means adequate to determine the biological species affected by this Regulation which is contained in the relevant commodity or product, including anatomical, chemical and DNA analysis;

any technical and scientific means adequate to determine the biological species affected by this Regulation which is contained in the relevant commodity or product, including anatomical, chemical and DNA analysis;

Amendment 172

Amendment 172

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1 — point g

Article 15 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | any technical and scientific means adequate to determine whether the relevant commodity or product are deforestation-free, including Earth observation data such as from Copernicus programme and tools, and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

any technical and scientific means adequate to determine whether the relevant commodity or product are deforestation-free, including Earth observation data such as from Copernicus programme and tools, and

| (g) | any technical and scientific means adequate to determine whether the relevant commodity or product are deforestation-free, including Earth observation data such as from Copernicus programme and tools
  or from other publicly or privately available sources;
  and |
| --- | --- |

(g)

any technical and scientific means adequate to determine whether the relevant commodity or product are deforestation-free, including Earth observation data such as from Copernicus programme and tools
  or from other publicly or privately available sources;
  and

or from other publicly or privately available sources;

Amendment 173

Amendment 173

Proposal for a regulation

Proposal for a regulation

Article 16 — title

Article 16 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Checks on traders | Checks on
  SME
  traders |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Checks on traders

Checks on
  SME
  traders

SME

Amendment 174

Amendment 174

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 2

Article 17 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The costs referred to in paragraph 1 may include the costs of carrying out testing, the costs of storage and the costs of activities relating to products that are found to be non-compliant and are subject to corrective action
  prior to their release for free circulation, their placing on or exporting from the Union market. | 2.   The costs referred to in paragraph 1 may include
  , inter alia,
  the costs of carrying out testing, the costs of storage and the costs of activities relating to products that are found to be non-compliant and are subject to corrective action. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The costs referred to in paragraph 1 may include the costs of carrying out testing, the costs of storage and the costs of activities relating to products that are found to be non-compliant and are subject to corrective action
  prior to their release for free circulation, their placing on or exporting from the Union market.

2.   The costs referred to in paragraph 1 may include
  , inter alia,
  the costs of carrying out testing, the costs of storage and the costs of activities relating to products that are found to be non-compliant and are subject to corrective action.

Amendment 175

Amendment 175

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 1

Article 18 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Competent authorities shall cooperate with each other, with authorities from other Member States, with the Commission, and if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation. | 1.   Competent authorities shall cooperate with each other, with authorities from other Member States, with the Commission, and if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation
  , including as regards the implementation of field audits
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Competent authorities shall cooperate with each other, with authorities from other Member States, with the Commission, and if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation.

1.   Competent authorities shall cooperate with each other, with authorities from other Member States, with the Commission, and if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation
  , including as regards the implementation of field audits
  .

Amendment 176

Amendment 176

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 3

Article 18 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Competent authorities shall exchange information necessary for the enforcement of this Regulation. This shall include giving access to and exchange of data on operators and traders including due diligence statements with other Member States’ competent authorities to facilitate the enforcement of this Regulation. | 3.   Competent authorities shall exchange information necessary for the enforcement of this Regulation. This shall include giving access to and exchange of data on operators and traders including due diligence statements
  , the nature and results of the controls carried out and any penalties imposed,
  with other Member States’ competent authorities to facilitate the enforcement of this Regulation.
  Competent authorities shall apply, when exchanging information, strict data protection rules in accordance with existing data protection law. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Competent authorities shall exchange information necessary for the enforcement of this Regulation. This shall include giving access to and exchange of data on operators and traders including due diligence statements with other Member States’ competent authorities to facilitate the enforcement of this Regulation.

3.   Competent authorities shall exchange information necessary for the enforcement of this Regulation. This shall include giving access to and exchange of data on operators and traders including due diligence statements
  , the nature and results of the controls carried out and any penalties imposed,
  with other Member States’ competent authorities to facilitate the enforcement of this Regulation.
  Competent authorities shall apply, when exchanging information, strict data protection rules in accordance with existing data protection law.

Amendment 177

Amendment 177

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 4

Article 18 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Competent authorities shall immediately alert competent authorities of other Member States and the Commission when they detect infringement of this Regulation and serious shortcomings that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant commodity or product on the market that is not compliant with this Regulation, to enable the withdrawal or recall of such commodity or product from sales in all Member States. | 4.   Competent authorities shall immediately alert competent authorities of other Member States and the Commission when they detect
  an actual or potential
  infringement of this Regulation and serious shortcomings that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant commodity or product on the market that is
  , or may be,
  not compliant with this Regulation, to enable the withdrawal or recall of such commodity or product from sales in all Member States
  or to support enforcement action by those competent authorities
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Competent authorities shall immediately alert competent authorities of other Member States and the Commission when they detect infringement of this Regulation and serious shortcomings that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant commodity or product on the market that is not compliant with this Regulation, to enable the withdrawal or recall of such commodity or product from sales in all Member States.

4.   Competent authorities shall immediately alert competent authorities of other Member States and the Commission when they detect
  an actual or potential
  infringement of this Regulation and serious shortcomings that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant commodity or product on the market that is
  , or may be,
  not compliant with this Regulation, to enable the withdrawal or recall of such commodity or product from sales in all Member States
  or to support enforcement action by those competent authorities
  .

Amendment 178

Amendment 178

Proposal for a regulation

Proposal for a regulation

Article 18 a (new)

Article 18 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 18a |
| | Satellite imagery and access to forest data |
| | The Commission shall establish a platform using satellite imagery, including Copernicus Sentinel, covering the forest areas worldwide, and featuring tools to enable all parties to quickly move towards no-deforestation across supply chains. The platform shall provide: |
| | (a) | thematic maps, including a land cover map with time series since the cut-off date defined in Article 2, point (8), and a range of classes allowing to examine landscape composition; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 18a

Article 18a

Satellite imagery and access to forest data

Satellite imagery and access to forest data

The Commission shall establish a platform using satellite imagery, including Copernicus Sentinel, covering the forest areas worldwide, and featuring tools to enable all parties to quickly move towards no-deforestation across supply chains. The platform shall provide:

The Commission shall establish a platform using satellite imagery, including Copernicus Sentinel, covering the forest areas worldwide, and featuring tools to enable all parties to quickly move towards no-deforestation across supply chains. The platform shall provide:

(a)

(a)

thematic maps, including a land cover map with time series since the cut-off date defined in Article 2, point (8), and a range of classes allowing to examine landscape composition;

thematic maps, including a land cover map with time series since the cut-off date defined in Article 2, point (8), and a range of classes allowing to examine landscape composition;

| (b) | an alert system, relying upon a monthly monitoring of forest cover change; |
| --- | --- |

(b)

(b)

an alert system, relying upon a monthly monitoring of forest cover change;

an alert system, relying upon a monthly monitoring of forest cover change;

| (c) | a range of analyses and user-friendly and secured outputs, depicting how supply chains are linked to deforestation. |
| --- | --- |

(c)

(c)

a range of analyses and user-friendly and secured outputs, depicting how supply chains are linked to deforestation.

a range of analyses and user-friendly and secured outputs, depicting how supply chains are linked to deforestation.

The platform shall be made available to Member State authorities, interested third countries’ authorities, operators and traders.

The platform shall be made available to Member State authorities, interested third countries’ authorities, operators and traders.

Amendment 179

Amendment 179

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 1

Article 19 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks, the number and
  the
  results of the
  controls
  carried out on operators and traders
  , including the contents of these checks
  , the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance
  and the costs of controls recovered. | 1.   Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks
  and the risk criteria on which they are based
  ,
  including
  the number and results of the
  checks
  carried out on operators and traders
  and relevant commodities and products
  , the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as
  , in the event of non-compliance,
  the
  market surveillance
  measures taken
  in accordance with Article 22 and penalties imposed in accordance with Article 23. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks, the number and
  the
  results of the
  controls
  carried out on operators and traders
  , including the contents of these checks
  , the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance
  and the costs of controls recovered.

1.   Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks
  and the risk criteria on which they are based
  ,
  including
  the number and results of the
  checks
  carried out on operators and traders
  and relevant commodities and products
  , the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as
  , in the event of non-compliance,
  the
  market surveillance
  measures taken
  in accordance with Article 22 and penalties imposed in accordance with Article 23.

Amendment 180

Amendment 180

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 1

Article 20 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least
  15 %
  of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as
  15 %
  of the quantity of each of the relevant commodities placed or made available on or exported from their market from high risk countries or parts thereof. | Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least
  20 %
  of the operators placing, making available on or exporting from the Union market each of the relevant commodities
  and products
  on their market as well as
  20 %
  of the quantity of each of the relevant commodities
  and products
  placed or made available on or exported from their market from high risk countries or parts thereof.
  Competent authorities shall ensure that the annual checks carried out on the basis of this Article include all of the elements set out in Article 15. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least
  15 %
  of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as
  15 %
  of the quantity of each of the relevant commodities placed or made available on or exported from their market from high risk countries or parts thereof.

15 %

15 %

Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least
  20 %
  of the operators placing, making available on or exporting from the Union market each of the relevant commodities
  and products
  on their market as well as
  20 %
  of the quantity of each of the relevant commodities
  and products
  placed or made available on or exported from their market from high risk countries or parts thereof.
  Competent authorities shall ensure that the annual checks carried out on the basis of this Article include all of the elements set out in Article 15.

20 %

and products

20 %

and products

Competent authorities shall ensure that the annual checks carried out on the basis of this Article include all of the elements set out in Article 15.

Amendment 181

Amendment 181

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 1

Article 21 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where, following the checks referred to in Article 15 and 16, possible
  serious shortcomings
  have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities may take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products. | Where,
  on the basis of the examination of evidence or other relevant information, including information exchanged under Article 18 and substantiated concerns provided by third parties under Article 29, or
  following the checks referred to in Article 15 and 16, possible
  infringements of this Regulation
  have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities may take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products.
  Member States shall immediately inform the Commission and the competent authorities of other Member States about such measures. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where, following the checks referred to in Article 15 and 16, possible
  serious shortcomings
  have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities may take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products.

serious shortcomings

Where,
  on the basis of the examination of evidence or other relevant information, including information exchanged under Article 18 and substantiated concerns provided by third parties under Article 29, or
  following the checks referred to in Article 15 and 16, possible
  infringements of this Regulation
  have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities may take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products.
  Member States shall immediately inform the Commission and the competent authorities of other Member States about such measures.

on the basis of the examination of evidence or other relevant information, including information exchanged under Article 18 and substantiated concerns provided by third parties under Article 29, or

infringements of this Regulation

Member States shall immediately inform the Commission and the competent authorities of other Member States about such measures.

Amendment 182

Amendment 182

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 1

Article 22 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Without prejudice to Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with this Regulation, they shall without delay require the relevant operator or trader to take
  appropriate and proportionate
  corrective action to bring the non-compliance to an end. | 1.   Without prejudice to Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with
  the requirements set out in
  this Regulation, they shall without delay require the relevant operator or trader to take corrective action to bring the non-compliance to an end
  within a specified and reasonable period of time
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Without prejudice to Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with this Regulation, they shall without delay require the relevant operator or trader to take
  appropriate and proportionate
  corrective action to bring the non-compliance to an end.

1.   Without prejudice to Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with
  the requirements set out in
  this Regulation, they shall without delay require the relevant operator or trader to take corrective action to bring the non-compliance to an end
  within a specified and reasonable period of time
  .

Amendment 183

Amendment 183

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 2 — point d

Article 22 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | destroying
  the relevant commodity or product
  or donating it
  to charitable or public interest purposes. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

destroying
  the relevant commodity or product
  or donating it
  to charitable or public interest purposes.

destroying

or donating it

| (d) | donating, where possible,
  the relevant commodity or product to charitable or public interest purposes
  or otherwise recycling or, as a last resort, destroying it
  . |
| --- | --- |

(d)

donating, where possible,
  the relevant commodity or product to charitable or public interest purposes
  or otherwise recycling or, as a last resort, destroying it
  .

donating, where possible,

or otherwise recycling or, as a last resort, destroying it

Amendment 184

Amendment 184

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 2 a (new)

Article 22 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Irrespective of the corrective action taken under paragraph 2, and with a view to preventing the risk of further infringements, the operator or trader shall address any shortcomings in the due diligence system which may have led to its non-compliance with this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Irrespective of the corrective action taken under paragraph 2, and with a view to preventing the risk of further infringements, the operator or trader shall address any shortcomings in the due diligence system which may have led to its non-compliance with this Regulation.

Amendment 185

Amendment 185

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 3

Article 22 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   If the operator or trader fails to take corrective action referred to in paragraph 2
  or where the non-compliance referred to in
  paragraph 1
  persists
  , competent authorities shall ensure that the product is withdrawn or recalled, or that
  its being
  made available on or exported from the Union market
  is prohibited or restricted. | 3.   If the operator or trader fails to take corrective action referred to in paragraph 2
  within the period of time specified by the competent authority under
  paragraph 1, competent authorities shall ensure that the
  commodity or
  product is withdrawn or recalled or that
  it is not
  made available on or exported from the Union market. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   If the operator or trader fails to take corrective action referred to in paragraph 2
  or where the non-compliance referred to in
  paragraph 1
  persists
  , competent authorities shall ensure that the product is withdrawn or recalled, or that
  its being
  made available on or exported from the Union market
  is prohibited or restricted.

3.   If the operator or trader fails to take corrective action referred to in paragraph 2
  within the period of time specified by the competent authority under
  paragraph 1, competent authorities shall ensure that the
  commodity or
  product is withdrawn or recalled or that
  it is not
  made available on or exported from the Union market.

Amendment 186

Amendment 186

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 1

Article 23 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  Member States
  shall
  lay down rules on
  penalties applicable to infringements of the provisions of this Regulation by operators and traders
  and
  shall take all measures necessary to ensure that they are implemented.
  Member States shall notify the Commission of those provisions and without delay of any subsequent amendments affecting them. | 1.   
  Within six months of the entry into force of this Regulation, the Commission
  shall
  adopt delegated acts supplementing this Regulation concerning uniform
  penalties applicable to infringements of the provisions of this Regulation by operators and traders
  , in order to ensure harmonised standards are applied across the Union. Member States
  shall take all measures necessary to ensure that they are implemented. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   
  Member States
  shall
  lay down rules on
  penalties applicable to infringements of the provisions of this Regulation by operators and traders
  and
  shall take all measures necessary to ensure that they are implemented.
  Member States shall notify the Commission of those provisions and without delay of any subsequent amendments affecting them.

1.   
  Within six months of the entry into force of this Regulation, the Commission
  shall
  adopt delegated acts supplementing this Regulation concerning uniform
  penalties applicable to infringements of the provisions of this Regulation by operators and traders
  , in order to ensure harmonised standards are applied across the Union. Member States
  shall take all measures necessary to ensure that they are implemented.

Amendment 187

Amendment 187

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2 — introductory part

Article 23 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The penalties
  provided
  for shall be effective, proportionate
  and
  dissuasive. Penalties shall include as a minimum: | 2.   The penalties for shall be effective, proportionate, dissuasive
  and uniform across Member States
  . Penalties shall include as a minimum: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The penalties
  provided
  for shall be effective, proportionate
  and
  dissuasive. Penalties shall include as a minimum:

2.   The penalties for shall be effective, proportionate, dissuasive
  and uniform across Member States
  . Penalties shall include as a minimum:

Amendment 188

Amendment 188

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2 — point a

Article 23 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | fines proportionate to the environmental damage and the value of the relevant commodities or products concerned, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least
  4 %
  of the operators or trader’s annual turnover in the
  Member State or Member States concerned
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

fines proportionate to the environmental damage and the value of the relevant commodities or products concerned, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least
  4 %
  of the operators or trader’s annual turnover in the
  Member State or Member States concerned
  ;

4 %

Member State or Member States concerned

| (a) | fines proportionate to the environmental damage
  , economic damage for local communities
  and the value of the relevant commodities or products concerned, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least
  8 %
  of the operators or trader’s annual turnover in the
  Union, calculated in accordance with Article 5(1) of Council Regulation (EC) No 139/2004

   (1a);
  and shall be increased to ensure that the penalty exceeds the potential economic advantage gained and shall be deterrent; |
| --- | --- |

(a)

fines proportionate to the environmental damage
  , economic damage for local communities
  and the value of the relevant commodities or products concerned, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least
  8 %
  of the operators or trader’s annual turnover in the
  Union, calculated in accordance with Article 5(1) of Council Regulation (EC) No 139/2004

   (1a);
  and shall be increased to ensure that the penalty exceeds the potential economic advantage gained and shall be deterrent;

, economic damage for local communities

8 %

Union, calculated in accordance with Article 5(1) of Council Regulation (EC) No 139/2004

1a

and shall be increased to ensure that the penalty exceeds the potential economic advantage gained and shall be deterrent;

Amendment 189

Amendment 189

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2 — point b a (new)

Article 23 — paragraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the obligation to restore the environment; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the obligation to restore the environment;

the obligation to restore the environment;

Amendment 190

Amendment 190

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2 — point b b (new)

Article 23 — paragraph 2 — point b b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bb) | the obligation to compensate for damage done to any natural or legal person that the exercise of due diligence would have avoided; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(bb)

(bb)

the obligation to compensate for damage done to any natural or legal person that the exercise of due diligence would have avoided;

the obligation to compensate for damage done to any natural or legal person that the exercise of due diligence would have avoided;

Amendment 191

Amendment 191

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2 — point d

Article 23 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | temporary exclusion from public procurement processes. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

temporary exclusion from public procurement processes.

| (d) | temporary exclusion from public procurement processes
  and from access to public funding, including tendering procedures, grants and concessions; |
| --- | --- |

(d)

temporary exclusion from public procurement processes
  and from access to public funding, including tendering procedures, grants and concessions;

and from access to public funding, including tendering procedures, grants and concessions;

Amendment 192

Amendment 192

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2 — point d a (new)

Article 23 — paragraph 2 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | temporary or permanent prohibition from placing or making available relevant commodities and products on the Union market, or exporting them, in the event of a serious infringement or of repeated infringements; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

temporary or permanent prohibition from placing or making available relevant commodities and products on the Union market, or exporting them, in the event of a serious infringement or of repeated infringements;

temporary or permanent prohibition from placing or making available relevant commodities and products on the Union market, or exporting them, in the event of a serious infringement or of repeated infringements;

Amendment 193

Amendment 193

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2 — point d b (new)

Article 23 — paragraph 2 — point d b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (db) | prohibition from the use of the simplified due diligence procedure set out in Article 12, in the event of a serious infringement or of repeated infringements; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(db)

(db)

prohibition from the use of the simplified due diligence procedure set out in Article 12, in the event of a serious infringement or of repeated infringements;

prohibition from the use of the simplified due diligence procedure set out in Article 12, in the event of a serious infringement or of repeated infringements;

Amendment 194

Amendment 194

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2 a (new)

Article 23 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Member States shall notify the Commission of operators and traders that have failed to fulfil their obligations under this Regulation and the penalties imposed on them by means of the information system referred to in Article 31 within 30 days of the relevant finding of non-compliance, taking due account the relevant data protection rules. The Commission shall publish a list of operators and traders concerned. They shall be informed of their inclusion in the list. |
| | The list of non-compliant operators and traders shall contain the following elements: |
| | (a) | the name of the operator or trader; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Member States shall notify the Commission of operators and traders that have failed to fulfil their obligations under this Regulation and the penalties imposed on them by means of the information system referred to in Article 31 within 30 days of the relevant finding of non-compliance, taking due account the relevant data protection rules. The Commission shall publish a list of operators and traders concerned. They shall be informed of their inclusion in the list.

The list of non-compliant operators and traders shall contain the following elements:

The list of non-compliant operators and traders shall contain the following elements:

(a)

(a)

the name of the operator or trader;

the name of the operator or trader;

| (b) | the date of the first inclusion on the list and the date from which sufficient remedial action was taken; |
| --- | --- |

(b)

(b)

the date of the first inclusion on the list and the date from which sufficient remedial action was taken;

the date of the first inclusion on the list and the date from which sufficient remedial action was taken;

| (c) | a summary of the activities justifying the inclusion of the operator or trader on the list; and |
| --- | --- |

(c)

(c)

a summary of the activities justifying the inclusion of the operator or trader on the list; and

a summary of the activities justifying the inclusion of the operator or trader on the list; and

| (d) | the nature and, where financial, the amount of the penalty imposed. |
| --- | --- |

(d)

(d)

the nature and, where financial, the amount of the penalty imposed.

the nature and, where financial, the amount of the penalty imposed.

The list shall be made publicly available on the website of the Commission and regularly updated.

The list shall be made publicly available on the website of the Commission and regularly updated.

The Commission shall publish the list in the Official Journal of the European Union and in the Register referred to in Article 31.

The Commission shall publish the list in the Official Journal of the European Union and in the Register referred to in Article 31.

Amendment 195

Amendment 195

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2 b (new)

Article 23 — paragraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2b.
     
  Member States shall notify the Commission when the non-compliant operator or trader referred to in paragraph 1 has taken sufficient remedial action, including have made full payment of penalties or carried out improvements to its due diligence system, and no other penalty or procedure concerning an alleged infringement has been reported. |
| | The Commission shall remove the operator or trader concerned once remedial action has been taken. The Commission shall update the public list of operators and traders concerned every six months. |
| | The Commission shall, without undue delay, notify the competent authorities of the removal of an operator or trader from the list and update the Register referred to in Article 31. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2b.
     
  Member States shall notify the Commission when the non-compliant operator or trader referred to in paragraph 1 has taken sufficient remedial action, including have made full payment of penalties or carried out improvements to its due diligence system, and no other penalty or procedure concerning an alleged infringement has been reported.

The Commission shall remove the operator or trader concerned once remedial action has been taken. The Commission shall update the public list of operators and traders concerned every six months.

The Commission shall remove the operator or trader concerned once remedial action has been taken. The Commission shall update the public list of operators and traders concerned every six months.

The Commission shall, without undue delay, notify the competent authorities of the removal of an operator or trader from the list and update the Register referred to in Article 31.

The Commission shall, without undue delay, notify the competent authorities of the removal of an operator or trader from the list and update the Register referred to in Article 31.

Amendment 196

Amendment 196

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 7 — subparagraph 1 — point b

Article 24 — paragraph 7 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | Where the release for free circulation or export has been suspended in accordance with paragraph 6, the competent authorities have not requested, within the
  3
  working days indicated in Article 14(7), the need to maintain the suspension of the release for free circulation or export of that relevant commodity or product; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

Where the release for free circulation or export has been suspended in accordance with paragraph 6, the competent authorities have not requested, within the
  3
  working days indicated in Article 14(7), the need to maintain the suspension of the release for free circulation or export of that relevant commodity or product;

3

| (b) | Where the release for free circulation or export has been suspended in accordance with paragraph 6, the competent authorities have not requested, within the
  five
  working days
  , or 72 hours for fresh commodities and products which are at risk of spoilage,
  indicated in Article 14(7), the need to maintain the suspension of the release for free circulation or export of that relevant commodity or product; |
| --- | --- |

(b)

Where the release for free circulation or export has been suspended in accordance with paragraph 6, the competent authorities have not requested, within the
  five
  working days
  , or 72 hours for fresh commodities and products which are at risk of spoilage,
  indicated in Article 14(7), the need to maintain the suspension of the release for free circulation or export of that relevant commodity or product;

five

, or 72 hours for fresh commodities and products which are at risk of spoilage,

Amendment 197

Amendment 197

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 8 — subparagraph 2

Article 24 — paragraph 8 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Upon notification of
  that
  status, customs authorities shall not allow the release for free circulation or export of that relevant commodity or product. They shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the relevant commodity or product and on any other relevant accompanying document: ‘Non-compliant commodity or product — release for free circulation/export not authorised — Regulation (EU) 2021/XXXX.’ [OP to indicate reference of this Regulation] | Upon notification of
  the non-compliant
  status, customs authorities shall not allow the release for free circulation or export of that relevant commodity or product. They shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the relevant commodity or product and on any other relevant accompanying document: ‘Non-compliant commodity or product — release for free circulation/export not authorised — Regulation (EU) 2021/XXXX.’ [OP to indicate reference of this Regulation] |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Upon notification of
  that
  status, customs authorities shall not allow the release for free circulation or export of that relevant commodity or product. They shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the relevant commodity or product and on any other relevant accompanying document: ‘Non-compliant commodity or product — release for free circulation/export not authorised — Regulation (EU) 2021/XXXX.’ [OP to indicate reference of this Regulation]

that

Upon notification of
  the non-compliant
  status, customs authorities shall not allow the release for free circulation or export of that relevant commodity or product. They shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the relevant commodity or product and on any other relevant accompanying document: ‘Non-compliant commodity or product — release for free circulation/export not authorised — Regulation (EU) 2021/XXXX.’ [OP to indicate reference of this Regulation]

the non-compliant

Amendment 198

Amendment 198

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 10

Article 24 — paragraph 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| 10.   Customs authorities may destroy a non-compliant relevant commodity or product upon the request of the competent authorities or where they deem it necessary and proportionate. The cost of such measure shall be borne by the natural or legal person holding the relevant commodity or product.
  Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly. Upon request of competent authorities, non-compliant relevant commodities and products may alternatively be confiscated and placed by customs at the disposal of the competent authorities. | 10.   Customs authorities may
  donate the relevant commodity or product to charitable or public interest purposes or, and only if such donation is not possible, recycle or, as a last resort,
  destroy a non-compliant relevant commodity or product upon the request of the competent authorities or where they deem it necessary and proportionate. The cost of such measure shall be borne by the natural or legal person holding the relevant commodity or product. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

10.   Customs authorities may destroy a non-compliant relevant commodity or product upon the request of the competent authorities or where they deem it necessary and proportionate. The cost of such measure shall be borne by the natural or legal person holding the relevant commodity or product.
  Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly. Upon request of competent authorities, non-compliant relevant commodities and products may alternatively be confiscated and placed by customs at the disposal of the competent authorities.

10.   Customs authorities may
  donate the relevant commodity or product to charitable or public interest purposes or, and only if such donation is not possible, recycle or, as a last resort,
  destroy a non-compliant relevant commodity or product upon the request of the competent authorities or where they deem it necessary and proportionate. The cost of such measure shall be borne by the natural or legal person holding the relevant commodity or product.

Amendment 199

Amendment 199

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 4

Article 25 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Where, in relation to relevant commodities and products subject to this Regulation that are either in temporary storage or placed under a customs procedure other than ‘release for free circulation’, customs authorities at the first point of entry have reason to believe that those relevant commodities or products are not compliant with this Regulation, they shall transmit all relevant information to the competent customs office of destination. | 4.   Where, in relation to relevant commodities and products subject to this Regulation that are either in temporary storage or placed under a customs procedure other than ‘release for free circulation’, customs authorities at the first point of entry have reason to believe that those relevant commodities or products are not compliant with this Regulation, they shall transmit all relevant information to the competent customs office of destination
  as well as to the competent authorities responsible for carrying out the obligations arising from this Regulation
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Where, in relation to relevant commodities and products subject to this Regulation that are either in temporary storage or placed under a customs procedure other than ‘release for free circulation’, customs authorities at the first point of entry have reason to believe that those relevant commodities or products are not compliant with this Regulation, they shall transmit all relevant information to the competent customs office of destination.

4.   Where, in relation to relevant commodities and products subject to this Regulation that are either in temporary storage or placed under a customs procedure other than ‘release for free circulation’, customs authorities at the first point of entry have reason to believe that those relevant commodities or products are not compliant with this Regulation, they shall transmit all relevant information to the competent customs office of destination
  as well as to the competent authorities responsible for carrying out the obligations arising from this Regulation
  .

Amendment 200

Amendment 200

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 1

Article 26 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest
  four years
  from the date of adoption of the relevant implementing act referred to in paragraph 3. | 1.   The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest
  one year
  from the date of adoption of the relevant implementing act referred to in paragraph 3. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest
  four years
  from the date of adoption of the relevant implementing act referred to in paragraph 3.

1.   The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest
  one year
  from the date of adoption of the relevant implementing act referred to in paragraph 3.

Amendment 201

Amendment 201

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 2 — introductory part

Article 26 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission
  may
  develop an electronic interface based on the EU Single Window Environment for Customs to enable: | 2.   The Commission
  shall
  develop an electronic interface based on the EU Single Window Environment for Customs to enable: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Commission
  may
  develop an electronic interface based on the EU Single Window Environment for Customs to enable:

2.   The Commission
  shall
  develop an electronic interface based on the EU Single Window Environment for Customs to enable:

Amendment 202

Amendment 202

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 1

Article 27 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   This Regulation establishes a three-tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission
  may
  identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence. | 1.   This Regulation establishes a three-tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission
  shall
  identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2)
  by ... [OP: insert date 6 months of the entry into force of this Regulation]
  . That list shall be updated as necessary in light of new evidence. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   This Regulation establishes a three-tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission
  may
  identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence.

1.   This Regulation establishes a three-tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission
  shall
  identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2)
  by ... [OP: insert date 6 months of the entry into force of this Regulation]
  . That list shall be updated as necessary in light of new evidence.

Amendment 203

Amendment 203

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 2 — introductory part

Article 27 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall take into account information provided by the country concerned and be based on the following assessment criteria: | The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall
  follow a transparent and objective assessment process which shall
  take into account information provided by the country and
  by the regional authorities concerned, operators as well as NGOs and third parties, including indigenous peoples, local communities and civil society organisations and
  be based on the following assessment criteria: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall take into account information provided by the country concerned and be based on the following assessment criteria:

The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall
  follow a transparent and objective assessment process which shall
  take into account information provided by the country and
  by the regional authorities concerned, operators as well as NGOs and third parties, including indigenous peoples, local communities and civil society organisations and
  be based on the following assessment criteria:

follow a transparent and objective assessment process which shall

by the regional authorities concerned, operators as well as NGOs and third parties, including indigenous peoples, local communities and civil society organisations and

Amendment 204

Amendment 204

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 2 — point a

Article 27 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | rate of deforestation
  and
  forest degradation, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

rate of deforestation
  and
  forest degradation,

and

| (a) | rate of deforestation, forest degradation
  and forest conversion
  , |
| --- | --- |

(a)

rate of deforestation, forest degradation
  and forest conversion
  ,

and forest conversion

Amendment 205

Amendment 205

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 2 — point d

Article 27 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | whether the nationally determined contribution (NDC) to the United Nations Framework Convention on Climate Change covers emissions and removals from agriculture, forestry and land use which ensures that emissions from deforestation
  and
  forest degradation are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

whether the nationally determined contribution (NDC) to the United Nations Framework Convention on Climate Change covers emissions and removals from agriculture, forestry and land use which ensures that emissions from deforestation
  and
  forest degradation are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC;

and

| (d) | whether the nationally determined contribution (NDC) to the United Nations Framework Convention on Climate Change covers emissions and removals from agriculture, forestry and land use which ensures that emissions from deforestation, forest degradation
  and forest conversion
  are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC; |
| --- | --- |

(d)

whether the nationally determined contribution (NDC) to the United Nations Framework Convention on Climate Change covers emissions and removals from agriculture, forestry and land use which ensures that emissions from deforestation, forest degradation
  and forest conversion
  are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC;

and forest conversion

Amendment 206

Amendment 206

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 2 — point e

Article 27 — paragraph 2 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | agreements and other instruments concluded between the country concerned and the Union that address deforestation
  or
  forest degradation and facilitates compliance of relevant commodities and products with the requirements of this Regulation
  and
  their effective implementation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

agreements and other instruments concluded between the country concerned and the Union that address deforestation
  or
  forest degradation and facilitates compliance of relevant commodities and products with the requirements of this Regulation
  and
  their effective implementation;

or

and

| (e) | agreements and other instruments concluded between the country concerned and the Union that address deforestation, forest degradation
  or forest conversion
  and facilitates compliance of relevant commodities and products with the requirements of this Regulation
  , provided that
  their
  timely and
  effective implementation
  has been ascertained on the basis of an objective and transparent assessment
  ; |
| --- | --- |

(e)

agreements and other instruments concluded between the country concerned and the Union that address deforestation, forest degradation
  or forest conversion
  and facilitates compliance of relevant commodities and products with the requirements of this Regulation
  , provided that
  their
  timely and
  effective implementation
  has been ascertained on the basis of an objective and transparent assessment
  ;

or forest conversion

, provided that

timely and

has been ascertained on the basis of an objective and transparent assessment

Amendment 207

Amendment 207

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 2 — point f

Article 27 — paragraph 2 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, and takes effective enforcement measures to avoid and sanction activities leading to deforestation
  and
  forest degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation
  or
  forest degradation are applied. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, and takes effective enforcement measures to avoid and sanction activities leading to deforestation
  and
  forest degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation
  or
  forest degradation are applied.

and

or

| (f) | whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement
  and relevant laws and standards as defined in Article 2, point (28), of this Regulation,
  and takes effective enforcement measures
  to ensure that those laws are implemented and
  to avoid and sanction activities leading to deforestation, forest degradation
  and forest conversion
  , and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation, forest degradation
  or forest conversion or non-compliance with the relevant laws and standards as defined in Article 2, point (28),
  are applied. |
| --- | --- |

(f)

whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement
  and relevant laws and standards as defined in Article 2, point (28), of this Regulation,
  and takes effective enforcement measures
  to ensure that those laws are implemented and
  to avoid and sanction activities leading to deforestation, forest degradation
  and forest conversion
  , and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation, forest degradation
  or forest conversion or non-compliance with the relevant laws and standards as defined in Article 2, point (28),
  are applied.

and relevant laws and standards as defined in Article 2, point (28), of this Regulation,

to ensure that those laws are implemented and

and forest conversion

or forest conversion or non-compliance with the relevant laws and standards as defined in Article 2, point (28),

Amendment 208

Amendment 208

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 2 — point f a (new)

Article 27 — paragraph 2 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | whether the national and sub-national jurisdiction has developed jurisdictional approaches with the meaningful engagement of all relevant stakeholders, including civil society, indigenous peoples and local communities, and the private sector, including micro-enterprises and other SMEs, and smallholders, to tackle deforestation, forest degradation, forest conversion, land rights violations and illegal production; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fa)

(fa)

whether the national and sub-national jurisdiction has developed jurisdictional approaches with the meaningful engagement of all relevant stakeholders, including civil society, indigenous peoples and local communities, and the private sector, including micro-enterprises and other SMEs, and smallholders, to tackle deforestation, forest degradation, forest conversion, land rights violations and illegal production;

whether the national and sub-national jurisdiction has developed jurisdictional approaches with the meaningful engagement of all relevant stakeholders, including civil society, indigenous peoples and local communities, and the private sector, including micro-enterprises and other SMEs, and smallholders, to tackle deforestation, forest degradation, forest conversion, land rights violations and illegal production;

Amendment 209

Amendment 209

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 2 — point f b (new)

Article 27 — paragraph 2 — point f b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fb) | whether the country concerned makes relevant data available transparently; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fb)

(fb)

whether the country concerned makes relevant data available transparently;

whether the country concerned makes relevant data available transparently;

Amendment 210

Amendment 210

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 2 — point f c (new)

Article 27 — paragraph 2 — point f c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fc) | if applicable, the existence, compliance with, and effective enforcement of, laws protecting the rights of indigenous peoples, local communities and other customary tenure rights holders. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fc)

(fc)

if applicable, the existence, compliance with, and effective enforcement of, laws protecting the rights of indigenous peoples, local communities and other customary tenure rights holders.

if applicable, the existence, compliance with, and effective enforcement of, laws protecting the rights of indigenous peoples, local communities and other customary tenure rights holders.

Amendment 211

Amendment 211

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 3 — subparagraph 1

Article 27 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall notify the countries concerned of its intent to assign a change to the
  existing
  risk category and invite them to provide any information deemed useful in this regard. The Commission shall allow the countries adequate time to provide a response, which may include information on measures taken by the country to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category. | The Commission shall notify the countries
  , regional authorities as well as the operators and traders
  concerned of its intent to assign a change to the risk-category of
  a country or part thereof
  and invite them to provide any information deemed useful in this regard. The Commission shall
  also carry out a public consultation to gather information and views from interested parties, including in particular indigenous peoples, local communities, smallholders and civil society organisations. The Commission shall
  allow the countries
  and regional authorities
  adequate time to provide a response, which may include information on measures taken by the country
  or regional authority
  to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall notify the countries concerned of its intent to assign a change to the
  existing
  risk category and invite them to provide any information deemed useful in this regard. The Commission shall allow the countries adequate time to provide a response, which may include information on measures taken by the country to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category.

existing

The Commission shall notify the countries
  , regional authorities as well as the operators and traders
  concerned of its intent to assign a change to the risk-category of
  a country or part thereof
  and invite them to provide any information deemed useful in this regard. The Commission shall
  also carry out a public consultation to gather information and views from interested parties, including in particular indigenous peoples, local communities, smallholders and civil society organisations. The Commission shall
  allow the countries
  and regional authorities
  adequate time to provide a response, which may include information on measures taken by the country
  or regional authority
  to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category.

, regional authorities as well as the operators and traders

a country or part thereof

also carry out a public consultation to gather information and views from interested parties, including in particular indigenous peoples, local communities, smallholders and civil society organisations. The Commission shall

and regional authorities

or regional authority

Amendment 212

Amendment 212

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 3 — subparagraph 2 — introductory part

Article 27 — paragraph 3 — subparagraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| It shall include in the notification the following information: | It shall include in the notification
  and in the consultation
  the following information: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

It shall include in the notification the following information:

It shall include in the notification
  and in the consultation
  the following information:

and in the consultation

Amendment 213

Amendment 213

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 1

Article 28 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall engage with producer countries concerned by this Regulation
  to develop
  partnerships and
  cooperation
  to jointly address deforestation
  and
  forest degradation. Such partnerships and cooperation mechanisms
  will
  focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the transition to sustainable commodity production, consumption processing and trade methods. Partnerships and cooperation mechanisms may include structured dialogues, support programmes and actions, administrative arrangements
  and provisions in existing agreements or agreements
  that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation.
  Such agreements and
  their
  effective implementation will be taken into account as part of the benchmarking under
  Article 27 of this Regulation. | 1.   
  In a coordinated approach
  the Commission
  and Member States,
  shall engage with producer countries concerned by this Regulation
  , local governments and interested parties, in particular those exporting significant volumes of commodities listed in Annex I, including via the use of existing and future
  partnerships and
  free trade agreements and the alignment of existing aid tools
  to jointly address
  the root causes of
  deforestation, forest degradation
  and forest conversion
  . Such partnerships and cooperation mechanisms
  shall be supported with adequate resources and shall
  focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation
  , forest conversion
  and the transition to sustainable commodity production, consumption processing and trade methods
  , good governance, as well as protecting the rights and livelihoods and subsistence of forest-dependent communities, including indigenous peoples, local communities, other customary tenure rights holders and smallholders
  . Partnerships and cooperation mechanisms may include
  , but are not limited to,
  structured dialogues,
  financial and technical
  support programmes and actions, administrative arrangements that enable producer countries
  and parts thereof
  to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation.
  The Commission shall ensure that indigenous peoples, local communities and civil society, are involved in the development of joint roadmaps. The joint roadmaps shall be based on milestones agreed with local stakeholders. The Commission shall particularly engage with producing countries to remove legal obstacles to
  their
  compliance, including national land tenure governance and data protection law. The aim of those partnerships shall be the development of joint roadmaps, including sustained dialogue and cooperation, in particular with countries and parts thereof identified as high-risk, to support their continuous improvement towards the standard risk category referred to in
  Article 27
  . Partnerships and cooperation mechanisms shall pay particular attention to smallholders in order to enable these smallholders to transition to sustainable farming and forestry practices and to comply with the requirements
  of this Regulation
  , including through enabling sufficient and user-friendly information
  .
  Adequate financial resources shall be available to meet the needs of smallholders. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Commission shall engage with producer countries concerned by this Regulation
  to develop
  partnerships and
  cooperation
  to jointly address deforestation
  and
  forest degradation. Such partnerships and cooperation mechanisms
  will
  focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the transition to sustainable commodity production, consumption processing and trade methods. Partnerships and cooperation mechanisms may include structured dialogues, support programmes and actions, administrative arrangements
  and provisions in existing agreements or agreements
  that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation.
  Such agreements and
  their
  effective implementation will be taken into account as part of the benchmarking under
  Article 27 of this Regulation.

1.   
  In a coordinated approach
  the Commission
  and Member States,
  shall engage with producer countries concerned by this Regulation
  , local governments and interested parties, in particular those exporting significant volumes of commodities listed in Annex I, including via the use of existing and future
  partnerships and
  free trade agreements and the alignment of existing aid tools
  to jointly address
  the root causes of
  deforestation, forest degradation
  and forest conversion
  . Such partnerships and cooperation mechanisms
  shall be supported with adequate resources and shall
  focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation
  , forest conversion
  and the transition to sustainable commodity production, consumption processing and trade methods
  , good governance, as well as protecting the rights and livelihoods and subsistence of forest-dependent communities, including indigenous peoples, local communities, other customary tenure rights holders and smallholders
  . Partnerships and cooperation mechanisms may include
  , but are not limited to,
  structured dialogues,
  financial and technical
  support programmes and actions, administrative arrangements that enable producer countries
  and parts thereof
  to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation.
  The Commission shall ensure that indigenous peoples, local communities and civil society, are involved in the development of joint roadmaps. The joint roadmaps shall be based on milestones agreed with local stakeholders. The Commission shall particularly engage with producing countries to remove legal obstacles to
  their
  compliance, including national land tenure governance and data protection law. The aim of those partnerships shall be the development of joint roadmaps, including sustained dialogue and cooperation, in particular with countries and parts thereof identified as high-risk, to support their continuous improvement towards the standard risk category referred to in
  Article 27
  . Partnerships and cooperation mechanisms shall pay particular attention to smallholders in order to enable these smallholders to transition to sustainable farming and forestry practices and to comply with the requirements
  of this Regulation
  , including through enabling sufficient and user-friendly information
  .
  Adequate financial resources shall be available to meet the needs of smallholders.

Amendment 265

Amendment 265

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 1 a (new)

Article 28 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The Commission and the Council shall engage further to implement and enforce trade agreements as well as concluding new free trade agreements that include strong provisions on sustainability, particularly for forests, and the obligation for effective enforcement of multilateral environmental agreements, such as the Paris Agreement and the Convention on Biological Diversity. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  The Commission and the Council shall engage further to implement and enforce trade agreements as well as concluding new free trade agreements that include strong provisions on sustainability, particularly for forests, and the obligation for effective enforcement of multilateral environmental agreements, such as the Paris Agreement and the Convention on Biological Diversity.

Amendments 214 and 266

Amendments 214 and 266

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 2

Article 28 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Partnerships and cooperation
  should
  allow the full participation of all stakeholders, including civil society, indigenous
  people
  , local communities and the private sector including, SMEs and smallholders. | 2.   Partnerships and cooperation
  shall have adequate financial resources and shall take full account of the information and alerts provided by the EU Observatory. They shall
  allow the full participation of all stakeholders, including civil society, indigenous
  peoples
  , local communities
  , women
  and the private sector including
  micro enterprises and other
  SMEs, and smallholders.
  Partnerships and cooperation shall also support or initiate inclusive and participatory dialogue towards national legal and governance reform processes to enhance forest governance and address domestic factors contributing to deforestation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Partnerships and cooperation
  should
  allow the full participation of all stakeholders, including civil society, indigenous
  people
  , local communities and the private sector including, SMEs and smallholders.

2.   Partnerships and cooperation
  shall have adequate financial resources and shall take full account of the information and alerts provided by the EU Observatory. They shall
  allow the full participation of all stakeholders, including civil society, indigenous
  peoples
  , local communities
  , women
  and the private sector including
  micro enterprises and other
  SMEs, and smallholders.
  Partnerships and cooperation shall also support or initiate inclusive and participatory dialogue towards national legal and governance reform processes to enhance forest governance and address domestic factors contributing to deforestation.

Amendment 215

Amendment 215

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 2 a (new)

Article 28 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  To ensure that the enforcement of this Regulation is not unduly restrictive or disruptive to trade, especially towards relevant LDCs, the Commission shall supply specific administrative and capacity-building support to governments, local governments, civil society organisations, including trade unions, and producers, particularly small producers, in third countries aimed to facilitate compliance by these actors with the administrative requirements of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  To ensure that the enforcement of this Regulation is not unduly restrictive or disruptive to trade, especially towards relevant LDCs, the Commission shall supply specific administrative and capacity-building support to governments, local governments, civil society organisations, including trade unions, and producers, particularly small producers, in third countries aimed to facilitate compliance by these actors with the administrative requirements of this Regulation.

Amendment 216

Amendment 216

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 3

Article 28 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations, fiscal incentives and other pertinent tools to improve forest and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, transparent supply chains, strengthen the rights of forest dependent communities including smallholders, indigenous peoples and local communities, and ensure public access to forest management documents and other relevant information. | 3.   Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations,
  including multi-stakeholder processes to establish the scope of relevant legislation,
  fiscal
  or commercial
  incentives and other pertinent tools to improve forest and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, transparent supply chains
  and traceability, protect the rights of ownership, tenure and access to land, including rights of tree tenure for local and indigenous communities, and the right to give or withhold free, prior and informed consent
  , strengthen the rights of forest dependent communities
  that depend on the forest
  including smallholders, indigenous peoples and local communities
  strengthen national systems of governance and law enforcement
  , and ensure public access to forest management documents and other relevant information.
  The Commission shall aim to integrate the monitoring of land and tenure rights under the EU Observatory. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations, fiscal incentives and other pertinent tools to improve forest and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, transparent supply chains, strengthen the rights of forest dependent communities including smallholders, indigenous peoples and local communities, and ensure public access to forest management documents and other relevant information.

3.   Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations,
  including multi-stakeholder processes to establish the scope of relevant legislation,
  fiscal
  or commercial
  incentives and other pertinent tools to improve forest and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, transparent supply chains
  and traceability, protect the rights of ownership, tenure and access to land, including rights of tree tenure for local and indigenous communities, and the right to give or withhold free, prior and informed consent
  , strengthen the rights of forest dependent communities
  that depend on the forest
  including smallholders, indigenous peoples and local communities
  strengthen national systems of governance and law enforcement
  , and ensure public access to forest management documents and other relevant information.
  The Commission shall aim to integrate the monitoring of land and tenure rights under the EU Observatory.

Amendment 217

Amendment 217

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 4

Article 28 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation
  and
  forest degradation, including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of
  forest
  ecosystems. | 4.   The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation, forest degradation
  and forest conversion
  , including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of
  forests and other natural
  ecosystems
  and related human rights
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation
  and
  forest degradation, including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of
  forest
  ecosystems.

4.   The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation, forest degradation
  and forest conversion
  , including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of
  forests and other natural
  ecosystems
  and related human rights
  .

Amendment 218

Amendment 218

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 2

Article 29 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Competent authorities shall diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriate, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation. | 2.   Competent authorities shall
  , without undue delay,
  diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriate, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation
  and shall inform the Commission about the measures put in place
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Competent authorities shall diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriate, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation.

2.   Competent authorities shall
  , without undue delay,
  diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriate, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation
  and shall inform the Commission about the measures put in place
  .

Amendment 219

Amendment 219

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 3

Article 29 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The competent authority shall,
  as soon as possible
  and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted
  observations
  to the authority, of its decision to
  accede to
  or refuse the request for action and shall provide the reasons for it. | 3.   The competent authority shall,
  within 30 days of receiving a substantiated concern,
  and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted
  substantiated concerns
  to the authority, of its
  assessment of their substantiated concern, pursuant to paragraph 2, and the
  decision to
  accept
  or refuse the request for action and shall provide the reasons for it.
  Where further action is taken pursuant to paragraph 2, the competent authority shall inform the natural or legal persons without undue delay of the nature and timeline of the measures to be taken. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The competent authority shall,
  as soon as possible
  and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted
  observations
  to the authority, of its decision to
  accede to
  or refuse the request for action and shall provide the reasons for it.

3.   The competent authority shall,
  within 30 days of receiving a substantiated concern,
  and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted
  substantiated concerns
  to the authority, of its
  assessment of their substantiated concern, pursuant to paragraph 2, and the
  decision to
  accept
  or refuse the request for action and shall provide the reasons for it.
  Where further action is taken pursuant to paragraph 2, the competent authority shall inform the natural or legal persons without undue delay of the nature and timeline of the measures to be taken.

Amendment 220

Amendment 220

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 3 a (new)

Article 29 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  In order to facilitate the transmission of substantiated concerns from natural or legal persons from producer countries, and especially from local communities, the Commission shall establish a centralised communication procedure to channel those concerns to the relevant Member States. That procedure shall be complementary to those established by competent authorities. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  In order to facilitate the transmission of substantiated concerns from natural or legal persons from producer countries, and especially from local communities, the Commission shall establish a centralised communication procedure to channel those concerns to the relevant Member States. That procedure shall be complementary to those established by competent authorities.

Amendment 221

Amendment 221

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 3 b (new)

Article 29 — paragraph 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3b.
     
  Member States shall provide for measures to protect the identity of the natural or legal persons who submit substantiated concerns or who carry out investigations with the aim of verifying compliance by operators or traders with this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3b.
     
  Member States shall provide for measures to protect the identity of the natural or legal persons who submit substantiated concerns or who carry out investigations with the aim of verifying compliance by operators or traders with this Regulation.

Amendment 222

Amendment 222

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 2 a (new)

Article 30 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Access to a court or other independent and impartial public body pursuant to paragraph 1 shall be fair, equitable, timely and not prohibitively expensive and provide adequate and effective remedies, including injunctive relief where appropriate. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Access to a court or other independent and impartial public body pursuant to paragraph 1 shall be fair, equitable, timely and not prohibitively expensive and provide adequate and effective remedies, including injunctive relief where appropriate. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.

Amendment 223

Amendment 223

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 1

Article 31 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall establish and maintain, by the date established in Article 36(2), an information system (‘Register’) which shall contain the due diligence statements made available pursuant to Article 4(2). | 1.   The Commission shall establish and maintain, by the date established in Article 36(2), an information system (‘Register’) which shall contain the due diligence statements made available pursuant to Article 4(2)
  and the list of non-compliant operators and traders referred to in Article 23
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Commission shall establish and maintain, by the date established in Article 36(2), an information system (‘Register’) which shall contain the due diligence statements made available pursuant to Article 4(2).

1.   The Commission shall establish and maintain, by the date established in Article 36(2), an information system (‘Register’) which shall contain the due diligence statements made available pursuant to Article 4(2)
  and the list of non-compliant operators and traders referred to in Article 23
  .

Amendment 224

Amendment 224

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 2 — point c

Article 31 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | registration of the outcome of controls on due diligence statements; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

registration of the outcome of controls on due diligence statements;

| (c) | registration of the outcome of controls on due diligence statements
  and the penalties imposed
  ; |
| --- | --- |

(c)

registration of the outcome of controls on due diligence statements
  and the penalties imposed
  ;

and the penalties imposed

Amendment 225

Amendment 225

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 4

Article 31 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The Commission shall provide access to that information system to customs authorities, competent authorities, operators
  and
  traders in accordance with their respective obligations under this Regulation. | 4.   The Commission shall provide access to that information system to customs authorities, competent authorities, operators and traders
  , or their legal representatives, or both, and suppliers concerned
  in accordance with their respective obligations under this Regulation.
  Suppliers concerned shall have the right to consult all information which pertains to them. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The Commission shall provide access to that information system to customs authorities, competent authorities, operators
  and
  traders in accordance with their respective obligations under this Regulation.

4.   The Commission shall provide access to that information system to customs authorities, competent authorities, operators and traders
  , or their legal representatives, or both, and suppliers concerned
  in accordance with their respective obligations under this Regulation.
  Suppliers concerned shall have the right to consult all information which pertains to them.

Amendment 226

Amendment 226

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 5

Article 31 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   In line with the EU’s Open Data Policy, and in particular the Directive (EU) 2019/1024 (51), the Commission shall provide access to the wider public to the complete anonymised datasets of the information system in an open format that can be machine-readable and that ensures interoperability, re-use and accessibility. | 5.   
  Without prejudice to Article 23 and
  in line with the EU’s Open Data Policy, and in particular the Directive (EU) 2019/1024 (51), the Commission shall provide access to the wider public
  , except for the information in paragraph 2, point (e), of this Article,
  to the complete anonymised datasets of the information system in an open format that can be machine-readable and that ensures interoperability, re-use and accessibility. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   In line with the EU’s Open Data Policy, and in particular the Directive (EU) 2019/1024 (51), the Commission shall provide access to the wider public to the complete anonymised datasets of the information system in an open format that can be machine-readable and that ensures interoperability, re-use and accessibility.

5.   
  Without prejudice to Article 23 and
  in line with the EU’s Open Data Policy, and in particular the Directive (EU) 2019/1024 (51), the Commission shall provide access to the wider public
  , except for the information in paragraph 2, point (e), of this Article,
  to the complete anonymised datasets of the information system in an open format that can be machine-readable and that ensures interoperability, re-use and accessibility.

Amendment 227

Amendment 227

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 1

Article 32 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   No later than
  two years
  after the entry into force
  , the Commission shall carry out a first review of this Regulation
  ,
  and shall present a report to the European Parliament and the Council
  accompanied,
  if
  appropriate, by a legislative proposal
  . The report shall focus in particular on an evaluation of the need and the feasibility of extending
  the scope of this Regulation to other ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands
  and further
  commodities. | 1.   
  Following the entry into force of this Regulation, the Commission shall continuously review its application. The Commission shall: |
| | (a) | present,
  no later than
  ... [OP: insert date one year
  after the
  date of
  entry into force
  of this Regulation]
  ,
  an impact assessment
  accompanied,
  where
  appropriate, by a legislative proposal
  , to extend
  the scope of this Regulation to other
  natural
  ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands
  , in addition to forest and other wooded land in accordance with the cut-off date and definitions as referred to in Article 2, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   No later than
  two years
  after the entry into force
  , the Commission shall carry out a first review of this Regulation
  ,
  and shall present a report to the European Parliament and the Council
  accompanied,
  if
  appropriate, by a legislative proposal
  . The report shall focus in particular on an evaluation of the need and the feasibility of extending
  the scope of this Regulation to other ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands
  and further
  commodities.

1.   
  Following the entry into force of this Regulation, the Commission shall continuously review its application. The Commission shall:

(a)

(a)

present,
  no later than
  ... [OP: insert date one year
  after the
  date of
  entry into force
  of this Regulation]
  ,
  an impact assessment
  accompanied,
  where
  appropriate, by a legislative proposal
  , to extend
  the scope of this Regulation to other
  natural
  ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands
  , in addition to forest and other wooded land in accordance with the cut-off date and definitions as referred to in Article 2,

present,

... [OP: insert date one year

date of

of this Regulation]

an impact assessment

where

, to extend

natural

, in addition to forest and other wooded land in accordance with the cut-off date and definitions as referred to in Article 2,

| (b) | evaluate, no later than ... [OP: insert date two years after the date of entry into force of this Regulation]: |
| --- | --- |

(b)

(b)

evaluate, no later than ... [OP: insert date two years after the date of entry into force of this Regulation]:

evaluate, no later than ... [OP: insert date two years after the date of entry into force of this Regulation]:

| | (i) | the need and feasibility of
  extending the scope of this Regulation to other commodities and products, in particular additional products derived from the commodities listed in Annex I as well as to additional commodities and products, specifically sugar cane, ethanol and mining products
  ; |
| --- | --- | --- |

(i)

(i)

the need and feasibility of
  extending the scope of this Regulation to other commodities and products, in particular additional products derived from the commodities listed in Annex I as well as to additional commodities and products, specifically sugar cane, ethanol and mining products
  ;

extending the scope of this Regulation to other commodities and products, in particular additional products derived from the commodities listed in Annex I as well as to additional commodities and products, specifically sugar cane, ethanol and mining products

| | (ii) | the impact of this Regulation on farmers, in particular smallholders, indigenous peoples and local communities and the possible need for additional support for the transition towards sustainable supply chains
  and for smallholders to comply with the requirements of this Regulation; |
| --- | --- | --- |

(ii)

(ii)

the impact of this Regulation on farmers, in particular smallholders, indigenous peoples and local communities and the possible need for additional support for the transition towards sustainable supply chains
  and for smallholders to comply with the requirements of this Regulation;

and for smallholders to comply with the requirements of this Regulation;

| | (iii) | the need for and feasibility of additional trade facilitation tools, in particular for LDCs highly impacted by this Regulation and countries identified as standard or high risk, to support the achievement of the objectives of this Regulation; |
| --- | --- | --- |

(iii)

(iii)

the need for and feasibility of additional trade facilitation tools, in particular for LDCs highly impacted by this Regulation and countries identified as standard or high risk, to support the achievement of the objectives of this Regulation;

the need for and feasibility of additional trade facilitation tools, in particular for LDCs highly impacted by this Regulation and countries identified as standard or high risk, to support the achievement of the objectives of this Regulation;

| (c) | analyse, within one year of the adoption of [the forthcoming Directive on corporate sustainability due diligence], if any guidelines are needed to facilitate the implementation of this Regulation and ensure coherence between this Regulation and [the forthcoming Directive on corporate sustainability due diligence], and to avoid undue administrative burden. |
| --- | --- |

(c)

(c)

analyse, within one year of the adoption of [the forthcoming Directive on corporate sustainability due diligence], if any guidelines are needed to facilitate the implementation of this Regulation and ensure coherence between this Regulation and [the forthcoming Directive on corporate sustainability due diligence], and to avoid undue administrative burden.

analyse, within one year of the adoption of [the forthcoming Directive on corporate sustainability due diligence], if any guidelines are needed to facilitate the implementation of this Regulation and ensure coherence between this Regulation and [the forthcoming Directive on corporate sustainability due diligence], and to avoid undue administrative burden.

Amendment 228

Amendment 228

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 2 — introductory part

Article 32 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| No later than five years after the entry into force and at least every five years thereafter, the Commission shall carry out a general review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The first of the reports shall include in particular, based on specific studies, an evaluation of: | Without prejudice to the reviews scheduled in paragraph 1, the Commission shall conduct at regular intervals a review of Annex I in order to assess if it is appropriate to amend or extend the relevant products listed in Annex I in order to ensure that all products that contain, have been fed with, or made using, relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestation. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation, forest degradation and forest conversion, and shall take into account changes in consumption, including a detailed assessment of changes to the patterns of trade in the sectors covered by this Regulation, as indicated by scientific evidence. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

No later than five years after the entry into force and at least every five years thereafter, the Commission shall carry out a general review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The first of the reports shall include in particular, based on specific studies, an evaluation of:

No later than five years after the entry into force and at least every five years thereafter, the Commission shall carry out a general review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The first of the reports shall include in particular, based on specific studies, an evaluation of:

Without prejudice to the reviews scheduled in paragraph 1, the Commission shall conduct at regular intervals a review of Annex I in order to assess if it is appropriate to amend or extend the relevant products listed in Annex I in order to ensure that all products that contain, have been fed with, or made using, relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestation. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation, forest degradation and forest conversion, and shall take into account changes in consumption, including a detailed assessment of changes to the patterns of trade in the sectors covered by this Regulation, as indicated by scientific evidence.

Without prejudice to the reviews scheduled in paragraph 1, the Commission shall conduct at regular intervals a review of Annex I in order to assess if it is appropriate to amend or extend the relevant products listed in Annex I in order to ensure that all products that contain, have been fed with, or made using, relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestation. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation, forest degradation and forest conversion, and shall take into account changes in consumption, including a detailed assessment of changes to the patterns of trade in the sectors covered by this Regulation, as indicated by scientific evidence.

Amendment 229

Amendment 229

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 2 — point a

Article 32 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the need for and feasibility of additional trade facilitation tools to support the achievement of the objectives of the Regulation including through recognition of certification schemes; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

(a)

the need for and feasibility of additional trade facilitation tools to support the achievement of the objectives of the Regulation including through recognition of certification schemes;

the need for and feasibility of additional trade facilitation tools to support the achievement of the objectives of the Regulation including through recognition of certification schemes;

deleted

deleted

Amendment 230

Amendment 230

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 2 — point b

Article 32 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the impact of the Regulation on farmers, in particular smallholders, indigenous peoples and local communities and the possible need for additional support for the transition to sustainable supply chains. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

(b)

the impact of the Regulation on farmers, in particular smallholders, indigenous peoples and local communities and the possible need for additional support for the transition to sustainable supply chains.

the impact of the Regulation on farmers, in particular smallholders, indigenous peoples and local communities and the possible need for additional support for the transition to sustainable supply chains.

deleted

deleted

Amendment 231

Amendment 231

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 3

Article 32 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   
  Without prejudice to the general review under paragraph 1, a first review of Annex I shall be carried out by the Commission no later than two years after the entry into force of this Regulation, and thereafter at regular intervals in order to assess whether it is appropriate to amend or extend the relevant products listed in Annex I in order to ensure that all products that contain, have been fed with or have been made using relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestation. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and forest degradation, and take into account changes in consumption, as indicated by scientific evidence. | 3.   
  The Commission shall continuously monitor the impact of this Regulation on vulnerable stakeholders such as smallholders, indigenous peoples and local communities, especially in third countries, also paying particular regard to the situation of women. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by interested stakeholders. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   
  Without prejudice to the general review under paragraph 1, a first review of Annex I shall be carried out by the Commission no later than two years after the entry into force of this Regulation, and thereafter at regular intervals in order to assess whether it is appropriate to amend or extend the relevant products listed in Annex I in order to ensure that all products that contain, have been fed with or have been made using relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestation. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and forest degradation, and take into account changes in consumption, as indicated by scientific evidence.

3.   
  The Commission shall continuously monitor the impact of this Regulation on vulnerable stakeholders such as smallholders, indigenous peoples and local communities, especially in third countries, also paying particular regard to the situation of women. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by interested stakeholders.

Amendment 232

Amendment 232

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 3 a (new)

Article 32 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  The Commission shall continuously monitor changes in the trade patterns of the products and commodities included in the scope of this Regulation. When changes in the pattern of trade are found to have insufficient due cause or economic justification other than to avoid obligations as laid down in this Regulation, including replacing those products and commodities with other products and commodities which are not included in the list of products and commodities in Annex I but have similar characteristics, this shall be viewed as a practice of circumvention. Interested parties may inform the Commission of any perceived circumvention and the Commission shall investigate any substantiated claim introduced by an interested party. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  The Commission shall continuously monitor changes in the trade patterns of the products and commodities included in the scope of this Regulation. When changes in the pattern of trade are found to have insufficient due cause or economic justification other than to avoid obligations as laid down in this Regulation, including replacing those products and commodities with other products and commodities which are not included in the list of products and commodities in Annex I but have similar characteristics, this shall be viewed as a practice of circumvention. Interested parties may inform the Commission of any perceived circumvention and the Commission shall investigate any substantiated claim introduced by an interested party.

Amendment 233

Amendment 233

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 4

Article 32 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Following
  a review
  as set out in
  paragraph 3
  , the Commission
  may
  adopt delegated acts in accordance
  with Article 33
  to
  amend
  Annex I 
  to include relevant products that contain or have been made using relevant commodities. | 4.   Following
  any of the reviews
  as set out in
  paragraphs 1 to 4
  , the Commission
  is empowered to
  adopt delegated acts in accordance
  with Article 33 to supplement the list in
  Annex I
  , or, if appropriate, present a legislative proposal to amend this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Following
  a review
  as set out in
  paragraph 3
  , the Commission
  may
  adopt delegated acts in accordance
  with Article 33
  to
  amend
  Annex I 
  to include relevant products that contain or have been made using relevant commodities.

4.   Following
  any of the reviews
  as set out in
  paragraphs 1 to 4
  , the Commission
  is empowered to
  adopt delegated acts in accordance
  with Article 33 to supplement the list in
  Annex I
  , or, if appropriate, present a legislative proposal to amend this Regulation.

Amendment 234

Amendment 234

Proposal for a regulation

Proposal for a regulation

Article 33 — paragraph 4

Article 33 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. | 4.   Before adopting a delegated act, the Commission shall consult
  stakeholders and
  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

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

4.   Before adopting a delegated act, the Commission shall consult
  stakeholders and
  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 235

Amendment 235

Proposal for a regulation

Proposal for a regulation

Article 35 a (new)

Article 35 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 35a |
| | Amendment of Directive 2003/35/EC |
| | Annex I of Directive 2003/35/EC

   (1a)

  of the European Parliament and of the Council is amended by adding the following point:










  (ga) | Article 14(3) of [Regulation (EU) No XXXX/XX of the European Parliament and of the Council of ... on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010]

   (*1)

  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 35a

Article 35a

Amendment of Directive 2003/35/EC

Amendment of Directive 2003/35/EC

Annex I of Directive 2003/35/EC

   (1a)

  of the European Parliament and of the Council is amended by adding the following point:

Annex I of Directive 2003/35/EC

1a

of the European Parliament and of the Council is amended by adding the following point:

(ga)

(ga)

Article 14(3) of [Regulation (EU) No XXXX/XX of the European Parliament and of the Council of ... on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010]

   (*1)

  .

Article 14(3) of [Regulation (EU) No XXXX/XX of the European Parliament and of the Council of ... on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010]

*1

.

Amendment 236

Amendment 236

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 3

Article 36 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Articles referred to paragraph 2 shall apply 24 months from the entry into force of this Regulation for operators that are microenterprises (53) established by 31 December 2020, except for products covered in the Annex to Regulation (EU) No 995/2010. | 3.   Articles referred to paragraph 2 shall apply 24 months from the entry into force of this Regulation for operators that are microenterprises
  and small enterprises

   (53) established by 31 December 2020, except for products covered in the Annex to Regulation (EU) No 995/2010. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Articles referred to paragraph 2 shall apply 24 months from the entry into force of this Regulation for operators that are microenterprises (53) established by 31 December 2020, except for products covered in the Annex to Regulation (EU) No 995/2010.

3.   Articles referred to paragraph 2 shall apply 24 months from the entry into force of this Regulation for operators that are microenterprises
  and small enterprises

   (53) established by 31 December 2020, except for products covered in the Annex to Regulation (EU) No 995/2010.

Amendments 237 and 246

Amendments 237 and 246

Proposal for a regulation

Proposal for a regulation

Annex I

Annex I

Text proposed by the Commission

Text proposed by the Commission

| Cattle | ex 0102 Live cattle
  ex 0201 Meat of cattle, fresh or chilled
  ex 0202 Meat of cattle, frozen
  ex 0206 10 Edible offal of cattle, fresh or chilled
  ex 0206 22 Edible cattle livers, frozen
  ex 0206 29 Edible cattle offal (excluding tongues and livers), frozen
  ex 4101 Raw hides and skins of cattle (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split
  ex 4104 Tanned or crust hides and skins of cattle, without hair on, whether or not split, but not further prepared
  ex 4107 Leather of cattle, further prepared after tanning or crusting, including parchment-dressed leather, without hair on, whether or not split |
| --- | --- |
| Cocoa | 1801 00 00 Cocoa beans, whole or broken, raw or roasted
  1802 00 00 Cocoa shells, husks, skins and other cocoa waste
  1803 Cocoa paste, whether or not defatted
  1804 00 00 Cocoa butter, fat and oil
  1805 00 00 Cocoa powder, not containing added sugar or other sweetening matter
  1806 Chocolate and other food preparations containing cocoa |
| Coffee | 0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion |
| Oil palm | 1511 Palm oil and its fractions, whether or not refined, but not chemically modified
  1207 10 Palm nuts and kernels
  1513 21 Crude palm kernel and babassu oil and fractions thereof
  1513 29 Palm kernel and babassu oil and their fractions, whether or not refined, but not chemically modified (excluding Crude oil)
  2306 60 Oilcake and other solid residues of palm nuts or kernels, whether or not ground or in the form of pellets, resulting from the extraction of palm nuts oils or kernels oils |
| Soya | 1201 Soya beans, whether or not broken
  1208 10 Soya bean flour and meal
  1507 Soya-bean oil and its fractions, whether or not refined, but not chemically modified
  2304 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil |
| Wood | 4401 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms
  4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared
  4406 Railway or tramway sleepers (cross-ties) of wood
  4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm
  4408 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for other similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm
  4409 Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed
  4410 Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances
  4411 Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances
  4412 Plywood, veneered panels and similar laminated wood
  4413 00 00 Densified wood, in blocks, plates, strips or profile shapes
  4414 00 Wooden frames for paintings, photographs, mirrors or similar objects
  4415 Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood
  (Not including packing material used exclusively as packing material to support, protect or carry another product placed on the market.)
  4416 00 00 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves
  4418 Builders’ joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes
  Pulp and paper of Chapters 47 and 48 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products
  9403 30 , 9403 40 , 9403 50 00 , 9403 60 and 9403 90 30 Wooden furniture
  9406 10 00 Prefabricated buildings of wood |

Cattle

ex 0102 Live cattle

ex 0201 Meat of cattle, fresh or chilled

ex 0202 Meat of cattle, frozen

ex 0206 10 Edible offal of cattle, fresh or chilled

ex 0206 22 Edible cattle livers, frozen

ex 0206 29 Edible cattle offal (excluding tongues and livers), frozen

ex 4101 Raw hides and skins of cattle (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split

ex 4104 Tanned or crust hides and skins of cattle, without hair on, whether or not split, but not further prepared

ex 4107 Leather of cattle, further prepared after tanning or crusting, including parchment-dressed leather, without hair on, whether or not split

Cocoa

1801 00 00 Cocoa beans, whole or broken, raw or roasted

1802 00 00 Cocoa shells, husks, skins and other cocoa waste

1803 Cocoa paste, whether or not defatted

1804 00 00 Cocoa butter, fat and oil

1805 00 00 Cocoa powder, not containing added sugar or other sweetening matter

1806 Chocolate and other food preparations containing cocoa

Coffee

0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion

Oil palm

1511 Palm oil and its fractions, whether or not refined, but not chemically modified

1207 10 Palm nuts and kernels

1513 21 Crude palm kernel and babassu oil and fractions thereof

1513 29 Palm kernel and babassu oil and their fractions, whether or not refined, but not chemically modified (excluding Crude oil)

2306 60 Oilcake and other solid residues of palm nuts or kernels, whether or not ground or in the form of pellets, resulting from the extraction of palm nuts oils or kernels oils

Soya

1201 Soya beans, whether or not broken

1208 10 Soya bean flour and meal

1507 Soya-bean oil and its fractions, whether or not refined, but not chemically modified

2304 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil

Wood

4401 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms

4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared

4406 Railway or tramway sleepers (cross-ties) of wood

4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

4408 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for other similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm

4409 Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed

4410 Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances

4411 Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances

4412 Plywood, veneered panels and similar laminated wood

4413 00 00 Densified wood, in blocks, plates, strips or profile shapes

4414 00 Wooden frames for paintings, photographs, mirrors or similar objects

4415 Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood

(Not including packing material used exclusively as packing material to support, protect or carry another product placed on the market.)

4416 00 00 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves

4418 Builders’ joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes

Pulp and paper of Chapters 47 and 48 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products

9403 30 , 9403 40 , 9403 50 00 , 9403 60 and 9403 90 30 Wooden furniture

9406 10 00 Prefabricated buildings of wood

Amendment

Amendment

| | |
| --- | --- |
| Cattle | ex 0102 Live cattle
  ex 0201 Meat of cattle, fresh or chilled
  ex 0202 Meat of cattle, frozen
  ex 0206 10 Edible offal of cattle, fresh or chilled
  ex 0206 22 Edible cattle livers, frozen
  ex 0206 29 Edible cattle offal (excluding tongues and livers), frozen


  ex 0206 10 Edible offal of bovine animals, fresh or chilled




  ex 0206 21 Edible tongues of bovine animals, frozen




  ex 0210 20 Meat of cattle, salted, in brine, dried or smoked




  ex 1602 50 Meat or meat offal of cattle, prepared or preserved


  ex 4101 Raw hides and skins of cattle (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split
  ex 4104 Tanned or crust hides and skins of cattle, without hair on, whether or not split, but not further prepared
  ex 4107 Leather of cattle, further prepared after tanning or crusting, including parchment-dressed leather, without hair on, whether or not split |
| Swine | 0103 Live swine




  0203 Meat of swine, fresh, chilled or




  frozen




  0210 11 Hams, shoulders and cuts




  thereof, with bone in, of domestic swine




  0210 12 Bellies (streaky) and cuts thereof,




  of domestic swine




  0210 19 Other meat of domestic swine




  20910 Pig fat, free of lean meat, not




  rendered or otherwise extracted, fresh,




  chilled, frozen, salted, in brine, dried or




  smoked |
| Sheep and Goats | 0104 Live sheep and goats




  0204 Meat of sheep or goats, fresh, chilled or frozen |
| Poultry | 0105 Live poultry, that is to say, fowls of




  the species Gallus domesticus, ducks,




  geese, turkeys and guinea fowls




  0207 Meat and edible offal, of the poultry




  heading 0105 , fresh, chilled or frozen




  0209 90 Poultry fat, not rendered or




  otherwise extracted, fresh, chilled, frozen,




  salted, in brine, dried or smoked




  0210 99 39 Salted poultry meat




  1602 31  — 1602 32  — 1602 39 Prepared and preserved poultry |
| Cocoa | 1801 00 00 Cocoa beans, whole or broken, raw or roasted
  1802 00 00 Cocoa shells, husks, skins and other cocoa waste
  1803 Cocoa paste, whether or not defatted,
  1804 00 00 Cocoa butter, fat and oil,
  1805 00 00 Cocoa powder, not containing added sugar or other sweetening matter
  1806 Chocolate and other food preparations containing cocoa |
| Coffee | 0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion |
| Oil palm | 1511 Palm oil and its fractions, whether or not refined, but not chemically modified
  1207 10 Palm nuts and kernels
  1513 21 Crude palm kernel and babassu oil and fractions thereof
  1513 29 Palm kernel and babassu oil and their fractions, whether or not refined, but not chemically modified (excluding Crude oil)
  2306 60 Oilcake and other solid residues of palm nuts or kernels, whether or not ground or in the form of pellets, resulting from the extraction of palm nuts oils or kernels oils


  2905 17 Dodecan-1-ol (lauryl Alcohol), Hexadecan-1-ol (cetyl Alcohol), and Octadecan-1-ol (stearyl Alcohol)




  2905 45 Alcohols; polyhydric, glycerol




  2915 70 Palmitic acid, stearic acid, their salts and esters




  2915 90 Acids; saturated acyclic monocarboxylic acids; anhydrides, halides, peroxides, peroxyacids and halogenated, sulphonated, nitrated or nitrosated derivatives, n.e.c. in heading no. 2915




  HS code groups and subheadings 1517 ..., 3401 ..., 3823 ..., 3824 ..., 3826 Palm-oil and palm kernel oil-based derivates |
| Soya | 1201 Soya beans, whether or not broken
  1208 10 Soya bean flour and meal
  1507 Soya-bean oil and its fractions, whether or not refined, but not chemically modified
  2304 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil |
| Maize | 1005 Maize (corn)




  1102 20 Maize (corn) flour




  1103 13 Cereal groats, meal and pellets of




  maize (corn)




  1103 29 40 Pellets of maize




  1104 19 50 Cereal grains otherwise




  worked of maize




  1104 23 Other worked grains of maize




  (corn)




  1108 12 00 Maize (corn) starch




  1515 21 Maize (corn) oil and its fractions:




  Crude oil




  1904 10 10 Prepared foods obtained by




  the swelling or roasting of cereals or




  cereal products obtained from maize




  2302 10 Bran, sharps and other residues,




  whether or not in the form of pellets




  derived from the sifting, milling or other




  working of cereals or of leguminous




  plants of maize (corn)




  1515 29 Maize oil and fractions thereof, whether or not refined, but not chemically modified (excl. crude)




  2306 90 05 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of maize (corn) germ |
| Wood | 4401 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms


  4402 Wood charcoal, incl. shell or nut charcoal, whether or not agglomerated (excl. wood charcoal used as a medicament, charcoal mixed with incense, activated charcoal and charcoal in the form of crayons)


  4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared
  4406 Railway or tramway sleepers (cross-ties) of wood
  4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm
  4408 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for other similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm
  4409 Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed
  4410 Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances
  4411 Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances
  4412 Plywood, veneered panels and similar laminated wood
  4413 00 00 Densified wood, in blocks, plates, strips or profile shapes
  4414 00 Wooden frames for paintings, photographs, mirrors or similar objects
  4415 Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood
  (Not including packing material used exclusively as packing material to support, protect or carry another product placed on the market.)
  4416 00 00 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves
  4418 Builders’ joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes
  Pulp and paper of Chapters 47 and 48 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products


  4900 Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans


  9403 30 , 9403 40 , 9403 50 00 , 9403 60 and 9403 90 30 Wooden furniture
  9406 10 00 Prefabricated buildings of wood |
| Rubber | 4001 Natural rubber, balata, gutta-percha, guayule, chicle and similar gums; in primary forms or in plates, sheets or strip




  4005 Compounded rubber, unvulcanised, in primary forms or in plates, sheets or strip




  4006 Unvulcanised rubber in other forms (e.g. rods, tubes and profile shapes) and articles (e.g. discs and rings)




  4007 Vulcanised rubber thread and cord




  4008 Plates, sheets, strips, rods and profile shapes, of vulcanised rubber other than hard rubber




  4010 Conveyer or transmission belts or belting, of vulcanised rubber




  4011 New pneumatic tyres, of rubber (other)




  4012 Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, interchangeable tyre treads and tyre flaps, of rubber




  4013 Inner tubes, of rubber




  4015 Articles of apparel and clothing accessories (including gloves), for all purposes of vulcanised rubber other than hard rubber




  4016 Articles of vulcanised rubber other than hard rubber, not elsewhere specified in chapter 40




  4017 Hard rubber (i.e. ebonite) in all forms including waste and scrap; articles of hard rubber |

Cattle

ex 0102 Live cattle

ex 0201 Meat of cattle, fresh or chilled

ex 0202 Meat of cattle, frozen

ex 0206 10 Edible offal of cattle, fresh or chilled

ex 0206 22 Edible cattle livers, frozen

ex 0206 29 Edible cattle offal (excluding tongues and livers), frozen

ex 0206 10 Edible offal of bovine animals, fresh or chilled

ex 0206 10 Edible offal of bovine animals, fresh or chilled

ex 0206 21 Edible tongues of bovine animals, frozen

ex 0206 21 Edible tongues of bovine animals, frozen

ex 0210 20 Meat of cattle, salted, in brine, dried or smoked

ex 0210 20 Meat of cattle, salted, in brine, dried or smoked

ex 1602 50 Meat or meat offal of cattle, prepared or preserved

ex 1602 50 Meat or meat offal of cattle, prepared or preserved

ex 4101 Raw hides and skins of cattle (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split

ex 4104 Tanned or crust hides and skins of cattle, without hair on, whether or not split, but not further prepared

ex 4107 Leather of cattle, further prepared after tanning or crusting, including parchment-dressed leather, without hair on, whether or not split

Swine

Swine

0103 Live swine

0103 Live swine

0203 Meat of swine, fresh, chilled or

0203 Meat of swine, fresh, chilled or

frozen

frozen

0210 11 Hams, shoulders and cuts

0210 11 Hams, shoulders and cuts

thereof, with bone in, of domestic swine

thereof, with bone in, of domestic swine

0210 12 Bellies (streaky) and cuts thereof,

0210 12 Bellies (streaky) and cuts thereof,

of domestic swine

of domestic swine

0210 19 Other meat of domestic swine

0210 19 Other meat of domestic swine

20910 Pig fat, free of lean meat, not

20910 Pig fat, free of lean meat, not

rendered or otherwise extracted, fresh,

rendered or otherwise extracted, fresh,

chilled, frozen, salted, in brine, dried or

chilled, frozen, salted, in brine, dried or

smoked

smoked

Sheep and Goats

Sheep and Goats

0104 Live sheep and goats

0104 Live sheep and goats

0204 Meat of sheep or goats, fresh, chilled or frozen

0204 Meat of sheep or goats, fresh, chilled or frozen

Poultry

Poultry

0105 Live poultry, that is to say, fowls of

0105 Live poultry, that is to say, fowls of

the species Gallus domesticus, ducks,

the species Gallus domesticus, ducks,

geese, turkeys and guinea fowls

geese, turkeys and guinea fowls

0207 Meat and edible offal, of the poultry

0207 Meat and edible offal, of the poultry

heading 0105 , fresh, chilled or frozen

heading 0105 , fresh, chilled or frozen

0209 90 Poultry fat, not rendered or

0209 90 Poultry fat, not rendered or

otherwise extracted, fresh, chilled, frozen,

otherwise extracted, fresh, chilled, frozen,

salted, in brine, dried or smoked

salted, in brine, dried or smoked

0210 99 39 Salted poultry meat

0210 99 39 Salted poultry meat

1602 31  — 1602 32  — 1602 39 Prepared and preserved poultry

1602 31  — 1602 32  — 1602 39 Prepared and preserved poultry

Cocoa

1801 00 00 Cocoa beans, whole or broken, raw or roasted

1802 00 00 Cocoa shells, husks, skins and other cocoa waste

1803 Cocoa paste, whether or not defatted,

1804 00 00 Cocoa butter, fat and oil,

1805 00 00 Cocoa powder, not containing added sugar or other sweetening matter

1806 Chocolate and other food preparations containing cocoa

Coffee

0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion

Oil palm

1511 Palm oil and its fractions, whether or not refined, but not chemically modified

1207 10 Palm nuts and kernels

1513 21 Crude palm kernel and babassu oil and fractions thereof

1513 29 Palm kernel and babassu oil and their fractions, whether or not refined, but not chemically modified (excluding Crude oil)

2306 60 Oilcake and other solid residues of palm nuts or kernels, whether or not ground or in the form of pellets, resulting from the extraction of palm nuts oils or kernels oils

2905 17 Dodecan-1-ol (lauryl Alcohol), Hexadecan-1-ol (cetyl Alcohol), and Octadecan-1-ol (stearyl Alcohol)

2905 17 Dodecan-1-ol (lauryl Alcohol), Hexadecan-1-ol (cetyl Alcohol), and Octadecan-1-ol (stearyl Alcohol)

2905 45 Alcohols; polyhydric, glycerol

2905 45 Alcohols; polyhydric, glycerol

2915 70 Palmitic acid, stearic acid, their salts and esters

2915 70 Palmitic acid, stearic acid, their salts and esters

2915 90 Acids; saturated acyclic monocarboxylic acids; anhydrides, halides, peroxides, peroxyacids and halogenated, sulphonated, nitrated or nitrosated derivatives, n.e.c. in heading no. 2915

2915 90 Acids; saturated acyclic monocarboxylic acids; anhydrides, halides, peroxides, peroxyacids and halogenated, sulphonated, nitrated or nitrosated derivatives, n.e.c. in heading no. 2915

HS code groups and subheadings 1517 ..., 3401 ..., 3823 ..., 3824 ..., 3826 Palm-oil and palm kernel oil-based derivates

HS code groups and subheadings 1517 ..., 3401 ..., 3823 ..., 3824 ..., 3826 Palm-oil and palm kernel oil-based derivates

Soya

1201 Soya beans, whether or not broken

1208 10 Soya bean flour and meal

1507 Soya-bean oil and its fractions, whether or not refined, but not chemically modified

2304 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil

Maize

Maize

1005 Maize (corn)

1005 Maize (corn)

1102 20 Maize (corn) flour

1102 20 Maize (corn) flour

1103 13 Cereal groats, meal and pellets of

1103 13 Cereal groats, meal and pellets of

maize (corn)

maize (corn)

1103 29 40 Pellets of maize

1103 29 40 Pellets of maize

1104 19 50 Cereal grains otherwise

1104 19 50 Cereal grains otherwise

worked of maize

worked of maize

1104 23 Other worked grains of maize

1104 23 Other worked grains of maize

(corn)

(corn)

1108 12 00 Maize (corn) starch

1108 12 00 Maize (corn) starch

1515 21 Maize (corn) oil and its fractions:

1515 21 Maize (corn) oil and its fractions:

Crude oil

Crude oil

1904 10 10 Prepared foods obtained by

1904 10 10 Prepared foods obtained by

the swelling or roasting of cereals or

the swelling or roasting of cereals or

cereal products obtained from maize

cereal products obtained from maize

2302 10 Bran, sharps and other residues,

2302 10 Bran, sharps and other residues,

whether or not in the form of pellets

whether or not in the form of pellets

derived from the sifting, milling or other

derived from the sifting, milling or other

working of cereals or of leguminous

working of cereals or of leguminous

plants of maize (corn)

plants of maize (corn)

1515 29 Maize oil and fractions thereof, whether or not refined, but not chemically modified (excl. crude)

1515 29 Maize oil and fractions thereof, whether or not refined, but not chemically modified (excl. crude)

2306 90 05 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of maize (corn) germ

2306 90 05 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of maize (corn) germ

Wood

4401 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms

4402 Wood charcoal, incl. shell or nut charcoal, whether or not agglomerated (excl. wood charcoal used as a medicament, charcoal mixed with incense, activated charcoal and charcoal in the form of crayons)

4402 Wood charcoal, incl. shell or nut charcoal, whether or not agglomerated (excl. wood charcoal used as a medicament, charcoal mixed with incense, activated charcoal and charcoal in the form of crayons)

4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared

4406 Railway or tramway sleepers (cross-ties) of wood

4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

4408 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for other similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm

4409 Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed

4410 Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances

4411 Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances

4412 Plywood, veneered panels and similar laminated wood

4413 00 00 Densified wood, in blocks, plates, strips or profile shapes

4414 00 Wooden frames for paintings, photographs, mirrors or similar objects

4415 Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood

(Not including packing material used exclusively as packing material to support, protect or carry another product placed on the market.)

4416 00 00 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves

4418 Builders’ joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes

Pulp and paper of Chapters 47 and 48 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products

4900 Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans

4900 Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans

9403 30 , 9403 40 , 9403 50 00 , 9403 60 and 9403 90 30 Wooden furniture

9406 10 00 Prefabricated buildings of wood

Rubber

Rubber

4001 Natural rubber, balata, gutta-percha, guayule, chicle and similar gums; in primary forms or in plates, sheets or strip

4001 Natural rubber, balata, gutta-percha, guayule, chicle and similar gums; in primary forms or in plates, sheets or strip

4005 Compounded rubber, unvulcanised, in primary forms or in plates, sheets or strip

4005 Compounded rubber, unvulcanised, in primary forms or in plates, sheets or strip

4006 Unvulcanised rubber in other forms (e.g. rods, tubes and profile shapes) and articles (e.g. discs and rings)

4006 Unvulcanised rubber in other forms (e.g. rods, tubes and profile shapes) and articles (e.g. discs and rings)

4007 Vulcanised rubber thread and cord

4007 Vulcanised rubber thread and cord

4008 Plates, sheets, strips, rods and profile shapes, of vulcanised rubber other than hard rubber

4008 Plates, sheets, strips, rods and profile shapes, of vulcanised rubber other than hard rubber

4010 Conveyer or transmission belts or belting, of vulcanised rubber

4010 Conveyer or transmission belts or belting, of vulcanised rubber

4011 New pneumatic tyres, of rubber (other)

4011 New pneumatic tyres, of rubber (other)

4012 Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, interchangeable tyre treads and tyre flaps, of rubber

4012 Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, interchangeable tyre treads and tyre flaps, of rubber

4013 Inner tubes, of rubber

4013 Inner tubes, of rubber

4015 Articles of apparel and clothing accessories (including gloves), for all purposes of vulcanised rubber other than hard rubber

4015 Articles of apparel and clothing accessories (including gloves), for all purposes of vulcanised rubber other than hard rubber

4016 Articles of vulcanised rubber other than hard rubber, not elsewhere specified in chapter 40

4016 Articles of vulcanised rubber other than hard rubber, not elsewhere specified in chapter 40

4017 Hard rubber (i.e. ebonite) in all forms including waste and scrap; articles of hard rubber

4017 Hard rubber (i.e. ebonite) in all forms including waste and scrap; articles of hard rubber

Amendment 238

Amendment 238

Proposal for a regulation

Proposal for a regulation

Annex II — paragraph 1 — point 2

Annex II — paragraph 1 — point 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2. | Harmonised System code, free-text description, and quantity (70) of the relevant commodity or product that is intended to be placed on the Union market by the operator; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.

Harmonised System code, free-text description, and quantity (70) of the relevant commodity or product that is intended to be placed on the Union market by the operator;

70

| 2. | Harmonised System code, free-text description
  , including the trade name as well as, where applicable, the full scientific name
  , and quantity (70) of the relevant commodity or product that is intended to be placed on
  or exported from
  the Union market by the operator. |
| --- | --- |

2.

Harmonised System code, free-text description
  , including the trade name as well as, where applicable, the full scientific name
  , and quantity (70) of the relevant commodity or product that is intended to be placed on
  or exported from
  the Union market by the operator.

, including the trade name as well as, where applicable, the full scientific name

70

or exported from

Amendment 239

Amendment 239

Proposal for a regulation

Proposal for a regulation

Annex II — paragraph 1 — point 3

Annex II — paragraph 1 — point 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3. | Country of production and all
  plots of land of production, including
  geo-localisation coordinates, latitude and longitude. Where a product or commodity contains materials, ingredients or components produced in different plots of
  land
  , the geo-location coordinates of all different plots of
  land
  shall be included; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.

Country of production and all
  plots of land of production, including
  geo-localisation coordinates, latitude and longitude. Where a product or commodity contains materials, ingredients or components produced in different plots of
  land
  , the geo-location coordinates of all different plots of
  land
  shall be included;

plots of land of production, including

land

land

| 3. | Country of production and
  parts thereof and
  all geo-localisation coordinates, latitude and longitude
  , of all plots of lands as specified in Article 9 (1) point (d)
  . Where a product or commodity contains materials, ingredients or components produced in different plots of
  lands or polygons
  , the geo-location coordinates of all different plots of
  lands or polygons
  shall be included; |
| --- | --- |

3.

Country of production and
  parts thereof and
  all geo-localisation coordinates, latitude and longitude
  , of all plots of lands as specified in Article 9 (1) point (d)
  . Where a product or commodity contains materials, ingredients or components produced in different plots of
  lands or polygons
  , the geo-location coordinates of all different plots of
  lands or polygons
  shall be included;

parts thereof and

, of all plots of lands as specified in Article 9 (1) point (d)

lands or polygons

lands or polygons

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0219/2022).

1

(18)  Commission Communication of 27 July 2019‘Stepping up EU Action to Protect and Restore the World’s Forests’, COM(2019)0352.

18

(18)  Commission Communication of 27 July 2019‘Stepping up EU Action to Protect and Restore the World’s Forests’, COM(2019)0352.

18

(19)  FAO, Global Forest Resource Assessment 2020, p. XII, https://www.fao.org/documents/card/en/c/ca9825en.

19

(19)  FAO, Global Forest Resource Assessment 2020, p. XII, https://www.fao.org/documents/card/en/c/ca9825en.

19

(20)  IPCC, Climate Change and Land: an IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems, https://www.ipcc.ch/srccl/.

20

(20)  IPCC, Climate Change and Land: an IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems, https://www.ipcc.ch/srccl/.

20

(1a)  
  IPCC Report-Summary for policy makers, February 2022 https://report.ipcc.ch/ar6wg2/pdf/IPCC_AR6_WGII_SummaryForPolicymakers.pdf

1a

IPCC Report-Summary for policy makers, February 2022 https://report.ipcc.ch/ar6wg2/pdf/IPCC_AR6_WGII_SummaryForPolicymakers.pdf

(21)  Forest Europe — Ministerial Conference on the Protection of Forests in Europe, State of Europe’s Forests 2020, https://foresteurope.org/state-europes-forests-2020/.

21

(22)  European Environment Agency, State of the Environment 2020, https://www.eea.europa.eu/soer/publications/soer-2020.

22

(21)  Forest Europe — Ministerial Conference on the Protection of Forests in Europe, State of Europe’s Forests 2020, https://foresteurope.org/state-europes-forests-2020/.

21

(22)  European Environment Agency, State of the Environment 2020, https://www.eea.europa.eu/soer/publications/soer-2020.

22

(23)  COM(2019)0352.

23

(24)  Communication from the Commission to the European Parliament, The European Council, The Council, The European Economic and Social Committee and the Committee of the Regions, The European Green Deal, COM(2019)0640.

24

(25)  Communication from the Commission to the European Parliament, The European Council, The Council, The European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM(2020)0380.

25

(26)  Communication from the Commission to the European Parliament, the Council, the European Council, The European Economic and Social Committee and the Committee of the Regions, A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system, COM(2020)0381.

26

(27)  Communication from the Commission to the European Parliament, the Council, The European Economic and Social Committee and the Committee of the Regions, A new EU Forest Strategy: for forests and the forest-based sector, COM(2013)0659.

27

(28)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan:‘Towards Zero Pollution for Air, Water and Soil’, COM(2021)0400.

28

(29)  e.g. Communication from the Commission to the European Parliament, the Council, the European Council, The European Economic and Social Committee and the Committee of the Regions, A long-term Vision for the EU's Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040, COM (2021)0345.

29

(30)  Communication from the Commission to the European Parliament, the Council, The European Economic and Social Committee and the Committee of the Regions, A sustainable bioeconomy for Europe, Strengthening the connection between economy, society and the environment: updated bioeconomy strategy, Updated Bioeconomy Strategy, COM(2018)0273.

30

(23)  COM(2019)0352.

23

(24)  Communication from the Commission to the European Parliament, The European Council, The Council, The European Economic and Social Committee and the Committee of the Regions, The European Green Deal, COM(2019)0640.

24

(25)  Communication from the Commission to the European Parliament, The European Council, The Council, The European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM(2020)0380.

25

(26)  Communication from the Commission to the European Parliament, the Council, the European Council, The European Economic and Social Committee and the Committee of the Regions, A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system, COM(2020)0381.

26

(27)  Communication from the Commission to the European Parliament, the Council, The European Economic and Social Committee and the Committee of the Regions, A new EU Forest Strategy: for forests and the forest-based sector, COM(2013)0659.

27

(28)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan:‘Towards Zero Pollution for Air, Water and Soil’, COM(2021)0400.

28

(29)  e.g. Communication from the Commission to the European Parliament, the Council, the European Council, The European Economic and Social Committee and the Committee of the Regions, A long-term Vision for the EU's Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040, COM (2021)0345.

29

(30)  Communication from the Commission to the European Parliament, the Council, The European Economic and Social Committee and the Committee of the Regions, A sustainable bioeconomy for Europe, Strengthening the connection between economy, society and the environment: updated bioeconomy strategy, Updated Bioeconomy Strategy, COM(2018)0273.

30

(31)  Council conclusions on the Communication on Stepping Up EU Action to Protect and Restore the World’s Forests (16 December 2019) 15151/19. Available at https://www.consilium.europa.eu/media/41860/st15151-en19.pdf.

31

(31)  Council conclusions on the Communication on Stepping Up EU Action to Protect and Restore the World’s Forests (16 December 2019) 15151/19. Available at https://www.consilium.europa.eu/media/41860/st15151-en19.pdf.

31

(32)  European Parliament resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation (2020/2006(INL) Available at https://www.europarl.europa.eu/doceo/document/TA-9-2020-0285_EN.html.

32

(32)  European Parliament resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation (2020/2006(INL) Available at https://www.europarl.europa.eu/doceo/document/TA-9-2020-0285_EN.html.

32

(33)  Ratified by the EU on 5 October 2016, and entered into force on 4 November 2016.

33

(33)  Ratified by the EU on 5 October 2016, and entered into force on 4 November 2016.

33

(33a)  
  Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).

33a

Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).

(37)  https://ukcop26.org/glasgow-leaders-declaration-on-forests-and-land-use/.

37

(37)  https://ukcop26.org/glasgow-leaders-declaration-on-forests-and-land-use/.

37

(38)  Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Trade Policy Review — An Open, Sustainable and Assertive Trade Policy, COM(2021)0066, 18 February 2021.

38

(38)  Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Trade Policy Review — An Open, Sustainable and Assertive Trade Policy, COM(2021)0066, 18 February 2021.

38

(39)  COM(2019)0352.

39

(39)  COM(2019)0352.

39

(40)  OJ L 295, 12.11.2010, p. 23.

40

(41)  OJ L 347, 30.12.2005, p. 1.

41

(42)  
  https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/11630-Illegal-logging-evaluation-of-EU-rules-fitness-check-_en

42

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/11630-Illegal-logging-evaluation-of-EU-rules-fitness-check-_en

(40)  OJ L 295, 12.11.2010, p. 23.

40

(41)  OJ L 347, 30.12.2005, p. 1.

41

(43)  https://www.forest-trends.org/wp-content/uploads/2021/05/Illicit-Harvest-Complicit-Goods_rev.pdf.

43

(43)  https://www.forest-trends.org/wp-content/uploads/2021/05/Illicit-Harvest-Complicit-Goods_rev.pdf.

43

(44)  Pendrill F., Persson U. M., Kastner, T. 2020.

44

(44)  Pendrill F., Persson U. M., Kastner, T. 2020.

44

(1a)  
  Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).

1a

Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).

(1b)  
  COM(2022)0071.

1b

COM(2022)0071.

(1a)  
  Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

1a

Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

(1a)  
  Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).

1a

Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).

(51)  Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p.
  56–83

  ).

51

56–83

(51)  Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p.
  56

  ).

51

56

(1a)  
  Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ L 156, 25.6.2003, p. 17).

1a

Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ L 156, 25.6.2003, p. 17).

(*1)  
  OJ: Please add the number and date of this Regulation and a footnote containing its publication reference.

*1

OJ: Please add the number and date of this Regulation and a footnote containing its publication reference.

(53)  As defined in Article 3(1) of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC.

53

(53)  As defined in Article 3(1)
  and (2)
  of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC.

53

and (2)

(70)  The quantity must be expressed in kilograms of net mass and, when applicable, also in the supplementary unit set out in Annex I to Council Regulation (EEC) No 2658/87 against the indicated Harmonised System code. A supplementary unit is applicable when it is defined consistently for all possible subheadings under the Harmonised System code mentioned in the due diligence statement.

70

(70)  The quantity must be expressed in kilograms of net mass
  , specifying a percentage estimate or deviation,
  and, when applicable, also in the supplementary unit set out in Annex I to Council Regulation (EEC) No 2658/87 against the indicated Harmonised System code. A supplementary unit is applicable when it is defined consistently for all possible subheadings under the Harmonised System code mentioned in the due diligence statement.

70

, specifying a percentage estimate or deviation,

---

| 5.4.2023 | EN | Official Journal of the European Union | C 125/293 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/293

---

P9_TA(2022)0312

Conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (NAFO) ***I

European Parliament legislative resolution of 13 September 2022 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (COM(2022)0051 — C9-0046/2022 — 2022/0035(COD))

(Ordinary legislative procedure: first reading)

(2023/C 125/22)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2022)0051), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2022)0051),

| — | 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 (C9-0046/2022), |
| --- | --- |

—

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 (C9-0046/2022),

| — | 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 24 March 2022 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 24 March 2022 (1),

| — | having regard to the undertaking given by the Council representative by letter of 13 July 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 undertaking given by the Council representative by letter of 13 July 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 (A9-0198/2022), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A9-0198/2022),

| 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 290, 29.7.2022, p. 149.

---

P9_TC1-COD(2022)0035

Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/2037.)

---

| 5.4.2023 | EN | Official Journal of the European Union | C 125/294 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/294

---

P9_TA(2022)0313

Western and Central Pacific Fisheries Convention Area: conservation and management measures ***I

European Parliament legislative resolution of 13 September 2022 on the proposal for a regulation of the European Parliament and of the Council laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007 (COM(2021)0198 — C9-0153/2021 — 2021/0103(COD))

(Ordinary legislative procedure: first reading)

(2023/C 125/23)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2021)0198), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2021)0198),

| — | 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 (C9-0153/2021), |
| --- | --- |

—

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 (C9-0153/2021),

| — | 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 9 June 2021 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 9 June 2021 (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 June 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 June 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 (A9-0009/2022), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A9-0009/2022),

| 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 341, 24.8.2021, p. 108.

---

P9_TC1-COD(2021)0103

Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/2056.)

---

Wednesday 14 September 2022

| 5.4.2023 | EN | Official Journal of the European Union | C 125/295 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/295

---

P9_TA(2022)0315

Energy efficiency (recast) ***I

Amendments adopted by the European Parliament on 14 September 2022 on the proposal for a directive of the European Parliament and of the Council on energy efficiency (recast) (COM(2021)0558 — C9-0330/2021 — 2021/0203(COD)) (1)

(Ordinary legislative procedure — recast)

[Amendment 1, unless otherwise indicated]

(2023/C 125/24)

AMENDMENTS BY THE EUROPEAN PARLIAMENT (*1)

to the Commission proposal

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on energy efficiency (recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee (2),

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the ordinary legislative procedure,

Whereas:

| (1) | Directive 2012/27/EU of the European Parliament and of the Council (4) has been substantially amended several times (5). Since further amendments are to be made, that Directive should be recast in the interests of clarity. |
| --- | --- |

(1)

Directive 2012/27/EU of the European Parliament and of the Council (4) has been substantially amended several times (5). Since further amendments are to be made, that Directive should be recast in the interests of clarity.

| (2) | With the Climate Target Plan (6), the Commission proposed to raise the Union's ambition by increasing the greenhouse gas emissions (‘GHG’) target to at least 55 % below 1990 levels by 2030. That is a substantial increase compared to the existing 40 % target. The proposal delivered on the commitment made in the Communication on the European Green Deal (7) to put forward a comprehensive plan to increase the Union’s target for 2030 towards 55 % in a responsible way. It is also in accordance with the objectives of the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (the ‘Paris Agreement’) to keep the global temperature increase to well below 2 oC and pursue efforts to keep it to 1,5 oC. |
| --- | --- |

(2)

With the Climate Target Plan (6), the Commission proposed to raise the Union's ambition by increasing the greenhouse gas emissions (‘GHG’) target to at least 55 % below 1990 levels by 2030. That is a substantial increase compared to the existing 40 % target. The proposal delivered on the commitment made in the Communication on the European Green Deal (7) to put forward a comprehensive plan to increase the Union’s target for 2030 towards 55 % in a responsible way. It is also in accordance with the objectives of the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (the ‘Paris Agreement’) to keep the global temperature increase to well below 2 oC and pursue efforts to keep it to 1,5 oC.

| (3) | In December 2020, the European Council endorsed a binding Union target of a net domestic reduction of at least 55 % in greenhouse gas emissions by 2030 compared to 1990 (8). The European Council concluded that the climate ambition needed to be raised in a manner that would spur sustainable economic growth, create jobs, deliver health and environmental benefits for Union citizens, and contribute to the long-term global competitiveness of the Union’s economy by promoting innovation in green technologies. |
| --- | --- |

(3)

In December 2020, the European Council endorsed a binding Union target of a net domestic reduction of at least 55 % in greenhouse gas emissions by 2030 compared to 1990 (8). The European Council concluded that the climate ambition needed to be raised in a manner that would spur sustainable economic growth, create jobs, deliver health and environmental benefits for Union citizens, and contribute to the long-term global competitiveness of the Union’s economy by promoting innovation in green technologies.

| (4) | To implement those objectives, the European Commission 2021 Work Programme (9) announced a ‘Fit for 55’ package to reduce GHG emissions by at least 55 % by 2030, and to achieve a climate-neutral European Union by 2050. This package covers a range of policy areas including energy efficiency, renewable energy, land use, land change and forestry, energy taxation, effort sharing and emissions trading. |
| --- | --- |

(4)

To implement those objectives, the European Commission 2021 Work Programme (9) announced a ‘Fit for 55’ package to reduce GHG emissions by at least 55 % by 2030, and to achieve a climate-neutral European Union by 2050. This package covers a range of policy areas including energy efficiency, renewable energy, land use, land change and forestry, energy taxation, effort sharing and emissions trading.

| (4a) | The ‘Fit for 55’ package should safeguard and create jobs in the Union and enable the Union to become a world leader in the development and uptake of clean technologies in the global energy transition, with particular regard to energy efficiency solutions. |
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(4a)

The ‘Fit for 55’ package should safeguard and create jobs in the Union and enable the Union to become a world leader in the development and uptake of clean technologies in the global energy transition, with particular regard to energy efficiency solutions.

| (5) | Projections indicate that, with the full implementation of current policies, GHG emissions reductions by 2030 would be around 45 % compared to 1990 levels, when excluding land use emissions and absorptions, and around 47 %, when including these. The 2030 Climate Target Plan therefore foresees a set of actions required across all sectors of the economy and revisions of the key legislative instruments to reach that increased ambition. |
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(5)

Projections indicate that, with the full implementation of current policies, GHG emissions reductions by 2030 would be around 45 % compared to 1990 levels, when excluding land use emissions and absorptions, and around 47 %, when including these. The 2030 Climate Target Plan therefore foresees a set of actions required across all sectors of the economy and revisions of the key legislative instruments to reach that increased ambition.

| (6) | Energy efficiency is a key area of action, without which the full decarbonisation of the Union’s economy cannot be achieved (10). The need to capture the cost-effective energy saving opportunities has led to the Union’s current energy efficiency policy. In December 2018, a new 2030 Union headline energy efficiency target of at least 32,5 % (compared to projected energy use in 2030) was included as part of the ‘Clean Energy for All Europeans package’. |
| --- | --- |

(6)

Energy efficiency is a key area of action, without which the full decarbonisation of the Union’s economy cannot be achieved (10). The need to capture the cost-effective energy saving opportunities has led to the Union’s current energy efficiency policy. In December 2018, a new 2030 Union headline energy efficiency target of at least 32,5 % (compared to projected energy use in 2030) was included as part of the ‘Clean Energy for All Europeans package’.

| (7) | To achieve the increased climate ambition, the impact assessment accompanying the Climate Target Plan has shown that energy efficiency improvements will need to be significantly raised from the current level of ambition of 32,5 %.
  An increased ambition of the Union’s 2030 energy efficiency target can reduce the energy prices and be crucial in reducing greenhouse gas emissions, accompanied by an increase and uptake of electrification, hydrogen, e-fuels and other relevant technologies necessary for the green transition, including in the transport sector. Even with rapid growth of green electricity generation, energy efficiency can reduce the need of new power generation capacity. Increased energy efficiency is also highly important for the security of energy supply of the Union through lowering its dependence on import of fuels from third countries. Energy efficiency is one of the cleanest and most cost-efficient measures by which to address that dependency. |
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(7)

To achieve the increased climate ambition, the impact assessment accompanying the Climate Target Plan has shown that energy efficiency improvements will need to be significantly raised from the current level of ambition of 32,5 %.
  An increased ambition of the Union’s 2030 energy efficiency target can reduce the energy prices and be crucial in reducing greenhouse gas emissions, accompanied by an increase and uptake of electrification, hydrogen, e-fuels and other relevant technologies necessary for the green transition, including in the transport sector. Even with rapid growth of green electricity generation, energy efficiency can reduce the need of new power generation capacity. Increased energy efficiency is also highly important for the security of energy supply of the Union through lowering its dependence on import of fuels from third countries. Energy efficiency is one of the cleanest and most cost-efficient measures by which to address that dependency.

| (8) | The sum of national contributions communicated by Member States in their National Energy and Climate Plans (NECPs) falls short of the Union’s level of ambition of 32,5 %. The contributions collectively would lead to a reduction of 29,4 % for final energy consumption and 29,7 % for primary energy consumption compared to the projections from the 2007 reference scenario for 2030. That would translate in a collective gap of 2,8 percentage points for primary energy consumption and 3,1 percentage points for final energy consumption for the EU 27.
  As regards the primary and final energy consumption figures for 2020 and the achievement of the Union target, they should be seen in the context of the temporary effects of the COVID-19 pandemic measures taken in 2020 that considerably slowed down economic activity and transport in particular. The reported levels of primary and final energy consumption for 2020 require careful analysis. |
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(8)

The sum of national contributions communicated by Member States in their National Energy and Climate Plans (NECPs) falls short of the Union’s level of ambition of 32,5 %. The contributions collectively would lead to a reduction of 29,4 % for final energy consumption and 29,7 % for primary energy consumption compared to the projections from the 2007 reference scenario for 2030. That would translate in a collective gap of 2,8 percentage points for primary energy consumption and 3,1 percentage points for final energy consumption for the EU 27.
  As regards the primary and final energy consumption figures for 2020 and the achievement of the Union target, they should be seen in the context of the temporary effects of the COVID-19 pandemic measures taken in 2020 that considerably slowed down economic activity and transport in particular. The reported levels of primary and final energy consumption for 2020 require careful analysis.

| (9) | While the energy savings potential remains large in all sectors, there is a particular challenge related to transport, as it is responsible for more than 30 % of final energy consumption, and to buildings, since 75 % of the Union’s building stock has a poor energy performance. Another increasingly important sector is the information and communications technology (ICT) sector, which is responsible for 5-9 % of the world's total electricity use and more than 2 % of all emissions. In 2018, data centres accounted for 2,7 % of the electricity demand in the EU28 (11). In that context, the Union’s Digital Strategy (12) highlighted the need for highly energy-efficient and sustainable data centres and transparency measures for telecoms operators as regards their environmental footprint. Furthermore, the possible increase in industry’s energy demand that may result from its decarbonisation, particularly for energy intensive processes, should also be taken into account. |
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(9)

While the energy savings potential remains large in all sectors, there is a particular challenge related to transport, as it is responsible for more than 30 % of final energy consumption, and to buildings, since 75 % of the Union’s building stock has a poor energy performance. Another increasingly important sector is the information and communications technology (ICT) sector, which is responsible for 5-9 % of the world's total electricity use and more than 2 % of all emissions. In 2018, data centres accounted for 2,7 % of the electricity demand in the EU28 (11). In that context, the Union’s Digital Strategy (12) highlighted the need for highly energy-efficient and sustainable data centres and transparency measures for telecoms operators as regards their environmental footprint. Furthermore, the possible increase in industry’s energy demand that may result from its decarbonisation, particularly for energy intensive processes, should also be taken into account.

| (10) | The higher level of ambition requires a stronger promotion of cost-effective energy efficiency measures in all areas of the energy system and in all relevant sectors where activity affects energy demand, such as the transport, water and agriculture sectors. Improving energy efficiency throughout the full energy chain, including energy generation, transmission, distribution and end-use, will benefit the environment, improve air quality and public health, reduce GHG emissions, improve energy security
  by decreasing the need for energy imports, in particular of fossil fuels
  , cut energy costs for households and companies, help alleviate energy poverty, and lead to increased competitiveness, more jobs and increased economic activity throughout the economy, thus improving citizens' quality of life. That complies with the Union commitments made in the framework of the Energy Union and global climate agenda established by the 2015 Paris Agreement. |
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(10)

The higher level of ambition requires a stronger promotion of cost-effective energy efficiency measures in all areas of the energy system and in all relevant sectors where activity affects energy demand, such as the transport, water and agriculture sectors. Improving energy efficiency throughout the full energy chain, including energy generation, transmission, distribution and end-use, will benefit the environment, improve air quality and public health, reduce GHG emissions, improve energy security
  by decreasing the need for energy imports, in particular of fossil fuels
  , cut energy costs for households and companies, help alleviate energy poverty, and lead to increased competitiveness, more jobs and increased economic activity throughout the economy, thus improving citizens' quality of life. That complies with the Union commitments made in the framework of the Energy Union and global climate agenda established by the 2015 Paris Agreement.

| (10a) | Improving the energy performance of various sectors, including transport and housing, has the potential to foster urban regeneration, employment, improvement of buildings and changes in mobility and accessibility patterns. It is therefore essential to promote more efficient, sustainable and affordable options. |
| --- | --- |

(10a)

Improving the energy performance of various sectors, including transport and housing, has the potential to foster urban regeneration, employment, improvement of buildings and changes in mobility and accessibility patterns. It is therefore essential to promote more efficient, sustainable and affordable options.

| (11) | This Directive takes a step forward towards climate neutrality by 2050, under which energy efficiency is to be treated as an energy source in its own right. The energy efficiency first principle is an overarching principle that should be taken into account across all sectors, going beyond the energy system, at all levels, including in the financial sector. Energy efficiency solutions should be considered as the first option in policy, planning and investment decisions
  , unless that would lead to an increase of greenhouse gas emissions
  , when setting new rules for the supply side and other policy areas. While the energy efficiency first principle should be applied without prejudice to other legal obligations, objectives and principles, they should also not hamper its application or exempt from applying the principle. The Commission should ensure that energy efficiency and demand-side response can compete on equal terms with generation capacity. Energy efficiency improvements need to be made whenever they are more cost-effective than equivalent supply-side solutions. That should help exploit the multiple benefits of energy efficiency for the Union, in particular for citizens and businesses. Implementing energy efficiency improvement measures should also be a priority in alleviating energy poverty. |
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(11)

This Directive takes a step forward towards climate neutrality by 2050, under which energy efficiency is to be treated as an energy source in its own right. The energy efficiency first principle is an overarching principle that should be taken into account across all sectors, going beyond the energy system, at all levels, including in the financial sector. Energy efficiency solutions should be considered as the first option in policy, planning and investment decisions
  , unless that would lead to an increase of greenhouse gas emissions
  , when setting new rules for the supply side and other policy areas. While the energy efficiency first principle should be applied without prejudice to other legal obligations, objectives and principles, they should also not hamper its application or exempt from applying the principle. The Commission should ensure that energy efficiency and demand-side response can compete on equal terms with generation capacity. Energy efficiency improvements need to be made whenever they are more cost-effective than equivalent supply-side solutions. That should help exploit the multiple benefits of energy efficiency for the Union, in particular for citizens and businesses. Implementing energy efficiency improvement measures should also be a priority in alleviating energy poverty.

| (12) | Energy efficiency should be recognised as a crucial element and a priority consideration in future investment decisions on the Union's energy infrastructure. The energy efficiency first principle should be applied taking primarily the system efficiency approach and societal
  and health
  perspective into consideration
  , paying attention to security of supply, energy system integration and the transition to climate neutrality
  . Consequently, it should help increase the efficiency of individual end-use sectors and of the whole energy system. Application of the principle should also support investments in energy-efficient solutions contributing to environmental objectives listed in Regulation (EU) 2020/852 of the European Parliament and of the Council (13). |
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(12)

Energy efficiency should be recognised as a crucial element and a priority consideration in future investment decisions on the Union's energy infrastructure. The energy efficiency first principle should be applied taking primarily the system efficiency approach and societal
  and health
  perspective into consideration
  , paying attention to security of supply, energy system integration and the transition to climate neutrality
  . Consequently, it should help increase the efficiency of individual end-use sectors and of the whole energy system. Application of the principle should also support investments in energy-efficient solutions contributing to environmental objectives listed in Regulation (EU) 2020/852 of the European Parliament and of the Council (13).

| (13) | The energy efficiency first principle was defined in the Regulation (EU) 2018/1999 of the European Parliament and of the Council (14) and is at the core of the Energy System Integration Strategy (15). While the principle is based on cost-effectiveness, its application has wider implications
  from the societal perspective
  , which
  should be carefully evaluated through robust cost-benefit assessment methodologies that take into account the multiple benefits of energy efficiency
  . The Commission prepared dedicated guidelines for the operation and application of the principle, by proposing specific tools and examples of application in various sectors. The Commission has also issued a recommendation to Member States that builds on the requirements of this Directive and calls for specific actions in relation to the application of the principle.
  Member States should take the utmost account of that recommendation and be guided by it in implementing the energy efficiency principle in practice. |
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(13)

The energy efficiency first principle was defined in the Regulation (EU) 2018/1999 of the European Parliament and of the Council (14) and is at the core of the Energy System Integration Strategy (15). While the principle is based on cost-effectiveness, its application has wider implications
  from the societal perspective
  , which
  should be carefully evaluated through robust cost-benefit assessment methodologies that take into account the multiple benefits of energy efficiency
  . The Commission prepared dedicated guidelines for the operation and application of the principle, by proposing specific tools and examples of application in various sectors. The Commission has also issued a recommendation to Member States that builds on the requirements of this Directive and calls for specific actions in relation to the application of the principle.
  Member States should take the utmost account of that recommendation and be guided by it in implementing the energy efficiency principle in practice.

| (13a) | The energy efficiency first principle implies adopting a holistic approach, which takes into account the overall efficiency of the integrated energy system, security of supply and cost effectiveness and promotes the most efficient solutions for climate neutrality across the whole value chain, from energy production, network transport to final energy consumption, so that efficiencies are achieved in both primary and final energy consumption. That approach should look at the system performance and dynamic use of energy, where demand-side resources and system flexibility are considered to be efficiency solutions. At the same time, the principle can also be applied at a lower asset level when energy efficiency performance of specific solutions is to be identified and solutions are adapted to favour those with a higher efficiency where they also represent a cost-effective decarbonisation pathway. |
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(13a)

The energy efficiency first principle implies adopting a holistic approach, which takes into account the overall efficiency of the integrated energy system, security of supply and cost effectiveness and promotes the most efficient solutions for climate neutrality across the whole value chain, from energy production, network transport to final energy consumption, so that efficiencies are achieved in both primary and final energy consumption. That approach should look at the system performance and dynamic use of energy, where demand-side resources and system flexibility are considered to be efficiency solutions. At the same time, the principle can also be applied at a lower asset level when energy efficiency performance of specific solutions is to be identified and solutions are adapted to favour those with a higher efficiency where they also represent a cost-effective decarbonisation pathway.

| (14) | In order to have an impact, the energy efficiency first principle needs to be consistently applied by
  national, regional, local and sectoral
  decision makers in all relevant
  scenarios and
  policy, planning and major investment decisions — that is to say large-scale investments with a value of more than 50 euro million each or 75 euro million for transport infrastructure projects — affecting energy consumption
  , transmission, distribution, storage
  or supply. The proper application of the principle requires using the right cost-benefit analysis methodology, setting enabling conditions for energy efficient solutions and proper monitoring.
  Cost-benefit analyses should always be based on the most up-to-date information on energy prices and include scenarios for rising prices, such as due to decreasing ETS allowances, in order to provide an incentive to apply energy efficiency measures, and should be systematically developed, carried out and made publicly available
  .
  Priority should be given to demand-side solutions where they are more cost-effective than investments in energy supply infrastructure in meeting policy objectives.
  Demand side flexibility can bring
  wider economic, environmental and societal
  benefits to consumers and
  local communities
  , and can increase the efficiency of the energy system and decrease the energy costs, for example by reducing system operation costs resulting in lower tariffs for all consumers. Member States should take into account potential benefits from demand side flexibility in applying the energy efficiency first principle and where relevant consider demand response
  at both centralised and decentralised level
  , energy storage, and smart solutions as part of their efforts to increase efficiency of the integrated energy system. |
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(14)

In order to have an impact, the energy efficiency first principle needs to be consistently applied by
  national, regional, local and sectoral
  decision makers in all relevant
  scenarios and
  policy, planning and major investment decisions — that is to say large-scale investments with a value of more than 50 euro million each or 75 euro million for transport infrastructure projects — affecting energy consumption
  , transmission, distribution, storage
  or supply. The proper application of the principle requires using the right cost-benefit analysis methodology, setting enabling conditions for energy efficient solutions and proper monitoring.
  Cost-benefit analyses should always be based on the most up-to-date information on energy prices and include scenarios for rising prices, such as due to decreasing ETS allowances, in order to provide an incentive to apply energy efficiency measures, and should be systematically developed, carried out and made publicly available
  .
  Priority should be given to demand-side solutions where they are more cost-effective than investments in energy supply infrastructure in meeting policy objectives.
  Demand side flexibility can bring
  wider economic, environmental and societal
  benefits to consumers and
  local communities
  , and can increase the efficiency of the energy system and decrease the energy costs, for example by reducing system operation costs resulting in lower tariffs for all consumers. Member States should take into account potential benefits from demand side flexibility in applying the energy efficiency first principle and where relevant consider demand response
  at both centralised and decentralised level
  , energy storage, and smart solutions as part of their efforts to increase efficiency of the integrated energy system.

| (15) | The energy efficiency first principle should always be applied in a proportional way and the requirements of this Directive should not entail overlapping or conflicting obligations on Member States, where the application of the principle is ensured directly by other legislation. This might be the case for the projects of common interest included in the Union list pursuant to
  Article 3 of Regulation (EU) 2022/869 of the European Parliament and of the Council
   (16), which introduces the requirements to consider the energy efficiency first principle in the development and assessment for those projects. |
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(15)

The energy efficiency first principle should always be applied in a proportional way and the requirements of this Directive should not entail overlapping or conflicting obligations on Member States, where the application of the principle is ensured directly by other legislation. This might be the case for the projects of common interest included in the Union list pursuant to
  Article 3 of Regulation (EU) 2022/869 of the European Parliament and of the Council
   (16), which introduces the requirements to consider the energy efficiency first principle in the development and assessment for those projects.

| (16) | A fair transition towards a climate-neutral Union by 2050 is central to the European Green Deal. Energy poverty is a key concept consolidated in the legislative package entitled ‘Clean Energy for All Europeans’ and designed to facilitate a just energy transition. Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the Council (17), the Commission provided indicative guidance on appropriate indicators for measuring energy poverty and defining what a ‘significant number of households in energy poverty’ is (18). Directive (EU) 2019/944 and Directive 2009/73/EC of the European Parliament and of the Council (19) requires Member States to take appropriate measures to address energy poverty wherever it is identified, including measures addressing the broader context of poverty.
  This is particularly relevant in a context of rising energy prices and inflationary pressure, where both short and long-term measures should be implemented to address systemic challenges to the Union's energy system. |
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(16)

A fair transition towards a climate-neutral Union by 2050 is central to the European Green Deal. Energy poverty is a key concept consolidated in the legislative package entitled ‘Clean Energy for All Europeans’ and designed to facilitate a just energy transition. Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the Council (17), the Commission provided indicative guidance on appropriate indicators for measuring energy poverty and defining what a ‘significant number of households in energy poverty’ is (18). Directive (EU) 2019/944 and Directive 2009/73/EC of the European Parliament and of the Council (19) requires Member States to take appropriate measures to address energy poverty wherever it is identified, including measures addressing the broader context of poverty.
  This is particularly relevant in a context of rising energy prices and inflationary pressure, where both short and long-term measures should be implemented to address systemic challenges to the Union's energy system.

| (17) | Low and medium income households, vulnerable customers, including final users, people facing or risking energy poverty and people living in social housing
  , as well as SMEs and micro-enterprises,
  should benefit from the application of the energy efficiency first principle. Energy efficiency measures should be implemented as a priority to improve the situations of those individuals and households
  and
  to alleviate energy poverty
  and should not encourage any disproportionate increase in housing, mobility or energy costs
  . A holistic approach in policy making and in implementing policies and measures requires Member States to ensure that other policies and measures have no adverse effect on these individuals and households. |
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(17)

Low and medium income households, vulnerable customers, including final users, people facing or risking energy poverty and people living in social housing
  , as well as SMEs and micro-enterprises,
  should benefit from the application of the energy efficiency first principle. Energy efficiency measures should be implemented as a priority to improve the situations of those individuals and households
  and
  to alleviate energy poverty
  and should not encourage any disproportionate increase in housing, mobility or energy costs
  . A holistic approach in policy making and in implementing policies and measures requires Member States to ensure that other policies and measures have no adverse effect on these individuals and households.

| (18) | This Directive is part of a broader policy framework of energy efficiency policies addressing energy efficiency potentials in specific policy areas, including buildings (Directive 2010/31/EU (20)), products (Directive 2009/125/EC, Regulation (EU) 2017/1369 and Regulation (EU) 2020/740 (21)) and governance mechanism (Regulation (EU) 2018/1999). Those policies play a very important role in delivering energy savings when products are replaced or buildings constructed or renovated (22). |
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(18)

This Directive is part of a broader policy framework of energy efficiency policies addressing energy efficiency potentials in specific policy areas, including buildings (Directive 2010/31/EU (20)), products (Directive 2009/125/EC, Regulation (EU) 2017/1369 and Regulation (EU) 2020/740 (21)) and governance mechanism (Regulation (EU) 2018/1999). Those policies play a very important role in delivering energy savings when products are replaced or buildings constructed or renovated (22).

| (19) | Reaching an ambitious energy efficiency target requires barriers to be removed in order to facilitate investment in energy efficiency measures. The LIFE Clean Energy Transition sub-programme will dedicate funding to support development of the European best practice in energy efficiency policy implementation addressing behavioural, market, and regulatory barriers to energy efficiency. |
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(19)

Reaching an ambitious energy efficiency target requires barriers to be removed in order to facilitate investment in energy efficiency measures. The LIFE Clean Energy Transition sub-programme will dedicate funding to support development of the European best practice in energy efficiency policy implementation addressing behavioural, market, and regulatory barriers to energy efficiency.

| (20) | The European Council of 23 and 24 October 2014 supported a 27 % energy efficiency target for 2030 at Union level, to be reviewed by 2020 having in mind a Union-level target of 30 %. In its resolution of 15 December 2015 entitled ‘Towards a European Energy Union’, the European Parliament called on the Commission to assess, in addition, the viability of a 40 % energy efficiency target for the same timeframe. |
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(20)

The European Council of 23 and 24 October 2014 supported a 27 % energy efficiency target for 2030 at Union level, to be reviewed by 2020 having in mind a Union-level target of 30 %. In its resolution of 15 December 2015 entitled ‘Towards a European Energy Union’, the European Parliament called on the Commission to assess, in addition, the viability of a 40 % energy efficiency target for the same timeframe.

| (21) | It is projected that the 32,5 % Union’s energy efficiency target for 2030 and the other policy instruments of the existing framework would lead to a reduction in GHG emission of about 45 % by 2030 (23). For an increased climate ambition of a 55 % decrease of GHG emissions by 2030, the impact assessment of the 2030 Climate Target Plan assessed what level of efforts would be needed in the different policy areas. It concluded that, in relation to the baseline, achieving the GHG emissions target in a cost-optimal way meant that final and primary energy consumption are to decreased by at least 36-37 % and 39-41 % respectively. |
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(21)

It is projected that the 32,5 % Union’s energy efficiency target for 2030 and the other policy instruments of the existing framework would lead to a reduction in GHG emission of about 45 % by 2030 (23). For an increased climate ambition of a 55 % decrease of GHG emissions by 2030, the impact assessment of the 2030 Climate Target Plan assessed what level of efforts would be needed in the different policy areas. It concluded that, in relation to the baseline, achieving the GHG emissions target in a cost-optimal way meant that final and primary energy consumption are to decreased by at least 36-37 % and 39-41 % respectively.

| (22) | The Union’s energy efficiency target was initially set and calculated using the 2007 Reference Scenario projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target is set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition ▌. The new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts needed ▌. |
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(22)

The Union’s energy efficiency target was initially set and calculated using the 2007 Reference Scenario projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target is set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition ▌. The new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts needed ▌.

| (23) | The methodology for calculation of final and primary energy consumption is aligned with the new Eurostat methodology, but the indicators used for the purpose of this Directive have different scope — that is they exclude ambient heat and include energy consumption in international aviation for the target in final energy consumption. The use of new indicators also implies that any changes in energy consumption of blast furnaces are now only reflected in primary energy consumption. |
| --- | --- |

(23)

The methodology for calculation of final and primary energy consumption is aligned with the new Eurostat methodology, but the indicators used for the purpose of this Directive have different scope — that is they exclude ambient heat and include energy consumption in international aviation for the target in final energy consumption. The use of new indicators also implies that any changes in energy consumption of blast furnaces are now only reflected in primary energy consumption.

| (24) | The need for the Union to improve its energy efficiency should be expressed in primary and final energy consumption, to be achieved in 2030, indicating additional level of efforts required when compared to the measures in place or planned measures in the national energy and climate plans. The 2020 Reference Scenario projects 864 Mtoe of final energy consumption and 1 124 Mtoe of primary energy consumption to be reached in 2030 (excluding ambient heat and including international aviation). An additional reduction of
  14,5 %
  results in
  740
  Mtoe and
  960
  Mtoe in 2030 respectively.
  This corresponds to a reduction of 40 % for final energy consumption and 42,5 % for primary energy consumption respectively when compared to the 2007 Reference Scenario projections for 2030.
  There are no binding targets at Member State level
  to achieve
  the 2020
  energy efficiency target. For the 2030 target, national contributions should become binding
  , and Member States should establish their contributions to the achievement of the Union’s energy efficiency target
  according to
  the formula provided in this Directive. Member States should be free to set their national objectives based either on primary or final energy consumption or primary or final energy savings, or on energy intensity. This Directive amends the way how Member States should express their
  binding
  national contributions to the
  binding
  Union’s target. Member States’
  binding
  contributions to the Union’s target should be expressed in final and primary energy consumption to ensure consistency and monitoring of progress. A regular evaluation of progress towards the achievement of the Union's 2030 targets is necessary and is provided for in Regulation (EU) 2018/1999. |
| --- | --- |

(24)

The need for the Union to improve its energy efficiency should be expressed in primary and final energy consumption, to be achieved in 2030, indicating additional level of efforts required when compared to the measures in place or planned measures in the national energy and climate plans. The 2020 Reference Scenario projects 864 Mtoe of final energy consumption and 1 124 Mtoe of primary energy consumption to be reached in 2030 (excluding ambient heat and including international aviation). An additional reduction of
  14,5 %
  results in
  740
  Mtoe and
  960
  Mtoe in 2030 respectively.
  This corresponds to a reduction of 40 % for final energy consumption and 42,5 % for primary energy consumption respectively when compared to the 2007 Reference Scenario projections for 2030.
  There are no binding targets at Member State level
  to achieve
  the 2020
  energy efficiency target. For the 2030 target, national contributions should become binding
  , and Member States should establish their contributions to the achievement of the Union’s energy efficiency target
  according to
  the formula provided in this Directive. Member States should be free to set their national objectives based either on primary or final energy consumption or primary or final energy savings, or on energy intensity. This Directive amends the way how Member States should express their
  binding
  national contributions to the
  binding
  Union’s target. Member States’
  binding
  contributions to the Union’s target should be expressed in final and primary energy consumption to ensure consistency and monitoring of progress. A regular evaluation of progress towards the achievement of the Union's 2030 targets is necessary and is provided for in Regulation (EU) 2018/1999.

| (25) | The
  energy efficiency target
  should
  be achieved as a result of the cumulative implementation of specific
  local, regional,
  national and European measures promoting energy efficiency in different fields. Member States should be required to set national energy efficiency policies and measures. Those policies and measures and the individual efforts of each Member State should be evaluated by the Commission, alongside data on the progress made, to assess the likelihood of achieving the overall Union target and the extent to which the individual efforts are sufficient to meet the common goal. |
| --- | --- |

(25)

The
  energy efficiency target
  should
  be achieved as a result of the cumulative implementation of specific
  local, regional,
  national and European measures promoting energy efficiency in different fields. Member States should be required to set national energy efficiency policies and measures. Those policies and measures and the individual efforts of each Member State should be evaluated by the Commission, alongside data on the progress made, to assess the likelihood of achieving the overall Union target and the extent to which the individual efforts are sufficient to meet the common goal.

| (26) | The public sector is responsible for around 5 to 10 % of total Union’s final energy consumption. Public authorities spend approximately 1,8 trillion euro annually. This represents around 14 % of the Union’s gross domestic product. For that reason the public sector constitutes an important driver to stimulate market transformation towards more efficient products, buildings and services, as well as to trigger behavioural changes in energy consumption by citizens and enterprises. Furthermore, decreasing energy consumption through energy efficiency improvement measures can free up public resources for other purposes. Public bodies at national, regional and local level should fulfil an exemplary role as regards energy efficiency. |
| --- | --- |

(26)

The public sector is responsible for around 5 to 10 % of total Union’s final energy consumption. Public authorities spend approximately 1,8 trillion euro annually. This represents around 14 % of the Union’s gross domestic product. For that reason the public sector constitutes an important driver to stimulate market transformation towards more efficient products, buildings and services, as well as to trigger behavioural changes in energy consumption by citizens and enterprises. Furthermore, decreasing energy consumption through energy efficiency improvement measures can free up public resources for other purposes. Public bodies at national, regional and local level should fulfil an exemplary role as regards energy efficiency.

| (27) | To lead by example, the public sector should set its own decarbonisation and energy efficiency goals. Energy efficiency improvements in the public sector should reflect the efforts required at Union level. ▌An obligation to achieve an annual reduction of the energy consumption in the public sector by at least
  2 %
  should ensure that the public sector fulfils its exemplary role. Member States retain full flexibility regarding the choice of energy efficiency improvement measures to achieve a reduction of the final energy consumption. Requiring an annual reduction of final energy consumption has a lower administrative burden than establishing measurement methods for energy savings. |
| --- | --- |

(27)

To lead by example, the public sector should set its own decarbonisation and energy efficiency goals. Energy efficiency improvements in the public sector should reflect the efforts required at Union level. ▌An obligation to achieve an annual reduction of the energy consumption in the public sector by at least
  2 %
  should ensure that the public sector fulfils its exemplary role. Member States retain full flexibility regarding the choice of energy efficiency improvement measures to achieve a reduction of the final energy consumption. Requiring an annual reduction of final energy consumption has a lower administrative burden than establishing measurement methods for energy savings.

| (28) | To fulfil their obligation, Member States should target the final energy consumption of all public services and installations of public bodies. To determine the scope of addressees, Member States should apply the definition of contracting authorities provided in the Directive 2014/24/EU of the European Parliament and of the Council (24). The obligation can be fulfilled by the reduction of final energy consumption in any area of the public sector, including transport, public buildings, healthcare, spatial planning, water management and wastewater treatment, sewage and water purification, waste management, district heating and cooling, energy distribution, supply and storage, public lighting, infrastructure planning. To lower the administrative burden for public bodies, Member States should establish digital platforms or tools to collect the aggregated consumption data from public bodies, make them publicly available, and report the data to the Commission. |
| --- | --- |

(28)

To fulfil their obligation, Member States should target the final energy consumption of all public services and installations of public bodies. To determine the scope of addressees, Member States should apply the definition of contracting authorities provided in the Directive 2014/24/EU of the European Parliament and of the Council (24). The obligation can be fulfilled by the reduction of final energy consumption in any area of the public sector, including transport, public buildings, healthcare, spatial planning, water management and wastewater treatment, sewage and water purification, waste management, district heating and cooling, energy distribution, supply and storage, public lighting, infrastructure planning. To lower the administrative burden for public bodies, Member States should establish digital platforms or tools to collect the aggregated consumption data from public bodies, make them publicly available, and report the data to the Commission.

| (29) | Member States should exercise an exemplary role by ensuring that all energy performance contracts
  , energy audits
  and energy management systems are carried out in the public sector in line with European or international standards, or that energy audits are used to a large extent in the intense energy consuming parts of the public sector.
  Member States should provide clear guidance and procedures for the use of those instruments
  . |
| --- | --- |

(29)

Member States should exercise an exemplary role by ensuring that all energy performance contracts
  , energy audits
  and energy management systems are carried out in the public sector in line with European or international standards, or that energy audits are used to a large extent in the intense energy consuming parts of the public sector.
  Member States should provide clear guidance and procedures for the use of those instruments
  .

| (30) | Public authorities are encouraged to obtain support from entities such as sustainable energy agencies, where applicable established at regional or local level. The organisation of those agencies usually reflect the individual needs of public authorities in a certain region or operating in a certain area of the public sector. Centralised agencies can serve the needs better and work more effectively in other respects, for example, in smaller or centralised Member States or regarding complex or cross-regional aspects such as district heating and cooling. Sustainable energy agencies can serve as one-stop-shops pursuant to Article 21. Those agencies are often responsible for developing local or regional decarbonisation plans, which may also include other decarbonisation measures, such as the exchange of fossil fuels boilers, and to support public authorities in the implementation of energy related policies. Sustainable energy agencies or other entities to assist regional and local authorities may have clear competences, objectives and resources in the field of sustainable energy. Sustainable energy agencies could be encouraged to consider initiatives taken in the framework of the Covenant of Mayors, which brings together local governments voluntarily committed to implementing the Union’s climate and energy objectives, and other existing initiatives for this purpose. The decarbonisation plans should be linked to territorial development plans and take into account the comprehensive assessment which the Member States should carry out. |
| --- | --- |

(30)

Public authorities are encouraged to obtain support from entities such as sustainable energy agencies, where applicable established at regional or local level. The organisation of those agencies usually reflect the individual needs of public authorities in a certain region or operating in a certain area of the public sector. Centralised agencies can serve the needs better and work more effectively in other respects, for example, in smaller or centralised Member States or regarding complex or cross-regional aspects such as district heating and cooling. Sustainable energy agencies can serve as one-stop-shops pursuant to Article 21. Those agencies are often responsible for developing local or regional decarbonisation plans, which may also include other decarbonisation measures, such as the exchange of fossil fuels boilers, and to support public authorities in the implementation of energy related policies. Sustainable energy agencies or other entities to assist regional and local authorities may have clear competences, objectives and resources in the field of sustainable energy. Sustainable energy agencies could be encouraged to consider initiatives taken in the framework of the Covenant of Mayors, which brings together local governments voluntarily committed to implementing the Union’s climate and energy objectives, and other existing initiatives for this purpose. The decarbonisation plans should be linked to territorial development plans and take into account the comprehensive assessment which the Member States should carry out.

| (31) | Member States should support public bodies in planning and the uptake of energy efficiency improvement measures, including at regional and local levels, by providing
  financial and technical support and submitting plans addressing the lack of workforce and qualified professionals needed for all stages of the green transition, including craftspeople as well as high-skilled green technology experts, applied scientists and innovators. Member States should support public bodies to take into account the wider benefits beyond energy savings, such as the improved quality of indoor air and healthier indoor environment as well as an improvement of people’s quality of life, in particular for schools, day care centres, nursing homes, sheltered housing and hospitals. Member States should provide
  guidelines promoting competence building and training opportunities and
  encourage
  cooperation amongst public bodies including amongst agencies. For that purpose, Member States could set up national
  and regional
  competence centres on complex issues, such as advising local or regional energy agencies on district heating or cooling. |
| --- | --- |

(31)

Member States should support public bodies in planning and the uptake of energy efficiency improvement measures, including at regional and local levels, by providing
  financial and technical support and submitting plans addressing the lack of workforce and qualified professionals needed for all stages of the green transition, including craftspeople as well as high-skilled green technology experts, applied scientists and innovators. Member States should support public bodies to take into account the wider benefits beyond energy savings, such as the improved quality of indoor air and healthier indoor environment as well as an improvement of people’s quality of life, in particular for schools, day care centres, nursing homes, sheltered housing and hospitals. Member States should provide
  guidelines promoting competence building and training opportunities and
  encourage
  cooperation amongst public bodies including amongst agencies. For that purpose, Member States could set up national
  and regional
  competence centres on complex issues, such as advising local or regional energy agencies on district heating or cooling.

| (31a) | In a situation of energy security crisis and a surge in energy prices, Member States should be provided with incentives to frontload investments in energy savings. To that end, Member States that renovate more than 3 % of the total floor area of their buildings in any given year during the 2024-2026 period should be given the possibility to count the surplus towards the annual renovation rate of any of the three following years. A Member State that renovates more than 3 % of the total floor area of its buildings from 1 January 2027 may count the surplus towards the annual renovation rate of the following two years. That possibility should not be used for purposes that are not in line with the general objectives and the level of ambition of this Directive. |
| --- | --- |

(31a)

In a situation of energy security crisis and a surge in energy prices, Member States should be provided with incentives to frontload investments in energy savings. To that end, Member States that renovate more than 3 % of the total floor area of their buildings in any given year during the 2024-2026 period should be given the possibility to count the surplus towards the annual renovation rate of any of the three following years. A Member State that renovates more than 3 % of the total floor area of its buildings from 1 January 2027 may count the surplus towards the annual renovation rate of the following two years. That possibility should not be used for purposes that are not in line with the general objectives and the level of ambition of this Directive.

| (32) | Buildings and transport, alongside industry, are the main energy users and main source of emissions (25). Buildings are responsible for about 40 % of the Union’s total energy consumption and for 36 % of its GHG from energy (26). The Commission Communication entitled Renovation Wave (27) addresses the twin challenge of energy and resource efficiency and affordability in the building sector and aims at doubling the renovation rate. It focusses on the worst performing buildings, energy poverty and on public buildings. Moreover, buildings are crucial to achieving the Union objective of reaching climate neutrality by 2050. Buildings owned by public bodies
  , and buildings providing services of general interest, such as education (such as day care centres, schools and universities), health (such as hospitals and nursing homes for older people) and social services (such as community centres serving young people, older people and people living in low-income households), or social housing,
  account for a considerable share of the building stock and have high visibility in public life. It is therefore appropriate to set an annual rate of renovation of buildings owned by public bodies
  and buildings for social purposes
  on the territory of a Member State to upgrade their energy performance
  and be transformed into at least nearly zero-energy buildings or zero-emission buildings
  . Member States are invited to set a higher renovation rate, where that is cost-effective in the framework of the renovation of their buildings stock in conformity with their Long Term Renovation Strategies or national renovation programmes. That renovation rate should be without prejudice to the obligations with regard to nearly-zero energy buildings (NZEBs) set in Directive 2010/31/EU of the European Parliament and of the Council (28).
  Member States should be able to apply less stringent requirements to some buildings, such as buildings with special architectural or historical merit.
  During the next review of Directive 2010/31/EU, the Commission should assess the progress Member States achieved regarding the renovation of public bodies’ buildings. The Commission should consider submitting a legislative proposal to revise the renovation rate, while taking into account the progress achieved by the Member States, substantial economic or technical developments, or where needed, the Union’s commitments for decarbonisation and zero pollution. The obligation to renovate public bodies’ buildings in this Directive complements that Directive, which requires Member States to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet the requirements on NZEBs.
  Additional guidance should be provided by the Commission and the Member States on the deep renovation of buildings with historic value. |
| --- | --- |

(32)

Buildings and transport, alongside industry, are the main energy users and main source of emissions (25). Buildings are responsible for about 40 % of the Union’s total energy consumption and for 36 % of its GHG from energy (26). The Commission Communication entitled Renovation Wave (27) addresses the twin challenge of energy and resource efficiency and affordability in the building sector and aims at doubling the renovation rate. It focusses on the worst performing buildings, energy poverty and on public buildings. Moreover, buildings are crucial to achieving the Union objective of reaching climate neutrality by 2050. Buildings owned by public bodies
  , and buildings providing services of general interest, such as education (such as day care centres, schools and universities), health (such as hospitals and nursing homes for older people) and social services (such as community centres serving young people, older people and people living in low-income households), or social housing,
  account for a considerable share of the building stock and have high visibility in public life. It is therefore appropriate to set an annual rate of renovation of buildings owned by public bodies
  and buildings for social purposes
  on the territory of a Member State to upgrade their energy performance
  and be transformed into at least nearly zero-energy buildings or zero-emission buildings
  . Member States are invited to set a higher renovation rate, where that is cost-effective in the framework of the renovation of their buildings stock in conformity with their Long Term Renovation Strategies or national renovation programmes. That renovation rate should be without prejudice to the obligations with regard to nearly-zero energy buildings (NZEBs) set in Directive 2010/31/EU of the European Parliament and of the Council (28).
  Member States should be able to apply less stringent requirements to some buildings, such as buildings with special architectural or historical merit.
  During the next review of Directive 2010/31/EU, the Commission should assess the progress Member States achieved regarding the renovation of public bodies’ buildings. The Commission should consider submitting a legislative proposal to revise the renovation rate, while taking into account the progress achieved by the Member States, substantial economic or technical developments, or where needed, the Union’s commitments for decarbonisation and zero pollution. The obligation to renovate public bodies’ buildings in this Directive complements that Directive, which requires Member States to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet the requirements on NZEBs.
  Additional guidance should be provided by the Commission and the Member States on the deep renovation of buildings with historic value.

| (33) | To set the rate of renovations, Member States need to have an overview of the buildings that do not reach the NZEB level. Therefore, Member States should publish and keep updated an inventory of public buildings
  including social housing
  as part of an overall database of energy performance certificates. That inventory should enable also private actors including energy service companies
  (ESCOs)
  to propose renovation solutions and they can be aggregated by the Union Building Stock Observatory. |
| --- | --- |

(33)

To set the rate of renovations, Member States need to have an overview of the buildings that do not reach the NZEB level. Therefore, Member States should publish and keep updated an inventory of public buildings
  including social housing
  as part of an overall database of energy performance certificates. That inventory should enable also private actors including energy service companies
  (ESCOs)
  to propose renovation solutions and they can be aggregated by the Union Building Stock Observatory.

| (34) | In 2020, more than half of the world’s population lives in urban areas. That figure is expected to reach 68 % by 2050 (29). In addition, half of the urban infrastructures by 2050 are still to be built (30). Cities and metropolitan areas are centres of economic activity, knowledge generation, innovation and new technologies. Cities influence the quality of life of the citizens who live or work in them. Member States should support municipalities technically and financially. A number of municipalities and other public bodies in the Member States have already put into place integrated approaches to energy saving and energy supply
  and sustainable mobility
  , for example via sustainable energy action plans
  or sustainable urban mobility plans
  , such as those developed under the Covenant of Mayors initiative, and integrated urban approaches which go beyond individual interventions in buildings or transport modes.
  Further efforts are needed in the area of improving the energy efficiency of urban mobility, for both passenger and freight transport, as it uses around 40 % of all road transport energy. Regulation ... [revised TEN-T Regulation — 2021/0420(COD)] should contribute significantly to addressing the energy efficiency of urban transport with a consistent, integrated and multimodal approach via the requirement to adopt sustainable urban mobility plans (SUMP) as defined in that Regulation. Moreover, in order to reach the goals of this Directive, Member States should strongly encourage as many local authorities as possible to adopt SUMPs in order to contribute to the reduction of energy consumption and avoid unnecessary transport where possible, in line with the energy efficiency first principle. |
| --- | --- |

(34)

In 2020, more than half of the world’s population lives in urban areas. That figure is expected to reach 68 % by 2050 (29). In addition, half of the urban infrastructures by 2050 are still to be built (30). Cities and metropolitan areas are centres of economic activity, knowledge generation, innovation and new technologies. Cities influence the quality of life of the citizens who live or work in them. Member States should support municipalities technically and financially. A number of municipalities and other public bodies in the Member States have already put into place integrated approaches to energy saving and energy supply
  and sustainable mobility
  , for example via sustainable energy action plans
  or sustainable urban mobility plans
  , such as those developed under the Covenant of Mayors initiative, and integrated urban approaches which go beyond individual interventions in buildings or transport modes.
  Further efforts are needed in the area of improving the energy efficiency of urban mobility, for both passenger and freight transport, as it uses around 40 % of all road transport energy. Regulation ... [revised TEN-T Regulation — 2021/0420(COD)] should contribute significantly to addressing the energy efficiency of urban transport with a consistent, integrated and multimodal approach via the requirement to adopt sustainable urban mobility plans (SUMP) as defined in that Regulation. Moreover, in order to reach the goals of this Directive, Member States should strongly encourage as many local authorities as possible to adopt SUMPs in order to contribute to the reduction of energy consumption and avoid unnecessary transport where possible, in line with the energy efficiency first principle.

| (35) | With regard to the purchase of certain products and services and the purchase and rent of buildings, contracting authorities and contracting entities which conclude public works, supply or service contracts should lead by example and make energy-efficient purchasing decisions and apply the energy efficiency first principle, including for those public contracts and concessions for which no specific requirements are provided for in Annex IV. This should apply to the administrative departments whose competence extends over the whole territory of a Member State. When in a given Member State and for a given competence no such relevant administrative department exists that covers the whole territory, the obligation should apply to those administrative departments whose competences cover collectively the whole territory. The provisions of the Union’s public procurement directives should not however be affected. Member States should remove barriers to joint procurement within a Member State or across borders if this can reduce the costs, enhance the benefits of the internal market by creating business opportunities for suppliers and energy service providers. |
| --- | --- |

(35)

With regard to the purchase of certain products and services and the purchase and rent of buildings, contracting authorities and contracting entities which conclude public works, supply or service contracts should lead by example and make energy-efficient purchasing decisions and apply the energy efficiency first principle, including for those public contracts and concessions for which no specific requirements are provided for in Annex IV. This should apply to the administrative departments whose competence extends over the whole territory of a Member State. When in a given Member State and for a given competence no such relevant administrative department exists that covers the whole territory, the obligation should apply to those administrative departments whose competences cover collectively the whole territory. The provisions of the Union’s public procurement directives should not however be affected. Member States should remove barriers to joint procurement within a Member State or across borders if this can reduce the costs, enhance the benefits of the internal market by creating business opportunities for suppliers and energy service providers.

| (36) | All public entities investing public resources through procurement should lead by example when awarding contracts and concessions by choosing products, services works and buildings with the highest energy efficiency performance, also in relation to those procurements that are not subject to specific requirements under Directive 2009/30/EC. In that context, all award procedures for public contracts and concessions with the value above the thresholds set out in Articles 6 and 7 of Directive 2014/23/EU of the European Parliament and of the Council (31), Article 2(1) of Directive 2014/24/EU of the European Parliament and of the Council (32), and Articles 3 and 4 of Directive 2014/25/EU of the European Parliament and of the Council, need to take into account the energy efficiency performance of the products, buildings and services set by Union or national law, by considering as priority the energy efficiency first principle in their procurement procedures. |
| --- | --- |

(36)

All public entities investing public resources through procurement should lead by example when awarding contracts and concessions by choosing products, services works and buildings with the highest energy efficiency performance, also in relation to those procurements that are not subject to specific requirements under Directive 2009/30/EC. In that context, all award procedures for public contracts and concessions with the value above the thresholds set out in Articles 6 and 7 of Directive 2014/23/EU of the European Parliament and of the Council (31), Article 2(1) of Directive 2014/24/EU of the European Parliament and of the Council (32), and Articles 3 and 4 of Directive 2014/25/EU of the European Parliament and of the Council, need to take into account the energy efficiency performance of the products, buildings and services set by Union or national law, by considering as priority the energy efficiency first principle in their procurement procedures.

| (37) | It is also important that Member States monitor how the energy efficiency requirements are taken into account by contracting authorities and contracting entities in the procurement of products, buildings, works and services by ensuring that information about the impact on energy efficiency of those winning tenders above the thresholds referred to in the procurement directives are made publically available. That allows stakeholders and citizens to assess the role of public sector towards ensuring energy efficiency first in public procurement in a transparent manner. |
| --- | --- |

(37)

It is also important that Member States monitor how the energy efficiency requirements are taken into account by contracting authorities and contracting entities in the procurement of products, buildings, works and services by ensuring that information about the impact on energy efficiency of those winning tenders above the thresholds referred to in the procurement directives are made publically available. That allows stakeholders and citizens to assess the role of public sector towards ensuring energy efficiency first in public procurement in a transparent manner.

| (38) | The European Green Deal recognises the role of circular economy in contributing to overall Union decarbonisation objectives. The public sector
  should
  contribute to those objectives by using their purchasing power to, where appropriate, choose environmentally friendly products, buildings, services and works via available tools for green public procurement, and thus making an important contribution to reduce energy consumption and environmental impacts. |
| --- | --- |

(38)

The European Green Deal recognises the role of circular economy in contributing to overall Union decarbonisation objectives. The public sector
  should
  contribute to those objectives by using their purchasing power to, where appropriate, choose environmentally friendly products, buildings, services and works via available tools for green public procurement, and thus making an important contribution to reduce energy consumption and environmental impacts.

| (39) | It is important that Member States provide the necessary support to public bodies in the uptake of energy efficiency requirements in public procurement and ▌use of green public procurement, by providing necessary guidelines and methodologies on carrying out the assessment of life-cycle costs, and environment impacts and costs. Well-designed tools, in particular digital tools, are expected to facilitate the procurement procedures and reduce the administrative costs especially in smaller Member States that may not have sufficient capacity to prepare tenders. In this regard, Member States should actively promote the use of digital tools and cooperation amongst contracting authorities including across borders for the purpose of exchanging best practice. |
| --- | --- |

(39)

It is important that Member States provide the necessary support to public bodies in the uptake of energy efficiency requirements in public procurement and ▌use of green public procurement, by providing necessary guidelines and methodologies on carrying out the assessment of life-cycle costs, and environment impacts and costs. Well-designed tools, in particular digital tools, are expected to facilitate the procurement procedures and reduce the administrative costs especially in smaller Member States that may not have sufficient capacity to prepare tenders. In this regard, Member States should actively promote the use of digital tools and cooperation amongst contracting authorities including across borders for the purpose of exchanging best practice.

| (40) | Given that buildings are responsible for greenhouse gas emissions before and after their operational lifetime, Member States should also consider the whole life-cycle of carbon emissions of buildings. That takes place in the context of efforts to increase attention to whole life cycle performance, circular economy aspects and environmental impacts, as part of the exemplary role of the public sector. Public procurement can thus serve as an opportunity to address the embodied carbon in buildings over their life-cycle. In this regard, contracting authorities are important actors that
  should
  take action as part of procurement procedures by purchasing new buildings that address global warming potential over the full life-cycle. |
| --- | --- |

(40)

Given that buildings are responsible for greenhouse gas emissions before and after their operational lifetime, Member States should also consider the whole life-cycle of carbon emissions of buildings. That takes place in the context of efforts to increase attention to whole life cycle performance, circular economy aspects and environmental impacts, as part of the exemplary role of the public sector. Public procurement can thus serve as an opportunity to address the embodied carbon in buildings over their life-cycle. In this regard, contracting authorities are important actors that
  should
  take action as part of procurement procedures by purchasing new buildings that address global warming potential over the full life-cycle.

| (41) | The global warming potential over the full life-cycle measures the greenhouse gas emissions associated with the building at different stages along its life cycle. It therefore measures the building’s overall contribution to emissions that lead to climate change. That is sometimes referred to as a carbon footprint assessment or the whole life carbon measurement. It brings together carbon emissions embodied in building materials with direct and indirect carbon emissions from use stage. Buildings are a significant material bank, being repositories for carbon intensive resources over many decades, and so it is important to explore designs that facilitate future reuse and recycling at the end of the operational life
  in line with the new circular economy action plan. Member States should promote circularity, durability, and adaptability of building materials, in order to address the sustainability performance of construction products while setting a competitive and attractive cost, by using all the available financial instruments to provide incentives for the use of circular materials
  . |
| --- | --- |

(41)

The global warming potential over the full life-cycle measures the greenhouse gas emissions associated with the building at different stages along its life cycle. It therefore measures the building’s overall contribution to emissions that lead to climate change. That is sometimes referred to as a carbon footprint assessment or the whole life carbon measurement. It brings together carbon emissions embodied in building materials with direct and indirect carbon emissions from use stage. Buildings are a significant material bank, being repositories for carbon intensive resources over many decades, and so it is important to explore designs that facilitate future reuse and recycling at the end of the operational life
  in line with the new circular economy action plan. Member States should promote circularity, durability, and adaptability of building materials, in order to address the sustainability performance of construction products while setting a competitive and attractive cost, by using all the available financial instruments to provide incentives for the use of circular materials
  .

| (42) | The global warming potential is expressed as a numeric indicator in kgCO2e/m2 (of useful internal floor area) for each life-cycle stage averaged for one year of a reference study period of 50 years. The data selection, scenario definition and calculations are carried out in accordance with standard EN 15978. The scope of building elements and technical equipment are set out in indicator 1,2 of the Level(s) common Union framework. Where a national calculation tool exists, or is required for making disclosures or for obtaining building permits, it should be possible to use that national tool to provide the required information. It should be possible to use other calculation tools, if they fulfil the minimum criteria laid down by the Level(s) common Union framework. |
| --- | --- |

(42)

The global warming potential is expressed as a numeric indicator in kgCO2e/m2 (of useful internal floor area) for each life-cycle stage averaged for one year of a reference study period of 50 years. The data selection, scenario definition and calculations are carried out in accordance with standard EN 15978. The scope of building elements and technical equipment are set out in indicator 1,2 of the Level(s) common Union framework. Where a national calculation tool exists, or is required for making disclosures or for obtaining building permits, it should be possible to use that national tool to provide the required information. It should be possible to use other calculation tools, if they fulfil the minimum criteria laid down by the Level(s) common Union framework.

| (43) | Directive 2010/75/EU of the European Parliament and of the Council (33) governs installations that contribute to energy production or use energy for production purposes, and information on the energy used in or generated by the installation must be included in applications for integrated permits (Article 12(1)(b)). Moreover, that Directive specifies in Article 11 of that Directive that efficient use of energy is one of the general principles governing the basic obligations of the operator and one of the criteria for determining best available techniques pursuant to Annex III of the Directive 2010/75/EU. The operational efficiency of energy systems at any given moment is influenced by the ability to feed power generated from different sources — with different degrees of inertia and start-up times — into the grid smoothly and flexibly. Improving efficiency will enable better use to be made of renewable energy. |
| --- | --- |

(43)

Directive 2010/75/EU of the European Parliament and of the Council (33) governs installations that contribute to energy production or use energy for production purposes, and information on the energy used in or generated by the installation must be included in applications for integrated permits (Article 12(1)(b)). Moreover, that Directive specifies in Article 11 of that Directive that efficient use of energy is one of the general principles governing the basic obligations of the operator and one of the criteria for determining best available techniques pursuant to Annex III of the Directive 2010/75/EU. The operational efficiency of energy systems at any given moment is influenced by the ability to feed power generated from different sources — with different degrees of inertia and start-up times — into the grid smoothly and flexibly. Improving efficiency will enable better use to be made of renewable energy.

| (44) | Improvement in energy efficiency can contribute to higher economic output. Member States and the Union should aim to decrease energy consumption regardless of levels of economic growth. |
| --- | --- |

(44)

Improvement in energy efficiency can contribute to higher economic output. Member States and the Union should aim to decrease energy consumption regardless of levels of economic growth.

| (45) | The energy savings obligation established by this Directive should be increased and should also apply after 2030. That ensures stability for investors and thus encourage long-term investments and long-term energy efficiency measures, such as the deep renovation of buildings with the long-term objective of facilitating the cost effective transformation of existing buildings into NZEBs. 
  Deep renovations that improve the energy performance of a building by at least 60 % are currently carried out annually in only 0,2 % of the building stock, and energy efficiency is significantly improved in only a fifth of the cases.
  The energy savings obligation has an important role in the creation of local growth, jobs, competitiveness and alleviating energy poverty. It should ensure that the Union can achieve its energy and climate objectives by creating further opportunities and to break the link between energy consumption and growth. Cooperation with the private sector is important to assess the conditions on which private investment for energy efficiency projects can be unlocked and to develop new revenue models for innovation in the field of energy efficiency. |
| --- | --- |

(45)

The energy savings obligation established by this Directive should be increased and should also apply after 2030. That ensures stability for investors and thus encourage long-term investments and long-term energy efficiency measures, such as the deep renovation of buildings with the long-term objective of facilitating the cost effective transformation of existing buildings into NZEBs. 
  Deep renovations that improve the energy performance of a building by at least 60 % are currently carried out annually in only 0,2 % of the building stock, and energy efficiency is significantly improved in only a fifth of the cases.
  The energy savings obligation has an important role in the creation of local growth, jobs, competitiveness and alleviating energy poverty. It should ensure that the Union can achieve its energy and climate objectives by creating further opportunities and to break the link between energy consumption and growth. Cooperation with the private sector is important to assess the conditions on which private investment for energy efficiency projects can be unlocked and to develop new revenue models for innovation in the field of energy efficiency.

| (46) | Energy efficiency improvement measures also have a positive impact on air quality, as more energy efficient buildings contribute to reducing the demand for heating fuels, including solid heating fuels. Energy efficiency measures therefore contribute to improving indoor and outdoor air quality and help achieve, in a cost effective manner, the objectives of the Union's air quality policy, as established in particular by Directive (EU) 2016/2284 of the European Parliament and of the Council (34). |
| --- | --- |

(46)

Energy efficiency improvement measures also have a positive impact on air quality, as more energy efficient buildings contribute to reducing the demand for heating fuels, including solid heating fuels. Energy efficiency measures therefore contribute to improving indoor and outdoor air quality and help achieve, in a cost effective manner, the objectives of the Union's air quality policy, as established in particular by Directive (EU) 2016/2284 of the European Parliament and of the Council (34).

| (47) | Member States are required to achieve cumulative end-use energy savings for the entire obligation period up to 2030, equivalent to new annual savings of at least 0,8 % of final energy consumption up to 31 December 2023 and of at least
  2
   % as of 1 January 2024. That requirement could be met by new policy measures that are adopted during the obligation period from 1 January 2021 to 31 December 2030 or by new individual actions as a result of policy measures adopted during or before the previous period, provided that the individual actions that trigger energy savings are introduced during the following period. To that end, Member States should be able to make use of an energy efficiency obligation scheme, alternative policy measures, or both. |
| --- | --- |

(47)

Member States are required to achieve cumulative end-use energy savings for the entire obligation period up to 2030, equivalent to new annual savings of at least 0,8 % of final energy consumption up to 31 December 2023 and of at least
  2
   % as of 1 January 2024. That requirement could be met by new policy measures that are adopted during the obligation period from 1 January 2021 to 31 December 2030 or by new individual actions as a result of policy measures adopted during or before the previous period, provided that the individual actions that trigger energy savings are introduced during the following period. To that end, Member States should be able to make use of an energy efficiency obligation scheme, alternative policy measures, or both.

| (48) | For the period 2021 to 31 December 2023, Cyprus and Malta should be required to achieve cumulative end-use energy savings equivalent to new savings of 0,24 % of final energy consumption only for the period 2021 to 2030. That individual savings rate should cease to apply from 1 January 2024. |
| --- | --- |

(48)

For the period 2021 to 31 December 2023, Cyprus and Malta should be required to achieve cumulative end-use energy savings equivalent to new savings of 0,24 % of final energy consumption only for the period 2021 to 2030. That individual savings rate should cease to apply from 1 January 2024.

| (49) | Where using an obligation scheme, Member States should designate obligated parties among transmission
  system operators, distribution
  system operators, energy distributors, retail energy sales companies and transport fuel distributors or retailers on the basis of objective and non-discriminatory criteria. The designation or exemption from designation of certain categories of such distributors or retailers should not be understood to be incompatible with the principle of non-discrimination. Member States are therefore able to choose whether such transmission
  system operators, distribution
  system operators, distributors or retailers or only certain categories thereof are designated as obligated parties. To empower and protect vulnerable customers
  and low-income households
  , people affected by energy poverty and people living in social housing, and to implement policy measures as a priority among those people, Member States can require obligated parties to achieve energy savings among vulnerable customers, people affected by energy poverty and people living in social housing. For that purpose, Member States can also establish energy cost reduction targets. Obligated parties could achieve these targets by promoting the installation of measures that lead to energy savings and financial savings on energy bills, such as the installation of insulation and heating measures
  , and by supporting energy savings initiatives by renewable energy communities and citizen energy communities
  . 
  Those measures can be particularly beneficial to vulnerable customers, people affected by energy poverty and people living in social housing, as those people tend to live in worse-performing buildings and thus stand to benefit the most from energy efficiency improvements
  . |
| --- | --- |

(49)

Where using an obligation scheme, Member States should designate obligated parties among transmission
  system operators, distribution
  system operators, energy distributors, retail energy sales companies and transport fuel distributors or retailers on the basis of objective and non-discriminatory criteria. The designation or exemption from designation of certain categories of such distributors or retailers should not be understood to be incompatible with the principle of non-discrimination. Member States are therefore able to choose whether such transmission
  system operators, distribution
  system operators, distributors or retailers or only certain categories thereof are designated as obligated parties. To empower and protect vulnerable customers
  and low-income households
  , people affected by energy poverty and people living in social housing, and to implement policy measures as a priority among those people, Member States can require obligated parties to achieve energy savings among vulnerable customers, people affected by energy poverty and people living in social housing. For that purpose, Member States can also establish energy cost reduction targets. Obligated parties could achieve these targets by promoting the installation of measures that lead to energy savings and financial savings on energy bills, such as the installation of insulation and heating measures
  , and by supporting energy savings initiatives by renewable energy communities and citizen energy communities
  . 
  Those measures can be particularly beneficial to vulnerable customers, people affected by energy poverty and people living in social housing, as those people tend to live in worse-performing buildings and thus stand to benefit the most from energy efficiency improvements
  .

| (50) | When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/852 (35). Member States should not promote activities that are not environmentally sustainable such as use of ▌fossil fuels. The energy savings obligation aims at strengthening the response to climate change by promoting incentives to Member States to implement a sustainable and clean policy mix, which is resilient, and mitigates climate change. Therefore, energy savings from policy measures regarding the use of direct fossil fuel combustion
  may
  be eligible energy savings under energy savings obligation
  under certain conditions and for a certain period following the
  transposition of this Directive
  in accordance with Annex V
  . It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the Climate Target Plan, the Renovation Wave Strategy, and mirror the need for action identified by the IEA in its net zero report (36). The restriction aims at encouraging Member States to spend public money into future-proof, sustainable technologies only. It is important that Member States provide a clear policy framework and investment certainty to market actors. The implementation of the calculation methodology under energy savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for example through subsidy schemes or energy efficiency obligation schemes, energy savings may not be eligible anymore under the energy savings obligation. While energy savings resulting, for example, from the promotion of natural gas-based cogeneration would not be eligible, the restriction would not apply for indirect fossil fuel usage, for example where the electricity production includes fossil fuel generation. Policy measures targeting behavioural changes to reduce the consumption of fossil fuel, for example through information campaigns, eco-driving, should remain eligible. The energy savings from policy measures targeting building renovations may contain measures such as a replacement of fossil fuel heating systems together with building fabric improvements, which should be limited to those technologies that allow achieving the required energy savings according to the national building codes established in a Member State. Nevertheless, Member States should promote upgrading heating systems as part of deep renovations in line with the long-term objective of carbon neutrality, i.e. reducing the heating demand and covering the remaining heating demand with a carbon-free energy source.
  When accounting for the savings needed to achieve a share of the energy savings obligation among people affected by energy poverty, Member States may take into account their climatic conditions. |
| --- | --- |

(50)

When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/852 (35). Member States should not promote activities that are not environmentally sustainable such as use of ▌fossil fuels. The energy savings obligation aims at strengthening the response to climate change by promoting incentives to Member States to implement a sustainable and clean policy mix, which is resilient, and mitigates climate change. Therefore, energy savings from policy measures regarding the use of direct fossil fuel combustion
  may
  be eligible energy savings under energy savings obligation
  under certain conditions and for a certain period following the
  transposition of this Directive
  in accordance with Annex V
  . It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the Climate Target Plan, the Renovation Wave Strategy, and mirror the need for action identified by the IEA in its net zero report (36). The restriction aims at encouraging Member States to spend public money into future-proof, sustainable technologies only. It is important that Member States provide a clear policy framework and investment certainty to market actors. The implementation of the calculation methodology under energy savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for example through subsidy schemes or energy efficiency obligation schemes, energy savings may not be eligible anymore under the energy savings obligation. While energy savings resulting, for example, from the promotion of natural gas-based cogeneration would not be eligible, the restriction would not apply for indirect fossil fuel usage, for example where the electricity production includes fossil fuel generation. Policy measures targeting behavioural changes to reduce the consumption of fossil fuel, for example through information campaigns, eco-driving, should remain eligible. The energy savings from policy measures targeting building renovations may contain measures such as a replacement of fossil fuel heating systems together with building fabric improvements, which should be limited to those technologies that allow achieving the required energy savings according to the national building codes established in a Member State. Nevertheless, Member States should promote upgrading heating systems as part of deep renovations in line with the long-term objective of carbon neutrality, i.e. reducing the heating demand and covering the remaining heating demand with a carbon-free energy source.
  When accounting for the savings needed to achieve a share of the energy savings obligation among people affected by energy poverty, Member States may take into account their climatic conditions.

| (51) | Member States' energy efficiency improvement measures in transport are eligible to be taken into account for achieving their end-use energy savings obligation. Such measures include policies that are, inter alia, dedicated to promoting more efficient vehicles
  , including battery powered modes of transport
  , a modal shift to cycling, walking and collective transport, or mobility and urban planning that reduces demand for transport. In addition, schemes which accelerate the uptake of new, more efficient vehicles or policies fostering a shift to fuels with reduced levels of
  greenhouse gas
  emissions, except policy measures regarding the use of direct fossil fuel combustion, that reduce energy use per kilometre are also capable of being eligible, subject to compliance with the rules on materiality and additionality set out in Annex V to this Directive. Policy measures promoting the uptake of new fossil fuel vehicles should not qualify as eligible measures under the energy savings obligation. |
| --- | --- |

(51)

Member States' energy efficiency improvement measures in transport are eligible to be taken into account for achieving their end-use energy savings obligation. Such measures include policies that are, inter alia, dedicated to promoting more efficient vehicles
  , including battery powered modes of transport
  , a modal shift to cycling, walking and collective transport, or mobility and urban planning that reduces demand for transport. In addition, schemes which accelerate the uptake of new, more efficient vehicles or policies fostering a shift to fuels with reduced levels of
  greenhouse gas
  emissions, except policy measures regarding the use of direct fossil fuel combustion, that reduce energy use per kilometre are also capable of being eligible, subject to compliance with the rules on materiality and additionality set out in Annex V to this Directive. Policy measures promoting the uptake of new fossil fuel vehicles should not qualify as eligible measures under the energy savings obligation.

| (52) | Measures taken by Member States pursuant to Regulation (EU) 2018/842 of the European Parliament and of the Council (37) and which result in verifiable, and measurable or estimable, energy efficiency improvements can be considered to be a cost-effective way for Member States to fulfil their energy-saving obligation under this Directive. |
| --- | --- |

(52)

Measures taken by Member States pursuant to Regulation (EU) 2018/842 of the European Parliament and of the Council (37) and which result in verifiable, and measurable or estimable, energy efficiency improvements can be considered to be a cost-effective way for Member States to fulfil their energy-saving obligation under this Directive.

| (53) | As an alternative to requiring obligated parties to achieve the amount of cumulative end-use energy savings required under Article 8(1) of this Directive, it should be possible for Member States, in their obligation schemes, to permit or require obligated parties to contribute to an Energy Efficiency National Fund, which could be used to implement policy measures as a priority among vulnerable customers, people affected by energy poverty and people living in social housing. |
| --- | --- |

(53)

As an alternative to requiring obligated parties to achieve the amount of cumulative end-use energy savings required under Article 8(1) of this Directive, it should be possible for Member States, in their obligation schemes, to permit or require obligated parties to contribute to an Energy Efficiency National Fund, which could be used to implement policy measures as a priority among vulnerable customers, people affected by energy poverty and people living in social housing.

| (54) | Member States and obligated parties should make use of all available means and technologies, except regarding the use of direct fossil fuel combustion technologies, to achieve the cumulative end-use energy savings required, including by promoting
  smart and
  sustainable technologies in efficient district heating and cooling systems, efficient heating and cooling infrastructure
  , efficient and smart buildings, electrical vehicles and industries
  and energy audits or equivalent management systems, provided that the energy savings claimed comply with the requirements laid down in Article 8 and Annex V to this Directive. Member States should aim for a high degree of flexibility in the design and implementation of alternative policy measures. Member States should encourage actions resulting in energy savings over the
  whole lifecycle
  . |
| --- | --- |

(54)

Member States and obligated parties should make use of all available means and technologies, except regarding the use of direct fossil fuel combustion technologies, to achieve the cumulative end-use energy savings required, including by promoting
  smart and
  sustainable technologies in efficient district heating and cooling systems, efficient heating and cooling infrastructure
  , efficient and smart buildings, electrical vehicles and industries
  and energy audits or equivalent management systems, provided that the energy savings claimed comply with the requirements laid down in Article 8 and Annex V to this Directive. Member States should aim for a high degree of flexibility in the design and implementation of alternative policy measures. Member States should encourage actions resulting in energy savings over the
  whole lifecycle
  .

| (55) | Long-term energy efficiency measures will continue to deliver energy savings after 2020 but, in order to contribute to the Union's 2030 energy efficiency target, those measures should deliver new savings after 2020. On the other hand, energy savings achieved after 31 December 2020 should not count towards the cumulative end-use energy savings required for the period from 1 January 2014 to 31 December 2020. |
| --- | --- |

(55)

Long-term energy efficiency measures will continue to deliver energy savings after 2020 but, in order to contribute to the Union's 2030 energy efficiency target, those measures should deliver new savings after 2020. On the other hand, energy savings achieved after 31 December 2020 should not count towards the cumulative end-use energy savings required for the period from 1 January 2014 to 31 December 2020.

| (56) | New savings should be additional to ‘business as usual’, so that savings that would have occurred in any event should not count towards the achievement of the energy savings requirements. In order to calculate the impact of the measures introduced, only net savings, measured as the change of energy consumption that is directly attributable to the energy efficiency measure in question implemented for the purpose of Article 8 of this Directive, should be counted. To calculate net savings, Member States should establish a baseline scenario of how the situation would evolve in the absence of the measure in question. The policy measure in question should be evaluated against that baseline. Member States should take into account minimum requirements provided by the relevant legislative framework at Union level, and should take into account the fact that other policy measures may be carried out in the same time frame which may also have an impact on the amount of energy savings, so that not all changes observed since the introduction of a particular policy measure being evaluated can be attributed to that policy measure alone. The actions of the obligated, participating or entrusted party should in fact contribute to the achievement of the energy savings claimed in order to ensure the fulfilment of the materiality requirement. |
| --- | --- |

(56)

New savings should be additional to ‘business as usual’, so that savings that would have occurred in any event should not count towards the achievement of the energy savings requirements. In order to calculate the impact of the measures introduced, only net savings, measured as the change of energy consumption that is directly attributable to the energy efficiency measure in question implemented for the purpose of Article 8 of this Directive, should be counted. To calculate net savings, Member States should establish a baseline scenario of how the situation would evolve in the absence of the measure in question. The policy measure in question should be evaluated against that baseline. Member States should take into account minimum requirements provided by the relevant legislative framework at Union level, and should take into account the fact that other policy measures may be carried out in the same time frame which may also have an impact on the amount of energy savings, so that not all changes observed since the introduction of a particular policy measure being evaluated can be attributed to that policy measure alone. The actions of the obligated, participating or entrusted party should in fact contribute to the achievement of the energy savings claimed in order to ensure the fulfilment of the materiality requirement.

| (57) | It is important to consider, where relevant, all steps in the energy chain in the calculation of energy savings in order to increase the energy savings potential in the transmission and distribution of electricity. Studies carried out and consultation of stakeholders have revealed a significant potential. However, the physical and economic conditions are quite different among Member States, and often within several Member States, and there is a large number system operators. Those circumstances point to a decentralized approach, pursuant to the subsidiarity principle. National Regulatory Authorities have the required knowledge, legal competences and the administrative capacity to promote the development of an energy efficient electricity grid. Entities such as the European Network of Transmission System Operators for Electricity (ENTSO-E) and the European Entity for Distribution System Operators (the EU DSO Entity) can also provide useful contributions and should support their members in the uptake of energy efficiency measures. |
| --- | --- |

(57)

It is important to consider, where relevant, all steps in the energy chain in the calculation of energy savings in order to increase the energy savings potential in the transmission and distribution of electricity. Studies carried out and consultation of stakeholders have revealed a significant potential. However, the physical and economic conditions are quite different among Member States, and often within several Member States, and there is a large number system operators. Those circumstances point to a decentralized approach, pursuant to the subsidiarity principle. National Regulatory Authorities have the required knowledge, legal competences and the administrative capacity to promote the development of an energy efficient electricity grid. Entities such as the European Network of Transmission System Operators for Electricity (ENTSO-E) and the European Entity for Distribution System Operators (the EU DSO Entity) can also provide useful contributions and should support their members in the uptake of energy efficiency measures.

| (58) | Similar considerations apply for the very large number of natural gas system operators. The role of natural gas and the rate of supply and coverage of the territory is highly variable among Member States. In those cases National Regulatory Authorities are best placed to monitor and steer the system evolution towards an increased efficiency, and entities such as European Network of Transmission System Operators for Gas (ENTSOG) can provide useful contributions and should support their members in the uptake of energy efficiency measures. |
| --- | --- |

(58)

Similar considerations apply for the very large number of natural gas system operators. The role of natural gas and the rate of supply and coverage of the territory is highly variable among Member States. In those cases National Regulatory Authorities are best placed to monitor and steer the system evolution towards an increased efficiency, and entities such as European Network of Transmission System Operators for Gas (ENTSOG) can provide useful contributions and should support their members in the uptake of energy efficiency measures.

| (58a) | ESCOs are important to develop, design, build, and arrange financing for projects that save energy, reduce energy costs, and decrease operations and maintenance costs in sectors such as buildings, industry and transport. |
| --- | --- |

(58a)

ESCOs are important to develop, design, build, and arrange financing for projects that save energy, reduce energy costs, and decrease operations and maintenance costs in sectors such as buildings, industry and transport.

| (59) | Consideration of the water-energy nexus is particularly important to address the interdependent energy and water use and the increasing pressure on both resources.
  The effective management of water can make a significant contribution to energy savings
  yielding not only climate benefits, but also economic and social benefits
  . The water and wastewater sectors account for 3,5 % of electricity use in the Union and that share is expected to rise. At the same time, water leaks account for 24 % of total water consumed in the Union and the energy sector is the largest consumer of water, accounting for 44 % of consumption. The potential for energy savings through the use of smart technologies and processes
  across all industrial, residential and commercial water cycles and applications
  should be fully explored and applied whenever cost-effective and the energy efficiency first principle should be considered. In addition, advanced irrigation technologies
  , rainwater harvesting and water reuse technologies
  could substantially reduce water consumption in agriculture,
  buildings and industry
  and the energy used for treating and transporting it. |
| --- | --- |

(59)

Consideration of the water-energy nexus is particularly important to address the interdependent energy and water use and the increasing pressure on both resources.
  The effective management of water can make a significant contribution to energy savings
  yielding not only climate benefits, but also economic and social benefits
  . The water and wastewater sectors account for 3,5 % of electricity use in the Union and that share is expected to rise. At the same time, water leaks account for 24 % of total water consumed in the Union and the energy sector is the largest consumer of water, accounting for 44 % of consumption. The potential for energy savings through the use of smart technologies and processes
  across all industrial, residential and commercial water cycles and applications
  should be fully explored and applied whenever cost-effective and the energy efficiency first principle should be considered. In addition, advanced irrigation technologies
  , rainwater harvesting and water reuse technologies
  could substantially reduce water consumption in agriculture,
  buildings and industry
  and the energy used for treating and transporting it.

| (60) | In accordance with Article 9 of the Treaty, the Union's energy efficiency policies should be inclusive and should therefore ensure equal access to energy efficiency measures for all consumers affected by energy poverty. Improvements in energy efficiency should be implemented as a priority among vulnerable customers and final users, people affected by energy poverty, and ▌among
  low-income,
  medium-income households and people living in social housing, elderly people and those living in rural and remote areas 
  and in the outermost regions
  . In this context, specific attention should be paid to particular groups which are more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as women, persons with disabilities, elderly people, children, and persons with a minority racial or ethnic background. Member States can require obligated parties to include social aims in energy-saving measures in relation to energy poverty and this possibility had already been extended to alternative policy measures and Energy Efficiency National Funds. That should be transformed into an obligation to protect and empower vulnerable customers and final users and to alleviate energy poverty, while allowing Member States to retain full flexibility with regard to the type of policy measure, their size, scope and content. If an energy efficiency obligation scheme does not permit measures relating to individual energy consumers, the Member State may take measures to alleviate energy poverty by means of alternative policy measures alone. Within its policy mix, Member States should ensure that other policy measures do not have an adverse effect on vulnerable customers, final users, people affected by energy poverty and, where applicable, people living in social housing. Member States should make best possible use of public funding investments into energy efficiency improvement measures, including funding and financial facilities established at Union level. |
| --- | --- |

(60)

In accordance with Article 9 of the Treaty, the Union's energy efficiency policies should be inclusive and should therefore ensure equal access to energy efficiency measures for all consumers affected by energy poverty. Improvements in energy efficiency should be implemented as a priority among vulnerable customers and final users, people affected by energy poverty, and ▌among
  low-income,
  medium-income households and people living in social housing, elderly people and those living in rural and remote areas 
  and in the outermost regions
  . In this context, specific attention should be paid to particular groups which are more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as women, persons with disabilities, elderly people, children, and persons with a minority racial or ethnic background. Member States can require obligated parties to include social aims in energy-saving measures in relation to energy poverty and this possibility had already been extended to alternative policy measures and Energy Efficiency National Funds. That should be transformed into an obligation to protect and empower vulnerable customers and final users and to alleviate energy poverty, while allowing Member States to retain full flexibility with regard to the type of policy measure, their size, scope and content. If an energy efficiency obligation scheme does not permit measures relating to individual energy consumers, the Member State may take measures to alleviate energy poverty by means of alternative policy measures alone. Within its policy mix, Member States should ensure that other policy measures do not have an adverse effect on vulnerable customers, final users, people affected by energy poverty and, where applicable, people living in social housing. Member States should make best possible use of public funding investments into energy efficiency improvement measures, including funding and financial facilities established at Union level.

| (61) | This Directive refers to the concept of vulnerable customers, which Member States are to establish pursuant to Directive (EU) 2019/944. In addition, pursuant to Directive 2012/27/EU, the notion of ‘final users’ alongside the notion of ‘final customer’ clarifies that the rights to billing and consumption information also apply to consumers without individual or direct contracts with the supplier of energy used for collective heating, cooling or domestic hot water production systems in multi-occupant buildings. The concept of vulnerable customers does not necessarily ensure the targeting of final users. Therefore, in order to ensure that the measures set out in this Directive reach all individuals and households in a situation of vulnerability, Member States should include not only customers, in its strict sense, but also final users, in establishing their definition of vulnerable customers. |
| --- | --- |

(61)

This Directive refers to the concept of vulnerable customers, which Member States are to establish pursuant to Directive (EU) 2019/944. In addition, pursuant to Directive 2012/27/EU, the notion of ‘final users’ alongside the notion of ‘final customer’ clarifies that the rights to billing and consumption information also apply to consumers without individual or direct contracts with the supplier of energy used for collective heating, cooling or domestic hot water production systems in multi-occupant buildings. The concept of vulnerable customers does not necessarily ensure the targeting of final users. Therefore, in order to ensure that the measures set out in this Directive reach all individuals and households in a situation of vulnerability, Member States should include not only customers, in its strict sense, but also final users, in establishing their definition of vulnerable customers.

| (62) | Around 34 million households in the Union were unable to keep their home adequately warm in 2019 (38). The European Green Deal prioritises the social dimension of the transition by committing to the principle that ‘no one is left behind’. The green transition, including the clean transition, affects women and men differently and may have a particular impact on some disadvantaged groups including people with disabilities. Energy efficiency measures must therefore be central to any cost-effective strategy to address energy poverty and consumer vulnerability and are complementary to social security policies at Member State level. To ensure that energy efficiency measures reduce energy poverty for tenants sustainably, the cost-effectiveness of such measures, as well as their affordability to property owners and tenants, should be taken into account, and adequate financial and technical support for such measures should be guaranteed at Member State level. Member States should support the local and regional level in identifying and alleviating energy poverty. 
  This includes identifying and addressing the specific needs of particular groups at risk of energy poverty or more susceptible to its effects. To protect people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing, Member States should encourage obligated parties to carry out actions such as renovation of buildings, including social housing, replacement of appliances, financial support and incentives for energy efficiency improvement measures in conformity with national financing and support schemes, or energy audits. Member States should require obligated parties to work with regional and local authorities, and engage with social services and civil society organisations (such as consumer organisations, social NGOs and housing associations) to set up an engagement platform dedicated to the alleviation of energy poverty.
  The Union's building stock needs, in the long term, to be converted to NZEBs in accordance with the objectives of the Paris Agreement. Current building renovation rates are insufficient and buildings occupied by citizens on low incomes who are affected by energy poverty are the hardest to reach. The measures laid down in this Directive with regard to energy savings obligations, energy efficiency obligation schemes and alternative policy measures are therefore of particular importance. |
| --- | --- |

(62)

Around 34 million households in the Union were unable to keep their home adequately warm in 2019 (38). The European Green Deal prioritises the social dimension of the transition by committing to the principle that ‘no one is left behind’. The green transition, including the clean transition, affects women and men differently and may have a particular impact on some disadvantaged groups including people with disabilities. Energy efficiency measures must therefore be central to any cost-effective strategy to address energy poverty and consumer vulnerability and are complementary to social security policies at Member State level. To ensure that energy efficiency measures reduce energy poverty for tenants sustainably, the cost-effectiveness of such measures, as well as their affordability to property owners and tenants, should be taken into account, and adequate financial and technical support for such measures should be guaranteed at Member State level. Member States should support the local and regional level in identifying and alleviating energy poverty. 
  This includes identifying and addressing the specific needs of particular groups at risk of energy poverty or more susceptible to its effects. To protect people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing, Member States should encourage obligated parties to carry out actions such as renovation of buildings, including social housing, replacement of appliances, financial support and incentives for energy efficiency improvement measures in conformity with national financing and support schemes, or energy audits. Member States should require obligated parties to work with regional and local authorities, and engage with social services and civil society organisations (such as consumer organisations, social NGOs and housing associations) to set up an engagement platform dedicated to the alleviation of energy poverty.
  The Union's building stock needs, in the long term, to be converted to NZEBs in accordance with the objectives of the Paris Agreement. Current building renovation rates are insufficient and buildings occupied by citizens on low incomes who are affected by energy poverty are the hardest to reach. The measures laid down in this Directive with regard to energy savings obligations, energy efficiency obligation schemes and alternative policy measures are therefore of particular importance.

| (63) | To tap the energy savings potential in certain market segments where energy audits are generally not offered commercially (such as small and medium-sized enterprises (SMEs)), Member States should develop programmes to encourage
  and support
  SMEs to undergo energy audits
  and to implement recommendations from the energy audits, for example by setting up support schemes, such as energy audit centres for SMEs and microenterprises to cover costs of an energy audit. Such centres could be based in universities, with a central database for collecting and communicating audit results
  . Energy audits should be mandatory and regular for large enterprises, as energy savings can be significant. Energy audits should take into account relevant European or international standards, such as EN ISO 50001 (Energy Management Systems),
  EN ISO 50005 (Energy Management Systems),
  EN 16247-1 (Energy Audits),
  ISO 50002 (Energy Audits)
  or, if including an energy audit, EN ISO 14000 (Environmental Management Systems) and thus be also in line with the provisions of Annex VI to this Directive as such provisions do not go beyond the requirements of these relevant standards. A specific European standard on energy audits is currently under development. Energy audits may be carried out on a stand-alone basis or be part of a broader environmental management system or an energy performance contract. In all such cases those systems should comply with the minimum requirements of Annex VI. In addition, specific mechanisms and schemes established to monitor emissions and fuel consumption by certain transport operators, for example under EU law the EU ETS, may be considered compatible with energy audits, including in energy management systems, if they comply with the minimum requirements set out in Annex VI. |
| --- | --- |

(63)

To tap the energy savings potential in certain market segments where energy audits are generally not offered commercially (such as small and medium-sized enterprises (SMEs)), Member States should develop programmes to encourage
  and support
  SMEs to undergo energy audits
  and to implement recommendations from the energy audits, for example by setting up support schemes, such as energy audit centres for SMEs and microenterprises to cover costs of an energy audit. Such centres could be based in universities, with a central database for collecting and communicating audit results
  . Energy audits should be mandatory and regular for large enterprises, as energy savings can be significant. Energy audits should take into account relevant European or international standards, such as EN ISO 50001 (Energy Management Systems),
  EN ISO 50005 (Energy Management Systems),
  EN 16247-1 (Energy Audits),
  ISO 50002 (Energy Audits)
  or, if including an energy audit, EN ISO 14000 (Environmental Management Systems) and thus be also in line with the provisions of Annex VI to this Directive as such provisions do not go beyond the requirements of these relevant standards. A specific European standard on energy audits is currently under development. Energy audits may be carried out on a stand-alone basis or be part of a broader environmental management system or an energy performance contract. In all such cases those systems should comply with the minimum requirements of Annex VI. In addition, specific mechanisms and schemes established to monitor emissions and fuel consumption by certain transport operators, for example under EU law the EU ETS, may be considered compatible with energy audits, including in energy management systems, if they comply with the minimum requirements set out in Annex VI.

| (63a) | Member States should ensure the mandatory nature of implementing the recommendations of energy audits by enterprises. The absence of the obligation to implement audit recommendations is a major reason why those recommendations are not adequately taken into account by enterprises. |
| --- | --- |

(63a)

Member States should ensure the mandatory nature of implementing the recommendations of energy audits by enterprises. The absence of the obligation to implement audit recommendations is a major reason why those recommendations are not adequately taken into account by enterprises.

| (64) | The enterprise’s average consumption should be the criterion to define the application of energy management systems and of energy audits in order to increase the sensitivity of those mechanisms in identifying relevant opportunities for cost-effective energy savings. Enterprises that are below the consumption thresholds defined for energy management systems and energy audits should be encouraged
  and be provided technical support
  to undergo energy audits and to implement the recommendations resulting from those audits. |
| --- | --- |

(64)

The enterprise’s average consumption should be the criterion to define the application of energy management systems and of energy audits in order to increase the sensitivity of those mechanisms in identifying relevant opportunities for cost-effective energy savings. Enterprises that are below the consumption thresholds defined for energy management systems and energy audits should be encouraged
  and be provided technical support
  to undergo energy audits and to implement the recommendations resulting from those audits.

| (65) | Where energy audits are carried out by in-house experts, the necessary independence would require these experts not to be directly engaged in the activity audited. |
| --- | --- |

(65)

Where energy audits are carried out by in-house experts, the necessary independence would require these experts not to be directly engaged in the activity audited.

| (66) | The information and communications technology (ICT) sector another important sector which receives increasing attention. In 2018 the energy consumption of data centres in the EU was 76,8 TWh. This is expected to rise to 98,5 TWh by 2030, a 28 % increase. This increase in absolute terms can as well be seen in relative terms: within the EU, data centres accounted for 2,7 % of electricity demand in 2018 and will reach 3,21 % by 2030 if development continues on the current trajectory (39). Europe’s Digital Strategy already highlighted the need for highly energy-efficient and sustainable data centres and calls for transparency measures for telecommunication operators on their environmental footprint. To promote sustainable development in the ICT sector, particularly of data centres, Member States should collect and publish data, which is relevant for the energy performance, water footprint
  and demand-side flexibility
  of data centres,
  on the basis of a common Union template
  . Member States should collect and publish data only about data centres with
  an installed IT power demand of at least 100 kW
  , for which appropriate design or efficiency interventions, for new or existing installations respectively, can result in a considerable reduction of the energy and water consumption
  , an increase in systems’ efficiency promoting decarbonisation of the grid
  or in the reuse of waste heat in nearby facilities and heat networks.
  Data
  centre sustainability
  indicators should
  be established on the basis of that data collected
  , taking also into account already existing initiatives in the sector. With a view to facilitating disclosure, the Commission should prepare guidelines on monitoring and publishing information about the energy performance of data centres, after carrying out consultations with relevant stakeholders and considering existing standardised metrics. It is imperative to have a harmonised approach across Member States, in order to avoid different reporting schemes and key performance indicators between Member States. |
| --- | --- |

(66)

The information and communications technology (ICT) sector another important sector which receives increasing attention. In 2018 the energy consumption of data centres in the EU was 76,8 TWh. This is expected to rise to 98,5 TWh by 2030, a 28 % increase. This increase in absolute terms can as well be seen in relative terms: within the EU, data centres accounted for 2,7 % of electricity demand in 2018 and will reach 3,21 % by 2030 if development continues on the current trajectory (39). Europe’s Digital Strategy already highlighted the need for highly energy-efficient and sustainable data centres and calls for transparency measures for telecommunication operators on their environmental footprint. To promote sustainable development in the ICT sector, particularly of data centres, Member States should collect and publish data, which is relevant for the energy performance, water footprint
  and demand-side flexibility
  of data centres,
  on the basis of a common Union template
  . Member States should collect and publish data only about data centres with
  an installed IT power demand of at least 100 kW
  , for which appropriate design or efficiency interventions, for new or existing installations respectively, can result in a considerable reduction of the energy and water consumption
  , an increase in systems’ efficiency promoting decarbonisation of the grid
  or in the reuse of waste heat in nearby facilities and heat networks.
  Data
  centre sustainability
  indicators should
  be established on the basis of that data collected
  , taking also into account already existing initiatives in the sector. With a view to facilitating disclosure, the Commission should prepare guidelines on monitoring and publishing information about the energy performance of data centres, after carrying out consultations with relevant stakeholders and considering existing standardised metrics. It is imperative to have a harmonised approach across Member States, in order to avoid different reporting schemes and key performance indicators between Member States.

| (67) | The data centre sustainability indicators
  should
  be used to measure four basic dimensions of a sustainable data centre, namely how efficiently it uses energy, how much of that energy comes from renewable energy sources, the reuse of any waste heat that it produces
  , the effectiveness of cooling, the effectiveness of carbon usage
  and the usage of freshwater. The data centre sustainability indicators should raise awareness amongst
  network operators,
  data centre owners and operators, manufactures of equipment, developers of software and services, users of data centre services at all levels as well as entities and organisations that deploy, use or procure cloud and data centre services. It should also give confidence about the actual improvements following efforts and measures to increase the sustainability in new or existing data centres. Finally, it should be used as a basis for transparent and evidence-based planning and decision-making. Use of the data centre sustainability indicators should be
  mandatory
  for Member States. Use of the data centre sustainability indicator should be optional for Member States.
  The Commission should assess the efficiency of data centres based on the information communicated by Member States. |
| --- | --- |

(67)

The data centre sustainability indicators
  should
  be used to measure four basic dimensions of a sustainable data centre, namely how efficiently it uses energy, how much of that energy comes from renewable energy sources, the reuse of any waste heat that it produces
  , the effectiveness of cooling, the effectiveness of carbon usage
  and the usage of freshwater. The data centre sustainability indicators should raise awareness amongst
  network operators,
  data centre owners and operators, manufactures of equipment, developers of software and services, users of data centre services at all levels as well as entities and organisations that deploy, use or procure cloud and data centre services. It should also give confidence about the actual improvements following efforts and measures to increase the sustainability in new or existing data centres. Finally, it should be used as a basis for transparent and evidence-based planning and decision-making. Use of the data centre sustainability indicators should be
  mandatory
  for Member States. Use of the data centre sustainability indicator should be optional for Member States.
  The Commission should assess the efficiency of data centres based on the information communicated by Member States.

| (67a) | The Commission should, in line with Regulation (EU) 2021/1119 of the European Parliament and of the Council
   (40)

  , establish sector-specific energy efficiency partnerships by bringing together key stakeholders, including NGOs and social partners, in sectors such as ICT, transport, finance and buildings in an inclusive and representative manner. |
| --- | --- |

(67a)

The Commission should, in line with Regulation (EU) 2021/1119 of the European Parliament and of the Council
   (40)

  , establish sector-specific energy efficiency partnerships by bringing together key stakeholders, including NGOs and social partners, in sectors such as ICT, transport, finance and buildings in an inclusive and representative manner.

| (68) | Lower consumer spending on energy should be achieved by assisting consumers in reducing their energy use by reducing the energy needs of buildings and improvements in the efficiency of appliances, which should be combined with the availability of low-energy transport modes integrated with public transport
  , shared mobility
  and cycling. Member States should also consider improving connectivity in rural and remote areas. |
| --- | --- |

(68)

Lower consumer spending on energy should be achieved by assisting consumers in reducing their energy use by reducing the energy needs of buildings and improvements in the efficiency of appliances, which should be combined with the availability of low-energy transport modes integrated with public transport
  , shared mobility
  and cycling. Member States should also consider improving connectivity in rural and remote areas.

| (69) | It is crucial to raise the awareness of all Union citizens about the benefits of increased energy efficiency and to provide them with accurate information on the ways in which it can be achieved. Citizens of all ages should also be involved in the energy transition via the European Climate Pact and the Conference on the Future of Europe. Increased energy efficiency is also highly important for the security of energy supply of the Union through lowering its dependence on import of fuels from third countries. |
| --- | --- |

(69)

It is crucial to raise the awareness of all Union citizens about the benefits of increased energy efficiency and to provide them with accurate information on the ways in which it can be achieved. Citizens of all ages should also be involved in the energy transition via the European Climate Pact and the Conference on the Future of Europe. Increased energy efficiency is also highly important for the security of energy supply of the Union through lowering its dependence on import of fuels from third countries.

| (70) | The costs and benefits of all energy efficiency measures taken, including pay-back periods, should be made fully transparent to consumers. |
| --- | --- |

(70)

The costs and benefits of all energy efficiency measures taken, including pay-back periods, should be made fully transparent to consumers.

| (71) | When implementing this Directive and taking other measures in the field of energy efficiency, Member States should pay particular attention to synergies between energy efficiency measures and the efficient use of natural resources in line with the principles of the circular economy. |
| --- | --- |

(71)

When implementing this Directive and taking other measures in the field of energy efficiency, Member States should pay particular attention to synergies between energy efficiency measures and the efficient use of natural resources in line with the principles of the circular economy.

| (72) | Taking advantage of new business models and technologies, Member States should endeavour to promote and facilitate the uptake of energy efficiency measures, including through innovative energy services for large and small customers. |
| --- | --- |

(72)

Taking advantage of new business models and technologies, Member States should endeavour to promote and facilitate the uptake of energy efficiency measures, including through innovative energy services for large and small customers.

| (73) | It is necessary to provide for frequent and enhanced feedback on energy consumption where technically feasible and cost-efficient in view of the measurement devices in place. This Directive clarifies that whether sub-metering is cost-efficient or not depends on whether the related costs are proportionate to the potential energy savings. The assessment of whether sub-metering is cost-efficient may take into account the effect of other concrete, planned measures in a given building, such as any forthcoming renovation.
  Member States should ensure that, in so far as it is technically possible, financially reasonable, and proportionate to the potential energy savings, for natural gas, heating, cooling and domestic hot water, final customers are provided with competitively priced individual meters that accurately reflect the final customer's actual energy consumption and that provide information on actual time of use. |
| --- | --- |

(73)

It is necessary to provide for frequent and enhanced feedback on energy consumption where technically feasible and cost-efficient in view of the measurement devices in place. This Directive clarifies that whether sub-metering is cost-efficient or not depends on whether the related costs are proportionate to the potential energy savings. The assessment of whether sub-metering is cost-efficient may take into account the effect of other concrete, planned measures in a given building, such as any forthcoming renovation.
  Member States should ensure that, in so far as it is technically possible, financially reasonable, and proportionate to the potential energy savings, for natural gas, heating, cooling and domestic hot water, final customers are provided with competitively priced individual meters that accurately reflect the final customer's actual energy consumption and that provide information on actual time of use.

| (74) | This Directive also clarifies that rights relating to billing, and information about billing or consumption should apply to consumers of heating, cooling or domestic hot water supplied from a central source even where they have no direct, individual contractual relationship with an energy supplier. |
| --- | --- |

(74)

This Directive also clarifies that rights relating to billing, and information about billing or consumption should apply to consumers of heating, cooling or domestic hot water supplied from a central source even where they have no direct, individual contractual relationship with an energy supplier.

| (75) | In order to achieve the transparency of accounting for individual consumption of thermal energy and thereby facilitate the implementation of sub-metering, Member States should ensure they have in place transparent, publicly available national rules on the allocation of the cost of heating, cooling and domestic hot water consumption in multi-apartment and multi-purpose buildings. In addition to transparency, Member States could consider taking measures to strengthen competition in the provision of sub-metering services and thereby help ensure that any costs borne by the final users are reasonable. |
| --- | --- |

(75)

In order to achieve the transparency of accounting for individual consumption of thermal energy and thereby facilitate the implementation of sub-metering, Member States should ensure they have in place transparent, publicly available national rules on the allocation of the cost of heating, cooling and domestic hot water consumption in multi-apartment and multi-purpose buildings. In addition to transparency, Member States could consider taking measures to strengthen competition in the provision of sub-metering services and thereby help ensure that any costs borne by the final users are reasonable.

| (76) | Newly installed heat meters and heat cost allocators should be remotely readable to ensure cost-effective, frequent provision of consumption information
  and to be able to deliver information such as detailed temperatures and phase load. All data should be made easily available in real time and shareable for the final energy customer. Meters and sub-meters should display energy consumption in an accessible and user-friendly form
  . The provisions of this Directive relating to metering for heating, cooling and domestic hot water; sub-metering and cost allocation for heating, cooling and domestic hot water; remote reading requirement; billing and consumption information for heating and cooling and domestic hot water; cost of access to metering and billing and consumption information for heating, cooling and domestic hot water; and the minimum requirements for billing and consumption information for heating, cooling and domestic hot water are intended to apply only to heating, cooling and domestic hot water supplied from a central source. Member States are free to decide whether walk-by or drive-by technologies are to be considered remotely readable or not. Remotely readable devices do not require access to individual apartments or units to be read. |
| --- | --- |

(76)

Newly installed heat meters and heat cost allocators should be remotely readable to ensure cost-effective, frequent provision of consumption information
  and to be able to deliver information such as detailed temperatures and phase load. All data should be made easily available in real time and shareable for the final energy customer. Meters and sub-meters should display energy consumption in an accessible and user-friendly form
  . The provisions of this Directive relating to metering for heating, cooling and domestic hot water; sub-metering and cost allocation for heating, cooling and domestic hot water; remote reading requirement; billing and consumption information for heating and cooling and domestic hot water; cost of access to metering and billing and consumption information for heating, cooling and domestic hot water; and the minimum requirements for billing and consumption information for heating, cooling and domestic hot water are intended to apply only to heating, cooling and domestic hot water supplied from a central source. Member States are free to decide whether walk-by or drive-by technologies are to be considered remotely readable or not. Remotely readable devices do not require access to individual apartments or units to be read.

| (77) | Member States should take into account the fact that the successful implementation of new technologies for measuring energy consumption requires enhanced investment in education and skills for both users and energy suppliers. |
| --- | --- |

(77)

Member States should take into account the fact that the successful implementation of new technologies for measuring energy consumption requires enhanced investment in education and skills for both users and energy suppliers.

| (78) | Billing information and annual statements are an important means by which customers are informed of their energy consumption. Data on consumption and costs can also convey other information that helps consumers to compare their current deal with other offers and to make use of complaint management and alternative dispute resolution mechanisms. However, considering that bill-related disputes are a common source of consumer complaints and a factor which contributes to persistently low levels of consumer satisfaction and engagement with their energy providers, it is necessary to make bills simpler, clearer and easier to understand, while ensuring that separate instruments, such as billing information, information tools and annual statements, provide all the necessary information to enable consumers to regulate their energy consumption, compare offers and switch suppliers. |
| --- | --- |

(78)

Billing information and annual statements are an important means by which customers are informed of their energy consumption. Data on consumption and costs can also convey other information that helps consumers to compare their current deal with other offers and to make use of complaint management and alternative dispute resolution mechanisms. However, considering that bill-related disputes are a common source of consumer complaints and a factor which contributes to persistently low levels of consumer satisfaction and engagement with their energy providers, it is necessary to make bills simpler, clearer and easier to understand, while ensuring that separate instruments, such as billing information, information tools and annual statements, provide all the necessary information to enable consumers to regulate their energy consumption, compare offers and switch suppliers.

| (79) | When designing energy efficiency improvement measures, Member States should take due account of the need to ensure the correct functioning of the internal market and the coherent implementation of the acquis, in accordance with the TFEU. |
| --- | --- |

(79)

When designing energy efficiency improvement measures, Member States should take due account of the need to ensure the correct functioning of the internal market and the coherent implementation of the acquis, in accordance with the TFEU.

| (80) | High-efficiency cogeneration and efficient district heating and cooling have significant potential for saving primary energy in the Union. Member States should carry out a comprehensive assessment of the potential for high-efficiency cogeneration and efficient district heating and cooling. Those assessments should
  be based on a baseline scenario leading to a renewable energy-based national heating and cooling sector within a timeframe compatible with the achievement of the climate neutrality objective and
  be coherent with the integrated national energy and climate plans and long term renovation strategies. New electricity generation installations and existing installations which are substantially refurbished or whose permit or licence is updated should, subject to a cost-benefit analysis showing a cost-benefit surplus, be equipped with high-efficiency cogeneration units to recover waste heat stemming from the production of electricity. Similarly, other facilities with substantial annual average energy input should be equipped with technical solutions to deploy waste heat from the facility where the cost-benefit analysis shows a cost-benefit surplus. This waste heat could be transported where it is needed through district heating networks. The events that trigger a requirement for authorisation criteria to be applied will generally be events that also trigger requirements for permits under Directive 2010/75/EU of the European Parliament and of the Council (41) and for authorisation under Directive (EU) 2019/944. |
| --- | --- |

(80)

High-efficiency cogeneration and efficient district heating and cooling have significant potential for saving primary energy in the Union. Member States should carry out a comprehensive assessment of the potential for high-efficiency cogeneration and efficient district heating and cooling. Those assessments should
  be based on a baseline scenario leading to a renewable energy-based national heating and cooling sector within a timeframe compatible with the achievement of the climate neutrality objective and
  be coherent with the integrated national energy and climate plans and long term renovation strategies. New electricity generation installations and existing installations which are substantially refurbished or whose permit or licence is updated should, subject to a cost-benefit analysis showing a cost-benefit surplus, be equipped with high-efficiency cogeneration units to recover waste heat stemming from the production of electricity. Similarly, other facilities with substantial annual average energy input should be equipped with technical solutions to deploy waste heat from the facility where the cost-benefit analysis shows a cost-benefit surplus. This waste heat could be transported where it is needed through district heating networks. The events that trigger a requirement for authorisation criteria to be applied will generally be events that also trigger requirements for permits under Directive 2010/75/EU of the European Parliament and of the Council (41) and for authorisation under Directive (EU) 2019/944.

| (80a) | When assessing the potential for efficient heating and cooling, Member States should take wider environmental, health and safety aspects into account. As heat pumps are an indispensable tool for realising energy efficiency in heating and cooling, any potential environmental impacts from refrigerants should be fully assessed and eliminated. |
| --- | --- |

(80a)

When assessing the potential for efficient heating and cooling, Member States should take wider environmental, health and safety aspects into account. As heat pumps are an indispensable tool for realising energy efficiency in heating and cooling, any potential environmental impacts from refrigerants should be fully assessed and eliminated.

| (81) | It may be appropriate for electricity generation installations that are intended to make use of geological storage permitted under Directive 2009/31/EC of the European Parliament and of the Council (42), to be located in places where the recovery of waste heat through high-efficiency cogeneration or by supplying a district heating or cooling network is not cost-effective. Member States should therefore be able to exempt those installations from the obligation to carry out a cost-benefit analysis for providing the installation with equipment allowing the recovery of waste heat by means of a high-efficiency cogeneration unit. It should also be possible to exempt peak-load and back-up electricity generation installations which are planned to operate under 1500 operating hours per year as a rolling average over a period of five years from the requirement to also provide heat. |
| --- | --- |

(81)

It may be appropriate for electricity generation installations that are intended to make use of geological storage permitted under Directive 2009/31/EC of the European Parliament and of the Council (42), to be located in places where the recovery of waste heat through high-efficiency cogeneration or by supplying a district heating or cooling network is not cost-effective. Member States should therefore be able to exempt those installations from the obligation to carry out a cost-benefit analysis for providing the installation with equipment allowing the recovery of waste heat by means of a high-efficiency cogeneration unit. It should also be possible to exempt peak-load and back-up electricity generation installations which are planned to operate under 1500 operating hours per year as a rolling average over a period of five years from the requirement to also provide heat.

| (82) | It is appropriate for Member States to encourage the introduction of measures and procedures to promote cogeneration installations with a total rated thermal input of less than 5 MW in order to encourage distributed energy generation. |
| --- | --- |

(82)

It is appropriate for Member States to encourage the introduction of measures and procedures to promote cogeneration installations with a total rated thermal input of less than 5 MW in order to encourage distributed energy generation.

| (83) | To implement national comprehensive assessments, Member States should encourage the assessments of the potential for high-efficiency cogeneration
  , electricity generation from waste heat for self-consumption
  and efficient district heating and cooling in regional and local level. Member States should take steps to promote and facilitate deployment of identified cost-efficient potential of the high-efficiency cogeneration and efficient district heating and cooling. |
| --- | --- |

(83)

To implement national comprehensive assessments, Member States should encourage the assessments of the potential for high-efficiency cogeneration
  , electricity generation from waste heat for self-consumption
  and efficient district heating and cooling in regional and local level. Member States should take steps to promote and facilitate deployment of identified cost-efficient potential of the high-efficiency cogeneration and efficient district heating and cooling.

| (84) | Requirements for efficient district heating and cooling should be consistent with long-term climate policy goals, the climate and environmental standards and priorities of the Union, and should comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85. All the district heating and cooling systems should aim for improved ability to interact with other parts of the energy system in order to optimise the use of energy and prevent energy waste by using the full potential of buildings to store heat or cold, including the excess heat from service facilities and nearby data centres. For that reason, efficient district heating and cooling system should ensure the increase of primary energy efficiency and a progressive integration of renewable energy and waste heat
  as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council
   (43) or cold. Therefore, this Directive introduces progressively stricter requirements for heating and cooling supply which should be applicable during specific established time periods and should be permanently applicable from 1 January 2050 onwards. |
| --- | --- |

(84)

Requirements for efficient district heating and cooling should be consistent with long-term climate policy goals, the climate and environmental standards and priorities of the Union, and should comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85. All the district heating and cooling systems should aim for improved ability to interact with other parts of the energy system in order to optimise the use of energy and prevent energy waste by using the full potential of buildings to store heat or cold, including the excess heat from service facilities and nearby data centres. For that reason, efficient district heating and cooling system should ensure the increase of primary energy efficiency and a progressive integration of renewable energy and waste heat
  as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council
   (43) or cold. Therefore, this Directive introduces progressively stricter requirements for heating and cooling supply which should be applicable during specific established time periods and should be permanently applicable from 1 January 2050 onwards.

| (85) | High-efficiency cogeneration has been defined by the energy savings obtained by combined production instead of separate production of heat and electricity. Requirements for high-efficiency cogeneration should be consistent with long-term climate policy goals. The definitions of cogeneration and high-efficiency cogeneration used in Union legislation should be without prejudice to the use of different definitions in national legislation for purposes other than those of the Union legislation in question. To maximise energy savings and avoid energy saving opportunities being missed, the greatest attention should be paid to the operating conditions of cogeneration units. |
| --- | --- |

(85)

High-efficiency cogeneration has been defined by the energy savings obtained by combined production instead of separate production of heat and electricity. Requirements for high-efficiency cogeneration should be consistent with long-term climate policy goals. The definitions of cogeneration and high-efficiency cogeneration used in Union legislation should be without prejudice to the use of different definitions in national legislation for purposes other than those of the Union legislation in question. To maximise energy savings and avoid energy saving opportunities being missed, the greatest attention should be paid to the operating conditions of cogeneration units.

| (86) | To ensure transparency and allow the final customer to choose between electricity from cogeneration and electricity produced by other techniques, the origin of high-efficiency cogeneration should be guaranteed on the basis of harmonised efficiency reference values. Guarantee of origin schemes do not by themselves imply a right to benefit from national support mechanisms. It is important that all forms of electricity produced from high-efficiency cogeneration can be covered by guarantees of origin. Guarantees of origin should be distinguished from exchangeable certificates. |
| --- | --- |

(86)

To ensure transparency and allow the final customer to choose between electricity from cogeneration and electricity produced by other techniques, the origin of high-efficiency cogeneration should be guaranteed on the basis of harmonised efficiency reference values. Guarantee of origin schemes do not by themselves imply a right to benefit from national support mechanisms. It is important that all forms of electricity produced from high-efficiency cogeneration can be covered by guarantees of origin. Guarantees of origin should be distinguished from exchangeable certificates.

| (87) | The specific structure of the cogeneration and district heating and cooling sectors, which include many small and medium-sized producers, should be taken into account, especially when reviewing the administrative procedures for obtaining permission to construct cogeneration capacity or associated networks, in application of the ‘Think Small First’ principle. |
| --- | --- |

(87)

The specific structure of the cogeneration and district heating and cooling sectors, which include many small and medium-sized producers, should be taken into account, especially when reviewing the administrative procedures for obtaining permission to construct cogeneration capacity or associated networks, in application of the ‘Think Small First’ principle.

| (88) | Most Union businesses are SMEs. They represent an enormous energy saving potential for the Union. To help them adopt energy efficiency measures, Member States should establish a favourable framework aimed at providing SMEs with technical assistance and targeted information. |
| --- | --- |

(88)

Most Union businesses are SMEs. They represent an enormous energy saving potential for the Union. To help them adopt energy efficiency measures, Member States should establish a favourable framework aimed at providing SMEs with technical assistance and targeted information.

| (89) | Member States should establish, on the basis of objective, transparent and non-discriminatory criteria, rules governing the bearing and sharing of costs of grid connections and grid reinforcements and for technical adaptations needed to integrate new producers of electricity produced from high-efficiency cogeneration, taking into account guidelines and codes developed in accordance with Regulation (EU) 2019/943 of the European Parliament and of the Council (44) and Regulation (EC) No 715/2009 of the European Parliament and of the Council (45). Producers of electricity generated from high-efficiency cogeneration should be allowed to issue a call for tender for the connection work. Access to the grid system for electricity produced from high-efficiency cogeneration, especially for small scale and micro-cogeneration units, should be facilitated. In accordance with Article 99(2) of Directive (EU) 2019/944 and Article 3(2) of Directive 2009/73/EC, Member States may impose public service obligations, including in relation to energy efficiency, on undertakings operating in the electricity and gas sectors. |
| --- | --- |

(89)

Member States should establish, on the basis of objective, transparent and non-discriminatory criteria, rules governing the bearing and sharing of costs of grid connections and grid reinforcements and for technical adaptations needed to integrate new producers of electricity produced from high-efficiency cogeneration, taking into account guidelines and codes developed in accordance with Regulation (EU) 2019/943 of the European Parliament and of the Council (44) and Regulation (EC) No 715/2009 of the European Parliament and of the Council (45). Producers of electricity generated from high-efficiency cogeneration should be allowed to issue a call for tender for the connection work. Access to the grid system for electricity produced from high-efficiency cogeneration, especially for small scale and micro-cogeneration units, should be facilitated. In accordance with Article 99(2) of Directive (EU) 2019/944 and Article 3(2) of Directive 2009/73/EC, Member States may impose public service obligations, including in relation to energy efficiency, on undertakings operating in the electricity and gas sectors.

| (90) | It is necessary to set out provisions related to billing, single point of contact, out-of-court dispute settlement, energy poverty and basic contractual rights, with the aim of aligning them, where appropriate, with the relevant provisions regarding electricity pursuant to Directive (EU) 2019/944, in order to strengthen consumer protection and enable final customers to
  have direct access to detailed
  , clear and up-to-date information about their
  electricity,
  heating, cooling or domestic hot water consumption and to regulate their energy use
  making energy consumption fully transparent for consumers
  . |
| --- | --- |

(90)

It is necessary to set out provisions related to billing, single point of contact, out-of-court dispute settlement, energy poverty and basic contractual rights, with the aim of aligning them, where appropriate, with the relevant provisions regarding electricity pursuant to Directive (EU) 2019/944, in order to strengthen consumer protection and enable final customers to
  have direct access to detailed
  , clear and up-to-date information about their
  electricity,
  heating, cooling or domestic hot water consumption and to regulate their energy use
  making energy consumption fully transparent for consumers
  .

| (91) | Greater consumer protection should be guaranteed by the availability of effective, independent out-of-court dispute settlement mechanisms for all consumers, such as an energy ombudsperson, a consumer body or a regulatory authority. Member States should, therefore, introduce speedy and effective complaint-handling procedures. |
| --- | --- |

(91)

Greater consumer protection should be guaranteed by the availability of effective, independent out-of-court dispute settlement mechanisms for all consumers, such as an energy ombudsperson, a consumer body or a regulatory authority. Member States should, therefore, introduce speedy and effective complaint-handling procedures.

| (92) | The contribution of renewable energy communities, pursuant to Directive (EU) 2018/2001 ▌, and citizen energy communities, according to Directive (EU) 2019/944 towards the objectives of the European Green Deal and the 2030 Climate Target Plan, should be recognised
  and actively supported
  . Member States should, therefore, consider and promote the role of renewable energy communities and citizen energy communities. Those communities can help Member States to
  implement the energy efficiency first principle at local level
  by advancing energy efficiency at local or household level
  , as well as in public buildings in cooperation with local authorities
  . They can empower and engage consumers and enable certain groups of household customers, including in rural, remote areas
  and outermost regions,
  to participate in energy efficiency projects and interventions
  , often combining such actions with investment in renewable energy
  .
  Energy communities also have a strong role to play in educating and increasing citizens' awareness of the measures that can undertake to achieve energy savings. If properly supported by Member States, energy
  communities can help fighting energy poverty through facilitation of energy efficiency projects, reduced energy consumption and lower supply tariffs.
  Member States should remove unnecessary hurdles to ensure it is attractive to build energy communities. Public administrations at all levels should be duly trained in this area. |
| --- | --- |

(92)

The contribution of renewable energy communities, pursuant to Directive (EU) 2018/2001 ▌, and citizen energy communities, according to Directive (EU) 2019/944 towards the objectives of the European Green Deal and the 2030 Climate Target Plan, should be recognised
  and actively supported
  . Member States should, therefore, consider and promote the role of renewable energy communities and citizen energy communities. Those communities can help Member States to
  implement the energy efficiency first principle at local level
  by advancing energy efficiency at local or household level
  , as well as in public buildings in cooperation with local authorities
  . They can empower and engage consumers and enable certain groups of household customers, including in rural, remote areas
  and outermost regions,
  to participate in energy efficiency projects and interventions
  , often combining such actions with investment in renewable energy
  .
  Energy communities also have a strong role to play in educating and increasing citizens' awareness of the measures that can undertake to achieve energy savings. If properly supported by Member States, energy
  communities can help fighting energy poverty through facilitation of energy efficiency projects, reduced energy consumption and lower supply tariffs.
  Member States should remove unnecessary hurdles to ensure it is attractive to build energy communities. Public administrations at all levels should be duly trained in this area.

| (92a) | Long-term behavioural changes in energy consumption can be achieved through the empowerment of citizens. Energy communities can help deliver long-term energy savings, particularly among households, and an increase in sustainable investments from citizens and small businesses. Member States should empower such actions by citizens through support for community energy projects and organisations. |
| --- | --- |

(92a)

Long-term behavioural changes in energy consumption can be achieved through the empowerment of citizens. Energy communities can help deliver long-term energy savings, particularly among households, and an increase in sustainable investments from citizens and small businesses. Member States should empower such actions by citizens through support for community energy projects and organisations.

| (93) | The contribution of one-stop shops or similar structures as mechanisms that can enable multiple target groups, including citizens, SMEs and public authorities, to design and implement projects and measures related to the clean energy transition, should be recognised.
  The contribution of one-stop-shops can be very important for the most vulnerable customers, including women in all their diversity and single parents, as they could provide an easier, reliable and accessible source of information about energy efficiency improvements
  . That contribution can include the provision of technical, administrative and financial advice and assistance, facilitation of the necessary administrative procedures or of access to financial markets, or guidance with the national and European legal framework, including public procurement rules and criteria, and the EU Taxonomy. |
| --- | --- |

(93)

The contribution of one-stop shops or similar structures as mechanisms that can enable multiple target groups, including citizens, SMEs and public authorities, to design and implement projects and measures related to the clean energy transition, should be recognised.
  The contribution of one-stop-shops can be very important for the most vulnerable customers, including women in all their diversity and single parents, as they could provide an easier, reliable and accessible source of information about energy efficiency improvements
  . That contribution can include the provision of technical, administrative and financial advice and assistance, facilitation of the necessary administrative procedures or of access to financial markets, or guidance with the national and European legal framework, including public procurement rules and criteria, and the EU Taxonomy.

| (94) | The Commission should review the impact of its measures to support the development of platforms or fora, involving, inter alia, the European social dialogue bodies in fostering training programmes for energy efficiency, and shall bring forward further measures where appropriate. The Commission should also encourage European social partners in their discussions on energy efficiency, especially for vulnerable customers and final users, including those in energy poverty. |
| --- | --- |

(94)

The Commission should review the impact of its measures to support the development of platforms or fora, involving, inter alia, the European social dialogue bodies in fostering training programmes for energy efficiency, and shall bring forward further measures where appropriate. The Commission should also encourage European social partners in their discussions on energy efficiency, especially for vulnerable customers and final users, including those in energy poverty.

| (95) | A fair transition towards a climate-neutral Union by 2050 is central to the European Green Deal. The European Pillar of Social Rights, jointly proclaimed by the European Parliament, the Council and the Commission on 17 November 2017, includes energy among the essential services which everyone is entitled to access. Support for access to such services must be available for those in need (46)

  , particularly in a context of inflationary pressure and significant increases in energy prices
  . |
| --- | --- |

(95)

A fair transition towards a climate-neutral Union by 2050 is central to the European Green Deal. The European Pillar of Social Rights, jointly proclaimed by the European Parliament, the Council and the Commission on 17 November 2017, includes energy among the essential services which everyone is entitled to access. Support for access to such services must be available for those in need (46)

  , particularly in a context of inflationary pressure and significant increases in energy prices
  .

| (96) | It is necessary to ensure that people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing are protected and, to this end, empowered to actively participate in the energy efficiency improvement interventions, measures and related consumer protection or information measures that Member States implement.
  Targeted awareness raising campaigns should be developed to illustrate the benefits of energy efficiency as well to provide information on the financial support available. |
| --- | --- |

(96)

It is necessary to ensure that people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing are protected and, to this end, empowered to actively participate in the energy efficiency improvement interventions, measures and related consumer protection or information measures that Member States implement.
  Targeted awareness raising campaigns should be developed to illustrate the benefits of energy efficiency as well to provide information on the financial support available.

| (97) | Public funding available at national and Union level should be strategically invested into energy efficiency improvement measures, in particular for the benefit of vulnerable customers, people affected by energy poverty and those living in social housing. Member States should take advantage of any financial contribution they might receive from the Social Climate Fund (47), and of revenues from allowances from the EU Emissions Trading System. These revenues will support Member States in fulfilling their obligation to implement energy efficiency measures and policy measures under the energy savings obligation as a priority among vulnerable customers and people affected by energy poverty, which may include those living in rural and remote regions. |
| --- | --- |

(97)

Public funding available at national and Union level should be strategically invested into energy efficiency improvement measures, in particular for the benefit of vulnerable customers, people affected by energy poverty and those living in social housing. Member States should take advantage of any financial contribution they might receive from the Social Climate Fund (47), and of revenues from allowances from the EU Emissions Trading System. These revenues will support Member States in fulfilling their obligation to implement energy efficiency measures and policy measures under the energy savings obligation as a priority among vulnerable customers and people affected by energy poverty, which may include those living in rural and remote regions.

| (98) | National funding schemes should be complemented by suitable schemes of better information, technical and administrative assistance, easier access to finance that will enable the best use of the available funds especially by people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. |
| --- | --- |

(98)

National funding schemes should be complemented by suitable schemes of better information, technical and administrative assistance, easier access to finance that will enable the best use of the available funds especially by people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing.

| (99) | Member States should empower and protect all people equally, irrespective of their sex, gender, age, disability, race or ethnic origin, sexual orientation, religion or belief, and ensure that those most affected or put at greater risk of being affected by energy poverty, or most exposed to the adverse impacts of energy poverty, are adequately protected. In addition, Member States should ensure that energy efficiency measures do not exacerbate any existing inequalities, notably with respect to energy poverty. |
| --- | --- |

(99)

Member States should empower and protect all people equally, irrespective of their sex, gender, age, disability, race or ethnic origin, sexual orientation, religion or belief, and ensure that those most affected or put at greater risk of being affected by energy poverty, or most exposed to the adverse impacts of energy poverty, are adequately protected. In addition, Member States should ensure that energy efficiency measures do not exacerbate any existing inequalities, notably with respect to energy poverty.

| (100) | Member States should ensure that national energy regulatory authorities take an integrated approach encompassing potential savings in the energy supply and the end-use sectors. Without prejudice to security of supply, market integration and anticipatory investments in offshore grids necessary for the deployment of offshore renewable energy, national energy regulatory authorities should ensure that the energy efficiency first principle is applied in the planning and decision making processes and that network tariffs and regulations incentivise improvements in energy efficiency. Member States should also ensure that transmission and distribution system operators consider the energy efficiency first principle. That would help transmission and distribution system operators to consider better energy efficiency solutions and incremental costs incurred for the procurement of demand side resources, as well as the environmental and socio-economic impacts of different network investments and operation plans. Such an approach requires a shift from the narrow economic efficiency perspective to maximised social welfare. The energy efficiency first principle should in particular be applied in the context of scenario building for energy infrastructure expansion where demand side solutions could be considered as viable alternatives and need to be properly assessed, and it should become an intrinsic part of the assessment of network planning projects. Its application should be scrutinised by national regulatory authorities. |
| --- | --- |

(100)

Member States should ensure that national energy regulatory authorities take an integrated approach encompassing potential savings in the energy supply and the end-use sectors. Without prejudice to security of supply, market integration and anticipatory investments in offshore grids necessary for the deployment of offshore renewable energy, national energy regulatory authorities should ensure that the energy efficiency first principle is applied in the planning and decision making processes and that network tariffs and regulations incentivise improvements in energy efficiency. Member States should also ensure that transmission and distribution system operators consider the energy efficiency first principle. That would help transmission and distribution system operators to consider better energy efficiency solutions and incremental costs incurred for the procurement of demand side resources, as well as the environmental and socio-economic impacts of different network investments and operation plans. Such an approach requires a shift from the narrow economic efficiency perspective to maximised social welfare. The energy efficiency first principle should in particular be applied in the context of scenario building for energy infrastructure expansion where demand side solutions could be considered as viable alternatives and need to be properly assessed, and it should become an intrinsic part of the assessment of network planning projects. Its application should be scrutinised by national regulatory authorities.

| (101) | A sufficient number of reliable professionals competent in the field of energy efficiency should be available to ensure the effective and timely implementation of this Directive, for instance as regards compliance with the requirements on energy audits and implementation of energy efficiency obligation schemes. Member States should therefore put in place certification and /or equivalent qualification and suitable training schemes for the providers of energy services, energy audits and other energy efficiency improvement measures in close cooperation with social partners, training providers and other relevant stakeholders. The schemes should be assessed every four years starting as of December 2024 and if needed be updated to ensure the necessary level of competences for energy services providers, energy auditors, energy managers and installers of building elements . |
| --- | --- |

(101)

A sufficient number of reliable professionals competent in the field of energy efficiency should be available to ensure the effective and timely implementation of this Directive, for instance as regards compliance with the requirements on energy audits and implementation of energy efficiency obligation schemes. Member States should therefore put in place certification and /or equivalent qualification and suitable training schemes for the providers of energy services, energy audits and other energy efficiency improvement measures in close cooperation with social partners, training providers and other relevant stakeholders. The schemes should be assessed every four years starting as of December 2024 and if needed be updated to ensure the necessary level of competences for energy services providers, energy auditors, energy managers and installers of building elements .

| (102) | It is necessary to continue developing the market for energy services to ensure the availability of both the demand for and the supply of energy services. Transparency, for example by means of lists of certified energy services providers and available model contracts, exchange of best practice and guidelines greatly contribute to the uptake of energy services and energy performance contracting and can also help stimulate demand and increase the trust in energy services providers . In an energy performance contract the beneficiary of the energy service avoids investment costs by using part of the financial value of energy savings to repay the investment fully or partially carried out by a third party. That can help attracting private capital which is key for increasing building renovation rates in the Union, bring expertise into the market and create innovative business models. Therefore, non-residential buildings
  and public residential buildings
  with the useful floor area above
  500
   m2
  and buildings for social purposes
  should be required to assess the feasibility of using energy performance contracting for renovation. That is a step ahead to increase the trust in energy services companies and pave the way for increasing such projects in the future. |
| --- | --- |

(102)

It is necessary to continue developing the market for energy services to ensure the availability of both the demand for and the supply of energy services. Transparency, for example by means of lists of certified energy services providers and available model contracts, exchange of best practice and guidelines greatly contribute to the uptake of energy services and energy performance contracting and can also help stimulate demand and increase the trust in energy services providers . In an energy performance contract the beneficiary of the energy service avoids investment costs by using part of the financial value of energy savings to repay the investment fully or partially carried out by a third party. That can help attracting private capital which is key for increasing building renovation rates in the Union, bring expertise into the market and create innovative business models. Therefore, non-residential buildings
  and public residential buildings
  with the useful floor area above
  500
   m2
  and buildings for social purposes
  should be required to assess the feasibility of using energy performance contracting for renovation. That is a step ahead to increase the trust in energy services companies and pave the way for increasing such projects in the future.

| (103) | Given the ambitious renovation objectives over the next decade in the context of the Commission’s Communication entitled Renovation Wave it is necessary to increase the role of independent market intermediaries including one stop shops or similar support mechanisms in order to stimulate market development on the demand and supply sides and to promote energy performance contracting for renovation of both private and public buildings. Local energy agencies could play a key role in this regard, and identify and support setting up potential facilitators or one-stop-shops.
  This Directive should help improve the availability of products, services and advice available on the Union and local markets, including by promoting the potential for women entrepreneurs to fill the gaps in the market and to provide for innovative ways to enhance energy efficiency. |
| --- | --- |

(103)

Given the ambitious renovation objectives over the next decade in the context of the Commission’s Communication entitled Renovation Wave it is necessary to increase the role of independent market intermediaries including one stop shops or similar support mechanisms in order to stimulate market development on the demand and supply sides and to promote energy performance contracting for renovation of both private and public buildings. Local energy agencies could play a key role in this regard, and identify and support setting up potential facilitators or one-stop-shops.
  This Directive should help improve the availability of products, services and advice available on the Union and local markets, including by promoting the potential for women entrepreneurs to fill the gaps in the market and to provide for innovative ways to enhance energy efficiency.

| (104) | Energy performance contracting still faces important barriers in several Member States due to remaining regulatory and non-regulatory barriers. It is therefore necessary to address the ambiguities of the national legislative frameworks, lack of expertise, especially as regards to tendering procedures, and competing loans and grants. |
| --- | --- |

(104)

Energy performance contracting still faces important barriers in several Member States due to remaining regulatory and non-regulatory barriers. It is therefore necessary to address the ambiguities of the national legislative frameworks, lack of expertise, especially as regards to tendering procedures, and competing loans and grants.

| (105) | Member States should continue supporting the public sector in the uptake of energy performance contracting by providing model contracts that take into account the available European or international standards, tendering guidelines and the Guide to the Statistical Treatment of Energy Performance Contracts (48) published in May 2018 by Eurostat and the European Investment Bank on the treatment of energy performance contracting in government accounts, which have provided opportunities for addressing remaining regulatory barriers to these contracts in Member States. |
| --- | --- |

(105)

Member States should continue supporting the public sector in the uptake of energy performance contracting by providing model contracts that take into account the available European or international standards, tendering guidelines and the Guide to the Statistical Treatment of Energy Performance Contracts (48) published in May 2018 by Eurostat and the European Investment Bank on the treatment of energy performance contracting in government accounts, which have provided opportunities for addressing remaining regulatory barriers to these contracts in Member States.

| (106) | Member States have taken measures to identify and address the regulatory and non-regulatory barriers. However, there is a need to increase the effort to remove regulatory and non-regulatory barriers to the use of energy performance contracting and third-party financing arrangements which help achieving energy savings. These barriers include accounting rules and practices that prevent capital investments and annual financial savings resulting from energy efficiency improvement measures from being adequately reflected in the accounts for the whole life of the investment. |
| --- | --- |

(106)

Member States have taken measures to identify and address the regulatory and non-regulatory barriers. However, there is a need to increase the effort to remove regulatory and non-regulatory barriers to the use of energy performance contracting and third-party financing arrangements which help achieving energy savings. These barriers include accounting rules and practices that prevent capital investments and annual financial savings resulting from energy efficiency improvement measures from being adequately reflected in the accounts for the whole life of the investment.

| (107) | Member States used the 2014 and 2017 National Energy Efficiency Action Plans (NEEAPs) to report progress in removing regulatory and non-regulatory barriers to energy efficiency, as regards the split of incentives between the owners and tenants or among owners of a building or building units. However, Member States should continue working in that direction and tap the potential for energy efficiency in the context of the 2016 Eurostat statistics, represented by the fact that more than four out of ten Europeans live in flats and more than three out of ten Europeans are tenants. |
| --- | --- |

(107)

Member States used the 2014 and 2017 National Energy Efficiency Action Plans (NEEAPs) to report progress in removing regulatory and non-regulatory barriers to energy efficiency, as regards the split of incentives between the owners and tenants or among owners of a building or building units. However, Member States should continue working in that direction and tap the potential for energy efficiency in the context of the 2016 Eurostat statistics, represented by the fact that more than four out of ten Europeans live in flats and more than three out of ten Europeans are tenants.

| (108) | Member States
  , regional and local authorities
  should be encouraged to make full use of the European funds available in the MFF and Next Generation EU including the Recovery and Resilience Facility, the Cohesion Policy Funds, the Rural Development Fund and the Just Transition Fund, as well as the financial instruments and technical assistance available under InvestEU, to trigger private and public investments in energy efficiency improvement measures. Investment in energy efficiency has the potential to contribute to economic growth, employment, innovation and a reduction in energy poverty in households, and therefore makes a positive contribution to economic, social and territorial cohesion and green recovery. Potential areas for funding include energy efficiency measures in public buildings and housing, and
  the training, reskilling and upskilling of professionals, in particular in jobs related to building renovation,
  to promote employment in the energy efficiency sector. The Commission will ensure synergies between the different funding instruments, in particular the funds in the shared management and in the direct management (like the centrally-managed programmes: Horizon Europe or LIFE), as well as between grants, loans and technical assistance to maximise their leverage effect on private financing and their impact on the achievement of energy efficiency policy objectives. |
| --- | --- |

(108)

Member States
  , regional and local authorities
  should be encouraged to make full use of the European funds available in the MFF and Next Generation EU including the Recovery and Resilience Facility, the Cohesion Policy Funds, the Rural Development Fund and the Just Transition Fund, as well as the financial instruments and technical assistance available under InvestEU, to trigger private and public investments in energy efficiency improvement measures. Investment in energy efficiency has the potential to contribute to economic growth, employment, innovation and a reduction in energy poverty in households, and therefore makes a positive contribution to economic, social and territorial cohesion and green recovery. Potential areas for funding include energy efficiency measures in public buildings and housing, and
  the training, reskilling and upskilling of professionals, in particular in jobs related to building renovation,
  to promote employment in the energy efficiency sector. The Commission will ensure synergies between the different funding instruments, in particular the funds in the shared management and in the direct management (like the centrally-managed programmes: Horizon Europe or LIFE), as well as between grants, loans and technical assistance to maximise their leverage effect on private financing and their impact on the achievement of energy efficiency policy objectives.

| (109) | Member States should encourage the use of financing facilities to further the objectives of this Directive. Such financing facilities could include financial contributions and fines from non-fulfilment of certain provisions of this Directive; resources allocated to energy efficiency under Article 10(3) of Directive 2003/87/EC of the European Parliament and of the Council (49); resources allocated to energy efficiency in the European funds and programmes, and dedicated European financial instruments, such as the European Energy Efficiency Fund.
  Member States should work on building platforms that aim to aggregate small and medium-sized projects with a view to creating pools of projects suitable for financing purposes. |
| --- | --- |

(109)

Member States should encourage the use of financing facilities to further the objectives of this Directive. Such financing facilities could include financial contributions and fines from non-fulfilment of certain provisions of this Directive; resources allocated to energy efficiency under Article 10(3) of Directive 2003/87/EC of the European Parliament and of the Council (49); resources allocated to energy efficiency in the European funds and programmes, and dedicated European financial instruments, such as the European Energy Efficiency Fund.
  Member States should work on building platforms that aim to aggregate small and medium-sized projects with a view to creating pools of projects suitable for financing purposes.

| (110) | Financing facilities could be based, where applicable, on resources allocated to energy efficiency from Union project bonds; resources allocated to energy efficiency from the European Investment Bank and other European financial institutions, in particular the European Bank for Reconstruction and Development and the Council of Europe Development Bank; resources leveraged in financial institutions; national resources, including through the creation of regulatory and fiscal frameworks encouraging the implementation of energy efficiency initiatives and programmes; revenues from annual emission allocations under Decision No 406/2009/EC of the European Parliament and of the Council (50). |
| --- | --- |

(110)

Financing facilities could be based, where applicable, on resources allocated to energy efficiency from Union project bonds; resources allocated to energy efficiency from the European Investment Bank and other European financial institutions, in particular the European Bank for Reconstruction and Development and the Council of Europe Development Bank; resources leveraged in financial institutions; national resources, including through the creation of regulatory and fiscal frameworks encouraging the implementation of energy efficiency initiatives and programmes; revenues from annual emission allocations under Decision No 406/2009/EC of the European Parliament and of the Council (50).

| (111) | The financing facilities could in particular use those contributions, resources and revenues to enable and encourage private capital investment, in particular drawing on institutional investors, while using criteria ensuring the achievement of both environmental and social objectives for the granting of funds; make use of innovative financing mechanisms (e.g. loan guarantees for private capital, loan guarantees to foster energy performance contracting, grants, subsidised loans and dedicated credit lines, third party financing systems) that reduce the risks of energy efficiency projects and allow for cost-effective renovations even among low and medium revenue households; be linked to programmes or agencies which will aggregate and assess the quality of energy saving projects, provide technical assistance, promote the energy services market and help to generate consumer demand for energy services. |
| --- | --- |

(111)

The financing facilities could in particular use those contributions, resources and revenues to enable and encourage private capital investment, in particular drawing on institutional investors, while using criteria ensuring the achievement of both environmental and social objectives for the granting of funds; make use of innovative financing mechanisms (e.g. loan guarantees for private capital, loan guarantees to foster energy performance contracting, grants, subsidised loans and dedicated credit lines, third party financing systems) that reduce the risks of energy efficiency projects and allow for cost-effective renovations even among low and medium revenue households; be linked to programmes or agencies which will aggregate and assess the quality of energy saving projects, provide technical assistance, promote the energy services market and help to generate consumer demand for energy services.

| (112) | The financing facilities could also provide appropriate resources to support training and certification programmes which improve and accredit skills for energy efficiency; provide resources for research on and demonstration and acceleration of uptake of small-scale and micro- technologies to generate energy and the optimisation of the connections of those generators to the grid; be linked to programmes undertaking action to promote energy efficiency in all dwellings to prevent energy poverty and stimulate landlords letting dwellings to render their property as energy-efficient as possible; provide appropriate resources to support social dialogue and standard-setting aiming at improving energy efficiency and ensuring good working conditions and health and safety at work. |
| --- | --- |

(112)

The financing facilities could also provide appropriate resources to support training and certification programmes which improve and accredit skills for energy efficiency; provide resources for research on and demonstration and acceleration of uptake of small-scale and micro- technologies to generate energy and the optimisation of the connections of those generators to the grid; be linked to programmes undertaking action to promote energy efficiency in all dwellings to prevent energy poverty and stimulate landlords letting dwellings to render their property as energy-efficient as possible; provide appropriate resources to support social dialogue and standard-setting aiming at improving energy efficiency and ensuring good working conditions and health and safety at work.

| (113) | Available Union funding programmes, financial instruments and innovative financing mechanisms should be used to give practical effect to the objective of improving the energy performance of public bodies’ buildings. In that respect, Member States may use their revenues from annual emission allocations under Decision No 406/2009/EC in the development of such mechanisms on a voluntary basis and taking into account national budgetary rules.
  The Commission and Member States should provide regional and local administrations with adequate information on such programmes. For example, the Covenant of Mayors initiative could be one of the tools for providing adequate information. |
| --- | --- |

(113)

Available Union funding programmes, financial instruments and innovative financing mechanisms should be used to give practical effect to the objective of improving the energy performance of public bodies’ buildings. In that respect, Member States may use their revenues from annual emission allocations under Decision No 406/2009/EC in the development of such mechanisms on a voluntary basis and taking into account national budgetary rules.
  The Commission and Member States should provide regional and local administrations with adequate information on such programmes. For example, the Covenant of Mayors initiative could be one of the tools for providing adequate information.

| (114) | In the implementation of the energy efficiency target, the Commission should monitor the impact of the relevant measures on Directive 2003/87/EC establishing the Union’s emissions trading scheme (ETS) in order to maintain the incentives in the emissions trading system rewarding low carbon investments and preparing the ETS sectors for the innovations needed in the future. It will need to monitor the impact on those industry sectors which are exposed to a significant risk of carbon leakage as determined in Commission Decision 2014/746/EU (51), in order to ensure that this Directive promotes and does not impede the development of these sectors. |
| --- | --- |

(114)

In the implementation of the energy efficiency target, the Commission should monitor the impact of the relevant measures on Directive 2003/87/EC establishing the Union’s emissions trading scheme (ETS) in order to maintain the incentives in the emissions trading system rewarding low carbon investments and preparing the ETS sectors for the innovations needed in the future. It will need to monitor the impact on those industry sectors which are exposed to a significant risk of carbon leakage as determined in Commission Decision 2014/746/EU (51), in order to ensure that this Directive promotes and does not impede the development of these sectors.

| (115) | Member State measures should be supported by well-designed and effective Union financial instruments under the InvestEU programme, and by financing from the European Investment Bank (EIB) and the European Bank for Reconstruction and Development (EBRD), which should support investments in energy efficiency at all stages of the energy chain and use a comprehensive cost-benefit analysis with a model of differentiated discount rates. Financial support should focus on cost-effective methods for increasing energy efficiency, which would lead to a reduction in energy consumption. The EIB and the EBRD should, together with national promotional banks, design, generate and finance programmes and projects tailored for the efficiency sector, including for energy-poor households. |
| --- | --- |

(115)

Member State measures should be supported by well-designed and effective Union financial instruments under the InvestEU programme, and by financing from the European Investment Bank (EIB) and the European Bank for Reconstruction and Development (EBRD), which should support investments in energy efficiency at all stages of the energy chain and use a comprehensive cost-benefit analysis with a model of differentiated discount rates. Financial support should focus on cost-effective methods for increasing energy efficiency, which would lead to a reduction in energy consumption. The EIB and the EBRD should, together with national promotional banks, design, generate and finance programmes and projects tailored for the efficiency sector, including for energy-poor households.

| (116) | Cross–sectorial law provides a strong basis for consumer protection for a wide range of current energy services, and is likely to evolve. Nevertheless, certain basic contractual rights of customers should be clearly established. Plain and unambiguous information should be made available to consumers concerning their rights in relation to the energy sector. |
| --- | --- |

(116)

Cross–sectorial law provides a strong basis for consumer protection for a wide range of current energy services, and is likely to evolve. Nevertheless, certain basic contractual rights of customers should be clearly established. Plain and unambiguous information should be made available to consumers concerning their rights in relation to the energy sector.

| (117) | Greater consumer protection is guaranteed by the availability of effective, independent out-of-court dispute settlement mechanisms for all consumers, such as an energy ombudsman, a consumer body or a regulatory authority. Member States should therefore introduce speedy and effective complaint-handling procedures. |
| --- | --- |

(117)

Greater consumer protection is guaranteed by the availability of effective, independent out-of-court dispute settlement mechanisms for all consumers, such as an energy ombudsman, a consumer body or a regulatory authority. Member States should therefore introduce speedy and effective complaint-handling procedures.

| (118) | In order to be able to evaluate the effectiveness of this Directive, a requirement to conduct a general review of this Directive and to submit a report to the European Parliament and to the Council by 28 February 2027 should be laid down. That review should allow necessary alignments, also taking into account economic and innovation developments. |
| --- | --- |

(118)

In order to be able to evaluate the effectiveness of this Directive, a requirement to conduct a general review of this Directive and to submit a report to the European Parliament and to the Council by 28 February 2027 should be laid down. That review should allow necessary alignments, also taking into account economic and innovation developments.

| (119) | Local and regional authorities should be given a leading role in the development and design, execution and assessment of the measures laid down in this Directive, so that they are able properly to address the specific features of their own climate, culture and society. |
| --- | --- |

(119)

Local and regional authorities should be given a leading role in the development and design, execution and assessment of the measures laid down in this Directive, so that they are able properly to address the specific features of their own climate, culture and society.

| (119a) | In view of the specific characteristics of outermost regions, as recognised in Article 349 TFEU, in particular as regards energy connection, production, supply and consumption, and the increased risk of energy poverty, particular attention should be paid to the outermost regions and their inhabitants when drawing up, implementing and evaluating the measures provided for in this Directive. |
| --- | --- |

(119a)

In view of the specific characteristics of outermost regions, as recognised in Article 349 TFEU, in particular as regards energy connection, production, supply and consumption, and the increased risk of energy poverty, particular attention should be paid to the outermost regions and their inhabitants when drawing up, implementing and evaluating the measures provided for in this Directive.

| (120) | Reflecting technological progress and the growing share of renewable energy sources in the electricity generation sector, the default coefficient for savings in kWh electricity should be reviewed in order to reflect changes in the primary energy factor (PEF) for electricity and other energy carriers . Calculations reflecting the energy mix of the PEF for electricity are based on annual average values. The ‘physical energy content’ accounting method is used for nuclear electricity and heat generation and the ‘technical conversion efficiency’ method is used for electricity and heat generation from fossil fuels and biomass. For non-combustible renewable energy, the method is the direct equivalent based on the ‘total primary energy’ approach. To calculate the primary energy share for electricity in cogeneration, the method set out in Annex II to this Directive is applied. An average rather than a marginal market position is used. Conversion efficiencies are assumed to be 100 % for non-combustible renewables, 10 % for geothermal power stations and 33 % for nuclear power stations. The calculation of total efficiency for cogeneration is based on the most recent data from Eurostat. As for system boundaries, the PEF is 1 for all energy sources. The PEF value refers to 2018 and is based on data interpolated from the most recent version of the PRIMES Reference Scenario for 2015 and 2020 and adjusted with Eurostat data until 2016. The analysis covers the Member States and Norway. The dataset for Norway is based on the ENTSO-E data. |
| --- | --- |

(120)

Reflecting technological progress and the growing share of renewable energy sources in the electricity generation sector, the default coefficient for savings in kWh electricity should be reviewed in order to reflect changes in the primary energy factor (PEF) for electricity and other energy carriers . Calculations reflecting the energy mix of the PEF for electricity are based on annual average values. The ‘physical energy content’ accounting method is used for nuclear electricity and heat generation and the ‘technical conversion efficiency’ method is used for electricity and heat generation from fossil fuels and biomass. For non-combustible renewable energy, the method is the direct equivalent based on the ‘total primary energy’ approach. To calculate the primary energy share for electricity in cogeneration, the method set out in Annex II to this Directive is applied. An average rather than a marginal market position is used. Conversion efficiencies are assumed to be 100 % for non-combustible renewables, 10 % for geothermal power stations and 33 % for nuclear power stations. The calculation of total efficiency for cogeneration is based on the most recent data from Eurostat. As for system boundaries, the PEF is 1 for all energy sources. The PEF value refers to 2018 and is based on data interpolated from the most recent version of the PRIMES Reference Scenario for 2015 and 2020 and adjusted with Eurostat data until 2016. The analysis covers the Member States and Norway. The dataset for Norway is based on the ENTSO-E data.

| (121) | Energy savings which result from the implementation of Union law should not be claimed unless they result from a measure that goes beyond the minimum required by the Union legal act in question, whether by setting more ambitious energy efficiency requirements at Member State level or by increasing the take-up of the measure. Buildings present a substantial potential for further increasing energy efficiency, and the renovation of buildings is an essential and long-term element with economies of scale in increasing energy savings. It is therefore necessary to clarify that it is possible to claim all energy savings stemming from measures promoting the renovation of existing buildings, provided that they exceed the savings that would have occurred in the absence of the policy measure and provided that the Member State demonstrates that the obligated, participating or entrusted party has in fact contributed to the achievement of the energy savings claimed. |
| --- | --- |

(121)

Energy savings which result from the implementation of Union law should not be claimed unless they result from a measure that goes beyond the minimum required by the Union legal act in question, whether by setting more ambitious energy efficiency requirements at Member State level or by increasing the take-up of the measure. Buildings present a substantial potential for further increasing energy efficiency, and the renovation of buildings is an essential and long-term element with economies of scale in increasing energy savings. It is therefore necessary to clarify that it is possible to claim all energy savings stemming from measures promoting the renovation of existing buildings, provided that they exceed the savings that would have occurred in the absence of the policy measure and provided that the Member State demonstrates that the obligated, participating or entrusted party has in fact contributed to the achievement of the energy savings claimed.

| (122) | In accordance with the Energy Union Strategy and the principles of better regulation, monitoring and verification rules for the implementation of energy efficiency obligation schemes and alternative policy measures, including the requirement to check a statistically representative sample of measures, should be given greater prominence. In this Directive, a statistically significant proportion and representative sample of the energy efficiency improvement measures should be understood to require the establishment of a subset of a statistical population of the energy-saving measures in question in such a way that it accurately reflects the entire population of all energy-saving measures, and thus allows for reasonably reliable conclusions regarding confidence in the totality of the measures. |
| --- | --- |

(122)

In accordance with the Energy Union Strategy and the principles of better regulation, monitoring and verification rules for the implementation of energy efficiency obligation schemes and alternative policy measures, including the requirement to check a statistically representative sample of measures, should be given greater prominence. In this Directive, a statistically significant proportion and representative sample of the energy efficiency improvement measures should be understood to require the establishment of a subset of a statistical population of the energy-saving measures in question in such a way that it accurately reflects the entire population of all energy-saving measures, and thus allows for reasonably reliable conclusions regarding confidence in the totality of the measures.

| (123) | Energy generated on or in buildings from renewable energy technologies reduces the amount of energy supplied from fossil fuels. The reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union's energy dependence and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the context of the Paris Agreement. For the purposes of their cumulative energy savings obligation Member States may take into account energy savings from policy measures promoting renewable technologies to meet their energy savings requirements in accordance with the calculation methodology provided in this Directive. Energy savings from policy measures regarding the use of direct fossil fuel combustion should not be counted. |
| --- | --- |

(123)

Energy generated on or in buildings from renewable energy technologies reduces the amount of energy supplied from fossil fuels. The reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union's energy dependence and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the context of the Paris Agreement. For the purposes of their cumulative energy savings obligation Member States may take into account energy savings from policy measures promoting renewable technologies to meet their energy savings requirements in accordance with the calculation methodology provided in this Directive. Energy savings from policy measures regarding the use of direct fossil fuel combustion should not be counted.

| (124) | Some of the changes introduced by this Directive might require a subsequent amendment to Regulation (EU) 2018/1999 in order to ensure coherence between the two legal acts. New provisions, mainly related to setting
  binding
  national contributions,
  trajectories and milestones,
  gap filling mechanisms and reporting obligations, should be streamlined and transferred to that Regulation, once it is amended. Some provisions of Regulation (EU) 2018/1999 might also need to be reassessed in view of the changes proposed in this Directive. The additional reporting and monitoring requirements should not create any new parallel reporting systems but would be subject to the existing monitoring and reporting framework under Regulation (EU) 2018/1999. |
| --- | --- |

(124)

Some of the changes introduced by this Directive might require a subsequent amendment to Regulation (EU) 2018/1999 in order to ensure coherence between the two legal acts. New provisions, mainly related to setting
  binding
  national contributions,
  trajectories and milestones,
  gap filling mechanisms and reporting obligations, should be streamlined and transferred to that Regulation, once it is amended. Some provisions of Regulation (EU) 2018/1999 might also need to be reassessed in view of the changes proposed in this Directive. The additional reporting and monitoring requirements should not create any new parallel reporting systems but would be subject to the existing monitoring and reporting framework under Regulation (EU) 2018/1999.

| (125) | To foster the practical implementation of this Directive at national, regional and local levels, the Commission should continue to support the exchange of experiences on practices, benchmarking, networking activities, as well as innovative practices by an online platform. |
| --- | --- |

(125)

To foster the practical implementation of this Directive at national, regional and local levels, the Commission should continue to support the exchange of experiences on practices, benchmarking, networking activities, as well as innovative practices by an online platform.

| (126) | Since the objectives of this Directive, namely to achieve the Union's energy efficiency target and to pave the way towards further energy efficiency improvements and towards climate neutrality, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(126)

Since the objectives of this Directive, namely to achieve the Union's energy efficiency target and to pave the way towards further energy efficiency improvements and towards climate neutrality, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

| (127) | In order to permit adaptation to technical progress and changes in the distribution of energy sources, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the review of the harmonised efficiency reference values laid down on the basis of this Directive and in respect of the values, calculation methods, default primary energy coefficient and requirements in the Annexes to this Directive. |
| --- | --- |

(127)

In order to permit adaptation to technical progress and changes in the distribution of energy sources, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the review of the harmonised efficiency reference values laid down on the basis of this Directive and in respect of the values, calculation methods, default primary energy coefficient and requirements in the Annexes to this Directive.

| (128) | It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (52). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
| --- | --- |

(128)

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (52). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

| (129) | In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (53). |
| --- | --- |

(129)

In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (53).

| (130) | The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive amendment as compared to the earlier Directive. The obligation to transpose the provisions which are unchanged arises under that earlier Directive. |
| --- | --- |

(130)

The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive amendment as compared to the earlier Directive. The obligation to transpose the provisions which are unchanged arises under that earlier Directive.

| (131) | This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the Directives set out in Annex XV, Part B, |
| --- | --- |

(131)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the Directives set out in Annex XV, Part B,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

SUBJECT MATTER, SCOPE, DEFINITIONS AND ENERGY EFFICIENCY TARGETS

Article 1

Subject matter and scope

1.   This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the
  binding
  Union's target on energy efficiency is met and enables further energy efficiency improvements,
  contributing to the implementation of the Paris Agreement and to the Union’s security of energy supply through reducing its dependence on energy imports, including fossil fuels, while transforming the Union's energy relations with third country partners towards achieving climate neutrality.

This Directive lays down rules designed to implement energy efficiency as a priority across all sectors, remove barriers in the energy market and overcome market failures that impede efficiency in the supply
  , transmission, storage
  and use of energy. It also provides for the establishment of
  binding
  national energy efficiency contributions for 2030.

This Directive contributes to the implementation of the energy efficiency first principle, thus contributing to the Union as an inclusive, fair and prosperous society with a modern, resource-efficient and competitive economy.

2.   The requirements laid down in this Directive are minimum requirements and shall not prevent any Member State from maintaining or introducing more stringent measures. Such measures shall be compatible with Union law. Where national legislation provides for more stringent measures, the Member State shall notify such legislation to the Commission.

Article 2

Definitions

For the purposes of this Directive, the following definitions shall apply:

| (1) | ‘energy’ means all forms of energy products, combustible fuels, heat, renewable energy, electricity, or any other form of energy, as defined in Article 2(d) of Regulation (EC) No 1099/2008 of the European Parliament and of the Council (54); |
| --- | --- |

(1)

‘energy’ means all forms of energy products, combustible fuels, heat, renewable energy, electricity, or any other form of energy, as defined in Article 2(d) of Regulation (EC) No 1099/2008 of the European Parliament and of the Council (54);

| (2) | ‘energy efficiency first’ means ‘energy efficiency first’ as defined in point (18) of Article 2 of Regulation (EU) 2018/1999; |
| --- | --- |

(2)

‘energy efficiency first’ means ‘energy efficiency first’ as defined in point (18) of Article 2 of Regulation (EU) 2018/1999;

| (3) | ‘energy system’ means a system primarily designed to supply energy-services to satisfy the demand of end-use sectors for energy in the forms of heat, fuels, and electricity; |
| --- | --- |

(3)

‘energy system’ means a system primarily designed to supply energy-services to satisfy the demand of end-use sectors for energy in the forms of heat, fuels, and electricity;

| (3a) | ‘system efficiency’ means the selection of energy-efficient solutions where they also enable a cost-effective decarbonisation pathway, additional flexibility and the efficient use of resources; |
| --- | --- |

(3a)

‘system efficiency’ means the selection of energy-efficient solutions where they also enable a cost-effective decarbonisation pathway, additional flexibility and the efficient use of resources;

| (4) | ‘primary energy consumption’ means gross available energy, excluding international maritime bunkers, final non-energy consumption, ambient heat 
  and geothermal energy used in heat pumps
  ; |
| --- | --- |

(4)

‘primary energy consumption’ means gross available energy, excluding international maritime bunkers, final non-energy consumption, ambient heat 
  and geothermal energy used in heat pumps
  ;

| (5) | ‘final energy consumption’ means all energy supplied to industry, transport (including energy consumption in international aviation), households, public and private services, agriculture, forestry and fishing and other end-users (final consumers of energy). It excludes energy consumption in international maritime bunkers, ambient heat and 
  geothermal energy used in heat pumps and
  deliveries to the transformation sector, and the energy sector and losses due to transmission and distribution (definitions in Annex A of Regulation (EC) No 1099/2008 apply); |
| --- | --- |

(5)

‘final energy consumption’ means all energy supplied to industry, transport (including energy consumption in international aviation), households, public and private services, agriculture, forestry and fishing and other end-users (final consumers of energy). It excludes energy consumption in international maritime bunkers, ambient heat and 
  geothermal energy used in heat pumps and
  deliveries to the transformation sector, and the energy sector and losses due to transmission and distribution (definitions in Annex A of Regulation (EC) No 1099/2008 apply);

| (6) | ‘energy efficiency’ means the ratio of output of performance, service, goods or energy, to input of energy; |
| --- | --- |

(6)

‘energy efficiency’ means the ratio of output of performance, service, goods or energy, to input of energy;

| (7) | ‘energy savings’ means an amount of saved energy determined by measuring and/or estimating consumption before and after implementation of an energy efficiency improvement measure, whilst ensuring normalisation for external conditions that affect energy consumption; |
| --- | --- |

(7)

‘energy savings’ means an amount of saved energy determined by measuring and/or estimating consumption before and after implementation of an energy efficiency improvement measure, whilst ensuring normalisation for external conditions that affect energy consumption;

| (8) | ‘energy efficiency improvement’ means an increase in energy efficiency as a result of technological, behavioural and/or economic changes; |
| --- | --- |

(8)

‘energy efficiency improvement’ means an increase in energy efficiency as a result of technological, behavioural and/or economic changes;

| (9) | ‘energy service’ means the physical benefit, utility or good derived from a combination of energy with energy-efficient technology or with action, which may include the operations, maintenance and control necessary to deliver the service, which is delivered on the basis of a contract and in normal circumstances has proven to result in verifiable and measurable or estimable energy efficiency improvement or primary energy savings; |
| --- | --- |

(9)

‘energy service’ means the physical benefit, utility or good derived from a combination of energy with energy-efficient technology or with action, which may include the operations, maintenance and control necessary to deliver the service, which is delivered on the basis of a contract and in normal circumstances has proven to result in verifiable and measurable or estimable energy efficiency improvement or primary energy savings;

| (10) | ‘public bodies’ means ‘contracting authorities’ as defined in Directive 2014/24/EU of the European Parliament and of the Council (55); |
| --- | --- |

(10)

‘public bodies’ means ‘contracting authorities’ as defined in Directive 2014/24/EU of the European Parliament and of the Council (55);

| (10a) | ‘buildings for social purposes’ means buildings solely occupied by bodies other than public bodies, which are publicly funded and which provide services of general interest, such as education, health, social services or social housing; |
| --- | --- |

(10a)

‘buildings for social purposes’ means buildings solely occupied by bodies other than public bodies, which are publicly funded and which provide services of general interest, such as education, health, social services or social housing;

| (11) | ‘total useful floor area’ means the floor area of a building or part of a building, where energy is used to condition the indoor climate; |
| --- | --- |

(11)

‘total useful floor area’ means the floor area of a building or part of a building, where energy is used to condition the indoor climate;

| (12) | ‘contracting authorities’ means contracting authorities as defined in Article Articles 6(1), 2(1) and 3(1) of Directives 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU respectively; |
| --- | --- |

(12)

‘contracting authorities’ means contracting authorities as defined in Article Articles 6(1), 2(1) and 3(1) of Directives 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU respectively;

| (13) | ‘contracting entities’ means contracting entities as defined in Directives 2014/23/EU and 2014/25/EU respectively; |
| --- | --- |

(13)

‘contracting entities’ means contracting entities as defined in Directives 2014/23/EU and 2014/25/EU respectively;

| (14) | ‘energy management system’ means a set of interrelated or interacting elements of a plan which sets an energy efficiency objective and a strategy to achieve that objective, including monitoring of actual energy consumption, actions taken to increase energy efficiency and measurement of progress; |
| --- | --- |

(14)

‘energy management system’ means a set of interrelated or interacting elements of a plan which sets an energy efficiency objective and a strategy to achieve that objective, including monitoring of actual energy consumption, actions taken to increase energy efficiency and measurement of progress;

| (15) | ‘European standard’ means a standard adopted by the European Committee for Standardisation, the European Committee for Electrotechnical Standardisation or the European Telecommunications Standards Institute and made available for public use; |
| --- | --- |

(15)

‘European standard’ means a standard adopted by the European Committee for Standardisation, the European Committee for Electrotechnical Standardisation or the European Telecommunications Standards Institute and made available for public use;

| (16) | ‘international standard’ means a standard adopted by the International Standardisation Organisation and made available to the public; |
| --- | --- |

(16)

‘international standard’ means a standard adopted by the International Standardisation Organisation and made available to the public;

| (17) | ‘obligated party’ means an energy distributor or retail energy sales company or transmission system operator that is bound by the national energy efficiency obligation schemes referred to in Article 9; |
| --- | --- |

(17)

‘obligated party’ means an energy distributor or retail energy sales company or transmission system operator that is bound by the national energy efficiency obligation schemes referred to in Article 9;

| (18) | ‘entrusted party’ means a legal entity with delegated power from a government or other public body to develop, manage or operate a financing scheme on behalf of the government or other public body; |
| --- | --- |

(18)

‘entrusted party’ means a legal entity with delegated power from a government or other public body to develop, manage or operate a financing scheme on behalf of the government or other public body;

| (19) | ‘participating party’ means an enterprise or public body that has committed itself to reaching certain objectives under a voluntary agreement, or is covered by a national regulatory policy instrument; |
| --- | --- |

(19)

‘participating party’ means an enterprise or public body that has committed itself to reaching certain objectives under a voluntary agreement, or is covered by a national regulatory policy instrument;

| (20) | ‘implementing public authority’ means a body governed by public law which is responsible for the carrying out or monitoring of energy or carbon taxation, financial schemes and instruments, fiscal incentives, standards and norms, energy labelling schemes, training or education; |
| --- | --- |

(20)

‘implementing public authority’ means a body governed by public law which is responsible for the carrying out or monitoring of energy or carbon taxation, financial schemes and instruments, fiscal incentives, standards and norms, energy labelling schemes, training or education;

| (21) | ‘policy measure’ means a regulatory, financial, fiscal, voluntary or information provision instrument formally established and implemented in a Member State to create a supportive framework, requirement or incentive for market actors to provide and purchase energy services and to undertake other energy efficiency improvement measures; |
| --- | --- |

(21)

‘policy measure’ means a regulatory, financial, fiscal, voluntary or information provision instrument formally established and implemented in a Member State to create a supportive framework, requirement or incentive for market actors to provide and purchase energy services and to undertake other energy efficiency improvement measures;

| (22) | ‘individual action’ means an action that leads to verifiable, and measurable or estimable, energy efficiency improvements and is undertaken as a result of a policy measure; |
| --- | --- |

(22)

‘individual action’ means an action that leads to verifiable, and measurable or estimable, energy efficiency improvements and is undertaken as a result of a policy measure;

| (23) | ‘energy distributor’ means a natural or legal person, including a distribution system operator, responsible for transporting energy with a view to its delivery to final customers or to distribution stations that sell energy to final customers; |
| --- | --- |

(23)

‘energy distributor’ means a natural or legal person, including a distribution system operator, responsible for transporting energy with a view to its delivery to final customers or to distribution stations that sell energy to final customers;

| (24) | ‘distribution system operator’ means ‘distribution system operator’ as defined in Article 2(29) of Directive (EU) 2019/944 , as regards electricity, and Article 2(6) of Directive 2009/73/EC, as regards gas, respectively; |
| --- | --- |

(24)

‘distribution system operator’ means ‘distribution system operator’ as defined in Article 2(29) of Directive (EU) 2019/944 , as regards electricity, and Article 2(6) of Directive 2009/73/EC, as regards gas, respectively;

| (25) | ‘retail energy sales company’ means a natural or legal person who sells energy to final customers; |
| --- | --- |

(25)

‘retail energy sales company’ means a natural or legal person who sells energy to final customers;

| (26) | ‘final customer’ means a natural or legal person who purchases energy for own end use; |
| --- | --- |

(26)

‘final customer’ means a natural or legal person who purchases energy for own end use;

| (27) | ‘energy service provider’ means a natural or legal person who delivers energy services or energy efficiency improvement measures in a final customer’s facility or premises; |
| --- | --- |

(27)

‘energy service provider’ means a natural or legal person who delivers energy services or energy efficiency improvement measures in a final customer’s facility or premises;

| (27a) | ‘small or medium-sized enterprise’ or ‘SME’ means an enterprise as defined in Article 2(1) of the Annex to the Commission Recommendation 2003/361/EC
   (56); |
| --- | --- |

(27a)

‘small or medium-sized enterprise’ or ‘SME’ means an enterprise as defined in Article 2(1) of the Annex to the Commission Recommendation 2003/361/EC
   (56);

| (27b) | ‘microenterprise’ means an enterprise as defined in Article 2(3) of the Annex to Recommendation 2003/361/EC; |
| --- | --- |

(27b)

‘microenterprise’ means an enterprise as defined in Article 2(3) of the Annex to Recommendation 2003/361/EC;

| (28) | ‘energy audit’ means a systematic procedure with the purpose of obtaining adequate knowledge of the energy consumption
  and management
  profile of a building or group of buildings, an industrial or commercial operation or installation or a private or public service, identifying and quantifying opportunities for cost-effective energy savings identifying the potential for cost-effective use or production of renewable energy and reporting the findings; |
| --- | --- |

(28)

‘energy audit’ means a systematic procedure with the purpose of obtaining adequate knowledge of the energy consumption
  and management
  profile of a building or group of buildings, an industrial or commercial operation or installation or a private or public service, identifying and quantifying opportunities for cost-effective energy savings identifying the potential for cost-effective use or production of renewable energy and reporting the findings;

| (29) | ‘energy performance contracting’ means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure, verified and monitored during the whole term of the contract, where work, supply or service in that measure are paid for in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion, such as financial savings; |
| --- | --- |

(29)

‘energy performance contracting’ means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure, verified and monitored during the whole term of the contract, where work, supply or service in that measure are paid for in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion, such as financial savings;

| (30) | ‘smart metering system’ or ‘intelligent metering system’ means ‘smart metering system’ as defined in Directive (EU) 2019/944; |
| --- | --- |

(30)

‘smart metering system’ or ‘intelligent metering system’ means ‘smart metering system’ as defined in Directive (EU) 2019/944;

| (30a) | ‘recharging point’ means a recharging point as defined in Article 2(41) of Directive ... [AFIR — 2021/0223(COD)]; |
| --- | --- |

(30a)

‘recharging point’ means a recharging point as defined in Article 2(41) of Directive ... [AFIR — 2021/0223(COD)];

| (31) | ‘transmission system operator’ means ‘transmission system operator’ as defined in in Article 2(35) of Directive (EU) 2019/944 and Directive 2009/73/EC, for electricity and gas, respectively; |
| --- | --- |

(31)

‘transmission system operator’ means ‘transmission system operator’ as defined in in Article 2(35) of Directive (EU) 2019/944 and Directive 2009/73/EC, for electricity and gas, respectively;

| (32) | ‘cogeneration’ means the simultaneous generation in one process of thermal energy and electrical or mechanical energy; |
| --- | --- |

(32)

‘cogeneration’ means the simultaneous generation in one process of thermal energy and electrical or mechanical energy;

| (33) | ‘economically justifiable demand’ means demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration; |
| --- | --- |

(33)

‘economically justifiable demand’ means demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;

| (34) | ‘useful heat’ means heat produced in a cogeneration process to satisfy economically justifiable demand for heating or cooling; |
| --- | --- |

(34)

‘useful heat’ means heat produced in a cogeneration process to satisfy economically justifiable demand for heating or cooling;

| (35) | ‘electricity from cogeneration’ means electricity generated in a process linked to the production of useful heat and calculated in accordance with the methodology laid down in Annex II; |
| --- | --- |

(35)

‘electricity from cogeneration’ means electricity generated in a process linked to the production of useful heat and calculated in accordance with the methodology laid down in Annex II;

| (36) | ‘high-efficiency cogeneration’ means cogeneration meeting the criteria laid down in Annex III; |
| --- | --- |

(36)

‘high-efficiency cogeneration’ means cogeneration meeting the criteria laid down in Annex III;

| (37) | ‘overall efficiency’ means the annual sum of electricity and mechanical energy production and useful heat output divided by the fuel input used for heat produced in a cogeneration process and gross electricity and mechanical energy production; |
| --- | --- |

(37)

‘overall efficiency’ means the annual sum of electricity and mechanical energy production and useful heat output divided by the fuel input used for heat produced in a cogeneration process and gross electricity and mechanical energy production;

| (38) | ‘power-to-heat ratio’ means the ratio of electricity from cogeneration to useful heat when operating in full cogeneration mode using operational data of the specific unit; |
| --- | --- |

(38)

‘power-to-heat ratio’ means the ratio of electricity from cogeneration to useful heat when operating in full cogeneration mode using operational data of the specific unit;

| (39) | ‘cogeneration unit’ means a unit that is able to operate in cogeneration mode; |
| --- | --- |

(39)

‘cogeneration unit’ means a unit that is able to operate in cogeneration mode;

| (40) | ‘small-scale cogeneration unit’ means a cogeneration unit with installed capacity below 1 MWe; |
| --- | --- |

(40)

‘small-scale cogeneration unit’ means a cogeneration unit with installed capacity below 1 MWe;

| (41) | ‘micro-cogeneration unit’ means a cogeneration unit with a maximum capacity below 50 kWe; |
| --- | --- |

(41)

‘micro-cogeneration unit’ means a cogeneration unit with a maximum capacity below 50 kWe;

| (42) | ‘efficient district heating and cooling’ means a district heating or cooling system meeting the criteria laid down in Article 24; |
| --- | --- |

(42)

‘efficient district heating and cooling’ means a district heating or cooling system meeting the criteria laid down in Article 24;

| (43) | ‘efficient heating and cooling’ means a heating and cooling option that, compared to a baseline scenario reflecting a business-as-usual situation, measurably reduces the input of primary energy needed to supply one unit of delivered energy within a relevant system boundary in a cost-effective way, as assessed in the cost-benefit analysis referred to in this Directive, taking into account the energy required for extraction, conversion, transport and distribution; |
| --- | --- |

(43)

‘efficient heating and cooling’ means a heating and cooling option that, compared to a baseline scenario reflecting a business-as-usual situation, measurably reduces the input of primary energy needed to supply one unit of delivered energy within a relevant system boundary in a cost-effective way, as assessed in the cost-benefit analysis referred to in this Directive, taking into account the energy required for extraction, conversion, transport and distribution;

| (44) | ‘efficient individual heating and cooling’ means an individual heating and cooling supply option that, compared to efficient district heating and cooling, measurably reduces the input of non-renewable primary energy needed to supply one unit of delivered energy within a relevant system boundary or requires the same input of non-renewable primary energy but at a lower cost, taking into account the energy required for extraction, conversion, transport and distribution; |
| --- | --- |

(44)

‘efficient individual heating and cooling’ means an individual heating and cooling supply option that, compared to efficient district heating and cooling, measurably reduces the input of non-renewable primary energy needed to supply one unit of delivered energy within a relevant system boundary or requires the same input of non-renewable primary energy but at a lower cost, taking into account the energy required for extraction, conversion, transport and distribution;

| (45) | ‘data centre’ means a structure, or group of structures
  used to house, connect and operate computer system/servers and associated
  equipment
  for
  data storage, processing and
  /or
  distribution
  , as well as related activities as defined in Commission Regulation (EU) 2022/132
   (57); |
| --- | --- |

(45)

‘data centre’ means a structure, or group of structures
  used to house, connect and operate computer system/servers and associated
  equipment
  for
  data storage, processing and
  /or
  distribution
  , as well as related activities as defined in Commission Regulation (EU) 2022/132
   (57);

| (46) | ‘substantial refurbishment’ means a refurbishment whose cost exceeds 50 % of the investment cost for a new comparable unit; |
| --- | --- |

(46)

‘substantial refurbishment’ means a refurbishment whose cost exceeds 50 % of the investment cost for a new comparable unit;

| (47) | ‘aggregator’ has the meaning attributed to ‘independent aggregator’ as defined by Article 2(19) of Directive (EU) 2019/944; |
| --- | --- |

(47)

‘aggregator’ has the meaning attributed to ‘independent aggregator’ as defined by Article 2(19) of Directive (EU) 2019/944;

| (48) | ‘energy poverty’ means a household’s
  inability, linked to non-affordability, to meet its basic energy supply needs and a
  lack of access to essential energy services
  to guarantee basic levels of comfort and health,
  a decent standard of living and health, including adequate
  heating, hot water
  , cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policies
  , caused by one or a combination of the following factors: insufficient disposable income, high energy expenditures and poor energy efficiency of homes
  ; |
| --- | --- |

(48)

‘energy poverty’ means a household’s
  inability, linked to non-affordability, to meet its basic energy supply needs and a
  lack of access to essential energy services
  to guarantee basic levels of comfort and health,
  a decent standard of living and health, including adequate
  heating, hot water
  , cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policies
  , caused by one or a combination of the following factors: insufficient disposable income, high energy expenditures and poor energy efficiency of homes
  ;

| (49) | ‘final user’ means natural or legal person purchasing heating, cooling or domestic hot water for their own end-use, or natural or legal person occupying an individual building or a unit in a multi-apartment or multi-purpose building supplied with heating, cooling or domestic hot water from a central source who has no direct or individual contract with the energy supplier; |
| --- | --- |

(49)

‘final user’ means natural or legal person purchasing heating, cooling or domestic hot water for their own end-use, or natural or legal person occupying an individual building or a unit in a multi-apartment or multi-purpose building supplied with heating, cooling or domestic hot water from a central source who has no direct or individual contract with the energy supplier;

| (50) | ‘split incentives’ means the lack of fair and reasonable distribution of financial obligations and rewards related to energy efficiency investments among the actors concerned, for example the owners and tenants or the different owners of building units, or owners and tenants or different owners of multi-apartment or multi-purpose buildings. |
| --- | --- |

(50)

‘split incentives’ means the lack of fair and reasonable distribution of financial obligations and rewards related to energy efficiency investments among the actors concerned, for example the owners and tenants or the different owners of building units, or owners and tenants or different owners of multi-apartment or multi-purpose buildings.

| (50a) | ‘engagement strategy’ means a strategy that sets objectives, develops techniques and establishes the process by which to involve all relevant stakeholders at national and local level, including civil society representatives such as consumer organisations, in the policy-making process, with the goal of increasing awareness, obtaining feedback on such policies and improving their public acceptance; |
| --- | --- |

(50a)

‘engagement strategy’ means a strategy that sets objectives, develops techniques and establishes the process by which to involve all relevant stakeholders at national and local level, including civil society representatives such as consumer organisations, in the policy-making process, with the goal of increasing awareness, obtaining feedback on such policies and improving their public acceptance;

| (50b) | ‘one-stop shop’ means a single point for provision of advice, guidance and information. |
| --- | --- |

(50b)

‘one-stop shop’ means a single point for provision of advice, guidance and information.

Article 3

Energy efficiency first principle

1.   In conformity with the energy efficiency first principle, Member States shall ensure that energy efficiency solutions,
  including demand-side resources and system flexibilities, areassessed
  in the
  design and
  planning
  of
  policy
  decisions as well as
  major investment decisions related to the following sectors:

| (a) | energy systems, and |
| --- | --- |

(a)

energy systems, and

| (b) | non-energy sectors, where those sectors have an impact on energy consumption and energy efficiency
  , including buildings, transport, water, information and communications technology (ICT), agriculture and financial sectors
  . |
| --- | --- |

(b)

non-energy sectors, where those sectors have an impact on energy consumption and energy efficiency
  , including buildings, transport, water, information and communications technology (ICT), agriculture and financial sectors
  .

2.   Member States shall ensure that the application of the energy efficiency first principle
  , including, where appropriate, sector integration and cross-sectoral impacts,
  is verified by the relevant entities where policy, planning and investment decisions are subject to approval and monitoring requirements.

2a.
     
  In applying this Article, Member States shall take into account the Commission Recommendation (EU) 2021/1749
   (58).

3.   In applying the energy efficiency first principle, Member States shall:

| (a) | develop, apply and make publicly available a
  cost-benefit
  methodology that allows the proper assessment of the wider benefits of energy efficiency solutions taking into account the entire life cycle and foreseeable developments, system and cost efficiency, security of supply and quantification from the societal, health, economic and climate neutrality
  perspective; |
| --- | --- |

(a)

develop, apply and make publicly available a
  cost-benefit
  methodology that allows the proper assessment of the wider benefits of energy efficiency solutions taking into account the entire life cycle and foreseeable developments, system and cost efficiency, security of supply and quantification from the societal, health, economic and climate neutrality
  perspective;

| (aa) | ensure that the application of the energy efficiency first principle will have a positive impact on addressing energy poverty; |
| --- | --- |

(aa)

ensure that the application of the energy efficiency first principle will have a positive impact on addressing energy poverty;

| (b) | identify an entity responsible for monitoring the application of the energy efficiency first principle and the impacts of
  regulatory frameworks, including financial regulations,
  planning, policy and investment decisions on energy consumption and energy efficiency
  and energy systems
  ; |
| --- | --- |

(b)

identify an entity responsible for monitoring the application of the energy efficiency first principle and the impacts of
  regulatory frameworks, including financial regulations,
  planning, policy and investment decisions on energy consumption and energy efficiency
  and energy systems
  ;

| (ba) | secure that the investments made are environmentally sustainable at all stages of the energy value chain and apply circularity principles in transition to climate neutrality; |
| --- | --- |

(ba)

secure that the investments made are environmentally sustainable at all stages of the energy value chain and apply circularity principles in transition to climate neutrality;

| (c) | report to the Commission, as part of the integrated national energy and climate progress reports in accordance with Article 17 of Regulation (EU) 2018/1999 on how the
  energy efficiency first
  principle was taken into account in the national, regional
  and local
  planning, policy and major investment decisions related to the national and regional energy systems
  and to non-energy sectors, where those sectors have an impact on energy consumption and energy efficiency, including, but not limited to, the following:










  (i) | an assessment of the systematic application and benefits of the energy efficiency first principle in energy systems, in particular in relation to energy consumption; |
| --- | --- | --- |

(c)

report to the Commission, as part of the integrated national energy and climate progress reports in accordance with Article 17 of Regulation (EU) 2018/1999 on how the
  energy efficiency first
  principle was taken into account in the national, regional
  and local
  planning, policy and major investment decisions related to the national and regional energy systems
  and to non-energy sectors, where those sectors have an impact on energy consumption and energy efficiency, including, but not limited to, the following:

(i)

an assessment of the systematic application and benefits of the energy efficiency first principle in energy systems, in particular in relation to energy consumption;

| (ii) | a list of actions taken to remove any unnecessary regulatory or non-regulatory barriers to the implementation of the energy efficiency first principle and of demand-side solutions, including through the identification of national legislation and measures that are contrary to the energy efficiency first principle; |
| --- | --- |

(ii)

a list of actions taken to remove any unnecessary regulatory or non-regulatory barriers to the implementation of the energy efficiency first principle and of demand-side solutions, including through the identification of national legislation and measures that are contrary to the energy efficiency first principle;

3a.
     
  By ... [6 months after the date of entry in force of this Directive], the Commission shall adopt a delegated act supplementing this Directive by establishing a common general framework including supervision, the monitoring and reporting procedure that Member States may use to design the cost-benefit methodologies referred to in paragraph 3, point (a), in order to ensure comparability while leaving the possibility for Member States to adapt to national and local circumstances.

Article 4

Energy efficiency targets

1.   Member States shall collectively ensure a reduction of energy consumption of at least
  40
   % in 2030
  in final energy consumption and 42,5 % in primary energy consumption
  compared to the projections of the
  2007
  Reference Scenario so that the Union’s final energy consumption amounts to no more than
  740
  Mtoe and the Union’s primary energy consumption amounts to no more than
  960
  Mtoe in 2030 (59).

2.   Each Member State shall set
  binding
  national energy efficiency contributions for final and primary energy consumption to meet, collectively, the binding Union target set in paragraph 1. Member States shall notify those contributions together with
  a
  trajectory
  with two reference points (milestones) in 2025 and 2027
  for those contributions, to the Commission as part of the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure set out in Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999.
  When setting their binding national contributions, Member States shall
  apply
  the formula defined in Annex I of this Directive and explain how, and on the basis of which data, the contributions have been calculated.

Member States shall also provide the shares of energy consumption of energy end-use sectors, as defined in Regulation (EC) No 1099/2008 on energy statistics, including industry, residential, services and transport, in their national energy efficiency contributions. Projections for energy consumption in ▌ICT ▌shall also be indicated.

In setting those contributions, Member States shall take into account:

| (a) | that the Union’s 2030 energy consumption has to be no more than
  740
  Mtoe of final energy or no more than
  960
   Mtoe of primary energy consumption; |
| --- | --- |

(a)

that the Union’s 2030 energy consumption has to be no more than
  740
  Mtoe of final energy or no more than
  960
   Mtoe of primary energy consumption;

| (b) | the measures provided for in this Directive; |
| --- | --- |

(b)

the measures provided for in this Directive;

| (c) | other measures to promote energy efficiency within Member States and at Union level; |
| --- | --- |

(c)

other measures to promote energy efficiency within Member States and at Union level;

| (d) | the following
  relevant factors affecting efficiency efforts
  included in the formula established in Annex I
  :






  i. | the collective level of ambition necessary to reach climate objectives; |
| --- | --- | --- |

(d)

the following
  relevant factors affecting efficiency efforts
  included in the formula established in Annex I
  :

i.

the collective level of ambition necessary to reach climate objectives;

| ii. | the equitable distribution of efforts across the Union; |
| --- | --- |

ii.

the equitable distribution of efforts across the Union;

| iii. | the energy intensity of the economy; |
| --- | --- |

iii.

the energy intensity of the economy;

| (iv) | the remaining cost-effective energy-saving potential; |
| --- | --- |

(iv)

the remaining cost-effective energy-saving potential;

| (e) | other national
  factors
  affecting energy consumption, in particular:






  (i) | GDP evolution and forecast; |
| --- | --- | --- |

(e)

other national
  factors
  affecting energy consumption, in particular:

(i)

GDP evolution and forecast;

| (ii) | changes of energy imports and exports, developments in energy mix and deployment of new sustainable fuels; |
| --- | --- |

(ii)

changes of energy imports and exports, developments in energy mix and deployment of new sustainable fuels;

| (iii) | development of all sources of renewable energies, nuclear energy, carbon capture and storage; |
| --- | --- |

(iii)

development of all sources of renewable energies, nuclear energy, carbon capture and storage;

| (iv) | decarbonisation of energy intensive industries. |
| --- | --- |

(iv)

decarbonisation of energy intensive industries.

| (iv a) | the level of ambition in the national decarbonisation/climate neutrality plans. |
| --- | --- |

(iv a)

the level of ambition in the national decarbonisation/climate neutrality plans.

Where Member States take into account the national factors referred to in point (e) of the third subparagraph, this shall not lead to a failure to achieve the Union’s energy efficiency target. The Commission shall assess whether the collective contribution of Member States is sufficient to achieve the Union’s energy efficiency target and assess if the contributions are in line with achieving the milestones. Where it concludes that it is not sufficient, it shall, within two months of the Member States’ notification of their national energy efficiency contributions, propose to each Member State a corrected national energy efficiency contribution ensuring that the collective contribution of Member States reaches the Union’s energy efficiency target. When applying that mechanism, the Commission shall ensure that there is no difference in the primary and final energy consumption between the sum of the Member States’ national contributions and the Union’s energy efficiency target.

3.   
  The
  Commission
  shall
  , on the basis of its assessment pursuant to Article 29(1) and (3) of Regulation (EU) 2018/1999,
  assess


  the progress of Member States towards the achievement of their binding national contributions and milestones referred to in paragraph 2 of this Article. Where the Commission concludes, on the basis of its assessment,
  that insufficient progress has been made towards meeting the energy efficiency contributions, Member States that are above their ▌trajectories
  and milestones
  referred to in paragraph 2 of this Article shall ensure that additional measures are implemented within one year following the date of reception of the Commission's assessment in order to ensure getting back on track to reach their energy efficiency contributions. Those additional measures shall include, but shall not be limited to, the following measures:

| a. | national measures delivering additional energy savings, including stronger project development assistance for the implementation of energy efficiency investment measures; |
| --- | --- |

a.

national measures delivering additional energy savings, including stronger project development assistance for the implementation of energy efficiency investment measures;

| b. | increasing the energy savings obligation set out in Article 8; |
| --- | --- |

b.

increasing the energy savings obligation set out in Article 8;

| c. | adjusting the obligation for public sector; |
| --- | --- |

c.

adjusting the obligation for public sector;

| d. | making a voluntary financial contribution to the National Energy Efficiency Fund referred to in Article 28 or another financing instrument dedicated to energy efficiency, where the annual financial contributions shall be equal to the investments required to reach the ▌trajectory. |
| --- | --- |

d.

making a voluntary financial contribution to the National Energy Efficiency Fund referred to in Article 28 or another financing instrument dedicated to energy efficiency, where the annual financial contributions shall be equal to the investments required to reach the ▌trajectory.

Where a Member State is above its ▌trajectory referred to in paragraph 2 of this Article, it shall include in its integrated national energy and climate progress report pursuant to Article 17 of Regulation (EU) 2018/1999, an explanation of
  the measures
  it will
  take to
  cover the gap to ensure reaching its national energy efficiency contributions
  and the amount of energy savings each measure is expected to deliver
  .

The Commission shall assess whether the national measures referred to in this paragraph are sufficient to achieve the Union's energy efficiency targets. Where national measures are deemed to be insufficient, the Commission shall, as appropriate, propose measures and exercise its power at Union level in order to ensure, in particular, the achievement of the Union's 2030 targets for energy efficiency.

4.   The Commission shall assess by 31 December 2026 any methodological changes in the data reported pursuant to Regulation (EC) No 1099/2008 on energy statistics, in the methodology for calculating energy balance and in energy models for European energy use and, if necessary, propose technical calculation adjustments to the Union’s 2030 targets with a view to maintaining the level of ambition set out in paragraph 1 of this Article.

CHAPTER II

CHAPTER II

EXEMPLARY ROLE OF PUBLIC SECTOR

EXEMPLARY ROLE OF PUBLIC SECTOR

Article 5

Public sector leading on energy efficiency

1.   Member States shall ensure that the total final energy consumption of all public bodies combined is reduced by at least
  2 %
  each year, when compared to the year X-2 (with X as the year when this Directive enters into force).

Member States may take into account climatic variations within the Member State when calculating their public bodies’ final energy consumption.

2.   Member States shall include, in their national energy and climate plans and updates thereof pursuant to Regulation (EU) 2018/1999,
  the
  list of
  all
  public bodies which shall contribute to the fulfilment of the obligation set out in paragraph 1 of this Article, the amount of energy consumption reduction
  and energy savings
  to be achieved by each of them and the measures they plan to achieve it. As part of their integrated national energy and climate reports pursuant to Article 17 of Regulation (EU) 2018/1999, Member States shall report to the Commission the final energy consumption reduction achieved annually.

3.   Member States shall ensure that regional and local authorities, establish specific energy efficiency measures in their decarbonisation plans after consulting
  relevant
  stakeholders
  , their energy agencies, where relevant,
  and the public, including the particular groups at risk of energy poverty or more susceptible to its effects
  on the basis of their income, gender, demographics, health condition or membership of a minority group
  , such as ▌persons with a minority racial or ethnic background.
  Member States shall also ensure that, when designing and implementing energy efficiency measures, regional and local authorities avoid negative direct or indirect impacts of the energy efficiency measures on energy poor, low-income households or vulnerable groups.

4.   Member States shall
  provide financial and technical
  support
  to
  public bodies in the uptake of energy efficiency improvement measures
  and encourage them to take into account the wider benefits beyond energy savings, such as the quality of the indoor air and environment as well as an improvement of people’s quality of life and the comfort of renovated public buildings, in particular schools, day care centres, nursing homes, sheltered housing, hospitals, and social housing,
  including at regional and local levels
  . Member States shall provide
  guidelines,
  promote
  competence building and training opportunities
  , including on energy refurbishment by using Energy Performance Contracts and public private partnerships
  and
  encourage
  cooperation amongst public bodies.
  Members States shall support public bodies to address the lack of human resources, which are needed at all stages of the green transition, including craftspeople as well as high-skilled green technology experts, applied scientists and innovators.

5.   Member States shall encourage public bodies to consider life cycle carbon emissions
  as well as economic, social and energy security benefits
  of their public bodies’ investment and policy activities
  and shall provide specific guidance in that regard
  .

5a.
     
  Member States shall encourage public bodies to take adequate measures to address the heating dimension of buildings owned or occupied by public bodies, in particular via the replacement of old and inefficient heaters and phase out of fossil fuels.

5b.
     
  Member States shall promote the use of public transport and other less polluting and more energy efficient means of mobility, such as rail, cycling, walking or shared mobility, by renewing and decarbonising fleets, encouraging a modal shift and including those modes in urban mobility planning.

Article 6

Exemplary role of public bodies’ buildings

1.   Without prejudice to Article 7 of Directive 2010/31/EU ▌, each Member State shall ensure that at least 3 % of the total floor area of heated and/or cooled buildings owned by public bodies
  of the following categories and of buildings for social purposes
  is renovated each year to at least be transformed into nearly zero-energy buildings
  or zero-emission buildings
  in accordance with Article 9 of Directive 2010/31/EU
  with due consideration of cost-effectiveness and technical feasibility:

| (a) | buildings owned by public bodies; |
| --- | --- |

(a)

buildings owned by public bodies;

| (b) | buildings newly occupied by public bodies, from ... [the date of entry into force of this Directive]; |
| --- | --- |

(b)

buildings newly occupied by public bodies, from ... [the date of entry into force of this Directive];

| (c) | buildings occupied by public bodies when reaching a trigger point (renewal of rental, sale, change of use, significant repair or maintenance work). |
| --- | --- |

(c)

buildings occupied by public bodies when reaching a trigger point (renewal of rental, sale, change of use, significant repair or maintenance work).

Member States may exempt social housing from the obligation to renovate referred to in the first subparagraph where such renovations would not be cost neutral or would lead to rent increases for people living in social housing that cannot be limited to the equivalent of the economic savings on the energy bill in any way.

Where public bodies occupy a building that they do not own, they shall exercise their contractual rights to the extent possible and encourage the building owner to renovate the building to a nearly zero-energy building in accordance with Article 9 of Directive 2010/31/EU
  or implement an energy management system or energy performance contract to maintain and improve the energy performance over time
  . When concluding a new contract for occupying a building they do not own, public bodies shall
  ensure that the
  building
  falls
  into the top two energy efficiency classes on the energy performance certificate
  or establish contractual clauses that commit the building owner to renovate the building to a nearly zero-energy building before it is occupied by the public body
  .

The rate of at least 3 % shall be calculated on the total floor area of buildings having a total useful floor area over 250 m2 owned by public bodies ▌and
  of buildings for social purposes
  which, on 1 January 2024, are not nearly zero-energy buildings.

Member States may lay down requirements to ensure that, where technically and economically feasible, buildings owned or occupied by public bodies as referred to in the first and third subparagraphs of this paragraph and buildings for social purposes over 250 m2 are equipped with building automation and control systems or other solutions to actively manage energy flows, in accordance with Article 14(4) of Directive 2010/31/EU.

Where technically feasible and cost-effective, Member States shall make their best efforts to install a number of recharging points in buildings owned or occupied by public bodies exceeding the minimum requirements provided for in Article [12] of Directive ... [recast EPBD — 2021/0426(COD)].

1a.
     
  By way of derogation from paragraph 1, Member States may apply less stringent requirements establishing different energy efficiency requirements for the following categories of buildings:

| (a) | buildings officially protected as part of a designated environment, or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would alter their character or appearance unacceptably; |
| --- | --- |

(a)

buildings officially protected as part of a designated environment, or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would alter their character or appearance unacceptably;

| (b) | buildings owned by the armed forces or central government and serving national defence purposes, apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities; |
| --- | --- |

(b)

buildings owned by the armed forces or central government and serving national defence purposes, apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities;

| (c) | buildings used as places of worship and for religious activities. |
| --- | --- |

(c)

buildings used as places of worship and for religious activities.

1b.
     
  In order to front load energy savings and to provide an incentive for early action, a Member State that renovates more than 3 % of the total floor area of its buildings in accordance with paragraph 1 in any year until 31 December 2026 may count the surplus towards the annual renovation rate of any of the following three years. A Member State that renovates more than 3 % of the total floor area of its buildings from 1 January 2027 may count the surplus towards the annual renovation rate of the following two years.

2.   In exceptional cases, Member States may count towards the annual renovation rate of buildings new buildings owned as replacements for specific public bodies’ buildings demolished in any of the two previous years. Such exceptions shall only apply where they would be more cost effective and sustainable in terms of the energy and lifecycle CO2 emissions achieved compared to the renovations of such buildings. The general criteria, methodologies and procedures to identify such exceptional cases shall be clearly set out and published by each Member State.

3.   For the purposes of this Article, Member States shall make publicly available an inventory of heated and/or cooled
  buildings that are owned or occupied by public bodies as referred to in the first and third subparagraphs of paragraph 1 and buildings for social purposes
  with a total useful floor area of more than 250 m2. This inventory shall be
  set up by 30 June 2024, and shall be
  updated at least once a year. 
  It shall be collated in a user-friendly database and linked to the building stock overview done in the framework of the national long-term renovation strategies in accordance with Article 2a of Directive 2010/31/EU and the databases set up pursuant to Article [19] of that Directive [recast EPBD — 2021/0426(COD)].

Where such inventories already exist at local or regional levels, each Member State shall take appropriate measures to facilitate the data collection and processing activities related to its inventory. The inventory shall also enable private actors including ESCOs to take part in renovation solutions. Data about building stock characteristics, building shell performance, technical buildings systems, buildings renovation and energy performance may be aggregated by the EU Building Stock Observatory to ensure a better understanding of the energy performance of the building sector through comparable data.

The inventory shall contain at least the following data:

| (a) | the floor area in m2; |
| --- | --- |

(a)

the floor area in m2;

| (ab) | the annual energy consumption of heat, cooling, electricity and hot water when those data are available; |
| --- | --- |

(ab)

the annual energy consumption of heat, cooling, electricity and hot water when those data are available;

| (b) | the energy performance certificate of each building issued in accordance with
  Article 16 of Directive ... [recast EPBD — 2021/0426(COD)] or, where no energy performance certificate of the building exists, information about the buildings heat source, the energy intensity of the building given in kWh/(m2*y), ventilation and cooling installations and other technical installations shall be provided; |
| --- | --- |

(b)

the energy performance certificate of each building issued in accordance with
  Article 16 of Directive ... [recast EPBD — 2021/0426(COD)] or, where no energy performance certificate of the building exists, information about the buildings heat source, the energy intensity of the building given in kWh/(m2*y), ventilation and cooling installations and other technical installations shall be provided;

| (ba) | the measured energy savings resulting from the renovation of buildings owned or occupied by public bodies and of buildings for social purposes and other energy efficiency actions on those buildings; |
| --- | --- |

(ba)

the measured energy savings resulting from the renovation of buildings owned or occupied by public bodies and of buildings for social purposes and other energy efficiency actions on those buildings;

| (bb) | the age, usage type, typology and location (urban or rural) of the buildings. |
| --- | --- |

(bb)

the age, usage type, typology and location (urban or rural) of the buildings.

In addition to the data referred to in the third subparagraph, Member States shall make their best efforts to include qualitative aspects to their inventories. In particular, they may annex to their inventories a description of the measures related to their engagement strategies in order to ensure the owners and occupiers of the buildings adapt their behaviour to energy savings and to nearly zero-energy buildings’ operational requirements. Such annexes shall be made available in the form of, or be added to pre-existing, resource centres managed by local authorities, which shall be accessible to stakeholders, including policymakers, private social landlords and tenant associations, and managers of private offices.

Article 7

Public procurement

1.   Member States shall ensure that contracting authorities and contracting entities, when concluding public contracts and concessions with a value equal to or greater than the thresholds laid down in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU, purchase only products, services, buildings and works with high energy-efficiency performance,
  duly taking into account the efficient management of financial resources,
  in accordance with the requirements referred to in Annex IV to this Directive.

Member States shall also ensure that in concluding the public contracts and concessions with a value equal to or greater than the thresholds referred to in the first subparagraph, contracting authorities and contracting entities, apply the energy efficiency first principle referred to in Article 3 of this Directive, including for those public contracts and concessions for which no specific requirements are provided in Annex IV.

2.   The obligation referred to in paragraph 1 shall apply to the contracts of the armed forces only to the extent that its application does not cause any conflict with the nature and primary aim of the activities of the armed forces. The obligation shall not apply to contracts for the supply of military equipment as defined by Directive 2009/81/EC of the European Parliament and of the Council (60).

3.   Notwithstanding paragraph 4 of Article 26 of this Directive, Member States shall ensure that contracting authorities and contracting entities assess the feasibility of concluding long-term energy performance contracts that provide long-term energy savings when procuring service contracts with significant energy content.

4.   Without prejudice to paragraph 1, when purchasing a product package fully covered by a delegated act adopted under Regulation (EU) 2017/1369 of the European Parliament and of the Council (61), Member States may require that the aggregate energy efficiency take priority over the energy efficiency of individual products within that package, by purchasing the product package that complies with the criterion of belonging to the highest
  available
  energy efficiency class.

5.   Member States
  shall
  require that contracting authorities and contracting entities take into account, where appropriate, wider sustainability, social, environmental and circular economy aspects in procurement practices
  , in particular for the transport sector,
  with a view to achieving the Union’s decarbonisation and zero pollution objectives. Where appropriate, and in accordance with the requirements laid down in Annex IV, Member States shall require contracting authorities and contracting entities to take into account Union green public procurement criteria.

To ensure transparency in the application of energy efficiency requirements in the procurement process, Member States shall make publicly available information on the energy efficiency impact of contracts with a value equal to or greater than the thresholds referred to in paragraph 1. Contracting authorities
  shall
  require that tenderers disclose information on the life cycle global warming potential of a new building and
  a building to be renovated, including the use of low carbon materials and the circularity of the materials used, and shall
  make that information publically available for the contracts, in particular for new buildings having a floor area larger than 2 000 square meters.

Member States shall support contracting authorities and contracting entities in the uptake of energy efficiency requirements, including at regional and local level, by providing clear rules and guidelines including methodologies on the assessment of lifecycle costs and environment impacts and costs, setting up competence support centres, encouraging cooperation amongst contracting authorities including across borders and using aggregated procurement and digital procurement where possible.

5a.
     
  Where appropriate, the Commission may provide further guidance and tools to national authorities and procurement officials in the application of energy efficiency requirements in the procurement process. Such support may strengthen existing supporting fora (e.g. concerted action) for Member States and assist them in taking the green public procurement criteria into account.

6.   Member States shall establish legal and regulatory provisions, and administrative practices, regarding public purchasing and annual budgeting and accounting, necessary to ensure that individual contracting authorities are not deterred from making investments in improving energy efficiency and from using energy performance contracting and third-party financing mechanisms on a long-term contractual basis.

7.   Member States shall remove any regulatory or non-regulatory barriers to energy efficiency, in particular as regards legal and regulatory provisions, and administrative practices, regarding public purchasing and annual budgeting and accounting, with a view to ensuring that individual public bodies are not deterred from making investments in improving energy efficiency and from using energy performance contracting and third-party financing mechanisms on a long-term contractual basis.

Member States shall report to the Commission on the measures taken to address the barriers to uptake of energy efficiency improvements as part of the integrated national energy and climate progress reports pursuant to Article 17 of Regulation (EU) 2018/1999.

CHAPTER III

CHAPTER III

EFFICIENCY IN ENERGY USE

EFFICIENCY IN ENERGY USE

Article 8

Energy savings obligation

-1.
     
  With a view to ensuring a stable and predictable contribution towards achieving the Union's energy and climate targets for 2030 and the climate neutrality objective for 2050, Member States shall achieve cumulative end-use energy savings in the obligation periods. The first obligation period, which is referred to in paragraph 1, point (a), was from 2014 to 2020. The second obligation period, which is referred to in paragraph 1, points (b) and (c), shall run from 2021 to 2030.

1.   Member States shall achieve cumulative end-use energy savings at least equivalent to:

| (a) | new savings each year from 1 January 2014 to 31 December 2020 of 1,5 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2013. Sales of energy, by volume, used in transport may be excluded, in whole or in part, from that calculation; |
| --- | --- |

(a)

new savings each year from 1 January 2014 to 31 December 2020 of 1,5 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2013. Sales of energy, by volume, used in transport may be excluded, in whole or in part, from that calculation;

| (b) | new savings each year from 1 January 2021 to 31 December 2023 of 0,8 % of annual final energy consumption, averaged over the most recent three-year period prior to 1 January 2019. By way of derogation from that requirement, Cyprus and Malta shall achieve new savings each year from 1 January 2021 to 31 December 2023 equivalent to 0,24 % of annual final energy consumption, averaged over the most recent three-year period prior to 1 January 2019; |
| --- | --- |

(b)

new savings each year from 1 January 2021 to 31 December 2023 of 0,8 % of annual final energy consumption, averaged over the most recent three-year period prior to 1 January 2019. By way of derogation from that requirement, Cyprus and Malta shall achieve new savings each year from 1 January 2021 to 31 December 2023 equivalent to 0,24 % of annual final energy consumption, averaged over the most recent three-year period prior to 1 January 2019;

| (c) | new savings each year from 1 January 2024 to 31 December 2030 of
  2
   % of annual final energy consumption, averaged over the three-year period prior to 1 January 2020. |
| --- | --- |

(c)

new savings each year from 1 January 2024 to 31 December 2030 of
  2
   % of annual final energy consumption, averaged over the three-year period prior to 1 January 2020.

Member States shall decide how to phase the calculated quantity of new savings over each period referred to in points (a), (b) and (c) of the first subparagraph, provided that the required total cumulative end-use energy savings have been achieved by the end of each obligation period.

Member States shall continue to achieve new annual savings in accordance with the savings rate provided in point (c) of the first subparagraph for ten-year periods after 2030.

2.   Member States shall achieve the amount of energy savings required under paragraph 1 of this Article either by establishing an energy efficiency obligation scheme referred to in Article 9 or by adopting alternative policy measures referred to in Article 10. Member States may combine an energy efficiency obligation scheme with alternative policy measures. Member States shall ensure that energy savings resulting from policy measures referred to in Articles 9 and 10 and Article 28(11) are calculated in accordance with Annex V.

3.   Member States shall implement energy efficiency obligation schemes, alternative policy measures, or a combination of both, or programmes or measures financed under an Energy Efficiency National Fund, as a priority among people affected by energy poverty,
  low-income households,
  vulnerable customers and, where applicable, people living in social housing. Member States shall ensure that policy measures implemented pursuant to this Article have no adverse effect on those persons. Where applicable, Member States shall make the best possible use of funding, including public funding, funding facilities established at Union level, and revenues from allowances pursuant to Article 22(3)(b) with the aim of removing adverse effects and ensuring a just and inclusive energy transition.

In order to achieve the amount of energy savings required under paragraph 1,
  Member States shall consider and promote the role of renewable energy communities and citizen energy communities in the contribution to the implementation towards these policy measures.

Member States shall
  establish and
  achieve a 
  minimum
  share of the required amount of cumulative end-use energy savings among people affected by energy poverty,
  low-income households, vulnerable customers and, where applicable, people living in social housing. This share shall at least equal the proportion of households in energy poverty as assessed in their National Energy and Climate Plan established in accordance with Article 3(3)(d) of the Governance Regulation (EU) 2018/1999.
  Member States shall, in their assessment of the share of energy poverty in their National Energy and Climate Plans, consider the indicators referred to in points (a) to (bb) of this subparagraph
  . If a Member State had not notified the share of households in energy poverty as assessed in their National Energy and Climate Plan, the share of the required amount of cumulative end-use energy savings among people affected by energy poverty,
  low-income households,
  vulnerable customers and, where applicable, people living in social housing, shall at least equal the arithmetic average share of the following indicators for the year 2019 or, if not available for 2019, for the linear extrapolation of their values for the last three years that are available:

| a) | Inability to keep home adequately warm (Eurostat, SILC [ilc_mdes01]); |
| --- | --- |

a)

Inability to keep home adequately warm (Eurostat, SILC [ilc_mdes01]);

| b) | Arrears on utility bills (Eurostat, SILC, [ilc_mdes07]); and |
| --- | --- |

b)

Arrears on utility bills (Eurostat, SILC, [ilc_mdes07]); and

| (ba) | total population living in a dwelling with a leaking roof, damp walls, floors or foundation, or rot in window frames or floor (Eurostat, SILC [ilc_mdho01]); |
| --- | --- |

(ba)

total population living in a dwelling with a leaking roof, damp walls, floors or foundation, or rot in window frames or floor (Eurostat, SILC [ilc_mdho01]);

| (bb) | at-risk-of-poverty rate (Eurostat, SILC and ECHP surveys [ilc_li02]) (cutoff point: 60 % of median equivalised income after social transfers. |
| --- | --- |

(bb)

at-risk-of-poverty rate (Eurostat, SILC and ECHP surveys [ilc_li02]) (cutoff point: 60 % of median equivalised income after social transfers.

▌

4.   Member States shall include information about the indicators applied, the arithmetic average share and the outcome of policy measures established in accordance with paragraph 3 of this Article in the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, in their subsequent integrated national energy and climate plans pursuant to Articles 3 and 7 to 12 of Regulation (EU) 2018/1999, and respective progress reports in accordance with Article 17 of that Regulation.

5.   Member States may count energy savings that stem from policy measures, whether introduced by 31 December 2020 or after that date, provided that those measures result in new individual actions that are carried out after 31 December 2020. Energy savings achieved in any obligation period shall not count towards the amount of required energy savings for the previous obligation periods set out in paragraph 1.

6.   Provided that Member States achieve at least their cumulative end-use energy savings obligation referred to in point (b) of the first subparagraph of paragraph 1, they may calculate the required amount of energy savings referred to in point (b) of the first subparagraph of paragraph 1 by one or more of the following means:

| (a) | applying an annual savings rate on energy sales to final customers or on final energy consumption, averaged over the most recent three-year period prior to 1 January 2019; |
| --- | --- |

(a)

applying an annual savings rate on energy sales to final customers or on final energy consumption, averaged over the most recent three-year period prior to 1 January 2019;

| (b) | excluding, in whole or in part, energy used in transport from the calculation baseline; |
| --- | --- |

(b)

excluding, in whole or in part, energy used in transport from the calculation baseline;

| (c) | making use of any of the options set out in paragraph 8. |
| --- | --- |

(c)

making use of any of the options set out in paragraph 8.

7.   Where Member States make use of any of the possibilities provided for in paragraph 6 regarding the required energy savings referred to in point (b) of the first subparagraph of paragraph 1, they shall establish:

| (a) | their own annual savings rate that will be applied in the calculation of their cumulative end-use energy savings, which shall ensure that the final amount of their net energy savings is no lower than those required under point (b) of the first subparagraph of paragraph 1; |
| --- | --- |

(a)

their own annual savings rate that will be applied in the calculation of their cumulative end-use energy savings, which shall ensure that the final amount of their net energy savings is no lower than those required under point (b) of the first subparagraph of paragraph 1;

| (b) | their own calculation baseline, which may exclude, in whole or in part, energy used in transport. |
| --- | --- |

(b)

their own calculation baseline, which may exclude, in whole or in part, energy used in transport.

8.   Subject to paragraph 9, each Member State may:

| (a) | carry out the calculation required under point (a) of the first subparagraph of paragraph 1 using values of 1 % in 2014 and 2015; 1,25 % in 2016 and 2017; and 1,5 % in 2018, 2019 and 2020; |
| --- | --- |

(a)

carry out the calculation required under point (a) of the first subparagraph of paragraph 1 using values of 1 % in 2014 and 2015; 1,25 % in 2016 and 2017; and 1,5 % in 2018, 2019 and 2020;

| (b) | exclude from the calculation all or part of the sales of energy used, by volume, with respect to the obligation period referred to in point (a) of the first subparagraph of paragraph 1, or final energy consumed, with respect to the obligation period referred to in point (b) of that subparagraph, by industrial activities listed in Annex I to Directive 2003/87/EC; |
| --- | --- |

(b)

exclude from the calculation all or part of the sales of energy used, by volume, with respect to the obligation period referred to in point (a) of the first subparagraph of paragraph 1, or final energy consumed, with respect to the obligation period referred to in point (b) of that subparagraph, by industrial activities listed in Annex I to Directive 2003/87/EC;

| (c) | count towards the amount of required energy savings in point (a) and (b) of the first subparagraph of paragraph 1, energy savings achieved in the energy transformation, distribution and transmission sectors, including efficient district heating and cooling infrastructure, as a result of implementing the requirements set out in in Article 23(4), point (a) of Article 24(4), and Article 25(1), (5) to (9) and (11). Member States shall inform the Commission about their intended policy measures under this point for the period from 1 January 2021 to 31 December 2030 as part of their integrated national energy and climate plans. The impact of those measures shall be calculated in accordance with Annex V and included in those plans; |
| --- | --- |

(c)

count towards the amount of required energy savings in point (a) and (b) of the first subparagraph of paragraph 1, energy savings achieved in the energy transformation, distribution and transmission sectors, including efficient district heating and cooling infrastructure, as a result of implementing the requirements set out in in Article 23(4), point (a) of Article 24(4), and Article 25(1), (5) to (9) and (11). Member States shall inform the Commission about their intended policy measures under this point for the period from 1 January 2021 to 31 December 2030 as part of their integrated national energy and climate plans. The impact of those measures shall be calculated in accordance with Annex V and included in those plans;

| (d) | count towards the amount of required energy savings, energy savings resulting from individual actions newly implemented since 31 December 2008 that continue to have an impact in 2020 with respect to the obligation period referred to in point (a) of the first subparagraph of paragraph 1 and beyond 2020 with respect to the period referred to in point (b) of the first subparagraph of paragraph 1, and which can be measured and verified; |
| --- | --- |

(d)

count towards the amount of required energy savings, energy savings resulting from individual actions newly implemented since 31 December 2008 that continue to have an impact in 2020 with respect to the obligation period referred to in point (a) of the first subparagraph of paragraph 1 and beyond 2020 with respect to the period referred to in point (b) of the first subparagraph of paragraph 1, and which can be measured and verified;

| (e) | count towards the amount of required energy savings, energy savings that stem from policy measures, provided that it can be demonstrated that those measures result in individual actions carried out from 1 January 2018 to 31 December 2020 which deliver savings after 31 December 2020; |
| --- | --- |

(e)

count towards the amount of required energy savings, energy savings that stem from policy measures, provided that it can be demonstrated that those measures result in individual actions carried out from 1 January 2018 to 31 December 2020 which deliver savings after 31 December 2020;

| (f) | exclude from the calculation of the amount of required energy savings pursuant to point (a) and (b) of the first subparagraph of paragraph 1, 30 % of the verifiable amount of energy generated on or in buildings for own use as a result of policy measures promoting new installation of renewable energy technologies; |
| --- | --- |

(f)

exclude from the calculation of the amount of required energy savings pursuant to point (a) and (b) of the first subparagraph of paragraph 1, 30 % of the verifiable amount of energy generated on or in buildings for own use as a result of policy measures promoting new installation of renewable energy technologies;

| (g) | count towards the amount of required energy savings pursuant to point (a) and (b) of the first subparagraph of paragraph 1 , energy savings that exceed the energy savings required for the obligation period from 1 January 2014 to 31 December 2020, provided that those savings result from individual actions carried out under policy measures referred to in Articles 9 and 10, notified by Member States in their National Energy Efficiency Action Plans and reported in their progress reports in accordance with Article 24. |
| --- | --- |

(g)

count towards the amount of required energy savings pursuant to point (a) and (b) of the first subparagraph of paragraph 1 , energy savings that exceed the energy savings required for the obligation period from 1 January 2014 to 31 December 2020, provided that those savings result from individual actions carried out under policy measures referred to in Articles 9 and 10, notified by Member States in their National Energy Efficiency Action Plans and reported in their progress reports in accordance with Article 24.

9.   Member States shall apply and calculate the effect of the options chosen under paragraph 8 for the period referred to in points (a) and (b) of the first subparagraph of paragraph 1 separately:

| (a) | for the calculation of the amount of energy savings required for the obligation period referred to in point (a) of the first subparagraph of paragraph 1, Member States may make use of points (a) to (d) of paragraph 8. All the options chosen under paragraph 8 taken together shall amount to no more than 25 % of the amount of energy savings referred to in point (a) of the first subparagraph of paragraph 1; |
| --- | --- |

(a)

for the calculation of the amount of energy savings required for the obligation period referred to in point (a) of the first subparagraph of paragraph 1, Member States may make use of points (a) to (d) of paragraph 8. All the options chosen under paragraph 8 taken together shall amount to no more than 25 % of the amount of energy savings referred to in point (a) of the first subparagraph of paragraph 1;

| (b) | for the calculation of the amount of energy savings required for the obligation period referred to in point (b) the first subparagraph of paragraph 1, Member States may make use of points (b) to (g) of paragraph 8, provided individual actions referred to in point (d) of paragraph 8 continue to have a verifiable and measurable impact after 31 December 2020. All the options chosen under paragraph 8 taken together shall not lead to a reduction of more than 35 % of the amount of energy savings calculated in accordance with paragraphs 6 and 7. |
| --- | --- |

(b)

for the calculation of the amount of energy savings required for the obligation period referred to in point (b) the first subparagraph of paragraph 1, Member States may make use of points (b) to (g) of paragraph 8, provided individual actions referred to in point (d) of paragraph 8 continue to have a verifiable and measurable impact after 31 December 2020. All the options chosen under paragraph 8 taken together shall not lead to a reduction of more than 35 % of the amount of energy savings calculated in accordance with paragraphs 6 and 7.

Regardless of whether Member States exclude, in whole or in part, energy used in transport from their calculation baseline or make use of any of the options listed in paragraph 8, they shall ensure that the calculated net amount of new savings to be achieved in final energy consumption during the obligation period referred to in point (b) of the first subparagraph of paragraph 1 from 1 January 2021 to 31 December 2023 is not lower than the amount resulting from applying the annual savings rate referred to in point (b) of the first subparagraph of paragraph 1.

10.   Member States shall describe in the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, in their subsequent integrated national energy and climate plans pursuant to Articles 3 and 7 to 12 of Regulation (EU) 2018/1999 and in accordance with Annex III to Regulation (EU) 2018/1999, and respective progress reports the calculation of the amount of energy savings to be achieved over the period from 1 January 2021 to 31 December 2030 and shall, if relevant, explain how the annual savings rate and the calculation baseline were established, and how and to what extent the options referred to in paragraph 8 of this Article were applied.

11.   Member States shall notify the Commission with the amount of the required energy savings referred to in point (c) of the first subparagraph of paragraph 1 and paragraph 3 of this Article, a description of the policy measures to be implemented to achieve the required total amount of the cumulative end-use energy savings and their calculation methodologies pursuant to Annex V of this Directive, as part of the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure pursuant to Articles 3 and 7 to 12 of Regulation (EU) 2018/1999. Member States shall use the reporting template provided to the Member States by the Commission.

12.   Where on the basis of the assessment of the integrated national energy and climate progress reports pursuant to Article 29 of Regulation (EU) 2018/1999, or of the draft or final update of the latest notified integrated national energy and climate plan pursuant to Article 14 of Regulation (EU) 2018/1999, or the assessment of the subsequent draft and final integrated national energy and climate plans pursuant to Article 3 and 7 to 12 of Regulation (EU) 2018/1999, the Commission concludes that policy measures do not ensure the achievement of the required amount of cumulative end-use energy savings by the end of the obligation period, the Commission may issue recommendations in accordance with Article 34 of Regulation (EU) 2018/1999 to the Member States whose policy measures it deems insufficient to ensure the fulfilment of their energy savings obligations.

13.   Where a Member State has not achieved the required cumulative end-use energy savings by the end of each obligation period set out in paragraph 1 of this Article, it shall achieve the outstanding energy savings in addition to the cumulative end-use energy savings required by the end of the following obligation period.

14.   As part of their updates of national energy and climate plans and respective progress reports, and their subsequent integrated national energy and climate plans and notified pursuant to Regulation (EU) 2018/1999 Member States shall demonstrate including, where appropriate, evidence and calculations:

| (a) | that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of energy savings; |
| --- | --- |

(a)

that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of energy savings;

| (b) | how energy savings achieved pursuant to points (b) and (c) of the first subparagraph of paragraph 1 contribute to the achievement of their national contribution pursuant to Article 4; |
| --- | --- |

(b)

how energy savings achieved pursuant to points (b) and (c) of the first subparagraph of paragraph 1 contribute to the achievement of their national contribution pursuant to Article 4;

| (c) | that policy measures are established for fulfilling their energy savings obligation, designed in compliance with the requirements of this Article and that those policy measures are eligible and appropriate to ensure the achievement of the required amount of cumulative end-use energy savings by the end of each obligation period. |
| --- | --- |

(c)

that policy measures are established for fulfilling their energy savings obligation, designed in compliance with the requirements of this Article and that those policy measures are eligible and appropriate to ensure the achievement of the required amount of cumulative end-use energy savings by the end of each obligation period.

Article 9

Energy efficiency obligation schemes

1.   Where Member States decide to fulfil their obligations to achieve the amount of savings required under Article 8(1) by way of an energy efficiency obligation scheme, they shall ensure that obligated parties as referred to in paragraph 2 of this Article operating in each Member State's territory achieve, without prejudice to Article 8(8) and (9), their cumulative end-use energy savings requirement as set out in Article 8(1).

Where applicable, Member States may decide that obligated parties fulfil those savings, in whole or in part, as a contribution to the Energy Efficiency National Fund in accordance with Article 28(11).

2.   Member States shall designate, on the basis of objective and non-discriminatory criteria, obligated parties among transmission
  system operators, distribution
  system operators, energy distributors, retail energy sales companies and transport fuel distributors or transport fuel retailers operating in their territory. The amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 8(1) or, if Member States so decide, through certified savings stemming from other parties as described in point (a) of paragraph 10 of this Article.

3.   Where retail energy sales companies are designated as obligated parties under paragraph 2, Member States shall ensure that, in fulfilling their obligation, retail energy sales companies do not create any barriers that impede consumers from switching from one supplier to another.

4.   Member States
  shall encourage
  obligated parties to achieve a share of their energy savings obligation among people affected by energy poverty, vulnerable customers
  and low-income households
  and, where applicable, people living in social housing. Member States may also require obligated parties to achieve energy cost reduction targets and to achieve energy savings by promoting energy efficiency improvement measures, including financial support measures mitigating carbon price effects on SMEs and
  microenterprises
  .

5.   Member States
  shall
  require obligated parties to work with
  regional and
  local authorities or municipalities
  , and engage with social services and civil society organisations in order to set up an engagement platform dedicated to energy poverty alleviation,
  to promote energy efficiency improvement measures among people affected by energy poverty, vulnerable customers
  and low-income households
  and, where applicable, people living in social housing. This includes identifying and addressing the specific needs of particular groups at risk of energy poverty or more susceptible to its effects. To protect people affected by energy poverty vulnerable customers and, where applicable, people living in social housing, Member States shall encourage obligated parties to carry out actions such as renovation of buildings, including social housing, replacement of appliances, financial support and incentives for energy efficiency improvement measures in conformity with national financing and support schemes, or energy audits.

6.   Member States shall require obligated parties to report on an annual basis on the energy savings achieved by the obligated parties from actions promoted among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing, and shall require aggregated statistical information on their final customers (identifying changes in energy savings to previously submitted information) and regarding technical and financial support provided.

7.   Member States shall express the amount of energy savings required of each obligated party in terms of either final or primary energy consumption. The method chosen to express the amount of energy savings required shall also be used to calculate the savings claimed by obligated parties. When converting the amount of energy savings, the net calorific values set out in Annex VI of Commission Implementing Regulation (EU) 2018/2066 (62) and the primary energy factor pursuant to Article 29 shall apply unless the use of other conversion factors can be justified.

8.   Member States shall establish measurement, control and verification systems for carrying out documented verification on at least a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the obligated parties. The measurement, control and verification shall be carried out independently of the obligated parties. [Where an entity is an obligated party under a national energy efficiency obligation scheme under Article 9 and under the EU Emissions Trading System to buildings and road transport [COM(2021)0551, 2021/0211(COD) (63)], the monitoring and verification system shall ensure that the carbon price passed through when releasing fuel for consumption [according to Article 1(21) of COM(2021)0551, 2021/0211(COD)] shall be taken into account in the calculation and reporting of energy savings of the entity’s energy saving measures.]

9.   Member States shall inform the Commission, as part of the integrated national energy and climate progress reports pursuant to Article 17 of Regulation (EU) 2018/1999, on the measurement, control and verification systems put in place, including but not limited to methods used, issues identified and how they were addressed.

10.   Within the energy efficiency obligation scheme, Member States may authorise obligated parties to carry out the following:

| (a) | to count towards their obligation certified energy savings achieved by energy service providers or other third parties, including when obligated parties promote measures through other State-approved bodies or through public authorities that may involve formal partnerships and may be in combination with other sources of finance. Where Member States so permit, they shall ensure that the certification of energy savings follows an approval process that is put in place in the Member States, that is clear, transparent, and open to all market participants, and that aims to minimise the costs of certification; |
| --- | --- |

(a)

to count towards their obligation certified energy savings achieved by energy service providers or other third parties, including when obligated parties promote measures through other State-approved bodies or through public authorities that may involve formal partnerships and may be in combination with other sources of finance. Where Member States so permit, they shall ensure that the certification of energy savings follows an approval process that is put in place in the Member States, that is clear, transparent, and open to all market participants, and that aims to minimise the costs of certification;

| (b) | to count savings obtained in a given year as if they had instead been obtained in any of the four previous or three following years as long as this is not beyond the end of the obligation periods set out in Article 8(1). |
| --- | --- |

(b)

to count savings obtained in a given year as if they had instead been obtained in any of the four previous or three following years as long as this is not beyond the end of the obligation periods set out in Article 8(1).

Member States shall assess and, if appropriate, take measures to minimise the impact of the direct and indirect costs of energy efficiency obligation schemes on the competitiveness of energy-intensive industries exposed to international competition.

11.   Member States shall, on an annual basis, publish the energy savings achieved by each obligated party, or each sub-category of obligated party, and in total under the scheme.

Article 10

Alternative policy measures

1.   Where Member States decide to fulfil their obligations to achieve the savings required under Article 8(1) by way of alternative policy measures, they shall ensure, without prejudice to Article 8(8) and (9), that the energy savings required under Article 8(1) are achieved among final customers.

2.   For all measures other than those relating to taxation, Member States shall put in place measurement, control and verification systems under which documented verification is carried out on at least a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the participating or entrusted parties. The measurement, control and verification shall be carried out independently of the participating or entrusted parties.

3.   Member States shall inform the Commission, as part of the integrated national energy and climate progress reports pursuant to Article 17 of Regulation (EU) 2018/1999, on the measurement, control and verification systems put in place, including but not limited to methods used, issues identified and how they were addressed.

4.   When reporting a taxation measure,
  including parafiscal charges or levies,
  Member States shall demonstrate
  that they were designed with the purpose to generate energy savings and
  how the effectiveness of the price signal, such as tax rate and visibility over time, has been ensured in the design of the taxation measure. Where there is a decrease in the tax rate, Member States shall justify how the taxation measures still result in new energy savings.

Article 11

Energy management systems and energy audits

1.   Member States shall ensure that enterprises
  implement an energy management system, where their average annual energy consumption over the previous three years, taking all energy carriers together, is:

| (a) | higher than 100 TJ, from 1 January 2024; |
| --- | --- |

(a)

higher than 100 TJ, from 1 January 2024;

| (b) | higher than 70 TJ, from 1 January 2027. |
| --- | --- |

(b)

higher than 70 TJ, from 1 January 2027.

The energy management system shall be certified by an independent body according to the relevant European or international standards.

2.   Member States shall ensure that enterprises ▌that do not implement an energy management system are subject to an energy audit,
  where their average annual energy consumption over the previous three years, taking all energy carriers together, is:

| (a) | higher than 10 TJ, from 1 January 2024; |
| --- | --- |

(a)

higher than 10 TJ, from 1 January 2024;

| (b) | higher than 6 TJ, from 1 January 2027. |
| --- | --- |

(b)

higher than 6 TJ, from 1 January 2027.

Energy audits shall be carried out
  according to the relevant European or international standards
  in an independent and cost-effective manner by qualified or accredited
  sector specific
  experts
  or accredited independent bodies
  in accordance with requirements provided in Article 26 or implemented and supervised by independent authorities under national legislation. Energy audits shall be carried out at least every four years from the date of the previous energy audit.

The results of the energy audits including the recommendations from these audits shall
  result in concrete and feasible implementation plans indicating the cost and payback period for each recommended energy efficiency action and shall
  be transmitted to the management of the enterprise.
  Member States shall ensure that the implementation of the recommendations is mandatory, with the exception of those where the payback period is longer than three years.
  Member States shall ensure that the results and the implemented recommendations are published in the enterprise’s annual report,
  and made public available, except information subject to national laws protecting trade and business secrets and confidentiality
  .

2a.
     
  Member States may encourage all eligible companies to provide the following information in their annual report:

| (a) | information on the yearly energy consumption in kWh; |
| --- | --- |

(a)

information on the yearly energy consumption in kWh;

| (b) | information on the yearly volume of water consumed in cubic metres; |
| --- | --- |

(b)

information on the yearly volume of water consumed in cubic metres;

| (c) | comparisons of the yearly energy and water consumption with previous years of the same facility. |
| --- | --- |

(c)

comparisons of the yearly energy and water consumption with previous years of the same facility.

3.   Member States shall promote the availability to all final customers of high quality energy audits which are cost-effective and:

| (a) | carried out in an independent manner by qualified and/or accredited experts according to qualification criteria; or |
| --- | --- |

(a)

carried out in an independent manner by qualified and/or accredited experts according to qualification criteria; or

| (b) | implemented and supervised by independent authorities under national legislation. |
| --- | --- |

(b)

implemented and supervised by independent authorities under national legislation.

The energy audits referred to in the first subparagraph may be carried out by in-house experts or energy auditors provided that the Member State concerned has put in place
  safeguards to ensure their ability to carry out audits in an independent manner as well as
  a scheme to assure and check their quality, including, if appropriate, an annual random selection of at least a statistically significant percentage of all the energy audits they carry out.

For the purpose of guaranteeing the high quality of the energy audits and energy management systems, Member States shall establish transparent and non-discriminatory minimum criteria for energy audits based on Annex VI
  and specified in European and international standards
  . Member States shall ensure that quality checks are carried out to ensure the validity and accuracy of energy audits.

Energy audits shall not include clauses preventing the findings of the audit from being transferred to any qualified/accredited energy service provider, on condition that the customer does not object.

4.   Member States shall develop programmes
  with the aim of encouraging and providing technical support to
  SMEs that are not subject to paragraph 1 or 2 to undergo energy audits and the subsequent implementation of the recommendations from these audits
  complying with the minimum criteria set out in Annex VI
  .

On the basis of transparent and non-discriminatory criteria and without prejudice to Union State aid law, Member States
  shall
  set up
  mechanisms such as energy audit centres for SMEs and microenterprises, where these are not in competition with private auditors, to provide subsidised energy audits, as well as other
  support schemes for SMEs, including if they have concluded voluntary agreements, to cover costs of an energy audit and of the implementation of highly cost-effective recommendations from the energy audits, if the proposed measures are implemented.

Member States shall support and provide incentives for the implementation of the recommendations by means of technical and financial support, which shall not be accounted under the maximum amount of de minimis aid to enterprises, easier access to finance, with a special attention to SMEs and those companies that implement recommendations with the highest decarbonisation impact in terms of energy efficiency.

Member States shall bring to the attention of SMEs, including through their respective representative intermediary organisations, concrete examples of how energy management systems could help their businesses. The Commission shall assist Member States by supporting the exchange of best practices in this domain.

4a.
     
  For the purpose of paragraph 4, Member States shall ensure that the programmes include:

| (a) | integration of energy management systems involving the management of the enterprise, including financial incentives with the commitment of the enterprise to uptake the energy efficiency measures identified; |
| --- | --- |

(a)

integration of energy management systems involving the management of the enterprise, including financial incentives with the commitment of the enterprise to uptake the energy efficiency measures identified;

| (b) | support to SMEs in quantifying the multiple benefits of energy efficiency measures within their operations; |
| --- | --- |

(b)

support to SMEs in quantifying the multiple benefits of energy efficiency measures within their operations;

| (c) | development of company-specific energy efficiency roadmaps developed in an interactive process, with a prioritisation of goals, measures, financial and technological options; |
| --- | --- |

(c)

development of company-specific energy efficiency roadmaps developed in an interactive process, with a prioritisation of goals, measures, financial and technological options;

| (d) | development of energy transition networks of SMEs, facilitated by independent facilitators; |
| --- | --- |

(d)

development of energy transition networks of SMEs, facilitated by independent facilitators;

| (e) | support mechanisms for such networks for the deployment of energy audits or energy management systems. |
| --- | --- |

(e)

support mechanisms for such networks for the deployment of energy audits or energy management systems.

5.   Member States shall develop programmes to encourage non-SMEs that are not subject to paragraph 1 or 2 to undergo energy audits and the subsequent implementation of the recommendations from these audits
  complying with the minimum criteria set out in Annex VI
  .

6.   Energy audits shall be considered as fulfilling the requirements of paragraph 2 when they are carried out in an independent manner, on the basis of minimum criteria based on Annex VI, and implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the Member State concerned, or other bodies to which the competent authorities have delegated the responsibility concerned, or by the Commission.

Access of market participants offering energy services shall be based on transparent and non-discriminatory criteria.

7.   Enterprises that implement an energy performance contract shall be
  considered to fulfil
  the requirements of paragraphs 1 and 2 provided that the energy performance contract
  covers the necessary elements of the energy management system and
  complies with the requirements set out in Annex XIV.

8.   Enterprises that implement an environmental management system — certified by an independent body according to the relevant European or international standards — shall be
  considered to fulfil
  the requirements of paragraphs 1 and 2, provided that the environmental management system concerned includes an energy audit on the basis of the minimum criteria based on Annex VI.

9.   Energy audits may stand alone or be part of a broader environmental audit. Member States may require that an assessment of the technical and economic feasibility of connection to an existing or planned district heating or cooling network shall be part of the energy audit.

Without prejudice to Union State aid law, Member States may implement incentive and support schemes for the implementation of recommendations from energy audits and similar measures.

9a.
     
  Member States shall promote the implementation of energy management systems and energy audits within the public administration at national, regional and local level.

▌

Article 11a

Data centres

1.   
  By 15 March 2024 and annually thereafter, Member States shall require owners and operators of every data centre in their territory with an installed IT power demand of at least 100 kW, in particular in the ICT sector, to make the information set out in Annex VIa publicly available on the basis of a harmonised format.

2.
     
  Member States shall submit the information that they have collated pursuant to paragraph 1 to the Commission without delay. The information shall be made public through a database established and operated by the Commission.

3.
     
  The Commission shall adopt guidelines on monitoring and publishing the energy performance of data centres in accordance with Annex VIa. Those guidelines shall contain harmonised definitions for each item of information as well as a uniform measurement methodology, reporting guidelines and a harmonised template for the transfer of the information to allow for consistent reporting across all Member States.

4.
     
  Member States shall encourage owners and operators of every data centre in their territory with an installed IT power demand equal to or greater than 1 MW to take into account the best practices referred to in the most recent version of the European Code of Conduct on Data Centre Energy Efficiency, or in CEN-CENELEC document CLC TR50600-99-1 ‘Data centre facilities and infrastructures — Part 99-1: Recommended practices for energy management’, until the entry into force of the delegated act adopted pursuant to Article 31(3) of this Directive.

5.   
  By 15 March 2025, the Commission shall assess the available data on the energy efficiency of data centres submitted to it by the Member States pursuant to paragraph 2 and shall submit a report to the European Parliament and the Council. The report shall be accompanied, if appropriate, by a proposal on further measures to improve energy efficiency, including on establishing minimum performance standards and an assessment on the feasibility of transition towards net-zero emission centres, in close consultation with the relevant stakeholders. Such a proposal may establish a timeframe within which existing data centres are to be required to meet minimum performance standards.

Article 12

Metering for natural gas

1.   Member States shall ensure that, in so far as it is technically possible, financially reasonable, and proportionate to the potential energy savings, for natural gas final customers are provided with competitively priced individual meters that accurately reflect the final customer's actual energy consumption and that provide information on actual time of use.

Such a competitively priced individual meter shall always be provided when:

| (a) | an existing meter is replaced, unless this is technically impossible or not cost-effective in relation to the estimated potential savings in the long term; |
| --- | --- |

(a)

an existing meter is replaced, unless this is technically impossible or not cost-effective in relation to the estimated potential savings in the long term;

| (b) | a new connection is made in a new building or a building undergoes major renovations, as set out in Directive 2010/31/EU. |
| --- | --- |

(b)

a new connection is made in a new building or a building undergoes major renovations, as set out in Directive 2010/31/EU.

2.   Where, and to the extent that, Member States implement intelligent metering systems and roll out smart meters for natural gas in accordance with Directive 2009/73/EC:

| (a) | they shall ensure that the metering systems provide to final customers information on actual time of use and that the objectives of energy efficiency and benefits for final customers are fully taken into account when establishing the minimum functionalities of the meters and the obligations imposed on market participants; |
| --- | --- |

(a)

they shall ensure that the metering systems provide to final customers information on actual time of use and that the objectives of energy efficiency and benefits for final customers are fully taken into account when establishing the minimum functionalities of the meters and the obligations imposed on market participants;

| (b) | they shall ensure the security of the smart meters and data communication, and the privacy of final customers, in compliance with relevant Union data protection and privacy legislation; |
| --- | --- |

(b)

they shall ensure the security of the smart meters and data communication, and the privacy of final customers, in compliance with relevant Union data protection and privacy legislation;

| (c) | they shall require that appropriate advice and information be given to customers at the time of installation of smart meters, in particular about their full potential with regard to meter reading management and the monitoring of energy consumption. |
| --- | --- |

(c)

they shall require that appropriate advice and information be given to customers at the time of installation of smart meters, in particular about their full potential with regard to meter reading management and the monitoring of energy consumption.

Article 13

Metering for heating, cooling and domestic hot water

1.   Member States shall ensure that, for district heating, district cooling and domestic hot water, final customers are provided with competitively priced meters that accurately reflect their actual energy consumption.

2.   Where heating, cooling or domestic hot water is supplied to a building from a central source that services multiple buildings or from a district heating or district cooling system, a meter shall be installed at the heat exchanger or point of delivery.

Article 14

Sub-metering and cost allocation for heating, cooling and domestic hot water

1.   In multi-apartment and multi-purpose buildings with a central heating or central cooling source or supplied from a district heating or district cooling system, individual meters shall be installed to measure the consumption of heating, cooling or domestic hot water for each building unit, where technically feasible and cost effective in terms of being proportionate in relation to the potential energy savings.

Where the use of individual meters is not technically feasible or where it is not cost-efficient to measure heat consumption in each building unit, individual heat cost allocators shall be used to measure heat consumption at each radiator unless it is shown by the Member State in question that the installation of such heat cost allocators would not be cost-efficient. In those cases, alternative cost-efficient methods of heat consumption measurement may be considered. The general criteria, methodologies and/or procedures to determine technical non-feasibility and non-cost effectiveness shall be clearly set out and published by each Member State.

2.   In new multi-apartment buildings and in residential parts of new multi-purpose buildings that are equipped with a central heating source for domestic hot water or are supplied from district heating systems, individual meters shall, notwithstanding the first subparagraph of paragraph 1, be provided for domestic hot water.

3.   Where multi-apartment or multi-purpose buildings are supplied from district heating or district cooling, or where own common heating or cooling systems for such buildings are prevalent, Member States shall ensure they have in place transparent, publicly available national rules on the allocation of the cost of heating, cooling and domestic hot water consumption in such buildings to ensure transparency and accuracy of accounting for individual consumption. Where appropriate, such rules shall include guidelines on the manner in which to allocate cost for energy that is used as follows:

| (a) | domestic hot water; |
| --- | --- |

(a)

domestic hot water;

| (b) | heat radiated from the building installation and for the purpose of heating the common areas, where staircases and corridors are equipped with radiators; |
| --- | --- |

(b)

heat radiated from the building installation and for the purpose of heating the common areas, where staircases and corridors are equipped with radiators;

| (c) | for the purpose of heating or cooling apartments. |
| --- | --- |

(c)

for the purpose of heating or cooling apartments.

Article 15

Remote reading requirement

1.   For the purposes of Articles 13 and 14, newly installed meters and heat cost allocators shall be remotely readable devices. The conditions of technical feasibility and cost effectiveness set out in Article 14(1) shall apply.

2.   Meters and heat cost allocators which are not remotely readable but which have already been installed shall be rendered remotely readable or replaced with remotely readable devices by 1 January 2027, save where the Member State in question shows that this is not cost-efficient.

Article 16

Billing information for natural gas

1.   Where final customers do not have smart meters as referred to in Directive 2009/73/EC, Member States shall ensure that billing information for natural gas is reliable, accurate and based on actual consumption, in accordance with point 1.1 of Annex VII, where that is technically possible and economically justified.

This obligation may be fulfilled by a system of regular self-reading by the final customers whereby they communicate readings from their meter to the energy supplier. Only when the final customer has not provided a meter reading for a given billing interval shall billing be based on estimated consumption or a flat rate.

2.   Meters installed in accordance with Directive 2009/73/EC shall enable the provision of accurate billing information based on actual consumption. Member States shall ensure that final customers have the possibility of easy access to complementary information on historical consumption allowing detailed self-checks.

Complementary information on historical consumption shall include:

| (a) | cumulative data for at least the three previous years or the period since the start of the supply contract if this is shorter. The data shall correspond to the intervals for which frequent billing information has been produced; |
| --- | --- |

(a)

cumulative data for at least the three previous years or the period since the start of the supply contract if this is shorter. The data shall correspond to the intervals for which frequent billing information has been produced;

| (b) | detailed data according to the time of use for any day, week, month and year. These data shall be made available to the final customer via the internet or the meter interface for the period of at least the previous 24 months or the period since the start of the supply contract if this is shorter. |
| --- | --- |

(b)

detailed data according to the time of use for any day, week, month and year. These data shall be made available to the final customer via the internet or the meter interface for the period of at least the previous 24 months or the period since the start of the supply contract if this is shorter.

3.   Independently of whether smart meters have been installed or not, Member States:

| (a) | shall require that, to the extent that information on the energy billing and historical consumption of final customers is available, it be made available, at the request of the final customer, to an energy service provider designated by the final customer; |
| --- | --- |

(a)

shall require that, to the extent that information on the energy billing and historical consumption of final customers is available, it be made available, at the request of the final customer, to an energy service provider designated by the final customer;

| (b) | shall ensure that final customers are offered the option of electronic billing information and bills and that they receive, on request, a clear and understandable explanation of how their bill was derived, especially where bills are not based on actual consumption; |
| --- | --- |

(b)

shall ensure that final customers are offered the option of electronic billing information and bills and that they receive, on request, a clear and understandable explanation of how their bill was derived, especially where bills are not based on actual consumption;

| (c) | shall ensure that appropriate information is made available with the bill to provide final customers with a comprehensive account of current energy costs, in accordance with Annex VII; |
| --- | --- |

(c)

shall ensure that appropriate information is made available with the bill to provide final customers with a comprehensive account of current energy costs, in accordance with Annex VII;

| (d) | may lay down that, at the request of the final customer, the information contained in these bills shall not be considered to constitute a request for payment. In such cases, Member States shall ensure that suppliers of energy sources offer flexible arrangements for actual payments; |
| --- | --- |

(d)

may lay down that, at the request of the final customer, the information contained in these bills shall not be considered to constitute a request for payment. In such cases, Member States shall ensure that suppliers of energy sources offer flexible arrangements for actual payments;

| (e) | shall require that information and estimates for energy costs are provided to consumers on demand in a timely manner and in an easily understandable format enabling consumers to compare deals on a like-for-like basis. |
| --- | --- |

(e)

shall require that information and estimates for energy costs are provided to consumers on demand in a timely manner and in an easily understandable format enabling consumers to compare deals on a like-for-like basis.

Article 17

Billing and consumption information for heating, cooling and domestic hot water

1.   Where meters or heat cost allocators are installed, Member States shall ensure that billing and consumption information is reliable, accurate and based on actual consumption or heat cost allocator readings, in accordance with points 1 and 2 of Annex VIII for all final users.

This obligation may, where a Member State so provides, save in the case of sub-metered consumption based on heat cost allocators under Article 14, be fulfilled by a system of regular self-reading by the final customer or final user whereby they communicate readings from their meter. Only where the final customer or final user has not provided a meter reading for a given billing interval shall billing be based on estimated consumption or a flat rate.

2.   Member States shall:

| (a) | require that, if information on the energy billing and historical consumption or heat cost allocator readings of final users is available, it be made available upon request by the final user, to an energy service provider designated by the final user; |
| --- | --- |

(a)

require that, if information on the energy billing and historical consumption or heat cost allocator readings of final users is available, it be made available upon request by the final user, to an energy service provider designated by the final user;

| (b) | ensure that final customers are offered the option of electronic billing information and bills; |
| --- | --- |

(b)

ensure that final customers are offered the option of electronic billing information and bills;

| (c) | ensure that clear and comprehensible information is provided with the bill to all final users in accordance with point 3 of Annex VIII; |
| --- | --- |

(c)

ensure that clear and comprehensible information is provided with the bill to all final users in accordance with point 3 of Annex VIII;

| (d) | promote cybersecurity and ensure the privacy and data protection of final users in accordance with applicable Union law. |
| --- | --- |

(d)

promote cybersecurity and ensure the privacy and data protection of final users in accordance with applicable Union law.

Member States may provide that, at the request of the final customer, the provision of billing information shall not be considered to constitute a request for payment. In such cases, Member States shall ensure that flexible arrangements for actual payment are offered.

3.   Member States shall decide who is to be responsible for providing the information referred to in paragraphs 1 and 2 to final users without a direct or individual contract with an energy supplier.

Article 18

Cost of access to metering and billing information for natural gas

Member States shall ensure that final customers receive all their bills and billing information for energy consumption free of charge and that final customers have access to their consumption data in an appropriate way and free of charge.

Article 19

Cost of access to metering and billing and consumption information for heating, cooling and domestic hot water

1.   Member States shall ensure that final users receive all their bills and billing information for energy consumption free of charge and that final users have access to their consumption data in an appropriate way and free of charge.

2.   Notwithstanding paragraph 1 of this Article, the distribution of costs of billing information for the individual consumption of heating, cooling and domestic hot water in multi-apartment and multi-purpose buildings pursuant to Article 14 shall be carried out on a non-profit basis. Costs resulting from the assignment of that task to a third party, such as a service provider or the local energy supplier, covering the measuring, allocation and accounting for actual individual consumption in such buildings, may be passed onto the final users to the extent that such costs are reasonable.

3.   In order to ensure reasonable costs for sub-metering services as referred to in paragraph 2, Member States may stimulate competition in that service sector by taking appropriate measures, such as recommending or otherwise promoting the use of tendering and/or the use of interoperable devices and systems facilitating switching between service providers.

CHAPTER IV

CHAPTER IV

CONSUMER INFORMATION AND EMPOWERMENT

CONSUMER INFORMATION AND EMPOWERMENT

Article 20

Basic contractual rights for heating, cooling and domestic hot water

1.   Without prejudice to Union rules on consumer protection, in particular Directive 2011/83/EU of the European Parliament and of the Council (64) and Council Directive 93/13/EEC (65), Member States shall ensure that final customers and, where explicitly referred to, final users are granted the rights provided for in paragraphs 2 to 8 of this Article.

2.   Final customers shall have the right to a contract with their supplier that specifies:

| (a) | the identity and address of the supplier; |
| --- | --- |

(a)

the identity and address of the supplier;

| (b) | the services provided and the service quality levels offered; |
| --- | --- |

(b)

the services provided and the service quality levels offered;

| (c) | the types of maintenance service offered; |
| --- | --- |

(c)

the types of maintenance service offered;

| (d) | the means by which up-to-date information on all applicable tariffs, maintenance charges and bundled products or services may be obtained; |
| --- | --- |

(d)

the means by which up-to-date information on all applicable tariffs, maintenance charges and bundled products or services may be obtained;

| (e) | the duration of the contract, the conditions for renewal and termination of the contract and services, including products or services that are bundled with those services, and whether terminating the contract without charge is permitted; |
| --- | --- |

(e)

the duration of the contract, the conditions for renewal and termination of the contract and services, including products or services that are bundled with those services, and whether terminating the contract without charge is permitted;

| (f) | any compensation and the refund arrangements which apply if contracted service quality levels are not met, including inaccurate or delayed billing; |
| --- | --- |

(f)

any compensation and the refund arrangements which apply if contracted service quality levels are not met, including inaccurate or delayed billing;

| (g) | the method of initiating an out-of-court dispute settlement procedure in accordance with Article 21; |
| --- | --- |

(g)

the method of initiating an out-of-court dispute settlement procedure in accordance with Article 21;

| (h) | information relating to consumer rights, including information on complaint handling and all of the information referred to in this paragraph, which is clearly communicated on the bill or the undertaking's web site
  and includes the contact details or link to the web site of the single point of contact referred to in Article 21
  . |
| --- | --- |

(h)

information relating to consumer rights, including information on complaint handling and all of the information referred to in this paragraph, which is clearly communicated on the bill or the undertaking's web site
  and includes the contact details or link to the web site of the single point of contact referred to in Article 21
  .

Conditions shall be fair and known in advance. In any case, this information shall be provided prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information relating to the matters set out in this paragraph shall also be provided prior to the conclusion of the contract.

Final customers and final users shall be provided with a summary of the key contractual conditions in a comprehensible manner and in concise and simple language.

2a.
     
  Suppliers shall provide final customers and final users with a copy of the contract, transparent information on applicable prices and tariffs and on standard terms and conditions in respect of access to and use of heating, cooling and domestic hot water services.

3.   Final customers shall be given adequate notice of any intention to modify contractual conditions. Suppliers shall notify their final customers, in a transparent and comprehensible manner, directly of any adjustment in the supply price and of the reasons and preconditions for the adjustment and its scope, at an appropriate time no later than two weeks, or no later than one month in the case of household customers, before the adjustment comes into effect.
  Final customers shall be informed of their right to terminate a contract if they do not accept the new contractual conditions or adjustments in the price notified to them by the supplier in accordance to the contract. Final customers shall inform final users of the intended contractual changes without delay.

4.   Suppliers shall offer final customers a wide choice of payment methods. Such payment methods shall not unduly discriminate between customers. Any difference in charges related to payment methods or prepayment systems shall be objective, non-discriminatory and proportionate and shall not exceed the direct costs borne by the payee for the use of a specific payment method or a prepayment system, in line with Article 62 of Directive (EU) 2015/2366 of the European Parliament and of the Council (66).

5.   Pursuant to paragraph 6, household customers who have access to prepayment systems shall not be placed at a disadvantage by the prepayment systems.

6.   Suppliers shall offer final customers and
  , where applicable,
  final users fair and transparent general terms and conditions, which shall be provided in plain and unambiguous language and shall not include non-contractual barriers to the exercise of customers' rights, such as excessive contractual documentation. Final users shall be provided access to these general terms and conditions upon request. Final customers and final users shall be protected against unfair or misleading selling methods. Final customers with disabilities shall be provided all relevant information on their contract with their supplier in accessible formats.

7.   Final customers and final users shall have the right to a good standard of service and complaint handling by their suppliers. Suppliers shall handle complaints in a simple, fair and prompt manner.

7a.
     
  Competent authorities responsible for the enforcement of the consumer protection measures laid down in this Directive shall be independent from market interests and shall be able to take administrative decisions.

Article 21

Information and awareness raising

1.   Member States,
  in cooperation with regional and local authorities,
  shall ensure that information on available energy efficiency improvement measures, individual actions and financial and legal frameworks is transparent,
  accessible
  and widely disseminated to all relevant market actors, such as final customers, final users, consumer organisations, civil society representatives, renewable energy communities, citizen energy communities, local and regional authorities, energy agencies, social service providers, builders, architects, engineers, environmental and energy auditors, and installers of building elements as defined in by Article 2(9) of Directive 2010/31/EU.

2.   Member States shall take appropriate measures to promote and facilitate an efficient use of energy by final customers and final users. These measures shall be part of a national strategy such as the integrated national energy and climate plan in accordance with Regulation (EU) 2018/1999, or the long term renovation strategy as defined in
  Directive ... [recast EPBD — 2021/0426(COD)]
  .

For the purposes of this Article, these measures shall include a range of instruments and policies to promote behavioural change such as:

| (i) | fiscal incentives; |
| --- | --- |

(i)

fiscal incentives;

| (ii) | access to finance, vouchers, grants or subsidies; |
| --- | --- |

(ii)

access to finance, vouchers, grants or subsidies;

| (ii a) | the availability of publicly-supported energy audits and tailored-made advisory services and support for household consumers, in particular vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing; |
| --- | --- |

(ii a)

the availability of publicly-supported energy audits and tailored-made advisory services and support for household consumers, in particular vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing;

| (ii b) | tailored-made advisory services for SMEs and microenterprises; |
| --- | --- |

(ii b)

tailored-made advisory services for SMEs and microenterprises;

| (iii) | information provision in accessible form to people with disabilities; |
| --- | --- |

(iii)

information provision in accessible form to people with disabilities;

| (iv) | exemplary projects; |
| --- | --- |

(iv)

exemplary projects;

| (v) | workplace activities; |
| --- | --- |

(v)

workplace activities;

| (vi) | training activities; |
| --- | --- |

(vi)

training activities;

| (vii) | digital tools; |
| --- | --- |

(vii)

digital tools;

| (vii a) | engagement strategies. |
| --- | --- |

(vii a)

engagement strategies.

For the purposes of this article, these measures shall also include but not be limited to the following ways and means to engage market actors such as those referred in paragraph 1:

| (i) | creation of one-stop shops or similar mechanisms for the provision of technical, administrative and financial advice and assistance on energy efficiency, including
  onsite energy checks for households
  , energy renovations of buildings,
  information on the replacement of old and inefficient heating systems with modern and more efficient appliances
  and the take-up of renewable energy
  and energy storage
  for buildings to final customers and final users, especially household and small non-household ones,
  including SMEs and microenterprises
  ; |
| --- | --- |

(i)

creation of one-stop shops or similar mechanisms for the provision of technical, administrative and financial advice and assistance on energy efficiency, including
  onsite energy checks for households
  , energy renovations of buildings,
  information on the replacement of old and inefficient heating systems with modern and more efficient appliances
  and the take-up of renewable energy
  and energy storage
  for buildings to final customers and final users, especially household and small non-household ones,
  including SMEs and microenterprises
  ;

| (i a) | cooperation with private actors that provide services such as energy audits, financing solutions and execution of energy renovations and promotion of such services; |
| --- | --- |

(i a)

cooperation with private actors that provide services such as energy audits, financing solutions and execution of energy renovations and promotion of such services;

| (ii) | communication of cost-effective and easy-to-achieve changes in energy use; |
| --- | --- |

(ii)

communication of cost-effective and easy-to-achieve changes in energy use;

| (iii) | dissemination of information on energy efficiency measures and financing instruments; |
| --- | --- |

(iii)

dissemination of information on energy efficiency measures and financing instruments;

| (iv) | provision of single points of contact, to provide final customers and final users with all necessary information concerning their rights, the applicable law and dispute settlement mechanisms available to them in the event of a dispute. Such single points of contact may be part of general consumer information points. |
| --- | --- |

(iv)

provision of single points of contact, to provide final customers and final users with all necessary information concerning their rights, the applicable law and dispute settlement mechanisms available to them in the event of a dispute. Such single points of contact may be part of general consumer information points.

2a.
     
  For the purpose of this Article, Member States shall engage with relevant authorities and private stakeholders for the purpose of developing dedicated local, regional or national one-stop shops for energy efficiency. Those one-stop shops shall be cross-sectoral and interdisciplinary and lead to locally developed projects by:

| (a) | advising and providing streamlined information on technical and financial possibilities and solutions to households, SMEs, microenterprises, public bodies; |
| --- | --- |

(a)

advising and providing streamlined information on technical and financial possibilities and solutions to households, SMEs, microenterprises, public bodies;

| (b) | connecting potential projects with market players, in particular smaller-scale projects; |
| --- | --- |

(b)

connecting potential projects with market players, in particular smaller-scale projects;

| (c) | advising on energy consumption behaviour with the aim of actively engaging the consumers; |
| --- | --- |

(c)

advising on energy consumption behaviour with the aim of actively engaging the consumers;

| (d) | providing information on training programmes and education to ensure more energy efficiency professionals and to re-skill and up-skill professionals in order to meet the market needs; |
| --- | --- |

(d)

providing information on training programmes and education to ensure more energy efficiency professionals and to re-skill and up-skill professionals in order to meet the market needs;

| (e) | collecting and submitting typology aggregated data from energy efficiency projects facilitated by the one-stop-shops to the Commission, which shall be published by the Commission in a report every second year in order to share experiences and enhance cross-border cooperation between Member States in order to promote best practice examples from different building, housing and enterprise typologies; |
| --- | --- |

(e)

collecting and submitting typology aggregated data from energy efficiency projects facilitated by the one-stop-shops to the Commission, which shall be published by the Commission in a report every second year in order to share experiences and enhance cross-border cooperation between Member States in order to promote best practice examples from different building, housing and enterprise typologies;

| (f) | providing holistic support to all households, with a special attention to households in energy poverty and worst performing buildings, as well as to accredited companies and installers providing retrofit services, adapted to different housing typologies and geographical scope, and providing support covering the different stages of the retrofit project in particular to facilitate the implementation of Minimum Energy Performance Standards provided for in Article 9 of Directive ... [recast EPBD — 2021/0426(COD)]; |
| --- | --- |

(f)

providing holistic support to all households, with a special attention to households in energy poverty and worst performing buildings, as well as to accredited companies and installers providing retrofit services, adapted to different housing typologies and geographical scope, and providing support covering the different stages of the retrofit project in particular to facilitate the implementation of Minimum Energy Performance Standards provided for in Article 9 of Directive ... [recast EPBD — 2021/0426(COD)];

| (g) | developing services for energy poor, vulnerable consumers and low-income households. |
| --- | --- |

(g)

developing services for energy poor, vulnerable consumers and low-income households.

Member States shall work together with local and regional authorities to encourage cooperation among public bodies, energy agencies and community-led initiatives and to promote, develop and upscale one-stop shops through an integrated process. The Commission shall provide Member States with guidelines to develop those one-stop shops with the aim of creating a harmonised approach throughout the Union.

3.   Member States shall establish appropriate conditions for market actors to provide adequate and targeted information and advice to final consumers, including vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing on energy efficiency, SMEs and microenterprises
  .

4.   Member States shall ensure that final customers, final users, vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing, have access to simple, fair, transparent, independent, effective and efficient out-of-court mechanisms for the settlement of disputes concerning rights and obligations established under this Directive, through an independent mechanism such as an energy ombudsperson or a consumer body, or through a regulatory authority. Where the final customer is a consumer as defined in Article 4(1)(a) of Directive 2013/11/EU of the European Parliament and of the Council (67), such out-of-court dispute settlement mechanisms shall comply with the requirements set out therein.

Where necessary, Member States shall ensure that alternative dispute resolution entities cooperate to provide simple, fair, transparent, independent, effective and efficient out-of-court dispute settlement mechanisms for any dispute that arises from products or services that are tied to, or bundled with, any product or service falling under the scope of this Directive.

The participation of undertakings in out-of-court dispute settlement mechanisms for household customers shall be mandatory unless the Member State demonstrates to the Commission that other mechanisms are equally effective.

5.   Without prejudice to the basic principles of their property and tenancy law, Member States shall take necessary measures to remove regulatory and non-regulatory barriers to energy efficiency, as regards the split of incentives between the owners and tenants or among owners of a building or building unit, with a view to ensuring that these parties are not deterred from making efficiency-improving investments that they would otherwise have made by the fact that they will not individually obtain the full benefits or by the absence of rules for dividing the costs and benefits between them;

Measures to remove such barriers may include providing incentives
  , including on financing and the possibility to turn to third-party financing solutions
  , repealing or amending legal or regulatory provisions, or adopting guidelines and interpretative communications, or simplifying administrative procedures, including national rules and measures regulating decision-making processes in multi-owner properties . The measures may be combined with the provision of education, training and specific information and technical assistance on energy efficiency to market actors such as those referred in paragraph 1.

Member States shall take appropriate measures to support a multilateral dialogue with the participation of relevant
  local and regional authorities,
  public and social partners such as owners and tenants organisations, consumer organisations
  , energy distributors or retail energy sales companies, ESCOs
  , renewable energy communities, citizen energy communities local and regional authorities, relevant public authorities and agencies and the aim to set out proposals on jointly accepted measures, incentives and guidelines pertinent to the split of incentives between the owners and tenants or among owners of a building or building unit.

Each Member State shall report such barriers and the measures taken in its long-term renovation strategy pursuant to Article 2a of Directive 2010/31/EU and Regulation (EU) 2018/1999.

6.   The Commission shall encourage the exchange and wide dissemination of information on good energy efficiency practices and methodologies
  and provide technical assistance
  to mitigate the split of incentives in Member States.

Article 21a

Partnerships for energy efficiency

1.
     
  By ... [12 months after the date of entry into force of this Directive], the Commission shall establish European sector-specific energy efficiency partnerships by bringing together key stakeholders, including the social partners, in sectors such as ICT, transport, financial and building sectors, in an inclusive and representative manner. The Commission shall appoint a chair for each European sector-specific energy efficiency partnership.

2.
     
  The partnerships referred to in paragraph 1 shall facilitate climate dialogues and encourage sectors to draw up energy efficiency roadmaps in order to map available measures and technological options to achieve energy efficiency savings, prepare for renewable energy and decarbonise the sectors. Such roadmaps shall make a valuable contribution in assisting sectors in planning the necessary investments needed to reach the objectives of this Directive and of Regulation (EU) 2021/1119 as well as facilitate cross-border cooperation between actors to strengthen the internal market of the Union.

Article 22

Empowering and protecting vulnerable customers and alleviating energy poverty

1.   Member States shall
  develop a robust long-term strategy and
  take appropriate measures to empower and protect people affected by energy poverty, vulnerable customers and
  low-income households and
  , where applicable, people living in social housing.

In defining the concept of vulnerable customers pursuant to Articles 28(1) and 29 of Directive (EU) 2019/944 and Article 3(3) of Directive 2009/73/EC, Member States shall take into account final users.

2.   Member States shall implement energy efficiency improvement measures and related consumer protection or information measures, in particular those set out in Article 21 and Article 8(3), as a priority among people affected by energy poverty, vulnerable customers
  , low-income households
  and, where applicable, people living in social housing to alleviate energy poverty.
  Member States shall introduce proper monitoring and evaluation instruments to ensure that people affected by energy poverty are supported by energy efficiency improvement measures.

3.   To support vulnerable customers, people affected by energy poverty
  , low-income households
  , and, where applicable, people living in social housing, Member States shall:

| a) | implement energy efficiency improvement measures to mitigate distributional effects from other policies and measures, such as taxation measures implemented according to Article 10 of this Directive, or the application of emission trading in the buildings and transport sector according to the ETS Directive [COM(2021)0551, 2021/0211(COD)]; |
| --- | --- |

a)

implement energy efficiency improvement measures to mitigate distributional effects from other policies and measures, such as taxation measures implemented according to Article 10 of this Directive, or the application of emission trading in the buildings and transport sector according to the ETS Directive [COM(2021)0551, 2021/0211(COD)];

| (aa) | ensure that measures to promote or facilitate energy efficiency, in particular those concerning buildings and mobility, do not lead to a disproportionate increase in the cost of these services or to greater social exclusion; |
| --- | --- |

(aa)

ensure that measures to promote or facilitate energy efficiency, in particular those concerning buildings and mobility, do not lead to a disproportionate increase in the cost of these services or to greater social exclusion;

| b) | make the best possible use of public funding available at national and Union level, including, where applicable, the financial contribution Member State received from the Social Climate Fund pursuant to [Article 9 and Article 14 of the Social Climate Fund Regulation, COM(2021)0568], and revenues from allowance auctions from emission trading pursuant to the EU ETS [COM(2021)0551, 2021/0211(COD)], for investments into energy efficiency improvement measures as priority actions; |
| --- | --- |

b)

make the best possible use of public funding available at national and Union level, including, where applicable, the financial contribution Member State received from the Social Climate Fund pursuant to [Article 9 and Article 14 of the Social Climate Fund Regulation, COM(2021)0568], and revenues from allowance auctions from emission trading pursuant to the EU ETS [COM(2021)0551, 2021/0211(COD)], for investments into energy efficiency improvement measures as priority actions;

| c) | where applicable, carry out early, forward-looking investments into energy efficiency improvement measures
  such as the retrofitting of heating, cooling and ventilation systems,
  before distributional impacts from other policies and measures show effect; |
| --- | --- |

c)

where applicable, carry out early, forward-looking investments into energy efficiency improvement measures
  such as the retrofitting of heating, cooling and ventilation systems,
  before distributional impacts from other policies and measures show effect;

| d) | foster technical assistance
  that facilitates the exchange of best practices on reforms of the regulatory frameworks like property and rental laws in relation to energy efficiency measures
  and the roll-out of enabling funding and financial tools, such as on-bill schemes, local loan-loss reserve, guarantee funds, funds targeting deep renovations and renovations with minimum energy gains; |
| --- | --- |

d)

foster technical assistance
  that facilitates the exchange of best practices on reforms of the regulatory frameworks like property and rental laws in relation to energy efficiency measures
  and the roll-out of enabling funding and financial tools, such as on-bill schemes, local loan-loss reserve, guarantee funds, funds targeting deep renovations and renovations with minimum energy gains;

| e) | foster technical assistance for social actors to promote vulnerable customer’s active engagement in the energy market, and positive changes in their energy consumption behaviour; |
| --- | --- |

e)

foster technical assistance for social actors to promote vulnerable customer’s active engagement in the energy market, and positive changes in their energy consumption behaviour;

| f) | ensure access to finance, grants or subsidies bound to minimum energy gains
  and facilitate access to affordable bank loans or dedicated credit lines. |
| --- | --- |

f)

ensure access to finance, grants or subsidies bound to minimum energy gains
  and facilitate access to affordable bank loans or dedicated credit lines.

3a.
     
  Member States shall take appropriate measures to protect people affected by energy poverty, low-income households, vulnerable customers and, where applicable, people living in social housing against unfair price setting and price increases in the supply of heating, cooling and domestic hot water.

4.   Member States shall establish a network of experts from various sectors such as health sector,
  energy sector,
  building sector,
  heating and cooling sector
  and social sectors,
  including local and regional energy agencies where applicable,
  to develop strategies to support local and national decision makers in implementing energy efficiency improvement measures alleviating energy poverty, measures to generate robust long term solutions to mitigate energy poverty and to develop appropriate technical assistance and financial tools. Member States shall strive to ensure a network of experts’ composition that ensures gender balance and reflects the perspectives of people in all their diversity.

The
  same network of experts
  shall support Member States
  :

| a) | to establish national definitions, indicators and criteria of energy poverty, energy poor and concepts of vulnerable customers, including final users; |
| --- | --- |

a)

to establish national definitions, indicators and criteria of energy poverty, energy poor and concepts of vulnerable customers, including final users;

| b) | to develop or improve relevant indicators and data sets, pertinent to the issue of energy poverty, that should be used and reported upon; |
| --- | --- |

b)

to develop or improve relevant indicators and data sets, pertinent to the issue of energy poverty, that should be used and reported upon;

| c) | to set up methods and measures to ensure affordability, the promotion of housing cost neutrality, or ways to ensure that public funding invested in energy efficiency improvement measures benefit both, owners and tenants, of buildings and building units, in particular regarding vulnerable customers, people affected by energy poverty, and, where applicable, people living in social housing; |
| --- | --- |

c)

to set up methods and measures to ensure affordability, the promotion of housing cost neutrality, or ways to ensure that public funding invested in energy efficiency improvement measures benefit both, owners and tenants, of buildings and building units, in particular regarding vulnerable customers, people affected by energy poverty, and, where applicable, people living in social housing;

| d) | to assess, and where applicable, propose measures to prevent or remedy situations in which particular groups are more affected or more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as women, persons with disabilities, older persons, children, and persons with a minority racial or ethnic background. |
| --- | --- |

d)

to assess, and where applicable, propose measures to prevent or remedy situations in which particular groups are more affected or more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as women, persons with disabilities, older persons, children, and persons with a minority racial or ethnic background.

CHAPTER V

CHAPTER V

EFFICIENCY IN ENERGY SUPPLY

EFFICIENCY IN ENERGY SUPPLY

Article 23

Heating and cooling assessment and planning

1.   As part of its integrated national energy and climate plan, its subsequent integrated national energy and climate plan and respective progress reports notified in accordance with Regulation (EU) 2018/1999, each Member State shall notify to the Commission a comprehensive heating and cooling assessment
  , including the mapping of areas identified for new heating and cooling networks
  . That comprehensive assessment shall contain the information set out in Annex IX and shall be accompanied with the assessment carried out pursuant to Article 15(7) of Directive (EU) 2018/2001.

2.   Member States shall ensure that
  all relevant parties, including public and private stakeholders, are
  given the opportunity to participate in the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures.

3.   For the purpose of the assessment referred to in paragraph 1, Member States shall carry out a cost-benefit analysis covering their territory and based on climate conditions, economic feasibility and technical suitability. The cost-benefit analysis shall be capable of facilitating the identification of the most resource- and cost-efficient solutions to meeting heating and cooling needs,
  taking into account overall system efficiency, power system adequacy and resiliency, and the energy efficiency first principle
  . That cost-benefit analysis may be part of an environmental assessment under Directive 2001/42/EC of the European Parliament and of the Council (68).

Member States shall designate the competent authorities responsible for carrying out the cost-benefit analyses, provide the detailed methodologies and assumptions in accordance with Annex X and establish and make public the procedures for the economic analysis.

4.   Where the assessment referred to in paragraph 1 and the analysis referred to in paragraph 3 identify a potential for the application of high-efficiency cogeneration and/or efficient district heating and cooling
  and/or power generation from waste heat for self-consumption
  whose benefits exceed the costs, Member States,
  or the local and regional authorities responsible,
  shall take adequate measures for efficient district heating and cooling infrastructure to be developed
  and/or to encourage the development of installations for the conversion of waste excess heat to power for self-consumption
  and/or to accommodate the development of high-efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraph 1, and Article 24(4) and (6).

Where the assessment referred to in paragraph 1 and the analysis referred to in paragraph 3 do not identify a potential whose benefits exceed the costs, including the administrative costs of carrying out the cost-benefit analysis referred to in Article 24(4), the Member State
  together with the local and regional authorities
  concerned may exempt installations from the requirements laid down in that paragraph.

5.   Member States shall adopt policies and measures which ensure that the potential identified in the comprehensive assessments carried out pursuant to paragraph 1 is realised. These policies and measures shall include at least the elements set out in Annex IX. Each Member State shall notify those policies and measures as part of the update of its integrated national energy and climate plans, its subsequent integrated national energy and climate plan, and respective progress reports notified in accordance with Regulation (EU) 2018/1999.

When preparing its policies and measures, Member States shall collect information on cogeneration plants and units in existing district heating and cooling networks and carry out an assessment of the potential for energy savings. That information shall contain at least the data on system efficiency, system losses, connection density, network losses and temperature spread, primary energy and final energy consumption, emission factors and upstream chains of the energy sources. That data shall be published and Member States shall make that data publicly available.

6.   Member States shall
  ensure that
  regional and local authorities to prepare local heating and cooling plans at least in municipalities having a total population
  of at least 35 000 and encourage municipalities with a lower population to prepare such plans
  . Those plans
  shall
  :

| (a) | be based on the information and data provided in the comprehensive assessments carried out pursuant to paragraph 1 and provide an estimate and mapping of the potential for increasing energy efficiency, including via
  low-temperature district heating readiness, high efficiency cogeneration,
  waste heat recovery, and renewable energy in heating and cooling in that particular area;
  in addition, an analysis of the heating and cooling appliances in local building stocks shall be conducted that takes into account the area-specific potentials for energy efficiency measures and that develops renovation roadmap templates for similar building types with the aim of a rapid, cost-efficient and mutually coordinated transformation of buildings and supply infrastructure; |
| --- | --- |

(a)

be based on the information and data provided in the comprehensive assessments carried out pursuant to paragraph 1 and provide an estimate and mapping of the potential for increasing energy efficiency, including via
  low-temperature district heating readiness, high efficiency cogeneration,
  waste heat recovery, and renewable energy in heating and cooling in that particular area;
  in addition, an analysis of the heating and cooling appliances in local building stocks shall be conducted that takes into account the area-specific potentials for energy efficiency measures and that develops renovation roadmap templates for similar building types with the aim of a rapid, cost-efficient and mutually coordinated transformation of buildings and supply infrastructure;

| (aa) | be fully compliant with the energy efficiency first principle; |
| --- | --- |

(aa)

be fully compliant with the energy efficiency first principle;

| (b) | include a strategy for the use of the identified potential pursuant to paragraph 6(a); |
| --- | --- |

(b)

include a strategy for the use of the identified potential pursuant to paragraph 6(a);

| (c) | be prepared with the involvement of all relevant regional or local stakeholders and ensure participation of general public
  , including operators of local energy infrastructure at an early stage
  ; |
| --- | --- |

(c)

be prepared with the involvement of all relevant regional or local stakeholders and ensure participation of general public
  , including operators of local energy infrastructure at an early stage
  ;

| (ca) | take into account the existing energy infrastructure for gas, heat and electricity; |
| --- | --- |

(ca)

take into account the existing energy infrastructure for gas, heat and electricity;

| (d) | consider the common needs of local communities and multiple local or regional administrative units or regions; |
| --- | --- |

(d)

consider the common needs of local communities and multiple local or regional administrative units or regions;

| (da) | assess the role of energy communities and other consumer-led initiatives that can actively contribute to the implementation of local heating and cooling projects; |
| --- | --- |

(da)

assess the role of energy communities and other consumer-led initiatives that can actively contribute to the implementation of local heating and cooling projects;

| (db) | include a strategy to prioritise people affected by energy poverty, low-income households, vulnerable consumers and, where applicable, people living in social housing as referred to in Article 22, including market analysis to identify and understand the needs of target groups and propose tailored programmes; |
| --- | --- |

(db)

include a strategy to prioritise people affected by energy poverty, low-income households, vulnerable consumers and, where applicable, people living in social housing as referred to in Article 22, including market analysis to identify and understand the needs of target groups and propose tailored programmes;

| (dc) | assess how to finance the implementation of policies and measures identified and provide for financial mechanisms allowing consumers to shift to renewable heating and cooling; |
| --- | --- |

(dc)

assess how to finance the implementation of policies and measures identified and provide for financial mechanisms allowing consumers to shift to renewable heating and cooling;

| (dd) | consider energy affordability, security of supply, power system adequacy and resiliency; |
| --- | --- |

(dd)

consider energy affordability, security of supply, power system adequacy and resiliency;

| (e) | include
  a trajectory to achieve the goals of the plans in line with climate neutrality and
  the monitoring of the progress of implementation of policies and measures identified; |
| --- | --- |

(e)

include
  a trajectory to achieve the goals of the plans in line with climate neutrality and
  the monitoring of the progress of implementation of policies and measures identified;

| (ea) | develop a strategy to plan the replacement of old and inefficient heating and cooling appliances in public bodies with highly efficient alternatives with the aim of phasing out fossil fuels; |
| --- | --- |

(ea)

develop a strategy to plan the replacement of old and inefficient heating and cooling appliances in public bodies with highly efficient alternatives with the aim of phasing out fossil fuels;

| (eb) | assess potential synergies with the plans of neighbouring regional or local authorities to encourage joint investments and cost efficiency. |
| --- | --- |

(eb)

assess potential synergies with the plans of neighbouring regional or local authorities to encourage joint investments and cost efficiency.

Member States shall ensure that
  all relevant parties, including public and relevant private stakeholders, are
  given the opportunity to participate the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures.

For this purpose, Member States shall develop recommendations supporting the regional and local authorities to implement policies and measures in energy efficient and renewable energy based heating and cooling at regional and local level utilising the potential identified. Member States shall support regional and local authorities to the utmost extent possible by any means including financial support and technical support schemes.
  Member States shall ensure that heating and cooling plans are aligned with other local climate, energy and environment planning requirements, in order to avoid administrative burden for local and regional authorities and encourage the effective implementation of the plans.

6a.
     
  Local heating and cooling plans may be carried out jointly by a group of several neighbouring local authorities provided that the geographical and administrative context as well as the heating and cooling infrastructure is appropriate.

6b.
     
  Implementation of local heating and cooling plans shall be verified and assessed by a competent authority. Where implementation is deemed to be insufficient, based on the trajectory and the monitoring pursuant to paragraph 6, point (e), the competent authority shall propose measures to close the implementation gap.

Article 24

Heating and cooling supply

1.   In order to increase primary energy efficiency and the share of renewable energy in heating and cooling supply, an efficient district heating and cooling system is a system which meets the following criteria:

| a. | until 31 December
  2027
  , a system using at least 50 % renewable energy, 50 % waste heat, 75 % cogenerated heat or 50 % of a combination of such energy and heat
  going into the network
  ; |
| --- | --- |

a.

until 31 December
  2027
  , a system using at least 50 % renewable energy, 50 % waste heat, 75 % cogenerated heat or 50 % of a combination of such energy and heat
  going into the network
  ;

| b. | from 1 January
  2028
  , a system using at least 50 % renewable energy, 50 % waste heat, 80 % of high-efficiency cogenerated heat or at least a combination of such thermal energy going into the network where the share of renewable energy is at least 5 % and the total share of renewable energy, waste heat or high-efficiency cogenerated heat is at least 50 %; |
| --- | --- |

b.

from 1 January
  2028
  , a system using at least 50 % renewable energy, 50 % waste heat, 80 % of high-efficiency cogenerated heat or at least a combination of such thermal energy going into the network where the share of renewable energy is at least 5 % and the total share of renewable energy, waste heat or high-efficiency cogenerated heat is at least 50 %;

| c. | from 1 January 2035, a system using at least 50 % renewable energy and waste heat, where the share of renewable energy is at least 20 %; |
| --- | --- |

c.

from 1 January 2035, a system using at least 50 % renewable energy and waste heat, where the share of renewable energy is at least 20 %;

| d. | from 1 January 2045, a system using at least 75 % renewable energy and waste heat, where the share of renewable energy is at least 40 %; |
| --- | --- |

d.

from 1 January 2045, a system using at least 75 % renewable energy and waste heat, where the share of renewable energy is at least 40 %;

| e. | from 1 January 2050, a system using only renewable energy and waste heat, where the share of renewable energy is at least 60 %. |
| --- | --- |

e.

from 1 January 2050, a system using only renewable energy and waste heat, where the share of renewable energy is at least 60 %.

| f. | in line with the energy efficiency first principle, where the share of waste heat exceeds the criteria in points (c), (d) and (e), and where the waste heat would otherwise be lost, waste heat may replace any of the other energy sources; |
| --- | --- |

f.

in line with the energy efficiency first principle, where the share of waste heat exceeds the criteria in points (c), (d) and (e), and where the waste heat would otherwise be lost, waste heat may replace any of the other energy sources;

| g. | an assessment has been made of the maximum needed temperatures in distribution grid. |
| --- | --- |

g.

an assessment has been made of the maximum needed temperatures in distribution grid.

2.   Member States shall ensure that where a district heating and cooling system is built or substantially refurbished it meets the criteria set out in paragraph 1 applicable at such time when it starts or continues its operation after the refurbishment. In addition, Member States shall ensure that when a district heating and cooling system is built or substantially refurbished, there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels ▌.
  Member States shall also ensure that the geographic routing of existing district heating and cooling systems are mapped and published.

3.   Member States shall ensure that as from 1 January 2025, and every five years thereafter, operators of all existing district heating and cooling systems with a total energy output exceeding 5 MW and which do not meet the criteria set out in paragraph 1(b) to (e), prepare a plan to increase primary energy efficiency and renewable energy
  and to reduce distribution losses
  . The plan shall include measures to meet the criteria set out in paragraph 1(b) to (e) and shall be approved by the competent authority.

3a.
     
  Member States shall ensure that a data centre with a total rated energy input exceeding 100 kW utilises the waste heat or other waste heat recovery applications unless it can show that it is not technically or economically feasible in accordance to the assessment referred to in paragraph 4.

4.   In order to assess the economic feasibility of increasing energy efficiency of heat and cooling supply, Member States shall ensure that an installation level cost-benefit analysis in accordance with Annex X is carried out where the following installations are newly planned or substantially refurbished 
  and their material costs have not yet been incurred
  :

| (a) | a thermal electricity generation installation with an average annual total energy input exceeding 5 MW, in order to assess the cost and benefits of providing for the operation of the installation as a high-efficiency cogeneration installation; |
| --- | --- |

(a)

a thermal electricity generation installation with an average annual total energy input exceeding 5 MW, in order to assess the cost and benefits of providing for the operation of the installation as a high-efficiency cogeneration installation;

| (b) | an industrial installation with an average annual total energy input exceeding 5 MW in order to assess utilisation of the waste heat on-site and off-site; |
| --- | --- |

(b)

an industrial installation with an average annual total energy input exceeding 5 MW in order to assess utilisation of the waste heat on-site and off-site;

| (c) | service facility with an annual average total energy input exceeding 5 MW, such as wastewater treatment facilities and LNG facilities in order to assess utilisation of waste heat on-site and off-site; |
| --- | --- |

(c)

service facility with an annual average total energy input exceeding 5 MW, such as wastewater treatment facilities and LNG facilities in order to assess utilisation of waste heat on-site and off-site;

| (d) | a data centre with a total rated energy input exceeding
  100 kW
  level, to assess the
  technical feasibility, cost-efficiency and impact on energy efficiency and local heat demand, including seasonal variation,
  of utilising the waste heat to satisfy economically justified demand, and of the connection of that installation to a district heating network or an efficient/RES-based district cooling system
  or other waste heat recovery applications
  . The analysis shall consider cooling system solutions that allow removing or capturing the waste heat at useful temperature level with minimal ancillary energy inputs. |
| --- | --- |

(d)

a data centre with a total rated energy input exceeding
  100 kW
  level, to assess the
  technical feasibility, cost-efficiency and impact on energy efficiency and local heat demand, including seasonal variation,
  of utilising the waste heat to satisfy economically justified demand, and of the connection of that installation to a district heating network or an efficient/RES-based district cooling system
  or other waste heat recovery applications
  . The analysis shall consider cooling system solutions that allow removing or capturing the waste heat at useful temperature level with minimal ancillary energy inputs.

Member States shall ensure that regulatory barriers for the utilisation of waste heat are removed and sufficient support for the uptake of waste heat is provided where the installations referred to in points (a) to (d) are newly planned or refurbished.
  For the purposes of assessing on-site waste heat for the purpose of points (b) to (d), energy audits in line with Annex VI may be carried out instead of the cost benefit analysis set out in this paragraph.

The fitting of equipment to capture carbon dioxide produced by a combustion installation with a view to its being geologically stored as provided for in Directive 2009/31/EC shall not be considered as refurbishment for the purpose of points (b) and (c) of this paragraph.

Member States shall require the cost-benefit analysis to be carried out in cooperation with the companies responsible for the operation of the facility.

5.   Member States may exempt from paragraph 4:

| (a) | those peak load and back-up electricity generating installations which are planned to operate under 1 500 operating hours per year as a rolling average over a period of five years, based on a verification procedure established by the Member States ensuring that this exemption criterion is met; |
| --- | --- |

(a)

those peak load and back-up electricity generating installations which are planned to operate under 1 500 operating hours per year as a rolling average over a period of five years, based on a verification procedure established by the Member States ensuring that this exemption criterion is met;

| (b) | installations that need to be located close to a geological storage site approved under Directive 2009/31/EC; |
| --- | --- |

(b)

installations that need to be located close to a geological storage site approved under Directive 2009/31/EC;

| (c) | data centres whose waste heat is or will be used in a district heating network or directly for space heating, domestic hot water preparation or other uses in the building or group of buildings where it is located
  or other uses in a relevant zone around the data centres
  . |
| --- | --- |

(c)

data centres whose waste heat is or will be used in a district heating network or directly for space heating, domestic hot water preparation or other uses in the building or group of buildings where it is located
  or other uses in a relevant zone around the data centres
  .

Member States may also lay down thresholds, expressed in terms of the amount of available useful waste heat, the demand for heat or the distances between industrial installations and district heating networks, for exempting individual installations from the provisions of points (c) and (d) of paragraph 4.

Member States shall notify exemptions adopted under this paragraph to the Commission.

6.   Member States shall adopt authorisation criteria as referred to in Article 8 of Directive (EU) 2019/944, or equivalent permit criteria, to:

| (a) | take into account the outcome of the comprehensive assessment referred to in Article 23(1); |
| --- | --- |

(a)

take into account the outcome of the comprehensive assessment referred to in Article 23(1);

| (b) | ensure that the requirements of paragraph 4 are fulfilled; |
| --- | --- |

(b)

ensure that the requirements of paragraph 4 are fulfilled;

| (c) | take into account the outcome of cost-benefit analysis referred to in paragraph 4. |
| --- | --- |

(c)

take into account the outcome of cost-benefit analysis referred to in paragraph 4.

7.   Member States may exempt individual installations from being required, by the authorisation and permit criteria referred to in paragraph 6, to implement options whose benefits exceed their costs, if there are imperative reasons of law, ownership or finance for doing so. In these cases the Member State concerned shall submit a reasoned notification of its decision to the Commission within three months of the date of taking it. The Commission may issue an opinion on the notification within three months of its receipt.

8.   Paragraphs 4, 5, 6 and 7 of this Article shall apply to installations covered by Directive 2010/75/EU without prejudice to the requirements of that Directive.

9.   Member States shall collect information on cost-benefit analyses carried out in accordance with paragraph 4 points (a), (b), (c) and (d) of this Article. That information should contain at least the data on available heat supply amounts and heat parameters, number of planned operating hours annually and geographical location of the sites. That data shall be published with the due respect of its potential sensitivity.

10.   On the basis of the harmonised efficiency reference values referred to in point (f) of Annex III, Member States shall ensure that the origin of electricity produced from high-efficiency cogeneration can be guaranteed according to objective, transparent and non-discriminatory criteria laid down by each Member State. They shall ensure that this guarantee of origin complies with the requirements and contains at least the information specified in Annex XI. Member States shall mutually recognise their guarantees of origin, exclusively as proof of the information referred to in this paragraph. Any refusal to recognise a guarantee of origin as such proof, in particular for reasons relating to the prevention of fraud, must be based on objective, transparent and non-discriminatory criteria. Member States shall notify the Commission of such refusal and its justification. In the event of refusal to recognise a guarantee of origin, the Commission may adopt a decision to compel the refusing party to recognise it, in particular with regard to objective, transparent and non-discriminatory criteria on which such recognition is based.

The Commission shall be empowered to review, by means of delegated acts in accordance with Article 31 of this Directive, the harmonised efficiency reference values laid down in Commission Delegated Regulation (EU) 2015/2402 (69).

11.   Member States shall ensure that any available support for cogeneration is subject to the electricity produced originating from high-efficiency cogeneration and the waste heat being effectively used to achieve primary energy savings. Public support to cogeneration and district heating generation and networks shall be subject to State aid rules, where applicable.

Article 25

Energy transformation, transmission and distribution

1.   National energy regulatory authorities shall apply the energy efficiency first principle in accordance with Article 3 of this Directive in carrying out the regulatory tasks specified in Directives (EU) 2019/944 and 2009/73/EC regarding their decisions on the operation of the gas and electricity infrastructure, including their decisions on network tariffs
  , without prejudice to the principles of non-discrimination and cost-effectiveness
  .
  In addition to the energy efficiency first principle, national energy regulatory authorities shall take into account cost efficiency, system efficiency and security of supply and adapt a lifecycle approach safeguarding the Union’s climate targets and sustainability
  .

2.   Member States shall ensure that gas and electricity transmission and distribution system operators apply the energy efficiency first principle in accordance with Article 3 of this Directive
  and in accordance with the Union’s climate and sustainability targets
  in their network planning, network development and investment decisions.
  Demand-side flexibility shall be a central part of the assessment of network planning and operation.
  While taking security of supply and market integration into account, Member States shall ensure that transmission system operators and distribution system operators ▌invest in
  future-proof
  assets to contribute to climate change mitigation. National regulatory authorities
  may
  provide methodologies and guidance on how to assess alternatives in the cost-benefit analysis
  in close cooperation with the transmission system operators and distribution system operators, which can share key technical expertise
  , taking into account wider benefits, and verify the implementation of the energy efficiency first principle by the transmission system operators or distribution system operators when approving, verifying or monitoring the projects submitted by the transmission system operators or distribution system operators.

3.   Member States shall ensure that transmission and distribution system operators
  monitor and quantify the overall volume of
  network losses
  relating to the network they operate
  and take cost-effective measures to
  increase
  network
  efficiency and address infrastructure developments needs and the
  losses
  resulting from increased electrification at both demand and production side
  . Transmission and distribution system operators shall report those measures ▌to the national energy regulatory authority. ▌Member States shall ensure that transmission and distribution
  network
  operators assess energy efficiency improvement measures with regard to their existing gas or electricity transmission or distribution systems and improve energy efficiency in infrastructure design and operation
  , especially in terms of smart grid deployment
  . Member States shall encourage transmission and distribution system operators to develop innovative solutions to improve the
  efficiency and sustainability, including
  energy efficiency, of existing
  and future
  systems through incentive based regulations.

4.   National energy regulatory authorities shall include a specific section on the progress achieved in energy efficiency improvements regarding the operation of the gas and electricity infrastructure in the annual report drawn up pursuant to Article 59(1)(i) of Directive (EU) 2019/944 and pursuant to Article 41 of Directive 2009/73/EC. In these reports, national energy regulatory authorities shall provide an assessment of
  the overall efficiency
  in the operation of the gas and electricity infrastructure, the measures carried out by transmission and distribution system operators, and, where applicable, provide recommendations for energy efficiency improvements
  , including cost-efficient alternatives that reduce peak loads and overall electricity use
  .

5.   For electricity, Member States shall ensure that network regulation and network tariffs fulfil the criteria in Annex XII, taking into account guidelines and codes developed pursuant to Regulation (EU) 2019/943.

6.   Member States may permit components of schemes and tariff structures with a social aim for net-bound energy transmission and distribution, provided that any disruptive effects on the transmission and distribution system are kept to the minimum necessary and are not disproportionate to the social aim.

7.   National regulatory authorities shall ensure the removal of those incentives in transmission and distribution tariffs that are detrimental to the energy efficiency
  and demand response
  of the generation, transmission, distribution and supply of electricity and gas.
  Member States shall ensure efficiency in infrastructure design and the operation of the existing infrastructure and, within the framework of Directive (EU) 2019/944, that tariffs allow suppliers to improve consumer participation in system efficiency.

8.   Transmission system operators and distribution system operators shall comply with the requirements set out in Annex XII.

9.   Where appropriate, national regulatory authorities may require transmission system operators and distribution system operators to encourage high-efficiency cogeneration to be sited close to areas of heat demand by reducing the connection and use-of-system charges.

10.   Member States may allow producers of electricity from high-efficiency cogeneration wishing to be connected to the grid to issue a call for tender for the connection work.

11.   When reporting under Directive 2010/75/EU, and without prejudice to Article 9(2) of that Directive, Member States shall consider including information on energy efficiency levels of installations undertaking the combustion of fuels with total rated thermal input of 50 MW or more in the light of the relevant best available techniques developed in accordance with Directive 2010/75/EU.

CHAPTER VI

CHAPTER VI

HORIZONTAL PROVISIONS

HORIZONTAL PROVISIONS

Article 26

Availability of qualification, accreditation and certification schemes

1.   Member States shall ensure the appropriate level of competences for energy efficiency professions that corresponds to the market needs. Member States in close cooperation with the social partners shall ensure that certification and/or equivalent qualification schemes, including, where necessary, suitable training programmes, are available for energy efficiency professions including providers of energy services, providers of energy audits, energy managers, independent experts and installers of building elements pursuant to Directive 2010/31/EU, and are reliable and contribute to national energy efficiency objectives and the overall EU decarbonisation objectives.

Providers of certification, and/or equivalent qualification schemes, including, where necessary, suitable training programmes shall be accredited according to Regulation (EC) No 765/2008 (70).

1a.
     
  Member States shall promote certification, training and education programmes to ensure the appropriate level of competences for energy efficiency professions that correspond to market needs. Member States shall put in place measures to promote participation in such programmes, in particular by SMEs and self-employed persons. By ... [12 months after the date of entry into force of this Directive], the Commission shall set up a Union-wide campaign to attract more people to energy efficiency professions and ensure equal access for women.

1b.
     
  By ... [12 months after the date of entry into force of this Directive], the Commission shall set up a single point of access platform providing support and sharing of knowledge to ensure the appropriate level of qualified professionals to reach the Union’s climate and energy targets. The platform shall gather Member States, social partners, education institutions, academia and other relevant stakeholders to foster and promote best practices to ensure more energy efficiency professionals and re-skill or up-skill existing professionals in order to meet market needs.

2.   Member States shall ensure that national certification, or equivalent qualification schemes, including, where necessary, training programmes,
  are based on
  existing European or international standards.

3.   Member States shall make publicly available the certification, or equivalent qualification schemes, or suitable training programmes referred to in paragraph 1 and shall cooperate among themselves and with the Commission on comparisons between, and recognition of, the schemes.

Member States shall take appropriate measures to make consumers aware of the availability of the schemes in accordance with Article 27(1).

4.   Member States shall assess by 31 December 2024 and every
  two
  years thereafter whether the schemes ensure the necessary level of competences
  and gender balance
  for energy services providers, energy auditors, energy managers, independent experts and installers of building elements pursuant to Directive 2010/31/EU
  . They shall also assess the gap between available and needed professionals. They
  shall make the assessment and recommendations thereof publically available.

Article 27

Energy services

1.   Member States shall promote the energy services market and access to it for SMEs by disseminating clear and easily accessible information on:

| (a) | available energy service contracts and clauses that should be included in such contracts to guarantee energy savings and final customers’ rights; |
| --- | --- |

(a)

available energy service contracts and clauses that should be included in such contracts to guarantee energy savings and final customers’ rights;

| (b) | financial instruments, incentives, grants, revolving funds, guarantees, insurance schemes, and loans to support energy efficiency service projects; |
| --- | --- |

(b)

financial instruments, incentives, grants, revolving funds, guarantees, insurance schemes, and loans to support energy efficiency service projects;

| (c) | available energy services providers that are qualified and/or certified and their qualifications and/or certifications in accordance with Article 26. |
| --- | --- |

(c)

available energy services providers that are qualified and/or certified and their qualifications and/or certifications in accordance with Article 26.

| (d) | available monitoring and verification methodologies and quality control schemes. |
| --- | --- |

(d)

available monitoring and verification methodologies and quality control schemes.

2.   Member States shall encourage the development of quality labels, inter alia, by trade associations, based on European or international standards where relevant;

3.   Member States shall make publicly available and regularly update a list of available energy service providers who are qualified and/or certified and their qualifications and/or certifications in accordance with Article 26, or provide an interface where energy service providers can provide information.

4.   Member States shall
  ensure that
  public bodies use energy performance contracting for renovations of large buildings. For renovations of large non-residential
  and public residential
  buildings with a useful floor area above
  500
   m2

  , and of buildings for social purposes
  , Member States shall ensure that public bodies assess the feasibility of using energy performance contracting
  and other performance-based energy services
  .

Member States may encourage public bodies to combine energy performance contracting with expanded energy services including demand response and storage
  , in order to ensure energy savings and maintain the obtained results over time through continuous monitoring, effective operation and maintenance
  .

5.   Member States shall support the public sector in taking up energy service offers, in particular for building refurbishment, by:

| (a) | providing model contracts for energy performance contracting which include at least the items listed in Annex XIII and take into account the existing European or international standards, available tendering guidelines and Eurostat guide to the statistical treatment of energy performance contracts in government accounts; |
| --- | --- |

(a)

providing model contracts for energy performance contracting which include at least the items listed in Annex XIII and take into account the existing European or international standards, available tendering guidelines and Eurostat guide to the statistical treatment of energy performance contracts in government accounts;

| (b) | providing information on best practices for energy performance contracting, including, if available, cost-benefit analysis using a life-cycle approach; |
| --- | --- |

(b)

providing information on best practices for energy performance contracting, including, if available, cost-benefit analysis using a life-cycle approach;

| (c) | promoting and
  making publicly available a database of implemented and ongoing energy performance contracting projects that includes the projected and achieved energy savings. |
| --- | --- |

(c)

promoting and
  making publicly available a database of implemented and ongoing energy performance contracting projects that includes the projected and achieved energy savings.

6.   Member States shall support the proper functioning of the energy services market by taking the following measures:

| (a) | identifying and publicising point(s) of contact where final customers can obtain the information referred to in paragraph 1; |
| --- | --- |

(a)

identifying and publicising point(s) of contact where final customers can obtain the information referred to in paragraph 1;

| (b) | removing the regulatory and non-regulatory barriers that impede the uptake of energy performance contracting and other energy efficiency service models for the identification and/or implementation of energy saving measures; |
| --- | --- |

(b)

removing the regulatory and non-regulatory barriers that impede the uptake of energy performance contracting and other energy efficiency service models for the identification and/or implementation of energy saving measures;

| (c) | setting up and promoting the role of advisory bodies
  , ESCOs
  and independent market intermediaries including one stop shops or similar support mechanisms to stimulate market development on the demand and supply sides, and making information about those support mechanisms publically available and accessible to market actors. |
| --- | --- |

(c)

setting up and promoting the role of advisory bodies
  , ESCOs
  and independent market intermediaries including one stop shops or similar support mechanisms to stimulate market development on the demand and supply sides, and making information about those support mechanisms publically available and accessible to market actors.

7.   For the purpose of supporting the proper functioning of the energy services market, Member States may establish an individual mechanism or designate an ombudsperson to ensure the efficient handling of complaints and out-of-court settlement of disputes arising from energy service and energy performance contracts.

8.   Member States shall ensure that energy distributors, distribution system operators and retail energy sales companies refrain from any activities that may impede the demand for and delivery of energy services or energy efficiency improvement measures, or hinder the development of markets for such services or measures, including foreclosing the market for competitors or abusing dominant positions.

Article 28

Energy Efficiency National Fund, Financing and Technical Support

1.   Without prejudice to Articles 107 and 108 TFEU, Member States shall facilitate the establishment of financing facilities, or use of existing ones, for energy efficiency improvement measures to maximise the benefits of multiple streams of financing and the combination of grants, financial instruments and technical assistance.

2.   The Commission shall, where appropriate, directly or via the European financial institutions, assist Member States in setting up financing facilities and project development assistance facilities at national, regional or local level with the aim of increasing investments in energy efficiency in different sectors, and protecting and empowering vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing including by integrating an equality perspective so that no one is left behind.

3.   Member States shall adopt measures that ensure that energy efficiency lending products, such as green mortgages and green loans, secured and unsecured, are offered widely and in a non-discriminatory manner by financial institutions and, are visible and accessible to consumers. Member States shall adopt measures to facilitate the implementation of on-bill and on-tax financing schemes. Member States shall ensure that banks and other financial institutions receive information on opportunities to participate in the financing of energy efficiency improvement measures, including through the creation of public/private partnerships.

3a.
     
  Without prejudice to Articles 107 and 108 TFEU, Member States shall adopt financial support schemes to increase the uptake of energy efficiency improvement measures for newly built, or the substantial refurbishment of, individual and district heating and cooling systems and the replacement of old and inefficient heating and cooling appliances with highly efficient alternatives.

Member States shall facilitate the establishment of local expertise and technical assistance to advise on best practices with regard to achieving the decarbonisation of local district heating and cooling, such as access to locally available projects and dedicated financial support.

4.   The Commission shall facilitate the exchange of best practice between the competent national or regional authorities or bodies, e.g. through annual meetings of the regulatory bodies, public databases with information on the implementation of measures by Member States, and country comparison.

5.   In order to mobilise private financing for energy efficiency measures and energy renovation,
  to contribute to the achievement the Union’s energy efficiency targets and of the national contributions pursuant to Article 4 of this Directive and of the objectives
  in ▌Directive 2010/31/EU, the Commission shall conduct a dialogue with both public and private financial institutions, as well as specific sectors such as transport, ICT and buildings,
  in order to map out
  needs and
  possible actions it can take.

6.   The actions referred to in paragraph 5 shall include the following elements:

| (a) | mobilising capital investment into energy efficiency by considering the wider impacts of energy savings; |
| --- | --- |

(a)

mobilising capital investment into energy efficiency by considering the wider impacts of energy savings;

| (aa) | facilitating the implementation of dedicated energy efficiency financial instruments and financing schemes at scale to be set up by financial institutions; |
| --- | --- |

(aa)

facilitating the implementation of dedicated energy efficiency financial instruments and financing schemes at scale to be set up by financial institutions;

| (b) | ensuring better energy and finance performance data by:






  (i) | examining further how energy efficiency investments improve underlying asset values; |
| --- | --- | --- |

(b)

ensuring better energy and finance performance data by:

(i)

examining further how energy efficiency investments improve underlying asset values;

| (ii) | supporting studies to assess the monetisation of the non-energy benefits of energy efficiency investments. |
| --- | --- |

(ii)

supporting studies to assess the monetisation of the non-energy benefits of energy efficiency investments.

7.   For the purpose of mobilising private financing of energy efficiency measures and energy renovation, Member States shall, when implementing this Directive:

| (a) | consider ways to make better use of
  energy management systems and
  energy audits under Article 11 to influence decision-making; |
| --- | --- |

(a)

consider ways to make better use of
  energy management systems and
  energy audits under Article 11 to influence decision-making;

| (b) | make optimal use of the possibilities and tools available from the Union budget, and proposed in the smart finance for smart buildings initiative and in Commission Communication entitled ‘Renovation Wave’ . |
| --- | --- |

(b)

make optimal use of the possibilities and tools available from the Union budget, and proposed in the smart finance for smart buildings initiative and in Commission Communication entitled ‘Renovation Wave’ .

8.   By 31 December 2024 the Commission shall provide guidance for Member States and market actors on how to unlock private investment.

The guidance shall have the purpose of helping Member States and market actors to develop and implement their energy efficiency investments in the various Union programmes, and will propose adequate financial mechanisms and solutions, with a combination of grants, financial instruments and project development assistance, to scale up existing initiatives and use the Union funding as a catalyst to leverage and trigger private financing.

9.   
  By ... [transposition date],
  Member States may set up
  a National
  Energy Efficiency ▌Fund. The purpose of the
  National Energy Efficiency Fund
  shall be to implement energy efficiency measures
  in support of Member States’ national contributions pursuant to Article 4(2). The National Energy Efficiency Fund may be established as a dedicated fund within an already existing national facility promoting capital investments.

Member States shall establish financing instruments including public guarantees in their National Energy Efficiency Funds to increase the uptake of private investments in energy efficiency and of the energy efficiency lending products and innovative schemes referred to in paragraph 3 of this Article
  .
  Pursuant
  to Article 8(3) and Article 22
  , the National Energy Efficiency Fund shall support the implementation of measures
  as a priority among vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing.
  That support shall include financing for energy efficiency measures for SMEs in order to leverage and trigger private financing for SMEs, thereby supporting the implementation of
  national energy efficiency measures to support Member States in meeting their national energy efficiency contributions and their indicative trajectories referred to in Article 4(2). [The
  National
  Energy Efficiency ▌Fund may be financed with revenues from the allowance auctions pursuant to the EU Emission Trading System on buildings and transport sectors.]

10.   Member States may allow public bodies to fulfil the obligations set out in Article 6(1) by means of annual contributions to the Energy Efficiency National Fund equivalent to the amount of the investments required to achieve those obligations.

11.   Member States may provide that obligated parties can fulfil their obligations set out in Article 8(1) and (4) by contributing annually to the Energy Efficiency National Fund an amount equal to the investments required to achieve those obligations.

12.   Member States may use their revenues from annual emission allocations under Decision No 406/2009/EC for the development of innovative financing for energy efficiency improvements.

12a.
     
  The Commission shall assess the effectiveness and efficiency of energy efficiency investment measures implemented in the Member States and their capacity to increase the uptake of private investments in energy efficiency while also taking into account public financing needs expressed in the National Energy and Climate Plans. The Commission shall evaluate whether an energy efficiency mechanism at Union level, with the objective to provide an EU guarantee, technical assistance, including one stop shops, and associated grants to enable the implementation of financial instruments, and financing and support schemes at national level, could support in a cost-effective way the achievement of the Union energy efficiency and climate targets, and, if appropriate, propose the establishment of such a mechanism.

To that end, the Commission shall submit by ... [30 March 2024] a report to the European Parliament and the Council, which shall be accompanied, if appropriate, by a legislative proposal.

12b.
     
  Member States shall report to the Commission by ... [15 March 2025] and every two years thereafter, as part of their integrated national energy and climate progress reports in accordance with Articles 17 and 21 of Regulation (EU) 2018/1999 the following data:

| (a) | an estimation of the volume of public and private investments on energy efficiency, including investments via energy performance contracting and the leverage factor achieved by public funding supporting energy efficiency measures; |
| --- | --- |

(a)

an estimation of the volume of public and private investments on energy efficiency, including investments via energy performance contracting and the leverage factor achieved by public funding supporting energy efficiency measures;

| (b) | the volume of energy efficiency lending products, differentiating between secured and unsecured lending products; |
| --- | --- |

(b)

the volume of energy efficiency lending products, differentiating between secured and unsecured lending products;

| (c) | national financing programmes put in place to increase uptake of energy efficiency and best practices, and innovative financing schemes for energy efficiency. |
| --- | --- |

(c)

national financing programmes put in place to increase uptake of energy efficiency and best practices, and innovative financing schemes for energy efficiency.

To facilitate the preparation of the report referred to in the first subparagraph, the Commission shall provide a common template to Member States by ... [15 March 2024]. Member States shall include an annex to their integrated national energy and climate progress reports, drawn up in accordance with that template.

Article 29

Conversion factors and primary energy factors

1.   For the purpose of comparison of energy savings and conversion to a comparable unit, the net calorific values in Annex VI of Commission Implementing Regulation (EU) 2018/2066 (71) and the primary energy factors set out in paragraph 2 shall apply unless the use of other values or factors can be justified.

2.   A primary energy factor shall be applicable when energy savings are calculated in primary energy terms using a bottom-up approach based on final energy consumption.

3.   For savings in kWh electricity, Member States shall apply a coefficient in order to accurately calculate the resulting primary energy consumption savings. Member States shall apply a default coefficient of 2,1 unless they use their discretion to define a different coefficient based upon justified national circumstances.

4.   For savings in kWh of other energy carriers, Member States shall apply a coefficient in order to accurately calculate the resulting primary energy consumption savings.

5.   Where Member States establish their own coefficient to a default value provided pursuant to this Directive, Member States shall establish this through a transparent methodology on the basis of national
  or local
  circumstances affecting primary energy consumption. The circumstances shall be substantiated, verifiable and based on objective and non-discriminatory criteria.

6.   Where establishing an own coefficient, Member States shall take into account the energy mix included in the update of their integrated national energy and climate plans and subsequent integrated National Energy and Climate Plan to be notified to the Commission in accordance with Regulation (EU) 2018/1999. If they deviate from the default value Member States shall notify the coefficient that they use to the Commission along with the calculation methodology and underlying data in the update of their integrated National Energy and Climate Plans and subsequent integrated National Energy and Climate Plans in accordance with Regulation (EU) 2018/1999.

7.   By 25 December 2022 and every four years thereafter, the Commission shall revise the default coefficient on the basis of observed data. That revision shall be carried out taking into account its effects on other Union law such as Directive 2009/125/EC and Regulation (EU) 2017/1369.
  The methodology shall be regularly assessed to ensure that energy savings lead to the highest level of greenhouse gas emission reductions while contributing to the phasing out of fossil fuels.

CHAPTER VII

CHAPTER VII

FINAL PROVISIONS

FINAL PROVISIONS

Article 30

Penalties

Member States shall lay down the rules on penalties applicable in case of non-compliance with the national provisions adopted pursuant to this Directive and shall take the necessary measures to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [transposition date] and shall notify it without delay of any subsequent amendment affecting them.

Article 31

Delegated acts

1.   The Commission is empowered to adopt delegated acts in accordance with Article 32 concerning the review of the harmonised efficiency reference values referred to in the second subparagraph of Article 24(10).

2.   The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend or supplement this Directive by adapting to technical progress the values, calculation methods, default primary energy coefficients and requirements referred to in Article 29, Annexes II, III, V, VII to XI, and XIII.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend or supplement this Directive by establishing, after having consulted the relevant stakeholders, a common Union scheme for rating the sustainability of data centres located in its territory,
  within a month after the entry into force of the Directive
  . The scheme shall establish the definition of data centre sustainability indicators, and, pursuant to Article
  11a
  of this Directive, define the minimum thresholds for significant energy consumption and set out the key indicators and the methodology to measure them.

Article 32

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 31 shall be conferred on the Commission for a period of five years from [date of publication in OJ]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Article 31 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.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Article 31 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 33

Review and monitoring of implementation

1.   In the context of the State of the Energy Union report, the Commission shall report on the functioning of the carbon market in accordance with Article 35(1) and point (c) of Article 35(2) of Regulation (EU) 2018/1999, taking into consideration the effects of the implementation of this Directive.

2.   By 31 October 2025 and every four years thereafter, the Commission shall evaluate the existing measures to achieve energy efficiency increase and decarbonisation in heating and cooling. The evaluation shall take into account:

| (a) | Energy efficiency and greenhouse gases emissions trends in heating and cooling, including in district heating and cooling; |
| --- | --- |

(a)

Energy efficiency and greenhouse gases emissions trends in heating and cooling, including in district heating and cooling;

| (b) | Interlinkages between measures taken; |
| --- | --- |

(b)

Interlinkages between measures taken;

| (c) | Changes in energy efficiency and greenhouse gas emissions in the heating and cooling; |
| --- | --- |

(c)

Changes in energy efficiency and greenhouse gas emissions in the heating and cooling;

| (d) | Existing and planned energy efficiency policies and measures and greenhouse gas reduction policies and measures at national and EU level, and |
| --- | --- |

(d)

Existing and planned energy efficiency policies and measures and greenhouse gas reduction policies and measures at national and EU level, and

| (e) | Measures Member States provided in their comprehensive assessments pursuant to Article 23(1) of this Directive and notified in accordance with Article 17 (1) of Regulation (EU) 2018/1999. |
| --- | --- |

(e)

Measures Member States provided in their comprehensive assessments pursuant to Article 23(1) of this Directive and notified in accordance with Article 17 (1) of Regulation (EU) 2018/1999.

By the dates referred to in the first subparagraph, the
  Commission
  shall submit a report to the European Parliament and the Council on that evaluation and
  propose, if appropriate, measures to ensure the achievement of the Union's climate energy targets.

3.   Member States shall submit to the Commission before 30 April each year statistics on national electricity and heat production from high and low efficiency cogeneration, in accordance with the methodology shown in Annex II, in relation to total heat and electricity production. They shall also submit annual statistics on cogeneration heat and electricity capacities and fuels for cogeneration, and on district heating and cooling production and capacities, in relation to total heat and electricity production and capacities. Member States shall submit statistics on primary energy savings achieved by application of cogeneration in accordance with the methodology shown in Annex III.

4.   By 1 January 2021, the Commission shall carry out an assessment of the potential for energy efficiency in conversion, transformation, transmission, transportation and storage of energy, and shall submit a report to the European Parliament and to the Council. That report shall, if appropriate, be accompanied by legislative proposals.

5.   Subject to any changes to the retail market provisions of Directive 2009/73/EC, by 31 December 2021, the Commission shall carry out an assessment, and submit a report to the European Parliament and to the Council, on the provisions related to metering, billing and consumer information for natural gas, with the aim of aligning them, where appropriate, with the relevant provisions for electricity in Directive (EU) 2019/944, in order to strengthen consumer protection and enable final customers to receive more frequent, clear and up-to-date information about their natural gas consumption and to regulate their energy use. As soon as possible after submission of that report, the Commission shall, where appropriate, adopt legislative proposals.

6.   By 31 October 2022, the Commission shall assess whether the Union has achieved its 2020 headline target on energy efficiency.

7.   By 28 February 2027, and every five years thereafter, the Commission shall evaluate this Directive and submit a report to the European Parliament and to the Council.

That evaluation shall include:

| (a) | an assessment of the general effectiveness of this Directive and the need to adjust further the Union's energy efficiency policy in accordance with the objectives of the 2015 Paris Agreement and in the light of economic and innovation developments; |
| --- | --- |

(a)

an assessment of the general effectiveness of this Directive and the need to adjust further the Union's energy efficiency policy in accordance with the objectives of the 2015 Paris Agreement and in the light of economic and innovation developments;

| (aa) | a comprehensive assessment of the aggregated macroeconomic impact of this Directive, with an emphasis on the effects on the Union’s energy security, energy prices, minimising energy poverty, economic growth, competitiveness, job creation, mobility cost and household purchasing power; |
| --- | --- |

(aa)

a comprehensive assessment of the aggregated macroeconomic impact of this Directive, with an emphasis on the effects on the Union’s energy security, energy prices, minimising energy poverty, economic growth, competitiveness, job creation, mobility cost and household purchasing power;

| (b) | the Union's 2030 headline targets on energy efficiency set out in Article 4(1) with a view to revising those that targets upwards in the event of substantial cost reductions resulting from economic or technological developments, or where needed to meet the Union's decarbonisation targets for 2040 or 2050, or its international commitments for decarbonisation; |
| --- | --- |

(b)

the Union's 2030 headline targets on energy efficiency set out in Article 4(1) with a view to revising those that targets upwards in the event of substantial cost reductions resulting from economic or technological developments, or where needed to meet the Union's decarbonisation targets for 2040 or 2050, or its international commitments for decarbonisation;

| (c) | if Member States shall continue to achieve new annual savings in accordance with point (c) of the first subparagraph of Article 8 for the ten-year periods after 2030; |
| --- | --- |

(c)

if Member States shall continue to achieve new annual savings in accordance with point (c) of the first subparagraph of Article 8 for the ten-year periods after 2030;

| (d) | if Member States shall continue to ensure that at least 3 % of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year in accordance with paragraph 1 of Article 6 with a view to revising the renovation rate in that Article; |
| --- | --- |

(d)

if Member States shall continue to ensure that at least 3 % of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year in accordance with paragraph 1 of Article 6 with a view to revising the renovation rate in that Article;

| (e) | if Member States shall continue to achieve a share of energy savings among vulnerable customers, people affected by energy poverty, and, where applicable, people living in social housing, in accordance with paragraph 3 of Article 8 for the ten-year periods after 2030; |
| --- | --- |

(e)

if Member States shall continue to achieve a share of energy savings among vulnerable customers, people affected by energy poverty, and, where applicable, people living in social housing, in accordance with paragraph 3 of Article 8 for the ten-year periods after 2030;

| (f) | if Member States shall continue to achieve a reduction of final energy consumption in accordance with Article 5(1). |
| --- | --- |

(f)

if Member States shall continue to achieve a reduction of final energy consumption in accordance with Article 5(1).

That report shall be accompanied
  by a comprehensive assessment of whether there is a need to revise this Directive in the interest of regulatory simplification and
  , where appropriate, by proposals for further measures.
  The Commission shall continuously adapt to administrative procedural best practices and shall take all measures to simplify the implementation of this Directive, keeping administrative burdens to a minimum.

Article 34

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 4 of Regulation (EU) No 182/2011 shall apply.

Article 35

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles [...] and Annexes [...] [articles and annexes which have been amended in substance by comparison with the repealed Directive] by [...].

They shall immediately communicate the text of those measures to the Commission.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 36

Repeal

Directive 2012/27/EU, as amended by the acts listed in Annex XV, Part A, is repealed with effect from [...] [the day after the date in the first subparagraph of Article 35(1)], without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the Directives set out in Annex XV, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XVI.

Article 37

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Articles [...] and Annexes [...] [articles and annexes which are unchanged by comparison with the repealed Directive] shall apply from [...] [the day after the date in the first subparagraph of Article 35(1)].

Article 38

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament

The President

For the Council

The President

ANNEX I

NATIONAL CONTRIBUTIONS TO THE UNION’S ENERGY EFFCIENCY TARGETS IN 2030 IN FINAL AND/OR PRIMARY ENERGY CONSUMPTION

| 1. | The level of national contributions is calculated based on the ▌formula:


  C1252023EN16610120220913EN0016.000116621661P9_TC1-COD(2021)0275Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Directive (EU) 2022/... of the European Parliament and of the Council on uniform procedures for checks on the transport of dangerous goods by road (codification)(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2022/1999.)C1252023EN17110120220913EN0020.000117121711P9_TC1-COD(2021)0343Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council amending Regulation (EU) No 575/2013 and Directive 2014/59/EU as regards the prudential treatment of global systemically important institutions with a multiple-point-of-entry resolution strategy and methods for the indirect subscription of instruments eligible for meeting the minimum requirement for own funds and eligible liabilities(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/2036.)C1252023EN29310120220913EN0023.000129322931P9_TC1-COD(2022)0035Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/2037.)C1252023EN29410120220913EN0024.000129422941P9_TC1-COD(2021)0103Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/2056.)C1252023EN39710120220914EN0026.000139723971P9_TC1-COD(2020)0310Position of the European Parliament adopted at first reading on 14 September 2022 with a view to the adoption of Directive (EU) 2022/... of the European Parliament and of the Council on adequate minimum wages in the European Union(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2022/2041.)C1252023EN46210120220915EN0028.000146224621P9_TC1-COD(2022)0281Position of the European Parliament adopted at first reading on 15 September 2022 with a view to the adoption of Decision (EU) 2022/... of the European Parliament and of the Council providing exceptional macro-financial assistance to Ukraine, reinforcing the common provisioning fund by guarantees by Member States and by specific provisioning for some financial liabilities related to Ukraine guaranteed under Decision No 466/2014/EU, and amending Decision (EU) 2022/1201(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2022/1628.)

  Where CEU
  is a correction factor
  set by the Commission after Member States have reported the target
  , Target is the level of national-specific ambition and FECB2030 PECB2030
  is the 2020 Reference Scenario used as a baseline for 2030. |
| --- | --- |

1.

Image 1C1252023EN16610120220913EN0016.000116621661P9_TC1-COD(2021)0275Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Directive (EU) 2022/... of the European Parliament and of the Council on uniform procedures for checks on the transport of dangerous goods by road (codification)(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2022/1999.)C1252023EN17110120220913EN0020.000117121711P9_TC1-COD(2021)0343Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council amending Regulation (EU) No 575/2013 and Directive 2014/59/EU as regards the prudential treatment of global systemically important institutions with a multiple-point-of-entry resolution strategy and methods for the indirect subscription of instruments eligible for meeting the minimum requirement for own funds and eligible liabilities(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/2036.)C1252023EN29310120220913EN0023.000129322931P9_TC1-COD(2022)0035Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/2037.)C1252023EN29410120220913EN0024.000129422941P9_TC1-COD(2021)0103Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/2056.)C1252023EN39710120220914EN0026.000139723971P9_TC1-COD(2020)0310Position of the European Parliament adopted at first reading on 14 September 2022 with a view to the adoption of Directive (EU) 2022/... of the European Parliament and of the Council on adequate minimum wages in the European Union(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2022/2041.)C1252023EN46210120220915EN0028.000146224621P9_TC1-COD(2022)0281Position of the European Parliament adopted at first reading on 15 September 2022 with a view to the adoption of Decision (EU) 2022/... of the European Parliament and of the Council providing exceptional macro-financial assistance to Ukraine, reinforcing the common provisioning fund by guarantees by Member States and by specific provisioning for some financial liabilities related to Ukraine guaranteed under Decision No 466/2014/EU, and amending Decision (EU) 2022/1201(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2022/1628.)

Where CEU
  is a correction factor
  set by the Commission after Member States have reported the target
  , Target is the level of national-specific ambition and FECB2030 PECB2030
  is the 2020 Reference Scenario used as a baseline for 2030.

| 2. | The following ▌formula represents the objective criteria reflecting the factors listed in points (d) (i) to (iv) of Article 4(2), each used for defining the level of national-specific ambition in % (Target) and having the same weight in the formula (0,25):






  a) | a flat rate contribution (‘Fflat’); |
| --- | --- | --- |

2.

a)

a flat rate contribution (‘Fflat’);

| b) | GDP-per-capita dependent contribution (‘Fwealth’); |
| --- | --- |

b)

GDP-per-capita dependent contribution (‘Fwealth’);

| c) | energy intensity dependent contribution (‘Fintensity’); |
| --- | --- |

c)

energy intensity dependent contribution (‘Fintensity’);

| d) | cost-effective energy savings potential contribution (‘Fpotential’). |
| --- | --- |

d)

cost-effective energy savings potential contribution (‘Fpotential’).

| 3. | Fflat represents the 2030 Union target that includes the additional efforts needed to reach the Union’s energy efficiency targets in FEC and PEC compared to the
  2007
  Reference Scenario projections for 2030. |
| --- | --- |

3.

| 4. | Fwealth shall be calculated for each Member State based on its three-year average Eurostat's real GDP per capita index to the Union’s three-year average over the 2017-2019 period, expressed in Purchasing power parities (PPPs). |
| --- | --- |

4.

| 5. | Fintensity shall be calculated for each Member State based on its three-year average final energy intensity (FEC or PEC per real GDP in PPPs) index to the Union’s three-year average over 2017-2019 period. |
| --- | --- |

5.

| 6. | Fpotential shall be calculated for each Member State based on the final or primary energy savings under the PRIMES MIX 55 % scenario for 2030. The savings are expressed in relation to
  2007
  Reference Scenario projections for 2030. |
| --- | --- |

6.

| 7. | For each criteria provided in point 2(a) to (d), a lower and upper limit shall be applied. The level of ambition for each factor shall be capped at 50 % and 150 % of the Union average level of ambition under a given factor. |
| --- | --- |

7.

| 8. | The source of the input data used to calculate the factors is Eurostat unless stated otherwise. |
| --- | --- |

8.

| 9. | Ftotal shall be calculated as the weighted sum of all four factors (Fflat. Fwealth Fintensity and Fpotential). The target shall be then calculated as the product of the total factor Ftotal and the EU target. |
| --- | --- |

9.

| 10. | The Commission shall determine a
  primary and final energy correction factor CEU

  , which
  shall be applied to all Member States’ target allocations
  to calibrate the sum of all national contributions to the Union primary and final energy consumption targets in 2030. The factor CEU is identical for all Member States. |
| --- | --- |

10.

ANNEX II

GENERAL PRINCIPLES FOR THE CALCULATION OF ELECTRICITY FROM COGENERATION

Part I

General principles

Values used for calculation of electricity from cogeneration shall be determined on the basis of the expected or actual operation of the unit under normal conditions of use. For micro- cogeneration units the calculation may be based on certified values.

| (a) | Electricity production from cogeneration shall be considered equal to total annual electricity production of the unit measured at the outlet of the main generators if following conditions are met:






  (i) | in cogeneration units of types (b), (d), (e), (f), (g) and (h) referred to in Part II with an annual overall efficiency set by Member States at a level of at least 75 %; |
| --- | --- | --- |

(a)

Electricity production from cogeneration shall be considered equal to total annual electricity production of the unit measured at the outlet of the main generators if following conditions are met:

(i)

in cogeneration units of types (b), (d), (e), (f), (g) and (h) referred to in Part II with an annual overall efficiency set by Member States at a level of at least 75 %;

| (ii) | in cogeneration units of types (a) and (c) referred to in Part II with an annual overall efficiency set by Member States at a level of at least 80 %. |
| --- | --- |

(ii)

in cogeneration units of types (a) and (c) referred to in Part II with an annual overall efficiency set by Member States at a level of at least 80 %.

| (b) | In cogeneration units with an annual overall efficiency below the value referred to in point (a)(i) (cogeneration units of types (b), (d), (e), (f), (g), and (h) referred to in Part II) or with an annual overall efficiency below the value referred to in point (a)(ii) (cogeneration units of types (a) and (c) referred to in Part II) electricity from cogeneration is calculated according to the following formula:
  ECHP=HCHP*C
  where:
  ECHP is the amount of electricity from cogeneration;
  C is the power-to-heat ratio;
  HCHP is the amount of useful heat from cogeneration (calculated for this purpose as total heat production minus any heat produced in separate boilers or by live steam extraction from the steam generator before the turbine).
  The calculation of electricity from cogeneration must be based on the actual power-to-heat ratio. If the actual power-to-heat ratio of a cogeneration unit is not known, the following default values may be used, in particular for statistical purposes, for units of types (a), (b), (c), (d) and (e) referred to in Part II provided that the calculated cogeneration electricity is less or equal to total electricity production of the unit:






  Type of the unit | Default power to heat ratio, C |
| --- | --- | --- |
| Combined cycle gas turbine with heat recovery | 0,95 |
| Steam back pressure turbine | 0,45 |
| Steam condensing extraction turbine | 0,45 |
| Gas turbine with heat recovery | 0,55 |
| Internal combustion engine | 0,75 |

(b)

In cogeneration units with an annual overall efficiency below the value referred to in point (a)(i) (cogeneration units of types (b), (d), (e), (f), (g), and (h) referred to in Part II) or with an annual overall efficiency below the value referred to in point (a)(ii) (cogeneration units of types (a) and (c) referred to in Part II) electricity from cogeneration is calculated according to the following formula:

ECHP=HCHP*C

where:

ECHP is the amount of electricity from cogeneration;

C is the power-to-heat ratio;

HCHP is the amount of useful heat from cogeneration (calculated for this purpose as total heat production minus any heat produced in separate boilers or by live steam extraction from the steam generator before the turbine).

The calculation of electricity from cogeneration must be based on the actual power-to-heat ratio. If the actual power-to-heat ratio of a cogeneration unit is not known, the following default values may be used, in particular for statistical purposes, for units of types (a), (b), (c), (d) and (e) referred to in Part II provided that the calculated cogeneration electricity is less or equal to total electricity production of the unit:

Type of the unit

Default power to heat ratio, C

Combined cycle gas turbine with heat recovery

0,95

Steam back pressure turbine

0,45

Steam condensing extraction turbine

0,45

Gas turbine with heat recovery

0,55

Internal combustion engine

0,75

If Member States introduce default values for power-to-heat ratios for units of types (f), (g), (h), (i), (j) and (k) referred to in Part II, such default values shall be published and shall be notified to the Commission.

| (c) | If a share of the energy content of the fuel input to the cogeneration process is recovered in chemicals and recycled this share can be subtracted from the fuel input before calculating the overall efficiency used in points (a) and (b). |
| --- | --- |

(c)

If a share of the energy content of the fuel input to the cogeneration process is recovered in chemicals and recycled this share can be subtracted from the fuel input before calculating the overall efficiency used in points (a) and (b).

| (d) | Member States may determine the power-to-heat ratio as the ratio of electricity to useful heat when operating in cogeneration mode at a lower capacity using operational data of the specific unit. |
| --- | --- |

(d)

Member States may determine the power-to-heat ratio as the ratio of electricity to useful heat when operating in cogeneration mode at a lower capacity using operational data of the specific unit.

| (e) | Member States may use other reporting periods than one year for the purpose of the calculations according to points (a) and (b). |
| --- | --- |

(e)

Member States may use other reporting periods than one year for the purpose of the calculations according to points (a) and (b).

Part II

Cogeneration technologies covered by this Directive

| (a) | Combined cycle gas turbine with heat recovery |
| --- | --- |

(a)

Combined cycle gas turbine with heat recovery

| (b) | Steam back pressure turbine |
| --- | --- |

(b)

Steam back pressure turbine

| (c) | Steam condensing extraction turbine |
| --- | --- |

(c)

Steam condensing extraction turbine

| (d) | Gas turbine with heat recovery |
| --- | --- |

(d)

Gas turbine with heat recovery

| (e) | Internal combustion engine |
| --- | --- |

(e)

Internal combustion engine

| (f) | Microturbines |
| --- | --- |

(f)

Microturbines

| (g) | Stirling engines |
| --- | --- |

(g)

Stirling engines

| (h) | Fuel cells |
| --- | --- |

(h)

Fuel cells

| (i) | Steam engines |
| --- | --- |

(i)

Steam engines

| (j) | Organic Rankine cycles |
| --- | --- |

(j)

Organic Rankine cycles

| (k) | Any other type of technology or combination thereof falling under the definition laid down in point (32) of Article 2. |
| --- | --- |

(k)

Any other type of technology or combination thereof falling under the definition laid down in point (32) of Article 2.

When implementing and applying the general principles for the calculation of electricity from cogeneration, Member States shall use the detailed Guidelines established by Commission Decision 2008/952/EC (72).

ANNEX III

METHODOLOGY FOR DETERMINING THE EFFICIENCY OF THE COGENERATION PROCESS

Values used for calculation of efficiency of cogeneration and primary energy savings shall be determined on the basis of the expected or actual operation of the unit under normal conditions of use.

(a)   High-efficiency cogeneration

For the purpose of this Directive high-efficiency cogeneration shall fulfil the following criteria:

| — | cogeneration production from cogeneration units shall provide primary energy savings calculated according to point (b) of at least 10 % compared with the references for separate production of heat and electricity; |
| --- | --- |

—

cogeneration production from cogeneration units shall provide primary energy savings calculated according to point (b) of at least 10 % compared with the references for separate production of heat and electricity;

| — | production from small-scale and micro-cogeneration units providing primary energy savings may qualify as high-efficiency cogeneration; |
| --- | --- |

—

production from small-scale and micro-cogeneration units providing primary energy savings may qualify as high-efficiency cogeneration;

| — | direct emissions of the carbon dioxide from cogeneration production that is fuelled with fossil fuels, are less than 270 gCO2 per 1 kWh of energy output from the combined generation (including heating/cooling, power and mechanical energy). |
| --- | --- |

—

direct emissions of the carbon dioxide from cogeneration production that is fuelled with fossil fuels, are less than 270 gCO2 per 1 kWh of energy output from the combined generation (including heating/cooling, power and mechanical energy).

| — | When a cogeneration unit is built or substantially refurbished, Member States shall ensure that there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels other than natural gas. |
| --- | --- |

—

When a cogeneration unit is built or substantially refurbished, Member States shall ensure that there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels other than natural gas.

(b)   Calculation of primary energy savings

The amount of primary energy savings provided by cogeneration production defined in accordance with Annex II shall be calculated on the basis of the following formula:

Image 2C1252023EN16610120220913EN0016.000116621661P9_TC1-COD(2021)0275Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Directive (EU) 2022/... of the European Parliament and of the Council on uniform procedures for checks on the transport of dangerous goods by road (codification)(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2022/1999.)C1252023EN17110120220913EN0020.000117121711P9_TC1-COD(2021)0343Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council amending Regulation (EU) No 575/2013 and Directive 2014/59/EU as regards the prudential treatment of global systemically important institutions with a multiple-point-of-entry resolution strategy and methods for the indirect subscription of instruments eligible for meeting the minimum requirement for own funds and eligible liabilities(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/2036.)C1252023EN29310120220913EN0023.000129322931P9_TC1-COD(2022)0035Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/2037.)C1252023EN29410120220913EN0024.000129422941P9_TC1-COD(2021)0103Position of the European Parliament adopted at first reading on 13 September 2022 with a view to the adoption of Regulation (EU) 2022/... of the European Parliament and of the Council laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/2056.)C1252023EN39710120220914EN0026.000139723971P9_TC1-COD(2020)0310Position of the European Parliament adopted at first reading on 14 September 2022 with a view to the adoption of Directive (EU) 2022/... of the European Parliament and of the Council on adequate minimum wages in the European Union(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2022/2041.)C1252023EN46210120220915EN0028.000146224621P9_TC1-COD(2022)0281Position of the European Parliament adopted at first reading on 15 September 2022 with a view to the adoption of Decision (EU) 2022/... of the European Parliament and of the Council providing exceptional macro-financial assistance to Ukraine, reinforcing the common provisioning fund by guarantees by Member States and by specific provisioning for some financial liabilities related to Ukraine guaranteed under Decision No 466/2014/EU, and amending Decision (EU) 2022/1201(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2022/1628.)

Where:

PES is primary energy savings.

CHP Hη is the heat efficiency of the cogeneration production defined as annual useful heat output divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration.

Ref Hη is the efficiency reference value for separate heat production.

CHP Eη is the electrical efficiency of the cogeneration production defined as annual electricity from cogeneration divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration. Where a cogeneration unit generates mechanical energy, the annual electricity from cogeneration may be increased by an additional element representing the amount of electricity which is equivalent to that of mechanical energy. This additional element does not create a right to issue guarantees of origin in accordance with Article 24(10).

Ref Eη is the efficiency reference value for separate electricity production.

(c)   Calculations of energy savings using alternative calculation

Member States may calculate primary energy savings from a production of heat and electricity and mechanical energy as indicated below without applying Annex II to exclude the non-cogenerated heat and electricity parts of the same process. Such a production can be regarded as high-efficiency cogeneration provided it fulfils the efficiency criteria in point (a) of this Annex and, for cogeneration units with an electrical capacity larger than 25 MW, the overall efficiency is above 70 %. However, specification of the quantity of electricity from cogeneration produced in such a production, for issuing a guarantee of origin and for statistical purposes, shall be determined in accordance with Annex II.

If primary energy savings for a process are calculated using alternative calculation as indicated above the primary energy savings shall be calculated using the formula in point (b) of this Annex replacing: ‘CHP Hη’ with ‘Hη’ and ‘CHP Eη’ with ‘Eη’, where:

Hη shall mean the heat efficiency of the process, defined as the annual heat output divided by the fuel input used to produce the sum of heat output and electricity output.

Eη shall mean the electricity efficiency of the process, defined as the annual electricity output divided by the fuel input used to produce the sum of heat output and electricity output. Where a cogeneration unit generates mechanical energy, the annual electricity from cogeneration may be increased by an additional element representing the amount of electricity which is equivalent to that of mechanical energy. This additional element will not create a right to issue guarantees of origin in accordance with Article 24(10).

| (d) | Member States may use other reporting periods than one year for the purpose of the calculations according to points (b) and (c) of this Annex. |
| --- | --- |

(d)

Member States may use other reporting periods than one year for the purpose of the calculations according to points (b) and (c) of this Annex.

| (e) | For micro-cogeneration units the calculation of primary energy savings may be based on certified data. |
| --- | --- |

(e)

For micro-cogeneration units the calculation of primary energy savings may be based on certified data.

(f)   Efficiency reference values for separate production of heat and electricity

The harmonised efficiency reference values shall consist of a matrix of values differentiated by relevant factors, including year of construction and types of fuel, and must be based on a well-documented analysis taking, inter alia, into account data from operational use under realistic conditions, fuel mix and climate conditions as well as applied cogeneration technologies.

The efficiency reference values for separate production of heat and electricity in accordance with the formula set out in point (b) shall establish the operating efficiency of the separate heat and electricity production that cogeneration is intended to substitute.

The efficiency reference values shall be calculated according to the following principles:

| (i) | for cogeneration units the comparison with separate electricity production shall be based on the principle that the same fuel categories are compared; |
| --- | --- |

(i)

for cogeneration units the comparison with separate electricity production shall be based on the principle that the same fuel categories are compared;

| (ii) | each cogeneration unit shall be compared with the best available and economically justifiable technology for separate production of heat and electricity on the market in the year of construction of the cogeneration unit; |
| --- | --- |

(ii)

each cogeneration unit shall be compared with the best available and economically justifiable technology for separate production of heat and electricity on the market in the year of construction of the cogeneration unit;

| (iii) | the efficiency reference values for cogeneration units older than 10 years of age shall be fixed on the reference values of units of 10 years of age; |
| --- | --- |

(iii)

the efficiency reference values for cogeneration units older than 10 years of age shall be fixed on the reference values of units of 10 years of age;

| (iv) | the efficiency reference values for separate electricity production and heat production shall reflect the climatic differences between Member States. |
| --- | --- |

(iv)

the efficiency reference values for separate electricity production and heat production shall reflect the climatic differences between Member States.

ANNEX IV

ENERGY EFFICIENCY REQUIREMENTS FOR PUBLIC PROCUREMENT

In award procedures for public contracts and concessions, contracting authorities and contracting entities that purchase products, services, buildings and works, shall:

| (a) | where a product is covered by a delegated act adopted under Regulation (EU) 2017/1369 or by a related Commission implementing directive, purchase only the products that comply with the criterion laid down in Article 7(2) of that Regulation; |
| --- | --- |

(a)

where a product is covered by a delegated act adopted under Regulation (EU) 2017/1369 or by a related Commission implementing directive, purchase only the products that comply with the criterion laid down in Article 7(2) of that Regulation;

| (b) | where a product not covered under point (a) is covered by an implementing measure under Directive 2009/125/EC adopted after the entry into force of this Directive, purchase only products that comply with energy efficiency benchmarks specified in that implementing measure; |
| --- | --- |

(b)

where a product not covered under point (a) is covered by an implementing measure under Directive 2009/125/EC adopted after the entry into force of this Directive, purchase only products that comply with energy efficiency benchmarks specified in that implementing measure;

| (c) | where a product or a service is covered by the Union green public procurement criteria, with relevance to energy efficiency of the product or service, make best efforts to purchase only products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria including among others for data centres, server rooms and cloud services, Union green public procurement criteria for road lighting and traffic signals, Union green public procurement criteria for computers, monitors tablets and smartphones; |
| --- | --- |

(c)

where a product or a service is covered by the Union green public procurement criteria, with relevance to energy efficiency of the product or service, make best efforts to purchase only products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria including among others for data centres, server rooms and cloud services, Union green public procurement criteria for road lighting and traffic signals, Union green public procurement criteria for computers, monitors tablets and smartphones;

| (d) | purchase only tyres that comply with the criterion of having the highest fuel energy efficiency class, as defined by Regulation (EU) 2020/740 of the European Parliament and of the Council (73). This requirement shall not prevent public bodies from purchasing tyres with the highest wet grip class or external rolling noise class where justified by safety or public health reasons; |
| --- | --- |

(d)

purchase only tyres that comply with the criterion of having the highest fuel energy efficiency class, as defined by Regulation (EU) 2020/740 of the European Parliament and of the Council (73). This requirement shall not prevent public bodies from purchasing tyres with the highest wet grip class or external rolling noise class where justified by safety or public health reasons;

| (e) | require in their tenders for service contracts that service providers use, for the purposes of providing the services in question, only products that comply with the requirements referred to in points (a) , (b) and (d), when providing the services in question. This requirement shall apply only to new products purchased by service providers partially or wholly for the purpose of providing the service in question; |
| --- | --- |

(e)

require in their tenders for service contracts that service providers use, for the purposes of providing the services in question, only products that comply with the requirements referred to in points (a) , (b) and (d), when providing the services in question. This requirement shall apply only to new products purchased by service providers partially or wholly for the purpose of providing the service in question;

| (f) | purchase, or make new rental agreements for, only buildings that comply at least with the minimum energy performance requirements referred to in Article 4(1) of Directive 2010/31/EU unless the purpose of the purchase is:






  (i) | to undertake deep renovation or demolition; |
| --- | --- | --- |

(f)

purchase, or make new rental agreements for, only buildings that comply at least with the minimum energy performance requirements referred to in Article 4(1) of Directive 2010/31/EU unless the purpose of the purchase is:

(i)

to undertake deep renovation or demolition;

| (ii) | in the case of public bodies, to re-sell the building without using it for public body’s own purposes; or |
| --- | --- |

(ii)

in the case of public bodies, to re-sell the building without using it for public body’s own purposes; or

| (iii) | to preserve it as a building officially protected as part of a designated environment, or because of its special architectural or historical merit. |
| --- | --- |

(iii)

to preserve it as a building officially protected as part of a designated environment, or because of its special architectural or historical merit.

Compliance with these requirements shall be verified by means of the energy performance certificates referred to in Article 11 of Directive 2010/31/EU.

ANNEX V

COMMON METHODS AND PRINCIPLES FOR CALCULATING THE IMPACT OF ENERGY EFFICIENCY OBLIGATION SCHEMES OR OTHER POLICY MEASURES UNDER ARTICLES 8, 9 AND 10 AND ARTICLE 28(11)

| 1. | Methods for calculating energy savings other than those arising from taxation measures for the purposes of Articles 8, 9 and 10 and Article 28(11).
  Obligated, participating or entrusted parties, or implementing public authorities, may use the following methods for calculating energy savings:






  (a) | deemed savings, by reference to the results of previous independently monitored energy improvements in similar installations. The generic approach is termed ‘ex ante’; |
| --- | --- | --- |

1.

Obligated, participating or entrusted parties, or implementing public authorities, may use the following methods for calculating energy savings:

(a)

deemed savings, by reference to the results of previous independently monitored energy improvements in similar installations. The generic approach is termed ‘ex ante’;

| (b) | metered savings, whereby the savings from the installation of a measure, or package of measures, are determined by recording the actual reduction in energy use, taking due account of factors such as additionality, occupancy, production levels and the weather which may affect consumption. The generic approach is termed ‘ex post’; |
| --- | --- |

(b)

metered savings, whereby the savings from the installation of a measure, or package of measures, are determined by recording the actual reduction in energy use, taking due account of factors such as additionality, occupancy, production levels and the weather which may affect consumption. The generic approach is termed ‘ex post’;

| (c) | scaled savings, whereby engineering estimates of savings are used. This approach may be used only where establishing robust measured data for a specific installation is difficult or disproportionately expensive, e.g. replacing a compressor or electric motor with a different kWh rating from that for which independent information about savings has been measured, or where those estimates are carried out on the basis of nationally established methodologies and benchmarks by qualified or accredited experts that are independent of the obligated, participating or entrusted parties involved; |
| --- | --- |

(c)

scaled savings, whereby engineering estimates of savings are used. This approach may be used only where establishing robust measured data for a specific installation is difficult or disproportionately expensive, e.g. replacing a compressor or electric motor with a different kWh rating from that for which independent information about savings has been measured, or where those estimates are carried out on the basis of nationally established methodologies and benchmarks by qualified or accredited experts that are independent of the obligated, participating or entrusted parties involved;

| (d) | surveyed savings, where consumers' response to advice, information campaigns, labelling or certification schemes or smart metering is determined. This approach may be used only for savings resulting from changes in consumer behaviour. It shall not be used for savings resulting from the installation of physical measures. |
| --- | --- |

(d)

surveyed savings, where consumers' response to advice, information campaigns, labelling or certification schemes or smart metering is determined. This approach may be used only for savings resulting from changes in consumer behaviour. It shall not be used for savings resulting from the installation of physical measures.

| 2. | In determining the energy savings for an energy efficiency measure for the purposes of Articles 8, 9 and 10 and Article 28(11), the following principles apply:






  (a) | Member States shall demonstrate that the policy measure has been implemented for the purpose of fulfilling the energy savings obligation and achieving end-use energy savings pursuant to Article 8(1). Member States shall provide evidence and their documentation that the energy savings are caused by a policy measure, including voluntary agreements; |
| --- | --- | --- |

2.

(a)

Member States shall demonstrate that the policy measure has been implemented for the purpose of fulfilling the energy savings obligation and achieving end-use energy savings pursuant to Article 8(1). Member States shall provide evidence and their documentation that the energy savings are caused by a policy measure, including voluntary agreements;

| (b) | the savings shall be shown to be additional to those that would have occurred in any event without the activity of the obligated, participating or entrusted parties, or implementing public authorities. To determine the savings that can be claimed as additional, Member States shall have regard to how energy use and demand would evolve in the absence of the policy measure in question by taking into account at least the following factors: energy consumption trends, changes in consumer behaviour, technological progress and changes caused by other measures implemented at Union and national level; |
| --- | --- |

(b)

the savings shall be shown to be additional to those that would have occurred in any event without the activity of the obligated, participating or entrusted parties, or implementing public authorities. To determine the savings that can be claimed as additional, Member States shall have regard to how energy use and demand would evolve in the absence of the policy measure in question by taking into account at least the following factors: energy consumption trends, changes in consumer behaviour, technological progress and changes caused by other measures implemented at Union and national level;

| (c) | savings resulting from the implementation of mandatory Union law shall be considered to be savings that would have occurred in any event, and thus shall not be claimed as energy savings for the purpose of Article 8(1). By way of derogation from that requirement, savings related to the renovation of existing buildings may be claimed as energy savings for the purpose of Article 8(1), provided that the materiality criterion referred to in point 3(h) of this Annex is ensured. Measures promoting energy efficiency improvements in the public sector pursuant to Article 5 and Article 6 may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1), provided that they result in verifiable, and measurable or estimable, end-use energy savings. The calculation of energy savings shall comply with the requirements of this Annex; |
| --- | --- |

(c)

savings resulting from the implementation of mandatory Union law shall be considered to be savings that would have occurred in any event, and thus shall not be claimed as energy savings for the purpose of Article 8(1). By way of derogation from that requirement, savings related to the renovation of existing buildings may be claimed as energy savings for the purpose of Article 8(1), provided that the materiality criterion referred to in point 3(h) of this Annex is ensured. Measures promoting energy efficiency improvements in the public sector pursuant to Article 5 and Article 6 may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1), provided that they result in verifiable, and measurable or estimable, end-use energy savings. The calculation of energy savings shall comply with the requirements of this Annex;

| (d) | measures taken pursuant to Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions can be considered material, but Member States have to show that they result in verifiable and measurable or estimable end-use energy savings. The calculation of energy savings shall comply with the requirements of this Annex; |
| --- | --- |

(d)

measures taken pursuant to Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions can be considered material, but Member States have to show that they result in verifiable and measurable or estimable end-use energy savings. The calculation of energy savings shall comply with the requirements of this Annex;

| (e) | Member States cannot count reduced energy use in sectors, including the transport and building sector, that would have occurred in any event as a result of emission trading pursuant to the EU ETS Directive towards the fulfilment of the energy savings obligation pursuant to Article 8(1). If an entity is an obligated party under a national energy efficiency obligation scheme under Article 9 of this Directive and under the EU Emissions Trading System for buildings and road transport [COM(2021)0551, 2021/0211(COD)], the monitoring and verification system shall ensure that the carbon price passed through when releasing fuel for consumption [according Article 1(21) of COM(2021)0551, 2021/0211(COD)] is taken into account when calculating and reporting the energy savings of its energy saving measures; |
| --- | --- |

(e)

Member States cannot count reduced energy use in sectors, including the transport and building sector, that would have occurred in any event as a result of emission trading pursuant to the EU ETS Directive towards the fulfilment of the energy savings obligation pursuant to Article 8(1). If an entity is an obligated party under a national energy efficiency obligation scheme under Article 9 of this Directive and under the EU Emissions Trading System for buildings and road transport [COM(2021)0551, 2021/0211(COD)], the monitoring and verification system shall ensure that the carbon price passed through when releasing fuel for consumption [according Article 1(21) of COM(2021)0551, 2021/0211(COD)] is taken into account when calculating and reporting the energy savings of its energy saving measures;

| (f) | credit may be given only for savings exceeding the following levels:






  (i) | Union emission performance standards for new passenger cars and new light commercial vehicles following the implementation of Regulation (EU) 2019/631 of the European Parliament and of the Council (74); Member States must provide evidence, their assumptions and their calculation methodology to show additionality to the Union’s new vehicle CO2 requirements; |
| --- | --- | --- |

(f)

credit may be given only for savings exceeding the following levels:

(i)

Union emission performance standards for new passenger cars and new light commercial vehicles following the implementation of Regulation (EU) 2019/631 of the European Parliament and of the Council (74); Member States must provide evidence, their assumptions and their calculation methodology to show additionality to the Union’s new vehicle CO2 requirements;

| (ii) | Union requirements relating to the removal from the market of certain energy related products following the implementation of implementing measures under Directive 2009/125/EC; Member States shall provide evidence, their assumptions and their calculation methodology to show additionality; |
| --- | --- |

(ii)

Union requirements relating to the removal from the market of certain energy related products following the implementation of implementing measures under Directive 2009/125/EC; Member States shall provide evidence, their assumptions and their calculation methodology to show additionality;

| (g) | policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted, except
  for
  those policy measures regarding the use of direct combustion of fossil fuel technologies that are implemented as from
  1 July 2028, and except for those policy measures subsidising the use of direct combustion of fossil fuel technologies in residential buildings as from 1 January 2024. Energy savings as a result of policy measures regarding the use of direct fossil fuel combustion may count towards the fulfilment of energy savings obligation for a maximum amount equivalent to one fourth of energy savings as from 1 January 2024 to 30 June 2028
  ; |
| --- | --- |

(g)

policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted, except
  for
  those policy measures regarding the use of direct combustion of fossil fuel technologies that are implemented as from
  1 July 2028, and except for those policy measures subsidising the use of direct combustion of fossil fuel technologies in residential buildings as from 1 January 2024. Energy savings as a result of policy measures regarding the use of direct fossil fuel combustion may count towards the fulfilment of energy savings obligation for a maximum amount equivalent to one fourth of energy savings as from 1 January 2024 to 30 June 2028
  ;

| (ga) | individual actions regarding the use of direct combustion of fossil fuel technologies are not permitted as from 1 July 2028. Individual actions promoting combinations of technologies are permitted. In the case of individual actions promoting combinations of technologies, the share of energy savings related to the fossil fuel combustion technologies shall not be eligible to be counted as from 1 July 2028; |
| --- | --- |

(ga)

individual actions regarding the use of direct combustion of fossil fuel technologies are not permitted as from 1 July 2028. Individual actions promoting combinations of technologies are permitted. In the case of individual actions promoting combinations of technologies, the share of energy savings related to the fossil fuel combustion technologies shall not be eligible to be counted as from 1 July 2028;

| ▌ | [AM 20] |
| --- | --- |

▌

[AM 20]

| (i) | measures promoting the installation of small-scale renewable energy technologies on or in buildings may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1), provided that they result in verifiable, and measurable or estimable, end-use energy savings. The calculation of energy savings shall comply with the requirements of this Annex; |
| --- | --- |

(i)

measures promoting the installation of small-scale renewable energy technologies on or in buildings may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1), provided that they result in verifiable, and measurable or estimable, end-use energy savings. The calculation of energy savings shall comply with the requirements of this Annex;

| (j) | measures promoting the installation of solar thermal technologies may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1) provided that they result in verifiable, and measurable or estimable, end-use energy savings. The ambient heat captured by solar thermal technologies can be excluded from their end-use energy consumption; |
| --- | --- |

(j)

measures promoting the installation of solar thermal technologies may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1) provided that they result in verifiable, and measurable or estimable, end-use energy savings. The ambient heat captured by solar thermal technologies can be excluded from their end-use energy consumption;

| (k) | for policies that accelerate the uptake of more efficient products and vehicles, except those regarding the use of direct fossil fuel combustion, full credit may be claimed, provided that it is shown that such uptake takes place before expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until end of the average expected lifetime of the product or vehicle to be replaced; |
| --- | --- |

(k)

for policies that accelerate the uptake of more efficient products and vehicles, except those regarding the use of direct fossil fuel combustion, full credit may be claimed, provided that it is shown that such uptake takes place before expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until end of the average expected lifetime of the product or vehicle to be replaced;

| (l) | in promoting the uptake of energy efficiency measures, Member States shall, where relevant, ensure that quality standards for products, services and installation of measures are maintained or introduced where such standards do not exist; |
| --- | --- |

(l)

in promoting the uptake of energy efficiency measures, Member States shall, where relevant, ensure that quality standards for products, services and installation of measures are maintained or introduced where such standards do not exist;

| (m) | to account for climatic variations between regions, Member States may choose to adjust the savings to a standard value or to accord different energy savings in accordance with temperature variations between regions; |
| --- | --- |

(m)

to account for climatic variations between regions, Member States may choose to adjust the savings to a standard value or to accord different energy savings in accordance with temperature variations between regions;

| (n) | the calculation of energy savings shall take into account the lifetime of the measures and the rate at which the savings decline over time. That calculation shall count the savings each individual action will achieve during the period from its date of implementation to the end of each obligation period. Alternatively, Member States may adopt another method that is estimated to achieve at least the same total quantity of savings. When using another method, Member States shall ensure that the total amount of energy savings calculated using that method does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve during the period from its date of implementation to 2030. Member States shall describe in detail in their integrated national energy and climate plans under Regulation (EU) 2018/1999 the other method and the provisions made to ensure that the binding calculation requirement is met. |
| --- | --- |

(n)

the calculation of energy savings shall take into account the lifetime of the measures and the rate at which the savings decline over time. That calculation shall count the savings each individual action will achieve during the period from its date of implementation to the end of each obligation period. Alternatively, Member States may adopt another method that is estimated to achieve at least the same total quantity of savings. When using another method, Member States shall ensure that the total amount of energy savings calculated using that method does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve during the period from its date of implementation to 2030. Member States shall describe in detail in their integrated national energy and climate plans under Regulation (EU) 2018/1999 the other method and the provisions made to ensure that the binding calculation requirement is met.

| 3. | Member States shall ensure that the following requirements for policy measures taken pursuant to Article 10 and Article 28(11) are met:






  (a) | policy measures and individual actions produce verifiable end-use energy savings; |
| --- | --- | --- |

3.

(a)

policy measures and individual actions produce verifiable end-use energy savings;

| (b) | the responsibility of each participating party, entrusted party or implementing public authority, as relevant, is clearly defined; |
| --- | --- |

(b)

the responsibility of each participating party, entrusted party or implementing public authority, as relevant, is clearly defined;

| (c) | the energy savings that are achieved or are to be achieved are determined in a transparent manner; |
| --- | --- |

(c)

the energy savings that are achieved or are to be achieved are determined in a transparent manner;

| (d) | the amount of energy savings required or to be achieved by the policy measure is expressed in either final or primary energy consumption, using the net calorific values or primary energy factors referred to in Article 29; |
| --- | --- |

(d)

the amount of energy savings required or to be achieved by the policy measure is expressed in either final or primary energy consumption, using the net calorific values or primary energy factors referred to in Article 29;

| (e) | an annual report on the energy savings achieved by entrusted parties, participating parties and implementing public authorities be provided and made publicly available, as well as data on the annual trend of energy savings; |
| --- | --- |

(e)

an annual report on the energy savings achieved by entrusted parties, participating parties and implementing public authorities be provided and made publicly available, as well as data on the annual trend of energy savings;

| (f) | monitoring of the results and taking appropriate measures if progress is not satisfactory; |
| --- | --- |

(f)

monitoring of the results and taking appropriate measures if progress is not satisfactory;

| (g) | the energy savings from an individual action are not claimed by more than one party; |
| --- | --- |

(g)

the energy savings from an individual action are not claimed by more than one party;

| (h) | the activities of the participating party, entrusted party or implementing public authority are shown to be material to the achievement of the energy savings claimed; |
| --- | --- |

(h)

the activities of the participating party, entrusted party or implementing public authority are shown to be material to the achievement of the energy savings claimed;

| (i) | the activities of the participating party, entrusted party or implementing public authority have no adverse effects on vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing. |
| --- | --- |

(i)

the activities of the participating party, entrusted party or implementing public authority have no adverse effects on vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing.

| 4. | In determining the energy saving from taxation
  and parafiscal levies
  related policy measures introduced under Article 10, the following principles shall apply:






  (a) | credit shall be given only for energy savings from taxation measures exceeding the minimum levels of taxation applicable to fuels as required in Council Directive 2003/96/EC (75) or 2006/112/EC (76); |
| --- | --- | --- |

4.

(a)

credit shall be given only for energy savings from taxation measures exceeding the minimum levels of taxation applicable to fuels as required in Council Directive 2003/96/EC (75) or 2006/112/EC (76);

| (aa) | credit shall be given only for energy savings from taxation measures and parafiscal levies designed with the purpose of generating energy savings as defined in Article 2, point (7); |
| --- | --- |

(aa)

credit shall be given only for energy savings from taxation measures and parafiscal levies designed with the purpose of generating energy savings as defined in Article 2, point (7);

| (b) | ▌price elasticities for the calculation of the impact of the (energy) taxation measures shall
  be end-user segment specific, including income classes, company types and size
  ,
  and thus
  represent the responsiveness of energy demand to price changes, and shall be estimated on the basis of recent and representative official data sources which are applicable for the Member State, and, where applicable, based on accompanying studies from an independent institute ▌; |
| --- | --- |

(b)

▌price elasticities for the calculation of the impact of the (energy) taxation measures shall
  be end-user segment specific, including income classes, company types and size
  ,
  and thus
  represent the responsiveness of energy demand to price changes, and shall be estimated on the basis of recent and representative official data sources which are applicable for the Member State, and, where applicable, based on accompanying studies from an independent institute ▌;

| (c) | the energy savings from accompanying taxation policy instruments, including fiscal incentives or payment to a fund, shall be accounted separately; |
| --- | --- |

(c)

the energy savings from accompanying taxation policy instruments, including fiscal incentives or payment to a fund, shall be accounted separately;

| (d) | short-run elasticity estimates
  shall
  be used to assess the energy savings from taxation measures to avoid overlap with Union law and other policy measures; |
| --- | --- |

(d)

short-run elasticity estimates
  shall
  be used to assess the energy savings from taxation measures to avoid overlap with Union law and other policy measures;

| (e) | Member States shall determine distributional effects of taxation and equivalent measures on vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing, and show the effects of mitigation measures implemented in accordance with Article 22(1) to (3); |
| --- | --- |

(e)

Member States shall determine distributional effects of taxation and equivalent measures on vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing, and show the effects of mitigation measures implemented in accordance with Article 22(1) to (3);

| (f) | Member States shall provide evidence, including calculation methodologies, that where there is an overlap in the impact of energy or carbon taxation measures or emission trading according the EU ETS Directive [COM(2021)0551, 2021/0211(COD)], there is no double counting of energy savings. |
| --- | --- |

(f)

Member States shall provide evidence, including calculation methodologies, that where there is an overlap in the impact of energy or carbon taxation measures or emission trading according the EU ETS Directive [COM(2021)0551, 2021/0211(COD)], there is no double counting of energy savings.

| 5. | Notification of methodology
  Member States shall in accordance with Regulation (EU) 2018/1999 notify to the Commission their proposed detailed methodology for the operation of the energy efficiency obligation schemes and alternative measures referred to in Articles 9 and 10, and Article 28(11). Except in the case of taxation, such notification shall include details of:






  (a) | the level of the energy savings required under the first subparagraph of Article 8(1) or savings expected to be achieved over the whole period from 1 January 2021 to 31 December 2030; |
| --- | --- | --- |

5.

Member States shall in accordance with Regulation (EU) 2018/1999 notify to the Commission their proposed detailed methodology for the operation of the energy efficiency obligation schemes and alternative measures referred to in Articles 9 and 10, and Article 28(11). Except in the case of taxation, such notification shall include details of:

(a)

the level of the energy savings required under the first subparagraph of Article 8(1) or savings expected to be achieved over the whole period from 1 January 2021 to 31 December 2030;

| (b) | how the calculated quantity of new energy savings required under the first subparagraph of Article 8(1) or energy savings expected to be achieved will be phased over the obligation period; |
| --- | --- |

(b)

how the calculated quantity of new energy savings required under the first subparagraph of Article 8(1) or energy savings expected to be achieved will be phased over the obligation period;

| (c) | the obligated, participating or entrusted parties, or implementing public authorities; |
| --- | --- |

(c)

the obligated, participating or entrusted parties, or implementing public authorities;

| (d) | target sectors; |
| --- | --- |

(d)

target sectors;

| (e) | policy measures and individual actions, including the expected total amount of cumulative energy savings for each measure; |
| --- | --- |

(e)

policy measures and individual actions, including the expected total amount of cumulative energy savings for each measure;

| (f) | information on policy measures or programmes or measures financed under an Energy Efficiency National Fund implemented as a priority among people affected by energy poverty, vulnerable customers, and, where applicable, people living in social housing; |
| --- | --- |

(f)

information on policy measures or programmes or measures financed under an Energy Efficiency National Fund implemented as a priority among people affected by energy poverty, vulnerable customers, and, where applicable, people living in social housing;

| (g) | the share and the amount of energy savings to be achieved among people affected by energy poverty, vulnerable customers, and, where applicable, people living in social housing; |
| --- | --- |

(g)

the share and the amount of energy savings to be achieved among people affected by energy poverty, vulnerable customers, and, where applicable, people living in social housing;

| (h) | where applicable, information about the indicators applied, the arithmetic average share and the outcome of policy measures established according to Article 8(3); |
| --- | --- |

(h)

where applicable, information about the indicators applied, the arithmetic average share and the outcome of policy measures established according to Article 8(3);

| (i) | where applicable, information about impacts and adverse effects of policy measures implemented pursuant to Article 8(3) on people affected by energy poverty, vulnerable customers, and, where applicable, people living in social housing; |
| --- | --- |

(i)

where applicable, information about impacts and adverse effects of policy measures implemented pursuant to Article 8(3) on people affected by energy poverty, vulnerable customers, and, where applicable, people living in social housing;

| (j) | the duration of the obligation period for the energy efficiency obligation scheme; |
| --- | --- |

(j)

the duration of the obligation period for the energy efficiency obligation scheme;

| (k) | where applicable, the amount of energy savings or cost reduction targets to be achieved by obligated parties among people affected by energy poverty, vulnerable customers, and, where applicable, people living in social housing; |
| --- | --- |

(k)

where applicable, the amount of energy savings or cost reduction targets to be achieved by obligated parties among people affected by energy poverty, vulnerable customers, and, where applicable, people living in social housing;

| (l) | the actions provided for by the policy measure; |
| --- | --- |

(l)

the actions provided for by the policy measure;

| (m) | the calculation methodology, including how additionality and materiality have been determined and which methodologies and benchmarks are used for deemed and scaled savings, and, where applicable, the net calorific values and conversion factors used; |
| --- | --- |

(m)

the calculation methodology, including how additionality and materiality have been determined and which methodologies and benchmarks are used for deemed and scaled savings, and, where applicable, the net calorific values and conversion factors used;

| (n) | the lifetimes of measures, and how they are calculated or what they are based upon; |
| --- | --- |

(n)

the lifetimes of measures, and how they are calculated or what they are based upon;

| (o) | the approach taken to address climatic variations within the Member State; |
| --- | --- |

(o)

the approach taken to address climatic variations within the Member State;

| (p) | the monitoring and verification systems for measures under Articles 9 and 10 and how their independence from the obligated, participating or entrusted parties is ensured; |
| --- | --- |

(p)

the monitoring and verification systems for measures under Articles 9 and 10 and how their independence from the obligated, participating or entrusted parties is ensured;

| (q) | in the case of taxation:






  (i) | the target sectors and segment of taxpayers; |
| --- | --- | --- |

(q)

in the case of taxation:

(i)

the target sectors and segment of taxpayers;

| (ii) | the implementing public authority; |
| --- | --- |

(ii)

the implementing public authority;

| (iii) | the savings expected to be achieved; |
| --- | --- |

(iii)

the savings expected to be achieved;

| (iv) | the duration of the taxation measure; |
| --- | --- |

(iv)

the duration of the taxation measure;

| (v) | the calculation methodology, including the price elasticities used and how they have been established; and |
| --- | --- |

(v)

the calculation methodology, including the price elasticities used and how they have been established; and

| (vi) | how overlaps with emission trading in accordance with the EU ETS Directive [COM(2021)0551, 2021/0211(COD)] have been avoided and the risk of double counting has been abolished. |
| --- | --- |

(vi)

how overlaps with emission trading in accordance with the EU ETS Directive [COM(2021)0551, 2021/0211(COD)] have been avoided and the risk of double counting has been abolished.

ANNEX VI

MINIMUM CRITERIA FOR ENERGY AUDITS INCLUDING THOSE CARRIED OUT AS PART OF ENERGY MANAGEMENT SYSTEMS

The energy audits referred to in Article 11 shall be based on the following criteria:

| (a) | be based on up-to-date, measured, traceable operational data on energy consumption and (for electricity) load profiles; |
| --- | --- |

(a)

be based on up-to-date, measured, traceable operational data on energy consumption and (for electricity) load profiles;

| (b) | comprise a detailed review of the energy consumption profile of buildings or groups of buildings, industrial operations or installations, including transportation; |
| --- | --- |

(b)

comprise a detailed review of the energy consumption profile of buildings or groups of buildings, industrial operations or installations, including transportation;

| (c) | identify energy efficiency measures to decrease energy consumption; |
| --- | --- |

(c)

identify energy efficiency measures to decrease energy consumption;

| (d) | identify the potential for cost-effective use or production of renewable energy; |
| --- | --- |

(d)

identify the potential for cost-effective use or production of renewable energy;

| (e) | build, whenever possible, on life-cycle cost analysis (LCCA) instead of Simple Payback Periods (SPP) in order to take account of long-term savings, residual values of long-term investments and discount rates; |
| --- | --- |

(e)

build, whenever possible, on life-cycle cost analysis (LCCA) instead of Simple Payback Periods (SPP) in order to take account of long-term savings, residual values of long-term investments and discount rates;

| (f) | be proportionate, and sufficiently representative to permit the drawing of a reliable picture of overall energy performance and the reliable identification of the most significant opportunities for improvement. |
| --- | --- |

(f)

be proportionate, and sufficiently representative to permit the drawing of a reliable picture of overall energy performance and the reliable identification of the most significant opportunities for improvement.

Energy audits shall allow detailed and validated calculations for the proposed measures so as to provide clear information on potential savings.

The data used in energy audits shall be storable for historical analysis and tracking performance.

▌

ANNEX VIA

MINIMUM REQUIREMENTS FOR MONITORING AND PUBLISHING THE ENERGY PERFORMANCE OF DATA CENTRES

The following minimum information shall be monitored and published with regard to the energy performance of data centres referred to in Article 11a(1):

| (a) | the name of the data centre, the name of the owner and operators of the data centre, the municipality where the data centre is based, except for data centres related to national security and defence; |
| --- | --- |

(a)

the name of the data centre, the name of the owner and operators of the data centre, the municipality where the data centre is based, except for data centres related to national security and defence;

| (b) | the floor area of the data centre; the installed power; the temperature set points; the annual incoming and outgoing data traffic if available to the data centre operator and taking into account the business model and customer type; and the amount of data stored and processed within the data centre when this affects the energy consumption of the data centre; |
| --- | --- |

(b)

the floor area of the data centre; the installed power; the temperature set points; the annual incoming and outgoing data traffic if available to the data centre operator and taking into account the business model and customer type; and the amount of data stored and processed within the data centre when this affects the energy consumption of the data centre;

| (c) | the performance, during the last full calendar year, of the data centre in accordance with the following key performance indicators from CEN/CENELEC EN 50600-4 ‘Information technology — Data centre facilities and infrastructures’, taking due account of the geographical location of the data centre, the demand of heat reuse and the heat infrastructures available, until the entry into force of the delegated act pursuant to Article 31 of this Directive:










  (i) | Power Usage Effectiveness (PUE), according to CEN/CENELEC EN 50600-4-2 |
| --- | --- | --- |

(c)

the performance, during the last full calendar year, of the data centre in accordance with the following key performance indicators from CEN/CENELEC EN 50600-4 ‘Information technology — Data centre facilities and infrastructures’, taking due account of the geographical location of the data centre, the demand of heat reuse and the heat infrastructures available, until the entry into force of the delegated act pursuant to Article 31 of this Directive:

(i)

Power Usage Effectiveness (PUE), according to CEN/CENELEC EN 50600-4-2

| (ii) | Renewable Energy Factor (REF), according to CEN/CENELEC EN 50600-4-3 |
| --- | --- |

(ii)

Renewable Energy Factor (REF), according to CEN/CENELEC EN 50600-4-3

| (iii) | Energy Re-use Factor (ERF), according to CEN/CENELEC EN 50600-4-6 |
| --- | --- |

(iii)

Energy Re-use Factor (ERF), according to CEN/CENELEC EN 50600-4-6

| (iv) | Cooling Effectiveness Ratio (CER), according to CEN/CENELEC EN 50600-4-7 |
| --- | --- |

(iv)

Cooling Effectiveness Ratio (CER), according to CEN/CENELEC EN 50600-4-7

| (v) | Carbon Usage Effectiveness (CUE), according to CEN/CENELEC EN 50600-4-8 |
| --- | --- |

(v)

Carbon Usage Effectiveness (CUE), according to CEN/CENELEC EN 50600-4-8

| (vi) | Water Usage Effectiveness (WUE), according to CEN/CENELEC EN 50600-4-9 |
| --- | --- |

(vi)

Water Usage Effectiveness (WUE), according to CEN/CENELEC EN 50600-4-9

ANNEX VII

MINIMUM REQUIREMENTS FOR BILLING AND BILLING INFORMATION BASED ON ACTUAL CONSUMPTION OF NATURAL GAS

1.   Minimum requirements for billing

1.1.   Billing based on actual consumption

In order to enable final customers to regulate their own energy consumption, billing should take place on the basis of actual consumption at least once a year, and billing information should be made available at least quarterly, on request or where the consumers have opted to receive electronic billing or else twice yearly. Gas used only for cooking purposes may be exempted from this requirement.

1.2.   Minimum information contained in the bill

Member States shall ensure that, where appropriate, the following information is made available to final customers in clear and understandable terms in or with their bills, contracts, transactions, and receipts at distribution stations:

| (a) | current actual prices and actual consumption of energy; |
| --- | --- |

(a)

current actual prices and actual consumption of energy;

| (b) | comparisons of the final customer’s current energy consumption with consumption for the same period in the previous year, preferably in graphic form; |
| --- | --- |

(b)

comparisons of the final customer’s current energy consumption with consumption for the same period in the previous year, preferably in graphic form;

| (c) | contact information for final customers’ organisations, energy agencies or similar bodies, including website addresses, from which information may be obtained on available energy efficiency improvement measures, comparative end-user profiles and objective technical specifications for energy-using equipment. |
| --- | --- |

(c)

contact information for final customers’ organisations, energy agencies or similar bodies, including website addresses, from which information may be obtained on available energy efficiency improvement measures, comparative end-user profiles and objective technical specifications for energy-using equipment.

In addition, wherever possible and useful, Member States shall ensure that comparisons with an average normalised or benchmarked final customer in the same user category are made available to final customers in clear and understandable terms, in, with or signposted to within, their bills, contracts, transactions, and receipts at distribution stations.

1.3.   Advice on energy efficiency accompanying bills and other feedback to final customers

When sending contracts and contract changes, and in the bills customers receive or through websites addressing individual customers, energy distributors, distribution system operators and retail energy sales companies shall inform their customers in a clear and understandable manner of contact information for independent consumer advice centres, energy agencies or similar institutions, including their internet addresses, where they can obtain advice on available energy efficiency measures, benchmark profiles for their energy consumption and technical specifications of energy using appliances that can serve to reduce the consumption of these appliances.

ANNEX VIII

MINIMUM REQUIREMENTS FOR BILLING AND CONSUMPTION INFORMATION FOR HEATING, COOLING AND DOMESTIC HOT WATER

1.   Billing based on actual consumption or heat cost allocator readings

In order to enable final users to regulate their own energy consumption, billing shall take place on the basis of actual consumption or heat cost allocator readings at least once per year.

2.   Minimum frequency of billing or consumption information

Until 31 December 2021, where remotely readable meters or heat cost allocators have been installed, billing or consumption information based on actual consumption or heat cost allocator readings shall be provided to final users at least quarterly upon request or where final customers have opted to receive electronic billing, or else twice a year.

From 1 January 2022, where remotely readable meters or heat cost allocators have been installed, billing or consumption information based on actual consumption or heat cost allocator readings shall be provided to final users at least monthly. It may also be made available via the internet and be updated as frequently as allowed by the measurement devices and systems used. Heating and cooling may be exempted from that requirement outside the heating/cooling seasons.

3.   Minimum information contained in the bill

Member States shall ensure that the following information is made available to final users in clear and comprehensible terms in or with their bills where those are based on actual consumption or heat cost allocator readings:

| (a) | current actual prices and actual consumption of energy or total heat cost and heat cost allocator readings; |
| --- | --- |

(a)

current actual prices and actual consumption of energy or total heat cost and heat cost allocator readings;

| (b) | information about the fuel mix used and the related annual greenhouse gas emissions, including for final users supplied by district heating or district cooling, and a description of the different taxes, levies and tariffs applied. Member States may limit the scope of the requirement to provide information about greenhouse gas emissions to include only supplies from district heating systems with a total rated thermal input exceeding 20 MW; |
| --- | --- |

(b)

information about the fuel mix used and the related annual greenhouse gas emissions, including for final users supplied by district heating or district cooling, and a description of the different taxes, levies and tariffs applied. Member States may limit the scope of the requirement to provide information about greenhouse gas emissions to include only supplies from district heating systems with a total rated thermal input exceeding 20 MW;

| (c) | comparisons of the final users current energy consumption with consumption for the same period in the previous year, in graphic form, climate corrected for heating and cooling; |
| --- | --- |

(c)

comparisons of the final users current energy consumption with consumption for the same period in the previous year, in graphic form, climate corrected for heating and cooling;

| (d) | contact information for final customers' organisations, energy agencies or similar bodies, including website addresses, from which information on available energy efficiency improvement measures, comparative end-user profiles and objective technical specifications for energy-using equipment may be obtained; |
| --- | --- |

(d)

contact information for final customers' organisations, energy agencies or similar bodies, including website addresses, from which information on available energy efficiency improvement measures, comparative end-user profiles and objective technical specifications for energy-using equipment may be obtained;

| (e) | information about related complaints procedures, ombudsman services or alternative dispute resolution mechanisms, as applicable in the Member States; |
| --- | --- |

(e)

information about related complaints procedures, ombudsman services or alternative dispute resolution mechanisms, as applicable in the Member States;

| (f) | comparisons with an average normalised or benchmarked final user in the same user category. In the case of electronic bills, such comparisons may instead be made available online and signposted to within the bills. |
| --- | --- |

(f)

comparisons with an average normalised or benchmarked final user in the same user category. In the case of electronic bills, such comparisons may instead be made available online and signposted to within the bills.

Bills that are not based on actual consumption or heat cost allocator readings shall contain a clear and comprehensible explanation of how the amount set out in the bill was calculated, and at least the information referred to in points (d) and (e).

ANNEX IX

POTENTIAL FOR EFFICIENCY IN HEATING AND COOLING

The comprehensive assessment of national heating and cooling potentials referred to in Article 23(1) shall include and be based on the following:

Part I

OVERVIEW OF HEATING AND COOLING

| 1. | heating and cooling demand in terms of assessed useful energy (77) and quantified final energy consumption in GWh per year (78) by sectors:






  (a) | residential; |
| --- | --- | --- |

1.

(a)

residential;

| (b) | services; |
| --- | --- |

(b)

services;

| (c) | industry; |
| --- | --- |

(c)

industry;

| (d) | any other sector that individually consumes more than 5 % of total national useful heating and cooling demand; |
| --- | --- |

(d)

any other sector that individually consumes more than 5 % of total national useful heating and cooling demand;

| 2. | identification, or in the case of point 2(a)(i), identification or estimation, of current heating and cooling supply:






  (a) | by technology, in GWh per year (79), within sectors mentioned under point 1 where possible, distinguishing between energy derived from fossil and renewable sources:






  (i) | provided on-site in residential and service sites by:






  — | heat only boilers; |
| --- | --- | --- | --- | --- |

2.

(a)

by technology, in GWh per year (79), within sectors mentioned under point 1 where possible, distinguishing between energy derived from fossil and renewable sources:

(i)

provided on-site in residential and service sites by:

—

heat only boilers;

| — | high-efficiency heat and power cogeneration; |
| --- | --- |

—

high-efficiency heat and power cogeneration;

| — | heat pumps; |
| --- | --- |

—

heat pumps;

| — | other on-site technologies and sources; |
| --- | --- |

—

other on-site technologies and sources;

| (ii) | provided on-site in non-service and non-residential sites by:






  — | heat only boilers; |
| --- | --- | --- |

(ii)

provided on-site in non-service and non-residential sites by:

—

heat only boilers;

| — | high-efficiency heat and power cogeneration; |
| --- | --- |

—

high-efficiency heat and power cogeneration;

| — | heat pumps; |
| --- | --- |

—

heat pumps;

| — | other on-site technologies and sources; |
| --- | --- |

—

other on-site technologies and sources;

| (iii) | provided off-site by:






  — | high-efficiency heat and power cogeneration; |
| --- | --- | --- |

(iii)

provided off-site by:

—

high-efficiency heat and power cogeneration;

| — | waste heat; |
| --- | --- |

—

waste heat;

| — | other off-site technologies and sources; |
| --- | --- |

—

other off-site technologies and sources;

| (b) | identification of installations that generate waste heat or cold and their potential heating or cooling supply, in GWh per year:






  (i) | thermal power generation installations that can supply or can be retrofitted to supply waste heat with a total thermal input exceeding 50 MW; |
| --- | --- | --- |

(b)

identification of installations that generate waste heat or cold and their potential heating or cooling supply, in GWh per year:

(i)

thermal power generation installations that can supply or can be retrofitted to supply waste heat with a total thermal input exceeding 50 MW;

| (ii) | heat and power cogeneration installations using technologies referred to in Part II of Annex II with a total thermal input exceeding 20 MW; |
| --- | --- |

(ii)

heat and power cogeneration installations using technologies referred to in Part II of Annex II with a total thermal input exceeding 20 MW;

| (iii) | waste incineration plants; |
| --- | --- |

(iii)

waste incineration plants;

| (iv) | renewable energy installations with a total thermal input exceeding 20 MW other than the installations specified under point 2(b)(i) and (ii) generating heating or cooling using the energy from renewable sources; |
| --- | --- |

(iv)

renewable energy installations with a total thermal input exceeding 20 MW other than the installations specified under point 2(b)(i) and (ii) generating heating or cooling using the energy from renewable sources;

| (v) | industrial installations with a total thermal input exceeding 20 MW which can provide waste heat; |
| --- | --- |

(v)

industrial installations with a total thermal input exceeding 20 MW which can provide waste heat;

| (c) | reported share of energy from renewable sources and from waste heat or cold in the final energy consumption of the district heating and cooling (80) sector over the past 5 years, in line with Directive (EU) 2018/2001; |
| --- | --- |

(c)

reported share of energy from renewable sources and from waste heat or cold in the final energy consumption of the district heating and cooling (80) sector over the past 5 years, in line with Directive (EU) 2018/2001;

| 3. | a map covering the entire national territory identifying (while preserving commercially sensitive information):






  (a) | heating and cooling demand areas following from the analysis of point 1, while using consistent criteria for focusing on energy dense areas in municipalities and conurbations; |
| --- | --- | --- |

3.

(a)

heating and cooling demand areas following from the analysis of point 1, while using consistent criteria for focusing on energy dense areas in municipalities and conurbations;

| (b) | existing heating and cooling supply points identified under point 2(b) and district heating transmission installations; |
| --- | --- |

(b)

existing heating and cooling supply points identified under point 2(b) and district heating transmission installations;

| (c) | planned heating and cooling supply points of the type described under point 2(b) and district heating transmission installations; |
| --- | --- |

(c)

planned heating and cooling supply points of the type described under point 2(b) and district heating transmission installations;

| 4. | a forecast of trends in the demand for heating and cooling to maintain a perspective of the next 30 years in GWh and taking into account in particular projections for the next 10 years, the change in demand in buildings and different sectors of the industry, and the impact of policies and strategies related to the demand management, such as long-term building renovation strategies under Directive (EU) 2018/844; |
| --- | --- |

4.

Part II

OBJECTIVES, STRATEGIES AND POLICY MEASURES

| 5. | planned contribution of the Member State to its national objectives, targets and contributions for the five dimensions of the Energy Union, as laid out in Article 3(2)(b) of Regulation (EU) 2018/1999, delivered through efficiency in heating and cooling, in particular related to points 1 to 4 of Article 4(b) and to paragraph (4)(b) of Article 15, identifying which of these elements is additional compared to integrated national energy and climate plans; |
| --- | --- |

5.

| 6. | general overview of the existing policies and measures as described in the most recent report submitted in accordance with Articles 3, 20, 21 and 27(a) of Regulation (EU) 2018/1999; |
| --- | --- |

6.

Part III

ANALYSIS OF THE ECONOMIC POTENTIAL FOR EFFICIENCY IN HEATING AND COOLING

| 7. | an analysis of the economic potential (81) of different technologies for heating and cooling shall be carried out for the entire national territory by using the cost-benefit analysis referred to in Article 23(3) and shall identify alternative scenarios for more efficient and renewable heating and cooling technologies, distinguishing between energy derived from fossil and renewable sources where applicable.
  The following technologies should be considered:






  (a) | industrial waste heat and cold; |
| --- | --- | --- |

7.

The following technologies should be considered:

(a)

industrial waste heat and cold;

| (b) | waste incineration; |
| --- | --- |

(b)

waste incineration;

| (c) | high efficiency cogeneration; |
| --- | --- |

(c)

high efficiency cogeneration;

| (d) | renewable energy sources (such as geothermal, solar thermal and biomass) other than those used for high efficiency cogeneration; |
| --- | --- |

(d)

renewable energy sources (such as geothermal, solar thermal and biomass) other than those used for high efficiency cogeneration;

| (e) | heat pumps; |
| --- | --- |

(e)

heat pumps;

| (f) | reducing heat and cold losses from existing district networks; |
| --- | --- |

(f)

reducing heat and cold losses from existing district networks;

| 8. | this analysis of economic potential shall include the following steps and considerations:






  (a) | Considerations:






  (i) | the cost-benefit analysis for the purposes of Article 23(3) shall include an economic analysis that takes into consideration socioeconomic and environmental factors (82), and a financial analysis performed to assess projects from the investors' point of view. Both economic and financial analyses shall use the net present value as criterion for the assessment; |
| --- | --- | --- | --- |

8.

(a)

Considerations:

(i)

the cost-benefit analysis for the purposes of Article 23(3) shall include an economic analysis that takes into consideration socioeconomic and environmental factors (82), and a financial analysis performed to assess projects from the investors' point of view. Both economic and financial analyses shall use the net present value as criterion for the assessment;

| (ii) | the baseline scenario should serve as a reference point and take into account existing policies at the time of compiling this comprehensive assessment (83), and be linked to data collected under Part I and point 6 of Part II of this Annex; |
| --- | --- |

(ii)

the baseline scenario should serve as a reference point and take into account existing policies at the time of compiling this comprehensive assessment (83), and be linked to data collected under Part I and point 6 of Part II of this Annex;

| (iii) | alternative scenarios to the baseline shall take into account energy efficiency and renewable energy objectives of Regulation (EU) 2018/1999. Each scenario shall present the following elements compared to the baseline scenario:






  — | economic potential of technologies examined using the net present value as criterion; |
| --- | --- | --- |

(iii)

alternative scenarios to the baseline shall take into account energy efficiency and renewable energy objectives of Regulation (EU) 2018/1999. Each scenario shall present the following elements compared to the baseline scenario:

—

economic potential of technologies examined using the net present value as criterion;

| — | greenhouse gas emission reductions; |
| --- | --- |

—

greenhouse gas emission reductions;

| — | primary energy savings in GWh per year; |
| --- | --- |

—

primary energy savings in GWh per year;

| — | impact on the share of renewables in the national energy mix. |
| --- | --- |

—

impact on the share of renewables in the national energy mix.

Scenarios that are not feasible due to technical reasons, financial reasons or national regulation may be excluded at an early stage of the cost-benefit analysis, if justified based on careful, explicit and well-documented considerations.

The assessment and decision-making should take into account costs and energy savings from the increased flexibility in energy supply and from a more optimal operation of the electricity networks, including avoided costs and savings from reduced infrastructure investment, in the analysed scenarios.

| (b) | Costs and benefits
  The costs and benefits referred to under point 8(a) shall include at least the following benefits and costs:






  (i) | Benefits:






  — | value of output to the consumer (heating, cooling and electricity); |
| --- | --- | --- | --- |

(b)

Costs and benefits

The costs and benefits referred to under point 8(a) shall include at least the following benefits and costs:

(i)

Benefits:

—

value of output to the consumer (heating, cooling and electricity);

| — | external benefits such as environmental, greenhouse gas emissions and health and safety benefits, to the extent possible; |
| --- | --- |

—

external benefits such as environmental, greenhouse gas emissions and health and safety benefits, to the extent possible;

| — | labour market effects, energy security and competitiveness, to the extent possible. |
| --- | --- |

—

labour market effects, energy security and competitiveness, to the extent possible.

| (ii) | Costs:






  — | capital costs of plants and equipment; |
| --- | --- | --- |

(ii)

Costs:

—

capital costs of plants and equipment;

| — | capital costs of the associated energy networks; |
| --- | --- |

—

capital costs of the associated energy networks;

| — | variable and fixed operating costs; |
| --- | --- |

—

variable and fixed operating costs;

| — | energy costs; |
| --- | --- |

—

energy costs;

| — | environmental, health and safety costs, to the extent possible; |
| --- | --- |

—

environmental, health and safety costs, to the extent possible;

| — | labour market costs, energy security and competitiveness, to the extent possible. |
| --- | --- |

—

labour market costs, energy security and competitiveness, to the extent possible.

| (c) | Relevant scenarios to the baseline:
  All relevant scenarios to the baseline shall be considered, including the role of efficient individual heating and cooling.






  (i) | the cost-benefit analysis may either cover a project assessment or a group of projects for a broader local, regional or national assessment in order to establish the most cost-effective and beneficial heating or cooling solution against a baseline for a given geographical area for the purpose of planning; |
| --- | --- | --- |

(c)

Relevant scenarios to the baseline:

All relevant scenarios to the baseline shall be considered, including the role of efficient individual heating and cooling.

(i)

the cost-benefit analysis may either cover a project assessment or a group of projects for a broader local, regional or national assessment in order to establish the most cost-effective and beneficial heating or cooling solution against a baseline for a given geographical area for the purpose of planning;

| (d) | Boundaries and integrated approach:






  (i) | the geographical boundary shall cover a suitable well-defined geographical area; |
| --- | --- | --- |

(d)

Boundaries and integrated approach:

(i)

the geographical boundary shall cover a suitable well-defined geographical area;

| (ii) | the cost-benefit analyses shall take into account all relevant centralised or decentralised supply resources available within the system and geographical boundary, including technologies considered under point 7 of Part III of this Annex, and heating and cooling demand trends and characteristics. |
| --- | --- |

(ii)

the cost-benefit analyses shall take into account all relevant centralised or decentralised supply resources available within the system and geographical boundary, including technologies considered under point 7 of Part III of this Annex, and heating and cooling demand trends and characteristics.

| (e) | Assumptions:






  (i) | Member States shall provide assumptions, for the purpose of the cost-benefit analyses, on the prices of major input and output factors and the discount rate; |
| --- | --- | --- |

(e)

Assumptions:

(i)

Member States shall provide assumptions, for the purpose of the cost-benefit analyses, on the prices of major input and output factors and the discount rate;

| (ii) | the discount rate used in the economic analysis to calculate net present value shall be chosen according to European or national guidelines; |
| --- | --- |

(ii)

the discount rate used in the economic analysis to calculate net present value shall be chosen according to European or national guidelines;

| (iii) | Member States shall use national, European or international energy price development forecasts if appropriate in their national and/or regional/local context; |
| --- | --- |

(iii)

Member States shall use national, European or international energy price development forecasts if appropriate in their national and/or regional/local context;

| (iv) | the prices used in the economic analysis shall reflect socio economic costs and benefits. External costs, such as environmental and health effects, should be included to the extent possible, i.e. when a market price exists or when it is already included in European or national regulation. |
| --- | --- |

(iv)

the prices used in the economic analysis shall reflect socio economic costs and benefits. External costs, such as environmental and health effects, should be included to the extent possible, i.e. when a market price exists or when it is already included in European or national regulation.

| (f) | Sensitivity analysis:






  (i) | a sensitivity analysis shall be included to assess the costs and benefits of a project or group of projects and be based on variable factors having a significant impact on the outcome of the calculations, such as different energy prices, levels of demand, discount rates and other. |
| --- | --- | --- |

(f)

Sensitivity analysis:

(i)

a sensitivity analysis shall be included to assess the costs and benefits of a project or group of projects and be based on variable factors having a significant impact on the outcome of the calculations, such as different energy prices, levels of demand, discount rates and other.

Part IV

POTENTIAL NEW STRATEGIES AND POLICY MEASURES

| 9. | overview of new legislative and non-legislative policy measures (84) to realise the economic potential identified in accordance with points 7 and 8, along with their foreseen:






  (a) | greenhouse gas emission reductions; |
| --- | --- | --- |

9.

(a)

greenhouse gas emission reductions;

| (b) | primary energy savings in GWh per year; |
| --- | --- |

(b)

primary energy savings in GWh per year;

| (c) | impact on the share of high-efficiency cogeneration; |
| --- | --- |

(c)

impact on the share of high-efficiency cogeneration;

| (d) | impact on the share of renewables in the national energy mix and in the heating and cooling sector; |
| --- | --- |

(d)

impact on the share of renewables in the national energy mix and in the heating and cooling sector;

| (e) | links to national financial programming and cost savings for the public budget and market participants; |
| --- | --- |

(e)

links to national financial programming and cost savings for the public budget and market participants;

| (f) | estimated public support measures, if any, with their annual budget and identification of the potential aid element. |
| --- | --- |

(f)

estimated public support measures, if any, with their annual budget and identification of the potential aid element.

ANNEX X

COST-BENEFIT ANALYSIS

Principles for the purpose of Article 244 and (6)

The cost-benefit analyses shall provide information for the purpose of the measures in Article 24(4) and (6):

If an electricity-only installation or an installation without heat recovery is planned, a comparison shall be made between the planned installations or the planned refurbishment and an equivalent installation producing the same amount of electricity or process heat, but recovering the waste heat and supplying heat through high-efficiency cogeneration and/or district heating and cooling networks.

Within a given geographical boundary the assessment shall take into account the planned installation and any appropriate existing or potential heat or cooling demand points that could be supplied from it, taking into account rational possibilities (for example, technical feasibility and distance).

The system boundary shall be set to include the planned installation and the heat and cooling loads, such as building(s) and industrial process. Within this system boundary the total cost of providing heat and power shall be determined for both cases and compared.

Heat or cooling loads shall include existing heat or cooling loads, such as an industrial installation or an existing district heating or cooling system, and also, in urban areas, the heat or cooling load and costs that would exist if a group of buildings or part of a city were provided with and/or connected into a new district heating or cooling network.

The cost-benefit analysis shall be based on a description of the planned installation and the comparison installation(s), covering electrical and thermal capacity, as applicable, fuel type, planned usage and the number of planned operating hours annually, location and electricity and thermal demand.

Assessment of waste heat utilization shall take into consideration current technologies. The assessment shall take into consideration the direct use of waste heat or its upgrading to higher temperature levels, or both. In case of waste heat recovery on-site, at least the use of heat exchangers, heat pumps, and heat to power technologies shall be assessed. In case of waste heat recovery off-site, at least industrial installations, agriculture sites and district heating networks shall be assessed as potential demand points.

For the purpose of the comparison, the thermal energy demand and the types of heating and cooling used by the nearby heat or cooling demand points shall be taken into account. The comparison shall cover infrastructure related costs for the planned and comparison installation.

Cost-benefit analyses for the purposes of Article 24(4) shall include an economic analysis covering a financial analysis reflecting actual cash flow transactions from investing in and operating individual installations.

Projects with positive cost-benefit outcome are those where the sum of discounted benefits in the economic and financial analysis exceeds the sum of discounted costs (cost-benefit surplus).

Member States shall set guiding principles for the methodology, assumptions and time horizon for the economic analysis.

Member States may require that the companies responsible for the operation of thermal electric generation installations, industrial companies, district heating and cooling networks, or other parties influenced by the defined system boundary and geographical boundary, contribute data for use in assessing the costs and benefits of an individual installation.

ANNEX XI

GUARANTEE OF ORIGIN FOR ELECTRICITY PRODUCED FROM HIGH-EFFICIENCY COGENERATION

| (a) | Member States shall take measures to ensure that:






  (i) | the guarantee of origin of the electricity produced from high-efficiency cogeneration:






  — | enable producers to demonstrate that the electricity they sell is produced from high-efficiency cogeneration and is issued to this effect in response to a request from the producer; |
| --- | --- | --- | --- |

(a)

Member States shall take measures to ensure that:

(i)

the guarantee of origin of the electricity produced from high-efficiency cogeneration:

—

enable producers to demonstrate that the electricity they sell is produced from high-efficiency cogeneration and is issued to this effect in response to a request from the producer;

| — | is accurate, reliable and fraud-resistant; |
| --- | --- |

—

is accurate, reliable and fraud-resistant;

| — | is issued, transferred and cancelled electronically; |
| --- | --- |

—

is issued, transferred and cancelled electronically;

| (ii) | the same unit of energy from high-efficiency cogeneration is taken into account only once. |
| --- | --- |

(ii)

the same unit of energy from high-efficiency cogeneration is taken into account only once.

| (b) | The guarantee of origin referred to in Article 24(10) shall contain at least the following information:






  (i) | the identity, location, type and capacity (thermal and electrical) of the installation where the energy was produced; |
| --- | --- | --- |

(b)

The guarantee of origin referred to in Article 24(10) shall contain at least the following information:

(i)

the identity, location, type and capacity (thermal and electrical) of the installation where the energy was produced;

| (ii) | the dates and places of production; |
| --- | --- |

(ii)

the dates and places of production;

| (iii) | the lower calorific value of the fuel source from which the electricity was produced; |
| --- | --- |

(iii)

the lower calorific value of the fuel source from which the electricity was produced;

| (iv) | the quantity and the use of the heat generated together with the electricity; |
| --- | --- |

(iv)

the quantity and the use of the heat generated together with the electricity;

| (v) | the quantity of electricity from high-efficiency cogeneration in accordance with Annex III that the guarantee represents; |
| --- | --- |

(v)

the quantity of electricity from high-efficiency cogeneration in accordance with Annex III that the guarantee represents;

| (vi) | the primary energy savings calculated in accordance with Annex III based on the harmonised efficiency reference values indicated in point (f) of Annex III; |
| --- | --- |

(vi)

the primary energy savings calculated in accordance with Annex III based on the harmonised efficiency reference values indicated in point (f) of Annex III;

| (vii) | the nominal electric and thermal efficiency of the plant; |
| --- | --- |

(vii)

the nominal electric and thermal efficiency of the plant;

| (viii) | whether and to what extent the installation has benefited from investment support; |
| --- | --- |

(viii)

whether and to what extent the installation has benefited from investment support;

| (ix) | whether and to what extent the unit of energy has benefited in any other way from a national support scheme, and the type of support scheme; |
| --- | --- |

(ix)

whether and to what extent the unit of energy has benefited in any other way from a national support scheme, and the type of support scheme;

| (x) | the date on which the installation became operational; and |
| --- | --- |

(x)

the date on which the installation became operational; and

| (xi) | the date and country of issue and a unique identification number. |
| --- | --- |

(xi)

the date and country of issue and a unique identification number.

The guarantee of origin shall be of the standard size of 1 MWh. It shall relate to the net electricity output measured at the station boundary and exported to the grid.

ANNEX XII

ENERGY EFFICIENCY CRITERIA FOR ENERGY NETWORK REGULATION AND FOR ELECTRICITY NETWORK TARIFFS

| 1. | Network tariffs shall be cost-reflective of cost-savings in networks achieved from demand-side and demand- response measures and distributed generation, including savings from lowering the cost of delivery or of network investment and a more optimal operation of the network. |
| --- | --- |

1.

| 2. | Network regulation and tariffs shall not prevent network operators or energy retailers making available system services for demand response measures, demand management and distributed generation on organised electricity markets, in particular:






  (a) | the shifting of the load from peak to off-peak times by final customers taking into account the availability of renewable energy, energy from cogeneration and distributed generation; |
| --- | --- | --- |

2.

(a)

the shifting of the load from peak to off-peak times by final customers taking into account the availability of renewable energy, energy from cogeneration and distributed generation;

| (b) | energy savings from demand response of distributed consumers by energy aggregators; |
| --- | --- |

(b)

energy savings from demand response of distributed consumers by energy aggregators;

| (c) | demand reduction from energy efficiency measures undertaken by energy service providers, including energy service companies; |
| --- | --- |

(c)

demand reduction from energy efficiency measures undertaken by energy service providers, including energy service companies;

| (d) | the connection and dispatch of generation sources at lower voltage levels; |
| --- | --- |

(d)

the connection and dispatch of generation sources at lower voltage levels;

| (e) | the connection of generation sources from closer location to the consumption; and |
| --- | --- |

(e)

the connection of generation sources from closer location to the consumption; and

| (f) | the storage of energy. |
| --- | --- |

(f)

the storage of energy.

For the purposes of this provision the term ‘organised electricity markets’ shall include over-the-counter markets and electricity exchanges for trading energy, capacity, balancing and ancillary services in all timeframes, including forward, day-ahead and intra-day markets.

| 3. | Network or retail tariffs may support dynamic pricing for demand response measures by final customers, such as:






  (a) | time-of-use tariffs; |
| --- | --- | --- |

3.

(a)

time-of-use tariffs;

| (b) | critical peak pricing; |
| --- | --- |

(b)

critical peak pricing;

| (c) | real time pricing; and |
| --- | --- |

(c)

real time pricing; and

| (d) | peak time rebates. |
| --- | --- |

(d)

peak time rebates.

ANNEX XIII

ENERGY EFFICIENCY REQUIREMENTS FOR TRANSMISSION SYSTEM OPERATORS AND DISTRIBUTION SYSTEM OPERATORS

Transmission system operators and distribution system operators shall:

| (a) | set up and make public their standard rules relating to the bearing and sharing of costs of technical adaptations, such as grid connections, grid reinforcements and the introduction of new grids, improved operation of the grid and rules on the non-discriminatory implementation of the grid codes, which are necessary in order to integrate new producers feeding electricity produced from high-efficiency cogeneration into the interconnected grid; |
| --- | --- |

(a)

set up and make public their standard rules relating to the bearing and sharing of costs of technical adaptations, such as grid connections, grid reinforcements and the introduction of new grids, improved operation of the grid and rules on the non-discriminatory implementation of the grid codes, which are necessary in order to integrate new producers feeding electricity produced from high-efficiency cogeneration into the interconnected grid;

| (b) | provide any new producer of electricity produced from high-efficiency cogeneration wishing to be connected to the system with the comprehensive and necessary information required, including:






  (i) | a comprehensive and detailed estimate of the costs associated with the connection; |
| --- | --- | --- |

(b)

provide any new producer of electricity produced from high-efficiency cogeneration wishing to be connected to the system with the comprehensive and necessary information required, including:

(i)

a comprehensive and detailed estimate of the costs associated with the connection;

| (ii) | a reasonable and precise timetable for receiving and processing the request for grid connection; |
| --- | --- |

(ii)

a reasonable and precise timetable for receiving and processing the request for grid connection;

| (iii) | a reasonable indicative timetable for any proposed grid connection. The overall process to become connected to the grid should be no longer than 24 months, bearing in mind what is reasonably practicable and non-discriminatory; |
| --- | --- |

(iii)

a reasonable indicative timetable for any proposed grid connection. The overall process to become connected to the grid should be no longer than 24 months, bearing in mind what is reasonably practicable and non-discriminatory;

| (c) | provide standardised and simplified procedures for the connection of distributed high-efficiency cogeneration producers to facilitate their connection to the grid. |
| --- | --- |

(c)

provide standardised and simplified procedures for the connection of distributed high-efficiency cogeneration producers to facilitate their connection to the grid.

The standard rules referred to in point (a) shall be based on objective, transparent and non-discriminatory criteria taking particular account of all the costs and benefits associated with the connection of those producers to the grid. They may provide for different types of connection.

ANNEX XIV

MINIMUM ITEMS TO BE INCLUDED IN ENERGY PERFORMANCE CONTRACTS OR IN THE ASSOCIATED TENDER SPECIFICATIONS

| — | Findings /recommendations of an analysis/ audit carried out before the contract has been concluded that covers energy use of the building with a view to implement energy efficiency improvement measures. |
| --- | --- |

—

Findings /recommendations of an analysis/ audit carried out before the contract has been concluded that covers energy use of the building with a view to implement energy efficiency improvement measures.

| — | Clear and transparent list of the efficiency measures to be implemented or the efficiency results to be obtained. |
| --- | --- |

—

Clear and transparent list of the efficiency measures to be implemented or the efficiency results to be obtained.

| — | Guaranteed savings to be achieved by implementing the measures of the contract. |
| --- | --- |

—

Guaranteed savings to be achieved by implementing the measures of the contract.

| — | Duration and milestones of the contract, terms and period of notice. |
| --- | --- |

—

Duration and milestones of the contract, terms and period of notice.

| — | Clear and transparent list of the obligations of each contracting party. |
| --- | --- |

—

Clear and transparent list of the obligations of each contracting party.

| — | Reference date(s) to establish achieved savings. |
| --- | --- |

—

Reference date(s) to establish achieved savings.

| — | Clear and transparent list of steps to be performed to implement a measure or package of measures and, where relevant, associated costs. |
| --- | --- |

—

Clear and transparent list of steps to be performed to implement a measure or package of measures and, where relevant, associated costs.

| — | Obligation to fully implement the measures in the contract and documentation of all changes made during the project. |
| --- | --- |

—

Obligation to fully implement the measures in the contract and documentation of all changes made during the project.

| — | Regulations specifying the inclusion of equivalent requirements in any subcontracting with third parties. |
| --- | --- |

—

Regulations specifying the inclusion of equivalent requirements in any subcontracting with third parties.

| — | Clear and transparent display of financial implications of the project and distribution of the share of both parties in the monetary savings achieved (i.e. remuneration of the service provider). |
| --- | --- |

—

Clear and transparent display of financial implications of the project and distribution of the share of both parties in the monetary savings achieved (i.e. remuneration of the service provider).

| — | Clear and transparent provisions on measurement and verification of the guaranteed savings achieved, quality checks and guarantees. |
| --- | --- |

—

Clear and transparent provisions on measurement and verification of the guaranteed savings achieved, quality checks and guarantees.

| — | Provisions clarifying the procedure to deal with changing framework conditions that affect the content and the outcome of the contract (i.e. changing energy prices, use intensity of an installation). |
| --- | --- |

—

Provisions clarifying the procedure to deal with changing framework conditions that affect the content and the outcome of the contract (i.e. changing energy prices, use intensity of an installation).

| — | Detailed information on the obligations of each of the contracting party and of the penalties for their breach. |
| --- | --- |

—

Detailed information on the obligations of each of the contracting party and of the penalties for their breach.

ANNEX XV

Part A

Repealed Directive with list of the successive amendments thereto

(referred to in Article 36)

| Directive 2012/27/EU of the European Parliament and of the Council
  (OJ L 315, 14.11.2012, p. 1) | |
| --- | --- |
| Council Directive 2013/12/EU
  (OJ L 141, 28.5.2013, p. 28) | |
| Directive (EU) 2018/844 of the European Parliament and of the Council
  (OJ L 156, 19.6.2018, p. 75) | only Article 2 |
| Directive (EU) 2018/2002 of the European Parliament and of the Council
  (OJ L 328, 21.12.2018, p. 210) | |
| Regulation (EU) 2018/1999 of the European Parliament and of the Council
  (OJ L 328, 21.12.2018, p. 1) | only Article 54 |
| Decision (EU) 2019/504 of the European Parliament and of the Council
  (OJ L 85 I , 27.3.2019, p. 66) | only Article 1 |
| Commission Delegated Regulation (EU) 2019/826
  (OJ L 137, 23.5.2019, p. 3) | |
| Directive (EU) 2019/944 of the European Parliament and of the Council
  (OJ L 158, 14.6.2019, p. 125) | only Article 70 |

Directive 2012/27/EU of the European Parliament and of the Council

(OJ L 315, 14.11.2012, p. 1)

Council Directive 2013/12/EU

(OJ L 141, 28.5.2013, p. 28)

Directive (EU) 2018/844 of the European Parliament and of the Council

(OJ L 156, 19.6.2018, p. 75)

only Article 2

Directive (EU) 2018/2002 of the European Parliament and of the Council

(OJ L 328, 21.12.2018, p. 210)

Regulation (EU) 2018/1999 of the European Parliament and of the Council

(OJ L 328, 21.12.2018, p. 1)

only Article 54

Decision (EU) 2019/504 of the European Parliament and of the Council

(OJ L 85 I , 27.3.2019, p. 66)

only Article 1

Commission Delegated Regulation (EU) 2019/826

(OJ L 137, 23.5.2019, p. 3)

Directive (EU) 2019/944 of the European Parliament and of the Council

(OJ L 158, 14.6.2019, p. 125)

only Article 70

Part B

Time-limits for transposition into national law

(referred to in Article 36)

| Directive | Time-limit for transposition |
| --- | --- |
| 2012/27/EU | 5 June 2014 |
| (EU) 2018/844 | 10 March 2020 |
| (EU) 2018/2002 | 25 June 2020, with the exception of points 5 to 10 of Article 1 and points 3 and 4 of the Annex
  25 October 2020 as regards points 5 to 10 of Article 1 and points 3 and 4 of the Annex |
| (EU) 2019/944 | 31 December 2019 as regards point (5)(a) of Article 70
  25 October 2020 as regards point (4) of Article 70
  31 December 2020 as regards points (1) to (3), (5)(b) and (6) of Article 70 |

Directive

Time-limit for transposition

2012/27/EU

5 June 2014

(EU) 2018/844

10 March 2020

(EU) 2018/2002

25 June 2020, with the exception of points 5 to 10 of Article 1 and points 3 and 4 of the Annex

25 October 2020 as regards points 5 to 10 of Article 1 and points 3 and 4 of the Annex

(EU) 2019/944

31 December 2019 as regards point (5)(a) of Article 70

25 October 2020 as regards point (4) of Article 70

31 December 2020 as regards points (1) to (3), (5)(b) and (6) of Article 70

ANNEX XVI

CORRELATION TABLE

| Directive 2012/27/EU | This Directive |
| --- | --- |
| Article 1 | Article 1 |
| Article 2, introductory wording | Article 2, introductory wording |
| Article 2, point 1 | Article 2, point 1 |
| — | Article 2, points 2 and 3 |
| Article 2, point 2 | Article 2, point 4 |
| Article 2, point 3 | Article 2, point 5 |
| Article 2, point 4 | Article 2, point 6 |
| Article 2, point 5 | Article 2, point 7 |
| Article 2, point 6 | Article 2, point 8 |
| Article 2, point 7 | Article 2, point 9 |
| Article 2, point 8 | Article 2, point 10 |
| Article 2, point 9 | — |
| Article 2, point 10 | Article 2, point 11 |
| | Article 2, points 12 and 13 |
| Article 2, point 11 | Article 2, point 14 |
| Article 2, point 12 | Article 2, point 15 |
| Article 2, point 13 | Article 2, point 16 |
| Article 2, point 14 | Article 2, point 17 |
| Article 2, point 15 | Article 2, point 18 |
| Article 2, point 16 | Article 2, point 19 |
| Article 2, point 17 | Article 2, point 20 |
| Article 2, point 18 | Article 2, point 21 |
| Article 2, point 19 | Article 2, point 22 |
| Article 2, point 20 | Article 2, point 23 |
| Article 2, point 21 | Article 2, point 24 |
| Article 2, point 22 | Article 2, point 25 |
| Article 2, point 23 | Article 2, point 26 |
| Article 2, point 24 | Article 2, point 27 |
| Article 2, point 25 | Article 2, point 28 |
| Article 2, point 26 | — |
| Article 2, point 27 | Article 2, point 29 |
| Article 2, point 28 | Article 2, point 30 |
| Article 2, point 29 | Article 2, point 31 |
| Article 2, point 30 | Article 2, point 32 |
| Article 2, point 31 | Article 2, point 33 |
| Article 2, point 32 | Article 2, point 34 |
| Article 2, point 33 | Article 2, point 35 |
| Article 2, point 34 | Article 2, point 36 |
| Article 2, point 35 | Article 2, point 37 |
| Article 2, point 36 | Article 2, point 38 |
| Article 2, point 37 | Article 2, point 39 |
| Article 2, point 38 | Article 2, point 40 |
| Article 2, point 39 | Article 2, point 41 |
| Article 2, point 40 | — |
| Article 2, point 41 | Article 2, point 42 |
| Article 2, point 42 | Article 2, point 43 |
| Article 2, point 43 | Article 2, point 44 |
| — | Article 2, point 45 |
| Article 2, points 44 and 45 | Article 2, points 46 and 47 |
| — | Article 2, points 48, 49 and 50 |
| — | Article 3 |
| — | Article 4(1) |
| Article 3(1), first subparagraph | Article 4(2), first subparagraph |
| Article 3(1), second subparagraph, introductory wording | Article 4(2), second subparagraph, introductory wording |
| Article 3(1), second subparagraph, points (a) and (b) | Article 4(2), second subparagraph, points (a) and (b) |
| Article 3(1), second subparagraph, point (c) | — |
| Article 3(1), second subparagraph, point (d) | Article 4(2), second subparagraph, point (c) |
| Article 3(1), third subparagraph, introductory wording | — |
| — | Article 4(2), second subparagraph, point (d), introductory wording |
| — | Article 4(2), second subparagraph, points (d)(i), (ii) and (iii) |
| Article 3(1), third subparagraph, point (a) | Article 4(2), second subparagraph, point (d)(iv) |
| — | Article 4(2), second subparagraph, point (e), introductory wording |
| Article 3(1), third subparagraph, point (b) | Article 4(2), second subparagraph, point (e)(i) |
| Article 3(1), third subparagraph, point (c) | Article 4(2), second subparagraph, point (e)(ii) |
| Article 3(1), third subparagraph, point (d) | Article 4(2), second subparagraph, point (e)(iii) |
| Article 3(1), third subparagraph, point (e) | — |
| Article 3(2) and (3) | — |
| Article 3(4) | Article 33(6) |
| Article 3(5) and (6) | — |
| — | Article 4(3) |
| — | Article 4(4) |
| — | Article 5 |
| Article 5(1), first subparagraph | Article 6(1), first subparagraph |
| Article 5(1), second subparagraph | — |
| Article 5(1), third subparagraph | Article 6(1), second subparagraph |
| Article 5(1), fourth and fifth subparagraph | — |
| Article 5(2) and (3) | — |
| Article 5(4) | Article 6(2) |
| Article 5(5) | Article 6(3) |
| Article 5(6) and (7) | — |
| Article 6(1), first subparagraph | Article 7(1), first subparagraph |
| Article 6(1), second subparagraph | — |
| — | Article 7(1), second subparagraph |
| Article 6(1), third subparagraph | — |
| Article 6(2), (3) and (4) | Article 7(2), (3) and (4) |
| — | Article 7(5) and (6) |
| — | Article 7(7), second subparagraph |
| Article 7(1), introductory wording, point (a) and (b) | Article 8(1), introductory wording, point (a) and (b) |
| — | Article 8(1), point (c) |
| Article 7(1), second subparagraph | Article 8(5) |
| Article 7(1), third subparagraph | Article 8(1), second subparagraph |
| Article 7(1), fourth subparagraph | Article 8(1), third subparagraph |
| — | Article 8(2), (3) and (4) |
| Article 7(2) | Article 8(6) |
| Article 7(3) | Article 8(7) |
| Article 7(4) | Article 8(8) |
| Article 7(5) | Article 8(9) |
| Article 7(6) | Article 8(10) |
| Article 7(7) | — |
| Article 7(8) | — |
| Article 7(9) | — |
| Article 7(10) | — |
| Article 7(11) | — |
| | Article 8(11), (12) and (13) |
| Article 7(12) | Article 8(14) |
| Article 7a (1), (2) and (3) | Article 9(1), (2) and (3) |
| — | Article 9(4), (5) and (6) |
| Article 7a (4) and (5) | Article 9(7) and (8) |
| — | Article 9(9) |
| Article 7a (6) and (7) | Article 9(10) and (11) |
| Article 7b (1) and (2) | Article 10(1) and (2) |
| — | Article 10(3) and (4) |
| — | Article 11(1) and (2) |
| Article 8(1) and (2) | Article 11(3) and (4) |
| Article 8(3) and (4) | — |
| — | Article 11(5) |
| Article 8(5) | Article 11(6) |
| — | Article 11(7) |
| Article 8(6) | Artice 11(8) |
| Article 8(7) | Article 11(9) |
| — | Article 11(10) |
| Article 9 | Article 12 |
| Article 9a | Article 13 |
| Article 9b | Article 14 |
| Article 9c | Article 15 |
| Article 10 | Article 16 |
| Article 10a | Article 17 |
| Article 11 | Article 18 |
| Article 11a | Article 19 |
| — | Article 20 |
| — | Article 21(1) |
| Article 12(1) | Article 21(2) |
| Article 12(2), introductory wording and point (a), subpoints (i) to (v) | Article 21(2), second subparagraph, subpoints (i) to (v)
  Article 21(2), second subparagraph, subpoint (vi) |
| Article 12(2), point (b) | Article 21(2), third subparagraph |
| — | Article 21(2), third subparagraph, point (i) |
| Article 12(2), point (b), subpoints (i) and (ii) | Article 21(2), third subparagraph, points (ii) and (iii) |
| — | Article 21(2), third subparagraph, point (iv) |
| — | Article 21(4) |
| — | Article 21(5), third and fourth subparagraphs |
| — | Article 22 |
| Article 13 | Article 30 |
| Article 14(1) and (2) | — |
| — | Article 23(1) and (2) |
| Article 14(3) | Article 23(3), first subparagraph |
| — | Article 23(3), second subparagraph |
| Article 14(4) | Article 23(4) |
| — | Article 23(5) and (6) |
| — | Article 24(1), (2) and (3) |
| Article 14(5), introductory wording and point (a) | Article 24(4), introductory wording and point (a) |
| Article 14(5), points (b), (c) and (d) | — |
| — | Article 24(4), points (b), (c) and (d) and second subparagraph |
| Article 14(5), second and third subparagraphs | Article 24(4), third and fourth subparagraphs |
| Article 14(6), point (a) | Article 24(5), point (a) |
| Article 14(6), point (b) | — |
| Article 14(6), point (c) | Article 24(5), point (b) |
| — | Article 24(5), point (c) |
| Article 14(6), second and third subparagraphs | Article 24(5), second and third subparagraphs |
| Article 14(7), (8) and (9) | Article 24(6), (7) and (8) |
| — | Article 24(9) |
| Article 14(10) and (11) | Article 24(10) and (11) |
| Article 15(1), first subparagraph | Article 25(1) |
| Article 15(1), second and third subparagraphs | — |
| — | Article 25(2), (3) and (4) |
| Article 15(1), fourth subparagraph | Article 25(5) |
| Article 15(2) and (2a) | — |
| Article 15(3), (4) and (5), first subparagraph | Article 25(6), (7) and (8) |
| Article 15(5), second suparagraph | — |
| Article 15(6), first subparagraph | — |
| Article 15(6), second subparagraph | Article 25(9) |
| Article 15(7) | Article 25(10) |
| Article 15(9), first subparagraph | Article 25(11) |
| Article 15(9), second subparagraph | — |
| Article 16(1) and (2) | — |
| — | Article 26(1) and (2) |
| Article 16(3) | Article 26(3) |
| — | Article 26(4) |
| Article 17(1), first subparagraph | — |
| Article 17(1), second subparagraph | Article 28(3) |
| Article 17(2) | Article 21(3) |
| Article 17(3) | — |
| Article 17(4) | — |
| Article 17(5) | Article 21(6) |
| Article 18(1), introductory wording | Article 27(1), introductory wording |
| Article 18(1), point (a), subpoints (i) and (ii) | Article 27(1), points (a) and (b) |
| — | Article 27(1), points (c) and (d) |
| Article 18(1), point (b) | Article 27(2) |
| Article 18(1), point (c) | Article 27(3) |
| — | Article 27(4) |
| Article 18(1), point (d), subpoints (i) and (ii) | Article 27(5), points (a) and (b) |
| — | Article 27(5), point (c) |
| Article 18(2), points (a) and (b) | Article 27(6), points (a) and (b) |
| Article 18(2), point (c) and (d) | — |
| — | Article 27(6), point (c) |
| — | Article 27(7) |
| Article 18(3) | Article 27(8) |
| Article 19(1), point (a) | Article 21(5), first subparagraph |
| Article 19(1), point (b) | Article 7(7), first subparagraph |
| Article 19(1), second subparagraph | Article 21(5), second subparagraph |
| Article 19(2) | — |
| Article 20(1) and (2) | Article 28(1) and (2) |
| — | Article 28(3) |
| Article 20(3), (3a), (3b) and (3c) | Article 28(4), (5), (6) and (7) |
| Article 20(3d) | Article 28(8), first subparagraph |
| — | Article 28(8), second subparagraph |
| Article 20(4), (5), (6) and (7) | Article 28(9), (10), (11) and (12) |
| Article 21 | Article 29(1) |
| — | Article 29(2), (3), (4), (5), (6) and (7) |
| Article 22(1) and (2) | Article 31(1) and (2) |
| — | Article 31(3) |
| Article 23 | Article 32 |
| Article 24(4a), (5) and (6) | Article 33(1), (2) and (3) |
| Article 24(7), (8), (9), (10), (12) | — |
| Article 24(13) and (14) | Article 33(4) and (5) |
| Article 24(15), introductory wording | Article 33(7), introductory wording |
| Article 24(15), point (a) | — |
| Article 24(15), point (b) | Article 33(7), point (a) |
| | Article 33(7), point (b), (c), (d), (e) and (f) |
| Article 24(15), second subparagraph | Article 33(7), second subparagraph |
| Article 25 | — |
| Article 26 | Article 34 |
| Article 27, first subparagraph | Article 36, first subparagraph |
| Article 27, second subparagraph | — |
| Article 27, third subparagraph | Article 36, second subparagraph |
| Article 27(2) and (3) | — |
| Article 28(1), first subparagraph | Article 35(1), first subparagraph |
| Article 28(1), second subparagraph | — |
| Article 28(1), third and fourth subparagraphs | Article 35(1), second and third subparagraphs |
| Article 28(2) | Article 35(2) |
| Article 29 | Article 37 |
| Article 30 | Article 38 |
| — | Annex I |
| Annex I | Annex II |
| Annex II | Annex III |
| Annex III | Annex IV |
| Annex IV | — |
| Annex V | Annex V |
| Annex VI | Annex VI |
| Annex VII | Annex VII |
| Annex VIIa | Annex VIII |
| Annex VIII | Annex IX |
| Annex IX | Annex X |
| Annex X | Annex XI |
| Annex XI | Annex XII |
| Annex XII | Annex XIII |
| Annex XIII | Annex XIV |
| Annex XV | — |
| — | Annex XV |
| — | Annex XVI |

Directive 2012/27/EU

This Directive

Article 1

Article 1

Article 2, introductory wording

Article 2, introductory wording

Article 2, point 1

Article 2, point 1

—

Article 2, points 2 and 3

Article 2, point 2

Article 2, point 4

Article 2, point 3

Article 2, point 5

Article 2, point 4

Article 2, point 6

Article 2, point 5

Article 2, point 7

Article 2, point 6

Article 2, point 8

Article 2, point 7

Article 2, point 9

Article 2, point 8

Article 2, point 10

Article 2, point 9

—

Article 2, point 10

Article 2, point 11

Article 2, points 12 and 13

Article 2, point 11

Article 2, point 14

Article 2, point 12

Article 2, point 15

Article 2, point 13

Article 2, point 16

Article 2, point 14

Article 2, point 17

Article 2, point 15

Article 2, point 18

Article 2, point 16

Article 2, point 19

Article 2, point 17

Article 2, point 20

Article 2, point 18

Article 2, point 21

Article 2, point 19

Article 2, point 22

Article 2, point 20

Article 2, point 23

Article 2, point 21

Article 2, point 24

Article 2, point 22

Article 2, point 25

Article 2, point 23

Article 2, point 26

Article 2, point 24

Article 2, point 27

Article 2, point 25

Article 2, point 28

Article 2, point 26

—

Article 2, point 27

Article 2, point 29

Article 2, point 28

Article 2, point 30

Article 2, point 29

Article 2, point 31

Article 2, point 30

Article 2, point 32

Article 2, point 31

Article 2, point 33

Article 2, point 32

Article 2, point 34

Article 2, point 33

Article 2, point 35

Article 2, point 34

Article 2, point 36

Article 2, point 35

Article 2, point 37

Article 2, point 36

Article 2, point 38

Article 2, point 37

Article 2, point 39

Article 2, point 38

Article 2, point 40

Article 2, point 39

Article 2, point 41

Article 2, point 40

—

Article 2, point 41

Article 2, point 42

Article 2, point 42

Article 2, point 43

Article 2, point 43

Article 2, point 44

—

Article 2, point 45

Article 2, points 44 and 45

Article 2, points 46 and 47

—

Article 2, points 48, 49 and 50

—

Article 3

—

Article 4(1)

Article 3(1), first subparagraph

Article 4(2), first subparagraph

Article 3(1), second subparagraph, introductory wording

Article 4(2), second subparagraph, introductory wording

Article 3(1), second subparagraph, points (a) and (b)

Article 4(2), second subparagraph, points (a) and (b)

Article 3(1), second subparagraph, point (c)

—

Article 3(1), second subparagraph, point (d)

Article 4(2), second subparagraph, point (c)

Article 3(1), third subparagraph, introductory wording

—

—

Article 4(2), second subparagraph, point (d), introductory wording

—

Article 4(2), second subparagraph, points (d)(i), (ii) and (iii)

Article 3(1), third subparagraph, point (a)

Article 4(2), second subparagraph, point (d)(iv)

—

Article 4(2), second subparagraph, point (e), introductory wording

Article 3(1), third subparagraph, point (b)

Article 4(2), second subparagraph, point (e)(i)

Article 3(1), third subparagraph, point (c)

Article 4(2), second subparagraph, point (e)(ii)

Article 3(1), third subparagraph, point (d)

Article 4(2), second subparagraph, point (e)(iii)

Article 3(1), third subparagraph, point (e)

—

Article 3(2) and (3)

—

Article 3(4)

Article 33(6)

Article 3(5) and (6)

—

—

Article 4(3)

—

Article 4(4)

—

Article 5

Article 5(1), first subparagraph

Article 6(1), first subparagraph

Article 5(1), second subparagraph

—

Article 5(1), third subparagraph

Article 6(1), second subparagraph

Article 5(1), fourth and fifth subparagraph

—

Article 5(2) and (3)

—

Article 5(4)

Article 6(2)

Article 5(5)

Article 6(3)

Article 5(6) and (7)

—

Article 6(1), first subparagraph

Article 7(1), first subparagraph

Article 6(1), second subparagraph

—

—

Article 7(1), second subparagraph

Article 6(1), third subparagraph

—

Article 6(2), (3) and (4)

Article 7(2), (3) and (4)

—

Article 7(5) and (6)

—

Article 7(7), second subparagraph

Article 7(1), introductory wording, point (a) and (b)

Article 8(1), introductory wording, point (a) and (b)

—

Article 8(1), point (c)

Article 7(1), second subparagraph

Article 8(5)

Article 7(1), third subparagraph

Article 8(1), second subparagraph

Article 7(1), fourth subparagraph

Article 8(1), third subparagraph

—

Article 8(2), (3) and (4)

Article 7(2)

Article 8(6)

Article 7(3)

Article 8(7)

Article 7(4)

Article 8(8)

Article 7(5)

Article 8(9)

Article 7(6)

Article 8(10)

Article 7(7)

—

Article 7(8)

—

Article 7(9)

—

Article 7(10)

—

Article 7(11)

—

Article 8(11), (12) and (13)

Article 7(12)

Article 8(14)

Article 7a (1), (2) and (3)

Article 9(1), (2) and (3)

—

Article 9(4), (5) and (6)

Article 7a (4) and (5)

Article 9(7) and (8)

—

Article 9(9)

Article 7a (6) and (7)

Article 9(10) and (11)

Article 7b (1) and (2)

Article 10(1) and (2)

—

Article 10(3) and (4)

—

Article 11(1) and (2)

Article 8(1) and (2)

Article 11(3) and (4)

Article 8(3) and (4)

—

—

Article 11(5)

Article 8(5)

Article 11(6)

—

Article 11(7)

Article 8(6)

Artice 11(8)

Article 8(7)

Article 11(9)

—

Article 11(10)

Article 9

Article 12

Article 9a

Article 13

Article 9b

Article 14

Article 9c

Article 15

Article 10

Article 16

Article 10a

Article 17

Article 11

Article 18

Article 11a

Article 19

—

Article 20

—

Article 21(1)

Article 12(1)

Article 21(2)

Article 12(2), introductory wording and point (a), subpoints (i) to (v)

Article 21(2), second subparagraph, subpoints (i) to (v)

Article 21(2), second subparagraph, subpoint (vi)

Article 12(2), point (b)

Article 21(2), third subparagraph

—

Article 21(2), third subparagraph, point (i)

Article 12(2), point (b), subpoints (i) and (ii)

Article 21(2), third subparagraph, points (ii) and (iii)

—

Article 21(2), third subparagraph, point (iv)

—

Article 21(4)

—

Article 21(5), third and fourth subparagraphs

—

Article 22

Article 13

Article 30

Article 14(1) and (2)

—

—

Article 23(1) and (2)

Article 14(3)

Article 23(3), first subparagraph

—

Article 23(3), second subparagraph

Article 14(4)

Article 23(4)

—

Article 23(5) and (6)

—

Article 24(1), (2) and (3)

Article 14(5), introductory wording and point (a)

Article 24(4), introductory wording and point (a)

Article 14(5), points (b), (c) and (d)

—

—

Article 24(4), points (b), (c) and (d) and second subparagraph

Article 14(5), second and third subparagraphs

Article 24(4), third and fourth subparagraphs

Article 14(6), point (a)

Article 24(5), point (a)

Article 14(6), point (b)

—

Article 14(6), point (c)

Article 24(5), point (b)

—

Article 24(5), point (c)

Article 14(6), second and third subparagraphs

Article 24(5), second and third subparagraphs

Article 14(7), (8) and (9)

Article 24(6), (7) and (8)

—

Article 24(9)

Article 14(10) and (11)

Article 24(10) and (11)

Article 15(1), first subparagraph

Article 25(1)

Article 15(1), second and third subparagraphs

—

—

Article 25(2), (3) and (4)

Article 15(1), fourth subparagraph

Article 25(5)

Article 15(2) and (2a)

—

Article 15(3), (4) and (5), first subparagraph

Article 25(6), (7) and (8)

Article 15(5), second suparagraph

—

Article 15(6), first subparagraph

—

Article 15(6), second subparagraph

Article 25(9)

Article 15(7)

Article 25(10)

Article 15(9), first subparagraph

Article 25(11)

Article 15(9), second subparagraph

—

Article 16(1) and (2)

—

—

Article 26(1) and (2)

Article 16(3)

Article 26(3)

—

Article 26(4)

Article 17(1), first subparagraph

—

Article 17(1), second subparagraph

Article 28(3)

Article 17(2)

Article 21(3)

Article 17(3)

—

Article 17(4)

—

Article 17(5)

Article 21(6)

Article 18(1), introductory wording

Article 27(1), introductory wording

Article 18(1), point (a), subpoints (i) and (ii)

Article 27(1), points (a) and (b)

—

Article 27(1), points (c) and (d)

Article 18(1), point (b)

Article 27(2)

Article 18(1), point (c)

Article 27(3)

—

Article 27(4)

Article 18(1), point (d), subpoints (i) and (ii)

Article 27(5), points (a) and (b)

—

Article 27(5), point (c)

Article 18(2), points (a) and (b)

Article 27(6), points (a) and (b)

Article 18(2), point (c) and (d)

—

—

Article 27(6), point (c)

—

Article 27(7)

Article 18(3)

Article 27(8)

Article 19(1), point (a)

Article 21(5), first subparagraph

Article 19(1), point (b)

Article 7(7), first subparagraph

Article 19(1), second subparagraph

Article 21(5), second subparagraph

Article 19(2)

—

Article 20(1) and (2)

Article 28(1) and (2)

—

Article 28(3)

Article 20(3), (3a), (3b) and (3c)

Article 28(4), (5), (6) and (7)

Article 20(3d)

Article 28(8), first subparagraph

—

Article 28(8), second subparagraph

Article 20(4), (5), (6) and (7)

Article 28(9), (10), (11) and (12)

Article 21

Article 29(1)

—

Article 29(2), (3), (4), (5), (6) and (7)

Article 22(1) and (2)

Article 31(1) and (2)

—

Article 31(3)

Article 23

Article 32

Article 24(4a), (5) and (6)

Article 33(1), (2) and (3)

Article 24(7), (8), (9), (10), (12)

—

Article 24(13) and (14)

Article 33(4) and (5)

Article 24(15), introductory wording

Article 33(7), introductory wording

Article 24(15), point (a)

—

Article 24(15), point (b)

Article 33(7), point (a)

Article 33(7), point (b), (c), (d), (e) and (f)

Article 24(15), second subparagraph

Article 33(7), second subparagraph

Article 25

—

Article 26

Article 34

Article 27, first subparagraph

Article 36, first subparagraph

Article 27, second subparagraph

—

Article 27, third subparagraph

Article 36, second subparagraph

Article 27(2) and (3)

—

Article 28(1), first subparagraph

Article 35(1), first subparagraph

Article 28(1), second subparagraph

—

Article 28(1), third and fourth subparagraphs

Article 35(1), second and third subparagraphs

Article 28(2)

Article 35(2)

Article 29

Article 37

Article 30

Article 38

—

Annex I

Annex I

Annex II

Annex II

Annex III

Annex III

Annex IV

Annex IV

—

Annex V

Annex V

Annex VI

Annex VI

Annex VII

Annex VII

Annex VIIa

Annex VIII

Annex VIII

Annex IX

Annex IX

Annex X

Annex X

Annex XI

Annex XI

Annex XII

Annex XII

Annex XIII

Annex XIII

Annex XIV

Annex XV

—

—

Annex XV

—

Annex XVI

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0221/2022).

1

(*1)  Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌.

*1

(2)  OJ C 152, 6.4.2022, p. 134.

2

(3)  OJ C [...], [...], p. [...].

3

(4)  Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).

4

(5)  See Annex XV, Part A.

5

(6)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people, COM(2020)0562.

6

(7)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal, COM(2019)0640.

7

(8)  https://www.consilium.europa.eu/media/47296/1011-12-20-euco-conclusions-en.pdf.

8

(9)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Commission Work Programme 2021 A Union of vitality in a world of fragility COM(2020)0690.

9

(10)  Communication A Clean Planet for all — A European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy (COM(2018)0773), where the role of energy efficiency as a condition sine qua non for all decarbonisation scenarios is assessed.

10

(11)  See also European Commission, Final study report, Energy-efficient Cloud Computing Technologies and Policies for an Eco-friendly Cloud Market, https://digital-strategy.ec.europa.eu/en/library/energy-efficient-cloud-computing-technologies-and-policies-eco-friendly-cloud-market.

11

(12)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Shaping Europe's digital future (COM(2020)0067).

12

(13)  OJ L 198, 22.6.2020, p. 13.

13

(14)  Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council, PE/55/2018/REV/1, OJ L 328, 21.12.2018, p. 1.

14

(15)  An EU Strategy for Energy System Integration COM(2020)0299.

15

(16)  
  Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022 on guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013 (OJ L 152, 3.6.2022, p. 45).

16

Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022 on guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013 (OJ L 152, 3.6.2022, p. 45).

(17)  Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).

17

(18)  Commission Recommendation on energy poverty, C(2020) 9600 final.

18

(19)  Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).

19

(20)  Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).

20

(21)  Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products; Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and Regulation (EU) 2020/740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres with respect to fuel efficiency and other parameters respectively.

21

(22)  Moreover, implementation of the product reviews under the Ecodesign Working Plan 2020-2024 and the ‘Renovation Wave’ Action plan, together with the review of the EPBD, will make an important contribution to reaching the 2030 energy saving target.

22

(23)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank — A Clean Planet for all A European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy (COM(2018)0773).

23

(24)  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).

24

(25)  COM(2020)0562.

25

(26)  See IRP, Resource Efficiency and Climate Change, 2020, and UN Environment Emissions Gap Report, 2019. These figures refer to the use and operation of buildings, including indirect emissions in the power and heat sector, not their full life cycle. The embodied carbon in construction is estimated to account for about 10 % of total yearly greenhouse gas emissions worldwide.

26

(27)  COM(2020)0662.

27

(28)  Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).

28

(29)  https://www.unfpa.org/world-population-trends

29

(30)  https://www.un.org/en/ecosoc/integration/pdf/fact_sheet.pdf

30

(31)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).

31

(32)  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).

32

(33)  Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

33

(34)  Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).

34

(35)  Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).

35

(36)  IEA (International Energy Agency) (2021), Net Zero by 2050 A Roadmap for the Global Energy Sector, https://www.iea.org/reports/net-zero-by-2050.

36

(37)  Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).

37

(38)  COMMISSION RECOMMENDATION of 14.10.2020 on energy poverty, C(2020) 9600 final.

38

(39)  https://digital-strategy.ec.europa.eu/en/library/energy-efficient-cloud-computing-technologies-and-policies-eco-friendly-cloud-market

39

(40)  
  Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

40

Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

(41)  Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (OJ L 334, 17.12.2010, p. 17).

41

(42)  Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide (OJ L 140, 5.6.2009, p. 114).

42

(43)  
  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

43

Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

(44)  Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).

44

(45)  Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks (OJ L 211, 14.8.2009, p. 36).

45

(46)  EPSR, Principle 20 ‘Access to essential services’: https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/economy-works-people/jobs-growth-and-investment/european-pillar-social-rights/european-pillar-social-rights-20-principles_en#:~:text=Everyone%20has%20the%20right%20to%20access%20essential%20services%20of%20good,available%20for%20those%20in%20need

46

(47)  Proposal for a Regulation of the European Parliament and of the Council establishing a Social Climate Fund, COM(2021)0568.

47

(48)  https://ec.europa.eu/eurostat/documents/1015035/8885635/guide_to_statistical_treatment_of_epcs_en.pdf/f74b474b-8778-41a9-9978-8f4fe8548ab1

48

(49)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

49

(50)  Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).

50

(51)  Commission Decision 2014/746/EU of 27 October 2014 determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage, for the period 2015 to 2019 (OJ L 308, 29.10.2014, p. 114).

51

(52)  OJ L 123, 12.5.2016, p. 1.

52

(53)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

53

(54)  Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304, 14.11.2008, p. 1).

54

(55)  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).

55

(56)  
  Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

56

Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

(57)  
  Commission Regulation (EU) 2022/132 of 28 January 2022 amending Regulation (EC) No 1099/2008 of the European Parliament and of the Council on energy statistics, as regards the implementation of updates for the annual, monthly and short-term monthly energy statistics (OJ L 20, 31.1.2022, p. 208).

57

Commission Regulation (EU) 2022/132 of 28 January 2022 amending Regulation (EC) No 1099/2008 of the European Parliament and of the Council on energy statistics, as regards the implementation of updates for the annual, monthly and short-term monthly energy statistics (OJ L 20, 31.1.2022, p. 208).

(58)  
  Commission Recommendation (EU) 2021/1749 of 28 September 2021 on Energy Efficiency First: from principles to practice — Guidelines and examples for its implementation in decision-making in the energy sector and beyond.

58

Commission Recommendation (EU) 2021/1749 of 28 September 2021 on Energy Efficiency First: from principles to practice — Guidelines and examples for its implementation in decision-making in the energy sector and beyond.

(59)  The Union’s energy efficiency target was initially set and calculated using the 2007 Reference Scenario projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target is set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition by at least 9 % in 2030 compared to the level of efforts under the 2020 Reference Scenario. The new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts needed.

59

(60)  Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security (OJ L 216, 20.8.2009, p. 76).

60

(61)  Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).

61

(62)  Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012, OJ L 334, 31.12.2018, p. 1.

62

(63)  Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757, (Text with EEA relevance){SEC(2021)0551} — {SWD(2021)0557} — {SWD(2021)0601} -{SWD(2021)0602.

63

(64)  Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

64

(65)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).

65

(66)  Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).

66

(67)  Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).

67

(68)  Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).

68

(69)  Commission Delegated Regulation (EU) 2015/2402 of 12 October 2015 reviewing harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2012/27/EU of the European Parliament and of the Council and repealing Commission Implementing Decision 2011/877/EU (OJ L 333, 19.12.2015, p. 54).

69

(70)  Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 , (OJ L 218, 13.8.2008, p. 30).

70

(71)  Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1).

71

(72)  Commission Decision 2008/952/EC of 19 November 2008 establishing detailed guidelines for the implementation and application of Annex II to Directive 2004/8/EC of the European Parliament and of the Council (OJ L 338, 17.12.2008, p. 55).

72

(73)  Regulation (EU) 2020/740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres with respect to fuel efficiency and other parameters, amending Regulation (EU) 2017/1369 and repealing Regulation (EC) No 1222/2009 (OJ L 177, 5.6.2020, p. 1).

73

(74)  Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).

74

(75)  Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51).

75

(76)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

76

(77)  The amount of thermal energy needed to satisfy the heating and cooling demand of end-users.

77

(78)  The most recent data available should be used.

78

(79)  The most recent data available should be used.

79

(80)  The identification of ‘renewable cooling’ shall, after the methodology for calculating the quantity of renewable energy used for cooling and district cooling is established in accordance with Article 35 of Directive (EU) 2018/2001, be carried out in accordance with that Directive. Until then it shall be carried out according to an appropriate national methodology.

80

(81)  The analysis of the economic potential should present the volume of energy (in GWh) that can be generated per year by each technology analysed. The limitations and interrelations within the energy system should also be taken into account. The analysis may make use of models based on assumptions representing the operation of common types of technologies or systems.

81

(82)  Including the assessment referred to in Article 15, paragraph 7 of Directive (EU) 2018/2001.

82

(83)  The cut-off date for taking into account policies for the baseline scenario is the end of the year preceding to the year by the end of which the comprehensive assessment is due. That is to say, policies enacted within a year prior to the deadline for submission of the comprehensive assessment do not need to be taken into account.

83

(84)  This overview shall include financing measures and programmes that may be adopted over the period of the comprehensive assessment, not prejudging a separate notification of the public support schemes for a State aid assessment.

84

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/397 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/397

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P9_TA(2022)0316

Adequate minimum wages in the European Union ***I

European Parliament legislative resolution of 14 September 2022 on the proposal for a directive of the European Parliament and of the Council on adequate minimum wages in the European Union (COM(2020)0682 — C9-0337/2020 — 2020/0310(COD))

(Ordinary legislative procedure: first reading)

(2023/C 125/25)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0682), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0682),

| — | having regard to Article 294(2) and Article 153(2), in conjunction with point (b) of Article 153(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0337/2020), |
| --- | --- |

—

having regard to Article 294(2) and Article 153(2), in conjunction with point (b) of Article 153(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0337/2020),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | 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 reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Danish Parliament, the Maltese Parliament and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Danish Parliament, the Maltese Parliament and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 25 March 2021 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 25 March 2021 (1),

| — | having regard to the opinion of the Committee of the Regions of 19 March 2021 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 19 March 2021 (2),

| — | 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 15 June 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 15 June 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 Rules 59 and 40 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 59 and 40 of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Women's Rights and Gender Equality, |
| --- | --- |

—

having regard to the opinion of the Committee on Women's Rights and Gender Equality,

| — | having regard to the report of the Committee on Employment and Social Affairs (A9-0325/2021), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A9-0325/2021),

| 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 220, 9.6.2021, p. 106.

(2)  OJ C 175, 7.5.2021, p. 89.

---

P9_TC1-COD(2020)0310

Position of the European Parliament adopted at first reading on 14 September 2022 with a view to the adoption of Directive (EU) 2022/... of the European Parliament and of the Council on adequate minimum wages in the European Union

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2022/2041.)

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/398 |
| --- | --- | --- | --- |

5.4.2023

EN

Official Journal of the European Union

C 125/398

---

P9_TA(2022)0317

Renewable Energy Directive ***I

Amendments adopted by the European Parliament on 14 September 2022 on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652 (COM(2021)0557 — C9-0329/2021 — 2021/0218(COD)) (1)

(Ordinary legislative procedure: first reading)

[Amendment 1, unless otherwise indicated]

(2023/C 125/26)

AMENDMENTS BY THE EUROPEAN PARLIAMENT (*1)

to the Commission proposal

2021/0218(COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and 194(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (2),

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the ordinary legislative procedure,

Whereas:

| (1) | The European Green Deal (4) establishes the objective of the Union becoming climate neutral in 2050 in a manner that contributes to the European economy, growth and job creation. That objective, and the objective of a ▌reduction
  of at least
  55 % greenhouse gas emissions by 2030 as set out in
  Regulation (EU) 2021/1119 (the European Climate Law)
  ,, requires an energy transition and significantly higher shares of renewable energy sources in an integrated energy system. |
| --- | --- |

(1)

The European Green Deal (4) establishes the objective of the Union becoming climate neutral in 2050 in a manner that contributes to the European economy, growth and job creation. That objective, and the objective of a ▌reduction
  of at least
  55 % greenhouse gas emissions by 2030 as set out in
  Regulation (EU) 2021/1119 (the European Climate Law)
  ,, requires an energy transition and significantly higher shares of renewable energy sources in an integrated energy system.

| (1a) | The energy transition affects Member States, regions, economic sectors and citizens differently and depending on their particular situation. It is therefore essential to ensure that the Green Deal is implemented in a way that promotes economic, social and territorial cohesion in the Union and that the energy transition is just and inclusive. In particular, it must be ensured that disruptions are avoided in critical sectors that meet basic needs of the economy and society, such as mobility. |
| --- | --- |

(1a)

The energy transition affects Member States, regions, economic sectors and citizens differently and depending on their particular situation. It is therefore essential to ensure that the Green Deal is implemented in a way that promotes economic, social and territorial cohesion in the Union and that the energy transition is just and inclusive. In particular, it must be ensured that disruptions are avoided in critical sectors that meet basic needs of the economy and society, such as mobility.

| (1b) | Energy is an essential production factor that is in constant demand and vitally important in economic, social and environmental terms. All human activities, including transport, depend on sufficient and affordable energy being available when needed. |
| --- | --- |

(1b)

Energy is an essential production factor that is in constant demand and vitally important in economic, social and environmental terms. All human activities, including transport, depend on sufficient and affordable energy being available when needed.

| (1c) | The General Union Environment Action Programme to 2030 (8th EAP) sets out thematic priority objectives for 2030 in the areas of climate change mitigation, adaptation to climate change, protecting and restoring biodiversity, a non-toxic circular economy, a zero pollution environment and minimising environmental pressures from production and consumption across all sectors of the economy and recognises that these objectives, which address both drivers and impacts of environmental damage, are inherently interlinked. The 8th EAP also has a long-term priority objective that by 2050 at the latest, people live well, within the planetary boundaries in a well-being economy where nothing is wasted, growth is regenerative, climate neutrality in the Union has been achieved and inequalities have been significantly reduced. A healthy environment underpins the well-being of all people and is an environment in which biodiversity is conserved, ecosystems thrive, and nature is protected and restored, leading to increased resilience to climate change, weather and climate-related disasters and other environmental risks. |
| --- | --- |

(1c)

The General Union Environment Action Programme to 2030 (8th EAP) sets out thematic priority objectives for 2030 in the areas of climate change mitigation, adaptation to climate change, protecting and restoring biodiversity, a non-toxic circular economy, a zero pollution environment and minimising environmental pressures from production and consumption across all sectors of the economy and recognises that these objectives, which address both drivers and impacts of environmental damage, are inherently interlinked. The 8th EAP also has a long-term priority objective that by 2050 at the latest, people live well, within the planetary boundaries in a well-being economy where nothing is wasted, growth is regenerative, climate neutrality in the Union has been achieved and inequalities have been significantly reduced. A healthy environment underpins the well-being of all people and is an environment in which biodiversity is conserved, ecosystems thrive, and nature is protected and restored, leading to increased resilience to climate change, weather and climate-related disasters and other environmental risks.

| (1d) | The General Union Environment Action Programme to 2030 (‘8th EAP’), the framework for Union action in the field of the environment and climate, aims to accelerate the green transition to a climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy-based, resilient and competitive circular economy in a just, equitable and inclusive way, and to protect, restore and improve the state of the environment by, inter alia, halting and reversing biodiversity loss. It supports and strengthens an integrated policy and implementation approach, building upon the European Green Deal. The 8th EAP recognises that achieving this transition will require systemic change which, according to the EEA, entails a fundamental, transformative and cross-cutting change that implies major shifts and reorientation in system goals, incentives, technologies, social practices and norms, as well as in knowledge systems and governance approaches. |
| --- | --- |

(1d)

The General Union Environment Action Programme to 2030 (‘8th EAP’), the framework for Union action in the field of the environment and climate, aims to accelerate the green transition to a climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy-based, resilient and competitive circular economy in a just, equitable and inclusive way, and to protect, restore and improve the state of the environment by, inter alia, halting and reversing biodiversity loss. It supports and strengthens an integrated policy and implementation approach, building upon the European Green Deal. The 8th EAP recognises that achieving this transition will require systemic change which, according to the EEA, entails a fundamental, transformative and cross-cutting change that implies major shifts and reorientation in system goals, incentives, technologies, social practices and norms, as well as in knowledge systems and governance approaches.

| (1e) | Ensuring that legislative initiatives, programmes, investments, projects and their implementation are consistent with, contribute where relevant, and do no harm to any of the 8th EAP objectives is necessary for the objectives’ achievement. Furthermore, ensuring that social inequalities resulting from climate- and environmental-related impacts and policies are minimised and that measures taken to protect the environment and climate are carried out in a socially fair and inclusive way, as well as gender mainstreaming throughout climate and environmental policies, including by incorporating a gender perspective at all stages of the policy-making process, will be required to meet the objectives of the 8th EAP and, as such, are also laid down as enabling conditions in the 8th EAP. |
| --- | --- |

(1e)

Ensuring that legislative initiatives, programmes, investments, projects and their implementation are consistent with, contribute where relevant, and do no harm to any of the 8th EAP objectives is necessary for the objectives’ achievement. Furthermore, ensuring that social inequalities resulting from climate- and environmental-related impacts and policies are minimised and that measures taken to protect the environment and climate are carried out in a socially fair and inclusive way, as well as gender mainstreaming throughout climate and environmental policies, including by incorporating a gender perspective at all stages of the policy-making process, will be required to meet the objectives of the 8th EAP and, as such, are also laid down as enabling conditions in the 8th EAP.

| (1f) | The 2030 climate mitigation objective of the 8th EAP is swift and predictable reduction of greenhouse gas emissions and, at the same time, enhancement of removals by natural sinks in the Union to attain the 2030 greenhouse gas emission reduction target as laid down in Regulation (EU) 2021/1119, in line with the Union’s climate and environment objectives, whilst ensuring a just transition that leaves no one behind. To help achieve its objectives, the 8th EAP also lays down the enabling condition of phasing out of environmentally harmful subsidies, including through setting a deadline for the phasing out of fossil fuel subsidies consistent with the ambition of limiting global warming to 1,5 oC as well as a binding Union framework to monitor and report on Member States’ progress towards phasing out fossil fuel subsidies, based on an agreed methodology. |
| --- | --- |

(1f)

The 2030 climate mitigation objective of the 8th EAP is swift and predictable reduction of greenhouse gas emissions and, at the same time, enhancement of removals by natural sinks in the Union to attain the 2030 greenhouse gas emission reduction target as laid down in Regulation (EU) 2021/1119, in line with the Union’s climate and environment objectives, whilst ensuring a just transition that leaves no one behind. To help achieve its objectives, the 8th EAP also lays down the enabling condition of phasing out of environmentally harmful subsidies, including through setting a deadline for the phasing out of fossil fuel subsidies consistent with the ambition of limiting global warming to 1,5 oC as well as a binding Union framework to monitor and report on Member States’ progress towards phasing out fossil fuel subsidies, based on an agreed methodology.

| (1g) | This Directive aims to ensure that, as part of the EU’s energy policy, investments in renewable energy production are encouraged while upholding the energy sovereignty of each Member State. |
| --- | --- |

(1g)

This Directive aims to ensure that, as part of the EU’s energy policy, investments in renewable energy production are encouraged while upholding the energy sovereignty of each Member State.

| (1h) | The renewable energy directive is part of the ‘Fit for 55 package’, which will also have multiple effects on the Union, including on competitiveness, job creation, household purchasing power, the achievement of climate targets and on the magnitude of carbon leakage. As such, a comprehensive evaluation of the aggregated macroeconomic impact of the Regulations that make up the ‘Fit for 55 package’ should be carried out on a regular basis. |
| --- | --- |

(1h)

The renewable energy directive is part of the ‘Fit for 55 package’, which will also have multiple effects on the Union, including on competitiveness, job creation, household purchasing power, the achievement of climate targets and on the magnitude of carbon leakage. As such, a comprehensive evaluation of the aggregated macroeconomic impact of the Regulations that make up the ‘Fit for 55 package’ should be carried out on a regular basis.

| (2) | Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75 % of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss
  , land, water and air pollution, as long as the use of the renewable energy sources themselves does not exacerbate those challenges
  .
  The low operating costs of renewable energy and the reduced exposure to price shocks compared to fossil fuels gives renewable energy a key role in tackling energy poverty. |
| --- | --- |

(2)

Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75 % of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss
  , land, water and air pollution, as long as the use of the renewable energy sources themselves does not exacerbate those challenges
  .
  The low operating costs of renewable energy and the reduced exposure to price shocks compared to fossil fuels gives renewable energy a key role in tackling energy poverty.

| (2a) | With ever more countries committing to climate-neutrality by mid-century, both domestic and global demand for renewable technologies are projected to rise and offer significant opportunities for job creation, the expansion of a European renewables industrial base and continued European leadership in research and development of innovative renewable technologies, which in turn enhance the competitive advantage of European companies and the EU's energy independence from fossil fuel imports. |
| --- | --- |

(2a)

With ever more countries committing to climate-neutrality by mid-century, both domestic and global demand for renewable technologies are projected to rise and offer significant opportunities for job creation, the expansion of a European renewables industrial base and continued European leadership in research and development of innovative renewable technologies, which in turn enhance the competitive advantage of European companies and the EU's energy independence from fossil fuel imports.

| (2b) | The share of gross final energy consumption from renewable sources in EU reached 22 % in 2020
   (5)

  , 2 percentage points (pp) above the target for the share of renewable energy in gross final energy consumption for 2020, as set out in Directive 2009/28/EC on the promotion of the use of energy from renewable sources. |
| --- | --- |

(2b)

The share of gross final energy consumption from renewable sources in EU reached 22 % in 2020
   (5)

  , 2 percentage points (pp) above the target for the share of renewable energy in gross final energy consumption for 2020, as set out in Directive 2009/28/EC on the promotion of the use of energy from renewable sources.

| (2c) | Renewable energy is a key enabler of sustainable development, contributing directly and indirectly to many Sustainable Development Goals (SDGs), including poverty alleviation, education, water and sanitation. Renewables also bring broad socio-economic benefits, creating new jobs and fostering local industries. |
| --- | --- |

(2c)

Renewable energy is a key enabler of sustainable development, contributing directly and indirectly to many Sustainable Development Goals (SDGs), including poverty alleviation, education, water and sanitation. Renewables also bring broad socio-economic benefits, creating new jobs and fostering local industries.

| (2d) | At international level, at the 2021 United Nations Climate Change Conference (COP 26) the Commission, together with global partners, committed to end direct support for the international unabated fossil fuel energy and to use these funds for the deployment of renewable energy. |
| --- | --- |

(2d)

At international level, at the 2021 United Nations Climate Change Conference (COP 26) the Commission, together with global partners, committed to end direct support for the international unabated fossil fuel energy and to use these funds for the deployment of renewable energy.

| (2e) | At COP26, the Commission together with global leaders elevated the global ambition level for the preservation and recovery of global forests, and for an accelerated transition to zero emissions transportation. |
| --- | --- |

(2e)

At COP26, the Commission together with global leaders elevated the global ambition level for the preservation and recovery of global forests, and for an accelerated transition to zero emissions transportation.

| (2f) | Renewable energy production often takes place at local level and depends on regional SMEs; Member States should therefore fully involve local and regional authorities when setting targets and supporting policy measures. |
| --- | --- |

(2f)

Renewable energy production often takes place at local level and depends on regional SMEs; Member States should therefore fully involve local and regional authorities when setting targets and supporting policy measures.

| (2g) | Since around 35 million Europeans are affected by energy poverty
   (6)

  , renewable energy policies have an important role to play in any strategy to tackle energy poverty and consumer vulnerability. |
| --- | --- |

(2g)

Since around 35 million Europeans are affected by energy poverty
   (6)

  , renewable energy policies have an important role to play in any strategy to tackle energy poverty and consumer vulnerability.

| (3) | Directive (EU) 2018/2001 of the European Parliament and of the Council (7) sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to
  45
  % by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target (8). Therefore, the target set out in Article 3 of that Directive needs to be increased. |
| --- | --- |

(3)

Directive (EU) 2018/2001 of the European Parliament and of the Council (7) sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to
  45
  % by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target (8). Therefore, the target set out in Article 3 of that Directive needs to be increased.

| (3a) | In line with the Commission recommendation of 28 September 2021 entitled ‘On Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond’, this Directive should take an integrated approach by promoting the most energy efficient renewable source for any given sector and application, as well as by promoting system efficiency, so that the least energy is required for different economic activities
  . |
| --- | --- |

(3a)

In line with the Commission recommendation of 28 September 2021 entitled ‘On Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond’, this Directive should take an integrated approach by promoting the most energy efficient renewable source for any given sector and application, as well as by promoting system efficiency, so that the least energy is required for different economic activities
  .

| (3b) | In line with the Commission Communication of 18 May 2022 entitled ‘REPowerEU Plan’, boosting the production of sustainable biomethane to at least 35 bcm by 2030 is a cost-efficient path to increase the share of renewable energy and diversify EU gas supply, thereby supporting security of supply and EU climate ambitions. The Commission should develop an EU strategy to address the regulatory barriers to scale biomethane production and integration in the EU internal gas market. |
| --- | --- |

(3b)

In line with the Commission Communication of 18 May 2022 entitled ‘REPowerEU Plan’, boosting the production of sustainable biomethane to at least 35 bcm by 2030 is a cost-efficient path to increase the share of renewable energy and diversify EU gas supply, thereby supporting security of supply and EU climate ambitions. The Commission should develop an EU strategy to address the regulatory barriers to scale biomethane production and integration in the EU internal gas market.

| (3c) | To support the cost-effective achievement of the renewable energy target and the electrification of end-use sectors, while empowering households and industries to play an active part in securing and decarbonising the EU energy system and rewarding them for that, Member States should ensure that the national regulatory framework enables the reduction of peak electricity demand through the activation of demand-side flexibility in all end-use sectors. To that end, Member States could introduce in their integrated energy and climate plans a minimum target for the reduction of peak electricity demand of at least 5 % by 2030, to increase system flexibility, in accordance with Article 4(d)(3) of Regulation (EU) 2018/1999. |
| --- | --- |

(3c)

To support the cost-effective achievement of the renewable energy target and the electrification of end-use sectors, while empowering households and industries to play an active part in securing and decarbonising the EU energy system and rewarding them for that, Member States should ensure that the national regulatory framework enables the reduction of peak electricity demand through the activation of demand-side flexibility in all end-use sectors. To that end, Member States could introduce in their integrated energy and climate plans a minimum target for the reduction of peak electricity demand of at least 5 % by 2030, to increase system flexibility, in accordance with Article 4(d)(3) of Regulation (EU) 2018/1999.

| (3d) | One of the five cohesion policy objectives for the period 2021-2027 is that of a greener Europe by promoting investment in clean energy, the circular economy, climate change mitigation and sustainable transport. Cohesion policy funds should therefore target preventing any increase in disparities, helping those regions bearing the heaviest transition burden, encouraging investment in infrastructure, and training workers in new technologies to ensure no one is left behind. |
| --- | --- |

(3d)

One of the five cohesion policy objectives for the period 2021-2027 is that of a greener Europe by promoting investment in clean energy, the circular economy, climate change mitigation and sustainable transport. Cohesion policy funds should therefore target preventing any increase in disparities, helping those regions bearing the heaviest transition burden, encouraging investment in infrastructure, and training workers in new technologies to ensure no one is left behind.

| (3e) | The ERDF will have to support promoting energy efficiency and a reduction in greenhouse gas emissions; promote renewable energy; the development of smart energy systems and networks, and promote sustainable, multimodal, urban mobility, in the context of the transition towards a net zero carbon economy; the ESF+ has to contribute to improvements in education and training systems necessary for the adaptation of skills and qualifications, the upskilling of all, including the labour force, the creation of new jobs in sectors related to the environment, climate, energy, the circular economy and the bioeconomy (Article 4 of the ESF+ Regulation). |
| --- | --- |

(3e)

The ERDF will have to support promoting energy efficiency and a reduction in greenhouse gas emissions; promote renewable energy; the development of smart energy systems and networks, and promote sustainable, multimodal, urban mobility, in the context of the transition towards a net zero carbon economy; the ESF+ has to contribute to improvements in education and training systems necessary for the adaptation of skills and qualifications, the upskilling of all, including the labour force, the creation of new jobs in sectors related to the environment, climate, energy, the circular economy and the bioeconomy (Article 4 of the ESF+ Regulation).

| (3f) | Renewable energy production has a strong local dimension. It is therefore important that the Member States fully involve local and regional authorities in the planning and implementation of national climate measures, provide direct access to funds and monitor the progress of the measures adopted. Where applicable, the Member States should incorporate local and regional contributions into national energy and climate plans. |
| --- | --- |

(3f)

Renewable energy production has a strong local dimension. It is therefore important that the Member States fully involve local and regional authorities in the planning and implementation of national climate measures, provide direct access to funds and monitor the progress of the measures adopted. Where applicable, the Member States should incorporate local and regional contributions into national energy and climate plans.

| (3g) | Recognises the important role cohesion policy plays in contributing to helping island regions achieve climate neutrality goals, bearing in mind the additional costs connected to sectors such as energy and transport, as well as the impact of mobile technology on their energy systems, which require a level of investment for management of intermittent renewable energy sources that is, proportionately speaking, very high. |
| --- | --- |

(3g)

Recognises the important role cohesion policy plays in contributing to helping island regions achieve climate neutrality goals, bearing in mind the additional costs connected to sectors such as energy and transport, as well as the impact of mobile technology on their energy systems, which require a level of investment for management of intermittent renewable energy sources that is, proportionately speaking, very high.

| (3h) | Points out that owing to their small size and isolated energy systems, the most remote island regions, just like the outermost regions, face a major challenge when it comes to energy supply as they generally rely on fossil fuel imports for electricity generation, transport and heating. |
| --- | --- |

(3h)

Points out that owing to their small size and isolated energy systems, the most remote island regions, just like the outermost regions, face a major challenge when it comes to energy supply as they generally rely on fossil fuel imports for electricity generation, transport and heating.

| (3i) | Considers that use of renewable energy, including tidal power, should be a priority and believes it could benefit islands substantially, bearing in mind the local communities' requirements, including preservation of the islands' traditional architecture and local habitat; calls, therefore, for support for the development of a wide range of renewable energy sources based on their geographical features; welcomes the green hydrogen programmes which islands have launched. |
| --- | --- |

(3i)

Considers that use of renewable energy, including tidal power, should be a priority and believes it could benefit islands substantially, bearing in mind the local communities' requirements, including preservation of the islands' traditional architecture and local habitat; calls, therefore, for support for the development of a wide range of renewable energy sources based on their geographical features; welcomes the green hydrogen programmes which islands have launched.

| (4) | There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use (9), with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non-energy uses and the maintenance of the national forest carbon sinks and ecosystems
  , the protection of biodiversity
  as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council (10).
  However, they should be able to grant support for the production of energy from stumps or roots in the case of waste or residues derived from the implementation of works carried out with the primary objective of nature conservation and landscape management, such as from roadsides. In any event, Member States should
  avoid promoting the use of quality roundwood for energy except in well-defined circumstances
  , for example wildfire prevention and salvage logging
  . In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non-renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’ (11) . On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities, which guide Member States in the design of their support schemes. Waste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants, unless the installations are in regions with a specific use status as regards their transition away from fossil fuels, if
  they
  use carbon capture and storage
  or if the installations cannot be modified in a direction to cogeneration in exceptional justified cases upon approval by the Commission
  . |
| --- | --- |

(4)

There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use (9), with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non-energy uses and the maintenance of the national forest carbon sinks and ecosystems
  , the protection of biodiversity
  as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council (10).
  However, they should be able to grant support for the production of energy from stumps or roots in the case of waste or residues derived from the implementation of works carried out with the primary objective of nature conservation and landscape management, such as from roadsides. In any event, Member States should
  avoid promoting the use of quality roundwood for energy except in well-defined circumstances
  , for example wildfire prevention and salvage logging
  . In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non-renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’ (11) . On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities, which guide Member States in the design of their support schemes. Waste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants, unless the installations are in regions with a specific use status as regards their transition away from fossil fuels, if
  they
  use carbon capture and storage
  or if the installations cannot be modified in a direction to cogeneration in exceptional justified cases upon approval by the Commission
  .

| (5) | The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport.
  Innovative technologies in connections with a dedicated target should be developed, as they could contribute towards the 2030 climate goals as well as the 2050 climate targets.
   A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility,
  energy storage, demand response and other flexibility mechanisms
  and help integrate large shares of variable renewable generation. Member States should therefore
  , in accordance with the energy efficiency first principle,
  ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand
  , including by coordinating import strategies at Union level, while also ensuring that demand flexibly adapts to renewable energy generation
  . For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of
  flexible
  renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications. |
| --- | --- |

(5)

The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport.
  Innovative technologies in connections with a dedicated target should be developed, as they could contribute towards the 2030 climate goals as well as the 2050 climate targets.
   A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility,
  energy storage, demand response and other flexibility mechanisms
  and help integrate large shares of variable renewable generation. Member States should therefore
  , in accordance with the energy efficiency first principle,
  ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand
  , including by coordinating import strategies at Union level, while also ensuring that demand flexibly adapts to renewable energy generation
  . For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of
  flexible
  renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications.

| (5a) | Innovative technologies, such as hybrid heat pumps, need to be developed and used within the criteria of Directive (EU) 2018/2001, as they can be used as a transition technology towards the 2030 climate goals as well as contributing to the achievement of the 2050 climate targets. |
| --- | --- |

(5a)

Innovative technologies, such as hybrid heat pumps, need to be developed and used within the criteria of Directive (EU) 2018/2001, as they can be used as a transition technology towards the 2030 climate goals as well as contributing to the achievement of the 2050 climate targets.

| (5b) | The future EU's economic governance framework should encourage Member States to implement the reforms necessary to accelerate the green transition, and enable investments in needed technologies. |
| --- | --- |

(5b)

The future EU's economic governance framework should encourage Member States to implement the reforms necessary to accelerate the green transition, and enable investments in needed technologies.

| (6) | When calculating the share of renewables in a Member State, renewable fuels of non-biological origin should be counted in the sector where they are consumed (electricity, heating and cooling, or transport).
  Where renewable fuels of non-biological origin are consumed in a Member State different from the one where they have been produced, energy generated by the use of renewable fuels of non-biological origin should be accounted for 80 % of their volume in the country and sector where it is consumed and for 20 % of their volume in the country where it produced, unless agreed otherwise between the Member States concerned. Agreements between Member States can be in the form of a specific cooperation agreement made via the Union Renewable Development Platform (URDP). The Commission should be notified of any such agreements and make available information on them, including the exact volumes of supply and demand, the times of the transfer and the date by which the arrangement will become operational. For the subtargets, the renewable fuels of non-biological origin shall be accounted for 100 % of their volume in the country where they are consumed
  . To avoid double-counting, the renewable electricity used to produce these fuels should not be counted. This would result in a harmonisation of the accounting rules for these fuels throughout the Directive, regardless of whether they are counted for the overall renewable energy target or for any sub-target. It would also allow to count the real energy consumed, taking account of energy losses in the process to produce those fuels. Moreover, it would allow for the accounting of renewable fuels of non-biological origin imported into and consumed in the Union. |
| --- | --- |

(6)

When calculating the share of renewables in a Member State, renewable fuels of non-biological origin should be counted in the sector where they are consumed (electricity, heating and cooling, or transport).
  Where renewable fuels of non-biological origin are consumed in a Member State different from the one where they have been produced, energy generated by the use of renewable fuels of non-biological origin should be accounted for 80 % of their volume in the country and sector where it is consumed and for 20 % of their volume in the country where it produced, unless agreed otherwise between the Member States concerned. Agreements between Member States can be in the form of a specific cooperation agreement made via the Union Renewable Development Platform (URDP). The Commission should be notified of any such agreements and make available information on them, including the exact volumes of supply and demand, the times of the transfer and the date by which the arrangement will become operational. For the subtargets, the renewable fuels of non-biological origin shall be accounted for 100 % of their volume in the country where they are consumed
  . To avoid double-counting, the renewable electricity used to produce these fuels should not be counted. This would result in a harmonisation of the accounting rules for these fuels throughout the Directive, regardless of whether they are counted for the overall renewable energy target or for any sub-target. It would also allow to count the real energy consumed, taking account of energy losses in the process to produce those fuels. Moreover, it would allow for the accounting of renewable fuels of non-biological origin imported into and consumed in the Union.

| (6a) | Since the charging current is sustainable only if it is produced from clean energy, life cycle analyses of electrified heat, transport and industrial products should always take into account the remaining fossil shares of the preceding electricity generation. |
| --- | --- |

(6a)

Since the charging current is sustainable only if it is produced from clean energy, life cycle analyses of electrified heat, transport and industrial products should always take into account the remaining fossil shares of the preceding electricity generation.

| (7) | Member States’ cooperation to promote renewable energy can take the form of statistical transfers, support schemes or joint projects. It allows for a cost-efficient deployment of renewable energy across Europe and contributes to market integration. Despite its potential, cooperation has been very limited, thus leading to suboptimal results in terms of efficiency in increasing renewable energy. Member States should therefore be obliged to test cooperation through implementing ▌pilot
  projects by December 2025 and by 2030 a third project, for Member States with an annual electricity consumption of more than 100 TWh
  . Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/1294 (12) would meet this obligation for the Member States involved. |
| --- | --- |

(7)

Member States’ cooperation to promote renewable energy can take the form of statistical transfers, support schemes or joint projects. It allows for a cost-efficient deployment of renewable energy across Europe and contributes to market integration. Despite its potential, cooperation has been very limited, thus leading to suboptimal results in terms of efficiency in increasing renewable energy. Member States should therefore be obliged to test cooperation through implementing ▌pilot
  projects by December 2025 and by 2030 a third project, for Member States with an annual electricity consumption of more than 100 TWh
  . Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/1294 (12) would meet this obligation for the Member States involved.

| (7a) | All fields of EU policies must orient its actions towards the newly established climate targets and achieve climate neutrality. This is the case for Cohesion Policy, which has, for over twenty years, contributed to decarbonising the economy, while providing examples and best practices that can be mirrored in other policy dimensions, such as the amending of this Directive. Cohesion policy not only offers investment opportunities to respond to local and regional needs through the European Structural and Investment (ESI) Funds, but also provides an integrated policy framework to reduce developmental disparities between the European regions and helps them address the multiple challenges to their development, including through environmental protection, high-quality employment and fair, inclusive and sustainable development. |
| --- | --- |

(7a)

All fields of EU policies must orient its actions towards the newly established climate targets and achieve climate neutrality. This is the case for Cohesion Policy, which has, for over twenty years, contributed to decarbonising the economy, while providing examples and best practices that can be mirrored in other policy dimensions, such as the amending of this Directive. Cohesion policy not only offers investment opportunities to respond to local and regional needs through the European Structural and Investment (ESI) Funds, but also provides an integrated policy framework to reduce developmental disparities between the European regions and helps them address the multiple challenges to their development, including through environmental protection, high-quality employment and fair, inclusive and sustainable development.

| (7b) | Local and regional authorities play a crucial role in integrated and decentralised energy systems. The Commission should therefore help regional and local authorities to work across borders by helping them to set up cooperation mechanisms, including the European grouping of territorial cooperation (EGTC). |
| --- | --- |

(7b)

Local and regional authorities play a crucial role in integrated and decentralised energy systems. The Commission should therefore help regional and local authorities to work across borders by helping them to set up cooperation mechanisms, including the European grouping of territorial cooperation (EGTC).

| (7c) | Cohesion policy ensures greater coherence and coordination between the cohesion policy and other EU legislative fields, improving the policy integration of climate aspects, designing more effective source-based policies, providing targeted EU funding and, consequently, improving the implementation of climate policies on the ground. |
| --- | --- |

(7c)

Cohesion policy ensures greater coherence and coordination between the cohesion policy and other EU legislative fields, improving the policy integration of climate aspects, designing more effective source-based policies, providing targeted EU funding and, consequently, improving the implementation of climate policies on the ground.

| (7d) | It is paramount to fully uphold multi-level governance and partnership principles in the transition to a climate-neutral economy, as local and regional authorities have direct competencies on the environment and climate change, implementing 90 % of climate adaptation and 70 % of climate mitigation actions. Furthermore, these authorities also develop actions that aim to promote climate-friendly behaviour among citizens, including those linked to waste management, smart mobility, sustainable housing and energy consumption. |
| --- | --- |

(7d)

It is paramount to fully uphold multi-level governance and partnership principles in the transition to a climate-neutral economy, as local and regional authorities have direct competencies on the environment and climate change, implementing 90 % of climate adaptation and 70 % of climate mitigation actions. Furthermore, these authorities also develop actions that aim to promote climate-friendly behaviour among citizens, including those linked to waste management, smart mobility, sustainable housing and energy consumption.

| (8) | The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States will need to work together across borders at sea-basin level. Member States should therefore jointly define
  , and allocate adequate space in their maritime spatial plan for,
  the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040.
  Should there be a possible gap between the potential amount of offshore renewable energy resources of the Member States and the planned amount of offshore renewable energy, the Commission should take additional measures to reduce that gap
  . These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin,
  the technical and economic feasibility of the transmission grid infrastructure,
  environmental protection
  , biodiversity
  , climate adaptation and other uses of the sea
  , especially the activities that already take place in the affected areas and the possible harm to the environment
  , as well as the Union’s decarbonisation targets. In addition, Member States should increasingly consider the possibility of combining offshore renewable energy generation with transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This would allow electricity to flow in different directions, thus maximising socio-economic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the sea.
  Member States bordering a sea basin should use the maritime spatial planning process to ensure a strong public participation approach so that the views of all stakeholders and coastal communities are taken into account. |
| --- | --- |

(8)

The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States will need to work together across borders at sea-basin level. Member States should therefore jointly define
  , and allocate adequate space in their maritime spatial plan for,
  the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040.
  Should there be a possible gap between the potential amount of offshore renewable energy resources of the Member States and the planned amount of offshore renewable energy, the Commission should take additional measures to reduce that gap
  . These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin,
  the technical and economic feasibility of the transmission grid infrastructure,
  environmental protection
  , biodiversity
  , climate adaptation and other uses of the sea
  , especially the activities that already take place in the affected areas and the possible harm to the environment
  , as well as the Union’s decarbonisation targets. In addition, Member States should increasingly consider the possibility of combining offshore renewable energy generation with transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This would allow electricity to flow in different directions, thus maximising socio-economic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the sea.
  Member States bordering a sea basin should use the maritime spatial planning process to ensure a strong public participation approach so that the views of all stakeholders and coastal communities are taken into account.

| (8a) | The conditions considered necessary for harnessing the potential of renewable energy in European seas and oceans, including those around the islands and outermost regions are varying. Therefore, the Union undertakes to establish alternative technologies capable of not impacting the marine environment adversely for these areas of particular interest. |
| --- | --- |

(8a)

The conditions considered necessary for harnessing the potential of renewable energy in European seas and oceans, including those around the islands and outermost regions are varying. Therefore, the Union undertakes to establish alternative technologies capable of not impacting the marine environment adversely for these areas of particular interest.

| (8b) | The geographical diversity and alternative uses of the marine environment have to be taken into account in order for the renewable energy potential of all Europe's seas and oceans to be harnessed, and this calls for a far broader set of technological solutions. These solutions include floating offshore wind and solar farms, energy from waves, currents and tides, the differential in thermal or saline gradients, marine cooling, heating and geothermal energy and marine biomass (algae). |
| --- | --- |

(8b)

The geographical diversity and alternative uses of the marine environment have to be taken into account in order for the renewable energy potential of all Europe's seas and oceans to be harnessed, and this calls for a far broader set of technological solutions. These solutions include floating offshore wind and solar farms, energy from waves, currents and tides, the differential in thermal or saline gradients, marine cooling, heating and geothermal energy and marine biomass (algae).

| (8c) | The installation of renewable energy projects on rural land and on agricultural land in general should be governed by the principles of proportionality, complementarity and compensation. Member States should ensure the orderly deployment of renewable projects in order to avoid the loss of agricultural land, and encourage the development and use of appropriate technologies that render renewable energy production compatible with agricultural and livestock production. |
| --- | --- |

(8c)

The installation of renewable energy projects on rural land and on agricultural land in general should be governed by the principles of proportionality, complementarity and compensation. Member States should ensure the orderly deployment of renewable projects in order to avoid the loss of agricultural land, and encourage the development and use of appropriate technologies that render renewable energy production compatible with agricultural and livestock production.

| (9) | The market for renewable power purchase agreements is rapidly growing and provides a complementary route to the market of renewable power generation in addition to support schemes by Member States or to selling directly on the wholesale electricity market. At the same time,
  these agreements provide the producer with the security of a certain income, whilst the user can benefit from a stable electricity price.
  The market for renewable power purchase agreements is still limited to a small number of Member States and large companies, with significant administrative, technical and financial barriers remaining in large parts of the Union’s market.
  Besides renewable power purchase agreements, the Commission shall assess barriers to the roll-out of renewable heating and cooling purchase agreements, which will play an increasing role in reaching the EU's climate and renewables targets
  . The existing measures in Article 15 to encourage the uptake of renewable power purchase agreements should therefore be strengthened further, by exploring the use of credit guarantees to reduce these agreements’ financial risks, taking into account that these guarantees, where public, should not crowd out private financing. |
| --- | --- |

(9)

The market for renewable power purchase agreements is rapidly growing and provides a complementary route to the market of renewable power generation in addition to support schemes by Member States or to selling directly on the wholesale electricity market. At the same time,
  these agreements provide the producer with the security of a certain income, whilst the user can benefit from a stable electricity price.
  The market for renewable power purchase agreements is still limited to a small number of Member States and large companies, with significant administrative, technical and financial barriers remaining in large parts of the Union’s market.
  Besides renewable power purchase agreements, the Commission shall assess barriers to the roll-out of renewable heating and cooling purchase agreements, which will play an increasing role in reaching the EU's climate and renewables targets
  . The existing measures in Article 15 to encourage the uptake of renewable power purchase agreements should therefore be strengthened further, by exploring the use of credit guarantees to reduce these agreements’ financial risks, taking into account that these guarantees, where public, should not crowd out private financing.

| (10) | Overly complex and excessively long administrative procedures constitute a major barrier for the deployment of renewable energy.
  Further streamlining of administrative and permitting procedures is needed to ease the administrative burden for both renewable energy projects and the related grid infrastructure projects. Within one year after the entry into force of this Directive, the Commission should revise guidelines on permit granting to shorten and simplify processes for new, repowering and the upgrade of renewable projects. Key performance indicators should be developed in the context of these guidelines
  . |
| --- | --- |

(10)

Overly complex and excessively long administrative procedures constitute a major barrier for the deployment of renewable energy.
  Further streamlining of administrative and permitting procedures is needed to ease the administrative burden for both renewable energy projects and the related grid infrastructure projects. Within one year after the entry into force of this Directive, the Commission should revise guidelines on permit granting to shorten and simplify processes for new, repowering and the upgrade of renewable projects. Key performance indicators should be developed in the context of these guidelines
  .

| (10a) | Local and regional authorities are key actors when it comes to bringing Europe closer to achieving its energy and climate objectives. Energy production at the local level is crucial to foster renewable energy production, reduce external energy dependence and decrease energy poverty rates. |
| --- | --- |

(10a)

Local and regional authorities are key actors when it comes to bringing Europe closer to achieving its energy and climate objectives. Energy production at the local level is crucial to foster renewable energy production, reduce external energy dependence and decrease energy poverty rates.

| (11) | Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy
  , particularly in the local context,
  will be needed to meet the ambition set in the
  European
  Climate
  Law
  to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of
  indicative
  targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables.
  It should be possible for Member States to count waste heat and cold towards the indicative target for renewable energy in buildings, up to a limit of 20 %, with an upper limit of 54 %.
  Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings
  and comply with the energy efficiency first principle
  . Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy
  on-site or nearby
  in buildings
  and
  encourage the development of ▌technologies which produce renewable energy
  and help their efficient integration in the energy system,
  while providing certainty for investors and local level engagement
  , as well as contributing to system efficiency
  .
  Emission trading schemes are designed to increase fossil energy costs and lead to market-driven energy saving investments or switching to renewable energy. Double burdens for consumers through emissions trading schemes and other targets required under Union law should be avoided. |
| --- | --- |

(11)

Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy
  , particularly in the local context,
  will be needed to meet the ambition set in the
  European
  Climate
  Law
  to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of
  indicative
  targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables.
  It should be possible for Member States to count waste heat and cold towards the indicative target for renewable energy in buildings, up to a limit of 20 %, with an upper limit of 54 %.
  Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings
  and comply with the energy efficiency first principle
  . Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy
  on-site or nearby
  in buildings
  and
  encourage the development of ▌technologies which produce renewable energy
  and help their efficient integration in the energy system,
  while providing certainty for investors and local level engagement
  , as well as contributing to system efficiency
  .
  Emission trading schemes are designed to increase fossil energy costs and lead to market-driven energy saving investments or switching to renewable energy. Double burdens for consumers through emissions trading schemes and other targets required under Union law should be avoided.

| (11a) | Following the invasion of Ukraine by Russia, the case for a rapid energy transition has never been stronger and clearer. Russia provides more than 40 % of the EU's total gas consumption, which is mostly used in the building sector, which is responsible for 40 % of the EU’s total energy consumption. By accelerating the roll out of solar rooftops and heat pumps the EU could save significant amounts of fossil fuel imports. Frontloading such investments will further accelerate the reduction of EU dependence from external suppliers. According to REPowerEU, for 2022 alone an additional 2,5 bcm of gas could be saved by installing up to 15 TWh of rooftop solar PV systems, and an additional 12bcm by every 10 million heat pumps installed. At the same time this would be a major booster to local job markets, alone such an installation wave for solar roof tops could create up to 225 000 local jobs in the installation business
   (13). |
| --- | --- |

(11a)

Following the invasion of Ukraine by Russia, the case for a rapid energy transition has never been stronger and clearer. Russia provides more than 40 % of the EU's total gas consumption, which is mostly used in the building sector, which is responsible for 40 % of the EU’s total energy consumption. By accelerating the roll out of solar rooftops and heat pumps the EU could save significant amounts of fossil fuel imports. Frontloading such investments will further accelerate the reduction of EU dependence from external suppliers. According to REPowerEU, for 2022 alone an additional 2,5 bcm of gas could be saved by installing up to 15 TWh of rooftop solar PV systems, and an additional 12bcm by every 10 million heat pumps installed. At the same time this would be a major booster to local job markets, alone such an installation wave for solar roof tops could create up to 225 000 local jobs in the installation business
   (13).

| (12) | Insufficient numbers of skilled workers, in particular installers and designers of renewable heating and cooling systems, slow down the replacement of fossil fuel heating systems by renewable energy based systems and is a major barrier to integrating renewables in buildings, industry and agriculture. Member States should cooperate with social partners and renewable energy communities to anticipate the skills that will be needed. A sufficient number of high-quality
  and effective upskilling and reskilling strategies and
  training programmes and certification possibilities ensuring proper installation and reliable operation of a wide range of renewable heating and cooling systems
  and storage technologies, as well as electric vehicles charging points,
  should be made available and designed in a way to attract participation in such training programmes and certification systems. Member States should consider what actions should be taken to attract groups currently under-represented in the occupational areas in question. The list of trained and certified installers should be made public to ensure consumer trust and easy access to tailored designer and installer skills guaranteeing proper installation and operation of renewable heating and cooling. |
| --- | --- |

(12)

Insufficient numbers of skilled workers, in particular installers and designers of renewable heating and cooling systems, slow down the replacement of fossil fuel heating systems by renewable energy based systems and is a major barrier to integrating renewables in buildings, industry and agriculture. Member States should cooperate with social partners and renewable energy communities to anticipate the skills that will be needed. A sufficient number of high-quality
  and effective upskilling and reskilling strategies and
  training programmes and certification possibilities ensuring proper installation and reliable operation of a wide range of renewable heating and cooling systems
  and storage technologies, as well as electric vehicles charging points,
  should be made available and designed in a way to attract participation in such training programmes and certification systems. Member States should consider what actions should be taken to attract groups currently under-represented in the occupational areas in question. The list of trained and certified installers should be made public to ensure consumer trust and easy access to tailored designer and installer skills guaranteeing proper installation and operation of renewable heating and cooling.

| (12a) | Agricultural and horticultural businesses have space and roof area and they produce biomass. These are assets that allow them to play a key role in the energy transition of rural areas and within rural communities, especially given the decentralised production. The sector is a relatively small user of energy and can produce significantly more renewable energy than it needs. This is why the roll-out of energy sharing and energy communities should be further encouraged and supported. |
| --- | --- |

(12a)

Agricultural and horticultural businesses have space and roof area and they produce biomass. These are assets that allow them to play a key role in the energy transition of rural areas and within rural communities, especially given the decentralised production. The sector is a relatively small user of energy and can produce significantly more renewable energy than it needs. This is why the roll-out of energy sharing and energy communities should be further encouraged and supported.

| (13) | Guarantees of origin are a key tool for consumer information as well as for the further uptake of renewable power purchase agreements. In order to establish a coherent Union base for the use of guarantees of origin and to provide access to appropriate supporting evidence for persons concluding renewable power purchase agreements, all renewable energy producers should be able to receive a guarantee of origin without prejudice to Member States’ obligation to take into account the market value of the guarantees of origin if the energy producers receive financial support.
  The system of guarantees of origin provided for by Member States should be a harmonised system applicable throughout the Union. A more flexible energy system and growing consumer demands call for a more innovative, digital, technologically advanced and reliable tool to support and document the increasing production of renewable energy
  .
  In particular, innovative technologies can ensure a higher spatial and temporal granularity of guarantees of origin. To facilitate digital innovation in this field, Member States should introduce additional size granularity in their schemes for guarantees of origin. |
| --- | --- |

(13)

Guarantees of origin are a key tool for consumer information as well as for the further uptake of renewable power purchase agreements. In order to establish a coherent Union base for the use of guarantees of origin and to provide access to appropriate supporting evidence for persons concluding renewable power purchase agreements, all renewable energy producers should be able to receive a guarantee of origin without prejudice to Member States’ obligation to take into account the market value of the guarantees of origin if the energy producers receive financial support.
  The system of guarantees of origin provided for by Member States should be a harmonised system applicable throughout the Union. A more flexible energy system and growing consumer demands call for a more innovative, digital, technologically advanced and reliable tool to support and document the increasing production of renewable energy
  .
  In particular, innovative technologies can ensure a higher spatial and temporal granularity of guarantees of origin. To facilitate digital innovation in this field, Member States should introduce additional size granularity in their schemes for guarantees of origin.

| (13a) | In line with the Joint European Action for more affordable, secure and sustainable energy set out in the Commission communication of 8 March 2022, where relevant, Member States should assess the need to extend existing gas network infrastructure to facilitate the integration of gas from renewable sources and to reduce reliance on fossil fuels, in particular if that infrastructure contributes significantly to the interconnection between at least two Member States or between a Member State and a third country. |
| --- | --- |

(13a)

In line with the Joint European Action for more affordable, secure and sustainable energy set out in the Commission communication of 8 March 2022, where relevant, Member States should assess the need to extend existing gas network infrastructure to facilitate the integration of gas from renewable sources and to reduce reliance on fossil fuels, in particular if that infrastructure contributes significantly to the interconnection between at least two Member States or between a Member State and a third country.

| (14) | Infrastructure development for district heating and cooling networks should be stepped up and steered towards harnessing a wider range of renewable heat and cold sources in an efficient and flexible way in order to increase the deployment of renewable energy and deepen energy system integration. It is therefore appropriate to update the list of renewable energy sources that district heating and cooling networks should increasingly accommodate and require the integration of thermal energy storage as a source of flexibility, greater energy efficiency and more cost-effective operation. |
| --- | --- |

(14)

Infrastructure development for district heating and cooling networks should be stepped up and steered towards harnessing a wider range of renewable heat and cold sources in an efficient and flexible way in order to increase the deployment of renewable energy and deepen energy system integration. It is therefore appropriate to update the list of renewable energy sources that district heating and cooling networks should increasingly accommodate and require the integration of thermal energy storage as a source of flexibility, greater energy efficiency and more cost-effective operation.

| (14a) | Member States’ actions to integrate intermittent renewable electricity in the grid, while ensuring grid stability and security of supply, can relate to the development of solutions such as storage facilities, demand-side management and grid-balancing power plants and high-efficient cogeneration plants that participate in grid-balancing in support of intermittent renewable electricity. |
| --- | --- |

(14a)

Member States’ actions to integrate intermittent renewable electricity in the grid, while ensuring grid stability and security of supply, can relate to the development of solutions such as storage facilities, demand-side management and grid-balancing power plants and high-efficient cogeneration plants that participate in grid-balancing in support of intermittent renewable electricity.

| (15) | With more than 30 million electric vehicles expected in the Union by 2030 it is necessary to ensure that they can fully contribute to the system integration of renewable electricity, and thus allow reaching higher shares of renewable electricity in a cost-optimal manner. The potential of electric vehicles to absorb renewable electricity at times when it is abundant and feed it back into a grid when there is scarcity has to be fully utilised
  , contributing to the system integration of variable renewable electricity while ensuring a secure and reliable supply of electricity.
  It is therefore
  necessary
  to introduce specific measures on electric vehicles and information about renewable energy and how and when to access it which complement those in Directive (EU) 2014/94 of the European Parliament and of the Council (14) and the [proposed Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020].
  Furthermore, solar-electric vehicles can make a crucial contribution to the decarbonisation of the European transport sector. They are significantly more energy efficient compared to traditional battery electric vehicles, do not extensively rely on the electricity grid for charging, and can generate additional clean energy that may be fed into the grid through bidirectional charging, contributing to Europe’s energy independence and generation of renewable energy [Am. 26]. |
| --- | --- |

(15)

With more than 30 million electric vehicles expected in the Union by 2030 it is necessary to ensure that they can fully contribute to the system integration of renewable electricity, and thus allow reaching higher shares of renewable electricity in a cost-optimal manner. The potential of electric vehicles to absorb renewable electricity at times when it is abundant and feed it back into a grid when there is scarcity has to be fully utilised
  , contributing to the system integration of variable renewable electricity while ensuring a secure and reliable supply of electricity.
  It is therefore
  necessary
  to introduce specific measures on electric vehicles and information about renewable energy and how and when to access it which complement those in Directive (EU) 2014/94 of the European Parliament and of the Council (14) and the [proposed Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020].
  Furthermore, solar-electric vehicles can make a crucial contribution to the decarbonisation of the European transport sector. They are significantly more energy efficient compared to traditional battery electric vehicles, do not extensively rely on the electricity grid for charging, and can generate additional clean energy that may be fed into the grid through bidirectional charging, contributing to Europe’s energy independence and generation of renewable energy [Am. 26].

| (15a) | The potential of grid-balancing power plants and cogeneration plants that participate in grid-balancing in support of intermittent renewable electricity, thus allowing the expansion of such renewable electricity, should be fully utilised. |
| --- | --- |

(15a)

The potential of grid-balancing power plants and cogeneration plants that participate in grid-balancing in support of intermittent renewable electricity, thus allowing the expansion of such renewable electricity, should be fully utilised.

| (16) | In order for flexibility and balancing services from the aggregation of distributed storage assets to be developed in a competitive manner, real-time access to basic battery information such as state of health, state of charge, capacity and power set point should be provided under non-discriminatory terms
  , in full compliance with the relevant provisions of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)
   (15), and free of charge to the owners or users of the batteries and the entities acting on their behalf
  through explicit consent
  , such as building energy system managers, mobility service providers and other electricity market participants
  , such as electric vehicle users
  . It is therefore appropriate to introduce measures addressing the need of access to such data for facilitating the integration-related operations of domestic batteries and electric vehicles
  , smart heating and cooling systems, and other smart devices
  , complementing the provisions on access to battery data related to facilitating the repurposing of batteries in [the proposed Commission regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020]. The provisions on access to battery data of electric vehicles should apply in addition to any laid down in Union law on type approval of vehicles. |
| --- | --- |

(16)

In order for flexibility and balancing services from the aggregation of distributed storage assets to be developed in a competitive manner, real-time access to basic battery information such as state of health, state of charge, capacity and power set point should be provided under non-discriminatory terms
  , in full compliance with the relevant provisions of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)
   (15), and free of charge to the owners or users of the batteries and the entities acting on their behalf
  through explicit consent
  , such as building energy system managers, mobility service providers and other electricity market participants
  , such as electric vehicle users
  . It is therefore appropriate to introduce measures addressing the need of access to such data for facilitating the integration-related operations of domestic batteries and electric vehicles
  , smart heating and cooling systems, and other smart devices
  , complementing the provisions on access to battery data related to facilitating the repurposing of batteries in [the proposed Commission regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020]. The provisions on access to battery data of electric vehicles should apply in addition to any laid down in Union law on type approval of vehicles.

| (17) | The increasing number of electric vehicles in road, rail, maritime and other transport modes will require that recharging operations are optimised and managed in a way that does not cause congestion and takes full advantage of the availability of renewable electricity and low electricity prices in the system. In situations where
  smart and
  bidirectional charging would assist further penetration of renewable electricity by electric vehicle fleets in transport and the electricity system in general, such functionality should also be made available. In view of the long life span of recharging points, requirements for charging infrastructure should be kept updated in a way that would cater for future needs and would not result in negative lock-in effects to the development of technology and services. |
| --- | --- |

(17)

The increasing number of electric vehicles in road, rail, maritime and other transport modes will require that recharging operations are optimised and managed in a way that does not cause congestion and takes full advantage of the availability of renewable electricity and low electricity prices in the system. In situations where
  smart and
  bidirectional charging would assist further penetration of renewable electricity by electric vehicle fleets in transport and the electricity system in general, such functionality should also be made available. In view of the long life span of recharging points, requirements for charging infrastructure should be kept updated in a way that would cater for future needs and would not result in negative lock-in effects to the development of technology and services.

| (18) | Electric vehicle users entering into contractual agreements with electromobility service providers and electricity market participants should have the right to receive information and explanations on how the terms of the agreement will affect the use of their vehicle and the state of health of its battery. Electromobility service providers and electricity market participants should explain clearly to electric vehicle users how they will be remunerated for the flexibility, balancing and storage services provided to the electricity system and market by the use of their electric vehicle. Electric vehicle users also need to have their consumer rights secured when entering into such agreements, in particular regarding the protection of their personal data such as location and driving habits, in connection to the use of their vehicle. Electric vehicle users’ preference regarding the type of electricity purchased for use in their electric vehicle, as well as other preferences, can also be part of such agreements. For the above reasons, it is important
  to ensure that the charging infrastructure that is to be deployed is used most effectively. In order to improve consumer confidence in e-mobility, it is essential
  that electric vehicle users can use their subscription at multiple recharging points. This will also allow the electric vehicle user’s service provider of choice to optimally integrate the electric vehicle in the electricity system, through predictable planning and incentives based on the electric vehicle user preferences. This is also in line with the principles of a consumer-centric and prosumer-based energy system, and the right of supplier choice of electric vehicle users as final customers as per the provisions of Directive (EU) 2019/944. |
| --- | --- |

(18)

Electric vehicle users entering into contractual agreements with electromobility service providers and electricity market participants should have the right to receive information and explanations on how the terms of the agreement will affect the use of their vehicle and the state of health of its battery. Electromobility service providers and electricity market participants should explain clearly to electric vehicle users how they will be remunerated for the flexibility, balancing and storage services provided to the electricity system and market by the use of their electric vehicle. Electric vehicle users also need to have their consumer rights secured when entering into such agreements, in particular regarding the protection of their personal data such as location and driving habits, in connection to the use of their vehicle. Electric vehicle users’ preference regarding the type of electricity purchased for use in their electric vehicle, as well as other preferences, can also be part of such agreements. For the above reasons, it is important
  to ensure that the charging infrastructure that is to be deployed is used most effectively. In order to improve consumer confidence in e-mobility, it is essential
  that electric vehicle users can use their subscription at multiple recharging points. This will also allow the electric vehicle user’s service provider of choice to optimally integrate the electric vehicle in the electricity system, through predictable planning and incentives based on the electric vehicle user preferences. This is also in line with the principles of a consumer-centric and prosumer-based energy system, and the right of supplier choice of electric vehicle users as final customers as per the provisions of Directive (EU) 2019/944.

| (18a) | Beyond domestic and electric vehicle batteries, a variety of other appliances such as smart heating and cooling devices, hot water tanks, thermal energy storage units and other smart devices have a significant demand response potential which should urgently be tapped to allow consumers to provide their flexibility to the energy system. It is therefore necessary to introduce measures enabling real-time access to data relevant for demand response to users, as well as to third parties acting on the owners’ and users’ behalf, such as electricity market participants, under non-discriminatory terms and free of charge, in full compliance with the relevant provisions of Regulation (EU) 2016/679. |
| --- | --- |

(18a)

Beyond domestic and electric vehicle batteries, a variety of other appliances such as smart heating and cooling devices, hot water tanks, thermal energy storage units and other smart devices have a significant demand response potential which should urgently be tapped to allow consumers to provide their flexibility to the energy system. It is therefore necessary to introduce measures enabling real-time access to data relevant for demand response to users, as well as to third parties acting on the owners’ and users’ behalf, such as electricity market participants, under non-discriminatory terms and free of charge, in full compliance with the relevant provisions of Regulation (EU) 2016/679.

| (19) | Accordingly,
  distributed
  and decentralised generation, demand response and
  storage assets, such as domestic batteries and batteries of electric vehicles
  , smart heating and cooling systems and other smart devices and thermal energy storage
  have the potential to offer considerable flexibility and balancing services to the grid through aggregation. In order to facilitate the development of such
  devices and related
  services, the regulatory provisions concerning connection and operation of the
  decentralised generation and
  storage assets, such as tariffs, commitment times and connection specifications, should be designed in a way that does not hamper the potential of all storage assets, including small and mobile ones, to offer flexibility and balancing services to the system and to contribute to the further penetration renewable electricity, in comparison with larger, stationary storage assets.
  Member States should also provide a level playing-field for smaller market actors, in particular renewable energy communities, so that they are able to participate in the market without facing a disproportionate administrative or regulatory burden. |
| --- | --- |

(19)

Accordingly,
  distributed
  and decentralised generation, demand response and
  storage assets, such as domestic batteries and batteries of electric vehicles
  , smart heating and cooling systems and other smart devices and thermal energy storage
  have the potential to offer considerable flexibility and balancing services to the grid through aggregation. In order to facilitate the development of such
  devices and related
  services, the regulatory provisions concerning connection and operation of the
  decentralised generation and
  storage assets, such as tariffs, commitment times and connection specifications, should be designed in a way that does not hamper the potential of all storage assets, including small and mobile ones, to offer flexibility and balancing services to the system and to contribute to the further penetration renewable electricity, in comparison with larger, stationary storage assets.
  Member States should also provide a level playing-field for smaller market actors, in particular renewable energy communities, so that they are able to participate in the market without facing a disproportionate administrative or regulatory burden.

| (20) | Recharging points where electric vehicles typically park for extended periods of time, such as where people park for reasons of residence or employment, are highly relevant to energy system integration, therefore smart
  and bidirectional
  charging functionalities need to be ensured.
  Specific initiatives should be taken to increase the number of recharging points in rural and sparsely populated areas and to ensure adequate distribution in the most remote and mountainous areas
  . In this regard, the operation of non-publicly accessible normal charging infrastructure
  , for example through smart metering systems,
  is particularly important for the integration of electric vehicles in the electricity system as it is located where electric vehicles are parked repeatedly for long periods of time, such as in buildings with restricted access, employee parking or parking facilities rented out to natural or legal persons. |
| --- | --- |

(20)

Recharging points where electric vehicles typically park for extended periods of time, such as where people park for reasons of residence or employment, are highly relevant to energy system integration, therefore smart
  and bidirectional
  charging functionalities need to be ensured.
  Specific initiatives should be taken to increase the number of recharging points in rural and sparsely populated areas and to ensure adequate distribution in the most remote and mountainous areas
  . In this regard, the operation of non-publicly accessible normal charging infrastructure
  , for example through smart metering systems,
  is particularly important for the integration of electric vehicles in the electricity system as it is located where electric vehicles are parked repeatedly for long periods of time, such as in buildings with restricted access, employee parking or parking facilities rented out to natural or legal persons.

| (21) | Industry accounts for 25 % of the Union’s energy consumption, and is a major consumer of heating and cooling, which is currently supplied 91 % by fossil fuels. However, 50 % of heating and cooling demand is low-temperature (<200 oC) for which there are cost-effective renewable energy options, including through
  direct renewable
  electrification
  , industrial heat-pumps and geothermal solutions
  . In addition, industry uses non-renewable sources as raw materials to produce products such as steel or chemicals. Industrial investment decisions today will determine the future industrial processes and energy options that can be considered by industry, so it is important that those investments decisions are future-proof
  and avoid the creation of stranded assets
  . Therefore, benchmarks should be put in place to incentivise industry to switch to a renewables-based production processes that not only are
  fuelled
  by renewable energy, but also use renewable-based raw materials such as renewable hydrogen. ▌ |
| --- | --- |

(21)

Industry accounts for 25 % of the Union’s energy consumption, and is a major consumer of heating and cooling, which is currently supplied 91 % by fossil fuels. However, 50 % of heating and cooling demand is low-temperature (<200 oC) for which there are cost-effective renewable energy options, including through
  direct renewable
  electrification
  , industrial heat-pumps and geothermal solutions
  . In addition, industry uses non-renewable sources as raw materials to produce products such as steel or chemicals. Industrial investment decisions today will determine the future industrial processes and energy options that can be considered by industry, so it is important that those investments decisions are future-proof
  and avoid the creation of stranded assets
  . Therefore, benchmarks should be put in place to incentivise industry to switch to a renewables-based production processes that not only are
  fuelled
  by renewable energy, but also use renewable-based raw materials such as renewable hydrogen. ▌

| (21a) | Member States should promote the necessary spatial planning instruments that classify agricultural soils and identify soils of high agricultural value on the basis of their edaphological characteristics. In their policies for the development and promotion of renewable energies, Member States should ensure the purpose of these soils is preserved for agricultural and livestock use. |
| --- | --- |

(21a)

Member States should promote the necessary spatial planning instruments that classify agricultural soils and identify soils of high agricultural value on the basis of their edaphological characteristics. In their policies for the development and promotion of renewable energies, Member States should ensure the purpose of these soils is preserved for agricultural and livestock use.

| (22) | In application of the energy efficiency first principle,
  renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals. The use of renewable fuels of non-biological origin for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in
  industrial processes which are difficult to electrify
  and should therefore be included in a target for the use of renewable fuels of non-biological origin. National measures to support the uptake of renewable fuels of non-biological origin in
  those industrial sectors
  should not result in net pollution increases due to an increased demand for electricity generation that is satisfied by the most polluting fossil fuels, such as coal, diesel, lignite, oil peat and oil shale. |
| --- | --- |

(22)

In application of the energy efficiency first principle,
  renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals. The use of renewable fuels of non-biological origin for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in
  industrial processes which are difficult to electrify
  and should therefore be included in a target for the use of renewable fuels of non-biological origin. National measures to support the uptake of renewable fuels of non-biological origin in
  those industrial sectors
  should not result in net pollution increases due to an increased demand for electricity generation that is satisfied by the most polluting fossil fuels, such as coal, diesel, lignite, oil peat and oil shale.

| (22a) | As referred to in the EU Hydrogen Strategy, low-carbon fuels and low carbon hydrogen can play a role in the energy transition to reduce emissions of existing fuels. As low-carbon fuels and low-carbon hydrogen are not renewable fuels, the revision of Directive (EU) .../... [Directive gas and hydrogen] should define the complementary provisions on the role of low-carbon fuels and low-carbon hydrogen to achieve carbon neutrality by 2050. |
| --- | --- |

(22a)

As referred to in the EU Hydrogen Strategy, low-carbon fuels and low carbon hydrogen can play a role in the energy transition to reduce emissions of existing fuels. As low-carbon fuels and low-carbon hydrogen are not renewable fuels, the revision of Directive (EU) .../... [Directive gas and hydrogen] should define the complementary provisions on the role of low-carbon fuels and low-carbon hydrogen to achieve carbon neutrality by 2050.

| (23) | Increasing ambition in the heating and cooling sector is key to delivering the overall renewable energy target given that heating and cooling constitutes around half of the Union's energy consumption, covering a wide range of end uses and technologies in buildings, industry and district heating and cooling. To accelerate the increase of renewables in heating and cooling, an annual 1,1 ▌should be made binding as a minimum for all Member States
  , with an indicative target going up to 2,3, according to the REPowerEU level
  . For those Member States, which already have renewable shares above 50 % in the heating and cooling sector, it should remain possible to only apply half of the binding annual increase rate and Member States with 60 % or above may count any such share as fulfilling the average annual increase rate in accordance with points b) and c) of paragraph 2 of Article 23
  . Member States should carry out, with the involvement of local and regional authorities and in accordance with the energy efficiency first principle, an assessment of their potential of energy from renewable sources in the heating and cooling sector and of the use of waste heat and cold
  . In addition, Member State-specific top-ups should be set, redistributing the additional efforts to the desired level of renewables in 2030 among Member States based on GDP and cost-effectiveness. A longer list of different measures should also be included in Directive (EU) 2018/2001 to facilitate increasing the share of renewables in heating and cooling. Member States
  should
  implement
  three
  measures from the list of measures.
  When adopting and implementing those measures, Member States should ensure their accessibility to all consumers, in particular those in low-income or vulnerable households, and should require a significant share of measures to be implemented as a priority in low-income households at risk of energy poverty and in social housing [Am. 38]. |
| --- | --- |

(23)

Increasing ambition in the heating and cooling sector is key to delivering the overall renewable energy target given that heating and cooling constitutes around half of the Union's energy consumption, covering a wide range of end uses and technologies in buildings, industry and district heating and cooling. To accelerate the increase of renewables in heating and cooling, an annual 1,1 ▌should be made binding as a minimum for all Member States
  , with an indicative target going up to 2,3, according to the REPowerEU level
  . For those Member States, which already have renewable shares above 50 % in the heating and cooling sector, it should remain possible to only apply half of the binding annual increase rate and Member States with 60 % or above may count any such share as fulfilling the average annual increase rate in accordance with points b) and c) of paragraph 2 of Article 23
  . Member States should carry out, with the involvement of local and regional authorities and in accordance with the energy efficiency first principle, an assessment of their potential of energy from renewable sources in the heating and cooling sector and of the use of waste heat and cold
  . In addition, Member State-specific top-ups should be set, redistributing the additional efforts to the desired level of renewables in 2030 among Member States based on GDP and cost-effectiveness. A longer list of different measures should also be included in Directive (EU) 2018/2001 to facilitate increasing the share of renewables in heating and cooling. Member States
  should
  implement
  three
  measures from the list of measures.
  When adopting and implementing those measures, Member States should ensure their accessibility to all consumers, in particular those in low-income or vulnerable households, and should require a significant share of measures to be implemented as a priority in low-income households at risk of energy poverty and in social housing [Am. 38].

| (24) | To ensure that a greater role of district heating and cooling is accompanied by better information for consumers, it is appropriate to clarify and strengthen the disclosure of the renewables share and
  the associated greenhouse gas emissions, as well as the
  energy efficiency of these systems. |
| --- | --- |

(24)

To ensure that a greater role of district heating and cooling is accompanied by better information for consumers, it is appropriate to clarify and strengthen the disclosure of the renewables share and
  the associated greenhouse gas emissions, as well as the
  energy efficiency of these systems.

| (24a) | The agricultural sector has the potential to produce additional renewable electricity. This renewable electricity is produced in a decentralised way, which is an opportunity in the energy transition. In order to put this electricity on the grid, this grid needs to have sufficient capacity. However, in rural areas the grid often ends and therefore has insufficient capacity to accommodate additional electricity. Grid reinforcement in rural areas should be strongly encouraged so that farms can actually fulfil their potential contribution to the energy transition through decentralised electricity production. |
| --- | --- |

(24a)

The agricultural sector has the potential to produce additional renewable electricity. This renewable electricity is produced in a decentralised way, which is an opportunity in the energy transition. In order to put this electricity on the grid, this grid needs to have sufficient capacity. However, in rural areas the grid often ends and therefore has insufficient capacity to accommodate additional electricity. Grid reinforcement in rural areas should be strongly encouraged so that farms can actually fulfil their potential contribution to the energy transition through decentralised electricity production.

| (24b) | Small-scale on-farm energy production installations have an enormous potential to increase the on-farm circularity by transforming the waste and residual streams of the farm, amongst others manure, into heat and electricity. Therefore, all barriers should be removed to encourage farmers to invest in these technologies towards a circular farm, such as pocket digesters. One of these barriers is the valorisation of residues of the process, for instance RENURE, as well as ammonium sulphate, which should be able to be categorised and used as fertilizers. |
| --- | --- |

(24b)

Small-scale on-farm energy production installations have an enormous potential to increase the on-farm circularity by transforming the waste and residual streams of the farm, amongst others manure, into heat and electricity. Therefore, all barriers should be removed to encourage farmers to invest in these technologies towards a circular farm, such as pocket digesters. One of these barriers is the valorisation of residues of the process, for instance RENURE, as well as ammonium sulphate, which should be able to be categorised and used as fertilizers.

| (25) | Modern renewable-based efficient district heating and cooling systems have demonstrated their potential to provide cost-effective solutions for integrating renewable energy, increased energy efficiency and energy system integration, facilitating the overall decarbonisation of the heating and cooling sector. To ensure this potential is harnessed, the annual increase of renewable energy and/or waste heat in district heating and cooling should be raised from 1 percentage point to
  2,3
  without changing the indicative nature of this increase, reflecting the uneven development of this type of network across the Union. |
| --- | --- |

(25)

Modern renewable-based efficient district heating and cooling systems have demonstrated their potential to provide cost-effective solutions for integrating renewable energy, increased energy efficiency and energy system integration, facilitating the overall decarbonisation of the heating and cooling sector. To ensure this potential is harnessed, the annual increase of renewable energy and/or waste heat in district heating and cooling should be raised from 1 percentage point to
  2,3
  without changing the indicative nature of this increase, reflecting the uneven development of this type of network across the Union.

| (26) | To reflect the increased importance of district heating and cooling and the need to steer the development of these networks towards the integration of more renewable energy, it is appropriate to set requirements to ensure the connection of third party suppliers of renewable energy and waste heat and cold with district heating or cooling networks systems above 25MW. |
| --- | --- |

(26)

To reflect the increased importance of district heating and cooling and the need to steer the development of these networks towards the integration of more renewable energy, it is appropriate to set requirements to ensure the connection of third party suppliers of renewable energy and waste heat and cold with district heating or cooling networks systems above 25MW.

| (27) | Waste heat and cold are underused despite their wide availability, leading to a waste of resources, lower energy efficiency in national energy systems and higher than necessary energy consumption in the Union. Requirements for closer coordination between district heating and cooling operators, industrial and tertiary sectors, and local authorities could facilitate the dialogue and cooperation necessary to harness cost-effective waste heat and cold potentials via district heating and cooling systems. |
| --- | --- |

(27)

Waste heat and cold are underused despite their wide availability, leading to a waste of resources, lower energy efficiency in national energy systems and higher than necessary energy consumption in the Union. Requirements for closer coordination between district heating and cooling operators, industrial and tertiary sectors, and local authorities could facilitate the dialogue and cooperation necessary to harness cost-effective waste heat and cold potentials via district heating and cooling systems.

| (28) | To ensure district heating and cooling participate fully in energy sector integration, it is necessary to extend the cooperation with electricity distribution system operators to electricity transmission system operators and widen the scope of cooperation to grid investment planning and markets to better utilise the potential of district heating and cooling for providing flexibility services in electricity markets. Further cooperation with gas network operators, including hydrogen and other energy networks, should also be made possible to ensure a wider integration across energy carriers and their most cost-effective use. |
| --- | --- |

(28)

To ensure district heating and cooling participate fully in energy sector integration, it is necessary to extend the cooperation with electricity distribution system operators to electricity transmission system operators and widen the scope of cooperation to grid investment planning and markets to better utilise the potential of district heating and cooling for providing flexibility services in electricity markets. Further cooperation with gas network operators, including hydrogen and other energy networks, should also be made possible to ensure a wider integration across energy carriers and their most cost-effective use.

| (29) | The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport — FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. |
| --- | --- |

(29)

The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport — FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport].

| (29a) | The COVID-19 pandemic has demonstrated the strategic importance of the transport sector. The implementation of green lanes, which provided secure supply chains for health care and emergency services, essential food supply and pharmaceutical products was a good practice, which in the future should take precedence over emissions reduction in times of crisis. |
| --- | --- |

(29a)

The COVID-19 pandemic has demonstrated the strategic importance of the transport sector. The implementation of green lanes, which provided secure supply chains for health care and emergency services, essential food supply and pharmaceutical products was a good practice, which in the future should take precedence over emissions reduction in times of crisis.

| (29b) | The implementation or installation of wind-assisted propulsion and wind propulsion systems is considered as a renewable energy source and one of the decarbonisation solutions for maritime transport. |
| --- | --- |

(29b)

The implementation or installation of wind-assisted propulsion and wind propulsion systems is considered as a renewable energy source and one of the decarbonisation solutions for maritime transport.

| (30) | Electromobility will play an essential role in decarbonising the transport sector. To foster the further development of electromobility, Member States should establish a credit mechanism enabling operators of charging points accessible to the public to contribute, by supplying renewable electricity
  or renewable energy
  , towards the fulfilment of the obligation set up by Member States on fuel suppliers.
  Member States can include private recharging stations in this mechanism, if it can be demonstrated that the renewable electricity supplied to those recharging stations is provided solely to electric vehicles
  . While supporting electricity in transport through such a mechanism, it is important that Member States continue setting a high level of ambition for the decarbonisation of their liquid fuel mix
  , particularly
  in
  hard-to-decarbonise
  transport
  sectors, such as maritime and aviation, where direct electrification is much more difficult
  . |
| --- | --- |

(30)

Electromobility will play an essential role in decarbonising the transport sector. To foster the further development of electromobility, Member States should establish a credit mechanism enabling operators of charging points accessible to the public to contribute, by supplying renewable electricity
  or renewable energy
  , towards the fulfilment of the obligation set up by Member States on fuel suppliers.
  Member States can include private recharging stations in this mechanism, if it can be demonstrated that the renewable electricity supplied to those recharging stations is provided solely to electric vehicles
  . While supporting electricity in transport through such a mechanism, it is important that Member States continue setting a high level of ambition for the decarbonisation of their liquid fuel mix
  , particularly
  in
  hard-to-decarbonise
  transport
  sectors, such as maritime and aviation, where direct electrification is much more difficult
  .

| (30a) | Hydrogen can be used as feedstock or a source of energy in industrial and chemical processes and in air and maritime transport, decarbonising sectors in which direct electrification is not technologically possible or competitive, as well as for energy storage to balance, where necessary, the energy system, thereby playing a significant role in energy system integration. |
| --- | --- |

(30a)

Hydrogen can be used as feedstock or a source of energy in industrial and chemical processes and in air and maritime transport, decarbonising sectors in which direct electrification is not technologically possible or competitive, as well as for energy storage to balance, where necessary, the energy system, thereby playing a significant role in energy system integration.

| (30b) | The Union regulatory framework and initiatives aimed at achieving the greenhouse gas emission reduction targets should support the industry to shift towards a more sustainable European energy system, especially when establishing new targets and production thresholds. |
| --- | --- |

(30b)

The Union regulatory framework and initiatives aimed at achieving the greenhouse gas emission reduction targets should support the industry to shift towards a more sustainable European energy system, especially when establishing new targets and production thresholds.

| (31) | The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated to the production of certain biofuels, bioliquids and biomass fuels.
  Likewise, inadequate planning of the installations of large wind or photovoltaic projects can have undesired effects on biodiversity, on landscapes, and on local communities. The indirect effects of deforestation and soil compaction, the effects of wind turbines and the conflicts of land use with regard to solar parks should also be taken into account.
  Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator.
  The Union should thus promote fuels in quantities which balance the necessary ambition with the need to avoid contributing to direct and indirect land-use change
  . As a consequence, the changes in the way the transport target is calculated should not affect the limits established on how to account toward that target certain fuels produced from food and feed crops on the one hand and high indirect land-use change-risk fuels on the other hand. In addition, in order not to create an incentive to use biofuels and biogas produced from food and feed crops in transport
  and to take into consideration the war against Ukraine
  , Member States should continue to be able to choose whether count them or not towards the transport target. If they do not count them, they may reduce the greenhouse gas intensity reduction target accordingly, assuming that food and feed crop-based biofuels save 50 % greenhouse gas emissions, which corresponds to the typical values set out in an annex to this Directive for the greenhouse gas emission savings of the most relevant production pathways of food and feed crop-based biofuels as well as the minimum savings threshold applying to most installations producing such biofuels.
  In addition, Member States should also consider securing additional food supply to stabilise global food commodity markets.
  . |
| --- | --- |

(31)

The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated to the production of certain biofuels, bioliquids and biomass fuels.
  Likewise, inadequate planning of the installations of large wind or photovoltaic projects can have undesired effects on biodiversity, on landscapes, and on local communities. The indirect effects of deforestation and soil compaction, the effects of wind turbines and the conflicts of land use with regard to solar parks should also be taken into account.
  Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator.
  The Union should thus promote fuels in quantities which balance the necessary ambition with the need to avoid contributing to direct and indirect land-use change
  . As a consequence, the changes in the way the transport target is calculated should not affect the limits established on how to account toward that target certain fuels produced from food and feed crops on the one hand and high indirect land-use change-risk fuels on the other hand. In addition, in order not to create an incentive to use biofuels and biogas produced from food and feed crops in transport
  and to take into consideration the war against Ukraine
  , Member States should continue to be able to choose whether count them or not towards the transport target. If they do not count them, they may reduce the greenhouse gas intensity reduction target accordingly, assuming that food and feed crop-based biofuels save 50 % greenhouse gas emissions, which corresponds to the typical values set out in an annex to this Directive for the greenhouse gas emission savings of the most relevant production pathways of food and feed crop-based biofuels as well as the minimum savings threshold applying to most installations producing such biofuels.
  In addition, Member States should also consider securing additional food supply to stabilise global food commodity markets.
  .

| (31a) | Account should be taken of Article 349 of the Treaty on the Functioning of the European Union (TFEU), which acknowledges the particular vulnerability of the outermost regions arising from their remoteness from mainland regions, insularity, small size, difficult topography and climate and economic dependence on a few products, a combination that severely restrains their development and generates substantial extra costs in many areas, particularly for transport. Efforts being made and targets set at European level for greenhouse gas reduction must be adapted to this difficult situation, balancing environmental objectives against the high social costs for these regions. |
| --- | --- |

(31a)

Account should be taken of Article 349 of the Treaty on the Functioning of the European Union (TFEU), which acknowledges the particular vulnerability of the outermost regions arising from their remoteness from mainland regions, insularity, small size, difficult topography and climate and economic dependence on a few products, a combination that severely restrains their development and generates substantial extra costs in many areas, particularly for transport. Efforts being made and targets set at European level for greenhouse gas reduction must be adapted to this difficult situation, balancing environmental objectives against the high social costs for these regions.

| (32) | Expressing the transport target as a greenhouse gas intensity reduction target makes it unnecessary to use multipliers to promote certain renewable energy sources. This is because different renewable energy sources save different amounts of greenhouse gas emissions and, therefore, contribute differently to a target. Renewable electricity should be considered to have zero emissions, meaning it saves 100 % emissions compared to electricity produced from fossil fuels. This will create an incentive for the use of renewable electricity since renewable fuels and recycled carbon fuels are unlikely to achieve such a high percentage of savings. Electrification relying on renewable energy sources would therefore become the most efficient way to decarbonise road transport. In addition, in order to promote the use of advanced biofuels and biogas and renewable fuels of non-biological origin in the aviation and maritime modes, which are difficult to electrify, it is appropriate to keep the multiplier for those fuels supplied in those modes when counted towards the specific targets set for those fuels. |
| --- | --- |

(32)

Expressing the transport target as a greenhouse gas intensity reduction target makes it unnecessary to use multipliers to promote certain renewable energy sources. This is because different renewable energy sources save different amounts of greenhouse gas emissions and, therefore, contribute differently to a target. Renewable electricity should be considered to have zero emissions, meaning it saves 100 % emissions compared to electricity produced from fossil fuels. This will create an incentive for the use of renewable electricity since renewable fuels and recycled carbon fuels are unlikely to achieve such a high percentage of savings. Electrification relying on renewable energy sources would therefore become the most efficient way to decarbonise road transport. In addition, in order to promote the use of advanced biofuels and biogas and renewable fuels of non-biological origin in the aviation and maritime modes, which are difficult to electrify, it is appropriate to keep the multiplier for those fuels supplied in those modes when counted towards the specific targets set for those fuels.

| (33) | Direct electrification of end-use sectors, including the transport sector, contributes to the
  system
  efficiency and facilitates the transition to an energy system based on renewable energy. It is therefore in itself an effective means to reduce greenhouse gas emissions. The creation of a framework on additionality applying specifically to renewable electricity supplied to electric vehicles in the transport is therefore not required [Am. 10]. |
| --- | --- |

(33)

Direct electrification of end-use sectors, including the transport sector, contributes to the
  system
  efficiency and facilitates the transition to an energy system based on renewable energy. It is therefore in itself an effective means to reduce greenhouse gas emissions. The creation of a framework on additionality applying specifically to renewable electricity supplied to electric vehicles in the transport is therefore not required [Am. 10].

| (34) | Since renewable fuels of non-biological origin are to be counted as renewable energy regardless of the sector in which they are consumed, the rules to determine their renewable nature when produced from electricity, which were applicable only to those fuels when consumed in the transport sector, should be extended to all renewable fuels of non-biological origin, regardless of the sector where they are consumed. |
| --- | --- |

(34)

Since renewable fuels of non-biological origin are to be counted as renewable energy regardless of the sector in which they are consumed, the rules to determine their renewable nature when produced from electricity, which were applicable only to those fuels when consumed in the transport sector, should be extended to all renewable fuels of non-biological origin, regardless of the sector where they are consumed.

| (34 a) | Electricity obtained from direct connection to one or several installations generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non- biological origin. Installations demonstrate that the electricity concerned has been supplied without taking electricity from the grid. Electricity taken from the grid may be counted as fully renewable provided that it is produced exclusively from renewable sources and the renewable properties and other appropriate criteria have been demonstrated by the conclusion of a power purchasing agreement. In order to be fully qualified as renewable fuel of non-biological origin, the geographical correlation should be on bidding zone level and should also take into consideration offshore situations. Renewable properties of that electricity are to be claimed only once and only in one end-use sector. The same should apply to renewable fuels of non-biological origin imported in the Union [Am. 11]. |
| --- | --- |

(34 a)

Electricity obtained from direct connection to one or several installations generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non- biological origin. Installations demonstrate that the electricity concerned has been supplied without taking electricity from the grid. Electricity taken from the grid may be counted as fully renewable provided that it is produced exclusively from renewable sources and the renewable properties and other appropriate criteria have been demonstrated by the conclusion of a power purchasing agreement. In order to be fully qualified as renewable fuel of non-biological origin, the geographical correlation should be on bidding zone level and should also take into consideration offshore situations. Renewable properties of that electricity are to be claimed only once and only in one end-use sector. The same should apply to renewable fuels of non-biological origin imported in the Union [Am. 11].

| (35) | To ensure higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should be lowered from the current 20 MW to
  7,5 MW
  . |
| --- | --- |

(35)

To ensure higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should be lowered from the current 20 MW to
  7,5 MW
  .

| (36) | Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary
  and old-growth
  forests, highly biodiverse forests, grasslands, peat lands
  and heathlands
  , exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels.
  Semi-natural forests as forests or other wooded land that are neither primary forest nor plantation forest and composed predominantly of native trees and shrub species which have not been planted have a high biodiversity and climate value and should not be transformed into plantation forests or otherwise degraded. Special attention should be given towards forest science to address open questions and provide data, as they are key for understanding better the role of our trees for climate, environment, economy and society. Biofuels, bioliquids and biomass fuels produced from agricultural and forest biomass and Renewable Fuels of Non-Biological Origin should be obtained from lands or forests for which third parties’ rights concerning use and tenure of the land or forest are respected by obtaining free, prior and informed consent of these third parties, with the participation by representative institutions and organisations, while human and labour rights of third parties are respected and the availability of food and feed for third parties is not at risk. |
| --- | --- |

(36)

Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary
  and old-growth
  forests, highly biodiverse forests, grasslands, peat lands
  and heathlands
  , exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels.
  Semi-natural forests as forests or other wooded land that are neither primary forest nor plantation forest and composed predominantly of native trees and shrub species which have not been planted have a high biodiversity and climate value and should not be transformed into plantation forests or otherwise degraded. Special attention should be given towards forest science to address open questions and provide data, as they are key for understanding better the role of our trees for climate, environment, economy and society. Biofuels, bioliquids and biomass fuels produced from agricultural and forest biomass and Renewable Fuels of Non-Biological Origin should be obtained from lands or forests for which third parties’ rights concerning use and tenure of the land or forest are respected by obtaining free, prior and informed consent of these third parties, with the participation by representative institutions and organisations, while human and labour rights of third parties are respected and the availability of food and feed for third parties is not at risk.

| (37) | In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to reduce the burden on small installations, Member States should establish a simplified verification mechanism for installations of between 5 and
  20 MW
  . |
| --- | --- |

(37)

In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to reduce the burden on small installations, Member States should establish a simplified verification mechanism for installations of between 5 and
  20 MW
  .

| (38) | The Union database to be set up by the Commission aims at enabling the tracing of liquid and gaseous renewable fuels and recycled carbon fuels. Its scope should be extended from transport to all other end-use sectors in which such fuels are consumed. This should make a vital contribution to the comprehensive monitoring of the production and consumption of those fuels, mitigating risks of double-counting or irregularities along the supply chains covered by the Union database. In addition, to avoid any risk of double claims on the same renewable gas, a guarantee of origin issued for any consignment of renewable gas registered in the database should be cancelled.
  This database should be made publicly available in an open, transparent and user friendly manner. The Commission should publish annual reports for the general public about the information reported in the Union database, including the quantities, the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels. |
| --- | --- |

(38)

The Union database to be set up by the Commission aims at enabling the tracing of liquid and gaseous renewable fuels and recycled carbon fuels. Its scope should be extended from transport to all other end-use sectors in which such fuels are consumed. This should make a vital contribution to the comprehensive monitoring of the production and consumption of those fuels, mitigating risks of double-counting or irregularities along the supply chains covered by the Union database. In addition, to avoid any risk of double claims on the same renewable gas, a guarantee of origin issued for any consignment of renewable gas registered in the database should be cancelled.
  This database should be made publicly available in an open, transparent and user friendly manner. The Commission should publish annual reports for the general public about the information reported in the Union database, including the quantities, the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels.

| (38a) | In order to offset of the regulatory burdens for citizens, administrations and businesses introduced by this Directive, the Commission should, in the framework of its annual burden survey conducted pursuant to paragraph 48 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, review the regulatory framework in the concerned sectors in line with the ‘one in, one out’ principle, as set out in the Commission communication of 29 April 2021 entitled ‘Better Regulation: Joining forces to make better laws’, and, where appropriate, present legislative proposals for the amendment or deletion of provisions in other Union legislative acts that generate compliance costs in those sectors. |
| --- | --- |

(38a)

In order to offset of the regulatory burdens for citizens, administrations and businesses introduced by this Directive, the Commission should, in the framework of its annual burden survey conducted pursuant to paragraph 48 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, review the regulatory framework in the concerned sectors in line with the ‘one in, one out’ principle, as set out in the Commission communication of 29 April 2021 entitled ‘Better Regulation: Joining forces to make better laws’, and, where appropriate, present legislative proposals for the amendment or deletion of provisions in other Union legislative acts that generate compliance costs in those sectors.

| (38b) | Adequate anti-fraud provisions must be laid down, in particular in relation to used cooking oil (UCO) given the widespread mixing of palm oil. As the detection and prevention of fraud is essential to prevent unfair competition and rampant deforestation in third countries, full and certified traceability of these raw materials should be implemented. |
| --- | --- |

(38b)

Adequate anti-fraud provisions must be laid down, in particular in relation to used cooking oil (UCO) given the widespread mixing of palm oil. As the detection and prevention of fraud is essential to prevent unfair competition and rampant deforestation in third countries, full and certified traceability of these raw materials should be implemented.

| (39) | The Governance Regulation (EU) 2018/1999 makes several references in a number of places to the Union-level binding target of at least 32 % for the share of renewable energy consumed in the Union in 2030. As that target needs to be increased in order to contribute effectively to the ambition to decrease greenhouse gas emissions by
  at least
  55 % by 2030, those references should be amended. Any additional planning and reporting requirements set will not create a new planning and reporting system, but should be subject to the existing planning and reporting framework under Regulation (EU) 2018/1999. |
| --- | --- |

(39)

The Governance Regulation (EU) 2018/1999 makes several references in a number of places to the Union-level binding target of at least 32 % for the share of renewable energy consumed in the Union in 2030. As that target needs to be increased in order to contribute effectively to the ambition to decrease greenhouse gas emissions by
  at least
  55 % by 2030, those references should be amended. Any additional planning and reporting requirements set will not create a new planning and reporting system, but should be subject to the existing planning and reporting framework under Regulation (EU) 2018/1999.

| (40) | The scope of Directive 98/70/EC of the European Parliament and of the Council (16) should be amended in order to avoid a duplication of regulatory requirements with regard to transport fuel decarbonisation objectives and align with Directive (EU) 2018/2001. |
| --- | --- |

(40)

The scope of Directive 98/70/EC of the European Parliament and of the Council (16) should be amended in order to avoid a duplication of regulatory requirements with regard to transport fuel decarbonisation objectives and align with Directive (EU) 2018/2001.

| (40a) | It is also important to encourage research and innovation in the field of clean energies, such as hydrogen, in order to meet the growing demand for alternative fuels and, above all, to make available on the market energy that is cheaper than fossil fuels like diesel, fuel oil and petrol, for which prices are now hitting record highs. |
| --- | --- |

(40a)

It is also important to encourage research and innovation in the field of clean energies, such as hydrogen, in order to meet the growing demand for alternative fuels and, above all, to make available on the market energy that is cheaper than fossil fuels like diesel, fuel oil and petrol, for which prices are now hitting record highs.

| (41) | The definitions of Directive 98/70/EC should be amended in order to align them with Directive (EU) 2018/2001 and thereby avoid different definitions being applied in those two acts. |
| --- | --- |

(41)

The definitions of Directive 98/70/EC should be amended in order to align them with Directive (EU) 2018/2001 and thereby avoid different definitions being applied in those two acts.

| (42) | The obligations regarding the greenhouse gas emissions reduction and the use of biofuels in Directive 98/70/EC should be deleted in order to streamline and avoid double regulation with regards to the strengthened transport fuel decarbonisation obligations which are provided for in Directive (EU) 2018/2001. |
| --- | --- |

(42)

The obligations regarding the greenhouse gas emissions reduction and the use of biofuels in Directive 98/70/EC should be deleted in order to streamline and avoid double regulation with regards to the strengthened transport fuel decarbonisation obligations which are provided for in Directive (EU) 2018/2001.

| (43) | The obligations regarding the monitoring of and reporting on the greenhouse gas emission reductions set out in Directive 98/70/EC should be deleted to avoid regulating reporting obligations twice. |
| --- | --- |

(43)

The obligations regarding the monitoring of and reporting on the greenhouse gas emission reductions set out in Directive 98/70/EC should be deleted to avoid regulating reporting obligations twice.

| (44) | Council Directive (EU) 2015/652, which provides the detailed rules for the uniform implementation of Article 7a of Directive 98/70/EC, should be repealed as it becomes obsolete with the repeal of Article 7a of Directive 98/70/EC by this Directive. |
| --- | --- |

(44)

Council Directive (EU) 2015/652, which provides the detailed rules for the uniform implementation of Article 7a of Directive 98/70/EC, should be repealed as it becomes obsolete with the repeal of Article 7a of Directive 98/70/EC by this Directive.

| (45) | As regards bio-based components in diesel fuel, the reference in Directive 98/70/EC to diesel fuel B7, that is diesel fuel containing up to 7 % fatty acid methyl esters (FAME), limits available options to attain higher biofuel incorporation targets as set out in Directive (EU) 2018/2001. That is due to the fact that almost the entire Union supply of diesel fuel is already B7. For that reason the maximum share of bio-based components should be increased from 7 % to 10 %. Sustaining the market uptake of B10, that is diesel fuel containing up to 10 % fatty acid methyl esters (FAME), requires a Union-wide B7 protection grade for 7 % FAME in diesel fuel due to the sizeable proportion of vehicles not compatible with B10 expected to be present in the fleet by 2030. This should be reflected in Article 4, paragraph 1, second subparagraph of Directive 98/70/EC as amended by this act. |
| --- | --- |

(45)

As regards bio-based components in diesel fuel, the reference in Directive 98/70/EC to diesel fuel B7, that is diesel fuel containing up to 7 % fatty acid methyl esters (FAME), limits available options to attain higher biofuel incorporation targets as set out in Directive (EU) 2018/2001. That is due to the fact that almost the entire Union supply of diesel fuel is already B7. For that reason the maximum share of bio-based components should be increased from 7 % to 10 %. Sustaining the market uptake of B10, that is diesel fuel containing up to 10 % fatty acid methyl esters (FAME), requires a Union-wide B7 protection grade for 7 % FAME in diesel fuel due to the sizeable proportion of vehicles not compatible with B10 expected to be present in the fleet by 2030. This should be reflected in Article 4, paragraph 1, second subparagraph of Directive 98/70/EC as amended by this act.

| (45a) | A greater use of renewable energy can also increase energy security and self-sufficiency by, amongst other things, reducing dependence on fossil fuels. However, further reinforcement and interconnection of the transmission system is essential for the fair and efficient use of this transition, so that the resulting benefits are spread evenly across the population of the Union and do not lead to energy poverty. |
| --- | --- |

(45a)

A greater use of renewable energy can also increase energy security and self-sufficiency by, amongst other things, reducing dependence on fossil fuels. However, further reinforcement and interconnection of the transmission system is essential for the fair and efficient use of this transition, so that the resulting benefits are spread evenly across the population of the Union and do not lead to energy poverty.

| (46) | The transitional provisions should allow for an ordered continuation of data collection and the fulfilment of reporting obligations with respect to the articles of Directive 98/70/EC deleted by this Directive. |
| --- | --- |

(46)

The transitional provisions should allow for an ordered continuation of data collection and the fulfilment of reporting obligations with respect to the articles of Directive 98/70/EC deleted by this Directive.

| (47) | In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (17), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified, in particular following the judgment of the European Court of Justice in Case Commission vs Belgium (18) (case C-543/17). |
| --- | --- |

(47)

In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (17), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified, in particular following the judgment of the European Court of Justice in Case Commission vs Belgium (18) (case C-543/17).

| (47a) | There is enormous potential for the Union and its developing partner countries in terms of technology cooperation, renewable energy projects and clean energy exports and development of greater interconnectivity of clean energy grids. Despite their steady growth overall, renewable energy investments remain concentrated in a handful of regions and countries. Regions dominated by developing and emerging countries remain consistently underrepresented, attracting only about 15 % of global investments in renewables
   (19)

  . Union energy partnerships should target renewable energy generation projects, as well as supporting the development of renewable energy projects and setting legal and financial frameworks, and should include the provision of necessary technical assistance and knowledge transfer in close cooperation with the private sector. Commitments on good governance and the perspective of stable, long-term collaboration should be conditional for Union cooperation. Sustainable energy cooperation should be key priority for suitable countries under the Global Gateway Initiative [Am. 12]. |
| --- | --- |

(47a)

There is enormous potential for the Union and its developing partner countries in terms of technology cooperation, renewable energy projects and clean energy exports and development of greater interconnectivity of clean energy grids. Despite their steady growth overall, renewable energy investments remain concentrated in a handful of regions and countries. Regions dominated by developing and emerging countries remain consistently underrepresented, attracting only about 15 % of global investments in renewables
   (19)

  . Union energy partnerships should target renewable energy generation projects, as well as supporting the development of renewable energy projects and setting legal and financial frameworks, and should include the provision of necessary technical assistance and knowledge transfer in close cooperation with the private sector. Commitments on good governance and the perspective of stable, long-term collaboration should be conditional for Union cooperation. Sustainable energy cooperation should be key priority for suitable countries under the Global Gateway Initiative [Am. 12].

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive (EU) 2018/2001

Directive (EU) 2018/2001 is amended as follows:

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








  (-a) | point (1) is replaced by the following:










  ‘(1) | “energy from renewable sources” or “renewable energy” means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) and geothermal energy, osmotic energy, ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogas;’; |
| --- | --- | --- | --- |

(1)

in Article 2, the second paragraph is amended as follows:

(-a)

point (1) is replaced by the following:

‘(1)

| (-aa) | in point (16), point (c) is replaced by the following:










  ‘(c) | the primary purpose of which is to provide environmental, economic or social community benefits, in accordance with the energy efficiency first principle, for its shareholders or members or for the local areas where it operates, rather than financial profits;’; |
| --- | --- | --- |

(-aa)

in point (16), point (c) is replaced by the following:

‘(c)

the primary purpose of which is to provide environmental, economic or social community benefits, in accordance with the energy efficiency first principle, for its shareholders or members or for the local areas where it operates, rather than financial profits;’;

| (a) | point (36) is replaced by the following:






  ‘(36) | “renewable fuels of non-biological origin” means liquid and gaseous fuels the energy content of which is derived from renewable sources other than biomass;’; |
| --- | --- | --- |

(a)

point (36) is replaced by the following:

‘(36)

| (b) | point (47) is replaced by the following:






  ‘(47) | “default value” means a value derived from a typical value by the application of pre-determined factors and that may, in circumstances specified in this Directive, be used in place of an actual value;’; |
| --- | --- | --- |

(b)

point (47) is replaced by the following:

‘(47)

| (c) | the following points are added:






  ‘(
  47a
  ) | “quality roundwood” means roundwood felled or otherwise harvested and removed, whose characteristics, such as species, dimensions, rectitude, and node density, make it suitable for industrial use, as defined and duly justified by Member States according to the relevant forest conditions. This does not include pre-commercial thinning operations or trees extracted from forests affected by fires, pests, diseases or damage due to abiotic factors; |
| --- | --- | --- |

(c)

the following points are added:

‘(
  47a
  )

| (47b) | “innovative renewable energy technology” means a renewable energy generation technology that improves in at least one way comparable state-of-the-art renewable energy technologies or makes exploitable a largely untapped renewable energy resource and involves a clear degree of risk, in technological, market or financial terms, which is higher than the risk generally associated with comparable non-innovative technologies or activities; |
| --- | --- |

(47b)

| (
  47c
  ) | “bidding zone” means a bidding zone as defined in Article 2, point (65) of Regulation (EU) 2019/943 of the European Parliament and of the Council (20); |
| --- | --- |

(
  47c
  )

| (
  47d
  ) | “smart metering system” means
  a
  smart metering system as defined in Article 2, point (23) of Directive (EU) 2019/944 of the European Parliament and of the Council (21); |
| --- | --- |

(
  47d
  )

| (
  47e
  ) | “recharging point” means
  a
  recharging point as defined in ▌ Article 2, point (33) of Directive (EU) No 2019/944; |
| --- | --- |

(
  47e
  )

| (
  47f
  ) | “market participant” means
  a
  market participant as defined in ▌ Article 2, point (25) of Regulation (EU) 2019/943; |
| --- | --- |

(
  47f
  )

| (
  47g
  ) | “electricity market” means
  an
  electricity market as defined in Article 2, point (9) of Directive 2019/944; |
| --- | --- |

(
  47g
  )

| (
  47h
  ) | “domestic battery” means a stand-alone rechargeable battery of rated capacity greater than 2 kwh, which is suitable for installation and use in a domestic environment; |
| --- | --- |

(
  47h
  )

| (
  47i
  ) | “electric vehicle battery” means an electric vehicle battery as defined in Article 2, point (12) of [the proposed Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020 (22)]; |
| --- | --- |

(
  47i
  )

| (
  47j
  ) | “industrial battery” means
  an
  industrial battery as defined in Article 2. point (11) of [the proposed Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020]; |
| --- | --- |

(
  47j
  )

| (
  47k
  ) | “state of health” means state of health as defined in ▌Article 2, point (25) of [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020 (23)]; |
| --- | --- |

(
  47k
  )

| (
  47l
  ) | “state of charge” means state of charge as defined in Article 2, point (24) of [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020]; |
| --- | --- |

(
  47l
  )

| (
  47m
  ) | “power set point” means the information held in a battery’s management system prescribing the electric power settings at which the battery operates during a recharging or a discharging operation, so that its state of health and operational use are optimised; |
| --- | --- |

(
  47m
  )

| (
  47n
  ) | “smart charging” means a recharging operation in which the intensity of electricity delivered to the battery is adjusted in real-time, based on information received through electronic communication
  and which can be realised at normal charging speeds as well as during fast charging through a response to dynamic price signals or an optimisation of power flow; |
| --- | --- |

(
  47n
  )

| (
  47o
  ) | “regulatory authority” means
  a
  regulatory authority defined in Article 2, point (2) of Regulation (EU) 2019/943; |
| --- | --- |

(
  47o
  )

| (
  47p
  ) | “bidirectional charging” means
  a
  smart charging
  operation
  where the direction of
  the flow
  may be reversed,
  allowing electricity to flow
  from the battery to the recharging point it is connected to; |
| --- | --- |

(
  47p
  )

| (
  47q
  ) | “normal power recharging point” means
  a
  normal power recharging point ▌ as defined in Article 2, point (31) of [the proposal for a Regulation concerning the deployment of alternative fuel infrastructure, repealing Directive 2014/94/EU]; |
| --- | --- |

(
  47q
  )

| (47r) | “community battery” means a stand-alone rechargeable battery with a rated capacity greater than 50 kWh, which is suitable for installation and use in a residential, commercial or industrial environment and which is owned by jointly acting renewable self-consumers or a renewable energy community; |
| --- | --- |

(47r)

| (47s) | “renewables energy purchase agreement” means a contract under which a natural or legal person agrees to purchase renewable energy directly from a producer, which encompasses, but it is not limited to, renewables power purchase agreements, renewables hydrogen purchase agreements and renewables heating and cooling purchase agreements; |
| --- | --- |

(47s)

| (47t) | “renewables heating and cooling purchase agreement” means a contract under which a natural or legal person agrees to purchase renewable heating and cooling directly from a producer; |
| --- | --- |

(47t)

| (47u) | “renewables hydrogen purchase agreement” means a contract under which a natural or legal person agrees to purchase renewable fuels of non-biological origin directly from a producer; |
| --- | --- |

(47u)

| (
  47v
  ) | “industry” means companies and products that fall sections B, C, F and J, division (63) of the statistical classification of economic activities (NACE REV.2) (24); |
| --- | --- |

(
  47v
  )

| (
  47w
  ) | “non-energy purpose” means the use of fuels as raw materials in an industrial process, instead of being used to produce energy; |
| --- | --- |

(
  47w
  )

| (
  47x
  ) | “renewable fuels” means biofuels, bioliquids, biomass fuels and renewable fuels of non-biological origin; |
| --- | --- |

(
  47x
  )

| (47y) | “energy efficiency first” means energy efficiency first as defined in Article 2, point (18) of Regulation (EU) 2018/1999; |
| --- | --- |

(47y)

| (47z) | “offshore renewable hybrid asset” means a transmission asset serving the dual purpose of connecting offshore renewable energy generation and connecting two or more bidding zones; |
| --- | --- |

(47z)

| (47aa) | “renewable based district heating and cooling” means highly energy efficient district heating and cooling systems operating exclusively by renewable energy sources; |
| --- | --- |

(47aa)

| (47ab) | “primary woody biomass” means all roundwood felled or otherwise harvested and removed. It comprises all wood obtained from removals, i.e., the quantities removed from forests, including wood recovered due to natural mortality and from felling and logging. It includes all wood removed with or without bark, including wood removed in its round form, or split, roughly squared or in other form, e.g., branches, roots, stumps and burls (where these are harvested) and wood that is roughly shaped or pointed. This does not include woody biomass obtained from sustainable wildfire prevention measures in high-risk fire prone areas, woody biomass obtained from road safety measures, and woody biomass extracted from forests affected by natural disasters, active pests or diseases to prevent their spread, whilst minimising wood extraction and protecting biodiversity, resulting in more diverse and resilient forests, and shall be based on guidelines from the Commission [Am. 42]; |
| --- | --- |

(47ab)

| (47ac) | “renewable hydrogen” means hydrogen produced through the electrolysis of water (in an electrolyser, powered by electricity stemming from renewable sources, or through the reforming of biogas or biochemical conversion of biomass, if in compliance with sustainability criteria set out in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council; |
| --- | --- |

(47ac)

| (
  47ad
  ) | “plantation forest” means a planted forest that is intensively managed and meets, at planting and stand maturity, all the following criteria: one or two species, even age class, and regular spacing. It includes short rotation plantations for wood, fibre and energy, and excludes forests planted for protection or ecosystem restoration, as well as forests established through planting or seeding which at stand maturity resemble or will resemble naturally regenerating forests; |
| --- | --- |

(
  47ad
  )

| (
  47ae
  ) | “planted forest” means forest predominantly composed of trees established through planting and/or deliberate seeding provided that the planted or seeded trees are expected to constitute more than fifty percent of the growing stock at maturity; it includes coppice from trees that were originally planted or seeded; ▌ |
| --- | --- |

(
  47ae
  )

| (47af) | “osmotic energy” means energy naturally created from the difference in salt concentration between two fluids, commonly fresh and salt water; |
| --- | --- |

(47af)

| (4ag) | “system efficiency” means an energy system which integrates variable renewables cost-effectively and maximises the value of demand-side flexibility to optimise the transition to climate neutrality, measured in reductions of system investment and operational costs, greenhouse gas emissions and fossil fuel uses in each national energy mix; |
| --- | --- |

(4ag)

| (47ah) | “renewable hybrid power plant” means a combination of two or more renewable generation technologies which share the same grid connection, and can also integrate storage capacity; |
| --- | --- |

(47ah)

| (47ai) | “co-located energy storage project” means a project encompassing an energy storage facility and a facility producing renewable energy connected behind the same grid access point; |
| --- | --- |

(47ai)

| (47aj) | “solar-electric vehicle” means a highly energy efficient motor vehicle equipped with a powertrain containing only non-peripheral electric machines as energy converter with an electric rechargeable energy storage system, which can be recharged externally, also equipped with vehicle-integrated photovoltaic panels [Am. 29]’; |
| --- | --- |

(47aj)

| (2) | Article 3 is amended as follows:






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

  ‘1.   Member States shall collectively ensure that the share of energy from renewable sources in the Union’s gross final consumption of energy in 2030 is at least
  45
   %.


  In order to promote the production and use of renewable energy from innovative renewable energy technologies and to safeguard the Union’s industrial competitiveness, each Member State shall set an indicative target of at least 5 % of new installed renewable energy capacity between ... [entry into force of the directive] and 2030 as innovative renewable energy technology.




  In order to facilitate further penetration of renewable electricity and to increase the flexibility and balancing services, Member States shall set an indicative target for storage technologies.




  To support the cost-effective achievement of the target referred to in the first subparagraph and the achievement of system efficiency, Member States shall set a minimum indicative national target for demand-side flexibility corresponding to a reduction of 5 % of peak electricity demand by 2030. That target shall be achieved through the activation of demand-side flexibility in all end-use sectors, including through buildings renovation and energy efficiency in accordance with Directive (EU) .../... [revised directive (EU) 2018/844] and Directive (EU) .../... [revised directive (EU) 2018/2002].




  Member States shall specify their national demand-side flexibility target, including intermediate milestones, in the national objectives set out in their integrated energy and climate plans to increase system flexibility, in accordance with Article 4, point (d), point (3) of Regulation (EU) 2018/1999. When needed, the Commission may take complementary measures to support the Members States to fulfil their target.




  Each Member State shall identify in its integrated energy and climate plan, in accordance with Article 4, point (d), point (3), of Regulation (EU) 2018/1999, the measures needed to meet the targets referred to in the second and third subparagraphs of paragraph 1 of this Article.’; |
| --- | --- | --- |

(2)

Article 3 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Member States shall collectively ensure that the share of energy from renewable sources in the Union’s gross final consumption of energy in 2030 is at least
  45
   %.

In order to promote the production and use of renewable energy from innovative renewable energy technologies and to safeguard the Union’s industrial competitiveness, each Member State shall set an indicative target of at least 5 % of new installed renewable energy capacity between ... [entry into force of the directive] and 2030 as innovative renewable energy technology.

In order to facilitate further penetration of renewable electricity and to increase the flexibility and balancing services, Member States shall set an indicative target for storage technologies.

To support the cost-effective achievement of the target referred to in the first subparagraph and the achievement of system efficiency, Member States shall set a minimum indicative national target for demand-side flexibility corresponding to a reduction of 5 % of peak electricity demand by 2030. That target shall be achieved through the activation of demand-side flexibility in all end-use sectors, including through buildings renovation and energy efficiency in accordance with Directive (EU) .../... [revised directive (EU) 2018/844] and Directive (EU) .../... [revised directive (EU) 2018/2002].

Member States shall specify their national demand-side flexibility target, including intermediate milestones, in the national objectives set out in their integrated energy and climate plans to increase system flexibility, in accordance with Article 4, point (d), point (3) of Regulation (EU) 2018/1999. When needed, the Commission may take complementary measures to support the Members States to fulfil their target.

Each Member State shall identify in its integrated energy and climate plan, in accordance with Article 4, point (d), point (3), of Regulation (EU) 2018/1999, the measures needed to meet the targets referred to in the second and third subparagraphs of paragraph 1 of this Article.’;

| (b) | paragraph 3 is replaced by the following:

  ‘3.   Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity
  , the environment and the climate
  . To that end, they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.
  As part of the measures referred to in the first subparagraph:






  (a) | Member States shall grant no support for:






  (i) | the use of saw logs, veneer logs, stumps and roots to produce energy; |
| --- | --- | --- | --- |

(b)

paragraph 3 is replaced by the following:

‘3.   Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity
  , the environment and the climate
  . To that end, they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.

As part of the measures referred to in the first subparagraph:

(a)

Member States shall grant no support for:

(i)

the use of saw logs, veneer logs, stumps and roots to produce energy;

| (ii) | the production of renewable energy produced from the incineration of waste if the separate collection
  and waste hierarchy
  obligations laid down in Directive 2008/98/EC have not been complied with; |
| --- | --- |

(ii)

the production of renewable energy produced from the incineration of waste if the separate collection
  and waste hierarchy
  obligations laid down in Directive 2008/98/EC have not been complied with;

| (iii) | practices which are not in line with the
  implementing
  act referred to in the third subparagraph. |
| --- | --- |

(iii)

practices which are not in line with the
  implementing
  act referred to in the third subparagraph.

| (b) | From 31 December 2026, and without prejudice
  to the provisions set out in Article 6 and
  to the obligations in the first sub-paragraph, Member States shall grant no support to the production of electricity from forest biomass in electricity-only-installations, unless such electricity meets at least one of the following conditions:






  (i) | it is produced in a region identified in a territorial just transition plan approved by the ▌Commission, in accordance with Regulation (EU) 2021/... of the European Parliament and the Council establishing the Just Transition Fund due to its reliance on solid fossil fuels, and meets the relevant requirements set in Article 29
  , point
  (11); |
| --- | --- | --- |

(b)

From 31 December 2026, and without prejudice
  to the provisions set out in Article 6 and
  to the obligations in the first sub-paragraph, Member States shall grant no support to the production of electricity from forest biomass in electricity-only-installations, unless such electricity meets at least one of the following conditions:

(i)

it is produced in a region identified in a territorial just transition plan approved by the ▌Commission, in accordance with Regulation (EU) 2021/... of the European Parliament and the Council establishing the Just Transition Fund due to its reliance on solid fossil fuels, and meets the relevant requirements set in Article 29
  , point
  (11);

| (ii) | it is produced applying Biomass CO2 Capture and Storage and meets the requirements set in Article 29
  , point
  (11), second subparagraph. |
| --- | --- |

(ii)

it is produced applying Biomass CO2 Capture and Storage and meets the requirements set in Article 29
  , point
  (11), second subparagraph.

| (ii a) | it is produced by plants that are already in operation on ... [the date of entry into force of this amending Directive], for which modifications in the direction of cogeneration are not possible due to the absence of the infrastructure and demand conditions and meet the requirements set out in Article 29, point (11), provided that Member States notify the Commission of the usage of such exemption and justify it by means of verified and up-to-date scientific and technical information and that the Commission approves the exemption. |
| --- | --- |

(ii a)

it is produced by plants that are already in operation on ... [the date of entry into force of this amending Directive], for which modifications in the direction of cogeneration are not possible due to the absence of the infrastructure and demand conditions and meet the requirements set out in Article 29, point (11), provided that Member States notify the Commission of the usage of such exemption and justify it by means of verified and up-to-date scientific and technical information and that the Commission approves the exemption.

No later than one year after [the entry into force of this amending Directive], the Commission shall adopt
  an implementing
  act ▌on how to apply the cascading principle for
  forest
  biomass, in particular on how to minimise the use of quality roundwood for energy production, with a focus on support schemes and with due regard to
  the highest economic and environmental added-value and
  national specificities
  including wildfire prevention and salvage logging
  .

By 2026 the Commission shall present a report on the impact of the Member States’ support schemes for biomass, including on biodiversity
  , climate, environment
  and possible market distortions, and will assess ▌support schemes to forest biomass.’;

| (c) | the following paragraph 4a is inserted:

  ‘4a.   Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable
  and co-located energy storage projects as well as renewables energy purchase agreements and renewables heating and cooling
  purchase agreements, enabling the deployment of renewable
  energy
  to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures,
  the establishment of energy community initiatives and the development of the necessary energy transport networks, to support
  a high level of renewable
  energy
  supply. When designing that framework, Member States shall take into account the additional renewable electricity
  and storage infrastructures
  required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.’;


  In accordance with the energy efficiency first principle, Member States shall ensure the flexible consumption, trade and storage of renewable electricity in these end-use sectors to help its penetration in a cost-effective way.




  Member States may include a summary of the policies and measures under the enabling framework and an assessment of their implementation respectively in their integrated national energy and climate plans and progress reports, pursuant to Regulation (EU) 2018/1999.’; |
| --- | --- |

(c)

the following paragraph 4a is inserted:

‘4a.   Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable
  and co-located energy storage projects as well as renewables energy purchase agreements and renewables heating and cooling
  purchase agreements, enabling the deployment of renewable
  energy
  to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures,
  the establishment of energy community initiatives and the development of the necessary energy transport networks, to support
  a high level of renewable
  energy
  supply. When designing that framework, Member States shall take into account the additional renewable electricity
  and storage infrastructures
  required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.’;

In accordance with the energy efficiency first principle, Member States shall ensure the flexible consumption, trade and storage of renewable electricity in these end-use sectors to help its penetration in a cost-effective way.

Member States may include a summary of the policies and measures under the enabling framework and an assessment of their implementation respectively in their integrated national energy and climate plans and progress reports, pursuant to Regulation (EU) 2018/1999.’;

| (3) | Article 7 is amended as follows:








  (-a) | in the first subparagraph of paragraph 1, point (c) is replaced by the following:










  ‘(c) | final consumption of energy from renewable sources and fuels in the transport sector.
  ’; |
| --- | --- | --- | --- |

(3)

Article 7 is amended as follows:

(-a)

(-a)

in the first subparagraph of paragraph 1, point (c) is replaced by the following:

in the first subparagraph of paragraph 1, point (c) is replaced by the following:

‘(c)

‘(c)

final consumption of energy from renewable sources and fuels in the transport sector.
  ’;

final consumption of energy from renewable sources and fuels in the transport sector.

| (a) | in paragraph 1, the second subparagraph is replaced by the following:
  ‘With regard to the first subparagraph, point (a), (b), or (c), gas and electricity from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. Energy produced from renewable fuels of non-biological origin shall be accounted in the sector — electricity, heating and cooling or transport — where it is consumed.
  Where renewable fuels of non-biological origin are consumed in a Member State different from the one where they have been produced, energy generated by the use of renewable fuels of non-biological origin shall be accounted for 80 % of their volume in the country and sector where it is consumed and for 20 % of their volume in the country where it is produced, unless agreed otherwise between Member States concerned. In order to monitor such agreements and to avoid any double counting, the Commission shall be notified of any such agreement, including the exact volumes of the supply and demand, the times of the transfer and the date by which the arrangement will become operational. The Commission shall make available information on the concluded agreements, including their timing, volume, price and any additional conditions.
  ’; |
| --- | --- |

(a)

in paragraph 1, the second subparagraph is replaced by the following:

‘With regard to the first subparagraph, point (a), (b), or (c), gas and electricity from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. Energy produced from renewable fuels of non-biological origin shall be accounted in the sector — electricity, heating and cooling or transport — where it is consumed.
  Where renewable fuels of non-biological origin are consumed in a Member State different from the one where they have been produced, energy generated by the use of renewable fuels of non-biological origin shall be accounted for 80 % of their volume in the country and sector where it is consumed and for 20 % of their volume in the country where it is produced, unless agreed otherwise between Member States concerned. In order to monitor such agreements and to avoid any double counting, the Commission shall be notified of any such agreement, including the exact volumes of the supply and demand, the times of the transfer and the date by which the arrangement will become operational. The Commission shall make available information on the concluded agreements, including their timing, volume, price and any additional conditions.
  ’;

Where renewable fuels of non-biological origin are consumed in a Member State different from the one where they have been produced, energy generated by the use of renewable fuels of non-biological origin shall be accounted for 80 % of their volume in the country and sector where it is consumed and for 20 % of their volume in the country where it is produced, unless agreed otherwise between Member States concerned. In order to monitor such agreements and to avoid any double counting, the Commission shall be notified of any such agreement, including the exact volumes of the supply and demand, the times of the transfer and the date by which the arrangement will become operational. The Commission shall make available information on the concluded agreements, including their timing, volume, price and any additional conditions.

| (aa) | in paragraph 1, the following subparagraph is inserted after the second subparagraph:




  ‘For the purposes of the targets referred to in Articles 15a, 22a, 23(1), 24(4) and 25(1), renewable fuels of non-biological origin shall be accounted for 100 % of their volume in the country where they are consumed.’; |
| --- | --- |

(aa)

(aa)

in paragraph 1, the following subparagraph is inserted after the second subparagraph:

in paragraph 1, the following subparagraph is inserted after the second subparagraph:

‘For the purposes of the targets referred to in Articles 15a, 22a, 23(1), 24(4) and 25(1), renewable fuels of non-biological origin shall be accounted for 100 % of their volume in the country where they are consumed.’;

‘For the purposes of the targets referred to in Articles 15a, 22a, 23(1), 24(4) and 25(1), renewable fuels of non-biological origin shall be accounted for 100 % of their volume in the country where they are consumed.’;

| (b) | in paragraph 2, the first subparagraph is replaced by the following:
  ‘For the purposes of paragraph 1, first subparagraph, point (a), gross final consumption of electricity from renewable sources shall be calculated as the quantity of electricity produced in a Member State from renewable sources, including the production of electricity from renewables self-consumers and renewable energy communities and electricity from renewable fuels of non-biological origin and excluding the production of electricity in pumped storage units from water that has previously been pumped uphill as well as the electricity used to produce renewable fuels of non-biological origin.’; |
| --- | --- |

(b)

in paragraph 2, the first subparagraph is replaced by the following:

‘For the purposes of paragraph 1, first subparagraph, point (a), gross final consumption of electricity from renewable sources shall be calculated as the quantity of electricity produced in a Member State from renewable sources, including the production of electricity from renewables self-consumers and renewable energy communities and electricity from renewable fuels of non-biological origin and excluding the production of electricity in pumped storage units from water that has previously been pumped uphill as well as the electricity used to produce renewable fuels of non-biological origin.’;

| (c) | in paragraph 4, point (a) is replaced by the following:






  ‘(a) | Final consumption of energy from renewable sources in the transport sector shall be calculated as the sum of all biofuels, biogas and renewable fuels of non-biological origin consumed in the transport sector.’; |
| --- | --- | --- |

(c)

in paragraph 4, point (a) is replaced by the following:

‘(a)

Final consumption of energy from renewable sources in the transport sector shall be calculated as the sum of all biofuels, biogas and renewable fuels of non-biological origin consumed in the transport sector.’;

| (4) | Article 9 is amended as follows:






  (a) | the following paragraph 1a is inserted:

  ‘1a.   
  Each
  Member State shall
  enter into cooperation agreements
  to establish
  joint projects
  with one or more other Member States for the production of renewable energy, including
  offshore
  renewable
  hybrid assets, as follows:










  (a) | by 31 December 2025, Member States with an annual electricity consumption of 100 TWh or less
  shall
  establish at least two joint projects; |
| --- | --- | --- | --- |

(4)

Article 9 is amended as follows:

(a)

the following paragraph 1a is inserted:

‘1a.   
  Each
  Member State shall
  enter into cooperation agreements
  to establish
  joint projects
  with one or more other Member States for the production of renewable energy, including
  offshore
  renewable
  hybrid assets, as follows:

(a)

by 31 December 2025, Member States with an annual electricity consumption of 100 TWh or less
  shall
  establish at least two joint projects;

| (b) | by 2030,
  Member States
  with an annual electricity consumption of more than 100 TWh shall establish a third joint project
  .. ▌; |
| --- | --- |

(b)

by 2030,
  Member States
  with an annual electricity consumption of more than 100 TWh shall establish a third joint project
  .. ▌;

Such joint projects shall not correspond to the projects of common interest already adopted under Regulation (EU) 2022/869
   (1a)

  . The identification of joint projects shall be based on the needs identified in the high-level strategic integrated offshore network development plans for each sea-basin and the Ten Years Network Development Plan but may go beyond those needs and may involve local and regional authorities and private operators.

Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/1294 (25) shall
  be taken into account for the purposes of fulfilling the requirements of the first subparagraph
  for the Member States involved
  in those projects.

Member States shall work towards a fair distribution of costs and benefits of joint projects. To that end, all the relevant costs and benefits of the joint project shall be taken into account in the relevant cooperation agreement.

Member States shall notify the Commission of the cooperation agreements referred to in the first subparagraph, including the date on which the project is expected to become operational.

(25)  Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1)."

25

| (b) | the following paragraph is inserted:

  ‘7a.   Member States bordering a sea basin shall cooperate
  in order to establish
  jointly
  , after consulting stakeholders,
  the amount of offshore renewable energy they plan to produce in that sea basin by 2050, with intermediate steps
  and trajectories per sea basin
  in 2030 and 2040
  in accordance with Regulation (EU) 2022/869
  .
  Each Member State shall indicate the volumes it plans to achieve through governmental tenders, with a focus on technical and economic feasibility for the grid infrastructure.




  In their cooperation agreements, the Member States shall collectively ensure that those plans are in line with the fulfilment of the objectives laid down in Commission communication of 19 November 2020 entitled “An EU Strategy to harness the potential of offshore renewable energy for a climate neutral future”, while respecting Union environmental law and the protection of biodiversity,
  the specificities and development in each region,
  especially the activities that already take place in the affected areas, the possible harm to the environment,
  the offshore renewable potential of the sea basin and the importance of ensuring associated integrated grid planning. Member States shall notify that amount
  and the planned grid
  in their updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999.
  The Commission may take complementary measures to support Member States in their efforts to align with the trajectories per sea basin.




  Following the communication of the updated integrated national energy and climate plans, the Commission shall assess any possible gap between the potential amount of offshore renewable energy resources of the Member States and the amount of offshore renewable energy planned for 2030, 2040 and 2050. Where appropriate, the Commission shall take additional measures to reduce that gap.




  Member States bordering a sea basin shall jointly define the adequate space for offshore renewable energy projects and allocate that space in their maritime spatial plans while ensuring a strong public participation approach so that the views of all stakeholders and affected coastal communities, as well as the impacts on the activities already taking place in the affected areas, are taken into account.




  In order to facilitate permit granting for joint offshore renewable energy projects, Member States shall reduce the complexity and increase the efficiency and transparency of the permit granting process and enhance cooperation among themselves, including, where appropriate, by establishing a single point of contact (“one-stop shop”) per priority offshore grid corridor.




  In order to enhance broad public acceptance, Member States shall ensure the possibility of including renewable energy communities in joint cooperation projects on offshore renewable energy.
  ’; |
| --- | --- |

(b)

the following paragraph is inserted:

‘7a.   Member States bordering a sea basin shall cooperate
  in order to establish
  jointly
  , after consulting stakeholders,
  the amount of offshore renewable energy they plan to produce in that sea basin by 2050, with intermediate steps
  and trajectories per sea basin
  in 2030 and 2040
  in accordance with Regulation (EU) 2022/869
  .
  Each Member State shall indicate the volumes it plans to achieve through governmental tenders, with a focus on technical and economic feasibility for the grid infrastructure.

In their cooperation agreements, the Member States shall collectively ensure that those plans are in line with the fulfilment of the objectives laid down in Commission communication of 19 November 2020 entitled “An EU Strategy to harness the potential of offshore renewable energy for a climate neutral future”, while respecting Union environmental law and the protection of biodiversity,
  the specificities and development in each region,
  especially the activities that already take place in the affected areas, the possible harm to the environment,
  the offshore renewable potential of the sea basin and the importance of ensuring associated integrated grid planning. Member States shall notify that amount
  and the planned grid
  in their updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999.
  The Commission may take complementary measures to support Member States in their efforts to align with the trajectories per sea basin.

Following the communication of the updated integrated national energy and climate plans, the Commission shall assess any possible gap between the potential amount of offshore renewable energy resources of the Member States and the amount of offshore renewable energy planned for 2030, 2040 and 2050. Where appropriate, the Commission shall take additional measures to reduce that gap.

Member States bordering a sea basin shall jointly define the adequate space for offshore renewable energy projects and allocate that space in their maritime spatial plans while ensuring a strong public participation approach so that the views of all stakeholders and affected coastal communities, as well as the impacts on the activities already taking place in the affected areas, are taken into account.

In order to facilitate permit granting for joint offshore renewable energy projects, Member States shall reduce the complexity and increase the efficiency and transparency of the permit granting process and enhance cooperation among themselves, including, where appropriate, by establishing a single point of contact (“one-stop shop”) per priority offshore grid corridor.

In order to enhance broad public acceptance, Member States shall ensure the possibility of including renewable energy communities in joint cooperation projects on offshore renewable energy.
  ’;

| (5) | Article 15 is amended as follows:








  (-a) | paragraph 1 is amended as follows:










  (a) | the first subparagraph is replaced by the following:




  ‘Member States shall ensure that any national rules concerning the authorisation, certification and licensing procedures that are applied to plants, including renewable hybrid power plants and associated transmission and distribution networks for the production of electricity, heating or cooling from renewable sources, to the process of transformation of biomass into biofuels, bioliquids, biomass fuels or other energy products, and to renewable fuels of non-biological origin are proportionate and necessary and contribute to the implementation of the energy efficiency first principle.’; |
| --- | --- | --- | --- |

(5)

Article 15 is amended as follows:

(-a)

(-a)

paragraph 1 is amended as follows:

paragraph 1 is amended as follows:

(a)

(a)

the first subparagraph is replaced by the following:

the first subparagraph is replaced by the following:

‘Member States shall ensure that any national rules concerning the authorisation, certification and licensing procedures that are applied to plants, including renewable hybrid power plants and associated transmission and distribution networks for the production of electricity, heating or cooling from renewable sources, to the process of transformation of biomass into biofuels, bioliquids, biomass fuels or other energy products, and to renewable fuels of non-biological origin are proportionate and necessary and contribute to the implementation of the energy efficiency first principle.’;

‘Member States shall ensure that any national rules concerning the authorisation, certification and licensing procedures that are applied to plants, including renewable hybrid power plants and associated transmission and distribution networks for the production of electricity, heating or cooling from renewable sources, to the process of transformation of biomass into biofuels, bioliquids, biomass fuels or other energy products, and to renewable fuels of non-biological origin are proportionate and necessary and contribute to the implementation of the energy efficiency first principle.’;

| (-aa) | the second subparagraph is amended as follows:










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










  ‘(a) | all administrative procedures are streamlined, including regional and municipal processes, and expedited at the appropriate administrative level and predictable timeframes are established for the procedures referred to in the first subparagraph;’; |
| --- | --- | --- | --- |

(-aa)

(-aa)

the second subparagraph is amended as follows:

the second subparagraph is amended as follows:

(i)

(i)

point (a) is replaced by the following:

point (a) is replaced by the following:

‘(a)

‘(a)

all administrative procedures are streamlined, including regional and municipal processes, and expedited at the appropriate administrative level and predictable timeframes are established for the procedures referred to in the first subparagraph;’;

all administrative procedures are streamlined, including regional and municipal processes, and expedited at the appropriate administrative level and predictable timeframes are established for the procedures referred to in the first subparagraph;’;

| (ii) | points (c) and (d) are replaced by the following:










  ‘(c) | all administrative charges paid by consumers, planners, architects, builders and equipment and system installers and suppliers are transparent and cost-related; and |
| --- | --- | --- |

(ii)

(ii)

points (c) and (d) are replaced by the following:

points (c) and (d) are replaced by the following:

‘(c)

‘(c)

all administrative charges paid by consumers, planners, architects, builders and equipment and system installers and suppliers are transparent and cost-related; and

all administrative charges paid by consumers, planners, architects, builders and equipment and system installers and suppliers are transparent and cost-related; and

| (d) | simplified and less burdensome authorisation procedures, including a simple-notification procedure and single contact points are established for decentralised devices, and for producing and storing energy from renewable sources.’; |
| --- | --- |

(d)

(d)

simplified and less burdensome authorisation procedures, including a simple-notification procedure and single contact points are established for decentralised devices, and for producing and storing energy from renewable sources.’;

simplified and less burdensome authorisation procedures, including a simple-notification procedure and single contact points are established for decentralised devices, and for producing and storing energy from renewable sources.’;

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

  ‘2.   Member States shall clearly define any technical specifications which are to be met by renewable energy equipment and systems in order to benefit from support schemes
  and to be eligible under public procurement.
  Where
  regulatory or
  harmonised standards or European standards exist, including technical reference systems established by the European standardisation organisations, such technical specifications shall be expressed in terms of those standards. Precedence shall be given to
  regulatory and
  harmonised standards, the references of which have been published in the Official Journal of the European Union in support of European legislation
  , including for instance Regulation (EU) 2017/1369 or Directive 2009/125/EC
  . In their absence, other harmonised standards and European standards shall be used, in that order. Such technical specifications shall not prescribe where the equipment and systems are to be certified and shall not impede the proper functioning of the internal market’; |
| --- | --- |

(a)

paragraph 2 is replaced
  by the following
  :

by the following

‘2.   Member States shall clearly define any technical specifications which are to be met by renewable energy equipment and systems in order to benefit from support schemes
  and to be eligible under public procurement.
  Where
  regulatory or
  harmonised standards or European standards exist, including technical reference systems established by the European standardisation organisations, such technical specifications shall be expressed in terms of those standards. Precedence shall be given to
  regulatory and
  harmonised standards, the references of which have been published in the Official Journal of the European Union in support of European legislation
  , including for instance Regulation (EU) 2017/1369 or Directive 2009/125/EC
  . In their absence, other harmonised standards and European standards shall be used, in that order. Such technical specifications shall not prescribe where the equipment and systems are to be certified and shall not impede the proper functioning of the internal market’;

| (aa) | paragraph 3 is replaced by the following:





  ‘3.
     
  Member States shall ensure that their competent authorities at national, regional and local level include provisions for the integration and deployment of renewable energy, including for renewables self-consumption and renewable energy communities, and the use of unavoidable waste heat and cold when planning, including early spatial planning, designing, building and renovating urban infrastructure, industrial, commercial or residential areas and energy and transport infrastructure, including electricity, district heating and cooling, natural gas and alternative fuel networks. Member States shall, in particular, encourage local and regional administrative bodies to include heating and cooling from renewable sources in the planning of city infrastructure where appropriate, and to consult the network operators to reflect the impact of energy efficiency and demand response programs as well as specific provisions on renewables self- consumption and renewable energy communities, on the infrastructure development plans of the operators.’; |
| --- | --- |

(aa)

(aa)

paragraph 3 is replaced by the following:

paragraph 3 is replaced by the following:

‘3.
     
  Member States shall ensure that their competent authorities at national, regional and local level include provisions for the integration and deployment of renewable energy, including for renewables self-consumption and renewable energy communities, and the use of unavoidable waste heat and cold when planning, including early spatial planning, designing, building and renovating urban infrastructure, industrial, commercial or residential areas and energy and transport infrastructure, including electricity, district heating and cooling, natural gas and alternative fuel networks. Member States shall, in particular, encourage local and regional administrative bodies to include heating and cooling from renewable sources in the planning of city infrastructure where appropriate, and to consult the network operators to reflect the impact of energy efficiency and demand response programs as well as specific provisions on renewables self- consumption and renewable energy communities, on the infrastructure development plans of the operators.’;

| (b) | paragraphs 4, 5, 6 and 7 are deleted: |
| --- | --- |

(b)

paragraphs 4, 5, 6 and 7 are deleted:

| (c) | paragraph 8 is replaced by the following:

  ‘8.   Member States shall assess the regulatory and administrative barriers to long-term renewables
  energy
  purchase agreements,
  including renewables power purchase agreements, renewables heating and cooling purchase agreements and renewables hydrogen purchase agreements, co-located energy storage projects as well as cross-border ones.
  ▌


  They
  shall remove ▌
  barriers at national and cross border level to their development, such as
  barriers to
  permitting
  ,
  for example for energy intensive industries and SMEs, as well as other smaller actors and municipalities,
  and promote the uptake of, such agreements, including by exploring how to reduce the financial risks associated with them, in particular by using credit guarantees. Member States shall ensure that those agreements are not subject to disproportionate or discriminatory procedures or
  any
  charges
  or fees
  , and that any associated guarantees of origin can be transferred to the buyer of ▌energy under
  a renewables energy
  purchase agreement.
  Member States shall describe their policies and measures promoting the uptake of renewables
  energy
  purchase agreements in their integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999 and progress reports submitted pursuant to Article 17 of that Regulation. They shall also provide, in those reports, an indication of the volume of renewable power generation supported by
  the different types of
  renewables
  energy
  purchase agreements.


  Member States shall ensure that applicants are allowed to submit all relevant documents in digital form. If an applicant makes use of the digital application option, the entire permitting process including the administrative internal processes needs to be carried out digitally. Member States shall further ensure the digitalisation of the public hearings and the participation procedures.
  ’; |
| --- | --- |

(c)

paragraph 8 is replaced by the following:

‘8.   Member States shall assess the regulatory and administrative barriers to long-term renewables
  energy
  purchase agreements,
  including renewables power purchase agreements, renewables heating and cooling purchase agreements and renewables hydrogen purchase agreements, co-located energy storage projects as well as cross-border ones.
  ▌

They
  shall remove ▌
  barriers at national and cross border level to their development, such as
  barriers to
  permitting
  ,
  for example for energy intensive industries and SMEs, as well as other smaller actors and municipalities,
  and promote the uptake of, such agreements, including by exploring how to reduce the financial risks associated with them, in particular by using credit guarantees. Member States shall ensure that those agreements are not subject to disproportionate or discriminatory procedures or
  any
  charges
  or fees
  , and that any associated guarantees of origin can be transferred to the buyer of ▌energy under
  a renewables energy
  purchase agreement.

Member States shall describe their policies and measures promoting the uptake of renewables
  energy
  purchase agreements in their integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999 and progress reports submitted pursuant to Article 17 of that Regulation. They shall also provide, in those reports, an indication of the volume of renewable power generation supported by
  the different types of
  renewables
  energy
  purchase agreements.

Member States shall ensure that applicants are allowed to submit all relevant documents in digital form. If an applicant makes use of the digital application option, the entire permitting process including the administrative internal processes needs to be carried out digitally. Member States shall further ensure the digitalisation of the public hearings and the participation procedures.
  ’;

| (d) | the following paragraph 9 is added:

  ‘9.   By ... [one year after the entry into force of this amending Directive], the Commission shall
  revise guidelines to Member States on permitting practices to accelerate and simplify the process for new and repowered projects. Those guidelines shall include recommendations on how to implement and apply
  the rules on administrative procedures set out in
  Articles 15 and 17 together with
  their application
  to renewable heating
  ,
  cooling and power and renewable cogeneration and a set of key performance indicators (KPIs) to enable a transparent assessment and monitoring of both progress and effectiveness.




  To that end, the Commission shall carry out appropriate consultations, including with relevant stakeholders. Such guidance shall also include information on digital and human resources of permitting authorities, effective single contact points, spatial planning, military and civil aviation constraints, court proceedings and civil resolution and mediation cases as well as adjustment and retrofitting of laws on mining, geological works as well as ensuring adequate technical capacity to perform those tasks.




  Member States shall present an assessment of their permitting process and the measures for improvement to be taken in line with the guidelines in the updated integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/199 in accordance with the procedure and timeline laid down in that Article.




  The Commission shall assess the corrective measures in the plans and scoring of each Member state in the key performance indicators. The assessment shall be made publicly available.




  In the case of a lack of progress, the Commission
  may take additional measures to support Member States in their implementation
  assisting them in reforming and streamlining their permitting procedures
  .’; |
| --- | --- |

(d)

the following paragraph 9 is added:

‘9.   By ... [one year after the entry into force of this amending Directive], the Commission shall
  revise guidelines to Member States on permitting practices to accelerate and simplify the process for new and repowered projects. Those guidelines shall include recommendations on how to implement and apply
  the rules on administrative procedures set out in
  Articles 15 and 17 together with
  their application
  to renewable heating
  ,
  cooling and power and renewable cogeneration and a set of key performance indicators (KPIs) to enable a transparent assessment and monitoring of both progress and effectiveness.

To that end, the Commission shall carry out appropriate consultations, including with relevant stakeholders. Such guidance shall also include information on digital and human resources of permitting authorities, effective single contact points, spatial planning, military and civil aviation constraints, court proceedings and civil resolution and mediation cases as well as adjustment and retrofitting of laws on mining, geological works as well as ensuring adequate technical capacity to perform those tasks.

Member States shall present an assessment of their permitting process and the measures for improvement to be taken in line with the guidelines in the updated integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/199 in accordance with the procedure and timeline laid down in that Article.

The Commission shall assess the corrective measures in the plans and scoring of each Member state in the key performance indicators. The assessment shall be made publicly available.

In the case of a lack of progress, the Commission
  may take additional measures to support Member States in their implementation
  assisting them in reforming and streamlining their permitting procedures
  .’;

| (6) | the following Article is inserted:

  ‘Article 15a

  Mainstreaming renewable energy in buildings


  1.   In order to promote the production and use of renewable energy
  and waste heat and cold
  in the building sector, Member States shall set an indicative target for the share of renewables
  produced on site or nearby including from the grid
  in final energy consumption in their buildings sector in 2030 that is consistent with an indicative target of at least a 49 % share of energy from renewable sources
  and unavoidable waste heat and cold
  in the buildings sector in the Union’s final consumption of energy in 2030.
  Member States that do not explicitly price carbon in the building sector through a tax or emissions trading scheme or Member States that temporarily opt out of the new European emissions trading scheme for buildings and transport shall set a higher indicative share of renewable energy sources.
  The national
  indicative
  target shall be expressed in terms of share of national final energy consumption and calculated in accordance with the methodology set out in Article 7
  , which may include in the calculation of the share of final consumption the electricity from renewable sources comprising self-consumption, energy communities, the share of renewable energy in the electricity mix and the unavoidable waste heat and cold
  . Member States shall include their target in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999 as well as information on how they plan to achieve it.


  Member States may count waste heat and cold towards the target referred to in the first subparagraph, up to a limit of 20 %. If they decide to do so, the target shall increase by half of the waste heat and cold percentage used to an upper limit of 54 %.




  2.   Member States shall introduce measures in their building regulations and codes and, where applicable, in their support schemes, to increase the share of electricity and heating and cooling from renewable sources
  both produced on site or nearby including from the grid
  in the building stock, including national measures relating to substantial increases in renewables self-consumption, renewable energy communities
  , local renewable energy sharing
  and local energy storage,
  smart and bidirectional charging, other flexibility services such as demand response, and
  in combination with energy efficiency improvements relating to
  high-efficiency
  cogeneration and passive, nearly zero-energy and zero-energy buildings,
  taking into account innovative technologies
  .
  To achieve the indicative share of
  renewable energy sources
  set out in paragraph 1, Member States shall, in their building regulations and codes and, where applicable, in their support schemes or by other means with equivalent effect, require the use of minimum levels of energy from renewable sources
  both produced on-site or nearby, including from the grid,
  in
  new
  buildings
  and in those subject to major renovation
  , in line with the provisions of Directive 2010/31/EU
  and where that is economically, technically and functionally feasible
  . Member States shall allow those minimum levels to be fulfilled, among others, through efficient district heating and cooling.
  For existing buildings, the first subparagraph shall apply to the armed forces only to the extent that its application does not cause any conflict with the nature and primary aim of the activities of the armed forces and with the exception of material used exclusively for military purposes.


  3.   Member States shall ensure that public buildings at national, regional and local level, fulfil an exemplary role as regards the share of renewable energy used, in accordance with the provisions of Article 9 of Directive 2010/31/EU and Article 5 of Directive 2012/27/EU. Member States may, among others, allow that obligation to be fulfilled by providing for the roofs
  or other compatible surfaces and sub-surfaces
  of public or mixed private-public buildings to be used by third parties for installations that produce energy from renewable sources.


  Member States shall promote cooperation between local authorities and renewable energy communities in the building sector, particularly through the use of public procurement. Such support shall be indicated in Member States' National Building Renovation Plans under Article 3 of Directive ... [EPBD].




  4.   In order to achieve the indicative share of renewable energy set out in paragraph 1, Member States shall promote the use of renewable heating and cooling systems and equipment
  including innovative technologies for the given local context, such as smart and renewable-based electrified heating and cooling systems and equipment, complemented, where applicable, with smart management of all decentralised energy resources in buildings, through Building Energy Management Systems capable of interacting with the energy grid
  . To that end, Member States shall use all appropriate measures, tools and incentives, including, among others, energy labels developed under Regulation (EU) 2017/1369 of the European Parliament and of the Council (26), energy performance certificates pursuant to Directive 2010/31/EU, or other appropriate certificates or standards developed at national or Union level, and shall ensure the provision of adequate information and advice,
  including through one-stop shops,
  on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating
  and cooling
  systems and an increased switch to solutions based on renewable energy.’;



  (26)  Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1)." |
| --- | --- |

(6)

the following Article is inserted:

‘Article 15a

Mainstreaming renewable energy in buildings

1.   In order to promote the production and use of renewable energy
  and waste heat and cold
  in the building sector, Member States shall set an indicative target for the share of renewables
  produced on site or nearby including from the grid
  in final energy consumption in their buildings sector in 2030 that is consistent with an indicative target of at least a 49 % share of energy from renewable sources
  and unavoidable waste heat and cold
  in the buildings sector in the Union’s final consumption of energy in 2030.
  Member States that do not explicitly price carbon in the building sector through a tax or emissions trading scheme or Member States that temporarily opt out of the new European emissions trading scheme for buildings and transport shall set a higher indicative share of renewable energy sources.
  The national
  indicative
  target shall be expressed in terms of share of national final energy consumption and calculated in accordance with the methodology set out in Article 7
  , which may include in the calculation of the share of final consumption the electricity from renewable sources comprising self-consumption, energy communities, the share of renewable energy in the electricity mix and the unavoidable waste heat and cold
  . Member States shall include their target in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999 as well as information on how they plan to achieve it.

Member States may count waste heat and cold towards the target referred to in the first subparagraph, up to a limit of 20 %. If they decide to do so, the target shall increase by half of the waste heat and cold percentage used to an upper limit of 54 %.

2.   Member States shall introduce measures in their building regulations and codes and, where applicable, in their support schemes, to increase the share of electricity and heating and cooling from renewable sources
  both produced on site or nearby including from the grid
  in the building stock, including national measures relating to substantial increases in renewables self-consumption, renewable energy communities
  , local renewable energy sharing
  and local energy storage,
  smart and bidirectional charging, other flexibility services such as demand response, and
  in combination with energy efficiency improvements relating to
  high-efficiency
  cogeneration and passive, nearly zero-energy and zero-energy buildings,
  taking into account innovative technologies
  .

To achieve the indicative share of
  renewable energy sources
  set out in paragraph 1, Member States shall, in their building regulations and codes and, where applicable, in their support schemes or by other means with equivalent effect, require the use of minimum levels of energy from renewable sources
  both produced on-site or nearby, including from the grid,
  in
  new
  buildings
  and in those subject to major renovation
  , in line with the provisions of Directive 2010/31/EU
  and where that is economically, technically and functionally feasible
  . Member States shall allow those minimum levels to be fulfilled, among others, through efficient district heating and cooling.

For existing buildings, the first subparagraph shall apply to the armed forces only to the extent that its application does not cause any conflict with the nature and primary aim of the activities of the armed forces and with the exception of material used exclusively for military purposes.

3.   Member States shall ensure that public buildings at national, regional and local level, fulfil an exemplary role as regards the share of renewable energy used, in accordance with the provisions of Article 9 of Directive 2010/31/EU and Article 5 of Directive 2012/27/EU. Member States may, among others, allow that obligation to be fulfilled by providing for the roofs
  or other compatible surfaces and sub-surfaces
  of public or mixed private-public buildings to be used by third parties for installations that produce energy from renewable sources.

Member States shall promote cooperation between local authorities and renewable energy communities in the building sector, particularly through the use of public procurement. Such support shall be indicated in Member States' National Building Renovation Plans under Article 3 of Directive ... [EPBD].

4.   In order to achieve the indicative share of renewable energy set out in paragraph 1, Member States shall promote the use of renewable heating and cooling systems and equipment
  including innovative technologies for the given local context, such as smart and renewable-based electrified heating and cooling systems and equipment, complemented, where applicable, with smart management of all decentralised energy resources in buildings, through Building Energy Management Systems capable of interacting with the energy grid
  . To that end, Member States shall use all appropriate measures, tools and incentives, including, among others, energy labels developed under Regulation (EU) 2017/1369 of the European Parliament and of the Council (26), energy performance certificates pursuant to Directive 2010/31/EU, or other appropriate certificates or standards developed at national or Union level, and shall ensure the provision of adequate information and advice,
  including through one-stop shops,
  on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating
  and cooling
  systems and an increased switch to solutions based on renewable energy.’;

(26)  Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1)."

26

| (7) | ▌ Article 18
  is amended as follows:










  (a) | paragraphs 3 and 4 are replaced by the following:

  ‘3.   Member States shall ensure that certification
  schemes or equivalent national qualification
  schemes are available for installers and designers of all forms of renewable heating and cooling systems in buildings, industry and agriculture, and for installers of
  other renewable energy technologies, storage and demand-response technologies, including charging stations
  . Those schemes may take into account existing schemes and structures as appropriate and shall be based on the criteria laid down in Annex IV. Each Member State shall
  verify the recognition of
  the certification awarded by other Member States in accordance with those criteria.


  By 31 December 2023 and every three years thereafter,
  Member States shall
  assess the gap between available and needed trained and qualified installations professionals, and, where appropriate, provide recommendations to remove any gaps. Those assessments and any recommendations shall be made publicly available.


  Member States shall
  establish conditions, including through upskilling and reskilling strategies, to
  ensure that
  a sufficient number of
  trained and qualified installers
  referred to in paragraph 3 is
  available ▌to service the growth of renewable heating and cooling required to contribute to the annual increase in the share of renewable energy in the heating and cooling sector as set out in Article 23
  and to the targets for renewable energy in buildings set out in Article 15a, in the industry sector set out in Article 22a and in the transport sector set out in Article 25, and to contribute to reaching the overall target set out in Article 3
  .
  To achieve
  a
  sufficient
  number
  of installers and designers, Member States shall
  , provided that they are compatible with national qualification and certification schemes,
  ensure that sufficient training programmes leading to qualification or certification covering renewable heating and cooling technologies, and their latest innovative solutions, are made available. Member States shall put in place measures to promote participation in such programmes, in particular by small and medium-sized enterprises and the self-employed
  , as well as ensuring gender balance and targeting in particular underrepresented minorities. If compatible with already existing training and qualification schemes,
  Member States may put in place voluntary agreements with the relevant technology providers and vendors to train sufficient numbers of installers, which may be based on estimates of sales, in the latest innovative solutions and technologies available on the market.


  Member States shall describe their policies and measures promoting effective, high quality and inclusive training, re-skilling and upskilling of workers in the field of renewable energies in their integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999 and progress reports submitted pursuant to Article 17 of that Regulation.




  4.   Member States shall make information on the certification schemes
  or equivalent national qualification schemes
  referred to in paragraph 3 available to the public. Member States shall
  also make available to the public, in a transparent and easily accessible manner, a regularly updated
  list of installers who are qualified or certified in accordance with paragraph 3 ▌.’; |
| --- | --- | --- |

(7)

▌ Article 18
  is amended as follows:

is amended as follows:

(a)

(a)

paragraphs 3 and 4 are replaced by the following:

‘3.   Member States shall ensure that certification
  schemes or equivalent national qualification
  schemes are available for installers and designers of all forms of renewable heating and cooling systems in buildings, industry and agriculture, and for installers of
  other renewable energy technologies, storage and demand-response technologies, including charging stations
  . Those schemes may take into account existing schemes and structures as appropriate and shall be based on the criteria laid down in Annex IV. Each Member State shall
  verify the recognition of
  the certification awarded by other Member States in accordance with those criteria.

By 31 December 2023 and every three years thereafter,
  Member States shall
  assess the gap between available and needed trained and qualified installations professionals, and, where appropriate, provide recommendations to remove any gaps. Those assessments and any recommendations shall be made publicly available.

Member States shall
  establish conditions, including through upskilling and reskilling strategies, to
  ensure that
  a sufficient number of
  trained and qualified installers
  referred to in paragraph 3 is
  available ▌to service the growth of renewable heating and cooling required to contribute to the annual increase in the share of renewable energy in the heating and cooling sector as set out in Article 23
  and to the targets for renewable energy in buildings set out in Article 15a, in the industry sector set out in Article 22a and in the transport sector set out in Article 25, and to contribute to reaching the overall target set out in Article 3
  .

To achieve
  a
  sufficient
  number
  of installers and designers, Member States shall
  , provided that they are compatible with national qualification and certification schemes,
  ensure that sufficient training programmes leading to qualification or certification covering renewable heating and cooling technologies, and their latest innovative solutions, are made available. Member States shall put in place measures to promote participation in such programmes, in particular by small and medium-sized enterprises and the self-employed
  , as well as ensuring gender balance and targeting in particular underrepresented minorities. If compatible with already existing training and qualification schemes,
  Member States may put in place voluntary agreements with the relevant technology providers and vendors to train sufficient numbers of installers, which may be based on estimates of sales, in the latest innovative solutions and technologies available on the market.

Member States shall describe their policies and measures promoting effective, high quality and inclusive training, re-skilling and upskilling of workers in the field of renewable energies in their integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999 and progress reports submitted pursuant to Article 17 of that Regulation.

4.   Member States shall make information on the certification schemes
  or equivalent national qualification schemes
  referred to in paragraph 3 available to the public. Member States shall
  also make available to the public, in a transparent and easily accessible manner, a regularly updated
  list of installers who are qualified or certified in accordance with paragraph 3 ▌.’;

| (b) | the following paragraph is added:





  ‘6a.
     
  Any measures taken under this Article shall be without prejudice to measures taken under Directives (EU) .../... [Energy Efficiency Directive] and (EU) .../... [EPBD].’; |
| --- | --- |

(b)

(b)

the following paragraph is added:

the following paragraph is added:

‘6a.
     
  Any measures taken under this Article shall be without prejudice to measures taken under Directives (EU) .../... [Energy Efficiency Directive] and (EU) .../... [EPBD].’;

| (8) | Article 19 is amended as follows:








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





  ‘1.
     
  For the purposes of demonstrating to final customers the origin of energy from renewable sources in an energy supplier's energy mix and in the energy supplied to consumers under contracts marketed with reference to the consumption of energy from renewable sources, Member States shall ensure that the origin of energy from renewable sources can be guaranteed as such within the meaning of this Directive, in accordance with objective, transparent and non-discriminatory criteria.’; |
| --- | --- | --- |

(8)

Article 19 is amended as follows:

(-a)

(-a)

paragraph 1 is replaced by the following:

paragraph 1 is replaced by the following:

‘1.
     
  For the purposes of demonstrating to final customers the origin of energy from renewable sources in an energy supplier's energy mix and in the energy supplied to consumers under contracts marketed with reference to the consumption of energy from renewable sources, Member States shall ensure that the origin of energy from renewable sources can be guaranteed as such within the meaning of this Directive, in accordance with objective, transparent and non-discriminatory criteria.’;

| (a) | paragraph 2 is amended as follows:






  (i) | the first subparagraph is replaced by the following:
  ‘To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources. Member States
  shall provide for a uniform system of
  guarantees of origin to be issued for
  renewable hydrogen
  .


  Member States may decide, for the purposes of accounting for the market value of the guarantee of origin, not to issue such a guarantee of origin to a producer that receives financial support from a support scheme.




  The Commission shall introduce supplemental information for guarantees of origin, while avoiding double counting.


  Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be ▌
  1 MWh with the possibility to issue fractions of it. They shall be duly standardized through the European
  standard
  CEN-EN16325 and issued upon a request from a producer of energy, provided that this does not lead to double counting. Simplified registration processes and reduced registration fees shall be introduced for small installations of less than 50 kW and for energy communities. Guarantees of origin may be issued for several small installations pooled together
  .
  No more than one guarantee of origin shall be issued in respect of each unit of energy produced
  and the same unit of energy is taken into account only once
  .’; |
| --- | --- | --- |

(a)

paragraph 2 is amended as follows:

(i)

the first subparagraph is replaced by the following:

‘To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources. Member States
  shall provide for a uniform system of
  guarantees of origin to be issued for
  renewable hydrogen
  .

shall provide for a uniform system of

renewable hydrogen

Member States may decide, for the purposes of accounting for the market value of the guarantee of origin, not to issue such a guarantee of origin to a producer that receives financial support from a support scheme.

Member States may decide, for the purposes of accounting for the market value of the guarantee of origin, not to issue such a guarantee of origin to a producer that receives financial support from a support scheme.

The Commission shall introduce supplemental information for guarantees of origin, while avoiding double counting.

The Commission shall introduce supplemental information for guarantees of origin, while avoiding double counting.

Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be ▌
  1 MWh with the possibility to issue fractions of it. They shall be duly standardized through the European
  standard
  CEN-EN16325 and issued upon a request from a producer of energy, provided that this does not lead to double counting. Simplified registration processes and reduced registration fees shall be introduced for small installations of less than 50 kW and for energy communities. Guarantees of origin may be issued for several small installations pooled together
  .

1 MWh with the possibility to issue fractions of it. They shall be duly standardized through the European

CEN-EN16325 and issued upon a request from a producer of energy, provided that this does not lead to double counting. Simplified registration processes and reduced registration fees shall be introduced for small installations of less than 50 kW and for energy communities. Guarantees of origin may be issued for several small installations pooled together

No more than one guarantee of origin shall be issued in respect of each unit of energy produced
  and the same unit of energy is taken into account only once
  .’;

and the same unit of energy is taken into account only once

| (i
  a
  ) | the
  second subparagraph
  is deleted; |
| --- | --- |

(i
  a
  )

a

the
  second subparagraph
  is deleted;

second subparagraph

| (ib) | in the fourth subparagraph, point (c) is replaced by the following:










  ‘(c) | where the guarantees of origin are not issued directly to the producer but to a supplier or consumer who buys the energy either in a competitive setting or in a long-term renewables power purchase agreement.’; |
| --- | --- | --- |

(ib)

(ib)

in the fourth subparagraph, point (c) is replaced by the following:

in the fourth subparagraph, point (c) is replaced by the following:

‘(c)

‘(c)

where the guarantees of origin are not issued directly to the producer but to a supplier or consumer who buys the energy either in a competitive setting or in a long-term renewables power purchase agreement.’;

where the guarantees of origin are not issued directly to the producer but to a supplier or consumer who buys the energy either in a competitive setting or in a long-term renewables power purchase agreement.’;

| (ii) | the fifth subparagraph is deleted; |
| --- | --- |

(ii)

the fifth subparagraph is deleted;

| (aa) | paragraph 3 is replaced by the following:





  ‘3.
     
  For the purposes of paragraph 1, guarantees of origin shall be valid for transactions for 12 months after the production of the relevant energy unit. Member States shall ensure that all guarantees of origin that have not been cancelled expire at the latest 18 months after the production of the energy unit. Member States shall include expired guarantees of origin in the calculation of their residual energy mix.’; |
| --- | --- |

(aa)

(aa)

paragraph 3 is replaced by the following:

paragraph 3 is replaced by the following:

‘3.
     
  For the purposes of paragraph 1, guarantees of origin shall be valid for transactions for 12 months after the production of the relevant energy unit. Member States shall ensure that all guarantees of origin that have not been cancelled expire at the latest 18 months after the production of the energy unit. Member States shall include expired guarantees of origin in the calculation of their residual energy mix.’;

| (ab) | paragraph 4 is replaced by the following:





  ‘4.
     
  For the purposes of disclosure referred to in paragraphs 8 and 13, Member States shall ensure that energy companies cancel guarantees of origin at the latest six months after the end of the validity of the guarantee of origin. Furthermore, by ... [one year after the entry into force of this amending Directive], Member States shall ensure that the data on their residual mix is published on an annual basis.’; |
| --- | --- |

(ab)

(ab)

paragraph 4 is replaced by the following:

paragraph 4 is replaced by the following:

‘4.
     
  For the purposes of disclosure referred to in paragraphs 8 and 13, Member States shall ensure that energy companies cancel guarantees of origin at the latest six months after the end of the validity of the guarantee of origin. Furthermore, by ... [one year after the entry into force of this amending Directive], Member States shall ensure that the data on their residual mix is published on an annual basis.’;

| (ac) | the first subparagraph of paragraph 7 is amended as follows:










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










  ‘(a) | the energy source from which the energy was produced and the start and end dates as close to real time as possible, with the objective to arrive at intervals of no more than one hour of production;’; |
| --- | --- | --- | --- |

(ac)

(ac)

the first subparagraph of paragraph 7 is amended as follows:

the first subparagraph of paragraph 7 is amended as follows:

(i)

(i)

point (a) is replaced by the following:

point (a) is replaced by the following:

‘(a)

‘(a)

the energy source from which the energy was produced and the start and end dates as close to real time as possible, with the objective to arrive at intervals of no more than one hour of production;’;

the energy source from which the energy was produced and the start and end dates as close to real time as possible, with the objective to arrive at intervals of no more than one hour of production;’;

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










  ‘(c) | the identity, location, bidding zone for electricity, type and capacity of the installation where the energy was produced;’; |
| --- | --- | --- |

(ii)

(ii)

point (c) is replaced by the following:

point (c) is replaced by the following:

‘(c)

‘(c)

the identity, location, bidding zone for electricity, type and capacity of the installation where the energy was produced;’;

the identity, location, bidding zone for electricity, type and capacity of the installation where the energy was produced;’;

| (iii) | the following points are added:










  ‘(g) | greenhouse gas emissions over the life cycle of the guaranteed energy in accordance with the standard ISO 14067:2018; |
| --- | --- | --- |

(iii)

(iii)

the following points are added:

the following points are added:

‘(g)

‘(g)

greenhouse gas emissions over the life cycle of the guaranteed energy in accordance with the standard ISO 14067:2018;

greenhouse gas emissions over the life cycle of the guaranteed energy in accordance with the standard ISO 14067:2018;

| (h) | refined time granularity; |
| --- | --- |

(h)

(h)

refined time granularity;

refined time granularity;

| (i) | locational matching.’; |
| --- | --- |

(i)

(i)

locational matching.’;

locational matching.’;

| (b) | ▌paragraph 8 ▌ is replaced by the following:
  ‘Where an electricity supplier is required to demonstrate the
  origin
  of energy from renewable sources in its energy mix for the purposes of Article 3(9), point (a) of Directive 2009/72/EC, it shall do so by using guarantees of origin except as regards the share of its energy mix corresponding to non-tracked commercial offers, if any, for which the supplier may use the residual mix.


  Where a gas supplier is required to demonstrate the origin of energy from renewable sources in its energy mix for the purposes of Annex I, section 5 of Directive (EU) .../... [on common rules for the internal markets in renewable and natural gases and in hydrogen as proposed by COM(2021)0803], it shall do so by using guarantees of origin except as regards the share of its energy mix corresponding to non- tracked commercial offers, if any, for which the supplier may use the residual mix.




  Where Member States have arranged to have guarantees of origin for other types of energy, suppliers shall use for disclosure the same type of guarantees of origin as the energy supplied. Furthermore, when the customer consumes gas from a hydrogen or natural gas network, Member States may ensure that the guarantees of origin cancelled correspond to the relevant network characteristics. Likewise, guarantees of origin created pursuant to Article 14(10) of Directive 2012/27/EU may be used to substantiate any requirement to demonstrate the quantity of electricity produced from high-efficiency cogeneration. For the purposes of paragraph 2 of this Article, where electricity is generated from high-efficiency cogeneration using renewable sources, only one guarantee of origin specifying both characteristics may be issued.’; |
| --- | --- |

(b)

▌paragraph 8 ▌ is replaced by the following:

‘Where an electricity supplier is required to demonstrate the
  origin
  of energy from renewable sources in its energy mix for the purposes of Article 3(9), point (a) of Directive 2009/72/EC, it shall do so by using guarantees of origin except as regards the share of its energy mix corresponding to non-tracked commercial offers, if any, for which the supplier may use the residual mix.

origin

Where a gas supplier is required to demonstrate the origin of energy from renewable sources in its energy mix for the purposes of Annex I, section 5 of Directive (EU) .../... [on common rules for the internal markets in renewable and natural gases and in hydrogen as proposed by COM(2021)0803], it shall do so by using guarantees of origin except as regards the share of its energy mix corresponding to non- tracked commercial offers, if any, for which the supplier may use the residual mix.

Where a gas supplier is required to demonstrate the origin of energy from renewable sources in its energy mix for the purposes of Annex I, section 5 of Directive (EU) .../... [on common rules for the internal markets in renewable and natural gases and in hydrogen as proposed by COM(2021)0803], it shall do so by using guarantees of origin except as regards the share of its energy mix corresponding to non- tracked commercial offers, if any, for which the supplier may use the residual mix.

Where Member States have arranged to have guarantees of origin for other types of energy, suppliers shall use for disclosure the same type of guarantees of origin as the energy supplied. Furthermore, when the customer consumes gas from a hydrogen or natural gas network, Member States may ensure that the guarantees of origin cancelled correspond to the relevant network characteristics. Likewise, guarantees of origin created pursuant to Article 14(10) of Directive 2012/27/EU may be used to substantiate any requirement to demonstrate the quantity of electricity produced from high-efficiency cogeneration. For the purposes of paragraph 2 of this Article, where electricity is generated from high-efficiency cogeneration using renewable sources, only one guarantee of origin specifying both characteristics may be issued.’;

Where Member States have arranged to have guarantees of origin for other types of energy, suppliers shall use for disclosure the same type of guarantees of origin as the energy supplied. Furthermore, when the customer consumes gas from a hydrogen or natural gas network, Member States may ensure that the guarantees of origin cancelled correspond to the relevant network characteristics. Likewise, guarantees of origin created pursuant to Article 14(10) of Directive 2012/27/EU may be used to substantiate any requirement to demonstrate the quantity of electricity produced from high-efficiency cogeneration. For the purposes of paragraph 2 of this Article, where electricity is generated from high-efficiency cogeneration using renewable sources, only one guarantee of origin specifying both characteristics may be issued.’;

| (ba) | paragraph 9 is replaced by the following:





  ‘9.
     
  Member States shall recognise guarantees of origin issued by other Member States in accordance with this Directive exclusively as evidence of the elements referred to in paragraph 1 and points (a) to (i) of the first subparagraph of paragraph 7. A Member State may refuse to recognise a guarantee of origin only where it has well-founded doubts about its accuracy, reliability or veracity. The Member State shall notify the Commission of such a refusal and its justification.’; |
| --- | --- |

(ba)

(ba)

paragraph 9 is replaced by the following:

paragraph 9 is replaced by the following:

‘9.
     
  Member States shall recognise guarantees of origin issued by other Member States in accordance with this Directive exclusively as evidence of the elements referred to in paragraph 1 and points (a) to (i) of the first subparagraph of paragraph 7. A Member State may refuse to recognise a guarantee of origin only where it has well-founded doubts about its accuracy, reliability or veracity. The Member State shall notify the Commission of such a refusal and its justification.’;

| (bb) | paragraph 11 is replaced by the following:





  ‘11.
     
  Member States shall not recognise guarantees of origin issued by a third country except where the Union has concluded an agreement with that third country on mutual recognition of guarantees of origin issued in the Union and compatible guarantees of origin systems established in that third country, and only where there is direct import or export of energy. The Commission shall issue guidelines clarifying the Union requirements for recognizing guarantees of origin issued by a third country, including the underlying governance arrangements associated, to the purpose of streamlining and accelerating the achievement of such agreements with third countries.




  By ... [one year after the entry into force of this amending Directive], the Commission shall issue guidance on relevant safeguards for cross-border transfers.’; |
| --- | --- |

(bb)

(bb)

paragraph 11 is replaced by the following:

paragraph 11 is replaced by the following:

‘11.
     
  Member States shall not recognise guarantees of origin issued by a third country except where the Union has concluded an agreement with that third country on mutual recognition of guarantees of origin issued in the Union and compatible guarantees of origin systems established in that third country, and only where there is direct import or export of energy. The Commission shall issue guidelines clarifying the Union requirements for recognizing guarantees of origin issued by a third country, including the underlying governance arrangements associated, to the purpose of streamlining and accelerating the achievement of such agreements with third countries.

By ... [one year after the entry into force of this amending Directive], the Commission shall issue guidance on relevant safeguards for cross-border transfers.’;

| (bc) | paragraph 13 is replaced by the following:





  ‘13.
     
  The Commission shall adopt a report by 30 June 2025 assessing options to establish a Union-wide green label with a view to promoting the use of renewable energy coming from new installations. Suppliers shall use the information contained in guarantees of origin to demonstrate compliance with the requirements of such a label.’; |
| --- | --- |

(bc)

(bc)

paragraph 13 is replaced by the following:

paragraph 13 is replaced by the following:

‘13.
     
  The Commission shall adopt a report by 30 June 2025 assessing options to establish a Union-wide green label with a view to promoting the use of renewable energy coming from new installations. Suppliers shall use the information contained in guarantees of origin to demonstrate compliance with the requirements of such a label.’;

| (bd) | the folllowing paragraph is added:





  ‘13a.
     
  The Commission shall monitor the functioning of the guarantees of origin system and assess by 30 June 2025 the balance of supply-demand of guarantees of origin in the market and in the case of imbalances identify relevant factors affecting supply and demand and propose measures rectifying any potential structural imbalances with a view to support markets in focusing on new renewable installations.’; |
| --- | --- |

(bd)

(bd)

the folllowing paragraph is added:

the folllowing paragraph is added:

‘13a.
     
  The Commission shall monitor the functioning of the guarantees of origin system and assess by 30 June 2025 the balance of supply-demand of guarantees of origin in the market and in the case of imbalances identify relevant factors affecting supply and demand and propose measures rectifying any potential structural imbalances with a view to support markets in focusing on new renewable installations.’;

| (9) | in Article 20, paragraph 3 is replaced by the following:

  ‘3.   Subject to their assessment included in the integrated national energy and climate plans in accordance with Annex I to Regulation (EU) 2018/1999 on the necessity to build new
  or modernize existing
  infrastructure for district heating and cooling from renewable sources in order to achieve the Union target set in Article 3(1) of this Directive, Member States shall,
  in accordance with the energy efficiency first principle,
  where relevant, take the necessary steps with a view to developing efficient district heating and cooling infrastructure to promote heating and cooling from renewable energy sources, ▌ in combination with thermal energy storage
  , demand response systems and power to heat installations
  .




  3a.
     
  In accordance with relevant electricity market law, Member States shall, where relevant, take the necessary actions to integrate intermittent renewable electricity in the grid while ensuring grid stability and security of supply.
  ’; |
| --- | --- |

(9)

in Article 20, paragraph 3 is replaced by the following:

‘3.   Subject to their assessment included in the integrated national energy and climate plans in accordance with Annex I to Regulation (EU) 2018/1999 on the necessity to build new
  or modernize existing
  infrastructure for district heating and cooling from renewable sources in order to achieve the Union target set in Article 3(1) of this Directive, Member States shall,
  in accordance with the energy efficiency first principle,
  where relevant, take the necessary steps with a view to developing efficient district heating and cooling infrastructure to promote heating and cooling from renewable energy sources, ▌ in combination with thermal energy storage
  , demand response systems and power to heat installations
  .

3a.
     
  In accordance with relevant electricity market law, Member States shall, where relevant, take the necessary actions to integrate intermittent renewable electricity in the grid while ensuring grid stability and security of supply.
  ’;

| (10) | the following Article 20a is inserted:


  ‘Article 20a


  Facilitating system integration of renewable electricity


  “1.   Member States shall require transmission system operators,
  and, if technically available,
  distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible and as close to real time as possible but in time intervals of no more than one hour, with forecasting where available.
  Member States shall ensure that distribution system operators have access to the needed data. If they do not have access, according to national legislation, to all information needed, they shall apply existing data reporting system under ENTSO-E, in accordance with the provisions of Directive 2019/944. However, transmission system operators and distribution system operators shall not be liable for forecasting, estimation or calculation errors due to external circumstances. Member States shall incentivise upgrades of smart grids to better monitor grid balance and make
  available
  real time information.




  If technically available, distribution system operators should also make available anonymized and aggregated data on the demand response potential and the renewable electricity generated by self-consumers and renewable energy communities and injected to the grid
  .




  1 a.
     
  The
  information
  and data referred to in paragraph 1
  shall be made available digitally in a manner that ensures
  interoperability based on harmonized data formats and standardized data sets so that
  it can be used
  in a non-discriminatory manner
  by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices ▌.


  2.   In addition to the requirements in [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020], Member States shall
  adopt measures requiring
  manufacturers of domestic and industrial batteries 
  to
  enable real-time access to basic battery management system information, including battery capacity, state of health, state of charge and power set point, to battery owners and users as well as to third parties acting on their behalf
  with explicit consent and in compliance with the relevant provisions set out in Regulation (EU) 2016/679
  , such as building energy management companies and electricity market participants, under non-discriminatory terms and
  free of charge
  .


  By ... [6 months from the entry into force of this amending Directive],
  Member States shall
  adopt measures requiring
  vehicle manufacturers
  to
  make available, in real-time, in-vehicle data related to the battery state of health, battery state of charge, battery power setpoint
  and
  battery capacity ▌to electric vehicle owners and users, as well as to third parties acting on the owners’ and users’ behalf
  with explicit consent
  , such as electricity market participants and electromobility service providers, under non-discriminatory terms and
  free of charge to the owners or users of the batteries and the entities acting on their behalf,
  in addition to further requirements in the type approval and market surveillance regulation
  and in full compliance with the relevant provisions in regulation (EU) 2016/679
  .
  In accordance with the Battery Regulation, data shall be shared as “read-only”, thus preventing third parties from modifying the parameters of the data.




  Member States shall ensure that
  ▌
  manufacturers of smart heating and cooling systems, thermal energy storage units and other smart devices facilitating consumers to provide demand response to the energy system enable real-time access to data relevant for demand response under non-discriminatory terms and free of charge to users, as well as to third parties acting on the owners’ and users’ behalf through explicit consent and in compliance with the relevant provisions set out in Regulation (EU) 2016/679
  .


  3.   In addition to the requirements in [the proposal for a Regulation concerning the deployment of alternative fuel infrastructure, repealing Directive 2014/94/EU], Member States shall ensure that non–publicly accessible normal power recharging points installed in their territory from [the transposition deadline of this amending Directive] can support smart charging functionalities and
  interface with smart metering systems, when deployed by Member States and
  , where appropriate based on assessment by the regulatory authority, bidirectional charging functionalities
  as laid down in Article 14(4) of Regulation ... [the Alternative Fuel Infrastructure Regulation] and assessed by regulatory authorities regarding its potential contribution
  .


  4.   Member States shall
  ensure that all means of electricity generation, including renewable electricity production units, are involved in providing system and balancing services. Member States shall also
  ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services
  for the electricity networks and the district heating and cooling networks, energy storage and flexibility providers as well as balancing services
  , of small or mobile systems such as domestic
  and community
  batteries and electric vehicles,
  as well as decentralised energy resources with a capacity under 1MW participating to the system, thermal energy storage units, power-to-gas, heat pumps and other technologies able to provide flexibility,
  both directly and through aggregation.
  Member States shall provide a level playing field for smaller market actors, in particular renewable energy communities, so that they are able to participate in the market without facing disproportionate administrative or regulatory burden.
  ”;




  4 a.
     
  Member States shall ensure that the national regulatory framework allows final customers to enter into contractual agreements with electricity market participants and electromobility service providers to receive information on the terms of the agreement, including their personal data protection, and its implications for the consumers, including the remuneration for the flexibility.’; |
| --- | --- |

(10)

the following Article 20a is inserted:

‘Article 20a

Facilitating system integration of renewable electricity

“1.   Member States shall require transmission system operators,
  and, if technically available,
  distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible and as close to real time as possible but in time intervals of no more than one hour, with forecasting where available.
  Member States shall ensure that distribution system operators have access to the needed data. If they do not have access, according to national legislation, to all information needed, they shall apply existing data reporting system under ENTSO-E, in accordance with the provisions of Directive 2019/944. However, transmission system operators and distribution system operators shall not be liable for forecasting, estimation or calculation errors due to external circumstances. Member States shall incentivise upgrades of smart grids to better monitor grid balance and make
  available
  real time information.

If technically available, distribution system operators should also make available anonymized and aggregated data on the demand response potential and the renewable electricity generated by self-consumers and renewable energy communities and injected to the grid
  .

1 a.
     
  The
  information
  and data referred to in paragraph 1
  shall be made available digitally in a manner that ensures
  interoperability based on harmonized data formats and standardized data sets so that
  it can be used
  in a non-discriminatory manner
  by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices ▌.

2.   In addition to the requirements in [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020], Member States shall
  adopt measures requiring
  manufacturers of domestic and industrial batteries 
  to
  enable real-time access to basic battery management system information, including battery capacity, state of health, state of charge and power set point, to battery owners and users as well as to third parties acting on their behalf
  with explicit consent and in compliance with the relevant provisions set out in Regulation (EU) 2016/679
  , such as building energy management companies and electricity market participants, under non-discriminatory terms and
  free of charge
  .

By ... [6 months from the entry into force of this amending Directive],
  Member States shall
  adopt measures requiring
  vehicle manufacturers
  to
  make available, in real-time, in-vehicle data related to the battery state of health, battery state of charge, battery power setpoint
  and
  battery capacity ▌to electric vehicle owners and users, as well as to third parties acting on the owners’ and users’ behalf
  with explicit consent
  , such as electricity market participants and electromobility service providers, under non-discriminatory terms and
  free of charge to the owners or users of the batteries and the entities acting on their behalf,
  in addition to further requirements in the type approval and market surveillance regulation
  and in full compliance with the relevant provisions in regulation (EU) 2016/679
  .
  In accordance with the Battery Regulation, data shall be shared as “read-only”, thus preventing third parties from modifying the parameters of the data.

Member States shall ensure that
  ▌
  manufacturers of smart heating and cooling systems, thermal energy storage units and other smart devices facilitating consumers to provide demand response to the energy system enable real-time access to data relevant for demand response under non-discriminatory terms and free of charge to users, as well as to third parties acting on the owners’ and users’ behalf through explicit consent and in compliance with the relevant provisions set out in Regulation (EU) 2016/679
  .

3.   In addition to the requirements in [the proposal for a Regulation concerning the deployment of alternative fuel infrastructure, repealing Directive 2014/94/EU], Member States shall ensure that non–publicly accessible normal power recharging points installed in their territory from [the transposition deadline of this amending Directive] can support smart charging functionalities and
  interface with smart metering systems, when deployed by Member States and
  , where appropriate based on assessment by the regulatory authority, bidirectional charging functionalities
  as laid down in Article 14(4) of Regulation ... [the Alternative Fuel Infrastructure Regulation] and assessed by regulatory authorities regarding its potential contribution
  .

4.   Member States shall
  ensure that all means of electricity generation, including renewable electricity production units, are involved in providing system and balancing services. Member States shall also
  ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services
  for the electricity networks and the district heating and cooling networks, energy storage and flexibility providers as well as balancing services
  , of small or mobile systems such as domestic
  and community
  batteries and electric vehicles,
  as well as decentralised energy resources with a capacity under 1MW participating to the system, thermal energy storage units, power-to-gas, heat pumps and other technologies able to provide flexibility,
  both directly and through aggregation.
  Member States shall provide a level playing field for smaller market actors, in particular renewable energy communities, so that they are able to participate in the market without facing disproportionate administrative or regulatory burden.
  ”;

4 a.
     
  Member States shall ensure that the national regulatory framework allows final customers to enter into contractual agreements with electricity market participants and electromobility service providers to receive information on the terms of the agreement, including their personal data protection, and its implications for the consumers, including the remuneration for the flexibility.’;

| (11) | the following Article 22a is inserted:

  ‘Article 22a

  Mainstreaming renewable energy in industry


  1.   Member States shall endeavour to increase the share of renewable sources in the amount of energy sources used for final energy and non-energy purposes in the industry sector by an indicative average minimum annual increase of
  1,9
  percentage points by 2030.
  That increase shall be calculated as an average for the three-year periods, i.e. 2024 to 2027 and 2027 to 2030.


  Member States shall include the
  policies and
  measures planned and taken to achieve such indicative increase in their integrated national energy and climate plans and progress reports submitted pursuant to Articles 3, 14 and 17 of Regulation (EU) 2018/1999.
  Such measures shall include the renewable-based electrification of industrial processes when considered as a cost-effective option. When adopting measures to increase the share of renewable energy in industry, Member States shall comply with the energy efficiency first principle.




  Member States shall establish a regulatory framework which may include support measures for industry in accordance with in Article 3(4a) and promote the uptake of renewable sources and renewable hydrogen consumed by industry, taking effectiveness and international competitiveness fully into account, as necessary pre-conditions for the uptake of renewable energy consumption in industry. In particular, that framework should tackle regulatory, administrative and economic barriers in line with Article 3(4a) and Article 15(8).


  Member States shall ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes
  is
  50 % of the hydrogen used for final energy and non-energy purposes in industry by 2030.
  Member States shall ensure that by 2035, the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes is at least 70 % of the hydrogen used for final energy and non-energy purposes in industry. The Commission shall analyse the availability of fuels of non-biological origin in 2026 and every year thereafter.
  For the calculation of
  the
  percentage, the following rules shall apply [Am. 34]:






  (a) | For the calculation of the denominator, the energy content of hydrogen for final energy and non-energy purposes shall be taken into account, excluding hydrogen used as intermediate products for the production of conventional transport fuels
  and hydrogen produced as a by-product or derived from by-products in industrial installations; |
| --- | --- | --- |

(11)

the following Article 22a is inserted:

‘Article 22a

Mainstreaming renewable energy in industry

1.   Member States shall endeavour to increase the share of renewable sources in the amount of energy sources used for final energy and non-energy purposes in the industry sector by an indicative average minimum annual increase of
  1,9
  percentage points by 2030.
  That increase shall be calculated as an average for the three-year periods, i.e. 2024 to 2027 and 2027 to 2030.

Member States shall include the
  policies and
  measures planned and taken to achieve such indicative increase in their integrated national energy and climate plans and progress reports submitted pursuant to Articles 3, 14 and 17 of Regulation (EU) 2018/1999.
  Such measures shall include the renewable-based electrification of industrial processes when considered as a cost-effective option. When adopting measures to increase the share of renewable energy in industry, Member States shall comply with the energy efficiency first principle.

Member States shall establish a regulatory framework which may include support measures for industry in accordance with in Article 3(4a) and promote the uptake of renewable sources and renewable hydrogen consumed by industry, taking effectiveness and international competitiveness fully into account, as necessary pre-conditions for the uptake of renewable energy consumption in industry. In particular, that framework should tackle regulatory, administrative and economic barriers in line with Article 3(4a) and Article 15(8).

Member States shall ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes
  is
  50 % of the hydrogen used for final energy and non-energy purposes in industry by 2030.
  Member States shall ensure that by 2035, the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes is at least 70 % of the hydrogen used for final energy and non-energy purposes in industry. The Commission shall analyse the availability of fuels of non-biological origin in 2026 and every year thereafter.
  For the calculation of
  the
  percentage, the following rules shall apply [Am. 34]:

(a)

For the calculation of the denominator, the energy content of hydrogen for final energy and non-energy purposes shall be taken into account, excluding hydrogen used as intermediate products for the production of conventional transport fuels
  and hydrogen produced as a by-product or derived from by-products in industrial installations;

| (b) | For the calculation of the numerator, the energy content of the renewable fuels of non-biological origin consumed in the industry sector for final energy and non-energy purposes shall be taken into account, excluding renewable fuels of non-biological origin used as intermediate products for the production of ▌ transport fuels. |
| --- | --- |

(b)

For the calculation of the numerator, the energy content of the renewable fuels of non-biological origin consumed in the industry sector for final energy and non-energy purposes shall be taken into account, excluding renewable fuels of non-biological origin used as intermediate products for the production of ▌ transport fuels.

| (c) | For the calculation of the numerator and the denominator, the values regarding the energy content of fuels set out in Annex III shall be used.

  By 31 January 2026, following the establishment of the rules referred to in paragraph 1, the Commission shall assess whether, in view of regulatory, technical and scientific development, it is appropriate and justified to adapt the RFNBOs sub-target of 2030, and, where appropriate, shall amend this article for that purpose, accompanied by an impact assessment.


  To promote the use of renewable energy solutions for low and medium-temperature industrial heat, Member States shall endeavour to increase the availability of economically viable and technically feasible renewable alternatives to fossil-fuel based energy use for industrial heat applications with the aim of ending the use of fossil-fuel based for applications requiring maximum heating temperatures up to 200 degrees Celsius by 2027 at the latest.

  ▌ |
| --- | --- |

(c)

For the calculation of the numerator and the denominator, the values regarding the energy content of fuels set out in Annex III shall be used.

▌

1a.
     
  By ... [one year after the entry into force of this amending Directive], the Commission shall develop a global hydrogen import strategy to promote a European hydrogen market. This strategy shall complement initiatives to promote domestic hydrogen production within the Union, supporting the implementation of this Directive and the achievement of the targets set out therein, while having due regard to security of supply and the Union’s strategic autonomy in energy. The measures included in the strategy shall aim to promote a level playing-field, based on equivalent rules or standards in third countries in terms of environmental protection, sustainability and mitigating climate change. The strategy shall include indicative milestones and measures for imports. Member States shall take appropriate measures to implement the strategy in their integrated national energy and climate plans and progress reports submitted pursuant to Articles 3, 14 and 17 of Regulation (EU) 2018/1999. Furthermore, the strategy shall also take into account the need to develop access to energy for local people.’;

| (12) | Article 23 is amended as follows:






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

  ‘1.   In order to promote the use of renewable energy in the heating and cooling sector, each Member State shall, increase the share of renewable energy in that sector by
  an indicative 2,3
  percentage points as an annual average calculated for the periods 2021 to 2025 and 2026 to 2030, starting from the share of renewable energy in the heating and cooling sector in 2020, expressed in terms of national share of gross final energy consumption and calculated in accordance with the methodology set out in Article 7.
  That increase shall be of
  2,8
  percentage points for Member States where waste heat and cold is used. In that case Member States may count waste heat and cold up to 40 % of the average annual increase.’; |
| --- | --- | --- |

(12)

Article 23 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   In order to promote the use of renewable energy in the heating and cooling sector, each Member State shall, increase the share of renewable energy in that sector by
  an indicative 2,3
  percentage points as an annual average calculated for the periods 2021 to 2025 and 2026 to 2030, starting from the share of renewable energy in the heating and cooling sector in 2020, expressed in terms of national share of gross final energy consumption and calculated in accordance with the methodology set out in Article 7.

That increase shall be of
  2,8
  percentage points for Member States where waste heat and cold is used. In that case Member States may count waste heat and cold up to 40 % of the average annual increase.’;

| (b) | the following paragraph 1a is inserted:

  ‘1a.   
  In order to give the Commission a full account of the considerable differences in the level of industrial heat demand across the Union,
  Member States shall carry out an assessment of their potential of energy from renewable sources and of the use of waste heat and cold in the heating and cooling sector including
  a cost- benefit analysis covering all the positive externalities
  , where appropriate, an analysis of areas suitable for their deployment at low ecological risk and of the potential for small-scale household projects.
  SMEs, industrial symbioses and of commercial buildings and outline any infrastructure requirements with the participation of local and regional authorities
  . The assessment shall
  consider the available and economically feasible technologies for industrial and domestic uses in order to
  set out milestones and measures to ▌increase
  the use of renewable energy sources
  in heating and cooling and, where appropriate, the use of waste heat and cold through district heating and cooling
  and small-scale households and SMEs
  with a view
  to
  establishing a long-term national strategy to
  reduce greenhouse gas emissions and air pollution originating from
  heating and cooling.
  Such strategy shall take into account the different level of heat quality (high, medium, low temperature) specific to various processes and uses
  . The assessment shall be
  in accordance with the energy efficiency first principle and
  part of the integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999, and shall accompany the comprehensive heating and cooling assessment required by Article 14(1) of Directive 2012/27/EU.’; |
| --- | --- |

(b)

the following paragraph 1a is inserted:

‘1a.   
  In order to give the Commission a full account of the considerable differences in the level of industrial heat demand across the Union,
  Member States shall carry out an assessment of their potential of energy from renewable sources and of the use of waste heat and cold in the heating and cooling sector including
  a cost- benefit analysis covering all the positive externalities
  , where appropriate, an analysis of areas suitable for their deployment at low ecological risk and of the potential for small-scale household projects.
  SMEs, industrial symbioses and of commercial buildings and outline any infrastructure requirements with the participation of local and regional authorities
  . The assessment shall
  consider the available and economically feasible technologies for industrial and domestic uses in order to
  set out milestones and measures to ▌increase
  the use of renewable energy sources
  in heating and cooling and, where appropriate, the use of waste heat and cold through district heating and cooling
  and small-scale households and SMEs
  with a view
  to
  establishing a long-term national strategy to
  reduce greenhouse gas emissions and air pollution originating from
  heating and cooling.
  Such strategy shall take into account the different level of heat quality (high, medium, low temperature) specific to various processes and uses
  . The assessment shall be
  in accordance with the energy efficiency first principle and
  part of the integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999, and shall accompany the comprehensive heating and cooling assessment required by Article 14(1) of Directive 2012/27/EU.’;

| (c) | in paragraph 2, first subparagraph, point (a) is deleted. |
| --- | --- |

(c)

in paragraph 2, first subparagraph, point (a) is deleted.

| (ca) | in paragraph 2, the following subparagraph is added:



  ‘Member States shall in particular provide information to the owners or tenants of buildings and SMEs on cost-effective measures, and financial instruments, to improve the use of renewable energy in the heating and cooling systems. Member States shall provide the information through accessible and transparent advisory tools based in one-stop shops.’; |
| --- | --- |

(ca)

(ca)

in paragraph 2, the following subparagraph is added:

in paragraph 2, the following subparagraph is added:

‘Member States shall in particular provide information to the owners or tenants of buildings and SMEs on cost-effective measures, and financial instruments, to improve the use of renewable energy in the heating and cooling systems. Member States shall provide the information through accessible and transparent advisory tools based in one-stop shops.’;

| (d) | paragraph 4 is replaced by the following:

  ‘4.   To achieve the average annual increase referred to in paragraph 1, first subparagraph, Member States
  shall
  implement
  at least three
  of the following measures::






  (a) | physical incorporation of renewable energy or waste heat and cold in the energy sources and fuels supplied for heating and cooling; |
| --- | --- | --- |

(d)

paragraph 4 is replaced by the following:

‘4.   To achieve the average annual increase referred to in paragraph 1, first subparagraph, Member States
  shall
  implement
  at least three
  of the following measures::

(a)

physical incorporation of renewable energy or waste heat and cold in the energy sources and fuels supplied for heating and cooling;

| (b) | installation of highly efficient renewable heating and cooling systems in buildings,
  connection of buildings to high efficiency district heating and cooling systems
  or use of renewable energy or waste heat and cold in industrial heating and cooling processes; |
| --- | --- |

(b)

installation of highly efficient renewable heating and cooling systems in buildings,
  connection of buildings to high efficiency district heating and cooling systems
  or use of renewable energy or waste heat and cold in industrial heating and cooling processes;

| (c) | measures covered by tradable certificates proving compliance with the obligation laid down in paragraph 1, first subparagraph, through support to installation measures under point (b) of this paragraph, carried out by another economic operator such as an independent renewable technology installer or an energy service company providing renewable installation services; |
| --- | --- |

(c)

measures covered by tradable certificates proving compliance with the obligation laid down in paragraph 1, first subparagraph, through support to installation measures under point (b) of this paragraph, carried out by another economic operator such as an independent renewable technology installer or an energy service company providing renewable installation services;

| (d) | capacity building for national
  , regional
  and local authorities to
  map local renewable heating and cooling potential and
  plan, ▌ implement
  and advise on
  renewable projects and infrastructures; |
| --- | --- |

(d)

capacity building for national
  , regional
  and local authorities to
  map local renewable heating and cooling potential and
  plan, ▌ implement
  and advise on
  renewable projects and infrastructures;

| (e) | creation of risk mitigation frameworks to reduce the cost of capital for renewable heat and cooling
  and waste heat and cold
  projects
  , inter alia allowing for the bundling of smaller projects as well as linking such projects more holistically with other energy efficiency and building renovation measures
  ; |
| --- | --- |

(e)

creation of risk mitigation frameworks to reduce the cost of capital for renewable heat and cooling
  and waste heat and cold
  projects
  , inter alia allowing for the bundling of smaller projects as well as linking such projects more holistically with other energy efficiency and building renovation measures
  ;

| (f) | promotion of
  renewables heating and cooling
  purchase agreements for corporate and collective small consumers; |
| --- | --- |

(f)

promotion of
  renewables heating and cooling
  purchase agreements for corporate and collective small consumers;

| (g) | planned replacement schemes of fossil heating
  sources, heating
  systems
  not compatible with renewable sources
  or fossil phase-out schemes with milestones; |
| --- | --- |

(g)

planned replacement schemes of fossil heating
  sources, heating
  systems
  not compatible with renewable sources
  or fossil phase-out schemes with milestones;

| (h) | renewable heat planning, encompassing cooling, requirements at local and regional level; |
| --- | --- |

(h)

renewable heat planning, encompassing cooling, requirements at local and regional level;

| (i) | other policy measures, with an equivalent effect, including fiscal measures, support schemes or other financial incentives
  contributing to the installation of renewable heating and cooling equipment and the development of energy networks supplying renewable energy for heating and cooling in buildings and industry; |
| --- | --- |

(i)

other policy measures, with an equivalent effect, including fiscal measures, support schemes or other financial incentives
  contributing to the installation of renewable heating and cooling equipment and the development of energy networks supplying renewable energy for heating and cooling in buildings and industry;

| (j) | promotion of the production of biogas and its injection into the gas grid, instead of its use for electricity production; |
| --- | --- |

(j)

promotion of the production of biogas and its injection into the gas grid, instead of its use for electricity production;

| (k) | measures promoting the integration of thermal energy storage technologies in heating and cooling systems; |
| --- | --- |

(k)

measures promoting the integration of thermal energy storage technologies in heating and cooling systems;

| (l) | promotion of consumer-owned renewable based district heating and cooling networks, in particular by renewable energy communities, including through regulatory measures, financing arrangements and support. |
| --- | --- |

(l)

promotion of consumer-owned renewable based district heating and cooling networks, in particular by renewable energy communities, including through regulatory measures, financing arrangements and support.

When adopting and implementing those measures, Member States shall ensure their accessibility to all consumers
  including those who are tenants
  , in particular those in low-income or vulnerable households,
  and shall require a significant share of measures to be implemented as a priority in households living in a condition of energy poverty as defined in Directive ...[the Energy efficiency Directive recast] and in social housing
  , who would not otherwise possess sufficient up-front capital to benefit.’;

| (13) | Article 24 is amended as follows:






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

  ‘1.   
  Member States shall support the renovation of existing and the development of highly efficient 4th and 5th generation renewable district heating and cooling networks fuelled exclusively by renewable energy sources and unavoidable waste heat or cold, following a positive economic and environmental cost-benefit analysis undertaken in partnership with local authorities involved.
  Member States shall ensure that information on the energy performance
  , the greenhouse gas emissions
  and the share of renewable energy in their district heating and cooling systems is provided to final consumers in an easily accessible manner, such as on bills or on the suppliers' websites and on request. The information on the renewable energy share shall be expressed at least as a percentage of gross final consumption of heating and cooling assigned to the customers of a given district heating and cooling system, including information on how much energy was used to deliver one unit of heating to the customer or end-user .’; |
| --- | --- | --- |

(13)

Article 24 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   
  Member States shall support the renovation of existing and the development of highly efficient 4th and 5th generation renewable district heating and cooling networks fuelled exclusively by renewable energy sources and unavoidable waste heat or cold, following a positive economic and environmental cost-benefit analysis undertaken in partnership with local authorities involved.
  Member States shall ensure that information on the energy performance
  , the greenhouse gas emissions
  and the share of renewable energy in their district heating and cooling systems is provided to final consumers in an easily accessible manner, such as on bills or on the suppliers' websites and on request. The information on the renewable energy share shall be expressed at least as a percentage of gross final consumption of heating and cooling assigned to the customers of a given district heating and cooling system, including information on how much energy was used to deliver one unit of heating to the customer or end-user .’;

| (b) | paragraph 4 is replaced by the following:

  ‘4.   Member States shall endeavour to increase the share of energy from renewable sources
  , including heat generated from electricity from renewable energy sources,
  and from waste heat and cold in district heating and cooling by at least
  2,3
  percentage points as an annual average calculated for the period 2021 to 2025 and for the period 2026 to 2030, starting from the share of energy from renewable sources
  , including heat generated from electricity from renewable energy sources,
  and from waste heat and cold in district heating and cooling in 2020, and shall lay down the measures necessary to that end. The share of renewable energy shall be expressed in terms of share of gross final energy consumption in district heating and cooling adjusted to normal average climatic conditions.
  Member States with a share of energy from renewable sources and from waste heat and cold in district heating and cooling above 60 % may count any such share as fulfilling the average annual increase referred to in the first subparagraph.
  Member States shall lay down the necessary measures to implement the average annual increase referred to in the first subparagraph in their integrated national energy and climate plans pursuant to Annex I to Regulation (EU) 2018/1999.’; |
| --- | --- |

(b)

paragraph 4 is replaced by the following:

‘4.   Member States shall endeavour to increase the share of energy from renewable sources
  , including heat generated from electricity from renewable energy sources,
  and from waste heat and cold in district heating and cooling by at least
  2,3
  percentage points as an annual average calculated for the period 2021 to 2025 and for the period 2026 to 2030, starting from the share of energy from renewable sources
  , including heat generated from electricity from renewable energy sources,
  and from waste heat and cold in district heating and cooling in 2020, and shall lay down the measures necessary to that end. The share of renewable energy shall be expressed in terms of share of gross final energy consumption in district heating and cooling adjusted to normal average climatic conditions.

Member States with a share of energy from renewable sources and from waste heat and cold in district heating and cooling above 60 % may count any such share as fulfilling the average annual increase referred to in the first subparagraph.

Member States shall lay down the necessary measures to implement the average annual increase referred to in the first subparagraph in their integrated national energy and climate plans pursuant to Annex I to Regulation (EU) 2018/1999.’;

| (c) | the following paragraph 4a is inserted:

  ‘4a.   Member States shall ensure that operators of district heating or cooling systems above 25 MWth capacity are
  encouraged
  to connect third party suppliers of energy from renewable sources and from waste heat and cold or are
  encouraged
  to offer to connect and purchase heat or cold from renewable sources and from waste heat and cold from third-party suppliers based on non-discriminatory criteria
  to be
  set by the
  concerned
  Member State
  if such a connection is technically and economically feasible and
  , where such operators need to do one or more of the following:






  (a) | meet demand from new customers; |
| --- | --- | --- |

(c)

the following paragraph 4a is inserted:

‘4a.   Member States shall ensure that operators of district heating or cooling systems above 25 MWth capacity are
  encouraged
  to connect third party suppliers of energy from renewable sources and from waste heat and cold or are
  encouraged
  to offer to connect and purchase heat or cold from renewable sources and from waste heat and cold from third-party suppliers based on non-discriminatory criteria
  to be
  set by the
  concerned
  Member State
  if such a connection is technically and economically feasible and
  , where such operators need to do one or more of the following:

(a)

meet demand from new customers;

| (b) | replace existing heat or cold generation capacity; |
| --- | --- |

(b)

replace existing heat or cold generation capacity;

| (c) | expand existing heat or cold generation capacity.’; |
| --- | --- |

(c)

expand existing heat or cold generation capacity.’;

Member States may decide to count renewable electricity used for district heating and cooling in the annual average increase set out in paragraph 4 of this Article. Renewable electricity counted towards Article 7(1), point (b) shall not be taken into account for the purpose of achieving the goals set out in Article 7(1), point (a).

Where Member States decide to count renewable electricity used in district heating and cooling they shall notify it to the Commission before the introduction of such mechanism. Member States shall include the amount of renewable electricity used in district heating and cooling in their integrated national energy and climate progress reports pursuant to Article 17 of Regulation (EU) 2018/1999.’
  ;

Where Member States decide to count renewable electricity used in district heating and cooling they shall notify it to the Commission before the introduction of such mechanism. Member States shall include the amount of renewable electricity used in district heating and cooling in their integrated national energy and climate progress reports pursuant to Article 17 of Regulation (EU) 2018/1999.’

| (d) | paragraphs 5 and 6 are replaced by the following:

  ‘5.   Member States may allow an operator of a district heating or cooling system to refuse to connect and to purchase heat or cold from a third-party supplier in any of the following situations:






  (a) | the system lacks the necessary capacity due to other supplies of heat or cold from renewable sources or of waste heat and cold; |
| --- | --- | --- |

(d)

paragraphs 5 and 6 are replaced by the following:

‘5.   Member States may allow an operator of a district heating or cooling system to refuse to connect and to purchase heat or cold from a third-party supplier in any of the following situations:

(a)

the system lacks the necessary capacity due to other supplies of heat or cold from renewable sources or of waste heat and cold;

| (b) | the heat or cold from the third-party supplier does not meet the technical parameters necessary to connect and ensure the reliable and safe operation of the district heating and cooling system; |
| --- | --- |

(b)

the heat or cold from the third-party supplier does not meet the technical parameters necessary to connect and ensure the reliable and safe operation of the district heating and cooling system;

| (c) | the operator can demonstrate that providing access would lead to an excessive heat or cold cost increase for final customers compared to the cost of using the main local heat or cold supply with which the renewable source or waste heat and cold would compete; |
| --- | --- |

(c)

the operator can demonstrate that providing access would lead to an excessive heat or cold cost increase for final customers compared to the cost of using the main local heat or cold supply with which the renewable source or waste heat and cold would compete;

| (d) | the operator’s system meets the definition of efficient district heating and cooling set out in [Article x of the proposed recast of the Energy Efficiency Directive]. |
| --- | --- |

(d)

the operator’s system meets the definition of efficient district heating and cooling set out in [Article x of the proposed recast of the Energy Efficiency Directive].

Member States shall ensure that, when an operator of a district heating or cooling system refuses to connect a supplier of heating or cooling pursuant to the first subparagraph, information on the reasons for the refusal, as well as the conditions to be met and measures to be taken in the system in order to enable the connection, is provided by that operator to the competent authority. Member States shall ensure that an appropriate process is in place to remedy unjustified refusals.

6.   Member States shall put in place
  , where needed,
  a coordination framework between district heating and cooling system operators and the potential sources of waste heat and cold in the industrial and tertiary sectors to facilitate the use of waste heat and cold. That coordination framework shall ensure
  the application of the energy efficiency first principle and facilitate
  dialogue as regards the use of waste heat and cold involving at least:

| (a) | district heating and cooling system operators; |
| --- | --- |

(a)

district heating and cooling system operators;

| (b) | industrial and tertiary sector enterprises generating waste heat and cold that can be economically recovered via district heating and cooling systems, such as data centres, industrial plants, large commercial buildings
  , energy storage facilities,
  and public transport; ▌ |
| --- | --- |

(b)

industrial and tertiary sector enterprises generating waste heat and cold that can be economically recovered via district heating and cooling systems, such as data centres, industrial plants, large commercial buildings
  , energy storage facilities,
  and public transport; ▌

| (c) | local authorities responsible for planning and approving energy infrastructures; |
| --- | --- |

(c)

local authorities responsible for planning and approving energy infrastructures;

| (d) | scientific experts working on the latest state of the art highly energy efficient fully renewables based district heating and cooling systems; |
| --- | --- |

(d)

scientific experts working on the latest state of the art highly energy efficient fully renewables based district heating and cooling systems;

| (e) | renewable energy communities involved in heating and cooling.
  ’; |
| --- | --- |

(e)

renewable energy communities involved in heating and cooling.
  ’;

| (e) | paragraphs 8, 9 and 10 are replaced by the following:

  ‘8.   Member States shall establish a framework under which electricity distribution system operators will assess, at least every four years, in cooperation with the operators of district heating and cooling systems in their respective areas, the potential for district heating and cooling systems to provide balancing and other system services, including demand response and thermal storage of excess electricity from
  centralised and decentralised
  renewable sources, and whether the use of the identified potential would be more resource- and cost-efficient than alternative solutions
  , in accordance with the energy efficiency first principle
  .
  Member States shall ensure that electricity transmission and distribution system operators take due account of the results of the assessment required under the first subparagraph in grid planning, grid investment and infrastructure development in their respective territories.
  Member States shall facilitate coordination between operators of district heating and cooling systems and electricity transmission and distribution system operators to ensure that balancing, storage and other flexibility services, such as demand response, provided by district heating and district cooling system operators, can participate in their electricity markets
  on a non-discriminatory basis
  .
  Member States may extend the assessment and coordination requirements under the first and third subparagraphs to gas transmission and distribution system operators, including hydrogen networks and other energy networks.


  9.   Member States shall ensure that the rights of consumers and the rules for operating district heating and cooling systems in accordance with this Article are clearly defined, publicly available and enforced by the competent authority.






  10. | A Member State shall not be required to apply
  paragraph 2
  where at least one of the following conditions is met:






  (a) | its share of district heating and cooling was less than or equal to 2 % of the gross final energy consumption in heating and cooling on 24 December 2018; |
| --- | --- | --- | --- |

(e)

paragraphs 8, 9 and 10 are replaced by the following:

‘8.   Member States shall establish a framework under which electricity distribution system operators will assess, at least every four years, in cooperation with the operators of district heating and cooling systems in their respective areas, the potential for district heating and cooling systems to provide balancing and other system services, including demand response and thermal storage of excess electricity from
  centralised and decentralised
  renewable sources, and whether the use of the identified potential would be more resource- and cost-efficient than alternative solutions
  , in accordance with the energy efficiency first principle
  .

Member States shall ensure that electricity transmission and distribution system operators take due account of the results of the assessment required under the first subparagraph in grid planning, grid investment and infrastructure development in their respective territories.

Member States shall facilitate coordination between operators of district heating and cooling systems and electricity transmission and distribution system operators to ensure that balancing, storage and other flexibility services, such as demand response, provided by district heating and district cooling system operators, can participate in their electricity markets
  on a non-discriminatory basis
  .

Member States may extend the assessment and coordination requirements under the first and third subparagraphs to gas transmission and distribution system operators, including hydrogen networks and other energy networks.

9.   Member States shall ensure that the rights of consumers and the rules for operating district heating and cooling systems in accordance with this Article are clearly defined, publicly available and enforced by the competent authority.

10.

(a)

its share of district heating and cooling was less than or equal to 2 % of the gross final energy consumption in heating and cooling on 24 December 2018;

| (b) | its share of district heating and cooling is increased above 2 % of the gross final energy consumption in heating and cooling on 24 December 2018 by developing new efficient district heating and cooling based on its integrated national energy and climate plan pursuant to Annex I to Regulation (EU) 2018/1999 and the assessment referred to in Article 23(1a) of this Directive; |
| --- | --- |

(b)

its share of district heating and cooling is increased above 2 % of the gross final energy consumption in heating and cooling on 24 December 2018 by developing new efficient district heating and cooling based on its integrated national energy and climate plan pursuant to Annex I to Regulation (EU) 2018/1999 and the assessment referred to in Article 23(1a) of this Directive;

| (c) | 90 % of the gross final energy consumption in district heating and cooling systems takes place in district heating and cooling systems meeting the definition laid down in [Article x of the proposed recast of the Energy Efficiency Directive].’; |
| --- | --- |

(c)

90 % of the gross final energy consumption in district heating and cooling systems takes place in district heating and cooling systems meeting the definition laid down in [Article x of the proposed recast of the Energy Efficiency Directive].’;

| (14) | Article 25 is replaced by the following:

  ‘Article 25

  Greenhouse gas intensity reduction in the transport sector from the use of renewable energy


  1.   Each Member State shall set an obligation on fuel suppliers to ensure that:






  (a) | the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least
  16
  % by 2030, compared to the baseline set out in Article 27(1), point (b), in accordance with
  a
  trajectory set by the Member State; |
| --- | --- | --- |

(14)

Article 25 is replaced by the following:

‘Article 25

Greenhouse gas intensity reduction in the transport sector from the use of renewable energy

1.   Each Member State shall set an obligation on fuel suppliers to ensure that:

(a)

the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least
  16
  % by 2030, compared to the baseline set out in Article 27(1), point (b), in accordance with
  a
  trajectory set by the Member State;

| (b) | the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least ▌0,5 % in 2025 and
  at least
  2,2 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 %
  in 2028 and at least 5,7 %
  in 2030; |
| --- | --- |

(b)

the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least ▌0,5 % in 2025 and
  at least
  2,2 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 %
  in 2028 and at least 5,7 %
  in 2030;

| (ba) | from 2030, fuel suppliers shall deliver at least 1,2 % renewable fuels of non-biological origin and renewable hydrogen, to the hard to abate maritime mode. A Member State which has no maritime ports in its territory may choose not to apply this provision. Any Member State that intends to avail itself of that derogation shall notify the Commission no later than one year after ... [the entry into force of this amending Directive]. Any subsequent change shall also be communicated to the Commission.



  If the list of feedstock set out in Part A and of Annex IX is amended in accordance with Article 28(6), the minimum share of advanced biofuels and biogas produced from the feedstock in the energy supplied to the transport sector referred to in point (b) of this paragraph shall be increased accordingly and shall be based on an impact assessment by the Commission.


  The Commission shall assess the obligation laid down in paragraph 1 with a view to submitting a legislative proposal by 2025 to increase it where there are further substantial costs reductions in the production of renewable energy, where needed to meet the Union's international commitments for decarbonisation, or where a significant decrease in energy consumption in the Union justifies such an increase.

  For the calculation of the reduction referred to in point (a) and the share referred to in point (b), Member States shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventional
  transport
  fuels. For the calculation of the reduction referred to in point (a), Member States may take into account recycled carbon fuels.
  When setting the obligation on fuel suppliers, Member States may exempt fuel suppliers supplying electricity or renewable liquid and gaseous transport fuels of non-biological origin from the requirement to comply with the minimum share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX with respect to those fuels. |
| --- | --- |

(ba)

from 2030, fuel suppliers shall deliver at least 1,2 % renewable fuels of non-biological origin and renewable hydrogen, to the hard to abate maritime mode. A Member State which has no maritime ports in its territory may choose not to apply this provision. Any Member State that intends to avail itself of that derogation shall notify the Commission no later than one year after ... [the entry into force of this amending Directive]. Any subsequent change shall also be communicated to the Commission.

For the calculation of the reduction referred to in point (a) and the share referred to in point (b), Member States shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventional
  transport
  fuels. For the calculation of the reduction referred to in point (a), Member States may take into account recycled carbon fuels.

When setting the obligation on fuel suppliers, Member States may exempt fuel suppliers supplying electricity or renewable liquid and gaseous transport fuels of non-biological origin from the requirement to comply with the minimum share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX with respect to those fuels.

2.   Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to
  light and heavy duty
  electric vehicles through public recharging stations
  or renewable energy
  shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.
  Member States may decide to include private recharging stations in the mechanism referred to in the first subparagraph provided it can be demonstrated that renewable electricity supplied to those private recharging stations is provided solely to electric vehicles.
  ’;

| (15) | Article 26 is amended as follows:






  (a) | paragraph 1 is amended as follows:






  (i) | the first subparagraph is replaced by the following:
  ‘For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of 7 % of final consumption of energy in the transport sector in that Member State.

  At the request of a Member State, the Commission may allow a derogation from the first subparagraph allowing Member States to exclude bioliquids used for electricity production in outermost regions within the meaning of Article 349 TFEU from the calculation of the ceiling of 7 % of final consumption of energy in the road and rail transport sector referred to in the first subparagraph, provided that such derogation is justified by local specificities. Member States shall make the request for the derogation to the Commission by ... [date of transposition of this amending Directive] and provide up-to-date scientific and technical justifications for such derogation. The Commission shall decide on the request of the Member State within three months of its receipt.’; |
| --- | --- | --- | --- |

(15)

Article 26 is amended as follows:

(a)

paragraph 1 is amended as follows:

(i)

the first subparagraph is replaced by the following:

‘For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of 7 % of final consumption of energy in the transport sector in that Member State.

At the request of a Member State, the Commission may allow a derogation from the first subparagraph allowing Member States to exclude bioliquids used for electricity production in outermost regions within the meaning of Article 349 TFEU from the calculation of the ceiling of 7 % of final consumption of energy in the road and rail transport sector referred to in the first subparagraph, provided that such derogation is justified by local specificities. Member States shall make the request for the derogation to the Commission by ... [date of transposition of this amending Directive] and provide up-to-date scientific and technical justifications for such derogation. The Commission shall decide on the request of the Member State within three months of its receipt.’;

| (i a) | the second subparagraph is replaced by the following:



  ‘Where the share of biofuels and bioliquids referred to in the first subparagraph is below 1 % in a Member State, it may be increased to a maximum of 2 % of the final consumption of energy in the road and rail transport sectors.’; |
| --- | --- |

(i a)

(i a)

the second subparagraph is replaced by the following:

the second subparagraph is replaced by the following:

‘Where the share of biofuels and bioliquids referred to in the first subparagraph is below 1 % in a Member State, it may be increased to a maximum of 2 % of the final consumption of energy in the road and rail transport sectors.’;

| (ii) | the fourth subparagraph is replaced by the following:
  ‘Where the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, produced from food and feed crops in a Member State is limited to a share lower than 7 % or a Member State decides to limit the share further, that Member State may reduce the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), accordingly, in view of the contribution these fuels would have made in terms of greenhouse gas emissions saving. For that purpose, Member States shall consider those fuels save 50 % greenhouse gas emissions.’; |
| --- | --- |

(ii)

the fourth subparagraph is replaced by the following:

‘Where the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, produced from food and feed crops in a Member State is limited to a share lower than 7 % or a Member State decides to limit the share further, that Member State may reduce the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), accordingly, in view of the contribution these fuels would have made in terms of greenhouse gas emissions saving. For that purpose, Member States shall consider those fuels save 50 % greenhouse gas emissions.’;

| (b) | ▌paragraph 2
  is amended as follows:










  (i) | in the
  first and fifth subparagraphs, ‘the minimum share referred to in the first subparagraph of Article 25(1)’ is replaced by ‘the greenhouse gas emission reduction target referred to in Article 25(1), first subparagraph, point (a)’; |
| --- | --- | --- |

(b)

▌paragraph 2
  is amended as follows:

is amended as follows:

(i)

(i)

in the
  first and fifth subparagraphs, ‘the minimum share referred to in the first subparagraph of Article 25(1)’ is replaced by ‘the greenhouse gas emission reduction target referred to in Article 25(1), first subparagraph, point (a)’;

in the

| (ii) | the second subparagraph is replaced by the following:




  ‘By ... [date of entry into force of this amending Directive], that limit shall decrease to 0 %.’ |
| --- | --- |

(ii)

(ii)

the second subparagraph is replaced by the following:

the second subparagraph is replaced by the following:

‘By ... [date of entry into force of this amending Directive], that limit shall decrease to 0 %.’

‘By ... [date of entry into force of this amending Directive], that limit shall decrease to 0 %.’

| (iii) | the following subparagraph is inserted after the fourth subparagraph:




  ‘By 30 June 2023, the Commission shall submit to the European Parliament and to the Council an update of the report on the status of worldwide production expansion of the relevant food and feed crops. That update shall include the most recent data from the last two years with regard to deforestation and high indirect land use change risk feedstocks, and shall address other high risk commodities in the category of high indirect land use change risk feedstocks. For the purposes of the delegated acts referred to in the sixth subparagraph, the maximum share of the average annual expansion of the global production area in high carbon stocks shall be 7,9 %.’; |
| --- | --- |

(iii)

(iii)

the following subparagraph is inserted after the fourth subparagraph:

the following subparagraph is inserted after the fourth subparagraph:

‘By 30 June 2023, the Commission shall submit to the European Parliament and to the Council an update of the report on the status of worldwide production expansion of the relevant food and feed crops. That update shall include the most recent data from the last two years with regard to deforestation and high indirect land use change risk feedstocks, and shall address other high risk commodities in the category of high indirect land use change risk feedstocks. For the purposes of the delegated acts referred to in the sixth subparagraph, the maximum share of the average annual expansion of the global production area in high carbon stocks shall be 7,9 %.’;

‘By 30 June 2023, the Commission shall submit to the European Parliament and to the Council an update of the report on the status of worldwide production expansion of the relevant food and feed crops. That update shall include the most recent data from the last two years with regard to deforestation and high indirect land use change risk feedstocks, and shall address other high risk commodities in the category of high indirect land use change risk feedstocks. For the purposes of the delegated acts referred to in the sixth subparagraph, the maximum share of the average annual expansion of the global production area in high carbon stocks shall be 7,9 %.’;

| (16) | Article 27 is amended as follows:






  (a) | the title is replaced by the following:
  ‘Calculation rules in the transport sector and with regard to renewable fuels of non-biological origin regardless of their end use’; |
| --- | --- | --- |

(16)

Article 27 is amended as follows:

(a)

the title is replaced by the following:

‘Calculation rules in the transport sector and with regard to renewable fuels of non-biological origin regardless of their end use’;

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

  ‘1.   For the calculation of the greenhouse gas intensity reduction referred to in Article 25(1), first subparagraph, point (a), the following rules shall apply:






  (a) | the greenhouse gas emissions savings shall be calculated as follows:






  (i) | for biofuel and biogas, by multiplying the amount of these fuels supplied to all transport modes by their emissions savings determined in accordance with Article 31; |
| --- | --- | --- | --- |

(b)

paragraph 1 is replaced by the following:

‘1.   For the calculation of the greenhouse gas intensity reduction referred to in Article 25(1), first subparagraph, point (a), the following rules shall apply:

(a)

the greenhouse gas emissions savings shall be calculated as follows:

(i)

for biofuel and biogas, by multiplying the amount of these fuels supplied to all transport modes by their emissions savings determined in accordance with Article 31;

| (ii) | for renewable fuels of non-biological origin and recycled carbon fuels, by multiplying the amount of these fuels that is supplied to all transport modes by their emissions savings determined in accordance with delegated acts adopted pursuant to Article 29a(3); |
| --- | --- |

(ii)

for renewable fuels of non-biological origin and recycled carbon fuels, by multiplying the amount of these fuels that is supplied to all transport modes by their emissions savings determined in accordance with delegated acts adopted pursuant to Article 29a(3);

| (iii) | for renewable electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by
  a
  fossil fuel comparator.


  The comparator
  ECF(e) set out in in Annex V 
  shall be used until 31 December 2029. From 1 January 2030 onwards, the comparator EF(t) set out in in Annex V shall be used.




  However, the greenhouse gas emissions savings achieved in 2030 by the use of renewable electricity in transport, calculated in application of the EF(t) comparator, shall constitute an additional contribution of renewable electricity of what was already achieved up until 31 December 2029 with the
  ECF(e)

  comparator for the calculation of emission savings from 2030 onwards. |
| --- | --- |

(iii)

for renewable electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by
  a
  fossil fuel comparator.

The comparator
  ECF(e) set out in in Annex V 
  shall be used until 31 December 2029. From 1 January 2030 onwards, the comparator EF(t) set out in in Annex V shall be used.

However, the greenhouse gas emissions savings achieved in 2030 by the use of renewable electricity in transport, calculated in application of the EF(t) comparator, shall constitute an additional contribution of renewable electricity of what was already achieved up until 31 December 2029 with the
  ECF(e)

  comparator for the calculation of emission savings from 2030 onwards.

| (b) | the baseline referred to in Article 25(1) shall be calculated by multiplying the amount of energy supplied to the transport sector by the fossil fuel comparator EF(t) set out in Annex V; |
| --- | --- |

(b)

the baseline referred to in Article 25(1) shall be calculated by multiplying the amount of energy supplied to the transport sector by the fossil fuel comparator EF(t) set out in Annex V;

| (c) | for the calculation of the relevant amounts of energy, the following rules shall apply:






  (i) | in order to determine the amount of energy supplied to the transport sector, the values regarding the energy content of transport fuels set out in Annex III shall be used; |
| --- | --- | --- |

(c)

for the calculation of the relevant amounts of energy, the following rules shall apply:

(i)

in order to determine the amount of energy supplied to the transport sector, the values regarding the energy content of transport fuels set out in Annex III shall be used;

| (ii) | in order to determine the energy content of transport fuels not included in Annex III, the Member States shall use the relevant European standards for the determination of the calorific values of fuels. Where no European standard has been adopted for that purpose, the relevant ISO standards shall be used; |
| --- | --- |

(ii)

in order to determine the energy content of transport fuels not included in Annex III, the Member States shall use the relevant European standards for the determination of the calorific values of fuels. Where no European standard has been adopted for that purpose, the relevant ISO standards shall be used;

| (iii) | the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the Member State in the two previous years. By way of exception, where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector, that electricity shall be fully counted as renewable; |
| --- | --- |

(iii)

the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the Member State in the two previous years. By way of exception, where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector, that electricity shall be fully counted as renewable;

| (iv) | the share of biofuels and biogas produced from the feedstock listed in Part B of Annex IX in the energy content of fuels and electricity supplied to the transport sector shall, except in Cyprus and Malta, be limited to 1,7 %;

  If the list of feedstock set out in Part B of Annex IX is amended in accordance with Article 28(6), the cap of such biofuels and biogas shall be increased accordingly and shall be based on an impact assessment by the Commission. |
| --- | --- |

(iv)

the share of biofuels and biogas produced from the feedstock listed in Part B of Annex IX in the energy content of fuels and electricity supplied to the transport sector shall, except in Cyprus and Malta, be limited to 1,7 %;

| (d) | the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels, biogas and renewable electricity supplied to all transport modes by the baseline.
  The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by adapting the energy content of transport fuels, as set out in Annex III, in accordance with scientific and technical progress;’; |
| --- | --- |

(d)

the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels, biogas and renewable electricity supplied to all transport modes by the baseline.

The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by adapting the energy content of transport fuels, as set out in Annex III, in accordance with scientific and technical progress;’;

| (c) | the following paragraph 1a is inserted:

  ‘1a.   For the calculation of the targets referred to in Article 25(1), first subparagraph, point (b), the following rules shall apply:






  (a) | for the calculation of the denominator, that is the amount of energy consumed in the transport sector, all fuels and electricity supplied to the transport sector shall be taken into account; |
| --- | --- | --- |

(c)

the following paragraph 1a is inserted:

‘1a.   For the calculation of the targets referred to in Article 25(1), first subparagraph, point (b), the following rules shall apply:

(a)

for the calculation of the denominator, that is the amount of energy consumed in the transport sector, all fuels and electricity supplied to the transport sector shall be taken into account;

| (b) | for the calculation of the numerator, the energy content of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and renewable fuels of non-biological origin supplied to all transport modes in the territory of the Union shall be taken into account; |
| --- | --- |

(b)

for the calculation of the numerator, the energy content of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and renewable fuels of non-biological origin supplied to all transport modes in the territory of the Union shall be taken into account;

| (c) | the shares of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and of renewable fuels of non-biological origin supplied in the aviation and maritime modes shall be considered to be 1,2 times their energy content.’; |
| --- | --- |

(c)

the shares of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and of renewable fuels of non-biological origin supplied in the aviation and maritime modes shall be considered to be 1,2 times their energy content.’;

| (d) | paragraph 2 is deleted; |
| --- | --- |

(d)

paragraph 2 is deleted;

| (e) | paragraph 3 is
  replaced by the following
  :



  ‘3.
     
  Where electricity is used for the production of renewable fuels of non- biological origin, either directly or for the production of intermediate products, the average share of electricity from renewable sources in the country of production, as measured two years before the year in question, shall be used to determine the share of renewable energy.




  Electricity obtained from direct connection to one or several installations generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non- biological origin, provided that the installation demonstrates that the electricity concerned has been supplied without taking electricity from the grid.




  Electricity that has been taken from the grid may be counted as fully renewable provided that it is produced exclusively from renewable sources and the renewable properties and other appropriate criteria have been demonstrated, ensuring that the renewable properties of that electricity are claimed only once and only in one end-use sector.




  This can be fulfilled by complying with the following requirements
  :








  (a) | to demonstrate the renewable properties, fuel producers should be required to conclude one or more renewable power purchase agreements with installations generating electricity for an amount that is at least equivalent to the amount of electricity that is claimed as fully renewable. |
| --- | --- | --- |

(e)

paragraph 3 is
  replaced by the following
  :

replaced by the following

‘3.
     
  Where electricity is used for the production of renewable fuels of non- biological origin, either directly or for the production of intermediate products, the average share of electricity from renewable sources in the country of production, as measured two years before the year in question, shall be used to determine the share of renewable energy.

Electricity obtained from direct connection to one or several installations generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non- biological origin, provided that the installation demonstrates that the electricity concerned has been supplied without taking electricity from the grid.

Electricity that has been taken from the grid may be counted as fully renewable provided that it is produced exclusively from renewable sources and the renewable properties and other appropriate criteria have been demonstrated, ensuring that the renewable properties of that electricity are claimed only once and only in one end-use sector.

This can be fulfilled by complying with the following requirements
  :

(a)

to demonstrate the renewable properties, fuel producers should be required to conclude one or more renewable power purchase agreements with installations generating electricity for an amount that is at least equivalent to the amount of electricity that is claimed as fully renewable.

| (b) | the balance between the renewable electricity purchased through one or several power purchase agreements and the amount of electricity taken from the grid to produce the fuel shall be achieved on a quarterly basis in order for the production to be fully qualified as renewable fuel of non-biological origin. |
| --- | --- |

(b)

the balance between the renewable electricity purchased through one or several power purchase agreements and the amount of electricity taken from the grid to produce the fuel shall be achieved on a quarterly basis in order for the production to be fully qualified as renewable fuel of non-biological origin.

From 1 January 2030, the balance between the renewable electricity purchased through one or several power purchase agreements and the amount of electricity taken from the grid to produce the fuel shall be achieved either on a monthly, quarterly or yearly basis in order for the production to be fully qualified as renewable fuel of non-biological origin. The temporal correlation shall depend on an assessment carried out by the Commission. This requirement shall apply to all existing plants, including the ones commissioned before 2030.

With regard to the location of the electrolyser, at least one of the following conditions shall be fulfilled:

| (a) | the installation generating renewable electricity under the renewables power purchase agreement is located in the same country as the electrolyser or in a neighbouring country; or |
| --- | --- |

(a)

the installation generating renewable electricity under the renewables power purchase agreement is located in the same country as the electrolyser or in a neighbouring country; or

| (b) | the installation generating renewable electricity under the renewables power purchase agreement is located in an offshore bidding zone adjacent to the country where the electrolyser is located or in a neighbouring country. |
| --- | --- |

(b)

the installation generating renewable electricity under the renewables power purchase agreement is located in an offshore bidding zone adjacent to the country where the electrolyser is located or in a neighbouring country.

Electricity that has been taken or reinjected from an energy storage facility from the grid may be counted as fully renewable provided that it is produced exclusively from renewable sources and the renewable properties and other appropriate criteria have been demonstrated, ensuring that the renewable properties of that electricity are claimed only once and only in one end-use sector [Am. 13].

Electricity generated by a solar-electric vehicle and used for the movement of the vehicle itself may be counted as fully renewable.’ [Am. 32];

| (17) | Article 28 is amended as follows:






  (a) | paragraphs 2, 3 and 4 are deleted. |
| --- | --- | --- |

(17)

Article 28 is amended as follows:

(a)

paragraphs 2, 3 and 4 are deleted.

| (b) | paragraph 5 is replaced by the following:
  ‘By 31 December 2024, the Commission shall adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology to determine the share of biofuel, and biogas for transport, resulting from biomass being processed with fossil fuels in a common process.’; |
| --- | --- |

(b)

paragraph 5 is replaced by the following:

‘By 31 December 2024, the Commission shall adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology to determine the share of biofuel, and biogas for transport, resulting from biomass being processed with fossil fuels in a common process.’;

| (ba) | in paragraph 6, points (c) and (d) are replaced by the following:










  ‘(c) | the need to avoid significant distortive effects on markets for (by-)products, wastes or residues, taking into account the future availability of raw materials and the need to avoid market distortion leading to massive imports of raw materials; |
| --- | --- | --- |

(ba)

(ba)

in paragraph 6, points (c) and (d) are replaced by the following:

in paragraph 6, points (c) and (d) are replaced by the following:

‘(c)

‘(c)

the need to avoid significant distortive effects on markets for (by-)products, wastes or residues, taking into account the future availability of raw materials and the need to avoid market distortion leading to massive imports of raw materials;

the need to avoid significant distortive effects on markets for (by-)products, wastes or residues, taking into account the future availability of raw materials and the need to avoid market distortion leading to massive imports of raw materials;

| (d) | the potential for delivering substantial greenhouse gas emissions savings compared to fossil fuels based on a life- cycle assessment of emissions, taking into account available volumes of feedstock and share of pre-existing competing industrial uses with due regard to national specificities;’; |
| --- | --- |

(d)

(d)

the potential for delivering substantial greenhouse gas emissions savings compared to fossil fuels based on a life- cycle assessment of emissions, taking into account available volumes of feedstock and share of pre-existing competing industrial uses with due regard to national specificities;’;

the potential for delivering substantial greenhouse gas emissions savings compared to fossil fuels based on a life- cycle assessment of emissions, taking into account available volumes of feedstock and share of pre-existing competing industrial uses with due regard to national specificities;’;

| (c) | in paragraph 7, ‘laid down in the fourth subparagraph of Article 25(1)’ is replaced by ‘laid down in Article 25(1), first subparagraph, point (b)’; |
| --- | --- |

(c)

in paragraph 7, ‘laid down in the fourth subparagraph of Article 25(1)’ is replaced by ‘laid down in Article 25(1), first subparagraph, point (b)’;

| (18) | Article 29 is amended as follows:






  (a) | paragraph 1 is amended as follows:








  (-i) | in the first subparagraph, the introductory wording is replaced by the following:




  ‘Energy from biofuels, bioliquids and biomass fuels shall be taken into account for the purposes referred to in points (a), (b) and (c) of this subparagraph only if they fulfil the sustainability and the greenhouse gas emissions saving criteria laid down in paragraphs 2 to 7 and 10 of this Article, and if they take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in Article 3;’ [Am. 43]; |
| --- | --- | --- | --- |

(18)

Article 29 is amended as follows:

(a)

paragraph 1 is amended as follows:

(-i)

(-i)

in the first subparagraph, the introductory wording is replaced by the following:

in the first subparagraph, the introductory wording is replaced by the following:

‘Energy from biofuels, bioliquids and biomass fuels shall be taken into account for the purposes referred to in points (a), (b) and (c) of this subparagraph only if they fulfil the sustainability and the greenhouse gas emissions saving criteria laid down in paragraphs 2 to 7 and 10 of this Article, and if they take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in Article 3;’ [Am. 43];

‘Energy from biofuels, bioliquids and biomass fuels shall be taken into account for the purposes referred to in points (a), (b) and (c) of this subparagraph only if they fulfil the sustainability and the greenhouse gas emissions saving criteria laid down in paragraphs 2 to 7 and 10 of this Article, and if they take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in Article 3;’

| (i) | in the first subparagraph, point (a) is replaced by the following:






  ‘(a) | contributing towards the renewable energy shares of Member States and the targets referred to in Articles 3(1),15a(1), 22a(1), 23(1), 24(4), and 25(1) of this Directive;’; |
| --- | --- | --- |

(i)

in the first subparagraph, point (a) is replaced by the following:

‘(a)

contributing towards the renewable energy shares of Member States and the targets referred to in Articles 3(1),15a(1), 22a(1), 23(1), 24(4), and 25(1) of this Directive;’;

| (ia) | the following subparagraph is inserted after the first subparagraph:




  ‘Energy from solid biomass fuels shall not be taken into account for the purposes referred to in points (b) and (c) of the first subparagraph if these are derived from primary woody biomass as defined in Article 2 of this Directive. For the purpose of contributing towards the renewables target referred to in Article 3(1), the energy share from solid biomass fuels derived from primary woody biomass as defined in Article 2 of this Directive shall be no more than the share of the overall energy consumption of the average of such fuel in 2017 — 2022 based on the latest available data.’ [Am. 44]; |
| --- | --- |

(ia)

(ia)

the following subparagraph is inserted after the first subparagraph:

the following subparagraph is inserted after the first subparagraph:

‘Energy from solid biomass fuels shall not be taken into account for the purposes referred to in points (b) and (c) of the first subparagraph if these are derived from primary woody biomass as defined in Article 2 of this Directive. For the purpose of contributing towards the renewables target referred to in Article 3(1), the energy share from solid biomass fuels derived from primary woody biomass as defined in Article 2 of this Directive shall be no more than the share of the overall energy consumption of the average of such fuel in 2017 — 2022 based on the latest available data.’ [Am. 44];

‘Energy from solid biomass fuels shall not be taken into account for the purposes referred to in points (b) and (c) of the first subparagraph if these are derived from primary woody biomass as defined in Article 2 of this Directive. For the purpose of contributing towards the renewables target referred to in Article 3(1), the energy share from solid biomass fuels derived from primary woody biomass as defined in Article 2 of this Directive shall be no more than the share of the overall energy consumption of the average of such fuel in 2017 — 2022 based on the latest available data.’

| (ib) | the second subparagraph is replaced by the following:




  ‘However, biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, are required to fulfil only the greenhouse gas emissions saving criteria laid down in paragraph 10 in order to be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph. In the case of the use of mixed wastes, however, the operators are required to apply mixed waste sorting systems of defined quality aimed at removing fossil materials. This subparagraph shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.’; |
| --- | --- |

(ib)

(ib)

the second subparagraph is replaced by the following:

the second subparagraph is replaced by the following:

‘However, biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, are required to fulfil only the greenhouse gas emissions saving criteria laid down in paragraph 10 in order to be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph. In the case of the use of mixed wastes, however, the operators are required to apply mixed waste sorting systems of defined quality aimed at removing fossil materials. This subparagraph shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.’;

‘However, biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, are required to fulfil only the greenhouse gas emissions saving criteria laid down in paragraph 10 in order to be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph. In the case of the use of mixed wastes, however, the operators are required to apply mixed waste sorting systems of defined quality aimed at removing fossil materials. This subparagraph shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.’;

| (ii) | the fourth subparagraph is replaced by the following:
  ‘Biomass fuels shall fulfil the sustainability and greenhouse gas emissions saving criteria laid down in paragraphs 2 to 7 and 10 if used,






  — | (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding
  7,5
   MW, |
| --- | --- | --- |

(ii)

the fourth subparagraph is replaced by the following:

‘Biomass fuels shall fulfil the sustainability and greenhouse gas emissions saving criteria laid down in paragraphs 2 to 7 and 10 if used,

—

(a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding
  7,5
   MW,

7,5

| — | (b) in the case of gaseous biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 2 MW, |
| --- | --- |

—

(b) in the case of gaseous biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 2 MW,

| — | (c) in the case of installations producing gaseous biomass fuels with the following average biomethane flow rate:






  (i) | above 
  500
  m3 methane equivalent/h measured at standard conditions of temperature and pressure (i.e. 0 oC and 1 bar atmospheric pressure); |
| --- | --- | --- |

—

(c) in the case of installations producing gaseous biomass fuels with the following average biomethane flow rate:

(i)

above 
  500
  m3 methane equivalent/h measured at standard conditions of temperature and pressure (i.e. 0 oC and 1 bar atmospheric pressure);

500

o

| (ii) | if biogas is composed of a mixture of methane and non-combustible other gases, for the methane flow rate, the threshold set out in point (i), recalculated proportionally to the volumetric share of methane in the mixture.’; |
| --- | --- |

(ii)

if biogas is composed of a mixture of methane and non-combustible other gases, for the methane flow rate, the threshold set out in point (i), recalculated proportionally to the volumetric share of methane in the mixture.’;

.’;

| (iii) | the following subparagraph is inserted after the fourth subparagraph:
  ‘Member States may apply the sustainability and greenhouse gas emissions saving criteria to installations with lower total rated thermal input or biomethane flow rate.’; |
| --- | --- |

(iii)

the following subparagraph is inserted after the fourth subparagraph:

‘Member States may apply the sustainability and greenhouse gas emissions saving criteria to installations with lower total rated thermal input or biomethane flow rate.’;

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




  ‘Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained from land with a high biodiversity value, namely land that had one of the following statuses in or after January 2008, whether or not the land continues to have that status:










  (a) | primary and old-growth forest and other wooded land, namely forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed; |
| --- | --- | --- |

(aa)

(aa)

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

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

‘Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained from land with a high biodiversity value, namely land that had one of the following statuses in or after January 2008, whether or not the land continues to have that status:

‘Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained from land with a high biodiversity value, namely land that had one of the following statuses in or after January 2008, whether or not the land continues to have that status:

(a)

(a)

primary and old-growth forest and other wooded land, namely forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;

primary and old-growth forest and other wooded land, namely forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;

| (b) | highly biodiverse forest and other wooded land which is species rich and not degraded, and has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes; |
| --- | --- |

(b)

(b)

highly biodiverse forest and other wooded land which is species rich and not degraded, and has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes;

highly biodiverse forest and other wooded land which is species rich and not degraded, and has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes;

| (c) | areas designated:










  (i) | by law or by the relevant competent authority for nature protection purposes; or |
| --- | --- | --- |

(c)

(c)

areas designated:

areas designated:

(i)

(i)

by law or by the relevant competent authority for nature protection purposes; or

by law or by the relevant competent authority for nature protection purposes; or

| (ii) | for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature, subject to their recognition in accordance with the first subparagraph of Article 30(4), unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes; |
| --- | --- |

(ii)

(ii)

for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature, subject to their recognition in accordance with the first subparagraph of Article 30(4), unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes;

for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature, subject to their recognition in accordance with the first subparagraph of Article 30(4), unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes;

| (d) | highly biodiverse grassland spanning more than one hectare that is:










  (i) | natural, namely grassland that would remain grassland in the absence of human intervention and that maintains the natural species composition and ecological characteristics and processes; or |
| --- | --- | --- |

(d)

(d)

highly biodiverse grassland spanning more than one hectare that is:

highly biodiverse grassland spanning more than one hectare that is:

(i)

(i)

natural, namely grassland that would remain grassland in the absence of human intervention and that maintains the natural species composition and ecological characteristics and processes; or

natural, namely grassland that would remain grassland in the absence of human intervention and that maintains the natural species composition and ecological characteristics and processes; or

| (ii) | non natural, namely grassland that would cease to be grassland in the absence of human intervention and that is speciesrich and not degraded and has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland. |
| --- | --- |

(ii)

(ii)

non natural, namely grassland that would cease to be grassland in the absence of human intervention and that is speciesrich and not degraded and has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland.

non natural, namely grassland that would cease to be grassland in the absence of human intervention and that is speciesrich and not degraded and has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland.

| (iii) | heathland that maintains the natural species composition and ecological characteristics and processes.
  ’; |
| --- | --- |

(iii)

(iii)

heathland that maintains the natural species composition and ecological characteristics and processes.
  ’;

heathland that maintains the natural species composition and ecological characteristics and processes.

| (b) | in paragraph 3, the following subparagraph is inserted after the first subparagraph:
  ‘This paragraph, with the exception of the first subparagraph, point (c), also applies to biofuels, bioliquids and biomass fuels produced from forest biomass.’; |
| --- | --- |

(b)

in paragraph 3, the following subparagraph is inserted after the first subparagraph:

‘This paragraph, with the exception of the first subparagraph, point (c), also applies to biofuels, bioliquids and biomass fuels produced from forest biomass.’;

| (c) | ▌paragraph 4
  is replaced by the following
  :

  ‘
  4.
     
  Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained from land with high carbon stock, namely land that had one of the following statuses in January 2008 and no longer has that status:










  (a) | wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year; |
| --- | --- | --- |

(c)

▌paragraph 4
  is replaced by the following
  :

is replaced by the following

‘
  4.
     
  Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained from land with high carbon stock, namely land that had one of the following statuses in January 2008 and no longer has that status:

(a)

wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year;

| (b) | continuously forested areas, namely land spanning more than one hectare with trees higher than five metres and a canopy cover of more than 30 %, or trees able to reach those thresholds in situ; |
| --- | --- |

(b)

continuously forested areas, namely land spanning more than one hectare with trees higher than five metres and a canopy cover of more than 30 %, or trees able to reach those thresholds in situ;

| (c) | land spanning more than one hectare with trees higher than five metres and a canopy cover of between 10 % and 30 %, or trees able to reach those thresholds in situ, unless evidence is provided that the carbon stock of the area before and after conversion is such that, when the methodology laid down in Part C of Annex V is applied, the conditions laid down in paragraph 10 of this Article would be fulfilled; |
| --- | --- |

(c)

land spanning more than one hectare with trees higher than five metres and a canopy cover of between 10 % and 30 %, or trees able to reach those thresholds in situ, unless evidence is provided that the carbon stock of the area before and after conversion is such that, when the methodology laid down in Part C of Annex V is applied, the conditions laid down in paragraph 10 of this Article would be fulfilled;

| (ca) | heathland that maintains the natural species composition and ecological characteristics and processes
  . |
| --- | --- |

(ca)

heathland that maintains the natural species composition and ecological characteristics and processes
  .

This paragraph shall not apply if, at the time the raw material was obtained, the land had the same status as it had in January 2008.

The first subparagraph, with the exception of points (b) and (c), and the second subparagraph also apply to biofuels, bioliquids and biomass fuels produced from forest biomass.’;

| (d) | paragraph 5 is replaced by the following:

  ‘5.   Biofuels, bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in paragraph 1, first subparagraph, points (a), (b) and (c), shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil
  and compliance on national or subnational level, in line with the criteria to minimise the risk of using forest biomass derived from unsustainable production referred to in paragraph 6, can be reported by competent national authority
  .’; |
| --- | --- |

(d)

paragraph 5 is replaced by the following:

‘5.   Biofuels, bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in paragraph 1, first subparagraph, points (a), (b) and (c), shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil
  and compliance on national or subnational level, in line with the criteria to minimise the risk of using forest biomass derived from unsustainable production referred to in paragraph 6, can be reported by competent national authority
  .’;

| (da) | the following paragraph is inserted:





  ‘5a.
     
  Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained in a country that is not Party to the Paris Agreement’; |
| --- | --- |

(da)

(da)

the following paragraph is inserted:

the following paragraph is inserted:

‘5a.
     
  Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained in a country that is not Party to the Paris Agreement’;

| (e) | in paragraph 6,
  the
  first subparagraph
  is amended as follows:










  (i) | the introductory wording is replaced by the following:




  ‘Biofuels, bioliquids and biomass fuels produced from forest biomass, taken into account for the purposes referred to in points (b) and (c) of the first subparagraph of paragraph 1 shall not be derived from primary woody biomass, take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in Article 3, and shall meet the following criteria to minimise the risk of using woody biomass derived from unsustainable production. For the purpose of contributing towards the renewable targets referred to in Article 3(1) the energy share from biofuels, bioliquids and biomass fuels derived from primary woody biomass as defined in Article 2 of this Directive shall be no more than the share of the overall energy consumption of the average of such fuels in 2017 — 2022 based on the latest available data.’ [Am. 45]; |
| --- | --- | --- |

(e)

in paragraph 6,
  the
  first subparagraph
  is amended as follows:

the

is amended as follows:

(i)

(i)

the introductory wording is replaced by the following:

the introductory wording is replaced by the following:

‘Biofuels, bioliquids and biomass fuels produced from forest biomass, taken into account for the purposes referred to in points (b) and (c) of the first subparagraph of paragraph 1 shall not be derived from primary woody biomass, take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in Article 3, and shall meet the following criteria to minimise the risk of using woody biomass derived from unsustainable production. For the purpose of contributing towards the renewable targets referred to in Article 3(1) the energy share from biofuels, bioliquids and biomass fuels derived from primary woody biomass as defined in Article 2 of this Directive shall be no more than the share of the overall energy consumption of the average of such fuels in 2017 — 2022 based on the latest available data.’ [Am. 45];

‘Biofuels, bioliquids and biomass fuels produced from forest biomass, taken into account for the purposes referred to in points (b) and (c) of the first subparagraph of paragraph 1 shall not be derived from primary woody biomass, take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in Article 3, and shall meet the following criteria to minimise the risk of using woody biomass derived from unsustainable production. For the purpose of contributing towards the renewable targets referred to in Article 3(1) the energy share from biofuels, bioliquids and biomass fuels derived from primary woody biomass as defined in Article 2 of this Directive shall be no more than the share of the overall energy consumption of the average of such fuels in 2017 — 2022 based on the latest available data.’

| (ii) | in point (a), point (iii) is replaced by the following:










  ‘(iii) | that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands, grassland, heathland and peatlands, are protected with the aim of preserving biodiversity and to prevent habitat destruction as set out in Directives 2009/147/EC and 92/43/EEC, the environmental status of oceans as set out in Directive 2008/56/EC as well as the ecological status of rivers as set out in Directive 2000/60/EC;’; |
| --- | --- | --- |

(ii)

(ii)

in point (a), point (iii) is replaced by the following:

in point (a), point (iii) is replaced by the following:

‘(iii)

‘(iii)

that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands, grassland, heathland and peatlands, are protected with the aim of preserving biodiversity and to prevent habitat destruction as set out in Directives 2009/147/EC and 92/43/EEC, the environmental status of oceans as set out in Directive 2008/56/EC as well as the ecological status of rivers as set out in Directive 2000/60/EC;’;

that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands, grassland, heathland and peatlands, are protected with the aim of preserving biodiversity and to prevent habitat destruction as set out in Directives 2009/147/EC and 92/43/EEC, the environmental status of oceans as set out in Directive 2008/56/EC as well as the ecological status of rivers as set out in Directive 2000/60/EC;’;

| (
  iii
  ) | in
  point (a), point (iv) is replaced by the following:






  ‘(iv) | that harvesting is carried out
  ensuring
  maintenance of soil quality and biodiversity with the aim of
  preventing
  negative impacts, in a way that
  prevents
  harvesting of stumps and roots
  not suitable for material use e.g. through the use of sustainable forest management practices
  , degradation of primary
  and old-growth
  forests or their conversion into plantation forests, and harvesting on vulnerable soils;
  prevents
  clear-cuts
  , unless this leads to favourable and appropriate ecosystem conditions
  , ensures locally
  and ecologically
  appropriate thresholds for deadwood extraction, and
  ensures
  requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:’; |
| --- | --- | --- |

(
  iii
  )

iii

in
  point (a), point (iv) is replaced by the following:

in

‘(iv)

that harvesting is carried out
  ensuring
  maintenance of soil quality and biodiversity with the aim of
  preventing
  negative impacts, in a way that
  prevents
  harvesting of stumps and roots
  not suitable for material use e.g. through the use of sustainable forest management practices
  , degradation of primary
  and old-growth
  forests or their conversion into plantation forests, and harvesting on vulnerable soils;
  prevents
  clear-cuts
  , unless this leads to favourable and appropriate ecosystem conditions
  , ensures locally
  and ecologically
  appropriate thresholds for deadwood extraction, and
  ensures
  requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:’;

ensuring

preventing

prevents

not suitable for material use e.g. through the use of sustainable forest management practices

and old-growth

prevents

, unless this leads to favourable and appropriate ecosystem conditions

and ecologically

ensures

| (v) | in ▌point (b), point (iv) is replaced by the following:






  ‘(iv) | that harvesting is carried out
  ensuring
  maintenance of soil quality and biodiversity with the aim of
  preventing
  negative impacts, in a way that
  prevents
  harvesting of stumps and roots
  not suitable for material use e.g. through the use of sustainable forest management practices
  , degradation of primary
  and old-growth
  forests or their conversion into plantation forests, and harvesting on vulnerable soils;
  prevents
  clear-cuts
  , unless this leads to favourable and appropriate ecosystem conditions,
  ensures locally
  and ecologically
  appropriate thresholds for deadwood extraction, and
  ensures
  requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:’; |
| --- | --- | --- |

(v)

(v)

in ▌point (b), point (iv) is replaced by the following:

‘(iv)

that harvesting is carried out
  ensuring
  maintenance of soil quality and biodiversity with the aim of
  preventing
  negative impacts, in a way that
  prevents
  harvesting of stumps and roots
  not suitable for material use e.g. through the use of sustainable forest management practices
  , degradation of primary
  and old-growth
  forests or their conversion into plantation forests, and harvesting on vulnerable soils;
  prevents
  clear-cuts
  , unless this leads to favourable and appropriate ecosystem conditions,
  ensures locally
  and ecologically
  appropriate thresholds for deadwood extraction, and
  ensures
  requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:’;

ensuring

preventing

prevents

not suitable for material use e.g. through the use of sustainable forest management practices

and old-growth

prevents

, unless this leads to favourable and appropriate ecosystem conditions,

and ecologically

ensures

| (fa) | the following paragraph is inserted:



  ‘
  7a.
     
  Biofuels, bioliquids and biomass fuels produced from forest biomass shall not exceed the cap defined at national level for the use of forest biomass that is consistent with the Member State’s targets on carbon sink growth as defined in Regulation ... [the revised Regulation 2018/841].
  ’; |
| --- | --- |

(fa)

(fa)

the following paragraph is inserted:

the following paragraph is inserted:

‘
  7a.
     
  Biofuels, bioliquids and biomass fuels produced from forest biomass shall not exceed the cap defined at national level for the use of forest biomass that is consistent with the Member State’s targets on carbon sink growth as defined in Regulation ... [the revised Regulation 2018/841].
  ’;

| (g) | in paragraph 10, first subparagraph, point (d) is replaced by the following:






  ‘(d) | at least 70 % for electricity, heating and cooling production from biomass fuels used in installations
  starting operations from 1 January 2021
  until 31 December 2025, and at least
  85 % for installations starting operations
  from 1 January 2026.’[Am. 46]; |
| --- | --- | --- |

(g)

in paragraph 10, first subparagraph, point (d) is replaced by the following:

‘(d)

at least 70 % for electricity, heating and cooling production from biomass fuels used in installations
  starting operations from 1 January 2021
  until 31 December 2025, and at least
  85 % for installations starting operations
  from 1 January 2026.’[Am. 46];

starting operations from 1 January 2021

85 % for installations starting operations

[Am. 46]

| (ga) | in paragraph 11, the introductory wording is replaced by the following:



  ‘11.   
  Electricity from biomass fuels shall be taken into account for the purposes referred to in points (b) and (c) of the first subparagraph of paragraph 1 only if the fuels in use do not include primary woody biomass and it meets one or more of the following requirements. For the purpose of contributing towards the renewable targets referred to in Article 3(1) the electricity share from biomass fuels derived from primary woody biomass as defined in Article 2 of this Directive shall be no more than the share of the overall electricity consumption of the average of such fuels in 2017 — 2022 based on the latest available data.
  ’[Am. 47]; |
| --- | --- |

(ga)

(ga)

in paragraph 11, the introductory wording is replaced by the following:

in paragraph 11, the introductory wording is replaced by the following:

‘11.   
  Electricity from biomass fuels shall be taken into account for the purposes referred to in points (b) and (c) of the first subparagraph of paragraph 1 only if the fuels in use do not include primary woody biomass and it meets one or more of the following requirements. For the purpose of contributing towards the renewable targets referred to in Article 3(1) the electricity share from biomass fuels derived from primary woody biomass as defined in Article 2 of this Directive shall be no more than the share of the overall electricity consumption of the average of such fuels in 2017 — 2022 based on the latest available data.
  ’[Am. 47];

| (gb) | paragraph 13 is replaced by the following:



  ‘13.   For the purposes referred in ▌the first subparagraph of paragraph 1 of this Article, Member States may derogate, for a limited period of time, from the criteria laid down in paragraphs 2 to 7 and 10 and 11 of this Article by adopting different criteria for:






  (a) | installations located in an outermost region as referred to in Article 349 TFEU to the extent that such facilities produce electricity or heating or cooling from biomass fuels
  and bioliquids, and for biofuels especially for the space sector and related astrophysics activities
  ; and |
| --- | --- | --- |

(gb)

(gb)

paragraph 13 is replaced by the following:

paragraph 13 is replaced by the following:

‘13.   For the purposes referred in ▌the first subparagraph of paragraph 1 of this Article, Member States may derogate, for a limited period of time, from the criteria laid down in paragraphs 2 to 7 and 10 and 11 of this Article by adopting different criteria for:

(a)

installations located in an outermost region as referred to in Article 349 TFEU to the extent that such facilities produce electricity or heating or cooling from biomass fuels
  and bioliquids, and for biofuels especially for the space sector and related astrophysics activities
  ; and

| (b) | biomass fuels
  and bioliquids
  used in the installations
  and biofuels especially used in the space sector and related astrophysics activities
  referred to in point (a) of this subparagraph, irrespective of the place of origin of that biomass, provided that such criteria are objectively justified on the grounds that their aim is to ensure, for that outermost region,
  access to safe and secured energy and
  incentivise the transition from fossil fuels to sustainable biomass fuels
  and bioliquids
  . |
| --- | --- |

(b)

biomass fuels
  and bioliquids
  used in the installations
  and biofuels especially used in the space sector and related astrophysics activities
  referred to in point (a) of this subparagraph, irrespective of the place of origin of that biomass, provided that such criteria are objectively justified on the grounds that their aim is to ensure, for that outermost region,
  access to safe and secured energy and
  incentivise the transition from fossil fuels to sustainable biomass fuels
  and bioliquids
  .

Bioliquids, biofuels and biomass fuels produced from primary woody biomass extracted in a sustainable manner and resulting from land use planning in an outermost region where forests cover at least 90 % of the territory of that outermost region shall be taken into account for the purposes referred to in point (a), (b) and (c) of the first subparagraph of Article 29.

In order to ensure energy security in the outermost regions, Member States may continue to grant support to the production of electricity from forest biomass in electricity-only-installations located in outermost regions as referred to in Article 349 TFEU. [Am. 33]’

| (gc) | paragraph 14 is replaced by the following:



  ‘14.   For the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1, Member States may establish additional sustainability criteria for
  biofuels, bioliquids and
  biomass fuels.’; |
| --- | --- |

(gc)

(gc)

paragraph 14 is replaced by the following:

paragraph 14 is replaced by the following:

‘14.   For the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1, Member States may establish additional sustainability criteria for
  biofuels, bioliquids and
  biomass fuels.’;

| (19) | the following Article 29a is inserted:

  ‘Article 29a

  Greenhouse gas emissions saving criteria for renewable fuels of non-biological origin and recycled carbon fuels


  1.   Energy from renewable fuels of non-biological origin shall be counted towards Member States’ shares of renewable energy and the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1) only if the greenhouse gas emissions savings from the use of those fuels are at least 70 %.


  2.   Energy from recycled carbon fuels may be counted towards the greenhouse gas emissions reduction target referred to in Article 25(1), first subparagraph, point (a), only if the greenhouse gas emissions savings from the use of those fuels are at least 70 %.


  3.   The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for CO2 the capture of which has already received an emission credit under other provisions of law.
  The carbon content of the wastes and their release to the atmosphere shall be included in the methodology.




  In any event, the methodology for assessing greenhouse gas emissions savings from recycled carbon fuels shall consider, in a life-cycle approach, the embedded carbon.’; |
| --- | --- |

(19)

the following Article 29a is inserted:

‘Article 29a

Greenhouse gas emissions saving criteria for renewable fuels of non-biological origin and recycled carbon fuels

1.   Energy from renewable fuels of non-biological origin shall be counted towards Member States’ shares of renewable energy and the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1) only if the greenhouse gas emissions savings from the use of those fuels are at least 70 %.

2.   Energy from recycled carbon fuels may be counted towards the greenhouse gas emissions reduction target referred to in Article 25(1), first subparagraph, point (a), only if the greenhouse gas emissions savings from the use of those fuels are at least 70 %.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for CO2 the capture of which has already received an emission credit under other provisions of law.
  The carbon content of the wastes and their release to the atmosphere shall be included in the methodology.

In any event, the methodology for assessing greenhouse gas emissions savings from recycled carbon fuels shall consider, in a life-cycle approach, the embedded carbon.’;

| (19a) | the following Article 29b is inserted:





  ‘Article 29b




  Sustainability criteria for hydropower plants




  Energy generated by hydropower shall be produced at a plant which in accordance with Directive 2000/60/EC and in particular Articles 4 and 11 of that Directive has implemented all technically feasible and ecologically relevant mitigation measures to reduce adverse impacts on water as well measures to enhance protected habitats and species directly dependent on water.’; |
| --- | --- |

(19a)

(19a)

the following Article 29b is inserted:

the following Article 29b is inserted:

‘Article 29b

Sustainability criteria for hydropower plants

Energy generated by hydropower shall be produced at a plant which in accordance with Directive 2000/60/EC and in particular Articles 4 and 11 of that Directive has implemented all technically feasible and ecologically relevant mitigation measures to reduce adverse impacts on water as well measures to enhance protected habitats and species directly dependent on water.’;

| (20) | Article 30 is amended as follows:






  (a) | in paragraph 1, first subparagraph, the introductory phrase is replaced by the following:
  ‘Where renewable fuels and recycled carbon fuels are to be counted towards the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1), Member States shall require economic operators to show
  via mandatory independent and publicly available audits
  that the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2) for renewable fuels and recycled-carbon fuels have been fulfilled. For that purpose, they shall require economic operators to use a mass balance system which:’; |
| --- | --- | --- |

(20)

Article 30 is amended as follows:

(a)

in paragraph 1, first subparagraph, the introductory phrase is replaced by the following:

‘Where renewable fuels and recycled carbon fuels are to be counted towards the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1), Member States shall require economic operators to show
  via mandatory independent and publicly available audits
  that the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2) for renewable fuels and recycled-carbon fuels have been fulfilled. For that purpose, they shall require economic operators to use a mass balance system which:’;

via mandatory independent and publicly available audits

| (b) | in paragraph 3, the first and second subparagraphs are replaced by the following:
  ‘Member States shall take measures to ensure that economic operators submit reliable information regarding the compliance with the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2),
  take into account EU biodiversity targets,
  and that economic operators make available to the relevant Member State, upon request,
  and to the public
  the data used to develop that information.
  Member States shall accredit independent assurance service providers in accordance with Regulation (EC) No 765/2008 to provide an opinion on the information submitted, and to provide evidence that this has been done. In order to comply with Article 29(3), points (a), (b) and (d), Article 29(4), point (a), Article29(5), Article 29(6), point (a) and Article 29(7), point (a), the first or second party auditing may be used up to the first gathering point of the forest biomass. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud, including verification ensuring that materials are not intentionally modified or discarded so that the consignment or part thereof could become waste or residue. It shall evaluate the frequency and methodology of sampling and the robustness of the data.


  The obligations laid down in this paragraph shall apply regardless of whether renewable fuels and recycled carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels per fuel supplier shall be made available to consumers
  in an up to date, easily accessible, and user-friendly manner
  on the websites of operators, suppliers
  and
  the relevant competent authorities
  as well as at refuelling stations
  and shall be updated on an annual basis.’; |
| --- | --- |

(b)

in paragraph 3, the first and second subparagraphs are replaced by the following:

‘Member States shall take measures to ensure that economic operators submit reliable information regarding the compliance with the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2),
  take into account EU biodiversity targets,
  and that economic operators make available to the relevant Member State, upon request,
  and to the public
  the data used to develop that information.
  Member States shall accredit independent assurance service providers in accordance with Regulation (EC) No 765/2008 to provide an opinion on the information submitted, and to provide evidence that this has been done. In order to comply with Article 29(3), points (a), (b) and (d), Article 29(4), point (a), Article29(5), Article 29(6), point (a) and Article 29(7), point (a), the first or second party auditing may be used up to the first gathering point of the forest biomass. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud, including verification ensuring that materials are not intentionally modified or discarded so that the consignment or part thereof could become waste or residue. It shall evaluate the frequency and methodology of sampling and the robustness of the data.

take into account EU biodiversity targets,

and to the public

Member States shall accredit independent assurance service providers in accordance with Regulation (EC) No 765/2008 to provide an opinion on the information submitted, and to provide evidence that this has been done. In order to comply with Article 29(3), points (a), (b) and (d), Article 29(4), point (a), Article29(5), Article 29(6), point (a) and Article 29(7), point (a), the first or second party auditing may be used up to the first gathering point of the forest biomass. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud, including verification ensuring that materials are not intentionally modified or discarded so that the consignment or part thereof could become waste or residue. It shall evaluate the frequency and methodology of sampling and the robustness of the data.

The obligations laid down in this paragraph shall apply regardless of whether renewable fuels and recycled carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels per fuel supplier shall be made available to consumers
  in an up to date, easily accessible, and user-friendly manner
  on the websites of operators, suppliers
  and
  the relevant competent authorities
  as well as at refuelling stations
  and shall be updated on an annual basis.’;

in an up to date, easily accessible, and user-friendly manner

and

as well as at refuelling stations

| (c) | in paragraph 4, the first subparagraph is replaced by the following:
  ‘The Commission may decide that voluntary national or international schemes setting standards for the production of renewable fuels and recycled carbon fuels, provide accurate data on greenhouse gas emission savings for the purposes of Articles 29(10) and 29a (1) and (2), demonstrate compliance with Articles 27(3) and 31a(5), or demonstrate that consignments of biofuels, bioliquids and biomass fuels comply with the sustainability criteria laid down in Article 29(2) to (7). When demonstrating that the criteria laid down in Article 29(6) and (7) are met, the operators may provide the required evidence directly at sourcing area level. The Commission may recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 29(3), first subparagraph, point (c)(ii).’; |
| --- | --- |

(c)

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

‘The Commission may decide that voluntary national or international schemes setting standards for the production of renewable fuels and recycled carbon fuels, provide accurate data on greenhouse gas emission savings for the purposes of Articles 29(10) and 29a (1) and (2), demonstrate compliance with Articles 27(3) and 31a(5), or demonstrate that consignments of biofuels, bioliquids and biomass fuels comply with the sustainability criteria laid down in Article 29(2) to (7). When demonstrating that the criteria laid down in Article 29(6) and (7) are met, the operators may provide the required evidence directly at sourcing area level. The Commission may recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 29(3), first subparagraph, point (c)(ii).’;

| (ca) | in paragraph 4, the second subparagraph is replaced by the following:


  ‘The Commission may decide that those schemes contain accurate information on measures taken for soil, water and air protection, for the restoration of degraded land
  and
  for the avoidance of excessive water consumption in areas where water is scarce ▌.’; |
| --- | --- |

(ca)

(ca)

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

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

‘The Commission may decide that those schemes contain accurate information on measures taken for soil, water and air protection, for the restoration of degraded land
  and
  for the avoidance of excessive water consumption in areas where water is scarce ▌.’;

and

| (d) | paragraph 6 is replaced by the following:

  ‘6.   Member States may set up national schemes where compliance with the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), in accordance with the methodology developed under Article 29a(3), is verified throughout the entire chain of custody involving competent national authorities. Those schemes may also be used to verify the accuracy and completeness of the information included by economic operators in the Union database, to demonstrate compliance with Article 27(3) and for the certification of biofuels, bioliquids and biomass fuels with low indirect land-use change-risk.
  A Member State may notify such a national scheme to the Commission. The Commission shall give priority to the assessment of such a scheme in order to facilitate mutual bilateral and multilateral recognition of those schemes. The Commission may decide, by means of implementing acts, whether such a notified national scheme complies with the conditions laid down in this Directive. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(3).
  Where the decision is positive, other schemes recognised by the Commission in accordance with this Article shall not refuse mutual recognition with that Member State’s national scheme as regards verification of compliance with the criteria for which it has been recognised by the Commission.
  For installations producing electricity heating and cooling with a total rated thermal input between 5 and
  20
  MW, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.’; |
| --- | --- |

(d)

paragraph 6 is replaced by the following:

‘6.   Member States may set up national schemes where compliance with the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), in accordance with the methodology developed under Article 29a(3), is verified throughout the entire chain of custody involving competent national authorities. Those schemes may also be used to verify the accuracy and completeness of the information included by economic operators in the Union database, to demonstrate compliance with Article 27(3) and for the certification of biofuels, bioliquids and biomass fuels with low indirect land-use change-risk.

A Member State may notify such a national scheme to the Commission. The Commission shall give priority to the assessment of such a scheme in order to facilitate mutual bilateral and multilateral recognition of those schemes. The Commission may decide, by means of implementing acts, whether such a notified national scheme complies with the conditions laid down in this Directive. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(3).

Where the decision is positive, other schemes recognised by the Commission in accordance with this Article shall not refuse mutual recognition with that Member State’s national scheme as regards verification of compliance with the criteria for which it has been recognised by the Commission.

For installations producing electricity heating and cooling with a total rated thermal input between 5 and
  20
  MW, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.’;

| (e) | in paragraph 9, the first subparagraph is replaced by the following:

  ‘
  9.
     Where an economic operator provides evidence or data obtained in accordance with a scheme that has been the subject of a decision pursuant to paragraph 4 or 6, a Member State shall not require the economic operator to provide further evidence of compliance with the elements covered by the scheme for which the scheme has been recognised by the Commission.’; |
| --- | --- |

(e)

in paragraph 9, the first subparagraph is replaced by the following:

‘
  9.
     Where an economic operator provides evidence or data obtained in accordance with a scheme that has been the subject of a decision pursuant to paragraph 4 or 6, a Member State shall not require the economic operator to provide further evidence of compliance with the elements covered by the scheme for which the scheme has been recognised by the Commission.’;

| (f) | paragraph 10 is replaced by the following:

  ‘
  10.
     At the request of a Member State, which may be based on the request of an economic operator, the Commission shall, on the basis of all available evidence, examine whether the sustainability and greenhouse gas emissions saving criteria laid down in Article 29(2) to (7) and (10) and Article 29a(1) and (2) in relation to a source of renewable fuels and recycled carbon fuels have been met.
  Within six months of receipt of such a request and in accordance with the examination procedure referred to in Article 34(3), the Commission shall, by means of implementing acts, decide whether the Member State concerned may either:






  (a) | take into account the renewable fuels and recycled carbon fuels from that source for the purposes referred to in points (a), (b) and (c) of the first subparagraph of Article 29(1); or |
| --- | --- | --- |

(f)

paragraph 10 is replaced by the following:

‘
  10.
     At the request of a Member State, which may be based on the request of an economic operator, the Commission shall, on the basis of all available evidence, examine whether the sustainability and greenhouse gas emissions saving criteria laid down in Article 29(2) to (7) and (10) and Article 29a(1) and (2) in relation to a source of renewable fuels and recycled carbon fuels have been met.

Within six months of receipt of such a request and in accordance with the examination procedure referred to in Article 34(3), the Commission shall, by means of implementing acts, decide whether the Member State concerned may either:

(a)

take into account the renewable fuels and recycled carbon fuels from that source for the purposes referred to in points (a), (b) and (c) of the first subparagraph of Article 29(1); or

| (b) | by way of derogation from paragraph 9 of this Article, require suppliers of the source of renewable fuels and recycled carbon fuels to provide further evidence of compliance with those sustainability and greenhouse gas emissions saving criteria and those greenhouse gas emissions savings thresholds.’; |
| --- | --- |

(b)

by way of derogation from paragraph 9 of this Article, require suppliers of the source of renewable fuels and recycled carbon fuels to provide further evidence of compliance with those sustainability and greenhouse gas emissions saving criteria and those greenhouse gas emissions savings thresholds.’;

▌

| (22) | the following Article is inserted:

  ‘Article 31a

  Union database


  1.   
  By ... [three months after entry into force of this amending Directive],
  the Commission shall ensure that a Union database is set up to enable the tracing of
  biomass fuels,
  liquid and gaseous renewable fuels and recycled carbon fuels
  (the “Union Database”)
  .


  2.   Member States shall require the relevant economic operators to enter in a timely manner accurate information into that database on the transactions made and
  on
  the sustainability
  criteria
  of the fuels subject to those transactions, including their life-cycle greenhouse gas emissions, starting from their point of production to the moment it is consumed in the Union.
  The interconnected gas system shall be considered to be a single mass balance system. Information about injection and withdrawal shall be provided in the Union Database for gaseous fuels.
  Information on whether support has been provided for the production of a specific consignment of fuel, and if so, on the type of support scheme, shall also be included in the database.
  Where appropriate to improve traceability of data along the entire supply chain, the Commission is empowered to adopt delegated acts in accordance with Article 35 to further extend the scope of the information to be included in the Union database to cover relevant data from the point of production or collection of the raw material used for the fuel production.
  Member States shall require fuel suppliers to enter the information necessary to verify compliance with the requirements laid down in Article 25(1), first subparagraph, into the Union database.


  Notwithstanding subparagraphs 1 to 3, for gaseous renewable fuels and for gaseous fuels injected into the European gas system, economic operators should enter information on the transactions made and the sustainability criteria and other relevant information such as GHG emissions of the fuels up to the injection point to the interconnected gas system, where the mass balancing traceability system is complemented by guarantees of origin.




  3.   Member States shall have access to the Union database for the purposes of monitoring and data verification.


  4.   
  Where
  guarantees of origin have been issued for the production of a consignment of renewable gases, Member States shall ensure that those guarantees of origin are cancelled
  after
  the consignment of renewable gases
  is withdrawn from the European interconnected system for gas
  .


  5.   Member States shall ensure that the accuracy and completeness of the information included by economic operators in the database is verified, for instance by using voluntary or national schemes
  , which may be complemented by a system of guarantees of origin
  .




  5a.
     
  The database shall be made publicly available in an open, transparent and user-friendly manner and kept up-to-date.




  The Commission shall publish annual reports for the general public about the information reported in the Union database including the quantities, the geographic origin and feedstock type of renewable and low carbon fuels.’; |
| --- | --- |

(22)

the following Article is inserted:

‘Article 31a

Union database

1.   
  By ... [three months after entry into force of this amending Directive],
  the Commission shall ensure that a Union database is set up to enable the tracing of
  biomass fuels,
  liquid and gaseous renewable fuels and recycled carbon fuels
  (the “Union Database”)
  .

2.   Member States shall require the relevant economic operators to enter in a timely manner accurate information into that database on the transactions made and
  on
  the sustainability
  criteria
  of the fuels subject to those transactions, including their life-cycle greenhouse gas emissions, starting from their point of production to the moment it is consumed in the Union.
  The interconnected gas system shall be considered to be a single mass balance system. Information about injection and withdrawal shall be provided in the Union Database for gaseous fuels.
  Information on whether support has been provided for the production of a specific consignment of fuel, and if so, on the type of support scheme, shall also be included in the database.

Where appropriate to improve traceability of data along the entire supply chain, the Commission is empowered to adopt delegated acts in accordance with Article 35 to further extend the scope of the information to be included in the Union database to cover relevant data from the point of production or collection of the raw material used for the fuel production.

Member States shall require fuel suppliers to enter the information necessary to verify compliance with the requirements laid down in Article 25(1), first subparagraph, into the Union database.

Notwithstanding subparagraphs 1 to 3, for gaseous renewable fuels and for gaseous fuels injected into the European gas system, economic operators should enter information on the transactions made and the sustainability criteria and other relevant information such as GHG emissions of the fuels up to the injection point to the interconnected gas system, where the mass balancing traceability system is complemented by guarantees of origin.

3.   Member States shall have access to the Union database for the purposes of monitoring and data verification.

4.   
  Where
  guarantees of origin have been issued for the production of a consignment of renewable gases, Member States shall ensure that those guarantees of origin are cancelled
  after
  the consignment of renewable gases
  is withdrawn from the European interconnected system for gas
  .

5.   Member States shall ensure that the accuracy and completeness of the information included by economic operators in the database is verified, for instance by using voluntary or national schemes
  , which may be complemented by a system of guarantees of origin
  .

5a.
     
  The database shall be made publicly available in an open, transparent and user-friendly manner and kept up-to-date.

The Commission shall publish annual reports for the general public about the information reported in the Union database including the quantities, the geographic origin and feedstock type of renewable and low carbon fuels.’;

| (22a) | Article 33 is amended as follows:










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





  ‘3.
     
  In 2025, the Commission shall submit, if appropriate, a legislative proposal on the regulatory framework for the promotion of energy from renewable sources for the period after 2030.’; |
| --- | --- | --- |

(22a)

(22a)

Article 33 is amended as follows:

Article 33 is amended as follows:

(a)

(a)

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

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

‘3.
     
  In 2025, the Commission shall submit, if appropriate, a legislative proposal on the regulatory framework for the promotion of energy from renewable sources for the period after 2030.’;

| (b) | in paragraph 3, the following subparagraph is added:




  ‘When preparing the legislative proposal referred to in the first subparagraph the Commission shall take into account:










  (a) | the advice of the European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009; |
| --- | --- | --- |

(b)

(b)

in paragraph 3, the following subparagraph is added:

in paragraph 3, the following subparagraph is added:

‘When preparing the legislative proposal referred to in the first subparagraph the Commission shall take into account:

‘When preparing the legislative proposal referred to in the first subparagraph the Commission shall take into account:

(a)

(a)

the advice of the European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009;

the advice of the European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009;

| (b) | the projected indicative Union greenhouse gas budget as set out in Article 4(4) of Regulation (EU) 2021/1119; |
| --- | --- |

(b)

(b)

the projected indicative Union greenhouse gas budget as set out in Article 4(4) of Regulation (EU) 2021/1119;

the projected indicative Union greenhouse gas budget as set out in Article 4(4) of Regulation (EU) 2021/1119;

| (c) | the integrated national energy and climate plans submitted by Member States by 30 June 2024 pursuant to Article 14 (2) of Regulation (EU) 2018/1999; |
| --- | --- |

(c)

(c)

the integrated national energy and climate plans submitted by Member States by 30 June 2024 pursuant to Article 14 (2) of Regulation (EU) 2018/1999;

the integrated national energy and climate plans submitted by Member States by 30 June 2024 pursuant to Article 14 (2) of Regulation (EU) 2018/1999;

| (d) | the experience gained by the implementation of this Directive, including its sustainability and greenhouse gas emissions saving criteria; and |
| --- | --- |

(d)

(d)

the experience gained by the implementation of this Directive, including its sustainability and greenhouse gas emissions saving criteria; and

the experience gained by the implementation of this Directive, including its sustainability and greenhouse gas emissions saving criteria; and

| (e) | technological developments in energy from renewable sources.’; |
| --- | --- |

(e)

(e)

technological developments in energy from renewable sources.’;

technological developments in energy from renewable sources.’;

| (c) | the following paragraph is added:





  ‘4a.
     
  By ... [two years after entry into force of this amending Directive], the Commission shall review the implementation of this Directive and publish a report setting out the conclusions of its review. The review shall, in particular, examine the following:










  (a) | the external effects of the deployment of renewable energy and its impact on the environment; |
| --- | --- | --- |

(c)

(c)

the following paragraph is added:

the following paragraph is added:

‘4a.
     
  By ... [two years after entry into force of this amending Directive], the Commission shall review the implementation of this Directive and publish a report setting out the conclusions of its review. The review shall, in particular, examine the following:

(a)

the external effects of the deployment of renewable energy and its impact on the environment;

| (b) | the socio-economic benefits of the implementation of this Directive; |
| --- | --- |

(b)

the socio-economic benefits of the implementation of this Directive;

| (c) | the status of the implementation of related renewables energy initiatives under the RepowerEU; |
| --- | --- |

(c)

the status of the implementation of related renewables energy initiatives under the RepowerEU;

| (d) | whether the increase in demand for electricity in the transport, industry, building and heating and cooling sectors and RFNBOs is met with equivalent amounts of renewable generation capacities; |
| --- | --- |

(d)

whether the increase in demand for electricity in the transport, industry, building and heating and cooling sectors and RFNBOs is met with equivalent amounts of renewable generation capacities;

| (e) | a phase down, by 2030, of the share of fuels derived from primary woody biomass as defined in Article 2 of this Directive, for the purpose of counting towards the renewable targets referred to in Article 3(1), based on an impact assessment by the Commission. This review for a phase down shall be presented at the latest by ... [3 years after the transposition of this amending Directive] [Am. 48]. |
| --- | --- |

(e)

a phase down, by 2030, of the share of fuels derived from primary woody biomass as defined in Article 2 of this Directive, for the purpose of counting towards the renewable targets referred to in Article 3(1), based on an impact assessment by the Commission. This review for a phase down shall be presented at the latest by ... [3 years after the transposition of this amending Directive] [Am. 48].

The Commission and the competent authorities in the Member States shall continuously adapt to best administrative practices administrative procedures and take all other measures to simplify the implementation of this Directive, and reduce compliance costs for involved actors and affected sectors to a minimum.’;

| (23) | Article 35 is amended as follows:






  (a) | paragraph 2 is replaced by the following:
  ‘The power to adopt delegated acts referred to in Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), second subparagraph, and Article 31a(2), second subparagraph, shall be conferred on the Commission for a period of five years from [the entry into force of this amending Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.’; |
| --- | --- | --- |

(23)

Article 35 is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘The power to adopt delegated acts referred to in Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), second subparagraph, and Article 31a(2), second subparagraph, shall be conferred on the Commission for a period of five years from [the entry into force of this amending Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.’;

| (b) | paragraph 4 is replaced by the following:
  ‘The delegation of power referred to in Article 7(3), fifth subparagraph, Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), and Article 31a(2), second subparagraph, 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.’; |
| --- | --- |

(b)

paragraph 4 is replaced by the following:

‘The delegation of power referred to in Article 7(3), fifth subparagraph, Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), and Article 31a(2), second subparagraph, 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.’;

Official Journal of the European Union

| (c) | paragraph 7 is replaced by the following:
  ‘A delegated act adopted pursuant to Article 7(3), fifth subparagraph, Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), and Article 31a(2), second subparagraph, shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to 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.’; |
| --- | --- |

(c)

paragraph 7 is replaced by the following:

‘A delegated act adopted pursuant to Article 7(3), fifth subparagraph, Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), and Article 31a(2), second subparagraph, shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to 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.’;

| (24) | the Annexes are amended in accordance with the Annexes to this Directive. |
| --- | --- |

(24)

the Annexes are amended in accordance with the Annexes to this Directive.

Article 2

Amendments to Regulation (EU) 2018/1999

| (1) | Article 2 is amended as follows:






  (a) | point 11 is replaced by the following:






  ‘(11) | “the Union's 2030 targets for energy and climate” means the Union-wide binding target of at least 40 % domestic reduction in economy-wide greenhouse gas emissions as compared to 1990 to be achieved by 2030, the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001, the Union-level headline target of at least 32,5 % for improving energy efficiency in 2030, and the 15 % electricity interconnection target for 2030 or any subsequent targets in this regard agreed by the European Council or by the European Parliament and by the Council for 2030.’; |
| --- | --- | --- | --- |

(1)

Article 2 is amended as follows:

(a)

point 11 is replaced by the following:

‘(11)

“the Union's 2030 targets for energy and climate” means the Union-wide binding target of at least 40 % domestic reduction in economy-wide greenhouse gas emissions as compared to 1990 to be achieved by 2030, the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001, the Union-level headline target of at least 32,5 % for improving energy efficiency in 2030, and the 15 % electricity interconnection target for 2030 or any subsequent targets in this regard agreed by the European Council or by the European Parliament and by the Council for 2030.’;

| (b) | in point 20, point (b) is replaced by the following:






  ‘(b) | in the context of Commission recommendations based on the assessment pursuant to point (b) of Article 29(1) with regard to energy from renewable sources, a Member State's early implementation of its contribution to the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001 as measured against its national reference points for renewable energy;’; |
| --- | --- | --- |

(b)

in point 20, point (b) is replaced by the following:

‘(b)

in the context of Commission recommendations based on the assessment pursuant to point (b) of Article 29(1) with regard to energy from renewable sources, a Member State's early implementation of its contribution to the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001 as measured against its national reference points for renewable energy;’;

| (2) | In Article 4, point (a)(2) is replaced by the following:






  ‘(2) | with respect to renewable energy:
  With a view to achieving the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001, a contribution to that target in terms of the Member State's share of energy from renewable sources in gross final consumption of energy in 2030, with an indicative trajectory for that contribution from 2021 onwards. By 2022, the indicative trajectory shall reach a reference point of at least 18 % of the total increase in the share of energy from renewable sources between that Member State's binding 2020 national target, and its contribution to the 2030 target. By 2025, the indicative trajectory shall reach a reference point of at least 43 % of the total increase in the share of energy from renewable sources between that Member State's binding 2020 national target and its contribution to the 2030 target. By 2027, the indicative trajectory shall reach a reference point of at least 65 % of the total increase in the share of energy from renewable sources between that Member State's binding 2020 national target and its contribution to the 2030 target.
  By 2030, the indicative trajectory shall reach at least the Member State's planned contribution. If a Member State expects to surpass its binding 2020 national target, its indicative trajectory may start at the level it is projected to achieve. The Member States' indicative trajectories, taken together, shall add up to the Union reference points in 2022, 2025 and 2027 and to the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001. Separately from its contribution to the Union target and its indicative trajectory for the purposes of this Regulation, a Member State shall be free to indicate higher ambitions for national policy purposes.’; |
| --- | --- | --- |

(2)

In Article 4, point (a)(2) is replaced by the following:

‘(2)

with respect to renewable energy:

With a view to achieving the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001, a contribution to that target in terms of the Member State's share of energy from renewable sources in gross final consumption of energy in 2030, with an indicative trajectory for that contribution from 2021 onwards. By 2022, the indicative trajectory shall reach a reference point of at least 18 % of the total increase in the share of energy from renewable sources between that Member State's binding 2020 national target, and its contribution to the 2030 target. By 2025, the indicative trajectory shall reach a reference point of at least 43 % of the total increase in the share of energy from renewable sources between that Member State's binding 2020 national target and its contribution to the 2030 target. By 2027, the indicative trajectory shall reach a reference point of at least 65 % of the total increase in the share of energy from renewable sources between that Member State's binding 2020 national target and its contribution to the 2030 target.

By 2030, the indicative trajectory shall reach at least the Member State's planned contribution. If a Member State expects to surpass its binding 2020 national target, its indicative trajectory may start at the level it is projected to achieve. The Member States' indicative trajectories, taken together, shall add up to the Union reference points in 2022, 2025 and 2027 and to the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001. Separately from its contribution to the Union target and its indicative trajectory for the purposes of this Regulation, a Member State shall be free to indicate higher ambitions for national policy purposes.’;

| (3) | In Article 5, paragraph 2 is replaced by the following:

  ‘2.   Member States shall collectively ensure that the sum of their contributions amounts to at least the level of the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001.’; |
| --- | --- |

(3)

In Article 5, paragraph 2 is replaced by the following:

‘2.   Member States shall collectively ensure that the sum of their contributions amounts to at least the level of the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001.’;

| (4) | In Article 29, paragraph 2 is replaced by the following:

  ‘2.   In the area of renewable energy, as part of its assessment referred to in paragraph 1, the Commission shall assess the progress made in the share of energy from renewable sources in the Union's gross final consumption on the basis of an indicative Union trajectory that starts from 20 % in 2020, reaches reference points of at least 18 % in 2022, 43 % in 2025 and 65 % in 2027 of the total increase in the share of energy from renewable sources between the Union's 2020 renewable energy target and the Union's 2030 renewable energy target, and reaches the Union’s binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001.’; |
| --- | --- |

(4)

In Article 29, paragraph 2 is replaced by the following:

‘2.   In the area of renewable energy, as part of its assessment referred to in paragraph 1, the Commission shall assess the progress made in the share of energy from renewable sources in the Union's gross final consumption on the basis of an indicative Union trajectory that starts from 20 % in 2020, reaches reference points of at least 18 % in 2022, 43 % in 2025 and 65 % in 2027 of the total increase in the share of energy from renewable sources between the Union's 2020 renewable energy target and the Union's 2030 renewable energy target, and reaches the Union’s binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001.’;

Article 3

Amendments to Directive 98/70/EC

Directive 98/70/EC is amended as follows:

| (1) | Article 1 is replaced by the following:

  ‘Article 1
  Scope
  This Directive sets, in respect of road vehicles, and non-road mobile machinery (including inland waterway vessels when not at sea), agricultural and forestry tractors, and recreational craft when not at sea, technical specifications on health and environmental grounds for fuels to be used with positive ignition and compression-ignition engines, taking account of the technical requirements of those engines.’; |
| --- | --- |

(1)

Article 1 is replaced by the following:

‘Article 1

Scope

This Directive sets, in respect of road vehicles, and non-road mobile machinery (including inland waterway vessels when not at sea), agricultural and forestry tractors, and recreational craft when not at sea, technical specifications on health and environmental grounds for fuels to be used with positive ignition and compression-ignition engines, taking account of the technical requirements of those engines.’;

| (2) | Article 2 is amended as follows:






  (a) | points 1, 2 and 3 are replaced by the following:






  ‘1. | “petrol” means any volatile mineral oil intended for the operation of internal combustion positive-ignition engines for the propulsion of vehicles and falling within CN codes 2710 12 41, 2710 12 45 and 2710 12 49; |
| --- | --- | --- | --- |

(2)

Article 2 is amended as follows:

(a)

points 1, 2 and 3 are replaced by the following:

‘1.

“petrol” means any volatile mineral oil intended for the operation of internal combustion positive-ignition engines for the propulsion of vehicles and falling within CN codes 2710 12 41, 2710 12 45 and 2710 12 49;

| 2. | “diesel fuels” means gas oils falling within CN code 2710 19 43 (27) as referred to in Regulation (EC) No 715/2007 of the European Parliament and the Council (28) and Regulation (EC) 595/2009 of the European Parliament and of the Council (29) and used for self-propelling vehicles; |
| --- | --- |

2.

“diesel fuels” means gas oils falling within CN code 2710 19 43 (27

28

29

| 3. | “gas oils intended for use by non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors, and recreational craft” means any petroleum-derived liquid, falling within CN codes 27101943 (30), referred to in Directive 2013/53/EU of the European Parliament and of the Council (31), Regulation (EU) 167/2013 of the European Parliament and of the Council (32) and Regulation (EU) 2016/1628 of the European Parliament and of the Council (33) and intended for use in compression ignition engines.’; |
| --- | --- |

3.

“gas oils intended for use by non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors, and recreational craft” means any petroleum-derived liquid, falling within CN codes 27101943 (30

31

32

33

| (b) | points 8 and 9 are replaced by the following:






  ‘8. | “supplier” means “fuel supplier” as defined in Article 2, first paragraph, point (38) of Directive (EU) 2018/2001of the European Parliament and of the Council (34); |
| --- | --- | --- |

(b)

points 8 and 9 are replaced by the following:

‘8.

“supplier” means “fuel supplier” as defined in Article 2, first paragraph, point (38) of Directive (EU) 2018/2001of the European Parliament and of the Council (34

| 9. | “biofuels” means “biofuels” as defined in Article 2, first paragraph, point (33) of Directive 2018/2001;’; |
| --- | --- |

9.

“biofuels” means “biofuels” as defined in Article 2, first paragraph, point (33) of Directive 2018/2001;’;

| (3) | Article 4 is amended as follows:






  (a) | In paragraph 1, the second subparagraph is replaced by the following:
  ‘Member States shall require suppliers to ensure the placing on the market of diesel with a fatty acid methyl ester (FAME) content of up to 7 %.’ |
| --- | --- | --- |

(3)

Article 4 is amended as follows:

(a)

In paragraph 1, the second subparagraph is replaced by the following:

‘Member States shall require suppliers to ensure the placing on the market of diesel with a fatty acid methyl ester (FAME) content of up to 7 %.’

| (b) | Paragraph 2 is replaced by the following:

  ‘2.   Member States shall ensure that the maximum permissible sulphur content of gas oils intended for use by non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors and recreational craft is 10 mg/kg. Member States shall ensure that liquid fuels other than those gas oils may be used in inland waterway vessels and recreational craft only if the sulphur content of those liquid fuels does not exceed the maximum permissible content of those gas oils.’; |
| --- | --- |

(b)

Paragraph 2 is replaced by the following:

‘2.   Member States shall ensure that the maximum permissible sulphur content of gas oils intended for use by non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors and recreational craft is 10 mg/kg. Member States shall ensure that liquid fuels other than those gas oils may be used in inland waterway vessels and recreational craft only if the sulphur content of those liquid fuels does not exceed the maximum permissible content of those gas oils.’;

| (4) | Articles 7a to 7e are deleted. |
| --- | --- |

(4)

Articles 7a to 7e are deleted.

| (5) | Article 9 is amended as follows:






  (a) | in paragraph 1, points (g), (h), (i) and (k) are deleted; |
| --- | --- | --- |

(5)

Article 9 is amended as follows:

(a)

in paragraph 1, points (g), (h), (i) and (k) are deleted;

| (b) | paragraph 2 is deleted; |
| --- | --- |

(b)

paragraph 2 is deleted;

| (6) | Annexes I, II, IV and V are amended in accordance with Annex I to this Directive. |
| --- | --- |

(6)

Annexes I, II, IV and V are amended in accordance with Annex I to this Directive.

Article 4

Transitional provisions

| (1) | Member States shall ensure that the data collected and reported to the authority designated by the Member State with respect to the year [OJ: replace by calendar year during which the repeal takes effect] or a part thereof in accordance with Article 7a(1), third subparagraph, and Article 7a(7) of Directive 98/70/EC, which are deleted by Article 3(4) of this Directive, are submitted to the Commission. |
| --- | --- |

(1)

Member States shall ensure that the data collected and reported to the authority designated by the Member State with respect to the year [OJ: replace by calendar year during which the repeal takes effect] or a part thereof in accordance with Article 7a(1), third subparagraph, and Article 7a(7) of Directive 98/70/EC, which are deleted by Article 3(4) of this Directive, are submitted to the Commission.

| (2) | The Commission shall include the data referred to in paragraph 1 of this Article in any report it is obliged to submit under Directive 98/70/EC. |
| --- | --- |

(2)

The Commission shall include the data referred to in paragraph 1 of this Article in any report it is obliged to submit under Directive 98/70/EC.

Article 5

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December
  2023
  at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 6

Repeal

Council Directive (EU) 2015/652 (35) is repealed with effect from [OJ: replace by calendar year during which the repeal takes effect].

Article 7

Entry into force

By December 2024, the Commission shall present a comprehensive impact assessment on the combined and cumulative effects of the ‘fit for 55’ package, including this Directive.

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament

The President

For the Council

The President

ANNEX I

The Annexes to Directive (EU) 2018/2001 are amended as follows:

| (1) | in Annex I, the final row in the table is deleted; |
| --- | --- |

(1)

in Annex I, the final row in the table is deleted;

| ▌ | |
| --- | --- |

▌

| (3) | Annex III is replaced by the following:
  ENERGY CONTENT OF FUELS







  Fuel | Energy content by weight (lower calorific value, MJ/kg) | Energy content by volume (lower calorific value, MJ/l) |
| --- | --- | --- | --- |
| FUELS FROM BIOMASS AND/OR BIOMASS PROCESSING OPERATIONS | | |
| Bio-Propane | 46 | 24 |
| Pure vegetable oil (oil produced from oil plants through pressing, extraction or comparable procedures, crude or refined but chemically unmodified) | 37 | 34 |
| Biodiesel — fatty acid methyl ester (methyl-ester produced from oil of biomass origin) | 37 | 33 |
| Biodiesel — fatty acid ethyl ester (ethyl-ester produced from oil of biomass origin) | 38 | 34 |
| Biogas that can be purified to natural gas quality | 50 | — |
| Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of diesel | 44 | 34 |
| Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of petrol | 45 | 30 |
| Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of jet fuel | 44 | 34 |
| Hydrotreated oil (thermochemically treated with hydrogen) of biomass origin, to be used for replacement of liquefied petroleum gas | 46 | 24 |
| Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin to be used for replacement of diesel | 43 | 36 |
| Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace petrol | 44 | 32 |
| Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace jet fuel | 43 | 33 |
| Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace liquefied petroleum gas | 46 | 23 |
| RENEWABLE FUELS THAT CAN BE PRODUCED FROM VARIOUS RENEWABLE SOURCES, INCLUDING BIOMASS | | |
| Methanol from renewable sources | 20 | 16 |
| Ethanol from renewable sources | 27 | 21 |
| Propanol from renewable sources | 31 | 25 |
| Butanol from renewable sources | 33 | 27 |
| Fischer-Tropsch diesel (a synthetic hydrocarbon or mixture of synthetic hydrocarbons to be used for replacement of diesel) | 44 | 34 |
| Fischer-Tropsch petrol (a synthetic hydrocarbon or mixture of synthetic hydrocarbons produced from biomass, to be used for replacement of petrol) | 44 | 33 |
| Fischer-Tropsch jet fuel (a synthetic hydrocarbon or mixture of synthetic hydrocarbons produced from biomass, to be used for replacement of jet fuel) | 44 | 33 |
| Fischer-Tropsch liquefied petroleum gas (a synthetic hydrocarbon or mixture of synthetic hydrocarbons, to be used for replacement of liquefied petroleum gas | 46 | 24 |
| DME (dimethylether) | 28 | 19 |
| Hydrogen from renewable sources | 120 | — |
| ETBE (ethyl-tertio-butyl-ether produced on the basis of ethanol) | 36 (of which 37 % from renewable sources) | 27 (of which 37 % from renewable sources) |
| MTBE (methyl-tertio-butyl-ether produced on the basis of methanol) | 35 (of which 22 % from renewable sources) | 26 (of which 22 % from renewable sources) |
| TAEE (tertiary-amyl-ethyl-ether produced on the basis of ethanol) | 38 (of which 29 % from renewable sources) | 29 (of which 29 % from renewable sources) |
| TAME (tertiary-amyl-methyl-ether produced on the basis of methanol) | 36 (of which 18 % from renewable sources) | 28 (of which 18 % from renewable sources) |
| THxEE (tertiary-hexyl-ethyl-ether produced on the basis of ethanol) | 38 (of which 25 % from renewable sources) | 30 (of which 25 % from renewable sources) |
| THxME (tertiary-hexyl-methyl-ether produced on the basis of methanol) | 38 of which 14 % from renewable sources) | 30 (of which 14 % from renewable sources) |
| NON-RENEWABLE FUELS | | |
| Petrol | 43 | 32 |
| Diesel | 43 | 36 |
| Hydrogen from non-renewable sources | 120 | — |

(3)

Annex III is replaced by the following:

ENERGY CONTENT OF FUELS

Fuel

Energy content by weight (lower calorific value, MJ/kg)

Energy content by volume (lower calorific value, MJ/l)

FUELS FROM BIOMASS AND/OR BIOMASS PROCESSING OPERATIONS

Bio-Propane

46

24

Pure vegetable oil (oil produced from oil plants through pressing, extraction or comparable procedures, crude or refined but chemically unmodified)

37

34

Biodiesel — fatty acid methyl ester (methyl-ester produced from oil of biomass origin)

37

33

Biodiesel — fatty acid ethyl ester (ethyl-ester produced from oil of biomass origin)

38

34

Biogas that can be purified to natural gas quality

50

—

Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of diesel

44

34

Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of petrol

45

30

Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of jet fuel

44

34

Hydrotreated oil (thermochemically treated with hydrogen) of biomass origin, to be used for replacement of liquefied petroleum gas

46

24

Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin to be used for replacement of diesel

43

36

Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace petrol

44

32

Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace jet fuel

43

33

Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace liquefied petroleum gas

46

23

RENEWABLE FUELS THAT CAN BE PRODUCED FROM VARIOUS RENEWABLE SOURCES, INCLUDING BIOMASS

Methanol from renewable sources

20

16

Ethanol from renewable sources

27

21

Propanol from renewable sources

31

25

Butanol from renewable sources

33

27

Fischer-Tropsch diesel (a synthetic hydrocarbon or mixture of synthetic hydrocarbons to be used for replacement of diesel)

44

34

Fischer-Tropsch petrol (a synthetic hydrocarbon or mixture of synthetic hydrocarbons produced from biomass, to be used for replacement of petrol)

44

33

Fischer-Tropsch jet fuel (a synthetic hydrocarbon or mixture of synthetic hydrocarbons produced from biomass, to be used for replacement of jet fuel)

44

33

Fischer-Tropsch liquefied petroleum gas (a synthetic hydrocarbon or mixture of synthetic hydrocarbons, to be used for replacement of liquefied petroleum gas

46

24

DME (dimethylether)

28

19

Hydrogen from renewable sources

120

—

ETBE (ethyl-tertio-butyl-ether produced on the basis of ethanol)

36 (of which 37 % from renewable sources)

27 (of which 37 % from renewable sources)

MTBE (methyl-tertio-butyl-ether produced on the basis of methanol)

35 (of which 22 % from renewable sources)

26 (of which 22 % from renewable sources)

TAEE (tertiary-amyl-ethyl-ether produced on the basis of ethanol)

38 (of which 29 % from renewable sources)

29 (of which 29 % from renewable sources)

TAME (tertiary-amyl-methyl-ether produced on the basis of methanol)

36 (of which 18 % from renewable sources)

28 (of which 18 % from renewable sources)

THxEE (tertiary-hexyl-ethyl-ether produced on the basis of ethanol)

38 (of which 25 % from renewable sources)

30 (of which 25 % from renewable sources)

THxME (tertiary-hexyl-methyl-ether produced on the basis of methanol)

38 of which 14 % from renewable sources)

30 (of which 14 % from renewable sources)

NON-RENEWABLE FUELS

Petrol

43

32

Diesel

43

36

Hydrogen from non-renewable sources

120

—

| (4) | Annex IV is amended as follows:






  a) | the title is replaced by the following:
  ‘TRAINING AND CERTIFICATION OF INSTALLERS AND DESIGNERS OF RENEWABLE INSTALLATIONS’ |
| --- | --- | --- |

(4)

Annex IV is amended as follows:

a)

the title is replaced by the following:

‘TRAINING AND CERTIFICATION OF INSTALLERS AND DESIGNERS OF RENEWABLE INSTALLATIONS’

| b) | the introductory sentence and the first point are replaced by the following:
  ‘The certification schemes and training programmes referred to in Article 18(3) shall be based on the following criteria:






  1. | The certification process shall be transparent and clearly defined by the Member States or by the administrative body that they appoint.’; |
| --- | --- | --- |

b)

the introductory sentence and the first point are replaced by the following:

‘The certification schemes and training programmes referred to in Article 18(3) shall be based on the following criteria:

1.

The certification process shall be transparent and clearly defined by the Member States or by the administrative body that they appoint.’;

| c) | The following points 1a and 1b are inserted:






  ‘1a. | The certificates issued by certification bodies shall be clearly defined and easy to identify for workers and professionals seeking certification. |
| --- | --- | --- |

c)

The following points 1a and 1b are inserted:

‘1a.

The certificates issued by certification bodies shall be clearly defined and easy to identify for workers and professionals seeking certification.

| 1b. | The certification process shall enable installers to put in place high quality installations that operate reliably.’; |
| --- | --- |

1b.

The certification process shall enable installers to put in place high quality installations that operate reliably.’;

| d) | Points 2 and 3 are replaced by the following:






  ‘2. | Installers of biomass, heat pump, shallow geothermal, solar ▌thermal energy
  and storage and demand-response technologies, including charging stations,
  shall be certified by an accredited training programme or training provider
  or formal qualification schemes according to national law
  .’ |
| --- | --- | --- |

d)

Points 2 and 3 are replaced by the following:

‘2.

Installers of biomass, heat pump, shallow geothermal, solar ▌thermal energy
  and storage and demand-response technologies, including charging stations,
  shall be certified by an accredited training programme or training provider
  or formal qualification schemes according to national law
  .’

| ‘3. | The accreditation of the training programme or provider shall be effected by Member States or by the administrative body that they appoint. The accrediting body shall ensure that the training
  , upskilling and reskilling programmes
  offered by the training provider
  are inclusive and have
  continuity and regional or national coverage.
  The training provider shall have adequate technical facilities to provide practical training, including sufficient laboratory equipment or corresponding facilities to provide practical training.
  The training provider shall offer, in addition to the basic training, shorter refresher and upskilling courses organised in training modules allowing installers and designers to add new competences, widen and diversify their skills across several technologies and their combinations. The training provider shall ensure adaptation of training to new renewable technologies in the context of buildings, industry and agriculture. Training providers shall recognise acquired relevant skills.
  The training programmes and modules shall be designed to enable life-long learning in renewable installations and be compatible with vocational training for first time job seekers and adults seeking reskilling or new employment.
  The training programmes shall be designed in order to facilitate acquiring qualification in different technologies and solutions and avoid limited specialisation in a specific brand or technology. The training provider may be the manufacturer of the equipment or system, institutes or associations.’; |
| --- | --- |

‘3.

The accreditation of the training programme or provider shall be effected by Member States or by the administrative body that they appoint. The accrediting body shall ensure that the training
  , upskilling and reskilling programmes
  offered by the training provider
  are inclusive and have
  continuity and regional or national coverage.

The training provider shall have adequate technical facilities to provide practical training, including sufficient laboratory equipment or corresponding facilities to provide practical training.

The training provider shall offer, in addition to the basic training, shorter refresher and upskilling courses organised in training modules allowing installers and designers to add new competences, widen and diversify their skills across several technologies and their combinations. The training provider shall ensure adaptation of training to new renewable technologies in the context of buildings, industry and agriculture. Training providers shall recognise acquired relevant skills.

The training programmes and modules shall be designed to enable life-long learning in renewable installations and be compatible with vocational training for first time job seekers and adults seeking reskilling or new employment.

The training programmes shall be designed in order to facilitate acquiring qualification in different technologies and solutions and avoid limited specialisation in a specific brand or technology. The training provider may be the manufacturer of the equipment or system, institutes or associations.’;

| da) | Point 5 is replaced by the following:










  ‘5. | The training course shall end with an examination leading to a certificate or qualification. The examination shall include a practical assessment of successfully installing biomass boilers or stoves, heat pumps, shallow geothermal installations, solar thermal installations or storage and demand-response technologies, including charging stations.’; |
| --- | --- | --- |

da)

Point 5 is replaced by the following:

‘5.

The training course shall end with an examination leading to a certificate or qualification. The examination shall include a practical assessment of successfully installing biomass boilers or stoves, heat pumps, shallow geothermal installations, solar thermal installations or storage and demand-response technologies, including charging stations.’;

| e) | In point 6(c) the following points (iv) and (v) are added:






  ‘(iv) | an understanding of feasibility and design studies; |
| --- | --- | --- |

e)

In point 6(c) the following points (iv) and (v) are added:

‘(iv)

an understanding of feasibility and design studies;

| (v) | an understanding of drilling, in the case of geothermal heat pumps.’; |
| --- | --- |

(v)

an understanding of drilling, in the case of geothermal heat pumps.’;

| (5) | In Annex V, part C is amended as follows:






  a) | points 5 and 6 are replaced by the following:






  ‘5. | Emissions from the extraction or cultivation of raw materials, eec, shall, include emissions from the extraction or cultivation process itself; from the collection, drying and storage of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. If available, the disaggregated default values for soil N2O emissions set out in Part D shall be applied in the calculation. It is allowed to calculate averages based on local farming practices based on data of a group of farms, as an alternative to using actual values.’; |
| --- | --- | --- | --- |

(5)

In Annex V, part C is amended as follows:

a)

points 5 and 6 are replaced by the following:

‘5.

Emissions from the extraction or cultivation of raw materials, eec, shall, include emissions from the extraction or cultivation process itself; from the collection, drying and storage of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. If available, the disaggregated default values for soil N2O emissions set out in Part D shall be applied in the calculation. It is allowed to calculate averages based on local farming practices based on data of a group of farms, as an alternative to using actual values.’;

| 6. | For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use (36).’; |
| --- | --- |

6.

For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use (36).’;

| b) | point 15 is deleted: |
| --- | --- |

b)

point 15 is deleted:

| c) | point 18 is replaced by the following:






  ‘18. | For the purposes of the calculation referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs, and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. ▌In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery’; |
| --- | --- | --- |

c)

point 18 is replaced by the following:

‘18.

For the purposes of the calculation referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs, and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. ▌In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery’;

| (6) | In Annex VI, part B is amended as follows:






  a) | points 5 and 6 are replaced by the following:






  ‘5. | Emissions from the extraction or cultivation of raw materials, eec, shall, include emissions from the extraction or cultivation process itself; from the collection, drying and storage of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. If available, the disaggregated default values for soil N2O emissions set out in Part D shall be applied in the calculation. It is allowed to calculate averages based on local farming practises based on data of a group of farms, as an alternative to using actual values.’ |
| --- | --- | --- | --- |

(6)

In Annex VI, part B is amended as follows:

a)

points 5 and 6 are replaced by the following:

‘5.

Emissions from the extraction or cultivation of raw materials, eec, shall, include emissions from the extraction or cultivation process itself; from the collection, drying and storage of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. If available, the disaggregated default values for soil N2O emissions set out in Part D shall be applied in the calculation. It is allowed to calculate averages based on local farming practises based on data of a group of farms, as an alternative to using actual values.’

| 6. | For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use (37).’; |
| --- | --- |

6.

For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use (37).’;

| b) | point 15 is deleted: |
| --- | --- |

b)

point 15 is deleted:

| c) | point 18 is replaced by the following:






  ‘18. | For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions.
  In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation.
  Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. ▌
  In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery’ |
| --- | --- | --- |

c)

point 18 is replaced by the following:

‘18.

For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions.

In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation.

Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. ▌

In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery’

| (6a) | In Annex VI, the following part Ba is inserted:




  ‘Ba.




  Biomass fuel feedstocks for use in stationary installations outside the transport sector, including the following points:










  1. | Biomass fraction of residues and waste in the primary food processing industry:










  (a) | beet pulp (only self-use internal to sector) |
| --- | --- | --- | --- |

(6a)

In Annex VI, the following part Ba is inserted:

‘Ba.

Biomass fuel feedstocks for use in stationary installations outside the transport sector, including the following points:

1.

Biomass fraction of residues and waste in the primary food processing industry:

(a)

beet pulp (only self-use internal to sector)

| (b) | herbs & leaves from beet washing |
| --- | --- |

(b)

herbs & leaves from beet washing

| (c) | cereal husks and fruit shells |
| --- | --- |

(c)

cereal husks and fruit shells

| (d) | biomass fraction of industrial waste not fit for use in the food and feed chain |
| --- | --- |

(d)

biomass fraction of industrial waste not fit for use in the food and feed chain

| (e) | the fibrous fraction of sugar beet after extraction of the diffusion juice, leaves and tails and other liquors obtained after sugar extraction |
| --- | --- |

(e)

the fibrous fraction of sugar beet after extraction of the diffusion juice, leaves and tails and other liquors obtained after sugar extraction

| 2. | Biomass fraction of sludge from waste water treatment in the primary food processing industry;’; |
| --- | --- |

2.

Biomass fraction of sludge from waste water treatment in the primary food processing industry;’;

| (7) | in Annex VII, in the definition of ‘Qusable’, the reference to Article 7(4) is replaced by a reference to Article 7(3). |
| --- | --- |

(7)

in Annex VII, in the definition of ‘Qusable’, the reference to Article 7(4) is replaced by a reference to Article 7(3).

| (8) | Annex IX is amended as follows:






  (a) | in Part A, the introductory phrase is replaced by the following:
  ‘Feedstocks for the production of biogas for transport and advanced biofuels:’ |
| --- | --- | --- |

(8)

Annex IX is amended as follows:

(a)

in Part A, the introductory phrase is replaced by the following:

‘Feedstocks for the production of biogas for transport and advanced biofuels:’

| (b) | In Part B, the introductory phrase is replaced by the following:
  ‘Feedstocks for the production of biofuels and biogas for transport, the contribution of which towards the greenhouse gas emissions reduction target established in Article 25(1), first subparagraph, point (a), shall be limited:’; |
| --- | --- |

(b)

In Part B, the introductory phrase is replaced by the following:

‘Feedstocks for the production of biofuels and biogas for transport, the contribution of which towards the greenhouse gas emissions reduction target established in Article 25(1), first subparagraph, point (a), shall be limited:’;

ANNEX II

Annexes I, II, IV and V to Directive 98/70/EC are amended as follows:

| (1) | Annex I is amended as follows:






  (a) | the text of footnote 1 is replaced by the following:






  ‘(1) | Test methods shall be those specified in EN 228:2012+A1:2017. Member States may adopt the analytical method specified in replacement EN 228:2012+A1:2017 standard if it can be shown to give at least the same accuracy and at least the same level of precision as the analytical method it replaces.’; |
| --- | --- | --- | --- |

(1)

Annex I is amended as follows:

(a)

the text of footnote 1 is replaced by the following:

‘(1)

Test methods shall be those specified in EN 228:2012+A1:2017. Member States may adopt the analytical method specified in replacement EN 228:2012+A1:2017 standard if it can be shown to give at least the same accuracy and at least the same level of precision as the analytical method it replaces.’;

| (b) | the text of footnote 2 is replaced by the following:






  ‘(2) | the values quoted in the specification are “true values”. In the establishment of their limit values, the terms of EN ISO 4259-1:2017/A1:2021 “Petroleum and related products — Precision of measurement methods and results — Part 1: Determination of precision data in relation to methods of test” have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account (R = reproducibility). The results of individual measurements shall be interpreted on the basis of the criteria described in EN ISO 4259-2:2017/A1:2019.’; |
| --- | --- | --- |

(b)

the text of footnote 2 is replaced by the following:

‘(2)

the values quoted in the specification are “true values”. In the establishment of their limit values, the terms of EN ISO 4259-1:2017/A1:2021 “Petroleum and related products — Precision of measurement methods and results — Part 1: Determination of precision data in relation to methods of test” have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account (R = reproducibility). The results of individual measurements shall be interpreted on the basis of the criteria described in EN ISO 4259-2:2017/A1:2019.’;

| (c) | the text of footnote 6 is replaced by the following:






  ‘(6) | Other mono-alcohols and ethers with a final boiling point no higher than that stated in EN 228:2012 +A1:2017.’ |
| --- | --- | --- |

(c)

the text of footnote 6 is replaced by the following:

‘(6)

Other mono-alcohols and ethers with a final boiling point no higher than that stated in EN 228:2012 +A1:2017.’

| (2) | Annex II is amended as follows:






  (a) | in the last line of the table, ‘FAME content — EN 14078’, the entry in the last column ‘Limits’‘Maximum’, ‘7,0’ is replaced by ‘10,0’; |
| --- | --- | --- |

(2)

Annex II is amended as follows:

(a)

in the last line of the table, ‘FAME content — EN 14078’, the entry in the last column ‘Limits’‘Maximum’, ‘7,0’ is replaced by ‘10,0’;

| (b) | the text of footnote 1 is replaced by the following:






  ‘(1) | Test methods shall be those specified in EN 590:2013+A1:2017. Member States may adopt the analytical method specified in replacement EN 590:2013+A1:2017 standard if it can be shown to give at least the same accuracy and at least the same level of precision as the analytical method it replaces.’; |
| --- | --- | --- |

(b)

the text of footnote 1 is replaced by the following:

‘(1)

Test methods shall be those specified in EN 590:2013+A1:2017. Member States may adopt the analytical method specified in replacement EN 590:2013+A1:2017 standard if it can be shown to give at least the same accuracy and at least the same level of precision as the analytical method it replaces.’;

| (c) | the text of footnote 2 is replaced by the following:






  ‘(2) | The values quoted in the specification are “true values”. In the establishment of their limit values, the terms of EN ISO 4259-1:2017/A1:2021 “Petroleum and related products — Precision or measurement methods and results — Part 1: Determination of precision data in relation to methods of test” have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account (R = reproducibility). The results of individual measurements shall be interpreted on the basis of the criteria described in EN ISO 4259-2:2017/A1:2019.’; |
| --- | --- | --- |

(c)

the text of footnote 2 is replaced by the following:

‘(2)

The values quoted in the specification are “true values”. In the establishment of their limit values, the terms of EN ISO 4259-1:2017/A1:2021 “Petroleum and related products — Precision or measurement methods and results — Part 1: Determination of precision data in relation to methods of test” have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account (R = reproducibility). The results of individual measurements shall be interpreted on the basis of the criteria described in EN ISO 4259-2:2017/A1:2019.’;

| (3) | Annexes IV and V are deleted. |
| --- | --- |

(3)

Annexes IV and V are deleted.

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0208/2022).

1

(*1)  Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌.

*1

(2)  OJ C , , p. .

2

(3)  OJ C , , p. .

3

(4)  Communication from the Commission COM(2019)0640 of 11.12.2019, The European Green Deal.

4

(5)  
  https://ec.europa.eu/eurostat/web/products-eurostat-news/-/ddn-20220119-1

5

https://ec.europa.eu/eurostat/web/products-eurostat-news/-/ddn-20220119-1

(6)  
  Commission Recommendation (EU) 2020/1563 of 14 October 2020 on energy poverty.

6

Commission Recommendation (EU) 2020/1563 of 14 October 2020 on energy poverty.

(7)  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82

7

(8)  Point 3 of the Communication from the Commission COM(2020)0562 of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people

8

(9)  The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal.

9

(10)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

10

(11)  https://publications.jrc.ec.europa.eu/repository/handle/JRC122719

11

(12)  Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).

12

(13)  
  European Commission, Joint Research Centre (2020), Arnulf Jäger-Waldau: ‘The Untapped Area Potential for Photovoltaic Power in the European Union’.

13

European Commission, Joint Research Centre (2020), Arnulf Jäger-Waldau: ‘The Untapped Area Potential for Photovoltaic Power in the European Union’.

(14)  Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1)

14

(15)  
  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.).

15

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.).

(16)  Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).

16

(17)  OJ C 369, 17.12.2011, p. 14.

17

(18)  Judgment of the Court of Justice of 8 July 2019, Commission v Belgium, C-543/17, ECLI: EU: C:2019:573.

18

(19)  
  International Renewable Energy Agency (Irena)- report on global landscape of renewable energy finance 2020, page 9.

19

International Renewable Energy Agency (Irena)- report on global landscape of renewable energy finance 2020, page 9.

(20)  Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).

20

(21)  Directive Regulation (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).

21

(22)  COM(2020)0798

22

(23)  the proposal for a Commission Regulation “concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020 (xxxx)”.

23

(24)  Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).’;

24

(1a)  
  Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022 on guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013 (OJ L 152, 3.6.2022, p. 45).
  ’;

1a

Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022 on guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013 (OJ L 152, 3.6.2022, p. 45).

(27)  The numbering of these CN codes as specified in the Common Customs Tariff, Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

27

(28)  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).

28

(29)  Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1);

29

(30)  The numbering of these CN codes as specified in the Common Customs Tariff, Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

30

(31)  Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354, 28.12.2013, p. 90).

31

(32)  Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5.02.2013 on the approval and market surveillance of agricultural and forestry vehicles, (OJ L 060, 2.3.2013, p. 1).

32

(33)  Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC, (OJ L 252, 16.9.2016, p. 53).

33

(34)  Directive (EU) 2018/2001 of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, (OJ L 328, 21.12.2018, p. 82.)

34

(35)  Council Directive (EU) 2015/652 of 20 April 2015 laying down calculation methods and reporting requirements pursuant to Directive 98/70/EC of the European Parliament and of the Council relating to the quality of petrol and diesel fuels, OJ L 107, 25.4.2015, p. 26

35

(36)  Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.

36

(37)  Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.

37

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Thursday 15 September 2022

| 5.4.2023 | EN | Official Journal of the European Union | C 125/462 |
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5.4.2023

EN

Official Journal of the European Union

C 125/462

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P9_TA(2022)0323

Exceptional macro-financial assistance to Ukraine and reinforcing the common provisioning fund ***I

European Parliament legislative resolution of 15 September 2022 on the proposal for a decision of the European Parliament and of the Council providing exceptional macro-financial assistance to Ukraine, reinforcing the Common Provisioning Fund by guarantees by the Member States and by specific provisioning for some financial liabilities related to Ukraine guaranteed under Decision No 466/2014/EU, and amending Decision (EU) 2022/1201 (COM(2022)0557 — C9-0303/2022 — 2022/0281(COD))

(Ordinary legislative procedure: first reading)

(2023/C 125/27)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2022)0557), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2022)0557),

| — | having regard to Article 294(2) and Article 212 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0303/2022), |
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—

having regard to Article 294(2) and Article 212 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0303/2022),

| — | 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 undertaking given by the Council representative by letter of 14 September 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 undertaking given by the Council representative by letter of 14 September 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 Rules 59 and 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 59 and 163 of its Rules of Procedure,

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

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P9_TC1-COD(2022)0281

Position of the European Parliament adopted at first reading on 15 September 2022 with a view to the adoption of Decision (EU) 2022/... of the European Parliament and of the Council providing exceptional macro-financial assistance to Ukraine, reinforcing the common provisioning fund by guarantees by Member States and by specific provisioning for some financial liabilities related to Ukraine guaranteed under Decision No 466/2014/EU, and amending Decision (EU) 2022/1201

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2022/1628.)

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/463 |
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5.4.2023

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Official Journal of the European Union

C 125/463

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P9_TA(2022)0324

Existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded

European Parliament resolution of 15 September 2022 on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded (2018/0902R(NLE))

(2023/C 125/28)

The European Parliament,

| — | having regard to the Treaty on European Union (TEU), in particular Articles 2, 4(3) and 7(1) thereof, |
| --- | --- |

—

having regard to the Treaty on European Union (TEU), in particular Articles 2, 4(3) and 7(1) thereof,

| — | having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’),

| — | having regard to the European Convention on Human Rights and the protocols thereto, |
| --- | --- |

—

having regard to the European Convention on Human Rights and the protocols thereto,

| — | having regard to the Universal Declaration of Human Rights, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights,

| — | having regard to the international human rights treaties of the United Nations and the Council of Europe, |
| --- | --- |

—

having regard to the international human rights treaties of the United Nations and the Council of Europe,

| — | having regard to the Rule of Law Checklist adopted by the Venice Commission at its 106th plenary session in Venice on 11-12 March 2016, |
| --- | --- |

—

having regard to the Rule of Law Checklist adopted by the Venice Commission at its 106th plenary session in Venice on 11-12 March 2016,

| — | having regard to the Commission communication of 11 March 2014 entitled ‘A new EU Framework to strengthen the Rule of Law’ (COM(2014)0158), |
| --- | --- |

—

having regard to the Commission communication of 11 March 2014 entitled ‘A new EU Framework to strengthen the Rule of Law’ (COM(2014)0158),

| — | having regard to its resolution of 12 September 2018 on a proposal calling on the Council to determine, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded (1), |
| --- | --- |

—

having regard to its resolution of 12 September 2018 on a proposal calling on the Council to determine, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded (1),

| — | having regard to its resolutions of 16 January 2020 (2) and 5 May 2022 (3) on ongoing hearings under Article 7(1) TEU regarding Poland and Hungary, |
| --- | --- |

—

having regard to its resolutions of 16 January 2020 (2) and 5 May 2022 (3) on ongoing hearings under Article 7(1) TEU regarding Poland and Hungary,

| — | having regard to its resolution of 8 July 2021 on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament (4), |
| --- | --- |

—

having regard to its resolution of 8 July 2021 on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament (4),

| — | having regard to the country chapters on Hungary in the Commission’s annual Rule of Law Reports, |
| --- | --- |

—

having regard to the country chapters on Hungary in the Commission’s annual Rule of Law Reports,

| — | having regard to Rule 105(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(5) of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Constitutional Affairs, |
| --- | --- |

—

having regard to the opinion of the Committee on Constitutional Affairs,

| — | having regard to the interim report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0217/2022), |
| --- | --- |

—

having regard to the interim report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0217/2022),

| A. | whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 TEU and as reflected in the Charter and embedded in international human rights treaties, and whereas those values, which are common to the Member States, constitute the foundation of the rights enjoyed by those living in the Union; |
| --- | --- |

A.

whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 TEU and as reflected in the Charter and embedded in international human rights treaties, and whereas those values, which are common to the Member States, constitute the foundation of the rights enjoyed by those living in the Union;

| B. | whereas as is apparent from Article 49 TEU, which provides for the possibility for any European state to apply to become a member of the European Union, the European Union is composed of states which have freely and voluntarily committed themselves to the common values referred to in Article 2 TEU, which respect those values and which undertake to promote them, with EU law being based on the fundamental premise that each Member State shares with all the other Member States, and recognises that those Member States share with it those same values (5); |
| --- | --- |

B.

whereas as is apparent from Article 49 TEU, which provides for the possibility for any European state to apply to become a member of the European Union, the European Union is composed of states which have freely and voluntarily committed themselves to the common values referred to in Article 2 TEU, which respect those values and which undertake to promote them, with EU law being based on the fundamental premise that each Member State shares with all the other Member States, and recognises that those Member States share with it those same values (5);

| C. | whereas that premise implies and justifies the existence of mutual trust between the Member States that those values will be recognised and, therefore, that the law of the EU that implements them will be respected (6); |
| --- | --- |

C.

whereas that premise implies and justifies the existence of mutual trust between the Member States that those values will be recognised and, therefore, that the law of the EU that implements them will be respected (6);

| D. | whereas compliance by a Member State with the values contained in Article 2 TEU is a condition for the enjoyment of all the rights deriving from the application of the Treaties to that Member State; whereas any violation of EU fundamental values by a Member State government inevitably implies an attack on citizens’ personal freedom, political and social rights, as well as their wealth and well-being; whereas Hungary itself has subscribed to the values enshrined in Article 2 TEU; |
| --- | --- |

D.

whereas compliance by a Member State with the values contained in Article 2 TEU is a condition for the enjoyment of all the rights deriving from the application of the Treaties to that Member State; whereas any violation of EU fundamental values by a Member State government inevitably implies an attack on citizens’ personal freedom, political and social rights, as well as their wealth and well-being; whereas Hungary itself has subscribed to the values enshrined in Article 2 TEU;

| E. | whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations which arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Union; |
| --- | --- |

E.

whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations which arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Union;

| F. | whereas Article 19 TEU gives concrete expression to the value of the rule of law affirmed in Article 2 TEU and entrusts the responsibility for ensuring the full application of EU law in all Member States and judicial protection of the rights of individuals under that law to national courts and tribunals and to the Court of Justice (7); |
| --- | --- |

F.

whereas Article 19 TEU gives concrete expression to the value of the rule of law affirmed in Article 2 TEU and entrusts the responsibility for ensuring the full application of EU law in all Member States and judicial protection of the rights of individuals under that law to national courts and tribunals and to the Court of Justice (7);

| G. | whereas any clear risk of a serious breach by a Member State of the values referred to in Article 2 TEU does not concern solely the individual Member State where the risk materialises but has an impact on the other Member States, on mutual trust between them and on the very nature of the Union and its citizens’ fundamental rights under Union law; |
| --- | --- |

G.

whereas any clear risk of a serious breach by a Member State of the values referred to in Article 2 TEU does not concern solely the individual Member State where the risk materialises but has an impact on the other Member States, on mutual trust between them and on the very nature of the Union and its citizens’ fundamental rights under Union law;

| H. | whereas the scope of Article 7 TEU is not confined to the obligations under the Treaties, as in Article 258 of the Treaty on the Functioning of the European Union (TFEU), and whereas the Union can assess the existence of a clear risk of a serious breach of the common values in areas falling under Member States’ competences; |
| --- | --- |

H.

whereas the scope of Article 7 TEU is not confined to the obligations under the Treaties, as in Article 258 of the Treaty on the Functioning of the European Union (TFEU), and whereas the Union can assess the existence of a clear risk of a serious breach of the common values in areas falling under Member States’ competences;

| I. | whereas for several years the situation in Hungary has not been sufficiently addressed and many concerns remain, and in the meantime many new issues have arisen, which is having a negative impact on the image of the Union, as well as its effectiveness and credibility in the defence of fundamental rights, human rights and democracy globally, and revealing the need to address them through concerted Union action; |
| --- | --- |

I.

whereas for several years the situation in Hungary has not been sufficiently addressed and many concerns remain, and in the meantime many new issues have arisen, which is having a negative impact on the image of the Union, as well as its effectiveness and credibility in the defence of fundamental rights, human rights and democracy globally, and revealing the need to address them through concerted Union action;

| J. | whereas following the ad hoc delegation of its Committee on Civil Liberties, Justice and Home Affairs to Budapest, Hungary, from 29 September to 1 October 2021, the majority of the members of the delegation still have serious concerns about democracy, the rule of law and fundamental rights in the country; whereas the delegation has concluded that the situation has not improved since 2018, but has instead deteriorated; |
| --- | --- |

J.

whereas following the ad hoc delegation of its Committee on Civil Liberties, Justice and Home Affairs to Budapest, Hungary, from 29 September to 1 October 2021, the majority of the members of the delegation still have serious concerns about democracy, the rule of law and fundamental rights in the country; whereas the delegation has concluded that the situation has not improved since 2018, but has instead deteriorated;

| K. | whereas Hungary’s Government disregards the principle of the primacy of EU law as enshrined in the case-law of the Court of Justice, but seeks recourse to the Court of Justice when it comes to bringing actions concerning existing European acts; |
| --- | --- |

K.

whereas Hungary’s Government disregards the principle of the primacy of EU law as enshrined in the case-law of the Court of Justice, but seeks recourse to the Court of Justice when it comes to bringing actions concerning existing European acts;

| L. | whereas the Hungarian Parliament adopted a resolution on 19 July 2022 calling for the European Parliament’s powers to be limited, and for MEPs to be appointed rather than elected; |
| --- | --- |

L.

whereas the Hungarian Parliament adopted a resolution on 19 July 2022 calling for the European Parliament’s powers to be limited, and for MEPs to be appointed rather than elected;

| M. | whereas the peaceful coexistence of different ethnic groups has positive effects on the cultural wealth and prosperity of the nation; |
| --- | --- |

M.

whereas the peaceful coexistence of different ethnic groups has positive effects on the cultural wealth and prosperity of the nation;

| N. | whereas blocking restrictive measures against Russia in the Council undermines the Union’s efforts to protect the values enshrined in Article 2 TEU within and beyond the EU, and constitutes a security problem for the European Union; |
| --- | --- |

N.

whereas blocking restrictive measures against Russia in the Council undermines the Union’s efforts to protect the values enshrined in Article 2 TEU within and beyond the EU, and constitutes a security problem for the European Union;

Functioning of the constitutional and electoral system

| O. | whereas on 13 July 2022, the Commission indicated in the country chapter on Hungary of the 2022 Rule of Law Report that the transparency and quality of the legislative process remain a source of concern, and the Hungarian Government has been using its emergency powers extensively, also in areas not related to the COVID-19 pandemic as initially invoked; whereas the ineffective implementation by state organs of judgments of European and national courts is a source of concern; whereas the public-interest trusts receiving significant public funding and managed by board members close to the current government have become operational; |
| --- | --- |

O.

whereas on 13 July 2022, the Commission indicated in the country chapter on Hungary of the 2022 Rule of Law Report that the transparency and quality of the legislative process remain a source of concern, and the Hungarian Government has been using its emergency powers extensively, also in areas not related to the COVID-19 pandemic as initially invoked; whereas the ineffective implementation by state organs of judgments of European and national courts is a source of concern; whereas the public-interest trusts receiving significant public funding and managed by board members close to the current government have become operational;

| P. | whereas in its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (8), Parliament deemed totally incompatible with European values the Hungarian Government’s decision to prolong the state of emergency indefinitely, to authorise itself to rule by decree without a time limit, and to weaken the emergency oversight of the Hungarian Parliament; whereas in its recommendation of 20 July 2020 on the 2020 National Reform Programme of Hungary and delivering a Council opinion on the 2020 Convergence Programme of Hungary (9), the Council recommended ensuring that any emergency measures be strictly proportionate, limited in time and in line with European and international standards, that they do not interfere with business activities and the stability of the regulatory environment, and the effective involvement of social partners and stakeholders in the policy-making process; |
| --- | --- |

P.

whereas in its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (8), Parliament deemed totally incompatible with European values the Hungarian Government’s decision to prolong the state of emergency indefinitely, to authorise itself to rule by decree without a time limit, and to weaken the emergency oversight of the Hungarian Parliament; whereas in its recommendation of 20 July 2020 on the 2020 National Reform Programme of Hungary and delivering a Council opinion on the 2020 Convergence Programme of Hungary (9), the Council recommended ensuring that any emergency measures be strictly proportionate, limited in time and in line with European and international standards, that they do not interfere with business activities and the stability of the regulatory environment, and the effective involvement of social partners and stakeholders in the policy-making process;

| Q. | whereas in its second interim compliance report adopted on 25 September 2020, the Council of Europe Group of States against Corruption (GRECO) welcomed the amendments to the Act on the National Assembly to make the provisions prohibiting or restricting members of parliament (MPs) from engaging in certain activities more operational by providing for clearer consequences in case these matters are not resolved by the MP in question; whereas, however, the report also found that more determined measures remain necessary to improve the current integrity framework of the Hungarian Parliament, in particular to improve the level of transparency and consultation in the legislative process (including the introduction of rules on interactions with lobbyists), to adopt a code of conduct for MPs (covering in particular various situations that could lead to a conflict of interest), to further develop rules obliging MPs to disclose in an ad hoc manner potential conflicts between their parliamentary work and their private interests, to ensure a uniform format of asset declarations and to review the broad immunity enjoyed by MPs, as well as to ensure the effective supervision and enforcement of rules of conduct, conflict of interest and asset declarations; |
| --- | --- |

Q.

whereas in its second interim compliance report adopted on 25 September 2020, the Council of Europe Group of States against Corruption (GRECO) welcomed the amendments to the Act on the National Assembly to make the provisions prohibiting or restricting members of parliament (MPs) from engaging in certain activities more operational by providing for clearer consequences in case these matters are not resolved by the MP in question; whereas, however, the report also found that more determined measures remain necessary to improve the current integrity framework of the Hungarian Parliament, in particular to improve the level of transparency and consultation in the legislative process (including the introduction of rules on interactions with lobbyists), to adopt a code of conduct for MPs (covering in particular various situations that could lead to a conflict of interest), to further develop rules obliging MPs to disclose in an ad hoc manner potential conflicts between their parliamentary work and their private interests, to ensure a uniform format of asset declarations and to review the broad immunity enjoyed by MPs, as well as to ensure the effective supervision and enforcement of rules of conduct, conflict of interest and asset declarations;

| R. | whereas in a statement issued on 20 November 2020, the Commissioner for Human Rights of the Council of Europe urged the Hungarian Parliament to postpone the vote on draft bills, fearing that several proposals contained in the complex legislative package, submitted without prior consultation and relating to matters including the functioning of the judiciary, election law, national human rights structures, scrutiny over public funds, and the human rights of LGBTI people, could serve to undermine democracy, the rule of law and human rights in Hungary; whereas in its opinion of 2 July 2021 on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission noted with concern that the constitutional amendments were adopted during a state of emergency without any public consultation, and that the explanatory memorandum consists of only three pages; whereas the Venice Commission also indicated that Articles 6, 9 and 11 of the Ninth Amendment amending the Fundamental Law of Hungary relating to declarations of war, control of the Hungarian defence forces, and the ‘special legal order’ pertaining to the state of war, state of emergency and state of danger mainly leave the specification of most details to cardinal acts, which could eventually raise some serious questions regarding the scope of the powers of the state during states of exception; whereas as regards the abolition of the National Defence Council and the entrusting of its powers to the government, the Venice Commission indicated that, while it is not contrary as such to European standards, it leads to a concentration of emergency powers in the hands of the executive, which cannot be considered an encouraging sign, notably in the absence of any clarification in the explanatory memorandum for the ratio or necessity of such a modification; |
| --- | --- |

R.

whereas in a statement issued on 20 November 2020, the Commissioner for Human Rights of the Council of Europe urged the Hungarian Parliament to postpone the vote on draft bills, fearing that several proposals contained in the complex legislative package, submitted without prior consultation and relating to matters including the functioning of the judiciary, election law, national human rights structures, scrutiny over public funds, and the human rights of LGBTI people, could serve to undermine democracy, the rule of law and human rights in Hungary; whereas in its opinion of 2 July 2021 on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission noted with concern that the constitutional amendments were adopted during a state of emergency without any public consultation, and that the explanatory memorandum consists of only three pages; whereas the Venice Commission also indicated that Articles 6, 9 and 11 of the Ninth Amendment amending the Fundamental Law of Hungary relating to declarations of war, control of the Hungarian defence forces, and the ‘special legal order’ pertaining to the state of war, state of emergency and state of danger mainly leave the specification of most details to cardinal acts, which could eventually raise some serious questions regarding the scope of the powers of the state during states of exception; whereas as regards the abolition of the National Defence Council and the entrusting of its powers to the government, the Venice Commission indicated that, while it is not contrary as such to European standards, it leads to a concentration of emergency powers in the hands of the executive, which cannot be considered an encouraging sign, notably in the absence of any clarification in the explanatory memorandum for the ratio or necessity of such a modification;

| S. | whereas on 12 February 2021, the Congress of Local and Regional Authorities of the Council of Europe noted a generally negative situation in terms of local and regional self-government in Hungary due to a general failure to comply with the European Charter of Local Self-Government, and expressed concerns about a clear trend towards recentralisation, a lack of effective consultation and significant interference by the state in municipal functions; whereas the congress also highlighted certain shortcomings in the situation of local self-government in the country, such as a lack of financial resources available to local authorities and their inability to recruit high-quality staff; |
| --- | --- |

S.

whereas on 12 February 2021, the Congress of Local and Regional Authorities of the Council of Europe noted a generally negative situation in terms of local and regional self-government in Hungary due to a general failure to comply with the European Charter of Local Self-Government, and expressed concerns about a clear trend towards recentralisation, a lack of effective consultation and significant interference by the state in municipal functions; whereas the congress also highlighted certain shortcomings in the situation of local self-government in the country, such as a lack of financial resources available to local authorities and their inability to recruit high-quality staff;

| T. | whereas changes made to the electoral law over the years through constituency reshaping and winner compensation are disadvantaging opposition parties; whereas in their joint opinion of 18 October 2021 on the 2020 amendments to electoral legislation in Hungary, the Venice Commission and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) stressed that the speed of adoption and lack of meaningful public consultations were particularly worrisome in the case of electoral legislation, which should not be seen as a political instrument; whereas the Venice Commission and the OSCE ODIHR also made the key recommendation to amend Section 3 and Section 68 of Act CLXVII of 2020 on the Amendment of Certain Acts relating to Elections by significantly reducing the number of single-member constituencies and the number of counties in which each party needs to nominate candidates simultaneously in order to be able to run a national list of candidates, as well as a number of further recommendations; |
| --- | --- |

T.

whereas changes made to the electoral law over the years through constituency reshaping and winner compensation are disadvantaging opposition parties; whereas in their joint opinion of 18 October 2021 on the 2020 amendments to electoral legislation in Hungary, the Venice Commission and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) stressed that the speed of adoption and lack of meaningful public consultations were particularly worrisome in the case of electoral legislation, which should not be seen as a political instrument; whereas the Venice Commission and the OSCE ODIHR also made the key recommendation to amend Section 3 and Section 68 of Act CLXVII of 2020 on the Amendment of Certain Acts relating to Elections by significantly reducing the number of single-member constituencies and the number of counties in which each party needs to nominate candidates simultaneously in order to be able to run a national list of candidates, as well as a number of further recommendations;

| U. | whereas democratic elections organised on a level playing field are of the utmost importance to the democratic nature of our societies; whereas in response to concerns over the fairness of the elections and appeals from civil society, the OSCE decided to send a full-scale international election observation mission to the general elections and referendum held on 3 April 2022, which is a rare occurrence for EU Member States; whereas in its subsequent statement of preliminary findings and conclusions published on 4 April 2022, the OSCE international election observation mission found that the elections and referendum had been well administered and professionally managed, but marred by the absence of a level playing field; whereas contestants were largely able to campaign freely, but while competitive, the campaign was highly negative in tone and characterised by a pervasive overlap between the ruling coalition and the government, while the lack of transparency and insufficient oversight of campaign finances further benefited the governing coalition; whereas the manner in which many electoral disputes were handled by electoral commissions and courts fell short of providing effective legal remedy; whereas in its final report published on 29 July 2022, the OSCE international election observation mission indicated that many prior ODIHR recommendations remain largely unaddressed, including on suffrage rights, prevention of the misuse of administrative resources and blurring of state and party functions, media freedom, campaign finance, and citizen observation; whereas contrary to international good practice, Hungarian legislation allows for deviations of up to 20 % from the average number of voters per single-mandate constituency, and contrary to national legislation, the Hungarian Parliament did not revise the boundaries of constituencies that exceeded the established deviation limit following the 2018 elections; whereas the unequal distribution of voters among the constituencies, with deviations from the average of up to 33 %, challenges the principle of equality of the vote; |
| --- | --- |

U.

whereas democratic elections organised on a level playing field are of the utmost importance to the democratic nature of our societies; whereas in response to concerns over the fairness of the elections and appeals from civil society, the OSCE decided to send a full-scale international election observation mission to the general elections and referendum held on 3 April 2022, which is a rare occurrence for EU Member States; whereas in its subsequent statement of preliminary findings and conclusions published on 4 April 2022, the OSCE international election observation mission found that the elections and referendum had been well administered and professionally managed, but marred by the absence of a level playing field; whereas contestants were largely able to campaign freely, but while competitive, the campaign was highly negative in tone and characterised by a pervasive overlap between the ruling coalition and the government, while the lack of transparency and insufficient oversight of campaign finances further benefited the governing coalition; whereas the manner in which many electoral disputes were handled by electoral commissions and courts fell short of providing effective legal remedy; whereas in its final report published on 29 July 2022, the OSCE international election observation mission indicated that many prior ODIHR recommendations remain largely unaddressed, including on suffrage rights, prevention of the misuse of administrative resources and blurring of state and party functions, media freedom, campaign finance, and citizen observation; whereas contrary to international good practice, Hungarian legislation allows for deviations of up to 20 % from the average number of voters per single-mandate constituency, and contrary to national legislation, the Hungarian Parliament did not revise the boundaries of constituencies that exceeded the established deviation limit following the 2018 elections; whereas the unequal distribution of voters among the constituencies, with deviations from the average of up to 33 %, challenges the principle of equality of the vote;

| V. | whereas on 24 May 2022, the Hungarian Parliament adopted the 10th Amendment to the Fundamental Law to enable the government to declare a state of danger in the case of an armed conflict, war or humanitarian disaster in a neighbouring country; whereas it also amended the Disaster Management Act, allowing the government to override acts of parliament via emergency decrees in any area during a state of danger declared due to an armed conflict, war or humanitarian disaster in a neighbouring country, with the potential to suspend or restrict the exercise of fundamental rights beyond the extent permissible in ordinary circumstances; whereas on 8 June 2022, the Hungarian Parliament adopted Act VI of 2022 on Eliminating the Consequences in Hungary of an Armed Conflict and Humanitarian Disaster in a Neighbouring Country, which entered into force on the same day; whereas this act authorises the government to extend the effect of emergency government decrees until the state of danger has been terminated by the government; |
| --- | --- |

V.

whereas on 24 May 2022, the Hungarian Parliament adopted the 10th Amendment to the Fundamental Law to enable the government to declare a state of danger in the case of an armed conflict, war or humanitarian disaster in a neighbouring country; whereas it also amended the Disaster Management Act, allowing the government to override acts of parliament via emergency decrees in any area during a state of danger declared due to an armed conflict, war or humanitarian disaster in a neighbouring country, with the potential to suspend or restrict the exercise of fundamental rights beyond the extent permissible in ordinary circumstances; whereas on 8 June 2022, the Hungarian Parliament adopted Act VI of 2022 on Eliminating the Consequences in Hungary of an Armed Conflict and Humanitarian Disaster in a Neighbouring Country, which entered into force on the same day; whereas this act authorises the government to extend the effect of emergency government decrees until the state of danger has been terminated by the government;

| W. | whereas the Fundamental Law has been amended 10 times since its adoption; whereas cardinal acts cover 35 subject matters and now amount to more than 300 pieces of legislation that were adopted since 2011, often without public consultation even if fundamental rights have been affected; |
| --- | --- |

W.

whereas the Fundamental Law has been amended 10 times since its adoption; whereas cardinal acts cover 35 subject matters and now amount to more than 300 pieces of legislation that were adopted since 2011, often without public consultation even if fundamental rights have been affected;

| X. | whereas in a joint statement issued in 2013, the presidents of the Hungarian and Romanian Constitutional Courts emphasised the special responsibility of constitutional courts in countries governed by a two-thirds majority; whereas the Fourth Amendment to the Fundamental Law stipulated that Constitutional Court rulings given prior to the entry into force of the Fundamental Law were to be repealed; whereas the Constitutional Court increasingly relies on the concept of constitutional identity in its decisions; whereas in case-law, the concept of constitutional identity is determined on a case-by-case basis while taking precedence over the Fundamental Law; whereas the Hungarian Government increasingly seeks recourse to the Constitutional Court to avoid having to enforce judgments of the Court of Justice of the EU (CJEU); whereas on 18 May 2022, the Constitutional Court blocked the referendums on the government’s plans to construct a campus in Budapest for Fudan University and to extend unemployment benefits to a maximum of nine months from the current three-month period; |
| --- | --- |

X.

whereas in a joint statement issued in 2013, the presidents of the Hungarian and Romanian Constitutional Courts emphasised the special responsibility of constitutional courts in countries governed by a two-thirds majority; whereas the Fourth Amendment to the Fundamental Law stipulated that Constitutional Court rulings given prior to the entry into force of the Fundamental Law were to be repealed; whereas the Constitutional Court increasingly relies on the concept of constitutional identity in its decisions; whereas in case-law, the concept of constitutional identity is determined on a case-by-case basis while taking precedence over the Fundamental Law; whereas the Hungarian Government increasingly seeks recourse to the Constitutional Court to avoid having to enforce judgments of the Court of Justice of the EU (CJEU); whereas on 18 May 2022, the Constitutional Court blocked the referendums on the government’s plans to construct a campus in Budapest for Fudan University and to extend unemployment benefits to a maximum of nine months from the current three-month period;

| Y. | whereas there is increasing consensus among experts that Hungary is no longer a democracy; whereas according to the University of Gothenburg’s V-Dem Democracy Index 2019, Hungary has become the EU’s first ever authoritarian Member State; whereas Hungary was identified as a ‘hybrid regime’, having lost its status as a ‘semi-consolidated democracy’ in the 2020 Freedom House Nations in Transit Report; whereas Hungary is rated as a ‘flawed democracy’ and ranks 56th out of 167 countries (one position below its 2020 ranking) in the Economist Intelligence Unit’s 2022 Democracy Index; whereas according to the V-Dem Democracy Index 2022, among EU Member States, Hungary has been one of the world’s leading autocratisers over the past decade; |
| --- | --- |

Y.

whereas there is increasing consensus among experts that Hungary is no longer a democracy; whereas according to the University of Gothenburg’s V-Dem Democracy Index 2019, Hungary has become the EU’s first ever authoritarian Member State; whereas Hungary was identified as a ‘hybrid regime’, having lost its status as a ‘semi-consolidated democracy’ in the 2020 Freedom House Nations in Transit Report; whereas Hungary is rated as a ‘flawed democracy’ and ranks 56th out of 167 countries (one position below its 2020 ranking) in the Economist Intelligence Unit’s 2022 Democracy Index; whereas according to the V-Dem Democracy Index 2022, among EU Member States, Hungary has been one of the world’s leading autocratisers over the past decade;

Independence of the judiciary and of other institutions and the rights of judges

| Z. | whereas on 13 July 2022, the Commission indicated in the country chapter on Hungary of the 2022 Rule of Law Report that as regards judicial independence, concerns expressed in the context of the Article 7(1) TEU procedure initiated by the European Parliament, as well as in previous Rule of Law Reports, remain unaddressed, as was the case for the relevant recommendation made under the European Semester; whereas these concerns relate in particular to the challenges faced by the independent National Judicial Council (NJC) in counter-balancing the powers of the President of the National Office for the Judiciary (NOJ), the rules on electing the President of the Supreme Court (Kúria), and the possibility of discretionary decisions as regards judicial appointments and promotions, case allocation and bonuses to judges and court executives; whereas as regards efficiency and quality, the justice system performs well in terms of the length of proceedings and has an overall high level of digitalisation, and whereas the salaries of judges and prosecutors continue to increase gradually; whereas on 26 August 2022, several civil society organisations requested that the minister of justice address problems of the Hungarian judiciary after conducting wide-ranging consultations with the general public and experts, including self-governing and representative organs of the judiciary and the Venice Commission; |
| --- | --- |

Z.

whereas on 13 July 2022, the Commission indicated in the country chapter on Hungary of the 2022 Rule of Law Report that as regards judicial independence, concerns expressed in the context of the Article 7(1) TEU procedure initiated by the European Parliament, as well as in previous Rule of Law Reports, remain unaddressed, as was the case for the relevant recommendation made under the European Semester; whereas these concerns relate in particular to the challenges faced by the independent National Judicial Council (NJC) in counter-balancing the powers of the President of the National Office for the Judiciary (NOJ), the rules on electing the President of the Supreme Court (Kúria), and the possibility of discretionary decisions as regards judicial appointments and promotions, case allocation and bonuses to judges and court executives; whereas as regards efficiency and quality, the justice system performs well in terms of the length of proceedings and has an overall high level of digitalisation, and whereas the salaries of judges and prosecutors continue to increase gradually; whereas on 26 August 2022, several civil society organisations requested that the minister of justice address problems of the Hungarian judiciary after conducting wide-ranging consultations with the general public and experts, including self-governing and representative organs of the judiciary and the Venice Commission;

| AA. | whereas in its judgment of 23 November 2021 in Case C-564/19 IS‘Illégalité de l’ordonnance de renvoi’, the CJEU ruled that Article 267 TFEU must be interpreted as precluding the supreme court of a Member State from declaring that a request for a preliminary ruling by a lower court is unlawful on the grounds that the questions referred are not relevant and necessary for the resolution of the dispute in the main proceedings; whereas the principle of the primacy of EU law requires the lower court to disregard such a decision of the national supreme court; whereas Article 267 TFEU must be interpreted as precluding disciplinary proceedings from being brought against a national judge on the grounds that he or she has made a reference for a preliminary ruling to the CJEU under that provision; |
| --- | --- |

AA.

whereas in its judgment of 23 November 2021 in Case C-564/19 IS‘Illégalité de l’ordonnance de renvoi’, the CJEU ruled that Article 267 TFEU must be interpreted as precluding the supreme court of a Member State from declaring that a request for a preliminary ruling by a lower court is unlawful on the grounds that the questions referred are not relevant and necessary for the resolution of the dispute in the main proceedings; whereas the principle of the primacy of EU law requires the lower court to disregard such a decision of the national supreme court; whereas Article 267 TFEU must be interpreted as precluding disciplinary proceedings from being brought against a national judge on the grounds that he or she has made a reference for a preliminary ruling to the CJEU under that provision;

| AB. | whereas in a statement issued on 14 December 2018, the Commissioner for Human Rights of the Council of Europe called on the President of Hungary to return the legislative package on administrative courts to the Hungarian Parliament; whereas in its opinion of 19 March 2019 on the Law on Administrative Courts and the Law on the Entry into Force of the Law on Administrative Courts and Certain Transitional Rules, the Venice Commission stated that the major drawback of the organisational and administrative model adopted for the administrative courts is that very extensive powers are concentrated in the hands of a few stakeholders and there are no effective checks and balances to counteract those powers; |
| --- | --- |

AB.

whereas in a statement issued on 14 December 2018, the Commissioner for Human Rights of the Council of Europe called on the President of Hungary to return the legislative package on administrative courts to the Hungarian Parliament; whereas in its opinion of 19 March 2019 on the Law on Administrative Courts and the Law on the Entry into Force of the Law on Administrative Courts and Certain Transitional Rules, the Venice Commission stated that the major drawback of the organisational and administrative model adopted for the administrative courts is that very extensive powers are concentrated in the hands of a few stakeholders and there are no effective checks and balances to counteract those powers;

| AC. | whereas in her report of 21 May 2019 following a visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe noted that a series of reforms to the judiciary in Hungary during the 2010s had drawn concern about their effects on the independence of the judiciary, and that in the ordinary court system, questions about the effectiveness of the supervision exercised by the NJC over the President of the NOJ had been raised following the recent anomalies observed in the relationship between those judicial institutions with reference to appointment procedures; whereas while welcoming the recent amendments made to the original legislation on the administrative courts in response to the Venice Commission’s opinion, the Commissioner was not persuaded that the amendments were sufficient to address the serious concerns identified by the Venice Commission; |
| --- | --- |

AC.

whereas in her report of 21 May 2019 following a visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe noted that a series of reforms to the judiciary in Hungary during the 2010s had drawn concern about their effects on the independence of the judiciary, and that in the ordinary court system, questions about the effectiveness of the supervision exercised by the NJC over the President of the NOJ had been raised following the recent anomalies observed in the relationship between those judicial institutions with reference to appointment procedures; whereas while welcoming the recent amendments made to the original legislation on the administrative courts in response to the Venice Commission’s opinion, the Commissioner was not persuaded that the amendments were sufficient to address the serious concerns identified by the Venice Commission;

| AD. | whereas in 2019 the Hungarian Parliament decided to postpone the entry into force of the legislative package on administrative courts and the government stated that it had abandoned the idea of introducing separate administrative courts; whereas several important elements of the package were introduced through a series of legislative amendments adopted between 2019 and 2021; |
| --- | --- |

AD.

whereas in 2019 the Hungarian Parliament decided to postpone the entry into force of the legislative package on administrative courts and the government stated that it had abandoned the idea of introducing separate administrative courts; whereas several important elements of the package were introduced through a series of legislative amendments adopted between 2019 and 2021;

| AE. | whereas in a statement issued on 28 November 2019, the Commissioner for Human Rights of the Council of Europe urged the Hungarian Parliament to modify a bill affecting the independence of the judiciary; whereas the Commissioner considered that the provisions opening up the possibility for administrative authorities to introduce constitutional complaints following unfavourable rulings by the ordinary courts raised concerns about upholding fair trial guarantees for the individual complainant and, coupled with the proposed changes on the qualifications and appointments of judges and the uniformity of jurisprudence, the legislative measures also run the risk of diminishing the independence of individual judges in their core duties and of creating excessive hierarchies within the judicial system; |
| --- | --- |

AE.

whereas in a statement issued on 28 November 2019, the Commissioner for Human Rights of the Council of Europe urged the Hungarian Parliament to modify a bill affecting the independence of the judiciary; whereas the Commissioner considered that the provisions opening up the possibility for administrative authorities to introduce constitutional complaints following unfavourable rulings by the ordinary courts raised concerns about upholding fair trial guarantees for the individual complainant and, coupled with the proposed changes on the qualifications and appointments of judges and the uniformity of jurisprudence, the legislative measures also run the risk of diminishing the independence of individual judges in their core duties and of creating excessive hierarchies within the judicial system;

| AF. | whereas in its opinion of 16 October 2021 on the amendments to the Act on the Organisation and Administration of the Courts and the Act on the Legal Status and Remuneration of Judges adopted by the Hungarian Parliament in December 2020, the Venice Commission reiterated the recommendations on the role of the President of the NOJ from its 2012 opinion, which had not been addressed; whereas the Venice Commission also recommended setting up clear, transparent and foreseeable conditions for the seconded judges to be assigned to a higher position after the period of secondment; whereas the Venice Commission made several recommendations related to the allocation of cases, the power of the President of the Kúria to increase the members of adjudicating panels, the uniformity decisions and the composition of chambers in the uniformity complaint procedure; whereas the Venice Commission also observed that the regime for the appointment of the President of the Kúria introduced with the 2019 amendments could pose serious risks of politicisation and have important consequences for the independence of the judiciary, or the perception thereof by the public, considering the crucial role of this position in the judicial system; |
| --- | --- |

AF.

whereas in its opinion of 16 October 2021 on the amendments to the Act on the Organisation and Administration of the Courts and the Act on the Legal Status and Remuneration of Judges adopted by the Hungarian Parliament in December 2020, the Venice Commission reiterated the recommendations on the role of the President of the NOJ from its 2012 opinion, which had not been addressed; whereas the Venice Commission also recommended setting up clear, transparent and foreseeable conditions for the seconded judges to be assigned to a higher position after the period of secondment; whereas the Venice Commission made several recommendations related to the allocation of cases, the power of the President of the Kúria to increase the members of adjudicating panels, the uniformity decisions and the composition of chambers in the uniformity complaint procedure; whereas the Venice Commission also observed that the regime for the appointment of the President of the Kúria introduced with the 2019 amendments could pose serious risks of politicisation and have important consequences for the independence of the judiciary, or the perception thereof by the public, considering the crucial role of this position in the judicial system;

| AG. | whereas in its second interim compliance report adopted on 25 September 2020, GRECO noted that no further progress had been reported in relation to judges and the three remaining non-implemented recommendations thereon, and that its own findings on the powers of the President of the NOJ (both as regards the process of appointing or promoting candidates for judicial positions and the process of re-assigning judges) remained of special significance; whereas with regard to prosecutors, GRECO welcomed the entry into force of legislative amendments making the involvement of a disciplinary commissioner compulsory in disciplinary proceedings, but could not corroborate whether or not its 17th recommendation (disciplinary proceedings in respect of prosecutors) had been complied with; whereas no progress had been achieved regarding the prolongation of the term of the Prosecutor General, the broad immunity enjoyed by prosecutors and the development of criteria to guide the removal of cases from subordinate prosecutors; |
| --- | --- |

AG.

whereas in its second interim compliance report adopted on 25 September 2020, GRECO noted that no further progress had been reported in relation to judges and the three remaining non-implemented recommendations thereon, and that its own findings on the powers of the President of the NOJ (both as regards the process of appointing or promoting candidates for judicial positions and the process of re-assigning judges) remained of special significance; whereas with regard to prosecutors, GRECO welcomed the entry into force of legislative amendments making the involvement of a disciplinary commissioner compulsory in disciplinary proceedings, but could not corroborate whether or not its 17th recommendation (disciplinary proceedings in respect of prosecutors) had been complied with; whereas no progress had been achieved regarding the prolongation of the term of the Prosecutor General, the broad immunity enjoyed by prosecutors and the development of criteria to guide the removal of cases from subordinate prosecutors;

| AH. | whereas in his communication to the Government of Hungary on 15 April 2021, the UN Special Rapporteur on the independence of judges and lawyers opined that the appointment of the President of the Kúria may be regarded as an attack on the independence of the judiciary and an attempt to submit the judiciary to the will of the legislative branch, in violation of the principle of separation of powers; whereas the Special Rapporteur also highlighted the particularly concerning fact that the President of the Kúria was elected in spite of the manifest objection of the NJC, and pointed out that the decision to ignore the negative opinion expressed by the NJC may be interpreted as a political statement by the ruling majority; whereas according to the Special Rapporteur, the main effect — if not the main goal — of the reforms of the judicial system had been to hamper the constitutionally protected principle of judicial independence and to enable the legislative and executive branches to interfere with the administration of justice; |
| --- | --- |

AH.

whereas in his communication to the Government of Hungary on 15 April 2021, the UN Special Rapporteur on the independence of judges and lawyers opined that the appointment of the President of the Kúria may be regarded as an attack on the independence of the judiciary and an attempt to submit the judiciary to the will of the legislative branch, in violation of the principle of separation of powers; whereas the Special Rapporteur also highlighted the particularly concerning fact that the President of the Kúria was elected in spite of the manifest objection of the NJC, and pointed out that the decision to ignore the negative opinion expressed by the NJC may be interpreted as a political statement by the ruling majority; whereas according to the Special Rapporteur, the main effect — if not the main goal — of the reforms of the judicial system had been to hamper the constitutionally protected principle of judicial independence and to enable the legislative and executive branches to interfere with the administration of justice;

| AI. | whereas in its decision of 2 December 2021 concerning the pending enhanced supervision of the execution of the judgments of the European Court of Human Rights (ECtHR) in Gazsó group v Hungary, the Committee of Ministers of the Council of Europe recalled that the group of cases in question concerned the structural problem of the excessive length of civil, criminal and administrative proceedings and the lack of effective domestic remedies; whereas the Committee of Ministers noted with satisfaction the adoption of the bill introducing a compensatory remedy for excessively long civil proceedings, but firmly called on the authorities to ensure that it was compliant with the European Convention on Human Rights; whereas in the light of the importance of the matter, its technical nature and the expiry of the deadline set by the ECtHR in its pilot judgment for 16 October 2016, the Committee of Ministers strongly encouraged the authorities to explore any possible avenue for accelerating their planning; |
| --- | --- |

AI.

whereas in its decision of 2 December 2021 concerning the pending enhanced supervision of the execution of the judgments of the European Court of Human Rights (ECtHR) in Gazsó group v Hungary, the Committee of Ministers of the Council of Europe recalled that the group of cases in question concerned the structural problem of the excessive length of civil, criminal and administrative proceedings and the lack of effective domestic remedies; whereas the Committee of Ministers noted with satisfaction the adoption of the bill introducing a compensatory remedy for excessively long civil proceedings, but firmly called on the authorities to ensure that it was compliant with the European Convention on Human Rights; whereas in the light of the importance of the matter, its technical nature and the expiry of the deadline set by the ECtHR in its pilot judgment for 16 October 2016, the Committee of Ministers strongly encouraged the authorities to explore any possible avenue for accelerating their planning;

| AJ. | whereas on 9 March 2022, in its interim resolution concerning the pending enhanced supervision of the execution of the ECtHR judgment in Baka v Hungary, the Committee of Ministers of the Council of Europe strongly urged the authorities to step up their efforts to find ways, in close cooperation with the Secretariat of the Committee of Ministers, to introduce the required measures to ensure that a decision by the Hungarian Parliament to impeach the President of the Kúria would be subject to effective oversight by an independent judicial body in line with ECtHR case-law; whereas the Committee of Ministers also recalled, once again, the undertaking made by the authorities to evaluate the domestic legislation on the status of judges and the administration of courts, and urged them to present the conclusions of their evaluation, including of the guarantees and safeguards protecting judges from undue interferences, so as to enable the Committee of Ministers to make a full assessment as to whether the concerns regarding the ‘chilling effect’ on the freedom of expression of judges caused by the violations in these cases had been dispelled; |
| --- | --- |

AJ.

whereas on 9 March 2022, in its interim resolution concerning the pending enhanced supervision of the execution of the ECtHR judgment in Baka v Hungary, the Committee of Ministers of the Council of Europe strongly urged the authorities to step up their efforts to find ways, in close cooperation with the Secretariat of the Committee of Ministers, to introduce the required measures to ensure that a decision by the Hungarian Parliament to impeach the President of the Kúria would be subject to effective oversight by an independent judicial body in line with ECtHR case-law; whereas the Committee of Ministers also recalled, once again, the undertaking made by the authorities to evaluate the domestic legislation on the status of judges and the administration of courts, and urged them to present the conclusions of their evaluation, including of the guarantees and safeguards protecting judges from undue interferences, so as to enable the Committee of Ministers to make a full assessment as to whether the concerns regarding the ‘chilling effect’ on the freedom of expression of judges caused by the violations in these cases had been dispelled;

| AK. | whereas Hungary ranks 69th out of 139 countries in the World Justice Project 2021 Rule of Law Index (down two places compared to the previous year), and occupies last place (31st out of 31) in the EU, European Free Trade Association and North America region; |
| --- | --- |

AK.

whereas Hungary ranks 69th out of 139 countries in the World Justice Project 2021 Rule of Law Index (down two places compared to the previous year), and occupies last place (31st out of 31) in the EU, European Free Trade Association and North America region;

Corruption and conflicts of interest

| AL. | whereas on 13 July 2022, the Commission indicated in the country chapter on Hungary of the 2022 Rule of Law Report that the implementation of most measures under the 2020-2022 anti-corruption strategy has been postponed and that no new strategy has been announced, and that shortcomings persist as regards lobbying and revolving doors, as well as political party and campaign financing; whereas independent control mechanisms remain insufficient to detect corruption, and concerns remain regarding the lack of systematic checks and insufficient oversight of asset and interest declarations as well as the lack of conflict of interest rules for the public-interest trusts; whereas the lack of a robust track record of investigations of corruption allegations concerning high-level officials and their immediate circle remains a serious concern, although some new high-level corruption cases have been opened; whereas the lack of judicial review of decisions not to investigate and prosecute corruption remains a cause for concern, in particular in an environment where risks of clientelism, favouritism and nepotism in high-level public administration remain unaddressed; |
| --- | --- |

AL.

whereas on 13 July 2022, the Commission indicated in the country chapter on Hungary of the 2022 Rule of Law Report that the implementation of most measures under the 2020-2022 anti-corruption strategy has been postponed and that no new strategy has been announced, and that shortcomings persist as regards lobbying and revolving doors, as well as political party and campaign financing; whereas independent control mechanisms remain insufficient to detect corruption, and concerns remain regarding the lack of systematic checks and insufficient oversight of asset and interest declarations as well as the lack of conflict of interest rules for the public-interest trusts; whereas the lack of a robust track record of investigations of corruption allegations concerning high-level officials and their immediate circle remains a serious concern, although some new high-level corruption cases have been opened; whereas the lack of judicial review of decisions not to investigate and prosecute corruption remains a cause for concern, in particular in an environment where risks of clientelism, favouritism and nepotism in high-level public administration remain unaddressed;

| AM. | whereas in its answers to the written questions to Commissioner Hahn for the hearing of 11 November 2019 on the 2018 discharge to the Commission, the Commission indicated that for 2014-2020, flat-rate financial corrections were accepted and implemented in Hungary following a horizontal public procurement audit that identified serious deficiencies in the functioning of the management and control system in relation to the control of public procurement procedures; |
| --- | --- |

AM.

whereas in its answers to the written questions to Commissioner Hahn for the hearing of 11 November 2019 on the 2018 discharge to the Commission, the Commission indicated that for 2014-2020, flat-rate financial corrections were accepted and implemented in Hungary following a horizontal public procurement audit that identified serious deficiencies in the functioning of the management and control system in relation to the control of public procurement procedures;

| AN. | whereas in its recommendation of 12 July 2022 on the 2022 National Reform Programme of Hungary and delivering a Council opinion on the 2022 Convergence Programme of Hungary, the Council recommended that Hungary should take action to reinforce the anti-corruption framework, including by improving prosecutorial efforts and access to public information, and strengthen judicial independence, as well as to improve the quality and transparency of the decision-making process through effective social dialogue, engagement with other stakeholders and regular impact assessments, and to improve competition in public procurement; |
| --- | --- |

AN.

whereas in its recommendation of 12 July 2022 on the 2022 National Reform Programme of Hungary and delivering a Council opinion on the 2022 Convergence Programme of Hungary, the Council recommended that Hungary should take action to reinforce the anti-corruption framework, including by improving prosecutorial efforts and access to public information, and strengthen judicial independence, as well as to improve the quality and transparency of the decision-making process through effective social dialogue, engagement with other stakeholders and regular impact assessments, and to improve competition in public procurement;

| AO. | whereas on 10 June 2021, the European Anti-Fraud Office stated in its 2020 Activity Report that it had recommended that the Commission recover 2,2 % of the payments made under the European Structural and Investment Funds and the European Agricultural Fund for Rural Development for the period 2016-2020; whereas this is the highest percentage of payments to be recovered among all the Member States and is far above the average of 0,29 %; whereas fraud has been committed against EU development funds allocated to Hungary; whereas together with a high level of corruption, there has been an increase in social inequality and poverty, which not only leads to great insecurity among the population but also constitutes a violation of fundamental rights; |
| --- | --- |

AO.

whereas on 10 June 2021, the European Anti-Fraud Office stated in its 2020 Activity Report that it had recommended that the Commission recover 2,2 % of the payments made under the European Structural and Investment Funds and the European Agricultural Fund for Rural Development for the period 2016-2020; whereas this is the highest percentage of payments to be recovered among all the Member States and is far above the average of 0,29 %; whereas fraud has been committed against EU development funds allocated to Hungary; whereas together with a high level of corruption, there has been an increase in social inequality and poverty, which not only leads to great insecurity among the population but also constitutes a violation of fundamental rights;

| AP. | whereas in November 2021 the Commission sent a letter to Hungary underlying problems with the independence of the judiciary, ineffective prosecution of corruption, and deficiencies in public procurement which could pose a risk to the EU’s financial interests; whereas in its letter, the Commission described systemic problems and a lack of accountability for corruption, posing 16 specific questions to the Hungarian authorities on issues such as conflicts of interest, the beneficiaries of EU funding, and guarantees of judicial review by independent courts; whereas despite these concerns, the Commission delayed the application of the Rule of Law Conditionality Regulation (10) until April 2022; |
| --- | --- |

AP.

whereas in November 2021 the Commission sent a letter to Hungary underlying problems with the independence of the judiciary, ineffective prosecution of corruption, and deficiencies in public procurement which could pose a risk to the EU’s financial interests; whereas in its letter, the Commission described systemic problems and a lack of accountability for corruption, posing 16 specific questions to the Hungarian authorities on issues such as conflicts of interest, the beneficiaries of EU funding, and guarantees of judicial review by independent courts; whereas despite these concerns, the Commission delayed the application of the Rule of Law Conditionality Regulation (10) until April 2022;

| AQ. | whereas on 5 April 2022, the Commission President announced that the Commissioner for Budget and Administration, Johannes Hahn, had informed the Hungarian authorities about the Commission’s plans to move on to the next step and formally trigger the Rule of Law Conditionality Regulation, mainly over corruption concerns; whereas the Commission finally initiated the formal procedure against Hungary under the Rule of Law Conditionality Regulation by issuing a written notification on 27 April 2022; whereas on 20 July 2022, the Commission decided to inform Hungary of its intention to make a proposal for a Council implementing decision and give it the opportunity to submit its observations; |
| --- | --- |

AQ.

whereas on 5 April 2022, the Commission President announced that the Commissioner for Budget and Administration, Johannes Hahn, had informed the Hungarian authorities about the Commission’s plans to move on to the next step and formally trigger the Rule of Law Conditionality Regulation, mainly over corruption concerns; whereas the Commission finally initiated the formal procedure against Hungary under the Rule of Law Conditionality Regulation by issuing a written notification on 27 April 2022; whereas on 20 July 2022, the Commission decided to inform Hungary of its intention to make a proposal for a Council implementing decision and give it the opportunity to submit its observations;

| AR. | whereas on 6 April 2022, the Commission decided to send Hungary an additional formal notice to ensure the correct transposition of Directive 2014/24/EU on public procurement (11), Directive 2014/23/EU on the award of concession contracts (12) and Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors (13); whereas according to the Commission, Hungarian law allows for more extensive application of exceptions as regards security reasons and for contracts subsidised via tax benefits, and these exceptions lead to a broader exclusion of contracts from the obligations under EU law; whereas in addition, the Commission believes that changes to the Hungarian mining law, which provide for the possibility to award mining concessions without transparent tendering procedures, are against the principle of transparency; |
| --- | --- |

AR.

whereas on 6 April 2022, the Commission decided to send Hungary an additional formal notice to ensure the correct transposition of Directive 2014/24/EU on public procurement (11), Directive 2014/23/EU on the award of concession contracts (12) and Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors (13); whereas according to the Commission, Hungarian law allows for more extensive application of exceptions as regards security reasons and for contracts subsidised via tax benefits, and these exceptions lead to a broader exclusion of contracts from the obligations under EU law; whereas in addition, the Commission believes that changes to the Hungarian mining law, which provide for the possibility to award mining concessions without transparent tendering procedures, are against the principle of transparency;

| AS. | whereas on 19 May 2022, the Commission decided to send Hungary a letter of formal notice regarding the incorrect transposition of Directive (EU) 2017/1371 on the fight against fraud to the Union’s financial interests by means of criminal law (14); |
| --- | --- |

AS.

whereas on 19 May 2022, the Commission decided to send Hungary a letter of formal notice regarding the incorrect transposition of Directive (EU) 2017/1371 on the fight against fraud to the Union’s financial interests by means of criminal law (14);

| AT. | whereas in its second interim compliance report adopted on 25 September 2020, GRECO noted that Hungary had still only implemented satisfactorily or dealt with in a satisfactory manner five of the 18 recommendations contained in the Fourth Round Evaluation Report and concluded that the overall low level of compliance with the recommendations remained ‘globally unsatisfactory’; |
| --- | --- |

AT.

whereas in its second interim compliance report adopted on 25 September 2020, GRECO noted that Hungary had still only implemented satisfactorily or dealt with in a satisfactory manner five of the 18 recommendations contained in the Fourth Round Evaluation Report and concluded that the overall low level of compliance with the recommendations remained ‘globally unsatisfactory’;

| AU. | whereas Hungary has decided not to participate in enhanced cooperation for the establishment of the European Public Prosecutor’s Office or take part in strengthened cooperation among EU prosecutors; |
| --- | --- |

AU.

whereas Hungary has decided not to participate in enhanced cooperation for the establishment of the European Public Prosecutor’s Office or take part in strengthened cooperation among EU prosecutors;

| AV. | whereas in its technical review of the report on the state of conservation for the Hungarian component of the transboundary World Heritage property ‘Fertö/Neusiedlersee Cultural Landscape’ compiled in May 2021, the UNESCO International Council on Monuments and Sites concluded that the Sopron Fertö Lake Resort project, in its presented size and form, would harm the authenticity and integrity of the transboundary World Heritage property; |
| --- | --- |

AV.

whereas in its technical review of the report on the state of conservation for the Hungarian component of the transboundary World Heritage property ‘Fertö/Neusiedlersee Cultural Landscape’ compiled in May 2021, the UNESCO International Council on Monuments and Sites concluded that the Sopron Fertö Lake Resort project, in its presented size and form, would harm the authenticity and integrity of the transboundary World Heritage property;

| AW. | whereas Hungary ranks 73rd out of the 180 countries and territories covered by Transparency International’s 2021 Corruption Perception Index (down by one place compared to the previous year), and its ranking has been constantly declining since 2012; |
| --- | --- |

AW.

whereas Hungary ranks 73rd out of the 180 countries and territories covered by Transparency International’s 2021 Corruption Perception Index (down by one place compared to the previous year), and its ranking has been constantly declining since 2012;

Privacy and data protection

| AX. | whereas in the mission report following the ad hoc delegation of its Committee on Civil Liberties, Justice and Home Affairs to Budapest from 29 September to 1 October 2021, concerns were raised about the lack of safeguards as regards surveillance in the current legislation, with no real checks and balances and remedies; whereas concerns were also raised on the alleged use of the NSO Group’s Pegasus spyware and increased surveillance by the state against activists, journalists, lawyers and politicians; |
| --- | --- |

AX.

whereas in the mission report following the ad hoc delegation of its Committee on Civil Liberties, Justice and Home Affairs to Budapest from 29 September to 1 October 2021, concerns were raised about the lack of safeguards as regards surveillance in the current legislation, with no real checks and balances and remedies; whereas concerns were also raised on the alleged use of the NSO Group’s Pegasus spyware and increased surveillance by the state against activists, journalists, lawyers and politicians;

| AY. | whereas in July 2021, with information obtained through a leaked database, the investigative portal Direkt36 revealed that around 300 Hungarian citizens, including independent journalists, media owners, lawyers, politicians, business people critical of the government and former state officials, were targeted by the Pegasus spyware without their knowledge between 2018 and 2021; whereas in its preliminary remarks on modern spyware published on 15 February 2022, the European Data Protection Supervisor concluded that the widespread use of highly advanced spyware like Pegasus has the potential to cause unprecedented risks and damages not only to fundamental rights and freedoms, but also to democracy and the rule of law, outlined a series of steps and measures as a guarantee against the unlawful use of spyware, and stated that a ban on the development and deployment of spyware with the capacity of Pegasus in the EU would be the most effective option to protect fundamental rights and freedoms; whereas pro-government media in Hungary have hardly ever reported on Pegasus; |
| --- | --- |

AY.

whereas in July 2021, with information obtained through a leaked database, the investigative portal Direkt36 revealed that around 300 Hungarian citizens, including independent journalists, media owners, lawyers, politicians, business people critical of the government and former state officials, were targeted by the Pegasus spyware without their knowledge between 2018 and 2021; whereas in its preliminary remarks on modern spyware published on 15 February 2022, the European Data Protection Supervisor concluded that the widespread use of highly advanced spyware like Pegasus has the potential to cause unprecedented risks and damages not only to fundamental rights and freedoms, but also to democracy and the rule of law, outlined a series of steps and measures as a guarantee against the unlawful use of spyware, and stated that a ban on the development and deployment of spyware with the capacity of Pegasus in the EU would be the most effective option to protect fundamental rights and freedoms; whereas pro-government media in Hungary have hardly ever reported on Pegasus;

| AZ. | whereas in its decision of 9 March 2022 concerning the pending enhanced supervision of the execution of the ECtHR judgment in Szabó and Vissy v Hungary, the Committee of Ministers of the Council of Europe recalled that the case in question concerned the violation of the applicants’ right to respect for their private and family life and for their correspondence on account of the Hungarian legislation on national security-related measures of secret surveillance, which lacked sufficiently precise, effective and comprehensive safeguards on the ordering, execution and potential redressing of those measures; whereas the Committee of Ministers further highlighted that secret surveillance should be regarded as a highly intrusive act that potentially interferes with the rights to freedom of expression and privacy and threatens the foundations of a democratic society, while recalling that in response to the ECtHR judgment the authorities announced in 2017 the need for a legislative reform; whereas the Committee of Ministers noted with serious concern that the legislative process was still at a preliminary stage and the authorities had not presented any other relevant developments, and therefore strongly called on the authorities to urgently adopt the measures required to bring the domestic legislation fully in line with the requirements of the European Convention on Human Rights, establish a timeline for the legislative process and present a draft legislative proposal to the committee; |
| --- | --- |

AZ.

whereas in its decision of 9 March 2022 concerning the pending enhanced supervision of the execution of the ECtHR judgment in Szabó and Vissy v Hungary, the Committee of Ministers of the Council of Europe recalled that the case in question concerned the violation of the applicants’ right to respect for their private and family life and for their correspondence on account of the Hungarian legislation on national security-related measures of secret surveillance, which lacked sufficiently precise, effective and comprehensive safeguards on the ordering, execution and potential redressing of those measures; whereas the Committee of Ministers further highlighted that secret surveillance should be regarded as a highly intrusive act that potentially interferes with the rights to freedom of expression and privacy and threatens the foundations of a democratic society, while recalling that in response to the ECtHR judgment the authorities announced in 2017 the need for a legislative reform; whereas the Committee of Ministers noted with serious concern that the legislative process was still at a preliminary stage and the authorities had not presented any other relevant developments, and therefore strongly called on the authorities to urgently adopt the measures required to bring the domestic legislation fully in line with the requirements of the European Convention on Human Rights, establish a timeline for the legislative process and present a draft legislative proposal to the committee;

Freedom of expression, including media pluralism

| BA. | whereas on 13 July 2022, the Commission indicated in the country chapter on Hungary of the 2022 Rule of Law Report that the functional independence and effectiveness of the Media Authority needs to be strengthened, and that the continued channelling of significant amounts of state advertising to pro-government media creates an unlevel playing field in the media landscape; whereas public service media operates in a complex institutional system, amid concerns over its editorial and financial independence, and media professionals continue to face challenges in exercising their activities, including the surveillance of investigative journalists; whereas access to public information continues to be hindered under a state of danger; |
| --- | --- |

BA.

whereas on 13 July 2022, the Commission indicated in the country chapter on Hungary of the 2022 Rule of Law Report that the functional independence and effectiveness of the Media Authority needs to be strengthened, and that the continued channelling of significant amounts of state advertising to pro-government media creates an unlevel playing field in the media landscape; whereas public service media operates in a complex institutional system, amid concerns over its editorial and financial independence, and media professionals continue to face challenges in exercising their activities, including the surveillance of investigative journalists; whereas access to public information continues to be hindered under a state of danger;

| BB. | whereas on 15 July 2022, the Commission decided to refer Hungary to the Court of Justice for breaching EU telecommunications rules with the Hungarian Media Council’s decision on highly questionable grounds to reject Klubrádió’s application for the use of radio spectrum; whereas the Commission concluded that the Hungarian Media Council’s refusal to renew Klubrádió’s rights were disproportionate and non-transparent, and that the Hungarian national media law had been applied in a discriminatory way in this particular case, in breach of Directive (EU) 2018/1972 establishing the European Electronic Communications Code (15) and the freedom of expression; |
| --- | --- |

BB.

whereas on 15 July 2022, the Commission decided to refer Hungary to the Court of Justice for breaching EU telecommunications rules with the Hungarian Media Council’s decision on highly questionable grounds to reject Klubrádió’s application for the use of radio spectrum; whereas the Commission concluded that the Hungarian Media Council’s refusal to renew Klubrádió’s rights were disproportionate and non-transparent, and that the Hungarian national media law had been applied in a discriminatory way in this particular case, in breach of Directive (EU) 2018/1972 establishing the European Electronic Communications Code (15) and the freedom of expression;

| BC. | whereas the Central European Press and Media Foundation (KESMA) was founded on 11 September 2018; whereas the consolidation of over 470 media outlets under KESMA has had impacts in terms of shrinking the space available for independent and opposition media and limiting access to information for Hungarian citizens; whereas the funds spent on public media and KESMA are used to pursue government propaganda and discredit the opposition and non-governmental organisations (NGOs); whereas the media environment can be skewed in favour of the government through the manipulation of media ownership, state capture of regulators and formerly independent outlets, government advertising revenue and the granting of licences — methods replicated in other parts in Europe; |
| --- | --- |

BC.

whereas the Central European Press and Media Foundation (KESMA) was founded on 11 September 2018; whereas the consolidation of over 470 media outlets under KESMA has had impacts in terms of shrinking the space available for independent and opposition media and limiting access to information for Hungarian citizens; whereas the funds spent on public media and KESMA are used to pursue government propaganda and discredit the opposition and non-governmental organisations (NGOs); whereas the media environment can be skewed in favour of the government through the manipulation of media ownership, state capture of regulators and formerly independent outlets, government advertising revenue and the granting of licences — methods replicated in other parts in Europe;

| BD. | whereas in its judgment of 8 October 2019 in Szurovecz v Hungary, the ECtHR found a violation of the freedom of expression regarding the lack of media access to reception facilities for asylum seekers; whereas the supervision of the execution of that judgment is still pending; |
| --- | --- |

BD.

whereas in its judgment of 8 October 2019 in Szurovecz v Hungary, the ECtHR found a violation of the freedom of expression regarding the lack of media access to reception facilities for asylum seekers; whereas the supervision of the execution of that judgment is still pending;

| BE. | whereas in its judgments of 3 December 2019 in Scheiring and Szabó v Hungary and 2 December 2021 in Szél v Hungary, the ECtHR found that there had been violations of the freedom of expression regarding the displaying of banners in the Hungarian Parliament; whereas the supervision of the execution of those judgments is still pending; |
| --- | --- |

BE.

whereas in its judgments of 3 December 2019 in Scheiring and Szabó v Hungary and 2 December 2021 in Szél v Hungary, the ECtHR found that there had been violations of the freedom of expression regarding the displaying of banners in the Hungarian Parliament; whereas the supervision of the execution of those judgments is still pending;

| BF. | whereas in its judgment of 20 January 2020 in Magyar Kétfarkú Kutya Párt v Hungary, the ECtHR found that there had been a violation of the freedom of expression with regard to issuing penalties for providing the political party’s mobile application which allowed voters to photograph, anonymously upload and comment on invalid votes cast during a referendum on immigration in 2016; whereas the supervision of the execution of that judgment is still pending; |
| --- | --- |

BF.

whereas in its judgment of 20 January 2020 in Magyar Kétfarkú Kutya Párt v Hungary, the ECtHR found that there had been a violation of the freedom of expression with regard to issuing penalties for providing the political party’s mobile application which allowed voters to photograph, anonymously upload and comment on invalid votes cast during a referendum on immigration in 2016; whereas the supervision of the execution of that judgment is still pending;

| BG. | whereas in a statement issued on 23 March 2020, the OSCE Representative on Freedom of the Media expressed his concerns about provisions in the Hungarian draft bill on the coronavirus response that could have a negative impact on the work of the media reporting on the pandemic; |
| --- | --- |

BG.

whereas in a statement issued on 23 March 2020, the OSCE Representative on Freedom of the Media expressed his concerns about provisions in the Hungarian draft bill on the coronavirus response that could have a negative impact on the work of the media reporting on the pandemic;

| BH. | whereas in its judgment of 26 May 2020 in Mándli and Others v Hungary, the ECtHR found a violation of the freedom of expression regarding the suspension of the applicants’ accreditation as journalists in the Hungarian Parliament; whereas the supervision of the execution of that judgment is still pending; |
| --- | --- |

BH.

whereas in its judgment of 26 May 2020 in Mándli and Others v Hungary, the ECtHR found a violation of the freedom of expression regarding the suspension of the applicants’ accreditation as journalists in the Hungarian Parliament; whereas the supervision of the execution of that judgment is still pending;

| BI. | whereas on 24 July 2020, the dismissal of the editor-in-chief of Hungary’s top independent news portal Index.hu prompted the collective resignation of more than 70 journalists, who denounced clear interference in and governmental pressure on their media outlet; |
| --- | --- |

BI.

whereas on 24 July 2020, the dismissal of the editor-in-chief of Hungary’s top independent news portal Index.hu prompted the collective resignation of more than 70 journalists, who denounced clear interference in and governmental pressure on their media outlet;

| BJ. | whereas according to the first Mapping Media Freedom Snapshot financed by the Commission and released in July 2020, the COVID-19 crisis had arguably the greatest effect on media freedom in Hungary above all other European counties, as existing challenges were exacerbated and new issues emerged; whereas the new legislation adopted during the state of emergency in Hungary to combat the spread of ‘false’ or ‘distorted’ information caused uncertainty and self-censorship among media outlets and actors; |
| --- | --- |

BJ.

whereas according to the first Mapping Media Freedom Snapshot financed by the Commission and released in July 2020, the COVID-19 crisis had arguably the greatest effect on media freedom in Hungary above all other European counties, as existing challenges were exacerbated and new issues emerged; whereas the new legislation adopted during the state of emergency in Hungary to combat the spread of ‘false’ or ‘distorted’ information caused uncertainty and self-censorship among media outlets and actors;

| BK. | whereas in her memorandum on freedom of expression and media freedom in Hungary published on 30 March 2021, the Commissioner for Human Rights of the Council of Europe indicated that the combined effects of a media regulatory authority that is not free of political control and of sustained and biased state intervention in the media market have eroded the conditions for media pluralism and the freedom of expression in Hungary; whereas the Commissioner also concluded that free political debate and the free exchange of diverse opinions, which are the prerequisites for democratic societies to thrive, have been severely curtailed, particularly outside the capital; |
| --- | --- |

BK.

whereas in her memorandum on freedom of expression and media freedom in Hungary published on 30 March 2021, the Commissioner for Human Rights of the Council of Europe indicated that the combined effects of a media regulatory authority that is not free of political control and of sustained and biased state intervention in the media market have eroded the conditions for media pluralism and the freedom of expression in Hungary; whereas the Commissioner also concluded that free political debate and the free exchange of diverse opinions, which are the prerequisites for democratic societies to thrive, have been severely curtailed, particularly outside the capital;

| BL. | whereas in a statement following her visit to Hungary from 15 to 22 November 2021, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression indicated that Hungary’s interventions in the media sector over the past decade could create risks for human rights in the upcoming elections; whereas the UN Special Rapporteur further specified that by exerting influence over media regulatory bodies, providing substantial state funds to support pro-government media, facilitating the expansion and development of media that follow a pro-government editorial line, and ostracising media outlets and journalists reporting critically on the government, the authorities have proactively reshaped the media sector and in their efforts to create ‘balance’ have undermined media diversity, pluralism and independence; |
| --- | --- |

BL.

whereas in a statement following her visit to Hungary from 15 to 22 November 2021, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression indicated that Hungary’s interventions in the media sector over the past decade could create risks for human rights in the upcoming elections; whereas the UN Special Rapporteur further specified that by exerting influence over media regulatory bodies, providing substantial state funds to support pro-government media, facilitating the expansion and development of media that follow a pro-government editorial line, and ostracising media outlets and journalists reporting critically on the government, the authorities have proactively reshaped the media sector and in their efforts to create ‘balance’ have undermined media diversity, pluralism and independence;

| BM. | whereas on 4 April 2022, in its statement of preliminary findings and conclusions following the parliamentary elections and referendum, the OSCE international election observation mission stated that the bias and lack of balance in monitored news coverage and the absence of debates between major contestants significantly limited the voters’ opportunity to make an informed choice; whereas on 29 July 2022, in its final report, the OSCE international election observation mission highlighted that extensive government advertising campaigns and biased news coverage in public and many private media provided a pervasive campaign platform for the ruling party; |
| --- | --- |

BM.

whereas on 4 April 2022, in its statement of preliminary findings and conclusions following the parliamentary elections and referendum, the OSCE international election observation mission stated that the bias and lack of balance in monitored news coverage and the absence of debates between major contestants significantly limited the voters’ opportunity to make an informed choice; whereas on 29 July 2022, in its final report, the OSCE international election observation mission highlighted that extensive government advertising campaigns and biased news coverage in public and many private media provided a pervasive campaign platform for the ruling party;

| BN. | whereas on 8 April 2022, the Hungarian National Election Office ruled as unlawful the nationwide NGO campaign urging people to cast invalid votes in the referendum on children’s access to information concerning sexual orientation and gender identity issues, and imposed fines on 16 different Hungarian NGOs participating in the referendum campaign; |
| --- | --- |

BN.

whereas on 8 April 2022, the Hungarian National Election Office ruled as unlawful the nationwide NGO campaign urging people to cast invalid votes in the referendum on children’s access to information concerning sexual orientation and gender identity issues, and imposed fines on 16 different Hungarian NGOs participating in the referendum campaign;

| BO. | whereas Hungary ranks 85th out of the 180 countries and territories covered by Reporters Without Borders’ World Press Freedom Index 2022, and is listed in the analysis for the Europe-Central Asia region as one of the countries that have intensified draconian laws against journalists; |
| --- | --- |

BO.

whereas Hungary ranks 85th out of the 180 countries and territories covered by Reporters Without Borders’ World Press Freedom Index 2022, and is listed in the analysis for the Europe-Central Asia region as one of the countries that have intensified draconian laws against journalists;

Academic freedom

| BP. | whereas in its judgment of 6 October 2020 in Case C-66/18, Commission v Hungary (‘Enseignement supérieur’), the CJEU ruled that by adopting the measures provided for in Article 76(1)(a) and (b) of Law No CCIV of 2011 on national higher education, as amended, Hungary failed to fulfil its obligations under Articles 13, 14(3) and 16 of the Charter, Article 49 TFEU and Article 16 of Directive 2006/123/EC on services in the internal market (16), as well as the agreement establishing the World Trade Organization; whereas the Central European University had to leave Budapest; |
| --- | --- |

BP.

whereas in its judgment of 6 October 2020 in Case C-66/18, Commission v Hungary (‘Enseignement supérieur’), the CJEU ruled that by adopting the measures provided for in Article 76(1)(a) and (b) of Law No CCIV of 2011 on national higher education, as amended, Hungary failed to fulfil its obligations under Articles 13, 14(3) and 16 of the Charter, Article 49 TFEU and Article 16 of Directive 2006/123/EC on services in the internal market (16), as well as the agreement establishing the World Trade Organization; whereas the Central European University had to leave Budapest;

| BQ. | whereas in October 2018 the Hungarian Government decided to drop gender studies from a list of master’s degree programmes eligible for accreditation and public funding; |
| --- | --- |

BQ.

whereas in October 2018 the Hungarian Government decided to drop gender studies from a list of master’s degree programmes eligible for accreditation and public funding;

| BR. | whereas on 2 July 2019 the Hungarian Parliament adopted amendments to a number of laws on the institutional system and funding of research, development and innovation, thereby stripping the Academy of Sciences of its autonomy; whereas on 31 August 2020 the management of the University of Theatre and Film Arts (SZFE) resigned in protest over the imposition of a government-appointed board; whereas the Ministry of Technology and Innovation appointed five members to the new board of trustees, rejecting members proposed by the university’s senate; whereas two thirds of the 33 public interest asset management foundations performing public duties that were created by the end of 2021 will manage higher education institutions previously run by the state; |
| --- | --- |

BR.

whereas on 2 July 2019 the Hungarian Parliament adopted amendments to a number of laws on the institutional system and funding of research, development and innovation, thereby stripping the Academy of Sciences of its autonomy; whereas on 31 August 2020 the management of the University of Theatre and Film Arts (SZFE) resigned in protest over the imposition of a government-appointed board; whereas the Ministry of Technology and Innovation appointed five members to the new board of trustees, rejecting members proposed by the university’s senate; whereas two thirds of the 33 public interest asset management foundations performing public duties that were created by the end of 2021 will manage higher education institutions previously run by the state;

| BS. | whereas in its opinion of 2 July 2021 on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission highlighted the need to reconsider Article 7 of the Ninth Amendment relating to Article 38 of the Constitution and introducing in the Fundamental Law the public interest asset management foundations performing public duties; whereas the Venice Commission suggested that these foundations should be regulated by statutory law instead, with all the relevant duties of transparency and accountability for the management of their funds (public and private) set out clearly, as well as appropriate safeguards of independence for the composition and functioning of the board of trustees; whereas the Venice Commission also mentioned that these laws should take into account the significant role of universities as places of free thought and argumentation, providing for all due measures to guarantee the proper safeguarding of academic independence and institutional autonomy; |
| --- | --- |

BS.

whereas in its opinion of 2 July 2021 on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission highlighted the need to reconsider Article 7 of the Ninth Amendment relating to Article 38 of the Constitution and introducing in the Fundamental Law the public interest asset management foundations performing public duties; whereas the Venice Commission suggested that these foundations should be regulated by statutory law instead, with all the relevant duties of transparency and accountability for the management of their funds (public and private) set out clearly, as well as appropriate safeguards of independence for the composition and functioning of the board of trustees; whereas the Venice Commission also mentioned that these laws should take into account the significant role of universities as places of free thought and argumentation, providing for all due measures to guarantee the proper safeguarding of academic independence and institutional autonomy;

| BT. | whereas in a statement following her visit to Hungary from 15 to 22 November 2021, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression urged the Hungarian authorities to effectively protect academic freedom and respect the rights of professors and students, given the risks linked to the privatisation of public universities for the autonomy of scholars; |
| --- | --- |

BT.

whereas in a statement following her visit to Hungary from 15 to 22 November 2021, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression urged the Hungarian authorities to effectively protect academic freedom and respect the rights of professors and students, given the risks linked to the privatisation of public universities for the autonomy of scholars;

Freedom of religion

| BU. | whereas a comprehensive amendment to the 2011 Church Act was promulgated on 21 December 2018; whereas according to the Hungarian Government, the amendment would open legal avenues for religious communities to apply, before the Metropolitan Court of Budapest, for the status of a religious association, registered church or incorporated church; whereas the supervision of the execution of the ECtHR judgment in Magyar Keresztény Mennonita Egyház and Others v Hungary, which found a violation of the right to freedom of association read in the light of the right to freedom of religion due to the de-registration of churches, is still pending; |
| --- | --- |

BU.

whereas a comprehensive amendment to the 2011 Church Act was promulgated on 21 December 2018; whereas according to the Hungarian Government, the amendment would open legal avenues for religious communities to apply, before the Metropolitan Court of Budapest, for the status of a religious association, registered church or incorporated church; whereas the supervision of the execution of the ECtHR judgment in Magyar Keresztény Mennonita Egyház and Others v Hungary, which found a violation of the right to freedom of association read in the light of the right to freedom of religion due to the de-registration of churches, is still pending;

| BV. | whereas in its opinion of 2 July 2021 on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission recommended that the public school system must provide an objective and pluralist curriculum, avoiding indoctrination and discrimination on all grounds, while respecting parental convictions and their freedom to choose between religious and non-religious classes; |
| --- | --- |

BV.

whereas in its opinion of 2 July 2021 on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission recommended that the public school system must provide an objective and pluralist curriculum, avoiding indoctrination and discrimination on all grounds, while respecting parental convictions and their freedom to choose between religious and non-religious classes;

| BW. | whereas on 13 July 2022, the Commission indicated in the country chapter on Hungary of the 2022 Rule of Law Report that pressure continues on civil society organisations; whereas on 27 July 2022, several civil society organisations indicated that the bill submitted by the Government which would amend the rules on public consultation ‘in the interest of reaching an agreement with the European Commission’ offers only pretend solutions; whereas the Commission also pointed out that strengthening public participation in law-making is an important goal, but would require, first and foremost, real governmental will, meaningful implementation of existing laws and much more effective guarantees than those included in the draft law; |
| --- | --- |

BW.

whereas on 13 July 2022, the Commission indicated in the country chapter on Hungary of the 2022 Rule of Law Report that pressure continues on civil society organisations; whereas on 27 July 2022, several civil society organisations indicated that the bill submitted by the Government which would amend the rules on public consultation ‘in the interest of reaching an agreement with the European Commission’ offers only pretend solutions; whereas the Commission also pointed out that strengthening public participation in law-making is an important goal, but would require, first and foremost, real governmental will, meaningful implementation of existing laws and much more effective guarantees than those included in the draft law;

Freedom of association

| BX. | whereas in its judgment of 18 June 2020 in Case C-78/18, Commission v Hungary (transparency of associations), the CJEU concluded that by adopting the provisions (17) of Law No LXXVI of 2017 on the Transparency of Organisations which receive Support from Abroad, Hungary had introduced discriminatory and unjustified restrictions on foreign donations to civil society organisations in breach of its obligations under Article 63 TFEU and Articles 7, 8 and 12 of the Charter; whereas the Commission decided to send a letter of formal notice to the Hungarian authorities on 18 February 2021, considering that they had not taken the necessary measures to comply with the judgment; whereas on 20 July 2021, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that the Hungarian Parliament had repealed the law and introduced new rules on legality checks for civil society, and that pressure remained on civil society organisations critical towards the government; whereas the systematic dismantling of the rule of law, democracy and fundamental rights has restricted the space for opposition parties and civil society organisations, trade unions and interest groups, leaving no room for social dialogue and consultation; |
| --- | --- |

BX.

whereas in its judgment of 18 June 2020 in Case C-78/18, Commission v Hungary (transparency of associations), the CJEU concluded that by adopting the provisions (17) of Law No LXXVI of 2017 on the Transparency of Organisations which receive Support from Abroad, Hungary had introduced discriminatory and unjustified restrictions on foreign donations to civil society organisations in breach of its obligations under Article 63 TFEU and Articles 7, 8 and 12 of the Charter; whereas the Commission decided to send a letter of formal notice to the Hungarian authorities on 18 February 2021, considering that they had not taken the necessary measures to comply with the judgment; whereas on 20 July 2021, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that the Hungarian Parliament had repealed the law and introduced new rules on legality checks for civil society, and that pressure remained on civil society organisations critical towards the government; whereas the systematic dismantling of the rule of law, democracy and fundamental rights has restricted the space for opposition parties and civil society organisations, trade unions and interest groups, leaving no room for social dialogue and consultation;

| BY. | whereas the adoption of the new law was not preceded by a public consultation of any kind and neither were NGOs directly consulted, in contradiction of the Venice Commission’s recommendation from its opinion of 20 June 2017 that the public consultation should involve, as far as possible, all civil society organisations whose status, financing or spheres of operation would be affected as a result of the entry into force of the legislation; whereas according to the new law, these organisations can now be subjected to regular financial inspections by the State Audit Office; whereas civil society organisations are concerned that the State Audit Office, whose main function is to monitor the use of public funds — not private donations — will be used to put more pressure on them; whereas civil society organisations have warned that with the new NGO law, the state will interfere with the autonomy of association of organisations established on the basis of the right of association and the privacy of citizens who stand up for the public interest, and that the law is detrimental to the exercise of freedom of expression and the democratic public as a whole; whereas the State Audit Office began checks on dozens of NGOs on 17 May 2022, asking for their accounting and cash management policies; |
| --- | --- |

BY.

whereas the adoption of the new law was not preceded by a public consultation of any kind and neither were NGOs directly consulted, in contradiction of the Venice Commission’s recommendation from its opinion of 20 June 2017 that the public consultation should involve, as far as possible, all civil society organisations whose status, financing or spheres of operation would be affected as a result of the entry into force of the legislation; whereas according to the new law, these organisations can now be subjected to regular financial inspections by the State Audit Office; whereas civil society organisations are concerned that the State Audit Office, whose main function is to monitor the use of public funds — not private donations — will be used to put more pressure on them; whereas civil society organisations have warned that with the new NGO law, the state will interfere with the autonomy of association of organisations established on the basis of the right of association and the privacy of citizens who stand up for the public interest, and that the law is detrimental to the exercise of freedom of expression and the democratic public as a whole; whereas the State Audit Office began checks on dozens of NGOs on 17 May 2022, asking for their accounting and cash management policies;

| BZ. | whereas on 23 July 2021, it was announced that no agreement had been reached by the donor states of the European Economic Area and Norway Grants — Iceland, Liechtenstein and Norway — on the appointment of a fund operator to manage the funding for civil society in Hungary; whereas as a result, no programmes will be implemented during the current funding period, nullifying the EUR 214,6 million in funding that had been set aside for Hungary; |
| --- | --- |

BZ.

whereas on 23 July 2021, it was announced that no agreement had been reached by the donor states of the European Economic Area and Norway Grants — Iceland, Liechtenstein and Norway — on the appointment of a fund operator to manage the funding for civil society in Hungary; whereas as a result, no programmes will be implemented during the current funding period, nullifying the EUR 214,6 million in funding that had been set aside for Hungary;

| CA. | whereas in their joint opinion of 17 December 2018 on Section 253 of Act XLI of 20 July 2018 amending certain tax laws and other related laws, and on the special immigration tax, the Venice Commission and the OSCE ODIHR stated that the 25 % tax on financial support to an immigration-supporting activity carried out in Hungary or on the financial support to the operations of an organisation with a seat in Hungary that carries out immigration-supporting activity does not meet the requirement of legality and constitutes an unjustified interference with the rights to freedom of expression and of association of the NGOs affected; |
| --- | --- |

CA.

whereas in their joint opinion of 17 December 2018 on Section 253 of Act XLI of 20 July 2018 amending certain tax laws and other related laws, and on the special immigration tax, the Venice Commission and the OSCE ODIHR stated that the 25 % tax on financial support to an immigration-supporting activity carried out in Hungary or on the financial support to the operations of an organisation with a seat in Hungary that carries out immigration-supporting activity does not meet the requirement of legality and constitutes an unjustified interference with the rights to freedom of expression and of association of the NGOs affected;

| CB. | whereas in her report of 21 May 2019 following a visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe stressed that the legislative measures had stigmatised and criminalised civil society activities which should be considered fully legitimate in a democratic society, and exercise a continuous chilling effect on NGOs, while noting that some of the legal provisions are exceptionally vague, arbitrary and not implemented in practice; |
| --- | --- |

CB.

whereas in her report of 21 May 2019 following a visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe stressed that the legislative measures had stigmatised and criminalised civil society activities which should be considered fully legitimate in a democratic society, and exercise a continuous chilling effect on NGOs, while noting that some of the legal provisions are exceptionally vague, arbitrary and not implemented in practice;

| CC. | whereas in his report of 11 May 2020 following a visit to Hungary from 10 to 17 July 2019, the UN Special Rapporteur on the human rights of migrants observed that civil society organisations working on the rights of migrants in Hungary had experienced multiple obstacles in carrying out their legitimate and important work as a consequence of legislative amendments, financial restrictions and other operational and practical measures taken by the relevant authorities; whereas the UN Special Rapporteur also noted that a number of civil society organisations had been subjected to smear campaigns, in some cases followed by administrative or criminal investigations; |
| --- | --- |

CC.

whereas in his report of 11 May 2020 following a visit to Hungary from 10 to 17 July 2019, the UN Special Rapporteur on the human rights of migrants observed that civil society organisations working on the rights of migrants in Hungary had experienced multiple obstacles in carrying out their legitimate and important work as a consequence of legislative amendments, financial restrictions and other operational and practical measures taken by the relevant authorities; whereas the UN Special Rapporteur also noted that a number of civil society organisations had been subjected to smear campaigns, in some cases followed by administrative or criminal investigations;

The right to equal treatment, including LGBTIQ rights

| CD. | whereas on 13 July 2022, the Commission indicated in the country chapter on Hungary of the 2022 Rule of Law Report that the Hungarian Commissioner for Fundamental Rights has gained more competences, but his accreditation was downgraded following concerns regarding his independence; whereas in the report and recommendations of the virtual session of its Sub-Committee on Accreditation held from 14 to 25 March 2022, the Global Alliance of National Human Rights Institutions recommended that the Commissioner for Fundamental Rights be downgraded to B status, as the subcommittee had not received the written evidence necessary to establish that the Commissioner was effectively carrying out their mandate in relation to vulnerable groups such as ethnic minorities, LGBTIQ people, human rights defenders, refugees and migrants, or in relation to important human rights issues such as media pluralism, civic space and judicial independence; whereas the sub-committee took the view that the Commissioner was acting in a way that seriously compromised compliance with the Paris Principles on the criteria of standards for national human rights institutions; whereas the subcommittee also noted issues with the selection and appointment process and with working relationships and cooperation with civil society organisations and human rights defenders; |
| --- | --- |

CD.

whereas on 13 July 2022, the Commission indicated in the country chapter on Hungary of the 2022 Rule of Law Report that the Hungarian Commissioner for Fundamental Rights has gained more competences, but his accreditation was downgraded following concerns regarding his independence; whereas in the report and recommendations of the virtual session of its Sub-Committee on Accreditation held from 14 to 25 March 2022, the Global Alliance of National Human Rights Institutions recommended that the Commissioner for Fundamental Rights be downgraded to B status, as the subcommittee had not received the written evidence necessary to establish that the Commissioner was effectively carrying out their mandate in relation to vulnerable groups such as ethnic minorities, LGBTIQ people, human rights defenders, refugees and migrants, or in relation to important human rights issues such as media pluralism, civic space and judicial independence; whereas the sub-committee took the view that the Commissioner was acting in a way that seriously compromised compliance with the Paris Principles on the criteria of standards for national human rights institutions; whereas the subcommittee also noted issues with the selection and appointment process and with working relationships and cooperation with civil society organisations and human rights defenders;

| CE. | whereas on 15 June 2021, the Hungarian Parliament adopted a law originally intended to fight paedophilia which, following amendments proposed by MPs from the ruling Fidesz party, contains clauses prohibiting the portrayal of homosexuality and gender reassignment to minors; whereas the law prohibits homosexuality and gender reassignment from being featured in sex education classes, and stipulates that such classes can now only be taught by registered organisations; whereas changes to the Business Advertising Law and the Media Law require that adverts and content featuring LGBTI people must be rated as Category V (i.e. not recommended for minors); whereas the association of sexual orientation and gender identity with criminal acts such as paedophilia is unacceptable and leads to the further discrimination and stigmatisation of sexual minorities; whereas as a consequence of the national rules prohibiting or limiting access to content that portrays the so-called ‘divergence from self-identity corresponding to sex at birth, sex change or homosexuality’ for individuals under 18 years of age, the Hungarian Government issued a decree ordering children’s booksellers to wrap books and media that depict homosexuality in ‘closed packaging’ and forbidding the sale of any books or media depicting same-sex relations or gender changes within 200 metres of any school or church; whereas this applied to the storybook for children Fairyland is for everyone, published by Labriz; |
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CE.

whereas on 15 June 2021, the Hungarian Parliament adopted a law originally intended to fight paedophilia which, following amendments proposed by MPs from the ruling Fidesz party, contains clauses prohibiting the portrayal of homosexuality and gender reassignment to minors; whereas the law prohibits homosexuality and gender reassignment from being featured in sex education classes, and stipulates that such classes can now only be taught by registered organisations; whereas changes to the Business Advertising Law and the Media Law require that adverts and content featuring LGBTI people must be rated as Category V (i.e. not recommended for minors); whereas the association of sexual orientation and gender identity with criminal acts such as paedophilia is unacceptable and leads to the further discrimination and stigmatisation of sexual minorities; whereas as a consequence of the national rules prohibiting or limiting access to content that portrays the so-called ‘divergence from self-identity corresponding to sex at birth, sex change or homosexuality’ for individuals under 18 years of age, the Hungarian Government issued a decree ordering children’s booksellers to wrap books and media that depict homosexuality in ‘closed packaging’ and forbidding the sale of any books or media depicting same-sex relations or gender changes within 200 metres of any school or church; whereas this applied to the storybook for children Fairyland is for everyone, published by Labriz;

| CF. | whereas on 2 December 2021, the Commission decided to send a reasoned opinion to the Hungarian authorities considering that by imposing an obligation to provide information on a divergence from ‘traditional gender roles’, Hungary was restricting the freedom of expression of authors and book publishers (Article 11 of the Charter) and discriminating on the grounds of sexual orientation in an unjustified way (Article 21 of the Charter), and incorrectly applying EU rules on unfair commercial practices under Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market (18); |
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CF.

whereas on 2 December 2021, the Commission decided to send a reasoned opinion to the Hungarian authorities considering that by imposing an obligation to provide information on a divergence from ‘traditional gender roles’, Hungary was restricting the freedom of expression of authors and book publishers (Article 11 of the Charter) and discriminating on the grounds of sexual orientation in an unjustified way (Article 21 of the Charter), and incorrectly applying EU rules on unfair commercial practices under Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market (18);

| CG. | whereas on 15 July 2022, the Commission decided to refer Hungary to the CJEU with regard to its national rules that seek to prohibit or limit access to content portraying so-called ‘divergence from self-identity corresponding to sex at birth, sex change or homosexuality’ for individuals under 18 years of age; whereas the Commission concluded that these rules, in particular, run counter to Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (19), Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market (20), as well as human dignity, freedom of expression and information, the right to respect for one’s private life as well as the right to non-discrimination, as enshrined in Articles 1, 7, 11 and 21 respectively of the Charter; whereas the Commission also indicated that due to of the gravity of these violations, the contested provisions also violate the common values laid down in Article 2 TEU; whereas on 22 June 2021, 18 EU Member States associated themselves with a statement on the margins of the General Affairs Council opposing the adoption of the law; |
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CG.

whereas on 15 July 2022, the Commission decided to refer Hungary to the CJEU with regard to its national rules that seek to prohibit or limit access to content portraying so-called ‘divergence from self-identity corresponding to sex at birth, sex change or homosexuality’ for individuals under 18 years of age; whereas the Commission concluded that these rules, in particular, run counter to Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (19), Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market (20), as well as human dignity, freedom of expression and information, the right to respect for one’s private life as well as the right to non-discrimination, as enshrined in Articles 1, 7, 11 and 21 respectively of the Charter; whereas the Commission also indicated that due to of the gravity of these violations, the contested provisions also violate the common values laid down in Article 2 TEU; whereas on 22 June 2021, 18 EU Member States associated themselves with a statement on the margins of the General Affairs Council opposing the adoption of the law;

| CH. | whereas in her report of 21 May 2019 following a visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe described how Hungary is backsliding on gender equality and women’s rights, the political representation of women is strikingly low, and that in government policy, women’s issues are closely associated with family affairs and the authorities have ceased to implement a specific strategy on gender equality; |
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CH.

whereas in her report of 21 May 2019 following a visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe described how Hungary is backsliding on gender equality and women’s rights, the political representation of women is strikingly low, and that in government policy, women’s issues are closely associated with family affairs and the authorities have ceased to implement a specific strategy on gender equality;

| CI. | whereas in a statement issued on 29 April 2020, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity urged Hungary to drop proposed legislation that would deny trans and gender-diverse people the right to legal recognition and self-determination; |
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CI.

whereas in a statement issued on 29 April 2020, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity urged Hungary to drop proposed legislation that would deny trans and gender-diverse people the right to legal recognition and self-determination;

| CJ. | whereas in its concluding observations of 3 March 2020 on the sixth periodic report of Hungary, the UN Committee on the Rights of the Child called on the Hungarian Government to act, adopt a strategy, and provide information and support to vulnerable children, including specific measures targeting girls, Roma children, asylum-seeking and migrant children and lesbian, gay, bisexual, transgender and intersex children; whereas the committee also raised serious concerns about children with disabilities being deprived of their families and living in institutions, insufficient measures by the Hungarian authorities to end institutionalisation and promote access to health, rehabilitation services and other inclusion activities, cases of child sexual abuse and the maltreatment of children with disabilities in institutional care, a lack of information on the situation of Roma children with disabilities, and the continuing stigma endured by children with disabilities; |
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CJ.

whereas in its concluding observations of 3 March 2020 on the sixth periodic report of Hungary, the UN Committee on the Rights of the Child called on the Hungarian Government to act, adopt a strategy, and provide information and support to vulnerable children, including specific measures targeting girls, Roma children, asylum-seeking and migrant children and lesbian, gay, bisexual, transgender and intersex children; whereas the committee also raised serious concerns about children with disabilities being deprived of their families and living in institutions, insufficient measures by the Hungarian authorities to end institutionalisation and promote access to health, rehabilitation services and other inclusion activities, cases of child sexual abuse and the maltreatment of children with disabilities in institutional care, a lack of information on the situation of Roma children with disabilities, and the continuing stigma endured by children with disabilities;

| CK. | whereas on 5 May 2020, the Hungarian Parliament adopted a resolution rejecting the ratification of the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention); |
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CK.

whereas on 5 May 2020, the Hungarian Parliament adopted a resolution rejecting the ratification of the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);

| CL. | whereas in its judgment of 16 July 2020 in Rana v Hungary, the ECtHR found a violation of the right to respect for private life in the case of a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country; whereas in its decision of 10 June 2022 concerning the pending enhanced supervision of the execution, the Committee of Ministers of the Council of Europe noted with concern that the Hungarian authorities have not taken any measures to create an appropriate solution for lawfully settled third country nationals applying for legal gender recognition; whereas, moreover, in May 2020 the Hungarian Parliament adopted legislation which made legal gender recognition impossible for Hungarian transgender persons; |
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CL.

whereas in its judgment of 16 July 2020 in Rana v Hungary, the ECtHR found a violation of the right to respect for private life in the case of a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country; whereas in its decision of 10 June 2022 concerning the pending enhanced supervision of the execution, the Committee of Ministers of the Council of Europe noted with concern that the Hungarian authorities have not taken any measures to create an appropriate solution for lawfully settled third country nationals applying for legal gender recognition; whereas, moreover, in May 2020 the Hungarian Parliament adopted legislation which made legal gender recognition impossible for Hungarian transgender persons;

| CM. | whereas in a statement issued on 14 June 2021, the Commissioner for Human Rights of the Council of Europe urged Hungarian MPs to reject draft amendments banning discussion about sexual and gender identity and diversity; whereas in its opinion of 13 December 2021 on the compatibility with international human rights standards of Act LXXIX of 2021 amending certain acts for the protection of children, the Venice Commission concluded that the amendments could hardly be seen as compatible with the European Convention on Human Rights and international human rights standards and urged the Hungarian authorities to repeal a number of provisions; |
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CM.

whereas in a statement issued on 14 June 2021, the Commissioner for Human Rights of the Council of Europe urged Hungarian MPs to reject draft amendments banning discussion about sexual and gender identity and diversity; whereas in its opinion of 13 December 2021 on the compatibility with international human rights standards of Act LXXIX of 2021 amending certain acts for the protection of children, the Venice Commission concluded that the amendments could hardly be seen as compatible with the European Convention on Human Rights and international human rights standards and urged the Hungarian authorities to repeal a number of provisions;

| CN. | whereas in its opinion of 2 July 2021 on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission recommended that the constitutional amendment regarding marriage as the union of one man and one woman, and the addition that ‘the mother shall be a woman, the father shall be a man’, should not be used as an opportunity to withdraw existing laws on the protection of individuals who are not heterosexuals, or to amend those laws to their disadvantage; whereas the Venice Commission also recommended that the interpretation and application of the constitutional amendments, especially in the drafting of the implementing legislation, should be carried out in such a way that the principle of non-discrimination on all grounds, including on the basis of sexual orientation and gender identity, is thoroughly implemented; whereas it further noted that the amendment ‘Hungary shall protect the right of children to a self-identity corresponding to their sex at birth’ should be repealed or modified to ensure that it does not have the effect of denying the rights of transgender people to legal recognition of their acquired gender identity; |
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CN.

whereas in its opinion of 2 July 2021 on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission recommended that the constitutional amendment regarding marriage as the union of one man and one woman, and the addition that ‘the mother shall be a woman, the father shall be a man’, should not be used as an opportunity to withdraw existing laws on the protection of individuals who are not heterosexuals, or to amend those laws to their disadvantage; whereas the Venice Commission also recommended that the interpretation and application of the constitutional amendments, especially in the drafting of the implementing legislation, should be carried out in such a way that the principle of non-discrimination on all grounds, including on the basis of sexual orientation and gender identity, is thoroughly implemented; whereas it further noted that the amendment ‘Hungary shall protect the right of children to a self-identity corresponding to their sex at birth’ should be repealed or modified to ensure that it does not have the effect of denying the rights of transgender people to legal recognition of their acquired gender identity;

| CO. | whereas in its opinion of 18 October 2021 on the amendments to the Act on Equal Treatment and Promotion of Equal Opportunities and to the Act on the Commissioner for Fundamental Rights as adopted by the Hungarian Parliament in December 2020, the Venice Commission indicated that there are risks associated with the merger of the equality bodies with the national human rights institutions including, but not limited to, different traditions, legal procedures and approaches the institutions may have in place, and observed that the collision of the competences already enjoyed by the Commissioner for Fundamental Rights under Act CXI and those acquired in their capacity as successor of the Hungarian Equal Treatment Authority is a clear demonstration of a risk that may undermine the effectiveness of the work in the field of promoting equality and combating discrimination; |
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CO.

whereas in its opinion of 18 October 2021 on the amendments to the Act on Equal Treatment and Promotion of Equal Opportunities and to the Act on the Commissioner for Fundamental Rights as adopted by the Hungarian Parliament in December 2020, the Venice Commission indicated that there are risks associated with the merger of the equality bodies with the national human rights institutions including, but not limited to, different traditions, legal procedures and approaches the institutions may have in place, and observed that the collision of the competences already enjoyed by the Commissioner for Fundamental Rights under Act CXI and those acquired in their capacity as successor of the Hungarian Equal Treatment Authority is a clear demonstration of a risk that may undermine the effectiveness of the work in the field of promoting equality and combating discrimination;

| CP. | whereas in a statement issued on 13 January 2022, the Commissioner for Human Rights of the Council of Europe affirmed that it was deeply regrettable that the Hungarian Government had decided to conduct a national referendum regarding children’s access to information concerning sexual orientation and gender identity issues on the same day as the parliamentary elections, as it furthered the instrumentalisation of the human rights of LGBTIQ people; whereas on 29 July 2022, in its final report, the OSCE international election observation mission highlighted that the referendum legal framework is largely inadequate and does not provide for a level playing field for referendum campaigns, falling short of key recommendations under international good practice, and under a 2018 amendment, the government has full campaign rights when it is the initiator of a referendum, contrary to international good practice, and the authorities are not obliged to provide the electorate with objective information on the referendum issues or the positions of the proponents and opponents, challenging voters’ ability to make an informed choice; whereas the referendum against LGBTIQ people held in Hungary on 3 April 2022 was invalid as neither option (‘yes’ or ‘no’) obtained 50 % of the votes; whereas the referendum has been widely criticised as violating the principle of non-discrimination; |
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CP.

whereas in a statement issued on 13 January 2022, the Commissioner for Human Rights of the Council of Europe affirmed that it was deeply regrettable that the Hungarian Government had decided to conduct a national referendum regarding children’s access to information concerning sexual orientation and gender identity issues on the same day as the parliamentary elections, as it furthered the instrumentalisation of the human rights of LGBTIQ people; whereas on 29 July 2022, in its final report, the OSCE international election observation mission highlighted that the referendum legal framework is largely inadequate and does not provide for a level playing field for referendum campaigns, falling short of key recommendations under international good practice, and under a 2018 amendment, the government has full campaign rights when it is the initiator of a referendum, contrary to international good practice, and the authorities are not obliged to provide the electorate with objective information on the referendum issues or the positions of the proponents and opponents, challenging voters’ ability to make an informed choice; whereas the referendum against LGBTIQ people held in Hungary on 3 April 2022 was invalid as neither option (‘yes’ or ‘no’) obtained 50 % of the votes; whereas the referendum has been widely criticised as violating the principle of non-discrimination;

| CQ. | whereas on 29 July 2022, in its final report, the OSCE international election observation mission highlighted less than 20 % of all candidates were women, significantly limiting the opportunity for strengthening the low representation of women in national politics in Hungary; whereas the proportion of women in the Hungarian Parliament elected in 2022 is 14 %; |
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CQ.

whereas on 29 July 2022, in its final report, the OSCE international election observation mission highlighted less than 20 % of all candidates were women, significantly limiting the opportunity for strengthening the low representation of women in national politics in Hungary; whereas the proportion of women in the Hungarian Parliament elected in 2022 is 14 %;

| CR. | whereas in its concluding observations of 25 March 2022 on the combined second and third report of Hungary, the UN Committee on the Rights of Persons with Disabilities expressed concerns that people with disabilities do not have a mechanism to make a decision out of autonomy, and recommended that Hungary amend its legislation to ensure supported decision-making respects the dignity, autonomy, will and preferences of people with disabilities in exercising their legal capacity; whereas the committee also recommended that Hungary redesign its measures and redirect its budgets into community-based support services, such as personal assistance, with the aim of providing for people with disabilities to live independently and equally in the community; |
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CR.

whereas in its concluding observations of 25 March 2022 on the combined second and third report of Hungary, the UN Committee on the Rights of Persons with Disabilities expressed concerns that people with disabilities do not have a mechanism to make a decision out of autonomy, and recommended that Hungary amend its legislation to ensure supported decision-making respects the dignity, autonomy, will and preferences of people with disabilities in exercising their legal capacity; whereas the committee also recommended that Hungary redesign its measures and redirect its budgets into community-based support services, such as personal assistance, with the aim of providing for people with disabilities to live independently and equally in the community;

The rights of persons belonging to minorities, including Roma and Jews, and protection against hateful statements against such minorities

| CS. | whereas on 9 June 2021 the Commission decided to send Hungary a letter of formal notice, as its national legislation was not fully in compliance with EU rules prohibiting discrimination under Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (21) and Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (22), which require Member States to lay down effective, proportionate and dissuasive sanctions for discrimination; whereas a fundamental change occurred in July 2020 when Hungary amended the national sanction regime, obliging courts to award moral compensation for discrimination in the field of education and vocational training only in the form of training or education services and not in form of a one-off payment; whereas the European Parliament has repeatedly called on the Member States to tackle antigypsyism through effective legislative and policy measures; |
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CS.

whereas on 9 June 2021 the Commission decided to send Hungary a letter of formal notice, as its national legislation was not fully in compliance with EU rules prohibiting discrimination under Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (21) and Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (22), which require Member States to lay down effective, proportionate and dissuasive sanctions for discrimination; whereas a fundamental change occurred in July 2020 when Hungary amended the national sanction regime, obliging courts to award moral compensation for discrimination in the field of education and vocational training only in the form of training or education services and not in form of a one-off payment; whereas the European Parliament has repeatedly called on the Member States to tackle antigypsyism through effective legislative and policy measures;

| CT. | whereas on 2 December 2021, the Commission sent Hungary a letter of formal notice regarding the transposition of Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law (23), as the Hungarian legal framework fails to criminalise the public condoning, denial or gross trivialisation of international crimes and does not ensure that a racist and xenophobic motivation is considered an aggravating circumstance or that such motivation is taken into account by national courts for any crime committed; |
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CT.

whereas on 2 December 2021, the Commission sent Hungary a letter of formal notice regarding the transposition of Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law (23), as the Hungarian legal framework fails to criminalise the public condoning, denial or gross trivialisation of international crimes and does not ensure that a racist and xenophobic motivation is considered an aggravating circumstance or that such motivation is taken into account by national courts for any crime committed;

| CU. | whereas in its concluding observations of 6 June 2019 on the combined 18th to 25th periodic reports of Hungary, the UN Committee on the Elimination of Racial Discrimination indicated that it was deeply alarmed by the prevalence of racist hate speech against Roma, migrants, refugees, asylum seekers and other minorities, which fuels hatred and intolerance and at times incites violence towards such groups, in particular from leading politicians and in the media, including on the internet; whereas, in particular, the committee was deeply alarmed at reports that public figures, including at the highest levels, had made statements that may promote racial hatred, in particular as part of the government’s anti-immigrant and anti-refugee campaign that began in 2015, and at the presence and operation of organisations that promote racial hatred; whereas while taking note of the information provided on measures taken to improve the situation of Roma, including in the fields of health and education, as well as through the national social inclusion strategy of 2011, the committee remained highly concerned at the persistence of discrimination against Roma and the segregation and extreme poverty that they face; |
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CU.

whereas in its concluding observations of 6 June 2019 on the combined 18th to 25th periodic reports of Hungary, the UN Committee on the Elimination of Racial Discrimination indicated that it was deeply alarmed by the prevalence of racist hate speech against Roma, migrants, refugees, asylum seekers and other minorities, which fuels hatred and intolerance and at times incites violence towards such groups, in particular from leading politicians and in the media, including on the internet; whereas, in particular, the committee was deeply alarmed at reports that public figures, including at the highest levels, had made statements that may promote racial hatred, in particular as part of the government’s anti-immigrant and anti-refugee campaign that began in 2015, and at the presence and operation of organisations that promote racial hatred; whereas while taking note of the information provided on measures taken to improve the situation of Roma, including in the fields of health and education, as well as through the national social inclusion strategy of 2011, the committee remained highly concerned at the persistence of discrimination against Roma and the segregation and extreme poverty that they face;

| CV. | whereas in its fifth opinion on Hungary adopted on 26 May 2020, the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities indicated that while Hungary had maintained its policy to support national minorities based on a solid legislative framework, it remained necessary to address structural difficulties faced by Roma in all spheres of public and private life, including education, employment, housing and access to healthcare; whereas the committee emphasised that urgent measures need to be taken in order to remedy the Roma situation, combat early school leaving and promote inclusive and quality education, including in segregated areas; whereas it further pointed out that in disadvantaged regions, there is a need for stronger complementarity between national and local policies so as to provide long-term solutions to employment and housing problems, while access to healthcare and social services remains subject to serious practical obstacles, mainly to the detriment of Roma women and children; |
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CV.

whereas in its fifth opinion on Hungary adopted on 26 May 2020, the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities indicated that while Hungary had maintained its policy to support national minorities based on a solid legislative framework, it remained necessary to address structural difficulties faced by Roma in all spheres of public and private life, including education, employment, housing and access to healthcare; whereas the committee emphasised that urgent measures need to be taken in order to remedy the Roma situation, combat early school leaving and promote inclusive and quality education, including in segregated areas; whereas it further pointed out that in disadvantaged regions, there is a need for stronger complementarity between national and local policies so as to provide long-term solutions to employment and housing problems, while access to healthcare and social services remains subject to serious practical obstacles, mainly to the detriment of Roma women and children;

| CW. | whereas in its decision of 10 June 2022 concerning the pending enhanced supervision of the execution of the ECtHR judgments in Horváth and Kiss v Hungary, the Committee of Ministers of the Council of Europe recalled that the case in question concerned the discriminatory misplacement and overrepresentation of Roma children in special schools for children with mental disabilities, and that the state was under a positive obligation to avoid perpetuating discriminative practices; whereas the committee firmly reiterated their invitation to the authorities to provide examples demonstrating the effectiveness of the administrative and judicial remedies against the findings of the expert committees and to complete the statistical data provided in this respect urged the authorities to supplement the statistical information with ethnically disaggregated data indicating the number of appeals lodged in cases of Roma children and firmly reiterated their invitation to the authorities to provide further information on any relevant procedures before the Commissioner for Fundamental Rights; |
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CW.

whereas in its decision of 10 June 2022 concerning the pending enhanced supervision of the execution of the ECtHR judgments in Horváth and Kiss v Hungary, the Committee of Ministers of the Council of Europe recalled that the case in question concerned the discriminatory misplacement and overrepresentation of Roma children in special schools for children with mental disabilities, and that the state was under a positive obligation to avoid perpetuating discriminative practices; whereas the committee firmly reiterated their invitation to the authorities to provide examples demonstrating the effectiveness of the administrative and judicial remedies against the findings of the expert committees and to complete the statistical data provided in this respect urged the authorities to supplement the statistical information with ethnically disaggregated data indicating the number of appeals lodged in cases of Roma children and firmly reiterated their invitation to the authorities to provide further information on any relevant procedures before the Commissioner for Fundamental Rights;

| CX. | whereas the supervision of the execution of the ECtHR judgments in Balázs v Hungary concerning violations of the prohibition of discrimination read in conjunction with the prohibition of inhuman or degrading treatment on account of the authorities’ failure to carry out effective investigations into the question of possible racial motives behind the ill-treatment inflicted on the Roma applicants by law enforcement agents is still pending; |
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CX.

whereas the supervision of the execution of the ECtHR judgments in Balázs v Hungary concerning violations of the prohibition of discrimination read in conjunction with the prohibition of inhuman or degrading treatment on account of the authorities’ failure to carry out effective investigations into the question of possible racial motives behind the ill-treatment inflicted on the Roma applicants by law enforcement agents is still pending;

| CY. | whereas on 29 July 2022, Parliament’s political group leaders adopted a statement condemning the openly racist declarations by Prime Minister Viktor Orbán about not wanting to become ‘peoples of mixed race’, and underlined that these declarations are in breach of our values, which are also enshrined in the EU Treaties; |
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CY.

whereas on 29 July 2022, Parliament’s political group leaders adopted a statement condemning the openly racist declarations by Prime Minister Viktor Orbán about not wanting to become ‘peoples of mixed race’, and underlined that these declarations are in breach of our values, which are also enshrined in the EU Treaties;

The fundamental rights of migrants, asylum seekers and refugees

| CZ. | whereas in its judgment of 19 March 2020 in Case C-564/18, Bevándorlási és Menekültügyi Hivatal (Tompa), the CJEU ruled that Directive 2013/32/EU on common procedures for granting and withdrawing international protection (24) precludes national legislation which allows an application for international protection to be rejected as inadmissible on the grounds that the applicant arrived on the territory of the Member State concerned via a state in which that person was not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection is guaranteed; whereas the CJEU concluded that the directive also precludes national legislation which sets a time limit of eight days within which a court hearing an appeal against a decision rejecting an application for international protection as inadmissible is to give a decision, where that court is unable to ensure, within such a time limit, that the substantive rules and procedural guarantees enjoyed by the applicant under EU law are effective; |
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CZ.

whereas in its judgment of 19 March 2020 in Case C-564/18, Bevándorlási és Menekültügyi Hivatal (Tompa), the CJEU ruled that Directive 2013/32/EU on common procedures for granting and withdrawing international protection (24) precludes national legislation which allows an application for international protection to be rejected as inadmissible on the grounds that the applicant arrived on the territory of the Member State concerned via a state in which that person was not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection is guaranteed; whereas the CJEU concluded that the directive also precludes national legislation which sets a time limit of eight days within which a court hearing an appeal against a decision rejecting an application for international protection as inadmissible is to give a decision, where that court is unable to ensure, within such a time limit, that the substantive rules and procedural guarantees enjoyed by the applicant under EU law are effective;

| DA. | whereas in its judgment of 2 April 2020 in Joined Cases C-715/17, C-718/17 and C-719/17, including Commission v Hungary (temporary mechanism for the relocation of applicants for international protection), the CJEU ruled that by failing to indicate at regular intervals, and at least every three months, an appropriate number of applicants for international protection who can be relocated swiftly to its territory, Hungary had, since 25 December 2015, failed to fulfil its obligations under Article 5(2) of Council Decision (EU) 2015/1601 (25) and consequently failed to fulfil its subsequent relocation obligations under Article 5(4) to (11) of that decision; |
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DA.

whereas in its judgment of 2 April 2020 in Joined Cases C-715/17, C-718/17 and C-719/17, including Commission v Hungary (temporary mechanism for the relocation of applicants for international protection), the CJEU ruled that by failing to indicate at regular intervals, and at least every three months, an appropriate number of applicants for international protection who can be relocated swiftly to its territory, Hungary had, since 25 December 2015, failed to fulfil its obligations under Article 5(2) of Council Decision (EU) 2015/1601 (25) and consequently failed to fulfil its subsequent relocation obligations under Article 5(4) to (11) of that decision;

| DB. | whereas in its judgment of 14 May 2020 in Joined Cases C-924/19 PPU and C-925/19 PPU, Országos Idegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and Országos Idegenrendészeti Főigazgatóság, the CJEU ruled that Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals (26) and Directive 2013/33/EU laying down standards for the reception of applications for international protection (27) mean that the obligation imposed on a third-country national to remain permanently in a transit zone the perimeter of which is restricted and closed, within which that national’s movements are limited and monitored, and which he or she cannot legally leave voluntarily, in any direction whatsoever, appears to be a deprivation of liberty, characterised by ‘detention’ within the meaning of those directives; whereas the CJEU indicated that EU law precludes a number of provisions of the Hungarian legislation; |
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DB.

whereas in its judgment of 14 May 2020 in Joined Cases C-924/19 PPU and C-925/19 PPU, Országos Idegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and Országos Idegenrendészeti Főigazgatóság, the CJEU ruled that Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals (26) and Directive 2013/33/EU laying down standards for the reception of applications for international protection (27) mean that the obligation imposed on a third-country national to remain permanently in a transit zone the perimeter of which is restricted and closed, within which that national’s movements are limited and monitored, and which he or she cannot legally leave voluntarily, in any direction whatsoever, appears to be a deprivation of liberty, characterised by ‘detention’ within the meaning of those directives; whereas the CJEU indicated that EU law precludes a number of provisions of the Hungarian legislation;

| DC. | whereas in its judgment of 17 December 2020 in Case C-808/18, Commission v Hungary (‘Accueil des demandeurs de protection internationale’), the CJEU ruled that Hungary had failed to fulfil its obligations under Directives 2008/115/EC, 2013/32/EU and 2013/33/EU by: i) providing that applications for international protection from third-country nationals or stateless persons may be made only in the transit zones of Röszke and Tompa, while drastically limiting the number of applicants authorised to enter those transit zones daily; ii) establishing a system of systematic detention of applicants for international protection in the transit zones of Röszke and Tompa; iii) allowing the removal of all third-country nationals staying illegally in its territory, without observing the procedures and safeguards laid down in the acquis; and iv) making the exercise by applicants for international protection of their right to remain in its territory subject to conditions contrary to EU law; whereas on 27 January 2021, the European Border and Coast Guard Agency (Frontex) announced that it was suspending its operations in Hungary following the CJEU ruling; whereas on 12 November 2021, the Commission decided to refer Hungary to the CJEU for failing to comply with the judgment and requesting that the CJEU order the payment of financial penalties (Case C-123/22); |
| --- | --- |

DC.

whereas in its judgment of 17 December 2020 in Case C-808/18, Commission v Hungary (‘Accueil des demandeurs de protection internationale’), the CJEU ruled that Hungary had failed to fulfil its obligations under Directives 2008/115/EC, 2013/32/EU and 2013/33/EU by: i) providing that applications for international protection from third-country nationals or stateless persons may be made only in the transit zones of Röszke and Tompa, while drastically limiting the number of applicants authorised to enter those transit zones daily; ii) establishing a system of systematic detention of applicants for international protection in the transit zones of Röszke and Tompa; iii) allowing the removal of all third-country nationals staying illegally in its territory, without observing the procedures and safeguards laid down in the acquis; and iv) making the exercise by applicants for international protection of their right to remain in its territory subject to conditions contrary to EU law; whereas on 27 January 2021, the European Border and Coast Guard Agency (Frontex) announced that it was suspending its operations in Hungary following the CJEU ruling; whereas on 12 November 2021, the Commission decided to refer Hungary to the CJEU for failing to comply with the judgment and requesting that the CJEU order the payment of financial penalties (Case C-123/22);

| DD. | whereas on 9 June 2021, the Commission decided to send the Hungarian authorities a letter of formal notice and a reasoned opinion for failing to fully transpose Directive 2013/32/EU as regards provisions on the personal interview, the medical screening, guarantees for unaccompanied children and teenagers, and the asylum examination procedure; |
| --- | --- |

DD.

whereas on 9 June 2021, the Commission decided to send the Hungarian authorities a letter of formal notice and a reasoned opinion for failing to fully transpose Directive 2013/32/EU as regards provisions on the personal interview, the medical screening, guarantees for unaccompanied children and teenagers, and the asylum examination procedure;

| DE. | whereas on 15 July 2021, the Commission decided to refer Hungary to the CJEU, deeming the new asylum procedure incompatible with Article 6 of Directive 2013/32/EU, interpreted in the light of Article 18 of the Charter (Case C-823/21, Commission v Hungary); |
| --- | --- |

DE.

whereas on 15 July 2021, the Commission decided to refer Hungary to the CJEU, deeming the new asylum procedure incompatible with Article 6 of Directive 2013/32/EU, interpreted in the light of Article 18 of the Charter (Case C-823/21, Commission v Hungary);

| DF. | whereas in its judgment of 16 November 2021 in Case C-821/19, Commission v Hungary (‘Incrimination de l’aide aux demandeurs d’asile’), the CJEU ruled that Hungary had failed to fulfil its obligations under: i) Article 33(2) of Directive 2013/32/EU by allowing an application for international protection to be rejected as inadmissible on the grounds that the applicant had arrived on its territory via a state in which that person was not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection was guaranteed; ii) Article 8(2) and Article 22(1) of Directive 2013/32/EU and Article 10(4) of Directive 2013/33/EU by criminalising in its national law the actions of any person who, in connection with an organising activity, provides assistance in respect of the making or lodging of an application for asylum in its territory, where it can be proved beyond all reasonable doubt that that person was aware that that application could not be accepted under that law; and iii) Article 8(2), Article 12(1), point (c), and Article 22(1) of Directive 2013/32/EU and Article 10(4) of Directive 2013/33/EU by preventing any person who is suspected of having committed such an offence from the right to approach its external borders; |
| --- | --- |

DF.

whereas in its judgment of 16 November 2021 in Case C-821/19, Commission v Hungary (‘Incrimination de l’aide aux demandeurs d’asile’), the CJEU ruled that Hungary had failed to fulfil its obligations under: i) Article 33(2) of Directive 2013/32/EU by allowing an application for international protection to be rejected as inadmissible on the grounds that the applicant had arrived on its territory via a state in which that person was not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection was guaranteed; ii) Article 8(2) and Article 22(1) of Directive 2013/32/EU and Article 10(4) of Directive 2013/33/EU by criminalising in its national law the actions of any person who, in connection with an organising activity, provides assistance in respect of the making or lodging of an application for asylum in its territory, where it can be proved beyond all reasonable doubt that that person was aware that that application could not be accepted under that law; and iii) Article 8(2), Article 12(1), point (c), and Article 22(1) of Directive 2013/32/EU and Article 10(4) of Directive 2013/33/EU by preventing any person who is suspected of having committed such an offence from the right to approach its external borders;

| DG. | whereas in her report of 21 May 2019 following a visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe found that the stance against immigration and asylum seekers adopted by the Hungarian Government since 2015 has resulted in a legislative framework which undermines the reception of asylum seekers and the integration of recognised refugees as prescribed by international human rights obligations; |
| --- | --- |

DG.

whereas in her report of 21 May 2019 following a visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe found that the stance against immigration and asylum seekers adopted by the Hungarian Government since 2015 has resulted in a legislative framework which undermines the reception of asylum seekers and the integration of recognised refugees as prescribed by international human rights obligations;

| DH. | whereas in its report of 17 March 2020 following a visit to Hungary in 2018, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment highlighted that since the committee’s ad hoc visit in 2017, nothing had been done to put in place effective safeguards to prevent the ill-treatment of persons returned by Hungarian police officers through the border fence towards Serbia, and that it was also clear that there were still no legal remedies capable of offering such persons effective protection against their forced removal and/or refoulement, including chain refoulement; |
| --- | --- |

DH.

whereas in its report of 17 March 2020 following a visit to Hungary in 2018, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment highlighted that since the committee’s ad hoc visit in 2017, nothing had been done to put in place effective safeguards to prevent the ill-treatment of persons returned by Hungarian police officers through the border fence towards Serbia, and that it was also clear that there were still no legal remedies capable of offering such persons effective protection against their forced removal and/or refoulement, including chain refoulement;

| DI. | whereas in its concluding observations of 6 June 2019 on the combined 18th to 25th periodic reports of Hungary, the UN Committee on the Elimination of Racial Discrimination expressed concerns at the alarming situation of asylum seekers, refugees and migrants and at reports that the principle of non-refoulement was not being fully respected in law and in practice; whereas the committee was also deeply alarmed by the reported excessive use of force and violence by law enforcement officers against third-country nationals found anywhere in Hungary, while ‘pushing back’ those found near the border to Serbia, resulting in injuries and bodily harm; |
| --- | --- |

DI.

whereas in its concluding observations of 6 June 2019 on the combined 18th to 25th periodic reports of Hungary, the UN Committee on the Elimination of Racial Discrimination expressed concerns at the alarming situation of asylum seekers, refugees and migrants and at reports that the principle of non-refoulement was not being fully respected in law and in practice; whereas the committee was also deeply alarmed by the reported excessive use of force and violence by law enforcement officers against third-country nationals found anywhere in Hungary, while ‘pushing back’ those found near the border to Serbia, resulting in injuries and bodily harm;

| DJ. | whereas in its judgment of 2 March 2021 in R.R. and Others v Hungary, the ECtHR found that the lack of food provided to the first applicant (R.R.) and the conditions of stay of the other applicants (a pregnant woman and children) had led to a violation of the prohibition of inhuman or degrading treatment; whereas the ECtHR also found that the applicants’ stay in the transit zone had amounted to a de facto deprivation of liberty and that the absence of any formal decision of the authorities and any proceedings by which the lawfulness of their detention could have been decided speedily by a court had led to violations of right to liberty and security; whereas the ECtHR came to similar conclusions in its judgments of 24 February 2022 in M.B.K. and Others v Hungary and 2 June 2022 in H.M. and Others v Hungary; whereas the enhanced supervision of the execution of those judgments is still pending; |
| --- | --- |

DJ.

whereas in its judgment of 2 March 2021 in R.R. and Others v Hungary, the ECtHR found that the lack of food provided to the first applicant (R.R.) and the conditions of stay of the other applicants (a pregnant woman and children) had led to a violation of the prohibition of inhuman or degrading treatment; whereas the ECtHR also found that the applicants’ stay in the transit zone had amounted to a de facto deprivation of liberty and that the absence of any formal decision of the authorities and any proceedings by which the lawfulness of their detention could have been decided speedily by a court had led to violations of right to liberty and security; whereas the ECtHR came to similar conclusions in its judgments of 24 February 2022 in M.B.K. and Others v Hungary and 2 June 2022 in H.M. and Others v Hungary; whereas the enhanced supervision of the execution of those judgments is still pending;

| DK. | whereas in his report of 11 May 2020 following a visit to Hungary in 2019, the UN Special Rapporteur on the human rights of migrants reiterated his call for the Hungarian Government to conduct a meaningful reassessment of the current situation and its migration policies, and indicated that Hungary should terminate the so-called crisis situation, which does not correspond to reality and has had a severe negative impact on the human rights of migrants, asylum seekers, the freedom of civil society organisations and the power of the judiciary, as well as lift all other restrictive measures with similar features and consequences; |
| --- | --- |

DK.

whereas in his report of 11 May 2020 following a visit to Hungary in 2019, the UN Special Rapporteur on the human rights of migrants reiterated his call for the Hungarian Government to conduct a meaningful reassessment of the current situation and its migration policies, and indicated that Hungary should terminate the so-called crisis situation, which does not correspond to reality and has had a severe negative impact on the human rights of migrants, asylum seekers, the freedom of civil society organisations and the power of the judiciary, as well as lift all other restrictive measures with similar features and consequences;

| DL. | whereas in its judgment of 8 July 2021 in Shahzad v Hungary, the ECtHR found that the applicant had been subject to a ‘collective’ expulsion as his individual situation had not been ascertained by the authorities, which had not provided genuine and effective ways to enter Hungary, and the applicant had not been removed as a result of his conduct and had no adequate legal remedy available to him; whereas the enhanced supervision of the execution of that judgment is still pending; |
| --- | --- |

DL.

whereas in its judgment of 8 July 2021 in Shahzad v Hungary, the ECtHR found that the applicant had been subject to a ‘collective’ expulsion as his individual situation had not been ascertained by the authorities, which had not provided genuine and effective ways to enter Hungary, and the applicant had not been removed as a result of his conduct and had no adequate legal remedy available to him; whereas the enhanced supervision of the execution of that judgment is still pending;

| DM. | whereas in its decision of 2 December 2021 concerning the pending enhanced supervision of the execution of the ECtHR judgment in Ilias and Ahmed v Hungary, the Committee of Ministers of the Council of Europe recalled that the case in question concerned a violation of the procedural obligation under Article 3 of the European Convention on Human Rights to assess the risks of ill-treatment before removing the asylum-seeking applicants to Serbia by relying on a general presumption of a ‘safe third country’, noted with deep regret that no steps had been taken towards conducting the necessary reassessment of the legislative presumption of ‘safe third country’ in respect of Serbia, and firmly reiterated its invitation for such a reassessment to be carried out without further delay and in line with the requirements of the ECtHR case-law, and for the grounds and outcome thereof to be presented; whereas the committee also noted with grave concern that, despite the concerns expressed in its previous decision, the practice of forced removals without orderly procedure had continued, and strongly reiterated its call on the Hungarian authorities to fully comply with the requirements flowing from the ECtHR judgment and to ensure that forced returns are framed by orderly procedures and safeguards, notably concerning every person’s right to seek asylum as established by international law; |
| --- | --- |

DM.

whereas in its decision of 2 December 2021 concerning the pending enhanced supervision of the execution of the ECtHR judgment in Ilias and Ahmed v Hungary, the Committee of Ministers of the Council of Europe recalled that the case in question concerned a violation of the procedural obligation under Article 3 of the European Convention on Human Rights to assess the risks of ill-treatment before removing the asylum-seeking applicants to Serbia by relying on a general presumption of a ‘safe third country’, noted with deep regret that no steps had been taken towards conducting the necessary reassessment of the legislative presumption of ‘safe third country’ in respect of Serbia, and firmly reiterated its invitation for such a reassessment to be carried out without further delay and in line with the requirements of the ECtHR case-law, and for the grounds and outcome thereof to be presented; whereas the committee also noted with grave concern that, despite the concerns expressed in its previous decision, the practice of forced removals without orderly procedure had continued, and strongly reiterated its call on the Hungarian authorities to fully comply with the requirements flowing from the ECtHR judgment and to ensure that forced returns are framed by orderly procedures and safeguards, notably concerning every person’s right to seek asylum as established by international law;

| DN. | whereas the supervision of the execution of the ECtHR judgments in Nabil and Others v Hungary concerning violations of the applicant asylum seekers’ right to liberty and security, on account of their detention pending the examination of the merits of their asylum claims, is still pending; |
| --- | --- |

DN.

whereas the supervision of the execution of the ECtHR judgments in Nabil and Others v Hungary concerning violations of the applicant asylum seekers’ right to liberty and security, on account of their detention pending the examination of the merits of their asylum claims, is still pending;

| DO. | whereas in her submission of 12 August 2022 addressed to the Committee of Ministers of the Council of Europe, the Commissioner for Human Rights of the Council of Europe indicated that access to the asylum procedure and to a substantive and individual risk assessment has become virtually impossible in Hungary owing to the consecutive and overlapping measures taken by the Government since 2015; whereas potential asylum seekers are either refused legal entry to the territory or, with few exceptions, obliged to leave Hungary and undergo a pre-screening through the Embassy procedure before being able to submit a claim for international protection; whereas this gradual dismantling of the asylum system has been consistently accompanied and fuelled by a harsh anti-migrant discourse adopted by the Hungarian Government, further undermining the reception and protection of refugees and asylum seekers in the country; |
| --- | --- |

DO.

whereas in her submission of 12 August 2022 addressed to the Committee of Ministers of the Council of Europe, the Commissioner for Human Rights of the Council of Europe indicated that access to the asylum procedure and to a substantive and individual risk assessment has become virtually impossible in Hungary owing to the consecutive and overlapping measures taken by the Government since 2015; whereas potential asylum seekers are either refused legal entry to the territory or, with few exceptions, obliged to leave Hungary and undergo a pre-screening through the Embassy procedure before being able to submit a claim for international protection; whereas this gradual dismantling of the asylum system has been consistently accompanied and fuelled by a harsh anti-migrant discourse adopted by the Hungarian Government, further undermining the reception and protection of refugees and asylum seekers in the country;

Economic and social rights

| DP. | whereas in its recommendation of 12 July 2022 on the 2022 National Reform Programme of Hungary and delivering a Council opinion on the 2022 Convergence Programme of Hungary, the Council recommended continuing the labour-market integration of the most-vulnerable groups, in particular through upskilling, and extending the duration of unemployment benefits to improve the adequacy of social assistance and ensure access to essential services and adequate housing for all; whereas it recommended improving education outcomes and increasing the participation of disadvantaged groups, in particular Roma, in quality mainstream education and improving access to quality preventive and primary care services; |
| --- | --- |

DP.

whereas in its recommendation of 12 July 2022 on the 2022 National Reform Programme of Hungary and delivering a Council opinion on the 2022 Convergence Programme of Hungary, the Council recommended continuing the labour-market integration of the most-vulnerable groups, in particular through upskilling, and extending the duration of unemployment benefits to improve the adequacy of social assistance and ensure access to essential services and adequate housing for all; whereas it recommended improving education outcomes and increasing the participation of disadvantaged groups, in particular Roma, in quality mainstream education and improving access to quality preventive and primary care services;

| DQ. | whereas in its concluding observations of 3 March 2020 on the sixth periodic report of Hungary, the UN Committee on the Rights of the Child recommended that Hungary should continue to invest in measures to end poverty, paying particular attention to Roma children and children living in socio-economically deprived areas, and raised serious concerns about the number of students leaving school early, most of whom are from disadvantaged backgrounds, the allocation of public schools to religious communities, which can contribute to segregation based on religion and belief, the continued segregation of Roma children in education, the education gap between Roma and non-Roma children, the lack of official data on Roma children in education, the bullying, abuse and exclusion faced by children in schools, in particular LGBTI children, and the use of methods of discipline in schools that fail to protect children from physical and mental violence; |
| --- | --- |

DQ.

whereas in its concluding observations of 3 March 2020 on the sixth periodic report of Hungary, the UN Committee on the Rights of the Child recommended that Hungary should continue to invest in measures to end poverty, paying particular attention to Roma children and children living in socio-economically deprived areas, and raised serious concerns about the number of students leaving school early, most of whom are from disadvantaged backgrounds, the allocation of public schools to religious communities, which can contribute to segregation based on religion and belief, the continued segregation of Roma children in education, the education gap between Roma and non-Roma children, the lack of official data on Roma children in education, the bullying, abuse and exclusion faced by children in schools, in particular LGBTI children, and the use of methods of discipline in schools that fail to protect children from physical and mental violence;

| DR. | whereas on 11 February 2022, the Hungarian Government issued an emergency decree which determined the ‘necessary minimum services’ that must be provided during a strike under the law on strikes, interpreting them in such a broad manner as to make it impossible to strike; whereas the decree restricted the rights of teachers who had announced plans to strike on 16 March 2022; |
| --- | --- |

DR.

whereas on 11 February 2022, the Hungarian Government issued an emergency decree which determined the ‘necessary minimum services’ that must be provided during a strike under the law on strikes, interpreting them in such a broad manner as to make it impossible to strike; whereas the decree restricted the rights of teachers who had announced plans to strike on 16 March 2022;

| DS. | whereas since the adoption of the prohibition of the habitual residence in a public space, several ordinary courts requested that the Constitutional Court annul the legislation alleging the unconstitutionality of the law on many grounds; whereas after a lengthy delay, the Constitutional Court rejected all of the petitions submitted by the ordinary courts on all grounds and refused to take into account any submissions that did not support the government’s reasoning; whereas in the case of homelessness, the social security system focuses primarily on declaring it illegal for homeless people to stay in public areas and on punitive measures, instead of social inclusion; |
| --- | --- |

DS.

whereas since the adoption of the prohibition of the habitual residence in a public space, several ordinary courts requested that the Constitutional Court annul the legislation alleging the unconstitutionality of the law on many grounds; whereas after a lengthy delay, the Constitutional Court rejected all of the petitions submitted by the ordinary courts on all grounds and refused to take into account any submissions that did not support the government’s reasoning; whereas in the case of homelessness, the social security system focuses primarily on declaring it illegal for homeless people to stay in public areas and on punitive measures, instead of social inclusion;

| 1. | Reiterates that its concerns relate to the following issues in Hungary:






  — | the functioning of the constitutional and electoral system, |
| --- | --- | --- |

1.

—

the functioning of the constitutional and electoral system,

| — | the independence of the judiciary and of other institutions and the rights of judges, |
| --- | --- |

—

the independence of the judiciary and of other institutions and the rights of judges,

| — | corruption and conflicts of interest, |
| --- | --- |

—

corruption and conflicts of interest,

| — | privacy and data protection, |
| --- | --- |

—

privacy and data protection,

| — | freedom of expression, including media pluralism, |
| --- | --- |

—

freedom of expression, including media pluralism,

| — | academic freedom, |
| --- | --- |

—

academic freedom,

| — | freedom of religion, |
| --- | --- |

—

freedom of religion,

| — | freedom of association, |
| --- | --- |

—

freedom of association,

| — | the right to equal treatment, including LGBTIQ rights, |
| --- | --- |

—

the right to equal treatment, including LGBTIQ rights,

| — | the rights of persons belonging to minorities, including Roma and Jews, and protection against hateful statements against such minorities, |
| --- | --- |

—

the rights of persons belonging to minorities, including Roma and Jews, and protection against hateful statements against such minorities,

| — | the fundamental rights of migrants, asylum seekers and refugees, |
| --- | --- |

—

the fundamental rights of migrants, asylum seekers and refugees,

| — | economic and social rights; |
| --- | --- |

—

economic and social rights;

| 2. | Believes that, taken together, the facts and trends, as illustrated by Parliament’s resolutions, represent a systemic threat to the values of Article 2 TEU and constitute a clear risk of a serious breach thereof; expresses deep concern about and condemns the deliberate and systematic efforts of the Hungarian Government to undermine the founding values of the Union enshrined in Article 2 TEU; highlights that these trends have substantially worsened since the triggering of Article 7(1) TEU; stresses that the Hungarian Government bears responsibility for the restoration of compliance with EU law and the values enshrined in Article 2 TEU and expresses deep regret that the lack of decisive EU action has contributed to a breakdown in democracy, the rule of law and fundamental rights in Hungary, turning the country into a hybrid regime of electoral autocracy, according to the relevant indices; |
| --- | --- |

2.

| 3. | Deplores the inability of the Council to make meaningful progress in the ongoing Article 7(1) TEU procedure; urges the Council to ensure that hearings take place at a minimum once per Presidency during ongoing Article 7 TEU procedures and also address new developments affecting the rule of law, democracy and fundamental rights; calls on the Council to publish comprehensive minutes after each hearing; emphasises that there is no need for unanimity in the Council either to identify a clear risk of a serious breach of Union values under Article 7(1), or to address concrete recommendations to the Member States in question and provide deadlines for the implementation of those recommendations; reiterates its call for the Council to do so, underlining that any further delay to such action would amount to a breach of the rule of law principle by the Council itself; stresses that Member States have an obligation to act together and to put an end to the attacks on the values enshrined in Article 2 TEU; calls on the Council to issue recommendations to Hungary as soon as possible in order to remedy the issues mentioned in its resolution of 12 September 2018 and in the present resolution, asking it to implement all the judgments and recommendations mentioned, including those related to the general elections held on 3 April 2022; insists that in all proceedings related to Article 7 TEU, Parliament should be able to present its reasoned proposal to the Council, to attend Article 7 TEU hearings and to be promptly and fully informed at every stage of the procedure; |
| --- | --- |

3.

| 4. | Calls on the Council and the Commission to devote more attention to the systemic dismantling of the rule of law, as well as to the interplay between the various breaches of values identified in its resolutions; underlines that leaving rule of law breaches unchecked undermines democratic institutions and ultimately affects the human rights and lives of everyone in the country where those breaches are committed; stresses that the Union should defend all of the values enshrined in Article 2 TEU with equal determination; |
| --- | --- |

4.

| 5. | Calls on the Commission to make full use of the tools available to address the clear risk of a serious breach by Hungary of the values on which the Union is founded, in particular expedited infringement procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of the Court’s judgments; recalls the importance of the Rule of Law Conditionality Regulation and welcomes the decision to trigger it in the case of Hungary, albeit after a long delay and with a limited scope; calls on the Commission to take immediate action under the regulation as regards other breaches of the rule of law, particularly those relating to the independence of the judiciary and other grounds addressed in the letter sent by the Commission to Hungary on 19 November 2021; underlines the fact that the application of the Rule of Law Conditionality Regulation is a complementary tool to the Article 7 procedure, is directly applicable in all Member States and has been enforceable since January 2021, and calls on the Commission to take all the necessary steps to ensure its effective enforcement; notes the risk of misuse of funds under the Recovery and Resilience Facility and reiterates its call for the Commission to refrain from approving Hungary’s plan until it has fully complied with all European Semester country-specific recommendations in the field of the rule of law and until it has implemented all of the relevant judgments of the CJEU and ECtHR; expects the Commission to exclude any risks of programmes under cohesion policy contributing to the misuse of EU funds or to breaches of the rule of law before approving the partnership agreements and cohesion policy programmes; calls on the Commission to apply the Common Provisions Regulation (28) and the Financial Regulation (29) more stringently in order to tackle any misuse of EU funds for political motives; considers that the application of these instruments to protect the values enshrined in Article 2 TEU is even more pressing at a time when these values are being threatened by Russia’s war against Ukraine and the actions it is taking against the EU; |
| --- | --- |

5.

| 6. | Reiterates its call on the Commission to ensure that the final recipients or beneficiaries of EU funds are not deprived of these funds in the event that sanctions are applied under the Rule of Law Conditionality Mechanism, as set out in Article 5(4) and (5), of the Rule of Law Conditionality Regulation; calls on the Commission to find ways to distribute EU funds via local governments and NGOs if the government concerned does not cooperate regarding the deficiencies in the implementation of the rule of law; |
| --- | --- |

6.

| 7. | Calls on the Commission to support independent civil society in Hungary which safeguards the values enshrined in Article 2 TEU, in particular by using the Citizens, Equality, Rights and Values programme; reiterates its call on the Commission to adopt a comprehensive civil society strategy for the protection and development of civic space within the Union that integrates all existing tools and outlines a set of concrete measures to protect and strengthen civic space; |
| --- | --- |

7.

| 8. | Reiterates its call on the Commission and the Council to immediately enter into negotiations with Parliament on an EU mechanism on democracy, the rule of law and fundamental rights in the form of an interinstitutional agreement, including a permanent policy cycle among the EU institutions; |
| --- | --- |

8.

| 9. | Welcomes the conclusions of the Conference on the Future of Europe, in particular those contained in proposal 25 on the rule of law, democratic values and European identity, and reiterates the need to strengthen the procedure for the protection of the values on which the Union is founded and to clarify the determination and consequences of breaches of fundamental values; |
| --- | --- |

9.

| 10. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Council of Europe, the Organization for Security and Co-operation in Europe and the United Nations. |
| --- | --- |

10.

---

(1)  OJ C 433, 23.12.2019, p. 66.

(2)  OJ C 270, 7.7.2021, p. 91.

(3)  Texts adopted, P9_TA(2022)0204.

(4)  OJ C 99, 1.3.2022, p. 218.

(5)  Judgment of 24 June 2019, European Commission v Republic of Poland, C-619/18, ECLI:EU:C:2019:531, paragraph 42.

(6)  Opinion of the Court of 18 December 2014, Opinion pursuant to Article 218(11) TFEU, 2/13, ECLI:EU:C:2014:2454, paragraph 168.

(7)  Judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses v Tribunal de Contas, C-64/16, ECLI EU:C:2018:117, paragraph 32.

(8)  OJ C 316, 6.8.2021, p. 2.

(9)  OJ C 282, 26.8.2020, p. 107.

(10)  Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (OJ L 433 I , 22.12.2020, p. 1).

(11)  OJ L 94, 28.3.2014, p. 65.

(12)  OJ L 94, 28.3.2014, p. 1.

(13)  OJ L 94, 28.3.2014, p. 243.

(14)  OJ L 198, 28.7.2017, p. 29.

(15)  OJ L 321, 17.12.2018, p. 36.

(16)  OJ L 376, 27.12.2006, p. 36.

(17)  Provisions which impose obligations of registration, declaration and publication on certain categories of civil society organisations directly or indirectly receiving support from abroad exceeding a certain threshold and which provide for the possibility of applying penalties to organisations that do not comply with those obligations.

(18)  OJ L 149, 11.6.2005, p. 22.

(19)  OJ L 95, 15.4.2010, p. 1.

(20)  OJ L 178, 17.7.2000, p. 1.

(21)  OJ L 180, 19.7.2000, p. 22.

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

(23)  OJ L 328, 6.12.2008, p. 55.

(24)  OJ L 180, 29.6.2013, p. 60.

(25)  Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece (OJ L 248, 24.9.2015, p. 80).

(26)  OJ L 348, 24.12.2008, p. 98.

(27)  OJ L 180, 29.6.2013, p. 96.

(28)  OJ L 231, 30.6.2021, p. 159.

(29)  OJ L 193, 30.7.2018, p. 1.

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| 5.4.2023 | EN | Official Journal of the European Union | C 125/485 |
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5.4.2023

EN

Official Journal of the European Union

C 125/485

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P9_TA(2022)0328

Statute and funding of European political parties and European political foundations ***I

Amendments adopted by the European Parliament on 15 September 2022 on the proposal for a regulation of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (recast) (COM(2021)0734 — C9-0432/2021 — 2021/0375(COD)) (1)

(Ordinary legislative procedure — recast)

(2023/C 125/29)

Amendment 1

Proposal for a regulation

Recital 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2a) | Article 8 of the Treaty on the Functioning of the European Union (TFEU) establishes the principle of gender mainstreaming, by which the Union aims to eliminate inequalities, and to promote equality between men and women in all its activities. |

Text proposed by the Commission

Amendment

(2a)

Article 8 of the Treaty on the Functioning of the European Union (TFEU) establishes the principle of gender mainstreaming, by which the Union aims to eliminate inequalities, and to promote equality between men and women in all its activities.

Amendment 2

Proposal for a regulation

Recital 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | Article 21 of the Charter establishes the right to gender equality in all areas. |

Text proposed by the Commission

Amendment

(3a)

Article 21 of the Charter establishes the right to gender equality in all areas.

Amendment 3

Proposal for a regulation

Recital 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12a) | Differentiated levels of affiliation and a category of ‘research partners’ should be recognised for European political foundations, in order to allow more flexibility and to facilitate freedom of research. |

Text proposed by the Commission

Amendment

(12a)

Differentiated levels of affiliation and a category of ‘research partners’ should be recognised for European political foundations, in order to allow more flexibility and to facilitate freedom of research.

Amendment 4

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | The European legal status granted to European political parties and their affiliated foundations should provide them with legal capacity and recognition in all the Member States. Such legal capacity and recognition do not entitle them to nominate candidates in national elections or elections to the European Parliament. Any such or similar entitlement remains under the competence of Member States. |

Text proposed by the Commission

Amendment

(23)

The European legal status granted to European political parties and their affiliated foundations should provide them with legal capacity and recognition in all the Member States. Such legal capacity and recognition do not entitle them to nominate candidates in national elections or elections to the European Parliament. Any such or similar entitlement remains under the competence of Member States.

| (23) | The European legal status granted to European political parties and their affiliated foundations should provide them with legal capacity and recognition in all the Member States. Such legal capacity and recognition do not entitle them to nominate candidates in national elections or
  in national or regional constituencies in the
  elections to the European Parliament. Any such or similar entitlement remains under the competence of Member States. |
| --- | --- |

(23)

The European legal status granted to European political parties and their affiliated foundations should provide them with legal capacity and recognition in all the Member States. Such legal capacity and recognition do not entitle them to nominate candidates in national elections or
  in national or regional constituencies in the
  elections to the European Parliament. Any such or similar entitlement remains under the competence of Member States.

Amendment 144

Proposal for a regulation

Recital 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| (30) | European political parties
  and
  their member parties should lead by example in closing the gender gap in the political domain. If they wish to benefit from EU funding, European political parties should have internal rules promoting gender
  balance and they
  should be transparent about the gender balance of their member parties
  . European political parties
  should provide evidence
  on their internal policy on gender balance and
  on their member parties’ gender representation as regards candidates to and Member of the European Parliament . The European political parties are also encouraged to provide information in relation to their member parties’ on inclusiveness and representation of minorities. |

Text proposed by the Commission

Amendment

(30)

European political parties
  and
  their member parties should lead by example in closing the gender gap in the political domain. If they wish to benefit from EU funding, European political parties should have internal rules promoting gender
  balance and they
  should be transparent about the gender balance of their member parties
  . European political parties
  should provide evidence
  on their internal policy on gender balance and
  on their member parties’ gender representation as regards candidates to and Member of the European Parliament . The European political parties are also encouraged to provide information in relation to their member parties’ on inclusiveness and representation of minorities.

| (30) | European political parties, their member parties
  and European political foundations
  should lead by example in closing the gender gap in the political domain. If they wish to benefit from EU funding, European political parties
  and European political foundations
  should have internal rules promoting gender
  equality, including a gender equality plan and a protocol to prevent, detect and combat sexual harassment and harassment on the grounds of gender. In addition, European political parties
  should be transparent about the gender balance of their member parties
  and
  should provide evidence on their member parties’ gender representation as regards candidates to and Member of the European Parliament
  . European political parties and European political foundations should also provide evidence on their internal policy on gender equality by means of an annual report
  . The European political parties are also encouraged to provide information in relation to their member parties’ on inclusiveness and representation of minorities. |
| --- | --- |

(30)

European political parties, their member parties
  and European political foundations
  should lead by example in closing the gender gap in the political domain. If they wish to benefit from EU funding, European political parties
  and European political foundations
  should have internal rules promoting gender
  equality, including a gender equality plan and a protocol to prevent, detect and combat sexual harassment and harassment on the grounds of gender. In addition, European political parties
  should be transparent about the gender balance of their member parties
  and
  should provide evidence on their member parties’ gender representation as regards candidates to and Member of the European Parliament
  . European political parties and European political foundations should also provide evidence on their internal policy on gender equality by means of an annual report
  . The European political parties are also encouraged to provide information in relation to their member parties’ on inclusiveness and representation of minorities.

Amendment 5

Proposal for a regulation

Recital 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| (38) | Regulation (EU, Euratom) No 1141/2014 acknowledges only two categories of revenues for European political parties and foundations apart from contributions from the budget of the European Union, namely contributions from members and donations. A number of revenue sources generated from own economic activities (such as sales of publications or conference fees) fall outside the scope of
  these
  two categories, creating accounting and transparency problems. A third category of revenues (‘own resources’) should therefore be created. The proportion of own resources in the total budget of a European political party or
  foundations
  should be capped at
  5 % to avoid
  that it
  becomes overdimensioned in relation
  to the overall budget of these entities. |

Text proposed by the Commission

Amendment

(38)

Regulation (EU, Euratom) No 1141/2014 acknowledges only two categories of revenues for European political parties and foundations apart from contributions from the budget of the European Union, namely contributions from members and donations. A number of revenue sources generated from own economic activities (such as sales of publications or conference fees) fall outside the scope of
  these
  two categories, creating accounting and transparency problems. A third category of revenues (‘own resources’) should therefore be created. The proportion of own resources in the total budget of a European political party or
  foundations
  should be capped at
  5 % to avoid
  that it
  becomes overdimensioned in relation
  to the overall budget of these entities.

| (38) | Regulation (EU, Euratom) No 1141/2014 acknowledges only two categories of revenues for European political parties and
  European political
  foundations apart from contributions from the budget of the European Union, namely contributions
  or association fees
  from members and donations. A number of revenue sources generated from own economic activities (such as sales of publications or conference
  or workshop
  fees) fall outside the scope of
  those
  two categories, creating accounting and transparency problems. A third category of revenues (‘
  ancillary
  own resources’) should therefore be created. The proportion of
  ancillary
  own resources in the total budget of a European political party or
  of a European political foundation
  should be capped at
  10 % of the amount generated by contributions and association fees so
  that it
  remains proportionate
  to the overall budget of these entities. |
| --- | --- |

(38)

Regulation (EU, Euratom) No 1141/2014 acknowledges only two categories of revenues for European political parties and
  European political
  foundations apart from contributions from the budget of the European Union, namely contributions
  or association fees
  from members and donations. A number of revenue sources generated from own economic activities (such as sales of publications or conference
  or workshop
  fees) fall outside the scope of
  those
  two categories, creating accounting and transparency problems. A third category of revenues (‘
  ancillary
  own resources’) should therefore be created. The proportion of
  ancillary
  own resources in the total budget of a European political party or
  of a European political foundation
  should be capped at
  10 % of the amount generated by contributions and association fees so
  that it
  remains proportionate
  to the overall budget of these entities.

Amendment 6

Proposal for a regulation

Recital 39

| Text proposed by the Commission | Amendment |
| --- | --- |
| (39) | In order to reach out to their members and constituencies across the Union, European political parties should have the right to use their funding for cross-border political campaigns. The funding and limitation of election expenses for parties and candidates in those campaigns should be governed by the rules applicable in each Member State. |

Text proposed by the Commission

Amendment

(39)

In order to reach out to their members and constituencies across the Union, European political parties should have the right to use their funding for cross-border political campaigns. The funding and limitation of election expenses for parties and candidates in those campaigns should be governed by the rules applicable in each Member State.

| (39) | In order to reach out to their members and constituencies across the Union, European political parties should have the right to use their funding for cross-border political campaigns
  , such as referendum campaigns and campaigns conducted in the context of elections to the European Parliament, including by setting up and promoting Union-wide lists of candidates in such elections
  . The funding and limitation of election expenses for parties and candidates in those campaigns should be governed by the rules applicable in each Member State. |
| --- | --- |

(39)

In order to reach out to their members and constituencies across the Union, European political parties should have the right to use their funding for cross-border political campaigns
  , such as referendum campaigns and campaigns conducted in the context of elections to the European Parliament, including by setting up and promoting Union-wide lists of candidates in such elections
  . The funding and limitation of election expenses for parties and candidates in those campaigns should be governed by the rules applicable in each Member State.

Amendment 7

Proposal for a regulation

Recital 41

| Text proposed by the Commission | Amendment |
| --- | --- |
| (41) | European political parties should not
  fund, directly or indirectly,
  other political
  parties
  and, in particular, national
  parties or candidates. European political foundations should not fund, directly or indirectly, European or national political
  parties or candidates. The prohibition of indirect funding should however not prevent European political parties from publicly supporting and engaging with their member parties in the Union on issues of relevance for the Union,
  or to support
  political activities in the common interest, to be able to fulfil their mission under Article 10(4) TEU. Moreover, European political parties
  and their affiliated European political foundations
  should only finance activities in the context of national referendum campaigns when they concern
  the implementation of the TEU and the TFEU
  . These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice. |

Text proposed by the Commission

Amendment

(41)

European political parties should not
  fund, directly or indirectly,
  other political
  parties
  and, in particular, national
  parties or candidates. European political foundations should not fund, directly or indirectly, European or national political
  parties or candidates. The prohibition of indirect funding should however not prevent European political parties from publicly supporting and engaging with their member parties in the Union on issues of relevance for the Union,
  or to support
  political activities in the common interest, to be able to fulfil their mission under Article 10(4) TEU. Moreover, European political parties
  and their affiliated European political foundations
  should only finance activities in the context of national referendum campaigns when they concern
  the implementation of the TEU and the TFEU
  . These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice.

| (41) | European political parties
  and European political foundations
  should not
  use funding received from the general budget of the European Union for the direct or indirect funding of
  other political
  entities
  and, in particular, national parties or candidates. The prohibition of indirect funding should however not prevent European political parties
  or European political foundations
  from publicly supporting and engaging with their member parties
  or member organisations
  in the Union on issues of relevance for the Union,
  from supporting
  political activities in the common interest,
  or from engaging in educational activities, in order
  to be able to fulfil their mission under Article 10(4) TEU
  and to reinforce the European demos. The prohibition of indirect funding should not prevent representatives and staffers of political parties, or of potentially politically active persons, from participating in events of European political foundations. However, European political foundations should not engage in the training of political candidates in the six months before national or European elections
  . Moreover, European political parties should only finance activities in the context of national referendum campaigns when they concern
  issues directly related to the Union
  . These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice. |
| --- | --- |

(41)

European political parties
  and European political foundations
  should not
  use funding received from the general budget of the European Union for the direct or indirect funding of
  other political
  entities
  and, in particular, national parties or candidates. The prohibition of indirect funding should however not prevent European political parties
  or European political foundations
  from publicly supporting and engaging with their member parties
  or member organisations
  in the Union on issues of relevance for the Union,
  from supporting
  political activities in the common interest,
  or from engaging in educational activities, in order
  to be able to fulfil their mission under Article 10(4) TEU
  and to reinforce the European demos. The prohibition of indirect funding should not prevent representatives and staffers of political parties, or of potentially politically active persons, from participating in events of European political foundations. However, European political foundations should not engage in the training of political candidates in the six months before national or European elections
  . Moreover, European political parties should only finance activities in the context of national referendum campaigns when they concern
  issues directly related to the Union
  . These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice.

Amendment 8

Proposal for a regulation

Recital 50

| Text proposed by the Commission | Amendment |
| --- | --- |
| (50) | It is necessary to establish a common repository for the disclosures of European political parties. Given its specific role in the implementation of this Regulation, the Authority should establish and manage such repository as a part of the Registry for European political parties. The information contained in the repository should be transmitted by European Political Parties to the Authority using a standard format and may be automated. European political parties should make available in the Authority’s repository information to enable the wider context of the political advertisement
  and its aims
  to be understood. The information on the amount allocated to political advertising in the context of a specific campaign to be included in the repository may be based on
  an estimated allocation
  of funding. The amounts to be mentioned in the repository include donations for specific purposes
  or
  benefits in kind. |

Text proposed by the Commission

Amendment

(50)

It is necessary to establish a common repository for the disclosures of European political parties. Given its specific role in the implementation of this Regulation, the Authority should establish and manage such repository as a part of the Registry for European political parties. The information contained in the repository should be transmitted by European Political Parties to the Authority using a standard format and may be automated. European political parties should make available in the Authority’s repository information to enable the wider context of the political advertisement
  and its aims
  to be understood. The information on the amount allocated to political advertising in the context of a specific campaign to be included in the repository may be based on
  an estimated allocation
  of funding. The amounts to be mentioned in the repository include donations for specific purposes
  or
  benefits in kind.

| (50) | It is necessary to establish a common repository for the disclosures of European political parties. Given its specific role in the implementation of this Regulation, the Authority should establish and manage such repository as a part of the Registry for European political parties. The information contained in the repository should be transmitted by European Political Parties to the Authority using a standard format and may be automated. European political parties should make available in the Authority’s repository information to enable the wider context
  and objectives
  of the political advertisement to be understood
  by citizens
  . The information on the amount allocated to political advertising in the context of a specific campaign to be included in the repository may be based on
  a realistic estimate
  of funding
  and the actual amounts, once known
  . The amounts to be mentioned in the repository include donations for specific purposes, benefits in kind
  , contributions, association fees and ancillary own resources
  . |
| --- | --- |

(50)

It is necessary to establish a common repository for the disclosures of European political parties. Given its specific role in the implementation of this Regulation, the Authority should establish and manage such repository as a part of the Registry for European political parties. The information contained in the repository should be transmitted by European Political Parties to the Authority using a standard format and may be automated. European political parties should make available in the Authority’s repository information to enable the wider context
  and objectives
  of the political advertisement to be understood
  by citizens
  . The information on the amount allocated to political advertising in the context of a specific campaign to be included in the repository may be based on
  a realistic estimate
  of funding
  and the actual amounts, once known
  . The amounts to be mentioned in the repository include donations for specific purposes, benefits in kind
  , contributions, association fees and ancillary own resources
  .

Amendment 9

Proposal for a regulation

Recital 61

| Text proposed by the Commission | Amendment |
| --- | --- |
| (61) | In order to facilitating the monitoring of the implementation of this Regulation, single points of contact in charge of coordination with the European level should be designated by each Member
  Sate
  . Such contact points should be adequately resourced to be able to ensure effective coordination, including on issues related to the monitoring of political advertising, |

Text proposed by the Commission

Amendment

(61)

In order to facilitating the monitoring of the implementation of this Regulation, single points of contact in charge of coordination with the European level should be designated by each Member
  Sate
  . Such contact points should be adequately resourced to be able to ensure effective coordination, including on issues related to the monitoring of political advertising,

| (61) | In order to facilitating the monitoring of the implementation of this Regulation, single points of contact in charge of coordination with the European level should be designated by each Member
  State
  . Such contact points should be adequately resourced to be able to ensure effective coordination, including on issues related to the monitoring of political advertising
  . The Authority should regularly convene the single points of contact designated by the Member States in order to exchange best practices on matters of common concern. |
| --- | --- |

(61)

In order to facilitating the monitoring of the implementation of this Regulation, single points of contact in charge of coordination with the European level should be designated by each Member
  State
  . Such contact points should be adequately resourced to be able to ensure effective coordination, including on issues related to the monitoring of political advertising
  . The Authority should regularly convene the single points of contact designated by the Member States in order to exchange best practices on matters of common concern.

Amendment 10

Proposal for a regulation

Article 2 — paragraph 1 — point 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | it is either recognised by, or established in accordance with, the legal order of at least one Member State; |

Text proposed by the Commission

Amendment

(b)

it is either recognised by, or established in accordance with, the legal order of at least one Member State;

| (b) | it is either recognised by, or established in accordance with, the legal order of at least one Member State
  or of a third country that belongs to the Council of Europe and has full rights of representation therein
  ; |
| --- | --- |

(b)

it is either recognised by, or established in accordance with, the legal order of at least one Member State
  or of a third country that belongs to the Council of Europe and has full rights of representation therein
  ;

Amendment 11

Proposal for a regulation

Article 2 — paragraph 1 — point 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | ‘European political party’ means a political alliance which pursues political objectives, aims to pursue those objectives across the Union, and is registered with the Authority for European political parties and foundations referred to in Article 7, in accordance with this Regulation; |

Text proposed by the Commission

Amendment

(3)

‘European political party’ means a political alliance which pursues political objectives, aims to pursue those objectives across the Union, and is registered with the Authority for European political parties and foundations referred to in Article 7, in accordance with this Regulation;

| (3) | ‘European political party’ means a political alliance which pursues political objectives,
  which
  aims to pursue those objectives across the
  Union, and of which a majority of its member parties are either recognised by, or established in accordance with, the legal order of at least one Member State, and have their seat within the European
  Union, and
  which
  is registered with the Authority for European political parties and foundations referred to in Article 7, in accordance with this Regulation; |
| --- | --- |

(3)

‘European political party’ means a political alliance which pursues political objectives,
  which
  aims to pursue those objectives across the
  Union, and of which a majority of its member parties are either recognised by, or established in accordance with, the legal order of at least one Member State, and have their seat within the European
  Union, and
  which
  is registered with the Authority for European political parties and foundations referred to in Article 7, in accordance with this Regulation;

Amendment 12

Proposal for a regulation

Article 2 — paragraph 1 — point 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | ‘donation’ means any
  cash offering
  , any offering in kind, the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, with the exception of contributions
  from members
  and usual political activities carried out on a voluntary basis by individuals; |

Text proposed by the Commission

Amendment

(7)

‘donation’ means any
  cash offering
  , any offering in kind, the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, with the exception of contributions
  from members
  and usual political activities carried out on a voluntary basis by individuals;

| (7) | ‘donation’ means any
  payment
  , any offering in kind, the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, with the exception of
  contributions, association fees, ancillary own resources
  and usual political activities carried out on a voluntary basis by individuals; |
| --- | --- |

(7)

‘donation’ means any
  payment
  , any offering in kind, the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, with the exception of
  contributions, association fees, ancillary own resources
  and usual political activities carried out on a voluntary basis by individuals;

Amendment 13

Proposal for a regulation

Article 2 — paragraph 1 — point 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | ‘contribution
  from members
  ’ means any payment
  in cash
  , including membership fees, or any contribution in kind, or the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, when provided to that European political party or to that European political foundation by one of its members, with the exception of usual political activities carried out on a voluntary basis by individual members; |

Text proposed by the Commission

Amendment

(8)

‘contribution
  from members
  ’ means any payment
  in cash
  , including membership fees, or any contribution in kind, or the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, when provided to that European political party or to that European political foundation by one of its members, with the exception of usual political activities carried out on a voluntary basis by individual members;

| (8) | ‘contribution’ means any payment
  , except where it is clearly indicated that the contribution comes from the general budget of the European Union
  , including membership fees, or any contribution in kind, or the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, when provided to that European political party or to that European political foundation by one of its members
  that has its seat or his or her place of residence within the Union
  , with the exception of usual political activities carried out on a voluntary basis by individual members; |
| --- | --- |

(8)

‘contribution’ means any payment
  , except where it is clearly indicated that the contribution comes from the general budget of the European Union
  , including membership fees, or any contribution in kind, or the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, when provided to that European political party or to that European political foundation by one of its members
  that has its seat or his or her place of residence within the Union
  , with the exception of usual political activities carried out on a voluntary basis by individual members;

Amendment 14

Proposal for a regulation

Article 2 — paragraph 1 — point 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8 a) | ‘association fees’ means any payment provided to the European political party or European political foundation by one of its member parties or member organisations that has its seat in a third country that belongs to the Council of Europe and has full rights of representation therein. |

Text proposed by the Commission

Amendment

(8 a)

Amendment 15

Proposal for a regulation

Article 2 — paragraph 1 — point 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | ‘own resources’ means income generated by own economic activities, such as
  conference fees and
  sales of publications; |

Text proposed by the Commission

Amendment

(9)

‘own resources’ means income generated by own economic activities, such as
  conference fees and
  sales of publications;

| (9) | ‘
  ancillary
  own resources’ means income generated by own economic activities, such as
  from joint activities with other political entities,
  sales of publications
  , participation fees for conferences or workshops, or other activities directly linked to political activities
  ; |
| --- | --- |

(9)

‘
  ancillary
  own resources’ means income generated by own economic activities, such as
  from joint activities with other political entities,
  sales of publications
  , participation fees for conferences or workshops, or other activities directly linked to political activities
  ;

Amendment 16

Proposal for a regulation

Article 2 — paragraph 1 — point 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | ‘indirect funding’ means funding from which the member party derives a financial advantage, even where no funds are directly transferred; this should include cases which allow the member party to avoid expenditure which it would otherwise have had to incur for activities, other than
  political
  activities
  in the common interest
  , organised for its own and sole benefit; |

Text proposed by the Commission

Amendment

(10)

‘indirect funding’ means funding from which the member party derives a financial advantage, even where no funds are directly transferred; this should include cases which allow the member party to avoid expenditure which it would otherwise have had to incur for activities, other than
  political
  activities
  in the common interest
  , organised for its own and sole benefit;

| (10) | ‘indirect funding’ means funding from which the member party derives a financial advantage, even where no funds are directly transferred; this should include cases which allow the member party to avoid expenditure which it would otherwise have had to incur for activities, other than
  joint
  activities
  with other political entities co-financed to the extent that they concern issues of relevance for the Union’s fields of activities
  , organised for its own and sole benefit; |
| --- | --- |

(10)

‘indirect funding’ means funding from which the member party derives a financial advantage, even where no funds are directly transferred; this should include cases which allow the member party to avoid expenditure which it would otherwise have had to incur for activities, other than
  joint
  activities
  with other political entities co-financed to the extent that they concern issues of relevance for the Union’s fields of activities
  , organised for its own and sole benefit;

Amendment 17

Proposal for a regulation

Article 2 — paragraph 1 — point 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | ‘political advertising’ means advertising
  within the meaning of
  Article 2, point (2), of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising]; |

Text proposed by the Commission

Amendment

(16)

‘political advertising’ means advertising
  within the meaning of
  Article 2, point (2), of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising];

| (16) | ‘political advertising’ means ‘advertising’
  as defined in
  Article 2, point (2), of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising]; |
| --- | --- |

(16)

‘political advertising’ means ‘advertising’
  as defined in
  Article 2, point (2), of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising];

Amendment 18

Proposal for a regulation

Article 2 — paragraph 1 — point 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | ‘political advertisement’ means advertisement
  within the meaning of
  Article 2, point (3) of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising]; |

Text proposed by the Commission

Amendment

(17)

‘political advertisement’ means advertisement
  within the meaning of
  Article 2, point (3) of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising];

| (17) | ‘political advertisement’ means ‘advertisement’
  as defined in
  Article 2, point (3), of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising]; |
| --- | --- |

(17)

‘political advertisement’ means ‘advertisement’
  as defined in
  Article 2, point (3), of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising];

Amendment 19

Proposal for a regulation

Article 2 — paragraph 1 — point 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | ‘political advertising services’ means services
  within the meaning of
  Article 2 point (5) of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising. |

Text proposed by the Commission

Amendment

(18)

‘political advertising services’ means services
  within the meaning of
  Article 2 point (5) of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising.

| (18) | ‘political advertising services’ means ‘services’
  as defined in
  Article 2, point (5), of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising]. |
| --- | --- |

(18)

‘political advertising services’ means ‘services’
  as defined in
  Article 2, point (5), of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising].

Amendment 20

Proposal for a regulation

Article 3 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | it observes, in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality the rule of law
  and
  respect for human rights, including the rights of persons belonging to minorities . It provides a written declaration
  using
  the template in Annex I; |

Text proposed by the Commission

Amendment

(d)

it observes, in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality the rule of law
  and
  respect for human rights, including the rights of persons belonging to minorities . It provides a written declaration
  using
  the template in Annex I;

| (d) | it observes, in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality
  and
  the rule of law
  , as well as
  respect for human rights, including the rights of persons belonging to minorities
  , and
  it provides a written declaration
  to that effect in the form of
  the template in Annex I; |
| --- | --- |

(d)

it observes, in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality
  and
  the rule of law
  , as well as
  respect for human rights, including the rights of persons belonging to minorities
  , and
  it provides a written declaration
  to that effect in the form of
  the template in Annex I;

Amendment 21

Proposal for a regulation

Article 3 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | it
  also
  ensures that its member parties
  having
  their seat in the Union observe the values expressed in Article 2 TEU and that its member parties
  having
  their seat
  outside the Union
  observe equivalent values. It provides a written declaration
  using
  the template in Annex I; |

Text proposed by the Commission

Amendment

(e)

it
  also
  ensures that its member parties
  having
  their seat in the Union observe the values expressed in Article 2 TEU and that its member parties
  having
  their seat
  outside the Union
  observe equivalent values. It provides a written declaration
  using
  the template in Annex I;

| (e) | it ensures that its member parties
  which have
  their seat in the Union observe the values expressed in Article 2 TEU and that its member parties
  which have
  their seat
  in a third country that belongs to the Council of Europe and has full rights of representation therein
  observe equivalent values
  , and
  it provides a written declaration
  to that effect in the form of
  the template in Annex I; |
| --- | --- |

(e)

it ensures that its member parties
  which have
  their seat in the Union observe the values expressed in Article 2 TEU and that its member parties
  which have
  their seat
  in a third country that belongs to the Council of Europe and has full rights of representation therein
  observe equivalent values
  , and
  it provides a written declaration
  to that effect in the form of
  the template in Annex I;

Amendment 22

Proposal for a regulation

Article 3 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | it observes, in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities . It provides a written declaration
  using
  the template in Annex I; |

Text proposed by the Commission

Amendment

(c)

it observes, in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities . It provides a written declaration
  using
  the template in Annex I;

| (c) | it observes, in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities
  , and
  it provides a written declaration
  to that effect in the form of
  the template in Annex I; |
| --- | --- |

(c)

it observes, in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities
  , and
  it provides a written declaration
  to that effect in the form of
  the template in Annex I;

Amendment 23

Proposal for a regulation

Article 3 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | it also ensures that its member organisations
  having
  their seat in the Union observe the values expressed in Article 2 TEU and that its member organisations
  having
  their seat
  outside the Union
  observe equivalent values. It provides a written declaration
  using
  the template in Annex I; |

Text proposed by the Commission

Amendment

(d)

it also ensures that its member organisations
  having
  their seat in the Union observe the values expressed in Article 2 TEU and that its member organisations
  having
  their seat
  outside the Union
  observe equivalent values. It provides a written declaration
  using
  the template in Annex I;

| (d) | it also ensures that its member organisations
  which have
  their seat in the Union observe the values expressed in Article 2 TEU and that its member organisations
  , which have
  their seat
  in a third country that belongs to the Council of Europe and has full rights of representation therein,
  observe equivalent values
  , and
  it provides a written declaration
  to that effect in the form of
  the template in Annex I; |
| --- | --- |

(d)

it also ensures that its member organisations
  which have
  their seat in the Union observe the values expressed in Article 2 TEU and that its member organisations
  , which have
  their seat
  in a third country that belongs to the Council of Europe and has full rights of representation therein,
  observe equivalent values
  , and
  it provides a written declaration
  to that effect in the form of
  the template in Annex I;

Amendment 24

Proposal for a regulation

Article 4 — paragraph 1 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | a requirement that member parties display the European political party’s logo in a clearly visible and user-friendly manner, specifying that it is to be located in the top section of the front page of the member party’s website and in an equally visible manner as the member party’s own logo;. |

Text proposed by the Commission

Amendment

(i)

a requirement that member parties display the European political party’s logo in a clearly visible and user-friendly manner, specifying that it is to be located in the top section of the front page of the member party’s website and in an equally visible manner as the member party’s own logo;.

deleted

Amendment 131

Proposal for a regulation

Article 4 — paragraph 1 — point j

| Text proposed by the Commission | Amendment |
| --- | --- |
| (j) | its internal rules regarding gender balance. |

Text proposed by the Commission

Amendment

(j)

its internal rules regarding gender balance.

| (j) | its
  own
  internal rules regarding gender
  equality
  . |
| --- | --- |

(j)

its
  own
  internal rules regarding gender
  equality
  .

Amendment 26

Proposal for a regulation

Article 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 4a




  Transparency obligations with regard to use of logos, publication of political programme and gender balance





  1.
     
  Each European political party shall ensure that member parties publish on their websites the political programme and logo of the European political party. The European political party’s logo shall be displayed in the top section of the front page of the member party’s website, in a clearly visible manner.






  2.
     
  Each European political party and its member parties shall publish on their websites information on the gender balance among the candidates at the elections to the European Parliament that take place after ...[date of entry into force of this Regulation], along with updated information on gender representation among their Members of the European Parliament. Each European political party shall ensure that its member parties publish such information concerning their respective candidates in the European elections and concerning their Members of European Parliament on their websites. |

Text proposed by the Commission

Amendment

Article 4a

Transparency obligations with regard to use of logos, publication of political programme and gender balance

1.
     
  Each European political party shall ensure that member parties publish on their websites the political programme and logo of the European political party. The European political party’s logo shall be displayed in the top section of the front page of the member party’s website, in a clearly visible manner.

2.
     
  Each European political party and its member parties shall publish on their websites information on the gender balance among the candidates at the elections to the European Parliament that take place after ...[date of entry into force of this Regulation], along with updated information on gender representation among their Members of the European Parliament. Each European political party shall ensure that its member parties publish such information concerning their respective candidates in the European elections and concerning their Members of European Parliament on their websites.

Amendment 27

Amendment 27

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2

Article 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Each European political party shall transmit
  within five working days of the first dissemination
  to the Authority information concerning each political advertisement that it sponsors or publishes directly to enable the wider context of the political advertisement
  and its aims
  to be understood by citizens. That information shall include at least the information listed in point 1 of Annex II. | 2.   Each European political party shall transmit to the Authority information concerning each political advertisement that it sponsors or publishes directly to enable the wider context
  and objectives
  of the political advertisement to be understood by citizens. That information shall include at least the information listed in point 1 of Annex II.
  The information shall be provided to the Authority in a form which is easily accessible and which uses plain language. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Each European political party shall transmit
  within five working days of the first dissemination
  to the Authority information concerning each political advertisement that it sponsors or publishes directly to enable the wider context of the political advertisement
  and its aims
  to be understood by citizens. That information shall include at least the information listed in point 1 of Annex II.

2.   Each European political party shall transmit to the Authority information concerning each political advertisement that it sponsors or publishes directly to enable the wider context
  and objectives
  of the political advertisement to be understood by citizens. That information shall include at least the information listed in point 1 of Annex II.
  The information shall be provided to the Authority in a form which is easily accessible and which uses plain language.

Amendment 28

Amendment 28

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 3

Article 5 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Authority shall
  immediately
  publish the information referred to in paragraph 2 in the repository provided for in Article 8
  . The information shall be presented in a form which is easily accessible, clearly visible and user friendly, and using plain language
  . | 3.   The Authority shall publish the information referred to in paragraph 2 in the repository provided for in Article 8
  without undue delay
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Authority shall
  immediately
  publish the information referred to in paragraph 2 in the repository provided for in Article 8
  . The information shall be presented in a form which is easily accessible, clearly visible and user friendly, and using plain language
  .

3.   The Authority shall publish the information referred to in paragraph 2 in the repository provided for in Article 8
  without undue delay
  .

Amendment 29

Amendment 29

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 6

Article 5 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.
     
  Member States shall designate one or more national regulatory authorities competent to supervise compliance with paragraphs 1, 2 and 4 and notify the Authority thereof. Such national regulatory authorities or bodies shall exercise their powers impartially and transparently and be legally distinct from the government and functionally independent of their respective governments and of any other public or private body. The Authority shall publish on its website and keep updated a list of Member States’ national regulatory authorities. Decisions of national regulatory authorities shall be subject to effective legal remedies. Member States shall ensure that upon request of any interested party appropriate redress can be sought requiring the European Political Party to put an end to any violation of the obligations laid down in paragraphs 1, 2 or 4. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.
     
  Member States shall designate one or more national regulatory authorities competent to supervise compliance with paragraphs 1, 2 and 4 and notify the Authority thereof. Such national regulatory authorities or bodies shall exercise their powers impartially and transparently and be legally distinct from the government and functionally independent of their respective governments and of any other public or private body. The Authority shall publish on its website and keep updated a list of Member States’ national regulatory authorities. Decisions of national regulatory authorities shall be subject to effective legal remedies. Member States shall ensure that upon request of any interested party appropriate redress can be sought requiring the European Political Party to put an end to any violation of the obligations laid down in paragraphs 1, 2 or 4.

deleted

deleted

Amendment 133

Amendment 133

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point i a (new)

Article 6 — paragraph 1 — point i a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ia) | its own internal rules regarding gender equality. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ia)

(ia)

its own internal rules regarding gender equality.

its own internal rules regarding gender equality.

Amendment 134

Amendment 134

Proposal for a regulation

Proposal for a regulation

Article 6 a (new)

Article 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 6a |
| | Requirements for gender equality rules |
| | 1.
     
  Collegiate governing bodies of European political parties and European political foundations shall be gender-balanced. |
| | 2.
     
  European political parties and European political foundations shall adopt a gender equality plan including mechanisms to ensure the active participation of women in all their diversity and European political parties shall invite their member parties to do the same. |
| | 3.
     
  European political parties and European political foundations shall have a protocol to prevent, detect and combat sexual harassment and harassment on the grounds of gender. They shall ensure the independence and expertise of the experts conducting investigations and shall take appropriate measures towards perpetrators of those acts. European political parties and European political foundations shall incorporate the prohibition of acts of sexual harassment and harassment on the grounds of gender into their internal rules. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 6a

Article 6a

Requirements for gender equality rules

Requirements for gender equality rules

1.
     
  Collegiate governing bodies of European political parties and European political foundations shall be gender-balanced.

2.
     
  European political parties and European political foundations shall adopt a gender equality plan including mechanisms to ensure the active participation of women in all their diversity and European political parties shall invite their member parties to do the same.

3.
     
  European political parties and European political foundations shall have a protocol to prevent, detect and combat sexual harassment and harassment on the grounds of gender. They shall ensure the independence and expertise of the experts conducting investigations and shall take appropriate measures towards perpetrators of those acts. European political parties and European political foundations shall incorporate the prohibition of acts of sexual harassment and harassment on the grounds of gender into their internal rules.

Amendment 30

Amendment 30

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2 — subparagraph 2

Article 7 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Authority shall decide on the registration and de-registration of European political parties and European political foundations in accordance with the procedures and conditions laid down in this Regulation. In addition, the Authority shall regularly verify that the registration conditions laid down in Article 3 and the governance provisions set out in
  accordance with
  Article 4(1), points (a), (b), (d), (e)
  and (f)
  , and in Article 6(1), points (a) to (e), and (g), continue to be complied with by the registered European political parties and European political foundations. | The Authority shall decide on the registration and de-registration of European political parties and European political foundations in accordance with the procedures and conditions laid down in this Regulation. In addition, the Authority shall regularly verify that the registration conditions laid down in Article 3 and the governance provisions set out in Article 4(1), points (a), (b), (d), (e)
  , (f) and (h)
  , and in Article 6(1), points (a) to (e), and (g), continue to be complied with by the registered European political parties and European political foundations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Authority shall decide on the registration and de-registration of European political parties and European political foundations in accordance with the procedures and conditions laid down in this Regulation. In addition, the Authority shall regularly verify that the registration conditions laid down in Article 3 and the governance provisions set out in
  accordance with
  Article 4(1), points (a), (b), (d), (e)
  and (f)
  , and in Article 6(1), points (a) to (e), and (g), continue to be complied with by the registered European political parties and European political foundations.

accordance with

and (f)

The Authority shall decide on the registration and de-registration of European political parties and European political foundations in accordance with the procedures and conditions laid down in this Regulation. In addition, the Authority shall regularly verify that the registration conditions laid down in Article 3 and the governance provisions set out in Article 4(1), points (a), (b), (d), (e)
  , (f) and (h)
  , and in Article 6(1), points (a) to (e), and (g), continue to be complied with by the registered European political parties and European political foundations.

, (f) and (h)

Amendment 31

Amendment 31

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 5

Article 10 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Any amendments to the documents or statutes submitted as part of the application for registration in accordance with Article 9(2) shall be notified to the Authority
  , which
  shall update the registration
  in accordance with
  the procedures set out in Article 18(2) and (4), mutatis mutandis. | 5.   Any amendments to the documents or statutes submitted as part of the application for registration in accordance with Article 9(2) shall be notified to the Authority
  within two months
  .
  The Authority
  shall update the registration
  in the light of such amendments, applying
  the procedures set out in Article 18(2) and (4) mutatis mutandis. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Any amendments to the documents or statutes submitted as part of the application for registration in accordance with Article 9(2) shall be notified to the Authority
  , which
  shall update the registration
  in accordance with
  the procedures set out in Article 18(2) and (4), mutatis mutandis.

5.   Any amendments to the documents or statutes submitted as part of the application for registration in accordance with Article 9(2) shall be notified to the Authority
  within two months
  .
  The Authority
  shall update the registration
  in the light of such amendments, applying
  the procedures set out in Article 18(2) and (4) mutatis mutandis.

Amendment 32

Amendment 32

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 6

Article 10 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   The updated list of member parties of a European political party, annexed to the party statutes in accordance with Article 4(2), shall be sent to the Authority each year. Any changes following which the European political party might no longer satisfy the condition laid down in Article 3(1), point (b), shall be communicated to the Authority within four weeks of any such change. | 6.   The updated list of member parties of a European political party, annexed to the party statutes in accordance with Article 4(2), shall be sent to the Authority
  by 30 September
  each year. Any changes following which the European political party might no longer satisfy the condition laid down in Article 3(1), point (b), shall be communicated to the Authority within four weeks of any such change. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   The updated list of member parties of a European political party, annexed to the party statutes in accordance with Article 4(2), shall be sent to the Authority each year. Any changes following which the European political party might no longer satisfy the condition laid down in Article 3(1), point (b), shall be communicated to the Authority within four weeks of any such change.

6.   The updated list of member parties of a European political party, annexed to the party statutes in accordance with Article 4(2), shall be sent to the Authority
  by 30 September
  each year. Any changes following which the European political party might no longer satisfy the condition laid down in Article 3(1), point (b), shall be communicated to the Authority within four weeks of any such change.

Amendment 33

Amendment 33

Proposal for a regulation

Proposal for a regulation

Article 11 — title

Article 11 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Verification of compliance with registration conditions and requirements | Verification of compliance with registration conditions and requirements
  and examination of grounds of removal from the Register by the Authority |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Verification of compliance with registration conditions and requirements

Verification of compliance with registration conditions and requirements
  and examination of grounds of removal from the Register by the Authority

and examination of grounds of removal from the Register by the Authority

Amendment 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1

Article 11 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Without prejudice to the procedure laid down in
  paragraph 3 of this
  Article, the Authority shall regularly verify that the conditions for registration laid down in Article 3, and the governance provisions set out in Article 4(1), points (a), (b), (d), (e)
  and (f)
  , and Article 6(1), points (a) to (e) and (g) , continue to be complied with by registered European political parties and European political foundations. | 1.   Without prejudice to the procedure laid down in Article
  11a
  , the Authority shall regularly verify that the conditions for registration laid down in Article 3, and the governance provisions set out in Article 4(1), points (a), (b), (d), (e)
  , (f) and (h)
  , and
  in
  Article 6(1), points (a) to (e) and (g), continue to be complied with by registered European political parties and European political foundations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Without prejudice to the procedure laid down in
  paragraph 3 of this
  Article, the Authority shall regularly verify that the conditions for registration laid down in Article 3, and the governance provisions set out in Article 4(1), points (a), (b), (d), (e)
  and (f)
  , and Article 6(1), points (a) to (e) and (g) , continue to be complied with by registered European political parties and European political foundations.

1.   Without prejudice to the procedure laid down in Article
  11a
  , the Authority shall regularly verify that the conditions for registration laid down in Article 3, and the governance provisions set out in Article 4(1), points (a), (b), (d), (e)
  , (f) and (h)
  , and
  in
  Article 6(1), points (a) to (e) and (g), continue to be complied with by registered European political parties and European political foundations.

Amendment 35

Amendment 35

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2

Article 11 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   
  If
  the Authority
  finds that any
  of the
  conditions for registration or governance provisions referred to in paragraph 1, with the exception of the conditions in
  Article
  3(1)
  , point
  (d), and Article 3(2), point (c), are no longer complied with, it shall notify the
  European political party or foundation concerned. | 2.   
  Where, following a verification conducted under paragraph 1 of this Article,
  the Authority
  considers that one
  of the
  grounds for deregistration under
  Article
  19(1)
  , point
  (a)(i) or (ii), might apply to a
  European political party or
  European political
  foundation, the Authority shall, without undue delay, inform the European political party or European political foundation concerned thereof. |
| | Where the Authority has knowledge of circumstances indicating that one of the grounds for deregistration under Article 19(1), point (a), or under Article 19(2) might apply to a European political party or European political foundation, the Authority shall without undue delay inform the European political party or European political foundation concerned thereof. |
| | When informing a European political party or European political foundation in accordance with the first or second subparagraph
  , the Authority shall invite that
  European political party or European political foundation to submit its observations within one month from receipt of the information concerned
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   
  If
  the Authority
  finds that any
  of the
  conditions for registration or governance provisions referred to in paragraph 1, with the exception of the conditions in
  Article
  3(1)
  , point
  (d), and Article 3(2), point (c), are no longer complied with, it shall notify the
  European political party or foundation concerned.

2.   
  Where, following a verification conducted under paragraph 1 of this Article,
  the Authority
  considers that one
  of the
  grounds for deregistration under
  Article
  19(1)
  , point
  (a)(i) or (ii), might apply to a
  European political party or
  European political
  foundation, the Authority shall, without undue delay, inform the European political party or European political foundation concerned thereof.

Where the Authority has knowledge of circumstances indicating that one of the grounds for deregistration under Article 19(1), point (a), or under Article 19(2) might apply to a European political party or European political foundation, the Authority shall without undue delay inform the European political party or European political foundation concerned thereof.

Where the Authority has knowledge of circumstances indicating that one of the grounds for deregistration under Article 19(1), point (a), or under Article 19(2) might apply to a European political party or European political foundation, the Authority shall without undue delay inform the European political party or European political foundation concerned thereof.

When informing a European political party or European political foundation in accordance with the first or second subparagraph
  , the Authority shall invite that
  European political party or European political foundation to submit its observations within one month from receipt of the information concerned
  .

When informing a European political party or European political foundation in accordance with the first or second subparagraph

European political party or European political foundation to submit its observations within one month from receipt of the information concerned

Amendment 36

Amendment 36

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 3 — subparagraph 1

Article 11 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   
  1 The European Parliament, acting on its own initiative or following a reasoned request from a group of citizens, submitted in accordance with the relevant
  provisions
  of its Rules of Procedure
  ,
  or the Council or the Commission may lodge with
  the Authority
  a request for verification of compliance by a specific
  European political party or European political foundation
  with the conditions laid down in Article 3(1), point (d), and Article 3(2), point (c) . In such cases, and in the cases referred to in Article 19(3), point (a),
  the Authority
  shall ask the committee of independent eminent persons referred to in Article 14 for an opinion on the subject. The committee shall give its opinion within two months
  . | 3.   
  In the event of non-compliance with Article 3(1), point (c), (f) or (g), Article 3(2), point (e), (f) or (g), or the governance
  provisions
  referred to in paragraph 1 of this Article
  , the Authority
  shall give the
  European political party or European political foundation
  concerned the opportunity to introduce the measures required to remedy the situation within the deadline provided for by paragraph 2 of this Article. The deadline may be extended by
  the Authority
  upon the reasoned request of the European political party or European political foundation concerned if and in so far as such an extension is necessary and appropriate with regard to the corrective measures envisaged by the European political party or European political foundation
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   
  1 The European Parliament, acting on its own initiative or following a reasoned request from a group of citizens, submitted in accordance with the relevant
  provisions
  of its Rules of Procedure
  ,
  or the Council or the Commission may lodge with
  the Authority
  a request for verification of compliance by a specific
  European political party or European political foundation
  with the conditions laid down in Article 3(1), point (d), and Article 3(2), point (c) . In such cases, and in the cases referred to in Article 19(3), point (a),
  the Authority
  shall ask the committee of independent eminent persons referred to in Article 14 for an opinion on the subject. The committee shall give its opinion within two months
  .

3.   
  In the event of non-compliance with Article 3(1), point (c), (f) or (g), Article 3(2), point (e), (f) or (g), or the governance
  provisions
  referred to in paragraph 1 of this Article
  , the Authority
  shall give the
  European political party or European political foundation
  concerned the opportunity to introduce the measures required to remedy the situation within the deadline provided for by paragraph 2 of this Article. The deadline may be extended by
  the Authority
  upon the reasoned request of the European political party or European political foundation concerned if and in so far as such an extension is necessary and appropriate with regard to the corrective measures envisaged by the European political party or European political foundation
  .

Amendment 37

Amendment 37

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 3 — subparagraph 2

Article 11 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where the Authority becomes aware of facts which may give rise to doubts concerning compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), point (d), and Article 3(2), point (c), it shall inform the European Parliament, the Council and the Commission with a view to allowing any of them to lodge a request for verification as referred to in the first subparagraph. Without prejudice to the first subparagraph, the European Parliament, the Council and the Commission shall indicate their intention within two months of receiving that information. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where the Authority becomes aware of facts which may give rise to doubts concerning compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), point (d), and Article 3(2), point (c), it shall inform the European Parliament, the Council and the Commission with a view to allowing any of them to lodge a request for verification as referred to in the first subparagraph. Without prejudice to the first subparagraph, the European Parliament, the Council and the Commission shall indicate their intention within two months of receiving that information.

Where the Authority becomes aware of facts which may give rise to doubts concerning compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), point (d), and Article 3(2), point (c), it shall inform the European Parliament, the Council and the Commission with a view to allowing any of them to lodge a request for verification as referred to in the first subparagraph. Without prejudice to the first subparagraph, the European Parliament, the Council and the Commission shall indicate their intention within two months of receiving that information.

deleted

deleted

Amendment 38

Amendment 38

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 3 — subparagraph 3

Article 11 — paragraph 3 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The procedures laid down in the first and second subparagraphs shall not be initiated within a period of two months prior to elections to the European Parliament. That time limit shall not apply with regard to the procedure set out in Article 12. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The procedures laid down in the first and second subparagraphs shall not be initiated within a period of two months prior to elections to the European Parliament. That time limit shall not apply with regard to the procedure set out in Article 12.

The procedures laid down in the first and second subparagraphs shall not be initiated within a period of two months prior to elections to the European Parliament. That time limit shall not apply with regard to the procedure set out in Article 12.

deleted

deleted

Amendment 39

Amendment 39

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 3 — subparagraph 4

Article 11 — paragraph 3 — subparagraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| Having regard to the committee's opinion, the Authority shall decide whether to de-register the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Having regard to the committee's opinion, the Authority shall decide whether to de-register the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned.

Having regard to the committee's opinion, the Authority shall decide whether to de-register the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned.

deleted

deleted

Amendment 40

Amendment 40

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 3 — subparagraph 5

Article 11 — paragraph 3 — subparagraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| A decision of the Authority to de-register on grounds of non-compliance with the conditions set out in Article 3(1), point (d), or Article 3(2), point (c), may only be adopted in the event of manifest and serious breach of those conditions. It shall be subject to the procedure set out in paragraph 4. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A decision of the Authority to de-register on grounds of non-compliance with the conditions set out in Article 3(1), point (d), or Article 3(2), point (c), may only be adopted in the event of manifest and serious breach of those conditions. It shall be subject to the procedure set out in paragraph 4.

A decision of the Authority to de-register on grounds of non-compliance with the conditions set out in Article 3(1), point (d), or Article 3(2), point (c), may only be adopted in the event of manifest and serious breach of those conditions. It shall be subject to the procedure set out in paragraph 4.

deleted

deleted

Amendment 41

Amendment 41

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 4 — subparagraph 1

Article 11 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   
  A decision of the Authority to de-register a European political party or foundation on the ground of a manifest and serious breach as regards compliance with the conditions set out in Article 3(1), point (d), or Article 3(2), point (c), shall be communicated to the European Parliament and the Council. The decision shall enter into force only if no objection is expressed by the European Parliament and the Council within a period of three months of the communication of the decision 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 Authority that they will not object. In the event of an objection by the European Parliament and by the Council,
  the European political party or foundation shall
  remain registered
  . | 4.   
  Upon
  the expiry of
  the periods referred to in paragraphs 2 and 3, or upon receipt of any observations or information concerning corrective measures from
  the European political party or
  European political
  foundation
  concerned within that period, the Authority
  shall
  , without undue delay and in the light of any such observations submitted by the European political party or European political foundation, assess whether any of the grounds for deregistration under Article 19(1), point (a), or under Article 19(2), apply to the European political party or European political foundation
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   
  A decision of the Authority to de-register a European political party or foundation on the ground of a manifest and serious breach as regards compliance with the conditions set out in Article 3(1), point (d), or Article 3(2), point (c), shall be communicated to the European Parliament and the Council. The decision shall enter into force only if no objection is expressed by the European Parliament and the Council within a period of three months of the communication of the decision 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 Authority that they will not object. In the event of an objection by the European Parliament and by the Council,
  the European political party or foundation shall
  remain registered
  .

4.   
  Upon
  the expiry of
  the periods referred to in paragraphs 2 and 3, or upon receipt of any observations or information concerning corrective measures from
  the European political party or
  European political
  foundation
  concerned within that period, the Authority
  shall
  , without undue delay and in the light of any such observations submitted by the European political party or European political foundation, assess whether any of the grounds for deregistration under Article 19(1), point (a), or under Article 19(2), apply to the European political party or European political foundation
  .

Amendment 42

Amendment 42

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 4 — subparagraph 2

Article 11 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The European Parliament and the Council may object to the decision only on grounds related to the assessment of compliance with the conditions for registration set out of Article 3(1), point (d), and Article 3(2), point (c). | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The European Parliament and the Council may object to the decision only on grounds related to the assessment of compliance with the conditions for registration set out of Article 3(1), point (d), and Article 3(2), point (c).

The European Parliament and the Council may object to the decision only on grounds related to the assessment of compliance with the conditions for registration set out of Article 3(1), point (d), and Article 3(2), point (c).

deleted

deleted

Amendment 43

Amendment 43

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 4 — subparagraph 3

Article 11 — paragraph 4 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The European political party or European political foundation concerned shall be informed that objections have been raised to the decision of the Authority to de-register it. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The European political party or European political foundation concerned shall be informed that objections have been raised to the decision of the Authority to de-register it.

The European political party or European political foundation concerned shall be informed that objections have been raised to the decision of the Authority to de-register it.

deleted

deleted

Amendment 44

Amendment 44

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 4 — subparagraph 4

Article 11 — paragraph 4 — subparagraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| The European Parliament and the Council shall adopt a position in accordance with their respective decision-making rules as established in conformity with the Treaties. Any objection shall be duly reasoned and shall be made public. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The European Parliament and the Council shall adopt a position in accordance with their respective decision-making rules as established in conformity with the Treaties. Any objection shall be duly reasoned and shall be made public.

The European Parliament and the Council shall adopt a position in accordance with their respective decision-making rules as established in conformity with the Treaties. Any objection shall be duly reasoned and shall be made public.

deleted

deleted

Amendment 45

Amendment 45

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 5

Article 11 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.
     
  A decision of the Authority to de-register a European political party or a European political foundation, to which no objections have been raised under the procedure laid down in paragraph 4, together with the detailed grounds for de-registration, shall be notified to the European political party or foundation concerned and published in the Official Journal of the European Union. The decision shall take effect upon notification in accordance with Article 297 TFEU . | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.
     
  A decision of the Authority to de-register a European political party or a European political foundation, to which no objections have been raised under the procedure laid down in paragraph 4, together with the detailed grounds for de-registration, shall be notified to the European political party or foundation concerned and published in the Official Journal of the European Union. The decision shall take effect upon notification in accordance with Article 297 TFEU .

deleted

deleted

Amendment 46

Amendment 46

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 6

Article 11 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.
     
  A European political foundation shall automatically forfeit its status as such if the European political party with which it is affiliated is removed from the Register. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.
     
  A European political foundation shall automatically forfeit its status as such if the European political party with which it is affiliated is removed from the Register.

deleted

deleted

Amendment 47

Amendment 47

Proposal for a regulation

Proposal for a regulation

Article 11 a (new)

Article 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 11a |
| | Verification of the registration conditions relating to the values upon which the Union is founded |
| | 1.
     
  The European Parliament, acting on its own initiative or following a reasoned request from a group of citizens, submitted in accordance with the relevant provisions of its Rules of Procedure, or the Council or the Commission, may lodge with the Authority a request to verify whether a specific European political party or European political foundation complies with the conditions laid down in Article 3(1), points (d) and (e), and Article 3(2), points (c) and (d). In such cases, and in the cases referred to in Article 11b(2), the Authority shall inform the European political party or European political foundation concerned without undue delay, invite it to submit its observations and give it the opportunity to introduce measures to remedy the situation within one month. |
| | The period may be extended by the Authority upon the reasoned request of the European political party or European political foundation concerned if an extension is necessary and appropriate with regard to the corrective measures envisaged by the European political party or European political foundation. |
| | Upon the expiry of the period mentioned in the first and second subparagraphs or upon receipt of any observations and information concerning corrective measures from the European political party or European political foundation concerned within that period, the Authority shall submit the observations made by the European political party or European political foundation concerned and, where applicable, the description of the corrective measures taken by that party or foundation to the committee of independent eminent persons referred to in Article 14, and shall ask this committee for an opinion on the subject. The committee shall give its opinion within two months. |
| | Where facts which cast doubt on the compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), points (d) and (e), and Article 3(2), points (c) and (d), come to the attention of the Authority, the Authority shall inform the European Parliament, the Council and the Commission with a view to allowing any of them to lodge a request for verification as referred to in the first subparagraph. Without prejudice to the first subparagraph, the European Parliament, the Council and the Commission shall declare their intention to lodge a request for verification within two months of receiving that information. |
| | 2.
     
  The procedures laid down in paragraph 1 shall not be initiated within a period of two months prior to elections to the European Parliament. |
| | 3.
     
  The Authority shall decide whether to deregister the European political party or European political foundation concerned, taking into account the opinion of the committee of independent eminent persons referred to in Article 14. The decision of the Authority shall be duly reasoned. |
| | 4.
     
  A decision of the Authority to deregister on grounds of non-compliance with the conditions set out in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d), shall only be adopted in the event of a manifest and serious breach of those conditions. The decision shall be subject to the procedure set out in paragraph 5. |
| | 5.
     
  A decision of the Authority to deregister a European political party or European political foundation on the ground of a manifest and serious breach of the conditions set out in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d), shall be communicated to the European Parliament and the Council. The decision shall enter into force only if no objection is made by the European Parliament and the Council within a period of three months of the communication of the decision to them or if, before the expiry of that period, the European Parliament and the Council have both informed the Authority that they will not object. In the event of an objection by the European Parliament and by the Council, the European political party or European political foundation shall remain registered. |
| | 6.
     
  The European Parliament and the Council may only object to a decision of the Authority to deregister a European political party or European political foundation on grounds related to the assessment of compliance with the conditions for registration set out in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d). |
| | 7.
     
  Where an objection has been raised to a decision of the Authority to deregister a European political party or European political foundation, the European political party or European political foundation concerned shall be informed by the Authority of such objection. |
| | 8.
     
  The European Parliament and the Council shall adopt a position in accordance with their respective decision-making rules established in conformity with the Treaties. Any objection raised to a decision of the Authority to deregister a European political party or European political foundation shall be duly reasoned, and shall be made public. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 11a

Article 11a

Verification of the registration conditions relating to the values upon which the Union is founded

Verification of the registration conditions relating to the values upon which the Union is founded

1.
     
  The European Parliament, acting on its own initiative or following a reasoned request from a group of citizens, submitted in accordance with the relevant provisions of its Rules of Procedure, or the Council or the Commission, may lodge with the Authority a request to verify whether a specific European political party or European political foundation complies with the conditions laid down in Article 3(1), points (d) and (e), and Article 3(2), points (c) and (d). In such cases, and in the cases referred to in Article 11b(2), the Authority shall inform the European political party or European political foundation concerned without undue delay, invite it to submit its observations and give it the opportunity to introduce measures to remedy the situation within one month.

The period may be extended by the Authority upon the reasoned request of the European political party or European political foundation concerned if an extension is necessary and appropriate with regard to the corrective measures envisaged by the European political party or European political foundation.

The period may be extended by the Authority upon the reasoned request of the European political party or European political foundation concerned if an extension is necessary and appropriate with regard to the corrective measures envisaged by the European political party or European political foundation.

Upon the expiry of the period mentioned in the first and second subparagraphs or upon receipt of any observations and information concerning corrective measures from the European political party or European political foundation concerned within that period, the Authority shall submit the observations made by the European political party or European political foundation concerned and, where applicable, the description of the corrective measures taken by that party or foundation to the committee of independent eminent persons referred to in Article 14, and shall ask this committee for an opinion on the subject. The committee shall give its opinion within two months.

Upon the expiry of the period mentioned in the first and second subparagraphs or upon receipt of any observations and information concerning corrective measures from the European political party or European political foundation concerned within that period, the Authority shall submit the observations made by the European political party or European political foundation concerned and, where applicable, the description of the corrective measures taken by that party or foundation to the committee of independent eminent persons referred to in Article 14, and shall ask this committee for an opinion on the subject. The committee shall give its opinion within two months.

Where facts which cast doubt on the compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), points (d) and (e), and Article 3(2), points (c) and (d), come to the attention of the Authority, the Authority shall inform the European Parliament, the Council and the Commission with a view to allowing any of them to lodge a request for verification as referred to in the first subparagraph. Without prejudice to the first subparagraph, the European Parliament, the Council and the Commission shall declare their intention to lodge a request for verification within two months of receiving that information.

Where facts which cast doubt on the compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), points (d) and (e), and Article 3(2), points (c) and (d), come to the attention of the Authority, the Authority shall inform the European Parliament, the Council and the Commission with a view to allowing any of them to lodge a request for verification as referred to in the first subparagraph. Without prejudice to the first subparagraph, the European Parliament, the Council and the Commission shall declare their intention to lodge a request for verification within two months of receiving that information.

2.
     
  The procedures laid down in paragraph 1 shall not be initiated within a period of two months prior to elections to the European Parliament.

3.
     
  The Authority shall decide whether to deregister the European political party or European political foundation concerned, taking into account the opinion of the committee of independent eminent persons referred to in Article 14. The decision of the Authority shall be duly reasoned.

4.
     
  A decision of the Authority to deregister on grounds of non-compliance with the conditions set out in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d), shall only be adopted in the event of a manifest and serious breach of those conditions. The decision shall be subject to the procedure set out in paragraph 5.

5.
     
  A decision of the Authority to deregister a European political party or European political foundation on the ground of a manifest and serious breach of the conditions set out in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d), shall be communicated to the European Parliament and the Council. The decision shall enter into force only if no objection is made by the European Parliament and the Council within a period of three months of the communication of the decision to them or if, before the expiry of that period, the European Parliament and the Council have both informed the Authority that they will not object. In the event of an objection by the European Parliament and by the Council, the European political party or European political foundation shall remain registered.

6.
     
  The European Parliament and the Council may only object to a decision of the Authority to deregister a European political party or European political foundation on grounds related to the assessment of compliance with the conditions for registration set out in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d).

7.
     
  Where an objection has been raised to a decision of the Authority to deregister a European political party or European political foundation, the European political party or European political foundation concerned shall be informed by the Authority of such objection.

8.
     
  The European Parliament and the Council shall adopt a position in accordance with their respective decision-making rules established in conformity with the Treaties. Any objection raised to a decision of the Authority to deregister a European political party or European political foundation shall be duly reasoned, and shall be made public.

Amendment 48

Amendment 48

Proposal for a regulation

Proposal for a regulation

Article 11 b (new)

Article 11 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 11b |
| | Verification of obligations under national law |
| | 1.
     
  If a European political party or a European political foundation has failed to fulfil relevant obligations under national law applicable pursuant to Article 17(2), first subparagraph, and if, in the light of the freedom of association enshrined in Article 12 of the Charter and the need to ensure pluralism of political parties in Europe, that failure is serious enough to justify its deregistration, the Member State of the seat of the European political party or European political foundation may address a request for deregistration to the Authority. That request shall be duly reasoned. In particular, it shall identify precisely and exhaustively the illegal actions and the specific national requirements that have not been complied with. |
| | If the subject matter of the Member States’ request relates exclusively or predominantly to elements affecting respect for the values upon which the Union is founded, enshrined in Article 2 TEU, the Authority shall initiate a verification procedure in accordance with Article 11a. |
| | For any other matter, where, in its request pursuant to the first subparagraph, the Member State confirms that an effective remedy against such a request exists at national level and all remedies concerning such a request have been exhausted, the Authority shall, after hearing the representative of the European political party or European political foundation concerned, assess whether the deregistration ground under Article 19(1), point (d), applies to the European political party or European political foundation concerned. |
| | 2.
     
  If a European political party or a European political foundation has seriously failed to fulfil relevant obligations under national law applicable pursuant to Article 17(2), second subparagraph, and if the matter relates exclusively or predominantly to elements affecting respect for the values upon which the Union is founded, enshrined in Article 2 TEU, the Member State concerned may address a request to the Authority in accordance with the provisions of paragraph 1, first subparagraph. The Authority shall proceed in accordance with paragraph 1, second subparagraph. |
| | 3.
     
  In all cases, the Authority shall act without undue delay. The Authority shall inform the Member State concerned and the European political party or European political foundation concerned of the effect that was given to the reasoned request for deregistration. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 11b

Article 11b

Verification of obligations under national law

Verification of obligations under national law

1.
     
  If a European political party or a European political foundation has failed to fulfil relevant obligations under national law applicable pursuant to Article 17(2), first subparagraph, and if, in the light of the freedom of association enshrined in Article 12 of the Charter and the need to ensure pluralism of political parties in Europe, that failure is serious enough to justify its deregistration, the Member State of the seat of the European political party or European political foundation may address a request for deregistration to the Authority. That request shall be duly reasoned. In particular, it shall identify precisely and exhaustively the illegal actions and the specific national requirements that have not been complied with.

If the subject matter of the Member States’ request relates exclusively or predominantly to elements affecting respect for the values upon which the Union is founded, enshrined in Article 2 TEU, the Authority shall initiate a verification procedure in accordance with Article 11a.

If the subject matter of the Member States’ request relates exclusively or predominantly to elements affecting respect for the values upon which the Union is founded, enshrined in Article 2 TEU, the Authority shall initiate a verification procedure in accordance with Article 11a.

For any other matter, where, in its request pursuant to the first subparagraph, the Member State confirms that an effective remedy against such a request exists at national level and all remedies concerning such a request have been exhausted, the Authority shall, after hearing the representative of the European political party or European political foundation concerned, assess whether the deregistration ground under Article 19(1), point (d), applies to the European political party or European political foundation concerned.

For any other matter, where, in its request pursuant to the first subparagraph, the Member State confirms that an effective remedy against such a request exists at national level and all remedies concerning such a request have been exhausted, the Authority shall, after hearing the representative of the European political party or European political foundation concerned, assess whether the deregistration ground under Article 19(1), point (d), applies to the European political party or European political foundation concerned.

2.
     
  If a European political party or a European political foundation has seriously failed to fulfil relevant obligations under national law applicable pursuant to Article 17(2), second subparagraph, and if the matter relates exclusively or predominantly to elements affecting respect for the values upon which the Union is founded, enshrined in Article 2 TEU, the Member State concerned may address a request to the Authority in accordance with the provisions of paragraph 1, first subparagraph. The Authority shall proceed in accordance with paragraph 1, second subparagraph.

3.
     
  In all cases, the Authority shall act without undue delay. The Authority shall inform the Member State concerned and the European political party or European political foundation concerned of the effect that was given to the reasoned request for deregistration.

Amendment 49

Amendment 49

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2

Article 12 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   
  If
  the Authority
  is
  informed of
  a
  decision
  of a
  national supervisory authority
  within the meaning of
  Article 4, point (21), of Regulation (EU) 2016/679 finding that a natural or legal person has infringed applicable rules on the protection of personal data, and if it follows from that decision, or if there are otherwise reasonable grounds to believe, that the infringement is linked to political activities by a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons referred to in Article 14 of this Regulation. The Authority may, if necessary, liaise with the
  national
  supervisory authority concerned. | 2.   The Authority
  shall be
  informed of
  any
  decision
  at
  national
  level of a
  supervisory authority
  as defined in
  Article 4, point (21), of Regulation (EU) 2016/679 finding that a natural or legal person has infringed applicable rules on the protection of personal data, and if it follows from that decision, or if there are otherwise reasonable grounds to believe, that the infringement is linked to political activities by a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons referred to in Article 14 of this Regulation. The Authority may, if necessary, liaise with the supervisory authority concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   
  If
  the Authority
  is
  informed of
  a
  decision
  of a
  national supervisory authority
  within the meaning of
  Article 4, point (21), of Regulation (EU) 2016/679 finding that a natural or legal person has infringed applicable rules on the protection of personal data, and if it follows from that decision, or if there are otherwise reasonable grounds to believe, that the infringement is linked to political activities by a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons referred to in Article 14 of this Regulation. The Authority may, if necessary, liaise with the
  national
  supervisory authority concerned.

2.   The Authority
  shall be
  informed of
  any
  decision
  at
  national
  level of a
  supervisory authority
  as defined in
  Article 4, point (21), of Regulation (EU) 2016/679 finding that a natural or legal person has infringed applicable rules on the protection of personal data, and if it follows from that decision, or if there are otherwise reasonable grounds to believe, that the infringement is linked to political activities by a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons referred to in Article 14 of this Regulation. The Authority may, if necessary, liaise with the supervisory authority concerned.

Amendment 50

Amendment 50

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 4

Article 12 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Having regard to the committee's opinion, the Authority shall decide, pursuant to Article
  30(2)
  , point (a)(vii), whether to impose financial sanctions on the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned, in particular with regard to the committee's opinion, and shall be published expeditiously. | 4.   Having regard to the committee's opinion, the Authority shall decide, pursuant to Article
  30(1)
  , point (a)(vii), whether to impose financial sanctions on the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned, in particular with regard to the committee's opinion, and shall be published expeditiously. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Having regard to the committee's opinion, the Authority shall decide, pursuant to Article
  30(2)
  , point (a)(vii), whether to impose financial sanctions on the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned, in particular with regard to the committee's opinion, and shall be published expeditiously.

4.   Having regard to the committee's opinion, the Authority shall decide, pursuant to Article
  30(1)
  , point (a)(vii), whether to impose financial sanctions on the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned, in particular with regard to the committee's opinion, and shall be published expeditiously.

Amendment 51

Amendment 51

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 5

Article 12 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The procedure set out in this Article is without prejudice to the procedure set out in
  Article
  11. | 5.   The procedure set out in this Article is without prejudice to the procedure set out in
  Articles
  11
  , 11a and 11b
  .
  The period referred to in Article 11a(2) shall not apply to the procedure set out in this Article. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The procedure set out in this Article is without prejudice to the procedure set out in
  Article
  11.

5.   The procedure set out in this Article is without prejudice to the procedure set out in
  Articles
  11
  , 11a and 11b
  .
  The period referred to in Article 11a(2) shall not apply to the procedure set out in this Article.

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 1

Article 13 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Authority shall annually prepare and publish a report on the political advertising activity of European political parties. This report shall include
  a factual summary of
  the reports for the relevant reporting year published by European political parties
  according to
  Article 5(4),
  as well as any decisions of the national regulatory authorities designated under Article 5(6) or of the supervisory authorities referred to in Article 5(7) finding that a European political party has violated Article 5 of this Regulation. | The Authority shall annually prepare and publish a report on the political advertising activity of European political parties. This report shall include the reports for the relevant reporting year published by European political parties
  in accordance with
  Article 5(4). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Authority shall annually prepare and publish a report on the political advertising activity of European political parties. This report shall include
  a factual summary of
  the reports for the relevant reporting year published by European political parties
  according to
  Article 5(4),
  as well as any decisions of the national regulatory authorities designated under Article 5(6) or of the supervisory authorities referred to in Article 5(7) finding that a European political party has violated Article 5 of this Regulation.

a factual summary of

according to

as well as any decisions of the national regulatory authorities designated under Article 5(6) or of the supervisory authorities referred to in Article 5(7) finding that a European political party has violated Article 5 of this Regulation.

The Authority shall annually prepare and publish a report on the political advertising activity of European political parties. This report shall include the reports for the relevant reporting year published by European political parties
  in accordance with
  Article 5(4).

in accordance with

Amendment 53

Amendment 53

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 1

Article 19 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   A European political party or a European political foundation shall lose its European legal personality upon
  the notification of
  a decision
  pursuant to Article 11(5) . | 1.   A European political party or a European political foundation shall lose its European legal personality upon
  its removal from the Register by
  a decision
  of the Authority: |
| | (a) | if, in the context of the procedure laid down in Article 11, the Authority finds that |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   A European political party or a European political foundation shall lose its European legal personality upon
  the notification of
  a decision
  pursuant to Article 11(5) .

1.   A European political party or a European political foundation shall lose its European legal personality upon
  its removal from the Register by
  a decision
  of the Authority:

(a)

(a)

if, in the context of the procedure laid down in Article 11, the Authority finds that

if, in the context of the procedure laid down in Article 11, the Authority finds that

| | (i) | one of the conditions for registration laid down in Article 3(1), point (a),(b), (c), (f) or (g), or in Article 3(2), point (a), (b), (e), (f) or (g), is not complied with by the European political party or European political foundation in question; |
| --- | --- | --- |

(i)

(i)

one of the conditions for registration laid down in Article 3(1), point (a),(b), (c), (f) or (g), or in Article 3(2), point (a), (b), (e), (f) or (g), is not complied with by the European political party or European political foundation in question;

one of the conditions for registration laid down in Article 3(1), point (a),(b), (c), (f) or (g), or in Article 3(2), point (a), (b), (e), (f) or (g), is not complied with by the European political party or European political foundation in question;

| | (ii) | one of the governance provisions set out in Article 4(1), point (a), (b), (d), (e), (f), (h), or (i), or in Article 6(1), points (a) to (e) or (g), is not complied with by the European political party or European political foundation in question; |
| --- | --- | --- |

(ii)

(ii)

one of the governance provisions set out in Article 4(1), point (a), (b), (d), (e), (f), (h), or (i), or in Article 6(1), points (a) to (e) or (g), is not complied with by the European political party or European political foundation in question;

one of the governance provisions set out in Article 4(1), point (a), (b), (d), (e), (f), (h), or (i), or in Article 6(1), points (a) to (e) or (g), is not complied with by the European political party or European political foundation in question;

| | (iii) | the European political party or European political foundation in question is in one of the exclusion situations referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046; |
| --- | --- | --- |

(iii)

(iii)

the European political party or European political foundation in question is in one of the exclusion situations referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046;

the European political party or European political foundation in question is in one of the exclusion situations referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046;

| | (iv) | the decision to register the European political party or European political foundation in question is based on information of a decisive nature for the registration decision that was incorrect or misleading or the decision was obtained by deceit; |
| --- | --- | --- |

(iv)

(iv)

the decision to register the European political party or European political foundation in question is based on information of a decisive nature for the registration decision that was incorrect or misleading or the decision was obtained by deceit;

the decision to register the European political party or European political foundation in question is based on information of a decisive nature for the registration decision that was incorrect or misleading or the decision was obtained by deceit;

| (b) | if, in the context of the procedure laid down in Article 11a, the Authority finds that the conditions for registration laid down in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d), concerning respect for the values enshrined in Article 2 TEU, have been manifestly and seriously breached by the European political party in question, or by its member parties, or by the European political foundation in question, or by its member organisations; |
| --- | --- |

(b)

(b)

if, in the context of the procedure laid down in Article 11a, the Authority finds that the conditions for registration laid down in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d), concerning respect for the values enshrined in Article 2 TEU, have been manifestly and seriously breached by the European political party in question, or by its member parties, or by the European political foundation in question, or by its member organisations;

if, in the context of the procedure laid down in Article 11a, the Authority finds that the conditions for registration laid down in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d), concerning respect for the values enshrined in Article 2 TEU, have been manifestly and seriously breached by the European political party in question, or by its member parties, or by the European political foundation in question, or by its member organisations;

| (c) | at the request of the European political party or European political foundation concerned; or |
| --- | --- |

(c)

(c)

at the request of the European political party or European political foundation concerned; or

at the request of the European political party or European political foundation concerned; or

| (d) | at the request of a Member State that fulfils the requirements laid down in Article 11b(1) and (3). |
| --- | --- |

(d)

(d)

at the request of a Member State that fulfils the requirements laid down in Article 11b(1) and (3).

at the request of a Member State that fulfils the requirements laid down in Article 11b(1) and (3).

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 2

Article 19 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   A European political party
  or
  a European political foundation
  shall be removed
  from the Register
  by a decision of the Authority: | 2.   
  If the Authority decides to remove
  a European political party
  from the Register, it shall also remove
  a European political foundation
  affiliated to it
  from the Register. |
| (a) | as a consequence of a decision adopted pursuant to Article 11(2) to (5); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   A European political party
  or
  a European political foundation
  shall be removed
  from the Register
  by a decision of the Authority:

2.   
  If the Authority decides to remove
  a European political party
  from the Register, it shall also remove
  a European political foundation
  affiliated to it
  from the Register.

(a)

(a)

as a consequence of a decision adopted pursuant to Article 11(2) to (5);

as a consequence of a decision adopted pursuant to Article 11(2) to (5);

| (b) | in the circumstances provided for in Article 11(6); |
| --- | --- |

(b)

(b)

in the circumstances provided for in Article 11(6);

in the circumstances provided for in Article 11(6);

| (c) | at the request of the European political party or European political foundation concerned; |
| --- | --- |

(c)

(c)

at the request of the European political party or European political foundation concerned;

at the request of the European political party or European political foundation concerned;

| (d) | in the cases referred to in paragraph 3, first subparagraph, point (b), . |
| --- | --- |

(d)

(d)

in the cases referred to in paragraph 3, first subparagraph, point (b), .

in the cases referred to in paragraph 3, first subparagraph, point (b), .

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 3

Article 19 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   
  If a
  European political party or
  a
  European political foundation
  has seriously failed to fulfil relevant obligations under national law applicable by virtue of the first subparagraph of Article 17(2), the Member State of the seat may address to the Authority a duly reasoned request for de-registration which
  shall
  identify precisely and exhaustively the illegal actions and the specific national requirements that have not been complied with
  .
  In such cases, the Authority shall | 3.   
  The Authority’s decision to remove a European political party or European political foundation from the Register shall be addressed, and notified, to the
  European political party or European political foundation
  concerned. The decision
  shall
  be published in the Official Journal of the European Union
  . |
| (a) | for matters relating exclusively or predominantly to elements affecting respect for the values on which the Union is founded, as expressed in Article 2 TEU, initiate a verification procedure in accordance with Article 11(3) of this Regulation . Article 11(4), (5) and (6) of this Regulation shall also apply; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   
  If a
  European political party or
  a
  European political foundation
  has seriously failed to fulfil relevant obligations under national law applicable by virtue of the first subparagraph of Article 17(2), the Member State of the seat may address to the Authority a duly reasoned request for de-registration which
  shall
  identify precisely and exhaustively the illegal actions and the specific national requirements that have not been complied with
  .
  In such cases, the Authority shall

3.   
  The Authority’s decision to remove a European political party or European political foundation from the Register shall be addressed, and notified, to the
  European political party or European political foundation
  concerned. The decision
  shall
  be published in the Official Journal of the European Union
  .

(a)

(a)

for matters relating exclusively or predominantly to elements affecting respect for the values on which the Union is founded, as expressed in Article 2 TEU, initiate a verification procedure in accordance with Article 11(3) of this Regulation . Article 11(4), (5) and (6) of this Regulation shall also apply;

for matters relating exclusively or predominantly to elements affecting respect for the values on which the Union is founded, as expressed in Article 2 TEU, initiate a verification procedure in accordance with Article 11(3) of this Regulation . Article 11(4), (5) and (6) of this Regulation shall also apply;

| (b) | for any other matter, and when the reasoned request of the Member State concerned confirms that all national remedies have been exhausted, decide to remove the European political party or European political foundation concerned from the Register. |
| --- | --- |

(b)

(b)

for any other matter, and when the reasoned request of the Member State concerned confirms that all national remedies have been exhausted, decide to remove the European political party or European political foundation concerned from the Register.

for any other matter, and when the reasoned request of the Member State concerned confirms that all national remedies have been exhausted, decide to remove the European political party or European political foundation concerned from the Register.

If a European political party or a European political foundation has seriously failed to fulfil relevant obligations under national law applicable by virtue of the second subparagraph of Article 17(2), and if the matter relates exclusively or predominantly to elements affecting respect of the values on which the Union is founded, as expressed in Article 2 TEU, the Member State concerned may address a request to the Authority in accordance with the provisions of the first subparagraph of this paragraph. The Authority shall proceed in accordance with the first subparagraph, point (a), of this paragraph.

If a European political party or a European political foundation has seriously failed to fulfil relevant obligations under national law applicable by virtue of the second subparagraph of Article 17(2), and if the matter relates exclusively or predominantly to elements affecting respect of the values on which the Union is founded, as expressed in Article 2 TEU, the Member State concerned may address a request to the Authority in accordance with the provisions of the first subparagraph of this paragraph. The Authority shall proceed in accordance with the first subparagraph, point (a), of this paragraph.

In all cases, the Authority shall act without undue delay. The Authority shall inform the Member State concerned and the European political party or European political foundation concerned of the follow-up given to the reasoned request for de-registration.

In all cases, the Authority shall act without undue delay. The Authority shall inform the Member State concerned and the European political party or European political foundation concerned of the follow-up given to the reasoned request for de-registration.

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 4

Article 19 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   
  The Authority shall fix the date of the publication referred to in paragraph 1 after consultation with the Member State in which
  the European political party or European political foundation
  has
  its seat. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   
  The Authority shall fix the date of the publication referred to in paragraph 1 after consultation with the Member State in which
  the European political party or European political foundation
  has
  its seat.

deleted

deleted

Amendment 57

Amendment 57

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 1

Article 20 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   A European political party which is registered in accordance with the conditions and procedures laid down in this Regulation, which is represented in the European Parliament by at least one of its members, and which is not in one of the situations of exclusion referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046 may apply for funding from the general budget of the European Union, in accordance with the terms and conditions published by the Authorising Officer of the European Parliament in a call for contributions. | 1.   A European political party which is registered in accordance with the conditions and procedures laid down in this Regulation, which is represented in the European Parliament by at least one of its members, and which is not in one of the situations of exclusion referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046 may apply for funding from the general budget of the European Union, in accordance with the terms and conditions published by the Authorising Officer of the European Parliament in a call for contributions
  from the general budget of the European Union
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   A European political party which is registered in accordance with the conditions and procedures laid down in this Regulation, which is represented in the European Parliament by at least one of its members, and which is not in one of the situations of exclusion referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046 may apply for funding from the general budget of the European Union, in accordance with the terms and conditions published by the Authorising Officer of the European Parliament in a call for contributions.

1.   A European political party which is registered in accordance with the conditions and procedures laid down in this Regulation, which is represented in the European Parliament by at least one of its members, and which is not in one of the situations of exclusion referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046 may apply for funding from the general budget of the European Union, in accordance with the terms and conditions published by the Authorising Officer of the European Parliament in a call for contributions
  from the general budget of the European Union
  .

Amendment 58

Amendment 58

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 3 — subparagraph 1 a (new)

Article 20 — paragraph 3 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Direct membership of the European Parliament shall be accepted in cases where a Member of the European Parliament is not a member of a national or regional party affiliated to a European political party. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Direct membership of the European Parliament shall be accepted in cases where a Member of the European Parliament is not a member of a national or regional party affiliated to a European political party.

Direct membership of the European Parliament shall be accepted in cases where a Member of the European Parliament is not a member of a national or regional party affiliated to a European political party.

Amendment 59

Amendment 59

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 5

Article 20 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Within the limits set out in Articles 24 and 25, the expenditure reimbursable through a financial contribution shall include administrative expenditure and expenditure linked to technical assistance, meetings, research, cross-border events, studies, information and publications, as well as expenditure linked to campaigns. | 5.   Within the limits set out in Articles 24 and 25, the expenditure reimbursable through a financial contribution
  from the general budget of the European Union
  shall include administrative expenditure and expenditure linked to technical assistance, meetings, research, cross-border events, studies, information and publications, as well as expenditure linked to campaigns. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Within the limits set out in Articles 24 and 25, the expenditure reimbursable through a financial contribution shall include administrative expenditure and expenditure linked to technical assistance, meetings, research, cross-border events, studies, information and publications, as well as expenditure linked to campaigns.

5.   Within the limits set out in Articles 24 and 25, the expenditure reimbursable through a financial contribution
  from the general budget of the European Union
  shall include administrative expenditure and expenditure linked to technical assistance, meetings, research, cross-border events, studies, information and publications, as well as expenditure linked to campaigns.

Amendment 60

Amendment 60

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 1

Article 21 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   In order to receive funding from the general budget of the European Union, a European political party or European political foundation which satisfies the conditions of Article 20(1) or (2) shall file an application with the European Parliament following a call for contributions
  or
  proposals. | 1.   In order to receive funding from the general budget of the European Union, a European political party or European political foundation which satisfies the conditions of Article 20(1) or (2) shall file an application with the European Parliament following a call for contributions
  from the general budget of the European Union or a call for
  proposals. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   In order to receive funding from the general budget of the European Union, a European political party or European political foundation which satisfies the conditions of Article 20(1) or (2) shall file an application with the European Parliament following a call for contributions
  or
  proposals.

1.   In order to receive funding from the general budget of the European Union, a European political party or European political foundation which satisfies the conditions of Article 20(1) or (2) shall file an application with the European Parliament following a call for contributions
  from the general budget of the European Union or a call for
  proposals.

Amendment 61

Amendment 61

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 2

Article 21 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The European political party and the European political foundation shall, at the time of its application, comply with the obligations listed in Article 26 From the date of its application until the end of the financial year or of the action covered by the contribution or grant, it shall remain registered in the Register and shall not be the subject of any of the sanctions provided for in Article 30(1) and in Article 30(2) , points (a)
  (v) to (ix
  ) . | 2.   The European political party and the European political foundation shall, at the time of its application, comply with the obligations listed in Article 26. From the date of its application until the end of the financial year or of the action covered by the contribution or grant
  from the general budget of the European Union
  , it shall remain registered in the Register and shall not be the subject of any of the sanctions provided for in Article 30(1) and in Article 30(2), points (a) (v)
  and (vi
  ). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The European political party and the European political foundation shall, at the time of its application, comply with the obligations listed in Article 26 From the date of its application until the end of the financial year or of the action covered by the contribution or grant, it shall remain registered in the Register and shall not be the subject of any of the sanctions provided for in Article 30(1) and in Article 30(2) , points (a)
  (v) to (ix
  ) .

2.   The European political party and the European political foundation shall, at the time of its application, comply with the obligations listed in Article 26. From the date of its application until the end of the financial year or of the action covered by the contribution or grant
  from the general budget of the European Union
  , it shall remain registered in the Register and shall not be the subject of any of the sanctions provided for in Article 30(1) and in Article 30(2), points (a) (v)
  and (vi
  ).

Amendment 62

Amendment 62

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 3

Article 21 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.
     
  A European political party shall include in its application evidence demonstrating that its EU member parties have, as a rule, published on their websites, in accordance with Article 4(1), point (i), , throughout the 12 months preceding the final date for submission of applications, the political programme and logo of the European political party. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.
     
  A European political party shall include in its application evidence demonstrating that its EU member parties have, as a rule, published on their websites, in accordance with Article 4(1), point (i), , throughout the 12 months preceding the final date for submission of applications, the political programme and logo of the European political party.

deleted

deleted

Amendment 63

Amendment 63

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 4

Article 21 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.
     
  A European political party shall include in its application evidence demonstrating its compliance with Article 4(1), point (j), and that its member parties have continuously published on their websites, during 12 months preceding the moment at which the application is made, information on the gender representation among the candidates at the last elections to the European Parliament and on the evolution of gender representation among their Members of the European Parliament. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.
     
  A European political party shall include in its application evidence demonstrating its compliance with Article 4(1), point (j), and that its member parties have continuously published on their websites, during 12 months preceding the moment at which the application is made, information on the gender representation among the candidates at the last elections to the European Parliament and on the evolution of gender representation among their Members of the European Parliament.

deleted

deleted

Amendment 64

Amendment 64

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 5

Article 21 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.
     
  A European political party shall include in its application evidence demonstrating its compliance with Article 5, that it maintains an up to date policy for the use of political advertising and that it has implemented it throughout the 12 months preceding the final date for submission of applications. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.
     
  A European political party shall include in its application evidence demonstrating its compliance with Article 5, that it maintains an up to date policy for the use of political advertising and that it has implemented it throughout the 12 months preceding the final date for submission of applications.

deleted

deleted

Amendment 65

Amendment 65

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 7

Article 21 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   The Authorising Officer of the European Parliament shall adopt a decision within three months after closure of the call for contributions or call for proposals, and shall authorise and manage the corresponding appropriations in accordance with Regulation (EU, Euratom) 2018/1046 . | 7.   The Authorising Officer of the European Parliament shall adopt a decision within three months after closure of the call for contributions
  from the general budget of the European Union
  or the call for proposals, and shall authorise and manage the corresponding appropriations in accordance with Regulation (EU, Euratom) 2018/1046. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   The Authorising Officer of the European Parliament shall adopt a decision within three months after closure of the call for contributions or call for proposals, and shall authorise and manage the corresponding appropriations in accordance with Regulation (EU, Euratom) 2018/1046 .

7.   The Authorising Officer of the European Parliament shall adopt a decision within three months after closure of the call for contributions
  from the general budget of the European Union
  or the call for proposals, and shall authorise and manage the corresponding appropriations in accordance with Regulation (EU, Euratom) 2018/1046.

Amendment 66

Amendment 66

Proposal for a regulation

Proposal for a regulation

Article 23 — title

Article 23 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Donations, contributions and own resources | Donations, contributions
  , association fees
  and
  ancillary
  own resources |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Donations, contributions and own resources

Donations, contributions
  , association fees
  and
  ancillary
  own resources

, association fees

ancillary

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2 — subparagraph 1

Article 23 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   European political parties and European political foundations shall, at the time of the submission of their annual financial statements in accordance with Article 26, also transmit a list of all donors with their corresponding donations, indicating both the nature and the value of the individual donations. This paragraph shall also apply to contributions made by member parties of European political parties and member organisations of European political foundations. | 2.   European political parties and European political foundations shall, at the time of the submission of their annual financial statements in accordance with Article 26, also transmit a list of all donors with their corresponding donations, indicating both the nature and the value of the individual donations. This paragraph shall also apply to contributions
  and association fees
  made by member parties of European political parties and member organisations of European political foundations
  and to contributions exceeding EUR 1 500 made by individual members of European political parties and European political foundations
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   European political parties and European political foundations shall, at the time of the submission of their annual financial statements in accordance with Article 26, also transmit a list of all donors with their corresponding donations, indicating both the nature and the value of the individual donations. This paragraph shall also apply to contributions made by member parties of European political parties and member organisations of European political foundations.

2.   European political parties and European political foundations shall, at the time of the submission of their annual financial statements in accordance with Article 26, also transmit a list of all donors with their corresponding donations, indicating both the nature and the value of the individual donations. This paragraph shall also apply to contributions
  and association fees
  made by member parties of European political parties and member organisations of European political foundations
  and to contributions exceeding EUR 1 500 made by individual members of European political parties and European political foundations
  .

Amendment 68

Amendment 68

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2 — subparagraph 2

Article 23 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| For donations from natural persons the value of which exceeds EUR 1 500 and is below or equal to EUR 3 000 , the European political party or European political foundation concerned shall indicate whether the corresponding
  donors
  have given their prior written consent to publication in accordance with Article 36(1), point (e). | For donations
  and contributions
  from natural persons the value of which exceeds EUR 1 500 and is below or equal to EUR 3 000 , the European political party or European political foundation concerned shall indicate whether the corresponding
  natural persons
  have given their prior written consent to publication in accordance with Article 36(1), point (e). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For donations from natural persons the value of which exceeds EUR 1 500 and is below or equal to EUR 3 000 , the European political party or European political foundation concerned shall indicate whether the corresponding
  donors
  have given their prior written consent to publication in accordance with Article 36(1), point (e).

donors

For donations
  and contributions
  from natural persons the value of which exceeds EUR 1 500 and is below or equal to EUR 3 000 , the European political party or European political foundation concerned shall indicate whether the corresponding
  natural persons
  have given their prior written consent to publication in accordance with Article 36(1), point (e).

and contributions

natural persons

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 3

Article 23 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Donations received by European political parties and European political foundations
  and expenditure funded from those donations
  within six months prior to elections to the European Parliament shall be reported on a weekly basis to the Authority in writing and in accordance with paragraph 2. | 3.   Donations received by European political parties and European political foundations within six months prior to elections to the European Parliament shall be reported on a weekly basis to the Authority in writing and in accordance with paragraph 2. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Donations received by European political parties and European political foundations
  and expenditure funded from those donations
  within six months prior to elections to the European Parliament shall be reported on a weekly basis to the Authority in writing and in accordance with paragraph 2.

3.   Donations received by European political parties and European political foundations within six months prior to elections to the European Parliament shall be reported on a weekly basis to the Authority in writing and in accordance with paragraph 2.

Amendment 70

Amendment 70

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 5 — subparagraph 1

Article 23 — paragraph 5 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   
  For
  all donations
  the
  value of
  which exceeds
  EUR 3 000 , European political parties and European political foundations shall request donors
  to
  provide the necessary information
  for their proper identification
  . European political parties and European political foundations shall transmit the information received to the Authority upon its request. | 5.   
  In respect of
  all donations
  from a single donor with a cumulative annual
  value of
  more than
  EUR 3 000 , European political parties and European political foundations shall request
  that such
  donors provide the necessary information
  so that they can be properly identified
  . European political parties and European political foundations shall transmit the information received to the Authority upon its request. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   
  For
  all donations
  the
  value of
  which exceeds
  EUR 3 000 , European political parties and European political foundations shall request donors
  to
  provide the necessary information
  for their proper identification
  . European political parties and European political foundations shall transmit the information received to the Authority upon its request.

5.   
  In respect of
  all donations
  from a single donor with a cumulative annual
  value of
  more than
  EUR 3 000 , European political parties and European political foundations shall request
  that such
  donors provide the necessary information
  so that they can be properly identified
  . European political parties and European political foundations shall transmit the information received to the Authority upon its request.

Amendment 71

Amendment 71

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 5 — subparagraph 2

Article 23 — paragraph 5 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Authority shall establish a form to be used for
  purposes of
  the first subparagraph. | The Authority shall establish a form to be used for
  the purpose of identifying the donors referred to in
  the first subparagraph. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Authority shall establish a form to be used for
  purposes of
  the first subparagraph.

purposes of

The Authority shall establish a form to be used for
  the purpose of identifying the donors referred to in
  the first subparagraph.

the purpose of identifying the donors referred to in

Amendment 72

Amendment 72

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 6 — point a

Article 23 — paragraph 6 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | anonymous donations
  or
  contributions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

anonymous donations
  or
  contributions;

or

| (a) | anonymous donations, contributions
  or association fees
  ; |
| --- | --- |

(a)

anonymous donations, contributions
  or association fees
  ;

or association fees

Amendment 73

Amendment 73

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 6 — point d

Article 23 — paragraph 6 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | donations from any private entities based
  in a third country
  or from individuals from
  a third country
  who are not entitled to vote in elections to the European Parliament. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

donations from any private entities based
  in a third country
  or from individuals from
  a third country
  who are not entitled to vote in elections to the European Parliament.

in a third country

a third country

| (d) | donations from any private entities based
  outside the Union
  or from individuals from
  outside the Union
  who are not entitled to vote in elections to the European Parliament. |
| --- | --- |

(d)

donations from any private entities based
  outside the Union
  or from individuals from
  outside the Union
  who are not entitled to vote in elections to the European Parliament.

outside the Union

outside the Union

Amendment 74

Amendment 74

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 8

Article 23 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.   The Authority shall carry out
  verifications
  where it has grounds to believe that any donation has been
  granted
  in breach of this Regulation. It may for that purpose request additional information from the European political party or European political foundation and its donors. | 8.   The Authority shall carry out
  checks
  where it has grounds to believe that any donation has been
  accepted
  in breach of this Regulation. It may for that purpose request additional information from the European political party or European political foundation and its donors. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.   The Authority shall carry out
  verifications
  where it has grounds to believe that any donation has been
  granted
  in breach of this Regulation. It may for that purpose request additional information from the European political party or European political foundation and its donors.

8.   The Authority shall carry out
  checks
  where it has grounds to believe that any donation has been
  accepted
  in breach of this Regulation. It may for that purpose request additional information from the European political party or European political foundation and its donors.

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 9

Article 23 — paragraph 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 9.   Contributions
  from members of
  a European political party
  that have their seat in, or are citizens of, a Member State or from member parties that have their seat in a country belonging to the Council of Europe shall be permitted. The total value of contributions from members
  shall not exceed 40 % of
  the
  annual budget
  of a European political party
  .
  The value of contributions from member parties that have their seat in a country outside the Union shall not exceed 10 % of the total contributions from members. | 9.   
  The total value of the
  contributions
  to
  a European political party shall not exceed 40 % of
  its
  annual budget. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9.   Contributions
  from members of
  a European political party
  that have their seat in, or are citizens of, a Member State or from member parties that have their seat in a country belonging to the Council of Europe shall be permitted. The total value of contributions from members
  shall not exceed 40 % of
  the
  annual budget
  of a European political party
  .
  The value of contributions from member parties that have their seat in a country outside the Union shall not exceed 10 % of the total contributions from members.

9.   
  The total value of the
  contributions
  to
  a European political party shall not exceed 40 % of
  its
  annual budget.

Amendment 76

Amendment 76

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 9 a (new)

Article 23 — paragraph 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 9a.
     
  The total value of association fees to a European political party shall not exceed 20 % of the total value of contributions to that party. Any payment of association fees can be made only within the framework of generally applicable rules and rates established by the European political party. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9a.
     
  The total value of association fees to a European political party shall not exceed 20 % of the total value of contributions to that party. Any payment of association fees can be made only within the framework of generally applicable rules and rates established by the European political party.

Amendment 77

Amendment 77

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 10 — subparagraph 1

Article 23 — paragraph 10 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 10.   Contributions
  from members of a
  European political
  foundation that have their seat in, or are citizens of, a Member State or from member organisations that have their seat in a country belonging to the Council of Europe, and from
  the European political party
  with
  which it is affiliated
  , shall be permitted. The total value of contributions from members
  shall not exceed 40 % of the annual budget of a European political foundation and shall not derive from funds received by a European political party pursuant to this Regulation from the general budget of the European Union. The
  value of contributions from member organisations that have their seat in a country outside the Union
  shall
  not exceed 10 % of the total contributions from members
  . | 10.   
  The total value of the
  contributions
  to
  European political
  foundations from members and financing by
  the European political party
  to
  which it is affiliated shall not exceed 40 % of the annual budget of a European political foundation and shall not derive from funds received by a European political party pursuant to this Regulation from the general budget of the European Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

10.   Contributions
  from members of a
  European political
  foundation that have their seat in, or are citizens of, a Member State or from member organisations that have their seat in a country belonging to the Council of Europe, and from
  the European political party
  with
  which it is affiliated
  , shall be permitted. The total value of contributions from members
  shall not exceed 40 % of the annual budget of a European political foundation and shall not derive from funds received by a European political party pursuant to this Regulation from the general budget of the European Union. The
  value of contributions from member organisations that have their seat in a country outside the Union
  shall
  not exceed 10 % of the total contributions from members
  .

10.   
  The total value of the
  contributions
  to
  European political
  foundations from members and financing by
  the European political party
  to
  which it is affiliated shall not exceed 40 % of the annual budget of a European political foundation and shall not derive from funds received by a European political party pursuant to this Regulation from the general budget of the European Union.

Amendment 78

Amendment 78

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 10 a (new)

Article 23 — paragraph 10 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 10a.
     
  The total value of association fees to a European political foundation shall not exceed 20 % of the total contributions to that foundation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

10a.
     
  The total value of association fees to a European political foundation shall not exceed 20 % of the total contributions to that foundation.

Amendment 79

Amendment 79

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 12

Article 23 — paragraph 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| 12.   Any contribution that is not permitted under this Regulation shall be returned in accordance with paragraph 7. | 12.   Any contribution
  or association fee
  that is not permitted under this Regulation shall be returned in accordance with paragraph 7. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

12.   Any contribution that is not permitted under this Regulation shall be returned in accordance with paragraph 7.

12.   Any contribution
  or association fee
  that is not permitted under this Regulation shall be returned in accordance with paragraph 7.

Amendment 80

Amendment 80

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 13

Article 23 — paragraph 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| 13.   The value of own resources of a European political party or of a European political foundation generated from own economic activities shall not exceed
  5 %
  of the
  annual budget
  of that European political party or European political foundation. | 13.   The value of
  ancillary
  own resources of a European political party or of a European political foundation generated from own economic activities shall not exceed
  10 %
  of the
  amount generated by contributions to, and association fees
  of, that European political party or European political foundation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

13.   The value of own resources of a European political party or of a European political foundation generated from own economic activities shall not exceed
  5 %
  of the
  annual budget
  of that European political party or European political foundation.

13.   The value of
  ancillary
  own resources of a European political party or of a European political foundation generated from own economic activities shall not exceed
  10 %
  of the
  amount generated by contributions to, and association fees
  of, that European political party or European political foundation.

Amendment 81

Amendment 81

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 2

Article 24 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The funding of European political parties
  and European political foundations
  from the general budget of the European Union or from any other source may be used to finance referendum campaigns when those campaigns concern
  the implementation of the Treaties of the
  Union. | 2.   The funding of European political parties from the general budget of the European Union or from any other source may be used to finance referendum campaigns when those campaigns concern
  issues directly related to the European
  Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The funding of European political parties
  and European political foundations
  from the general budget of the European Union or from any other source may be used to finance referendum campaigns when those campaigns concern
  the implementation of the Treaties of the
  Union.

2.   The funding of European political parties from the general budget of the European Union or from any other source may be used to finance referendum campaigns when those campaigns concern
  issues directly related to the European
  Union.

Amendment 82

Amendment 82

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 1

Article 25 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Notwithstanding Article 24(1), the funding of European political parties from the general budget of the European Union or from any other source shall not be used for the direct or indirect funding of other political
  parties
  , and in particular national parties or candidates. Those national political parties and candidates shall continue to be governed by national rules. | 1.   Notwithstanding
  Article 23(10) and
  Article 24(1), the funding of European political parties from the general budget of the European Union or from any other source shall not be used for the direct or indirect funding of other political
  entities
  , and in particular national parties or candidates. Those national political parties and candidates shall continue to be governed by national rules. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Notwithstanding Article 24(1), the funding of European political parties from the general budget of the European Union or from any other source shall not be used for the direct or indirect funding of other political
  parties
  , and in particular national parties or candidates. Those national political parties and candidates shall continue to be governed by national rules.

1.   Notwithstanding
  Article 23(10) and
  Article 24(1), the funding of European political parties from the general budget of the European Union or from any other source shall not be used for the direct or indirect funding of other political
  entities
  , and in particular national parties or candidates. Those national political parties and candidates shall continue to be governed by national rules.

Amendment 83

Amendment 83

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 2

Article 25 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The funding of European political foundations from the general budget of the European Union or from any other source shall not be used for any other purpose than for financing their tasks as listed in Article 2, point (4), and to meet expenditure directly linked to the objectives set out in their statutes in accordance with Article 6. It shall in particular not be used for the direct or indirect funding of elections, political parties, or candidates or other foundations. | 2.   The funding of European political foundations from the general budget of the European Union or from any other source shall not be used for any other purpose than for financing their tasks as listed in Article 2, point (4), and to meet expenditure directly linked to the objectives set out in their statutes in accordance with Article 6. It shall in particular not be used for the direct or indirect funding of elections, political parties, or candidates
  in the six months before national or European elections,
  or
  of
  other foundations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The funding of European political foundations from the general budget of the European Union or from any other source shall not be used for any other purpose than for financing their tasks as listed in Article 2, point (4), and to meet expenditure directly linked to the objectives set out in their statutes in accordance with Article 6. It shall in particular not be used for the direct or indirect funding of elections, political parties, or candidates or other foundations.

2.   The funding of European political foundations from the general budget of the European Union or from any other source shall not be used for any other purpose than for financing their tasks as listed in Article 2, point (4), and to meet expenditure directly linked to the objectives set out in their statutes in accordance with Article 6. It shall in particular not be used for the direct or indirect funding of elections, political parties, or candidates
  in the six months before national or European elections,
  or
  of
  other foundations.

Amendment 84

Amendment 84

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 1 — subparagraph 1 — introductory part

Article 26 — paragraph 1 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   At the latest within six months following the end of the financial year, European political parties and European political foundations shall submit to the
  Authority, with a copy to the
  Authorising Officer of the European Parliament
  and to the competent National Contact Point of
  the
  Member State of their seat
  : | 1.   At the latest within six months following the end of the financial year, European political parties and European political foundations shall submit to the Authorising Officer of the European Parliament
  , in an open, machine readable format,
  the
  following
  : |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   At the latest within six months following the end of the financial year, European political parties and European political foundations shall submit to the
  Authority, with a copy to the
  Authorising Officer of the European Parliament
  and to the competent National Contact Point of
  the
  Member State of their seat
  :

1.   At the latest within six months following the end of the financial year, European political parties and European political foundations shall submit to the Authorising Officer of the European Parliament
  , in an open, machine readable format,
  the
  following
  :

Amendment 85

Amendment 85

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 1 — subparagraph 1 — point c

Article 26 — paragraph 1 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the list of donors and contributors and their corresponding donations
  or
  contributions reported in accordance with Article 23(2), (3) and (4). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the list of donors and contributors and their corresponding donations
  or
  contributions reported in accordance with Article 23(2), (3) and (4).

or

| (c) | the list of donors and contributors and their corresponding donations, contributions
  or association fees
  reported in accordance with Article 23(2), (3) and (4). |
| --- | --- |

(c)

the list of donors and contributors and their corresponding donations, contributions
  or association fees
  reported in accordance with Article 23(2), (3) and (4).

or association fees

Amendment 86

Amendment 86

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 1 — subparagraph 1 a (new)

Article 26 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The European political parties and European political foundations shall also send a copy of any submission referred to in the first subparagraph to the Authority and to the competent national contact point of the Member State of their seat. That copy shall be in an open and machine readable format. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The European political parties and European political foundations shall also send a copy of any submission referred to in the first subparagraph to the Authority and to the competent national contact point of the Member State of their seat. That copy shall be in an open and machine readable format.

The European political parties and European political foundations shall also send a copy of any submission referred to in the first subparagraph to the Authority and to the competent national contact point of the Member State of their seat. That copy shall be in an open and machine readable format.

Amendment 87

Amendment 87

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 2 — subparagraph 1

Article 27 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Authority shall control compliance by European political parties and European political foundations with their obligations under this Regulation, in particular in relation to Article 3, Article 4(1), points (a), (b), (d), (e)
  and (f), of
  Article 6(1), points (a) to (e) and (g), Article 10(5) and (6), and
  Articles 23, 24 and 25
  . | 2.   The Authority shall control compliance by European political parties and European political foundations with their obligations under this Regulation, in particular in relation to Article 3, Article 4(1), points (a), (b), (d), (e)
  , (f) and (h), Article 4a, Article 5,
  Article 6(1), points (a) to (e) and (g), Article 10(5) and (6), and
  Article 23. In cases where no funding from the general budget of the European Union is involved, it shall also control compliance by European political parties with their obligations under Article 25(1)
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Authority shall control compliance by European political parties and European political foundations with their obligations under this Regulation, in particular in relation to Article 3, Article 4(1), points (a), (b), (d), (e)
  and (f), of
  Article 6(1), points (a) to (e) and (g), Article 10(5) and (6), and
  Articles 23, 24 and 25
  .

2.   The Authority shall control compliance by European political parties and European political foundations with their obligations under this Regulation, in particular in relation to Article 3, Article 4(1), points (a), (b), (d), (e)
  , (f) and (h), Article 4a, Article 5,
  Article 6(1), points (a) to (e) and (g), Article 10(5) and (6), and
  Article 23. In cases where no funding from the general budget of the European Union is involved, it shall also control compliance by European political parties with their obligations under Article 25(1)
  .

Amendment 88

Amendment 88

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 2 — subparagraph 2

Article 27 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Authorising Officer of the European Parliament shall control compliance by European political parties and European political foundations with the obligations relating to Union funding under this Regulation
  in accordance with
  Regulation (EU, Euratom) 2018/1046 . In carrying out such controls, the European Parliament shall take the necessary measures in the fields of the prevention of and the fight against fraud affecting the financial interests of the Union. | The Authorising Officer of the European Parliament shall control compliance by European political parties and European political foundations with the obligations relating to Union funding under this Regulation
  and under
  Regulation (EU, Euratom) 2018/1046 . In carrying out such controls, the European Parliament shall take the necessary measures in the fields of the prevention of and the fight against fraud affecting the financial interests of the Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Authorising Officer of the European Parliament shall control compliance by European political parties and European political foundations with the obligations relating to Union funding under this Regulation
  in accordance with
  Regulation (EU, Euratom) 2018/1046 . In carrying out such controls, the European Parliament shall take the necessary measures in the fields of the prevention of and the fight against fraud affecting the financial interests of the Union.

in accordance with

The Authorising Officer of the European Parliament shall control compliance by European political parties and European political foundations with the obligations relating to Union funding under this Regulation
  and under
  Regulation (EU, Euratom) 2018/1046 . In carrying out such controls, the European Parliament shall take the necessary measures in the fields of the prevention of and the fight against fraud affecting the financial interests of the Union.

and under

Amendment 89

Amendment 89

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 1

Article 30 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.
     
  In accordance with Article 19, the Authority shall decide to remove a European political party or a European political foundation from the Register by way of sanction in any of the following situations: | deleted |
| (a) | where the party or foundation in question is in one of the situations of exclusion referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.
     
  In accordance with Article 19, the Authority shall decide to remove a European political party or a European political foundation from the Register by way of sanction in any of the following situations:

deleted

deleted

(a)

(a)

where the party or foundation in question is in one of the situations of exclusion referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046;

where the party or foundation in question is in one of the situations of exclusion referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046;

| (b) | where it is established, in accordance with the procedures set out in Article 11(2) to (5), that it no longer fulfils one or more of the conditions set out in Article 3(1) or (2); |
| --- | --- |

(b)

(b)

where it is established, in accordance with the procedures set out in Article 11(2) to (5), that it no longer fulfils one or more of the conditions set out in Article 3(1) or (2);

where it is established, in accordance with the procedures set out in Article 11(2) to (5), that it no longer fulfils one or more of the conditions set out in Article 3(1) or (2);

| (c) | where a decision to register the party or foundation in question is based on incorrect or misleading information for which the applicant is responsible, or where such a decision has been obtained by deceit; |
| --- | --- |

(c)

(c)

where a decision to register the party or foundation in question is based on incorrect or misleading information for which the applicant is responsible, or where such a decision has been obtained by deceit;

where a decision to register the party or foundation in question is based on incorrect or misleading information for which the applicant is responsible, or where such a decision has been obtained by deceit;

| (d) | where a request by a Member State for de-registration on grounds of serious failure to fulfil obligations under national law meets the requirements set out in Article 19(3), point (b). |
| --- | --- |

(d)

(d)

where a request by a Member State for de-registration on grounds of serious failure to fulfil obligations under national law meets the requirements set out in Article 19(3), point (b).

where a request by a Member State for de-registration on grounds of serious failure to fulfil obligations under national law meets the requirements set out in Article 19(3), point (b).

Amendment 90

Amendment 90

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 2 — point a — point ii

Article 30 — paragraph 2 — point a — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | in the event of non-compliance with the commitments entered into and the information provided by a European political party or European political foundation in accordance with Article 4(1), points (a), (b), (d), (e), (f)
  , (i) and (j)
  and with Article 6(1), points (a), (b), (d) and (e); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

in the event of non-compliance with the commitments entered into and the information provided by a European political party or European political foundation in accordance with Article 4(1), points (a), (b), (d), (e), (f)
  , (i) and (j)
  and with Article 6(1), points (a), (b), (d) and (e);

, (i) and (j)

| (ii) | in the event of non-compliance with the commitments entered into and the information provided by a European political party or European political foundation in accordance with Article 4(1), points (a), (b), (d), (e), (f)
  and (h),
  and with Article 6(1), points (a), (b), (d) and (e); |
| --- | --- |

(ii)

in the event of non-compliance with the commitments entered into and the information provided by a European political party or European political foundation in accordance with Article 4(1), points (a), (b), (d), (e), (f)
  and (h),
  and with Article 6(1), points (a), (b), (d) and (e);

and (h),

Amendment 91

Amendment 91

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 2 — point a — point ii a (new)

Article 30 — paragraph 2 — point a — point ii a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iia) | in the event of non-compliance with the obligations under Article 4a(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iia)

(iia)

in the event of non-compliance with the obligations under Article 4a(1);

in the event of non-compliance with the obligations under Article 4a(1);

Amendment 92

Amendment 92

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 2 — point a — point ii b (new)

Article 30 — paragraph 2 — point a — point ii b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iib) | in the event of non-compliance with the obligations under Article 4a(2); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iib)

(iib)

in the event of non-compliance with the obligations under Article 4a(2);

in the event of non-compliance with the obligations under Article 4a(2);

Amendment 93

Amendment 93

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 2 — point a — point ii c (new)

Article 30 — paragraph 2 — point a — point ii c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iic) | in the event of non-compliance with the obligations under Article 5(1) to (5); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iic)

(iic)

in the event of non-compliance with the obligations under Article 5(1) to (5);

in the event of non-compliance with the obligations under Article 5(1) to (5);

Amendment 94

Amendment 94

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 2 — point a — point viii

Article 30 — paragraph 2 — point a — point viii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (viii) | in the event of failure to provide evidence on the use of logos and publication of political programmes in accordance with Article 21(3); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(viii)

(viii)

in the event of failure to provide evidence on the use of logos and publication of political programmes in accordance with Article 21(3);

in the event of failure to provide evidence on the use of logos and publication of political programmes in accordance with Article 21(3);

deleted

deleted

Amendment 95

Amendment 95

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 2 — point a — point ix

Article 30 — paragraph 2 — point a — point ix

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ix) | in the event of failure to provide evidence on gender representation in accordance with Article 21(4). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ix)

(ix)

in the event of failure to provide evidence on gender representation in accordance with Article 21(4).

in the event of failure to provide evidence on gender representation in accordance with Article 21(4).

deleted

deleted

Amendment 96

Amendment 96

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 2 — point b — point i

Article 30 — paragraph 2 — point b — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | where a European political party or a European political foundation has accepted donations
  and
  contributions that are not permitted under Article 23(1) or
  (5)
  , unless the conditions laid down in Article 23(7) are met; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

where a European political party or a European political foundation has accepted donations
  and
  contributions that are not permitted under Article 23(1) or
  (5)
  , unless the conditions laid down in Article 23(7) are met;

and

(5)

| (i) | where a European political party or a European political foundation has accepted donations, contributions
  or association fees
  that are not permitted under Article 23(1) or
  (6)
  , unless the conditions laid down in Article 23(7) are met; |
| --- | --- |

(i)

where a European political party or a European political foundation has accepted donations, contributions
  or association fees
  that are not permitted under Article 23(1) or
  (6)
  , unless the conditions laid down in Article 23(7) are met;

or association fees

(6)

Amendment 97

Amendment 97

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 4 — introductory part

Article 30 — paragraph 4 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   For the purposes of paragraphs
  2 and 3
  , the following financial sanctions shall be imposed on a European political party or a European political foundation: | 4.   For the purposes of paragraphs
  1 and 2
  , the following financial sanctions shall be imposed on a European political party or a European political foundation: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   For the purposes of paragraphs
  2 and 3
  , the following financial sanctions shall be imposed on a European political party or a European political foundation:

4.   For the purposes of paragraphs
  1 and 2
  , the following financial sanctions shall be imposed on a European political party or a European political foundation:

Amendment 98

Amendment 98

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 4 — point b — subparagraph 1 — introductory part

Article 30 — paragraph 4 — point b — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | in cases of quantifiable infringements, a fixed percentage of the amount of the irregular sums received or not reported in accordance with the following scale, up to a maximum of 10 % of the annual budget of the European political party or European political foundation concerned: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

in cases of quantifiable infringements, a fixed percentage of the amount of the irregular sums received or not reported in accordance with the following scale, up to a maximum of 10 % of the annual budget of the European political party or European political foundation concerned:

| (b) | in cases of quantifiable infringements, a fixed percentage of the amount of the irregular sums received or not reported
  or of the sums used for funding activities that are prohibited under Article 25,
  in accordance with the following scale, up to a maximum of 10 % of the annual budget of the European political party or European political foundation concerned: |
| --- | --- |

(b)

in cases of quantifiable infringements, a fixed percentage of the amount of the irregular sums received or not reported
  or of the sums used for funding activities that are prohibited under Article 25,
  in accordance with the following scale, up to a maximum of 10 % of the annual budget of the European political party or European political foundation concerned:

or of the sums used for funding activities that are prohibited under Article 25,

Amendment 99

Amendment 99

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 4 — point b — subparagraph 2

Article 30 — paragraph 4 — point b — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the application of the percentages indicated in the first subparagraph, each donation
  or
  contribution shall be considered separately. | For the application of the percentages indicated in the first subparagraph, each donation, contribution
  , association fee or sum used for funding activities that are prohibited under Article 25
  shall be considered separately. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For the application of the percentages indicated in the first subparagraph, each donation
  or
  contribution shall be considered separately.

or

For the application of the percentages indicated in the first subparagraph, each donation, contribution
  , association fee or sum used for funding activities that are prohibited under Article 25
  shall be considered separately.

, association fee or sum used for funding activities that are prohibited under Article 25

Amendment 100

Amendment 100

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 5 a (new)

Article 30 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  The Authority shall recover the corresponding amounts from the European political party or European political foundation on which financial sanctions have been imposed. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  The Authority shall recover the corresponding amounts from the European political party or European political foundation on which financial sanctions have been imposed.

Amendment 101

Amendment 101

Proposal for a regulation

Proposal for a regulation

Article 33 — paragraph 1

Article 33 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   With a view to fully comply with the obligations referred to in Article 38, before the Authority’s final decision relating to any of the sanctions referred to in Article
  30
  , the Authority or the Authorising Officer of the European Parliament shall give the European political party or the European political foundation concerned an opportunity to introduce the measures required to remedy the situation within a reasonable period of time, which shall not normally exceed one month. In particular, the Authority or the Authorising Officer of the European Parliament shall allow the possibility of correcting clerical and arithmetical errors, providing additional documents or information where necessary or correcting minor mistakes. | 1.   With a view to fully comply with the obligations referred to in Article 38, before the Authority’s final decision relating to any of the sanctions referred to in Article
  30(1), points (a)(i) to (iv)
  , the Authority or the Authorising Officer of the European Parliament shall give the European political party or the European political foundation concerned an opportunity to introduce the measures required to remedy the situation within a reasonable period of time, which shall not normally exceed one month. In particular, the Authority or the Authorising Officer of the European Parliament shall allow the possibility of correcting clerical and arithmetical errors, providing additional documents or information where necessary or correcting minor mistakes. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   With a view to fully comply with the obligations referred to in Article 38, before the Authority’s final decision relating to any of the sanctions referred to in Article
  30
  , the Authority or the Authorising Officer of the European Parliament shall give the European political party or the European political foundation concerned an opportunity to introduce the measures required to remedy the situation within a reasonable period of time, which shall not normally exceed one month. In particular, the Authority or the Authorising Officer of the European Parliament shall allow the possibility of correcting clerical and arithmetical errors, providing additional documents or information where necessary or correcting minor mistakes.

1.   With a view to fully comply with the obligations referred to in Article 38, before the Authority’s final decision relating to any of the sanctions referred to in Article
  30(1), points (a)(i) to (iv)
  , the Authority or the Authorising Officer of the European Parliament shall give the European political party or the European political foundation concerned an opportunity to introduce the measures required to remedy the situation within a reasonable period of time, which shall not normally exceed one month. In particular, the Authority or the Authorising Officer of the European Parliament shall allow the possibility of correcting clerical and arithmetical errors, providing additional documents or information where necessary or correcting minor mistakes.

Amendment 102

Amendment 102

Proposal for a regulation

Proposal for a regulation

Article 33 — paragraph 2

Article 33 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where a European political party or a European political foundation has failed to take corrective measures within the period of time referred to in paragraph 1, the appropriate sanctions referred to in Article 30 shall be decided. | 2.   Where a European political party or a European political foundation has failed to take
  sufficient
  corrective measures within the period of time referred to in paragraph 1, the appropriate sanctions referred to in Article 30 shall be decided. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Where a European political party or a European political foundation has failed to take corrective measures within the period of time referred to in paragraph 1, the appropriate sanctions referred to in Article 30 shall be decided.

2.   Where a European political party or a European political foundation has failed to take
  sufficient
  corrective measures within the period of time referred to in paragraph 1, the appropriate sanctions referred to in Article 30 shall be decided.

Amendment 103

Amendment 103

Proposal for a regulation

Proposal for a regulation

Article 33 — paragraph 3

Article 33 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.
     
  Paragraphs 1 and 2 shall not apply in relation to the conditions set out Article 3(1), points (b) to (f) and in Article 3(2), point (c). | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.
     
  Paragraphs 1 and 2 shall not apply in relation to the conditions set out Article 3(1), points (b) to (f) and in Article 3(2), point (c).

deleted

deleted

Amendment 104

Amendment 104

Proposal for a regulation

Proposal for a regulation

Article 34 — title

Article 34 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Recovery | Termination of a funding decision with future effect |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Recovery

Recovery

Termination of a funding decision with future effect

Termination of a funding decision with future effect

Amendment 105

Amendment 105

Proposal for a regulation

Proposal for a regulation

Article 34 — paragraph 1

Article 34 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  On the basis of a decision of the Authority removing a European political party or a European political foundation from the Register,
  the Authorising Officer of the European Parliament shall withdraw
  or terminate any
  ongoing decision
  or agreement on Union funding, except in the cases provided for in Article 19(2), point (c), and in Article 3(1), points (b) and (f). They shall also recover any Union funding, including any unspent Union funds from previous years. | 1.   The Authorising Officer of the European Parliament shall terminate
  an
  ongoing
  funding
  decision
  addressed to a European political party or aEuropean political foundation with future effect on the basis of the following grounds: |
| | (a) | a decision by the Authority to remove the party or foundation from the Register, with the exception of a decision based on the ground for deregistration laid down in Article 19(1), point (a) (iv); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   
  On the basis of a decision of the Authority removing a European political party or a European political foundation from the Register,
  the Authorising Officer of the European Parliament shall withdraw
  or terminate any
  ongoing decision
  or agreement on Union funding, except in the cases provided for in Article 19(2), point (c), and in Article 3(1), points (b) and (f). They shall also recover any Union funding, including any unspent Union funds from previous years.

1.   The Authorising Officer of the European Parliament shall terminate
  an
  ongoing
  funding
  decision
  addressed to a European political party or aEuropean political foundation with future effect on the basis of the following grounds:

(a)

(a)

a decision by the Authority to remove the party or foundation from the Register, with the exception of a decision based on the ground for deregistration laid down in Article 19(1), point (a) (iv);

a decision by the Authority to remove the party or foundation from the Register, with the exception of a decision based on the ground for deregistration laid down in Article 19(1), point (a) (iv);

| (b) | a sanction decision based on Article 30(1), points (a)(v) and (vi). |
| --- | --- |

(b)

(b)

a sanction decision based on Article 30(1), points (a)(v) and (vi).

a sanction decision based on Article 30(1), points (a)(v) and (vi).

Other grounds for the termination of a funding decision with future effect may be provided for in the contribution or grant agreement.

Other grounds for the termination of a funding decision with future effect may be provided for in the contribution or grant agreement.

Amendment 106

Amendment 106

Proposal for a regulation

Proposal for a regulation

Article 34 — paragraph 2

Article 34 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  1 A European political party or European political foundation on which a sanction has been imposed for any of the infringements listed in Article 30(1) and Article 30(2), points (a) (v) and (vi), shall for that reason no longer be in compliance with Article 21(2). As a result, the Authorising Officer of the European Parliament shall terminate the contribution or grant agreement or decision on Union funding received under this Regulation and shall recover amounts unduly paid under the contribution or grant agreement or decision, including any unspent Union funds from previous years. The Authorising Officer of the European Parliament shall also recover amounts unduly paid under the contribution or grant agreement or decision from a natural person in respect of whom a decision pursuant to Article 31 has been taken, taking into account, where applicable, exceptional circumstances relating to that natural person. | 2.
     
  A decision to terminate the funding decision with future effect shall take effect on the day specified in the decision to terminate or, if no day is specified therein, on the day on which the decision to terminate is notified to the European political party or European political foundation. |
| In the event of such termination, payments by the Authorising Officer of the European Parliament shall be limited to the reimbursable expenditure incurred by the European political party or the eligible costs incurred by the European political foundation up to the date when the termination decision takes effect. | |
| This paragraph shall also be applicable to the cases referred to in Article 19(2), point (c), and in Article 3(1), points (b) and (f). | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.
     
  1 A European political party or European political foundation on which a sanction has been imposed for any of the infringements listed in Article 30(1) and Article 30(2), points (a) (v) and (vi), shall for that reason no longer be in compliance with Article 21(2). As a result, the Authorising Officer of the European Parliament shall terminate the contribution or grant agreement or decision on Union funding received under this Regulation and shall recover amounts unduly paid under the contribution or grant agreement or decision, including any unspent Union funds from previous years. The Authorising Officer of the European Parliament shall also recover amounts unduly paid under the contribution or grant agreement or decision from a natural person in respect of whom a decision pursuant to Article 31 has been taken, taking into account, where applicable, exceptional circumstances relating to that natural person.

2.
     
  A decision to terminate the funding decision with future effect shall take effect on the day specified in the decision to terminate or, if no day is specified therein, on the day on which the decision to terminate is notified to the European political party or European political foundation.

In the event of such termination, payments by the Authorising Officer of the European Parliament shall be limited to the reimbursable expenditure incurred by the European political party or the eligible costs incurred by the European political foundation up to the date when the termination decision takes effect.

In the event of such termination, payments by the Authorising Officer of the European Parliament shall be limited to the reimbursable expenditure incurred by the European political party or the eligible costs incurred by the European political foundation up to the date when the termination decision takes effect.

This paragraph shall also be applicable to the cases referred to in Article 19(2), point (c), and in Article 3(1), points (b) and (f).

This paragraph shall also be applicable to the cases referred to in Article 19(2), point (c), and in Article 3(1), points (b) and (f).

Amendment 107

Amendment 107

Proposal for a regulation

Proposal for a regulation

Article 34 — paragraph 2 a (new)

Article 34 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The termination of the funding decision with future effect shall have the following consequences: |
| | (a) | the contribution or grant agreement shall be terminated from the date referred to in paragraph 2; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  The termination of the funding decision with future effect shall have the following consequences:

(a)

(a)

the contribution or grant agreement shall be terminated from the date referred to in paragraph 2;

the contribution or grant agreement shall be terminated from the date referred to in paragraph 2;

| (b) | payments by the Authorising Officer of the European Parliament shall be limited to the reimbursable expenditure actually incurred by the European political party or the eligible costs actually incurred by the European political foundation up to the date referred to in paragraph 2; |
| --- | --- |

(b)

(b)

payments by the Authorising Officer of the European Parliament shall be limited to the reimbursable expenditure actually incurred by the European political party or the eligible costs actually incurred by the European political foundation up to the date referred to in paragraph 2;

payments by the Authorising Officer of the European Parliament shall be limited to the reimbursable expenditure actually incurred by the European political party or the eligible costs actually incurred by the European political foundation up to the date referred to in paragraph 2;

| (c) | expenditure or costs incurred by the European political party or European political foundation from the day referred to in paragraph 2 shall be qualified as non-reimbursable expenditure or ineligible costs; |
| --- | --- |

(c)

(c)

expenditure or costs incurred by the European political party or European political foundation from the day referred to in paragraph 2 shall be qualified as non-reimbursable expenditure or ineligible costs;

expenditure or costs incurred by the European political party or European political foundation from the day referred to in paragraph 2 shall be qualified as non-reimbursable expenditure or ineligible costs;

| (d) | the Authorising Officer of the European Parliament shall recover all Union funds unduly paid, including: |
| --- | --- |

(d)

(d)

the Authorising Officer of the European Parliament shall recover all Union funds unduly paid, including:

the Authorising Officer of the European Parliament shall recover all Union funds unduly paid, including:

| | (i) | Union funds that have been spent for non-reimbursable expenditure or ineligible costs; and |
| --- | --- | --- |

(i)

(i)

Union funds that have been spent for non-reimbursable expenditure or ineligible costs; and

Union funds that have been spent for non-reimbursable expenditure or ineligible costs; and

| | (ii) | any unused Union pre-financing that has not been spent before the date referred to in paragraph 2, including unspent Union funds from previous years; and |
| --- | --- | --- |

(ii)

(ii)

any unused Union pre-financing that has not been spent before the date referred to in paragraph 2, including unspent Union funds from previous years; and

any unused Union pre-financing that has not been spent before the date referred to in paragraph 2, including unspent Union funds from previous years; and

| (e) | the Authorising Officer of the European Parliament shall recover any amounts unduly paid from a natural person in respect of whom a decision pursuant to Article 31 has been taken. |
| --- | --- |

(e)

(e)

the Authorising Officer of the European Parliament shall recover any amounts unduly paid from a natural person in respect of whom a decision pursuant to Article 31 has been taken.

the Authorising Officer of the European Parliament shall recover any amounts unduly paid from a natural person in respect of whom a decision pursuant to Article 31 has been taken.

Amendment 108

Amendment 108

Proposal for a regulation

Proposal for a regulation

Article 34 a (new)

Article 34 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 34a




  Withdrawal of the funding decision with retroactive effect





  1.
     
  On the basis of a decision taken by the Authority removing a European political party or European political foundation from the Register, based on the ground for deregistration laid down in Article 19(1), point (a)(iv), the Authorising Officer of the European Parliament shall withdraw funding decisions addressed to the European political party or European political foundation concerned with retroactive effect from the date of the adoption of those decisions.






  2.
     
  The withdrawal of the funding decision with retroactive effect shall have the following consequences:











  (a) | the contribution or grant agreement shall be terminated from the day of the notification of that termination to the European political party or European political foundation concerned; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 34a

Article 34a

Withdrawal of the funding decision with retroactive effect

Withdrawal of the funding decision with retroactive effect

1.
     
  On the basis of a decision taken by the Authority removing a European political party or European political foundation from the Register, based on the ground for deregistration laid down in Article 19(1), point (a)(iv), the Authorising Officer of the European Parliament shall withdraw funding decisions addressed to the European political party or European political foundation concerned with retroactive effect from the date of the adoption of those decisions.

2.
     
  The withdrawal of the funding decision with retroactive effect shall have the following consequences:

(a)

(a)

the contribution or grant agreement shall be terminated from the day of the notification of that termination to the European political party or European political foundation concerned;

the contribution or grant agreement shall be terminated from the day of the notification of that termination to the European political party or European political foundation concerned;

| (b) | all expenditure or costs incurred by the European political party or European political foundation shall be qualified as non-reimbursable expenditure or ineligible costs; and |
| --- | --- |

(b)

(b)

all expenditure or costs incurred by the European political party or European political foundation shall be qualified as non-reimbursable expenditure or ineligible costs; and

all expenditure or costs incurred by the European political party or European political foundation shall be qualified as non-reimbursable expenditure or ineligible costs; and

| (c) | any amount paid under the contribution or grant agreement, along with any unspent Union funds from previous years, shall be considered to be undue payments and shall be recovered under Regulation (EU, Euratom) 2018/1046. |
| --- | --- |

(c)

(c)

any amount paid under the contribution or grant agreement, along with any unspent Union funds from previous years, shall be considered to be undue payments and shall be recovered under Regulation (EU, Euratom) 2018/1046.

any amount paid under the contribution or grant agreement, along with any unspent Union funds from previous years, shall be considered to be undue payments and shall be recovered under Regulation (EU, Euratom) 2018/1046.

Amendment 109

Amendment 109

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 1 — introductory part

Article 36 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The European Parliament
  , under
  the authority
  of its Authorising Officer or under that of the Authority
  , shall make public
  the following
  on a website created for that purpose,
  in an open, machine readable format
  : | 1.   The European Parliament
  , or
  the Authority
  , in accordance with the distribution of their responsibilities
  , shall make public
  in an open, machine readable format
  on a website created for that purpose,
  the following
  : |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The European Parliament
  , under
  the authority
  of its Authorising Officer or under that of the Authority
  , shall make public
  the following
  on a website created for that purpose,
  in an open, machine readable format
  :

1.   The European Parliament
  , or
  the Authority
  , in accordance with the distribution of their responsibilities
  , shall make public
  in an open, machine readable format
  on a website created for that purpose,
  the following
  :

Amendment 110

Amendment 110

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 1 — point f

Article 36 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | the contributions referred to in Article 23(9) and (10) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the member parties or organisations which made those contributions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

the contributions referred to in Article 23(9) and (10) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the member parties or organisations which made those contributions;

| (f) | the
  contributions and association fees
  referred to in Article 23(9) and (10) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the
  individual members,
  member parties or organisations which made those contributions
  , with the exception of contributions above EUR 1 500 up to and including EUR 3 000 per year from natural persons where those persons have not given their written consent to such publication
  ; |
| --- | --- |

(f)

the
  contributions and association fees
  referred to in Article 23(9) and (10) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the
  individual members,
  member parties or organisations which made those contributions
  , with the exception of contributions above EUR 1 500 up to and including EUR 3 000 per year from natural persons where those persons have not given their written consent to such publication
  ;

contributions and association fees

individual members,

, with the exception of contributions above EUR 1 500 up to and including EUR 3 000 per year from natural persons where those persons have not given their written consent to such publication

Amendment 111

Amendment 111

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 1 — point f a (new)

Article 36 — paragraph 1 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | the association fees referred to in Article 23(9a) and (10a) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the parties or organisations which made those payments; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fa)

(fa)

the association fees referred to in Article 23(9a) and (10a) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the parties or organisations which made those payments;

the association fees referred to in Article 23(9a) and (10a) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the parties or organisations which made those payments;

Amendment 112

Amendment 112

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 1 — point f b (new)

Article 36 — paragraph 1 — point f b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fb) | the ancillary own resources referred to in Article 23(13) and reported by European political parties and European political foundations in accordance with Article 23(2); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fb)

(fb)

the ancillary own resources referred to in Article 23(13) and reported by European political parties and European political foundations in accordance with Article 23(2);

the ancillary own resources referred to in Article 23(13) and reported by European political parties and European political foundations in accordance with Article 23(2);

Amendment 113

Amendment 113

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 2

Article 36 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The
  European Parliament
  shall make public the list of legal persons who are members of a European political party, as annexed to the party statutes in accordance with Article 4(2) and updated in accordance with Article 10(6), as well as the total number of individual members. | 2.   The
  Authority
  shall make public the list of legal persons who are members of a European political party, as annexed to the party statutes in accordance with Article 4(2) and updated in accordance with Article 10(6), as well as the total number of individual members. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The
  European Parliament
  shall make public the list of legal persons who are members of a European political party, as annexed to the party statutes in accordance with Article 4(2) and updated in accordance with Article 10(6), as well as the total number of individual members.

2.   The
  Authority
  shall make public the list of legal persons who are members of a European political party, as annexed to the party statutes in accordance with Article 4(2) and updated in accordance with Article 10(6), as well as the total number of individual members.

Amendment 114

Amendment 114

Proposal for a regulation

Proposal for a regulation

Article 37 — paragraph 8

Article 37 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.   European political parties and European political foundations, the Member States and the independent bodies or experts authorised to audit accounts under this Regulation shall be liable in accordance with applicable national law for any damage they cause in the processing of personal data pursuant to this Regulation. The Member States shall ensure that effective, proportionate and dissuasive sanctions are applied for infringements of this Regulation
  , of Regulation (EU) 2016/679 and of the national provisions adopted pursuant thereto, and in particular for the fraudulent use of personal data
  . | 8.   European political parties and European political foundations, the Member States and the independent bodies or experts authorised to audit accounts under this Regulation shall be liable in accordance with applicable national law for any damage they cause in the processing of personal data pursuant to this Regulation. The Member States shall
  , without prejudice to Regulation (EU) 2016/679,
  ensure that effective, proportionate and dissuasive sanctions are applied for infringements of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.   European political parties and European political foundations, the Member States and the independent bodies or experts authorised to audit accounts under this Regulation shall be liable in accordance with applicable national law for any damage they cause in the processing of personal data pursuant to this Regulation. The Member States shall ensure that effective, proportionate and dissuasive sanctions are applied for infringements of this Regulation
  , of Regulation (EU) 2016/679 and of the national provisions adopted pursuant thereto, and in particular for the fraudulent use of personal data
  .

8.   European political parties and European political foundations, the Member States and the independent bodies or experts authorised to audit accounts under this Regulation shall be liable in accordance with applicable national law for any damage they cause in the processing of personal data pursuant to this Regulation. The Member States shall
  , without prejudice to Regulation (EU) 2016/679,
  ensure that effective, proportionate and dissuasive sanctions are applied for infringements of this Regulation.

Amendment 115

Amendment 115

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 2 a (new)

Article 44 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Any procedural steps and decisions previously taken by the European Parliament, the Council or the Commission, the Authorising Officer of the European Parliament or the Authority in accordance with, or on the basis of, Regulation (EU, Euratom) No 1141/2014 shall remain applicable and be construed in light of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Any procedural steps and decisions previously taken by the European Parliament, the Council or the Commission, the Authorising Officer of the European Parliament or the Authority in accordance with, or on the basis of, Regulation (EU, Euratom) No 1141/2014 shall remain applicable and be construed in light of this Regulation.

Amendment 117

Amendment 117

Proposal for a regulation

Proposal for a regulation

Annex II — Part 2 — indent 5 a (new)

Annex II — Part 2 — indent 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | in cases where targeting techniques are used, any information required pursuant to Regulation (EU) 2016/679. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

in cases where targeting techniques are used, any information required pursuant to Regulation (EU) 2016/679.

in cases where targeting techniques are used, any information required pursuant to Regulation (EU) 2016/679.

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(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0223/2022).

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