30/10/2019
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
establishing the Programme for single market, competitiveness of enterprises, including small and medium-sized enterprises, and European
statistics and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014, (EU) No 258/2014, (EU) No 652/2014 and (EU)
2017/826
2018/0231 (COD)
(text with EEA relevance)
PART 1: RECITALS
Cell in green: The text can be deemed as already agreed
Cell in yellow: The issue needs further discussion at technical level
Cell in red: The issue needs further discussion in depth at the trilogue meetings
Cell in grey: The issue has not been agreed in the framework of the interinstitutional negotiations
Note:
Differences between the EP's position and the Commission's proposal are highlighted in Bold/Italics.
Differences between the Council's position and the Commission's proposal are highlighted in Bold/Italics.
Modifications by lawyer-linguists are in Italics.
Deletions are not marked. Compromise wording is in Bold/Italics/Underline.
1
Row
COMMISSION
EP
COUNCIL - PARTIAL
POSSIBLE
COM(2018)441 final
GENERAL APPROACH
COMPROMISE
SOLUTION
1.
Proposal for a
Proposal for a
Proposal for a
REGULATION
OF
THE REGULATION
OF
THE
REGULATION
OF
THE
Yellow
EUROPEAN
PARLIAMENT EUROPEAN
PARLIAMENT EUROPEAN PARLIAMENT
AND OF THE COUNCIL
AND OF THE COUNCIL
AND OF THE COUNCIL
establishing the Programme for establishing the Programme for establishing the Programme for
single market, competitiveness of single market, competitiveness of single market, competitiveness
enterprises, including small and enterprises, including small and of enterprises, including small
medium-sized enterprises, and medium-sized enterprises, and
and medium-sized enterprises
,
European statistics and repealing European statistics and repealing
the area of plants, animals,
Regulations (EU) No 99/2013, Regulations (EU) No 99/2013,
food and feed, and European
(EU) No 1287/2013, (EU) No (EU) No 1287/2013, (EU) No
statistics
and
repealing
254/2014, (EU) No 258/2014, 254/2014, (EU) No 258/2014, Regulations (EU) No 99/2013,
(EU) No 652/2014 and (EU) (EU) No 652/2014 and (EU)
(EU) No 1287/2013, (EU) No
2017/826
2017/826
254/2014, (EU) No 258/2014,
(EU) No 652/2014 and (EU)
2017/826
2.
(1)
The internal market is a (1)
The internal market is a (1) The internal market is a
cornerstone of the Union. Since its cornerstone of the Union. Since cornerstone of the Union. Since
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inception, it has proved a major
its inception, it has proved a
its inception, it has proved a
contributor
to
growth, major contributor to growth,
major contributor to growth,
competitiveness and employment.
competitiveness
and
competitiveness
and
It has generated new opportunities employment. It has generated
employment. It has generated
and economies of scale for new opportunities and economies new
opportunities
and
European
businesses,
notably of scale for European businesses, economies
of
scale
for
2
micro, small and medium sized notably micro, small and medium European businesses, notably
enterprises
(SMEs),
and sized enterprises (SMEs), and
micro, small and medium sized
strengthened
their
industrial strengthened
their
industrial enterprises
(SMEs),
and
competitiveness.
The
internal
competitiveness
, and it should
strengthened their industrial
market contributed to the creation
continue benefitting all citizens competitiveness. The internal
of jobs and offered greater choice
equally. The internal market
market contributed to the
at lower prices for consumers. It contributed to the creation of jobs creation of jobs and offered
continues to be an engine for and offered greater choice at greater choice at lower prices
building a stronger, more balanced
lower prices for consumers
while for consumers. It continues to
and fairer economy. It is one of the
guaranteeing high quality of be an engine for building a
Union's major achievements and
products and services offered. It
stronger, more balanced and
its best asset in an increasingly continues to be an engine for fairer economy. It is one of the
global world.
building
a more integrated
Union's major achievements
market and a stronger, more
and its best asset in an
balanced and fairer economy. It
increasingly global world.
is one of the Union's major
achievements and its best asset in
an increasingly global world
, as
well as being core element in
achieving the transformation
into a resource- and energy-
efficient sustainable economy to
respond
to
the
increasing
pressure of climate change.
[Am. 1]
3.
(2)
The internal market has to (2)
The internal market has to (2) The internal market has to
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continuously adapt to a rapidly continuously adapt to a rapidly continuously adapt to a rapidly
changing environment of digital changing environment of digital
changing environment of digital
3
revolution and globalisation. A revolution and globalisation. A revolution and globalisation. A
new era of digital innovation new era of digital innovation new era of digital innovation
continues to provide opportunities continues
to
provide
continues
to
provide
for businesses and individuals, opportunities
and benefits to the opportunities for businesses and
creates new products and business
economy and to daily lives, individuals,
creates
new
models but equally constitutes a
especially for businesses and
products and business models
challenge
to
regulation
and
individuals, creates new products
and new opportunities for the
enforcement.
and business models but equally
efficient production of high-
constitutes
a
challenge
to
quality statistics but equally
regulation and enforcement
, and
constitutes a challenge to
to consumer protection and regulation and enforcement.
safety.
[Am. 2]
4.
(3)
The substantial body of (3)
The substantial body of
(3) The substantial body of
Union legislation underpins the Union legislation underpins the Union legislation underpins the
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functioning of the internal market.
functioning
of
the
internal
functioning of the internal
This concerns, in particular,
market.
This
concerns,
in market. This concerns, in
competitiveness, standardisation, particular,
competitiveness,
particular,
competitiveness,
consumer
protection,
market
standardisation
,
mutual
standardisation
,
conformity
surveillance
and
food
chain
recognition,
consumer
assessment,
consumer
regulation
but
also
rules protection, market surveillance protection, market surveillance
concerning business, trade and
and food chain regulation but and food chain regulation
the
financial transactions and the also rules concerning business,
plant, animal, food and feed
promotion of fair competition trade and financial transactions
area, but also rules concerning
providing for a level playing field
and the promotion of fair
business, trade and financial
essential for the functioning of the competition providing for a level
transactions
, the production of
internal market.
playing field essential for the
European statistics and the
functioning of the internal market
promotion of fair competition
providing for a level playing
4
for the benefit of consumers and field
essential
for
the
businesses.
[Am. 3]
functioning of the internal
market.
5.
(4)
Still, barriers to the proper
(4)
Still,
unjustified, (4)
Still,
unjustified
or
functioning of the internal market
discriminatory
and disproportionate barriers to
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remain and the new obstacles
disproportionate barriers to the
the proper functioning of the
emerge. Adopting rules is only a
proper functioning of the internal internal market remain and the
first step, but making them work is
market
, remain and the new
new
obstacles
emerge.
as important. This is ultimately a
obstacles emerge. Adopting rules Adopting rules is only a first
matter of citizens' trust in the
is only a first step, but making step, but making them work is
Union, in its capacity to deliver,
them work is as important. This
as important. This is ultimately
and ability to create jobs and
Inadequate
enforcement
of a matter of citizens' trust in the
growth while protecting the public
existing rules, barriers to free
Union, in its capacity to deliver,
interest.
movement
of
goods
and and ability to create jobs and
services, and low levels of cross-
growth while protecting the
border public procurement limit public interest.
the opportunities for businesses
and consumers. Addressing
such obstacles is ultimately a
matter of citizens' trust in the
Union, in its capacity to deliver,
and
its ability to create
quality
jobs and growth while protecting
the public interest.
[Am. 4]
6.
(5)
Several programmes for
(5)
Several programmes for (5) Several programmes for
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Union action exist currently in the Union action exist currently in
Union action exist currently in
fields
of
competitiveness
of the fields of competitiveness of the fields of competitiveness of
5
enterprises
including
SMEs, enterprises
including
SMEs
, enterprises including SMEs,
consumer protection, customers
especially micro, small and consumer protection, customers
and end-users in financial services,
medium-sized
enterprises,
and end-users in financial
policy making in financial services consumer protection, customers
services, policy making in
and food chain. Some additional and
end-users
in
financial
financial services and food
activities are financed directly services,
policy
making
in
chain
in the plant, animal, food
under the internal market budget
financial services and food chain.
and feed area. Some additional
lines. It is necessary to streamline Some additional activities are activities are financed directly
and exploit synergies between
financed directly under the under the internal market
various actions and provide for a internal market budget lines. It is
budget lines. It is necessary to
more flexible and agile framework necessary to streamline and
streamline
and
exploit
to finance activities aiming to exploit
synergies
between
synergies
between
various
achieve a well-functioning internal
various actions and provide for a actions and provide for a more
market in the most cost-efficient more
flexible
,
transparent, flexible and agile framework to
manner. It is therefore necessary to
simplified and agile framework
finance activities aiming to
establish
a
new
programme to finance activities aiming to
achieve
a
well-functioning
bringing
together
activities achieve a well-functioning
and
internal market in the most cost-
financed previously under those
sustainable internal market in the
efficient manner. It is therefore
other programmes and other most cost-efficient manner. It is
necessary to establish a new
relevant
budget
lines.
The therefore necessary to establish a
programme bringing together
programme should also include new
programme
bringing activities financed previously
new initiatives which aim to
together
activities
financed
under those other programmes
improve the functioning of the previously under those other
and other relevant budget lines.
internal market.
programmes and other relevant
The programme should also
budget lines
that draws the include new initiatives which
lessons to be learned from
aim to improve the functioning
existing
programmes.
The
of the internal market.
programme should also include
6
new initiatives which aim to
improve the functioning of the
internal
market
,
avoiding
duplication with related Union
programmes
and
actions.
[Am. 5]
7.
(6)
The
development,
(6)
The
development, (6)
The
development,
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production and dissemination of
production and dissemination of
production and dissemination
European statistics are subject to a
European statistics are subject to
of European statistics are
separate
European
Statistical
a separate European Statistical subject to a separate European
Programme
established
by
Programme
established
by Statistical
Programme
Regulation (EU) No 99/2013 of
Regulation (EU) No 99/2013 of
established by Regulation (EU)
the European Parliament and of the
the European Parliament and of No 99/2013 of the European
Council47. In order to provide
the Council47. In order to provide Parliament and of the Council1.
continuity
of
producing
and
continuity of producing and
In order to provide continuity of
disseminating European statistics,
disseminating
European
producing and disseminating
the new programme should also
statistics, the new programme European statistics, the new
include activities covered by the
should also include activities
programme should also include
European Statistical Programme
covered
by
the
existing activities
covered
by
the
by providing a framework for the
European Statistical Programme European
Statistical
development,
production
and
by providing a framework for the Programme by providing a
dissemination
of
European
collection of data, as well as for
framework
for
the
statistics. The new programme
the development, production
, the development, production and
should establish the financial
correct use, application and dissemination
of
European
framework for European statistics
dissemination
of
European
statistics. The new programme
to
provide
high-quality,
statistics. The new programme should establish the financial
comparable and reliable statistics
should establish the financial
framework
for
European
7
on Europe in order to underpin the
framework
for
European
statistics to provide high-
design,
implementation,
statistics to provide high-quality,
quality,
comparable
and
monitoring and evaluation of all
comparable
and
reliable reliable
European statistics on
Union policies.
European statistics on Europe,
Europe in order to underpin the
_________________
also on matters such trade and design,
implementation,
47 Regulation (EU) No 99/2013 of
migration, in order to underpin monitoring and evaluation of all
the European Parliament and of the
the
design,
implementation, Union
policies.
The
Council of 15 January 2013 on the
monitoring and evaluation of all
professional independence as
European statistical programme
Union policies
in accordance
one of the most important
2013-17 (OJ L 39, 9.2.2013, p 12).
with Article 3 of the Treaty on principles is seen as a
European Union.
[Am. 6]
necessary prerequisite for the
_________________
development, production and
47 Regulation (EU) No 99/2013 of
dissemination of European
the European Parliament and of
statistics.
the Council of 15 January 2013
on the European statistical _________________
programme 2013-17 (OJ L 39,
1 Regulation (EU) No 99/2013
9.2.2013, p 12).
of the European Parliament and
of the Council of 15 January
2013 on the European statistical
programme 2013-17 (OJ L 39,
9.2.2013, p 12).
8.
(6a) High-quality European
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statistics developed, produced
and disseminated under the
European
Statistical
Programme are essential for
evidence-based
decision
8
making European statistics
should be available in a timely
manner, in accordance with
the
principles
of
the
European statistics Code of
Practice,
and
should
contribute
to
the
implementation
of
Union
policies as reflected in the
Treaty on the Functioning of
the European Union, notably
strengthened and integrated
economic governance, social,
economic
and
territorial
cohesion,
sustainable
development,
agricultural
policy, the social dimension of
Europe and globalisation.
9.
(6b) European statistics are
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indispensable
for
Union
decision-making and for the
measurement
of
the
performance and impact of
Union initiatives. Therefore,
the continued provision and
development of European
statistics, taking a Union-wide
approach and going beyond
9
an
internal
market
perspective should be ensured
in order to cover all Union
activities and policy areas,
including
empowering
businesses and citizens to take
informed decisions. In order
to respond correctly to policy-
making requirements, gender
disaggregated
data
is
necessary,
where
appropriate.
10.
(6c) In view of its horizontal
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character,
the
European
Statistical
Programme
is
subject
to
specific
requirements and notably
those laid down in Regulation
(EC) No 223/2009 of the
European Parliament and of
the Council1a, in particular
with regard to the respect of
statistical
principles,
the
functioning of the European
Statistical System and its
governance, including the
role and tasks assigned to the
European Statistical System
10
Committee
and
to
the
Commission (Eurostat), the
establishment
and
implementation
of
the
programming
of
the
statistical activities.
_______
1a
Regulation
(EC)
No 223/2009 of the European
Parliament and of the Council
of
11 March 2009
on
European
statistics
and
repealing Regulation (EC,
Euratom) No 1101/2008 of the
European Parliament and of
the
Council
on
the
transmission of data subject
to statistical confidentiality to
the Statistical Office of the
European
Communities,
Council
Regulation
(EC)
No 322/97 on Community
Statistics,
and
Council
Decision 89/382/EEC, Eurato
m establishing a Committee
on the Statistical Programmes
11
of the European Communities
(OJ L 87, 31.3.2009, p. 164).
11.
(6d) The Programme has
Yellow
been submitted for prior
examination to the European
Statistical System Committee
in
accordance
with
Regulation (EC) No 223/2009.
12.
(7)
It is therefore appropriate
(7)
It is therefore appropriate (7) It is therefore appropriate to
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to establish a Programme for the to establish a
the Single Market
establish a Programme for the
internal market, competitiveness Programme for
strengthening internal
market,
of enterprises, including micro,
the
internal
market,
and
competitiveness of enterprises,
small
and
medium-sized
improving its functioning in the including micro, small and
enterprises, and European statistics
fields of competitiveness
and
medium-sized
enterprises
,
(the
'Programme').
The
sustainability
of
enterprises,
protection and empowering of
Programme should be established including
especially micro, small
citizens and consumers, the
for the duration of seven years
and medium-sized enterprises,
area of plants, animals, food
from 2021 to 2027.
standardisation,
market and
feed,
and
European
surveillance,
consumer statistics (the 'Programme').
protection, food supply chain
The Programme should be
and European statistics (the established for the duration of
'Programme'). The Programme seven years from 2021 to 2027.
should be established for the
duration of seven years from
2021 to 2027.
[Am. 7]
13.
(8)
The Programme should
(8)
The Programme should (8) The Programme should
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support
the
design,
support
the
design,
support
the
design,
12
implementation and enforcement
implementation and enforcement
implementation
and
of Union legislation underpinning
of
Union
legislation enforcement
of
Union
the proper functioning of the
underpinning
the
proper
legislation underpinning the
internal market. The Programme
functioning of the
internal
proper functioning of the
should support the creation of the
market. The Programme should internal
market.
The
right conditions to empower all
support the creation of the right
Programme should support the
actors of the internal market:
conditions to empower all actors
creation of the right conditions
businesses,
citizens
including
of
the
internal
market:
to empower all actors of the
consumers, civil society and public
businesses, citizens including internal market: businesses,
authorities. To that end, the
consumers,
and employees, civil
citizens including consumers,
Programme should aim to ensure
society and public authorities. To civil
society
and
public
the competitiveness of businesses,
that end, the Programme should authorities. To that end, the
notably SMEs, but also supporting
aim
to
ensure
the
Programme should aim to
the enforcement of consumer
competitiveness
and
ensure the competitiveness
and
protection and safety rules and by
sustainability
of
businesses,
the capacity building
of
raising the awareness of businesses
notably SMEs,
especially micro, businesses,
notably
SMEs
,
and individuals by providing them
small
and
medium-sized including in the tourism
with the right tools, knowledge and
enterprises, including those in sector, but also supporting the
competence to make informed
the tourism sector, but also
enforcement
of
consumer
decisions and strengthen their
supporting the enforcement of
protection and safety rules and
participation in Union’s policy-
consumer protection and safety by raising the awareness of
making.
Furthermore,
the
rules
as well as environmental businesses and individuals by
Programme should aim to enhance
and social standards, and by providing them with the right
regulatory
and
administrative
raising
the
awareness
of tools,
knowledge
and
cooperation,
notably
through
businesses and individuals by competence to make informed
exchange
of
best
practices,
providing them with the right
decisions and strengthen their
building
of
knowledge
and
tools,
appropriate information participation in Union’s policy-
competence bases, including the
and assistance, knowledge and
making.
Furthermore,
the
13
use
of
strategic
public
competence to make informed
Programme should aim to
procurement.
The
Programme
decisions and strengthen their enhance
regulatory
and
should also aim to support the
participation in Union’s policy-
administrative
cooperation,
development
of
high-quality
making.
Furthermore,
the notably through exchange of
international
standards
that
Programme
should
aim
to best practices, building of
underpin the implementation of
enhance
regulatory
and
knowledge and competence
Union
legislation.
This
also
administrative
cooperation,
bases, including the use of
includes standard setting in the
notably
through
training strategic public procurement.
field of financial reporting and
programmes, exchange of best
The Programme should also
audit, thereby contributing to the
practices, building of knowledge
aim to support the development
transparency and well-functioning
and competence bases, including of high-quality
European and
of the Union’s capital markets and
the use of strategic public
international
standards
that
to enhancing investor protection.
procurement. The Programme underpin the implementation of
The Programme should support
should also aim to support the Union legislation. This also
rulemaking and standard setting
development of high-quality includes standard setting in the
also by ensuring the broadest
international
standards
that field of financial reporting and
possible stakeholder involvement.
underpin the implementation of audit, thereby contributing to
The objective of the Programme
Union legislation. This also
the transparency and well-
should also be to support the
includes standard setting in the functioning of the Union’s
implementation and enforcement
field of financial reporting and capital
markets
and
to
of Union legislation providing for
audit, thereby contributing to the enhancing investor protection.
a high level of health for humans,
transparency
and
well-
The Programme should support
animals and plants along the food
functioning of the Union’s
rulemaking and standard setting
chain and the improvement of the
capital markets and to enhancing also by ensuring the broadest
welfare of animals.
investor
protection.
The
possible
stakeholder
Programme
should
support involvement. The objective of
rulemaking and standard setting
the Programme should also be
also by ensuring the broadest
to support the implementation
14
possible
stakeholder
and enforcement of Union
involvement. The objective of
legislation providing for a high
the Programme should also be to level of health for humans,
support the implementation and animals and plants along the
enforcement of Union legislation food
chain
and
the
providing for a high level of
improvement
protection of
the
health for humans, animals and
well-being of people and the
plants along the food chain and
welfare of animals
, food and
the improvement of the welfare
feed safety whilst respecting
of animals.
[Am. 8]
the principles of sustainable
development.
Furthermore,
the
programme
should
support the production of
high-quality
European
statistics in accordance with
the statistical principles set
out
in
Regulation
(EC)
No 223/2009
and
further
elaborated in the European
Statistics Code of Practice.
14.
(9)
A modern internal market
(9)
A modern internal market (9) A modern internal market
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promotes competition and benefits
that is based on principles of
promotes
competition
and
consumers,
businesses
and
fairness,
transparency
and benefits consumers, businesses
employees. Making better use of
mutual
trust,
promotes and employees. Making better
the ever evolving internal market
competition
and
benefits
use of the ever evolving internal
in services should help European
consumers,
businesses
and market in services should help
businesses create jobs and grow
employees. Making better use of European businesses create jobs
across borders, offer wider choice
the ever evolving internal market and grow across borders, offer
15
of services at better prices, and
in services should help European wider choice of services at
maintain
high
standards
for
businesses create jobs and grow
better prices, and maintain high
consumers
and
workers.
To
across borders, offer wider standards for consumers and
achieve this, the Programme
choice of services at better workers. To achieve this, the
should contribute to the removal of
prices,
and
maintain
high
Programme should contribute
remaining barriers, and to ensure a
standards for consumers and
to the removal of remaining
regulatory framework that can
workers. To achieve this, the
unjustified
or
accommodate
new
innovative
Programme should contribute to
disproportionate barriers, and
business models.
better monitoring of internal to
ensure
a
regulatory
market developments, including framework
that
can
of
the
impact
of
new
accommodate new innovative
technological development, the business
models
including
identification and the removal of
social entrepreneurship as
remaining
unjustified, well
as
non-technological
discriminatory
and innovation.
disproportionate barriers, and to
ensure a
that the regulatory
framework
that
can
accommodate new innovative
business
models
,
including
collaborative economy models
and social entrepreneurship,
while ensuring a high-level of
social protection, including for
entrepreneurs.
[Am. 9]
15.
(10)
Regulatory obstacles in the
(10)
Regulatory obstacles in (10) Regulatory obstacles in the
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internal market have been removed
the internal market have been
internal market have been
16
for many industrial products
removed for many industrial removed for many industrial
through prevention mechanisms,
products
through
prevention products through prevention
the adoption of common rules and,
mechanisms, the adoption of mechanisms, the adoption of
where no such Union rules exist,
common rules
and standards, common rules and, where no
through the principle of mutual
and, where no such Union rules
such Union rules exist, through
recognition. In areas where no
exist, through the principle of
the
principle
of
mutual
Union legislation exists, the
mutual recognition. In areas
recognition. In areas where no
principle of mutual recognition
where
no Union legislation Union legislation exists, the
means that goods that are lawfully
exists, the principle of mutual principle of mutual recognition
marketed in one Member State
recognition means that goods
means that goods that are
enjoy the right to free movement
that are lawfully marketed in one lawfully marketed in one
and can be sold in another Member
Member State enjoy the right to
Member State enjoy the right to
State.
However,
inadequate
free movement and can be sold in free movement and can be sold
application of mutual recognition
another Member State
, unless in another Member State.
makes it harder for companies to
the Member State concerned
However,
inadequate
access markets in other Member
has grounds to oppose the application
of
mutual
States. Despite the high degree of
marketing
of
the
goods, recognition makes it harder for
market integration in the area of
provided that such a restriction companies to access markets in
goods,
this
leads
to
lost
is non-discriminatory, justified other Member States. Despite
opportunities for the economy at
by legitimate public interest the high degree of market
large. The Programme should
objectives, as set out in Article integration in the area of goods,
therefore aim to improve the
36 of the Treaty or recognised this leads to lost opportunities
application of mutual recognition
by the case-law of the Court of for the economy at large. The
in the area of goods and to reduce
Justice, and proportionate to the Programme should therefore
the number of illegal and non-
aim
pursued.
However,
aim to improve the application
compliant goods entering the
inadequate application of mutual of mutual recognition in the
market.
recognition
such as unjustified area of goods and to reduce the
or disproportionate restrictions number of illegal and non-
17
makes it harder for companies to compliant goods entering the
access markets in other Member market
through
the
States. Despite the high degree of
reinforcement
of
market
market integration in the area of
surveillance.
goods,
this
leads
to
lost
opportunities for the economy at
large.
The
revision
of
Regulation (EU) No xxx/ 2018
on Mutual Recognition will help
to boost the economic benefits in
this area. The
Programme
should therefore aim to improve
the
application
of
mutual
recognition in the area of goods
,
realising its full potential and to
reduce the number of illegal and
non-compliant goods entering
the market
, through targeted
awareness raising and training,
support for Product Contact
Points and better cooperation
among competent authorities
for mutual recognition and by
strengthening
market
surveillance.
[Am. 10]
16.
(11)
New
regulatory
and
(11)
New
regulatory
and (11)
New
regulatory
and
Yellow
enforcement challenges relate to a
enforcement challenges relate to enforcement challenges relate
18
rapidly changing environment of
a rapidly changing environment to
a
rapidly
changing
the digital revolution, concerning
of
the
digital
revolution, environment of the digital
issues such as cybersecurity,
concerning
issues
such
as
revolution, concerning issues
internet of things or artificial
cybersecurity,
data protection
such as cybersecurity, internet
intelligence.
Should
damage
and privacy, internet of things or of
things
or
artificial
occur, stringent rules on product
artificial intelligence
and related
intelligence. Should damage
safety and liability are essential to
ethical
standards.
Should occur,
stringent
rules
on
ensure a policy response that
damage occur, stringent rules on product safety and liability are
allows
European
citizens,
product safety and
clarity with
essential to ensure a policy
including
consumers
and
regard to liability
, as well as
response that allows European
businesses, to benefit from such
strict enforcement of rules are
citizens, including consumers
rules. The Programme should
essential to ensure a policy and businesses, to benefit from
therefore contribute to the rapid
response that allows European
such rules. The Programme
adaptation and enforcement of a
citizens, including consumers
should therefore contribute to
Union product liability regime
and businesses, to benefit from the
rapid
adaptation
and
which fosters innovation.
such rules. The Programme enforcement of a Union product
should therefore contribute to the liability regime which fosters
rapid adaptation and
better innovation.
enforcement of a Union product
liability regime which fosters
innovation
whilst ensuring the
safety and security of users.
[Am. 11]
17.
(12)
Placing on the market of
(12)
Placing on the market of
(12) Placing on the market of
Yellow
products that are not compliant products that are not compliant products that are not compliant
with Union law puts those who with Union law puts
regardless
with Union law puts those who
comply at disadvantage and may
of whether such products are comply at disadvantage and
19
endanger
consumers.
Many
placed on the market by may
endanger
consumers.
entrepreneurs disregard the rules
traditional or electronic means Many entrepreneurs disregard
either through lack of knowledge
and regardless of whether they the rules either through lack of
or
intentionally
to
gain
a
are produced in the Union or knowledge or intentionally to
competitive advantage. Market
enter it from third countries, gain a competitive advantage.
surveillance authorities are often
puts
Union
citizens
and Market surveillance authorities
underfunded and constrained by
consumers at risk. Economic are often underfunded and
national
boundaries,
while
operators
selling
compliant constrained
by
national
entrepreneurs trade at Union or
products
face
distorted boundaries, while entrepreneurs
even global level. In particular, in
competition from those who
do
trade at Union or even global
the case of e-commerce, market
not comply at disadvantage and
level. In particular, in the case
surveillance authorities have great may endanger consumers. Many of
e-commerce,
market
difficulties
in
tracing
non-
entrepreneurs disregard
with the surveillance authorities have
compliant products imported from
rules either through
due to lack of
great difficulties in tracing non-
third countries and identifying the knowledge or intentionally to
compliant products imported
responsible entity within their gain a competitive advantage.
from
third
countries
and
jurisdiction.
The
Programme Market surveillance authorities identifying
the
responsible
should therefore seek to strengthen are
often
underfunded
and
entity within their jurisdiction.
product compliance by providing constrained
by
national
The
Programme
should
the
right
incentives
to boundaries, while entrepreneurs
therefore seek to strengthen
entrepreneurs,
intensifying trade at Union or even global
product
compliance
by
compliance checks and promoting level. In particular, in the case of providing the right incentives to
closer cross-border cooperation e-commerce, market surveillance entrepreneurs,
intensifying
among enforcement authorities. authorities have great difficulties compliance
checks
and
The Programme should also in
tracing
non-compliant
promoting closer cross-border
contribute to the consolidation of products imported from third cooperation
among
the existing framework for market countries and identifying the enforcement authorities. The
surveillance activities, encourage responsible entity within their
Programme
should
also
20
joint actions of market surveillance
jurisdiction
or conducting risk- contribute to the consolidation
authorities from different Member
assessments or safety tests due to of the existing framework for
States, improve the exchange of
the lack of physical access to market surveillance activities,
information
and
promote
products. The Programme should
encourage joint actions of
convergence and closer integration therefore seek to strengthen
market surveillance authorities
of market surveillance activities.
product compliance by providing from different Member States,
the
right
incentives
to improve
the
exchange
of
entrepreneurs
clear, transparent information
and
promote
and comprehensive rules to convergence
and
closer
economic operators, raising integration
of
market
awareness of applicable Union surveillance activities.
product safety rules, intensifying
compliance
checks
and
,
including through systematic
use of checks on samples of
products
representing
significant percentages of each
type of products placed on the
market and mystery shopping
carried
out
by
market
surveillance authorities as well
as by promoting closer cross-
border
cooperation
among
enforcement authorities. The
Programme
should
also
contribute to the consolidation of
the existing framework for
market surveillance activities,
21
encourage joint actions of market
surveillance authorities from
different
Member
States,
improve
the
exchange
of
information
and
promote
convergence
and
closer
integration
of
market
surveillance
activities
,
in
particular by ensuring that the
new requirements introduced by
the Regulation (EU) 2018/858 of
the European Parliament and of
the
Council1a
are
strictly
enforced so as to avoid the sale
of non-compliant products to
European
citizens.
The
Programme
should
thus
strengthen the capacity of the
market surveillance authorities
across the Union and contribute
to
a
greater
homogeneity
between Member States, equally
benefitting from the Internal
Market in terms of economic
prosperity
and
sustainable
growth, while addressing their
specific needs in a tailored
manner.
[Am. 12]
22
______________________
1a Regulation (EU) 2018/858 of
the European Parliament and of
the Council of 30 May 2018 on
the
approval
and
market
surveillance of motor vehicles
and their trailers, and of
systems,
components
and
separate
technical
units
intended for such vehicles,
amending Regulations (EC) No
715/2007 and (EC) No 595/2009
and
repealing
Directive
2007/46/EC
(OJ
L
151,
14.6.2018, p. 1).
18.
(13)
Product safety is a common
(13)
Product
safety
is
a
(13)
Product safety is a
Yellow
concern.
The
conformity
common
concern.
The
common
concern.
The
assessment bodies verify whether
conformity assessment bodies
conformity assessment bodies
products
meet
the
safety
verify whether products meet the verify whether products meet
requirements before they are
safety requirements before they the safety requirements before
placed on the market. It is therefore
are placed on the market. It is
they are placed on the market. It
of paramount importance that the
therefore
of
paramount is
therefore of paramount
conformity assessment bodies are
importance that the conformity importance that the conformity
reliable and competent. The Union
assessment bodies are reliable assessment bodies are reliable
has put in place a system of
and competent. The Union has and competent. The Union has
accreditation of the conformity
put in place a system of
put in place a system of
assessment bodies, verifying their
accreditation of the conformity accreditation of the conformity
competence,
impartiality
and
assessment bodies, verifying assessment bodies, verifying
23
independence. The main challenge
their competence, impartiality their competence, impartiality
is now to keep the accreditation
and independence.
However,
and independence. The main
system in line with the latest state
Regulation (EC) No 765/2008 of
challenge is now to keep the
of the art and to ensure that it is
the European Parliament and of accreditation system in line
applied with the same stringency
the
Council48
has
been
with the latest state of the art
across the Union. The Programme
implemented in many different
and to ensure that it is applied
should therefore support measures
ways at national level. Those with the same stringency across
to
ensure
that
conformity
differences
concern
the the Union. The Programme
assessment
bodies
continue
distribution
of
competences
should
therefore
support
fulfilling
the
regulatory
between market surveillance measures
to
ensure
that
requirements and to enhance the
authorities and the internal conformity assessment bodies
European accreditation system, in
coordination mechanisms at continue
fulfilling
the
particular in new policy areas, by
national level, the level of regulatory requirements and to
supporting the European co-
deployed financial resources enhance
the
European
operation for Accreditation (EA)
dedicated to market surveillance accreditation
system,
in
referred to in Article 14 of
and the market surveillance particular in new policy areas,
Regulation (EC) No 765/2008 of
strategies and approaches, as by supporting the European co-
the European Parliament and of the
well as the powers with regard to
operation for Accreditation
Council48.
non-compliant products and the (EA) referred to in Article 14 of
_______________
level
of
penalties
for
Regulation (EC) No 765/2008
48 Regulation (EC) No 765/2008 of
infringements, resulting in the of the European Parliament and
the European Parliament and of the
fragmented
enforcement
of of the Council2
Council of 9 July 2008 setting out
Union
harmonisation
the requirements for accreditation
legislation. This fragmentation _______________
and market surveillance relating to
has lead to market surveillance 2 Regulation (EC) No 765/2008
the marketing of products and
being more rigorous in some of the European Parliament and
repealing Regulation (EEC) No
Member States than in others, of the Council of 9 July 2008
potentially undermining the setting out the requirements for
24
339/93 (OJ L 218, 13.8.2008, p.
deterrent
effect
of
the accreditation
and
market
30).
legislation, creating an unequal surveillance relating to the
playing field among businesses marketing of
products and
in some Member States and
repealing Regulation (EEC) No
resulting in imbalances in the 339/93 (OJ L 218, 13.8.2008, p.
level of product safety in the 30).
Union. The main challenge is
now to keep the accreditation
system in line with the latest state
of the art and to ensure that it is
applied with the same stringency
across
the
Union.
The
Programme should therefore
support measures to ensure that
conformity assessment bodies
continue fulfilling the regulatory
requirements
,
especially
through the use of third-party
assessment in order to improve
impartial
and
independent
procedures, and to enhance the
European accreditation system,
in particular in new policy areas,
by supporting
the uniformity of
checks and penalties, as well as
the European co-operation for
Accreditation (EA) referred to in
Article 14 of Regulation (EC) No
25
765/2008
of
the
European
Parliament and of the Council.
[Am. 13]
_______________________
48 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).
19.
(14)
As
consumer
markets
(14)
The development of e-
(14)
As consumer markets
Yellow
know
no
borders
with
the
commerce could raise certain know no borders with the
development of online trade and
issues regarding the protection
development of online trade
travel services, it is important to
of health and safety of end users and travel services, it is
ensure that consumers residing in
from non- compliant products. important
to
ensure
that
the Union can benefit from
As consumer markets know no consumers residing in the
adequate
protection
when
borders with the development of
Union
can
benefit
from
importing goods and services from
online trade and travel services, adequate
protection
when
economic operators based in third
it is important to ensure that
importing goods and services
countries. The Programme should
consumers residing in the Union
from economic operators based
therefore
allow
supporting
can
benefit
from
adequate
in
third
countries.
The
cooperation with relevant bodies
equivalent
protection
when
Programme should therefore
located in key trading third country
importing goods and services
allow supporting cooperation
from economic operators based with relevant bodies located in
26
partners of the Union where
in
third
countries.
The key
trading third country
necessary.
Programme should therefore partners of the Union where
allow supporting cooperation
necessary.
with relevant bodies located in
key
trading
third
country
partners of the Union where
necessary
with regard to the
exchange of information on
non-compliant products, on
recent scientific developments
and
new
technologies,
on
emerging risks and on other
aspects
related
to
control
activities.
[Am. 14]
20.
(15)
Public procurement is used (15)
Public procurement is (15) Public procurement is used
Yellow
by public authorities to ensure
used by public authorities to by public authorities to ensure
value for public money spent and
ensure value for public money value for public money spent
to contribute to a more innovative, spent and to contribute to a more and to contribute to a more
sustainable,
inclusive
and
innovative, sustainable, inclusive
innovative,
sustainable,
competitive
internal
market.
and competitive internal market
,
inclusive
and
competitive
Directive 2014/23/EU of the
including, where this is in internal
market.
Directive
European Parliament and of the
accordance
with
applicable
2014/23/EU of the European
Council49, Directive 2014/24/EU
Union law, by applying criteria Parliament and of the Council3,
of the European Parliament and of
other than simply the lowest Directive 2014/24/EU of the
the Council50
and Directive
price or cost effectiveness,
European Parliament and of the
2014/25/EU of
the European
taking into account, among Council4
and
Directive
Parliament and of the Council51
others,
qualitative, 2014/25/EU of the European
27
provide the legal framework for
environmental, fair trade and Parliament and of the Council
5
the integration and effective
social aspects and by facilitating provide the legal framework for
functioning
of
the
public
the division of tenders into lots the integration and effective
procurement markets representing
for
large
infrastructure.
functioning
of
the
public
14% of Union’s gross domestic Directive 2014/23/EU of the procurement
markets
product, to the benefit of public European Parliament and of the representing 14%
5a of Union’s
authorities, businesses as well as Council49, Directive 2014/24/EU gross domestic product, to the
citizens, including consumers. The of the European Parliament and benefit of public authorities,
Programme
should
therefore of the Council50 and Directive
businesses as well as citizens,
support measures to ensure a wider 2014/25/EU of the European
including
consumers.
The
uptake
of
strategic
public Parliament and of the Council51 Programme should
therefore
procurement,
the provide the legal framework for support measures to ensure a
professionalisation
of
public the integration and effective wider uptake of strategic public
buyers,
improved
access
to
functioning
of
the
public procurement,
the
procurement markets for SMEs, procurement
markets
professionalisation of public
increase of transparency, integrity representing 14% of Union’s
buyers, improved access to
and better data, boosting the digital gross domestic product, to the
procurement markets for SMEs,
transformation of procurement and benefit of public authorities, increase
of
transparency,
promotion of joint procurement,
businesses as well as citizens, integrity
and
better
data,
through
strengthening
a including consumers.
Correctly
boosting
the
digital
partnership approach with the
implemented
public transformation of procurement
Member States, improving data
procurement rules are a crucial and
promotion
of
joint
gathering
and
data
analysis
tool for strengthening the single procurement,
through
including through development of
market and for boosting the strengthening a partnership
dedicated IT tools, supporting
growth of Union companies and approach with the Member
exchange of experiences and good
Union
jobs.
The States,
improving
data
practices,
providing
guidance, Programme should
therefore
gathering and data analysis
pursuing
beneficial
trade support measures to ensure a including through development
28
agreements,
strengthening wider uptake of strategic public
of
dedicated
IT
tools,
cooperation
among
national procurement,
the
supporting
exchange
of
authorities and launching pilot professionalisation
of
public
experiences and good practices,
projects.
buyers, improved
to facilitate providing guidance, pursuing
_________________
and
improve
access
to beneficial trade agreements,
49
Directive 2014/23/EU of the procurement markets for SMEs strengthening
cooperation
European Parliament and of the
and
micro
enterprises,
in among national authorities and
Council of 26 February 2014 on
particular
through
advisory
launching pilot projects.
the award of concession contracts
services and training, increase of
(OJ L 94, 28.3.2014, p. 1).
transparency, integrity and better
_________________
50
Directive 2014/24/EU of the data,
boosting
the
digital
3 Directive 2014/23/EU of the
European Parliament and of the transformation of procurement
European Parliament and of the
Council of 26 February 2014 on and
promotion
of
joint Council of 26 February 2014 on
public procurement and repealing procurement,
through
the
award
of
concession
Directive 2004/18/EC (OJ L 94,
strengthening
a
partnership
contracts (OJ L 94, 28.3.2014,
28.3.2014, p. 65).
approach with the Member
p. 1).
51
Directive 2014/25/EU of the States, improving data gathering 4 Directive 2014/24/EU of the
European Parliament and of the and data analysis including European Parliament and of the
Council of 26 February 2014 on through
development
of
Council of 26 February 2014 on
procurement by entities operating dedicated IT tools, supporting public
procurement
and
in the water, energy, transport and exchange of experiences and
repealing Directive 2004/18/EC
postal
services
sectors
and good
practices,
referencing (OJ L 94, 28.3.2014, p. 65).
repealing Directive 2004/17/EC
European and international 5 Directive 2014/25/EU of the
(OJ L 94, 28.3.2014, p. 243).
standards, providing guidance,
European Parliament and of the
pursuing
beneficial
trade Council of 26 February 2014 on
agreements,
strengthening procurement
by
entities
cooperation
among
national
operating in the water, energy,
transport and postal services
29
authorities and launching pilot
sectors and repealing Directive
projects.
[Am. 15]
2004/17/EC
(OJ
L
94,
_____________________
28.3.2014, p. 243).
49 Directive 2014/23/EU of the 5a
European
Commission
European Parliament and of the
Communication
"Making
Council of 26 February 2014 on
Public Procurement work in
the award of concession contracts
and for Europe" of 3 October
(OJ L 94, 28.3.2014, p. 1).
2017 (COM(2017) 572).
50 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).
51 Directive 2014/25/EU of the
European Parliament and of the
Council of 26 February 2014 on
procurement
by
entities
operating in the water, energy,
transport and postal services
sectors and repealing Directive
2004/17/EC (OJ L 94, 28.3.2014,
p. 243).
21.
(16)
In order to meet the (16)
In order to meet the
(16) In order to meet the
Yellow
objectives of the Programme and objectives of the Programme and
objectives of the Programme
to facilitate the lives of citizens and to facilitate the lives of citizens and to facilitate the lives of
businesses,
high-quality
user- and
businesses,
high-quality citizens and businesses, high-
centric public services need to be user-centric
public
services
,
quality
user-centric
public
30
put in place. This implies that
increasingly digitally oriented services need to be put in place.
public administrations will need to
and fully accessible, need to be
This
implies
that
public
start working in new ways, bring put
in
place
and
e-
administrations will need to
down silos between the different
administration
and
e-
start working in new ways,
parts of their administrations, and
government
efforts
further bring down silos between the
to engage in the co-creation of
boosted
while
ensuring different
parts
of
their
these public services with citizens
appropriate data protection and administrations, and to engage
and businesses. Moreover, the
privacy. This implies that public in the co-creation of these
continuous and steady increase of administrations will need to start
public services with citizens
cross-border activities in the working in new
, more innovative
and businesses. Moreover, the
internal market requires provision ways,
in order to bring down
continuous and steady increase
of up-to-date information on the silos between the different parts of cross-border activities in the
rights of businesses and citizens, of their administrations, and to
internal
market
requires
but also information explaining the engage in the co-creation of these provision
of
up-to-date
administrative
formalities.
In
public services with citizens and
information on the rights of
addition, provision of legal advice businesses.
Moreover,
the
businesses and citizens, but also
and helping to solve problems continuous and steady increase of information
explaining
the
which occur at cross national level
cross-border activities in the administrative formalities. In
becomes essential. Furthermore, internal
market
requires
addition, provision of legal
connecting
national provision
the availability of up-
advice and helping to solve
administrations in a simple and to-date
, accurate and easy to problems which occur at cross
efficient manner as well as
understand information on the
national
level
becomes
evaluating how the internal market rights of businesses and citizens, essential.
Furthermore,
works on the ground is necessary.
but also information explaining
connecting
national
The Programme should therefore the administrative formalities,
as
administrations in a simple and
support the following existing
well as simplifying them. In
efficient manner as well as
internal market governance tools: addition, provision of legal
evaluating how the internal
the Your Europe Portal which advice and helping to solve
market works on the ground is
31
should be a backbone of the problems which occur at cross
necessary.
The
Programme
upcoming Single Digital Gateway, national level becomes essential. should therefore support the
Your Europe Advice, SOLVIT, the Furthermore, connecting national following
existing
internal
Internal
Market
Information administrations in a simple and
market governance tools: the
system and the Single Market
efficient manner
, supporting
Your Europe Portal which
Scoreboard in order to improve
public authorities in achieving should be a backbone of the
citizens' daily lives and businesses'
those objectives, as well as
upcoming
Single
Digital
ability to trade across borders.
evaluating how the internal
Gateway, Your Europe Advice,
market works on the ground is SOLVIT, the Internal Market
necessary. The
existing internal Information system and the
market governance tools already Single Market Scoreboard in
play an important role in order to improve citizens' daily
facilitating the achievement of lives and businesses' ability to
those objectives. To this end, and trade across borders.
The
in order to keep up with
Programme
should
also
technology
and
market support
activities
using
developments, as well as with administrative data sources in
new regulatory and enforcement order to minimize response
challenges,
the
Programme burden
when
European
should
support
the statistics are produced.
enhancement
of
quality,
visibility and transparency and
of the reliability of the internal
market governance tools. The
Programme
should
therefore
support
, amongst others
the
following
existing
internal
market governance tools: the
32
Your Europe Portal which should
be a backbone of the upcoming
Single Digital Gateway, Your
Europe Advice, SOLVIT, the
Internal
Market
Information
system and the Single Market
Scoreboard in order to improve
citizens'
daily
lives
and
businesses' ability to trade across
borders.
[Am. 16]
22.
(17)
The Programme should
(17)
The Programme should (17) The Programme should
Yellow
support the development of the
support the development of the
support the development of the
Union regulatory framework in the
Union regulatory framework in
Union regulatory framework in
area of company law and corporate
the area of company law and the area of company law and
governance, as well as contract
corporate governance, as well as corporate governance, as well
law, with a view to make business
contract law, with a view to make as contract law, with a view to
more efficient and competitive
business
, especially SMEs, more
make business more efficient
while providing protection for
efficient and competitive while and
competitive
while
stakeholders affected by company
providing
protection
for
providing
protection
for
operations, and to react to
stakeholders
affected
by stakeholders
affected
by
emerging policy challenges. It
company operations, and to react company operations, and to
should also ensure appropriate
to emerging policy challenges. It
react
to
emerging
policy
evaluation, implementation and
should also ensure appropriate challenges. It should also
enforcement of the relevant acquis,
evaluation, implementation and
ensure appropriate evaluation,
inform and assist stakeholders and
enforcement of the relevant
implementation
and
promote information exchange in
acquis,
inform
and
assist enforcement of the relevant
the area. The Programme should
stakeholders
and
promote
acquis,
inform
and
assist
33
further support the Commission's
information exchange in the area. stakeholders
and
promote
initiatives in favour of a clear and
The Programme should further information exchange in the
adapted legal framework for the
support
the
Commission's area. The Programme should
data economy and innovation.
initiatives in favour of a clear and further
support
the
Those initiatives are necessary to
adapted legal framework for the Commission's
initiatives
in
enhance legal certainty with regard
data economy and innovation. favour of a clear and adapted
to contractual and extra contractual
Those initiatives are necessary to legal framework for the data
law, in particular with regard to
enhance legal certainty with
economy and innovation. Those
liability and ethics in the context of
regard to contractual and extra initiatives are necessary to
emerging technologies, such as
contractual law, in particular enhance legal certainty with
internet
of
things,
artificial
with regard to liability and ethics regard to contractual and extra
intelligence, robotics, 3D Printing.
in the context of emerging contractual law, in particular
The Programme should aim at
technologies, such as internet of with
regard
to
liability
,
stimulating the development of
things, artificial intelligence,
security,
and
ethics
and
data-driven business, as it will be
robotics, 3D Printing. The
privacy, or a combination of
decisive for the position of the
Programme
should
aim
at
them,
in the context of
Union economy in a global
stimulating the development of
emerging technologies, such as
competition.
data-driven
business
whilst internet of things, artificial
ensuring a high level of privacy intelligence,
robotics,
3D
protection, as it will be decisive
Printing.
The
Programme
for the position of the Union should aim at stimulating the
economy in a global competition. development of data-driven
[Am. 17]
business, as it will be decisive
for the position of the Union
economy
in
a
global
competition.
23.
(18)
The Programme should (18)
The Programme should (18) The Programme should
Green
also promote the correct and full also promote the correct and full
also promote the correct and
34
implementation and application of implementation and application full
implementation
and
the Union legal framework for of the Union legal framework for application of the Union legal
anti-money
laundering
and
anti-money
laundering
and
framework
for
anti-money
countering terrorism financing by countering terrorism financing laundering
and
countering
the Member States and the by the Member States and the
terrorism financing by the
development of future policies to development of future policies to Member
States
and
the
address new challenges in the address new challenges in the development of future policies
field. It should also support the field. It should also support the to address new challenges in the
relevant
activities
of
the relevant
activities
of
the
field. It should also support the
international
organisations
of international organisations of relevant
activities
of
the
European interest, such as the European interest, such as the international organisations of
Committee of Experts on the Committee of Experts on the European interest, such as the
Evaluation
of
Anti-Money Evaluation
of
Anti-Money Committee of Experts on the
Laundering Measures and the Laundering Measures and the Evaluation
of
Anti-Money
Financing of Terrorism of the Financing of Terrorism of the Laundering Measures and the
Council of Europe.
Council of Europe.
Financing of Terrorism of the
Council of Europe.
24.
(19)
The implementation and (19)
The implementation and (19) The implementation and
Yellow
development of the internal market development of the internal
development of the internal
in the area of financial services, market in the area of financial
market in the area of financial
financial stability and the Capital services, financial stability and services, financial stability and
Markets
Union
including the Capital Markets Union the Capital Markets Union
sustainable
finance,
highly including sustainable finance,
including sustainable finance,
depends on the evidence based
highly depends on the evidence highly depends on the evidence
policy measures taken by the based policy measures taken by based policy measures taken by
Union. In order to achieve this the Union. In order to achieve
the Union. In order to achieve
objective, the Commission should this objective, the Commission this objective, the Commission
have an active role in constantly should have an active role in
should have an active role in
35
monitoring financial markets and
constantly monitoring financial
constantly monitoring financial
financial stability, assessing the markets and financial stability,
markets and financial stability,
implementation
of
Union assessing the implementation of assessing the implementation of
legislation by Member States, Union legislation by Member
Union legislation by Member
evaluating whether the existing States, evaluating whether the States, evaluating whether the
legislation is fit for purpose and
existing legislation is fit for existing legislation is fit for
identifying potential areas of purpose and identifying potential purpose
and
identifying
action where new risks emerge, areas of action where new risks potential areas of action where
with a continuous involvement of emerge,
with
a
continuous new risks emerge, with a
stakeholders throughout the policy involvement
of
stakeholders
continuous
involvement
of
cycle. Such activities rely on the throughout the policy cycle. Such stakeholders throughout the
production of analyses, studies, activities rely on the production policy cycle. Such activities
training
materials,
surveys, of analyses, studies, training rely on the production of
conformity
assessments, materials, surveys, conformity analyses,
studies,
training
evaluations and statistics and are assessments, evaluations and materials, surveys, conformity
supported by IT systems and
statistics and are supported by IT assessments, evaluations and
communication tools.
systems
and
communication
high-quality statistics and are
tools.
supported by IT systems and
communication tools.
25.
(20)
Considering
that
the (20)
Considering
that
the
(20)
Considering that the
Yellow
internal market as set out in Article internal market as set out in internal market as set out in
3 of the Treaty on European Union Article 3 of the Treaty on
Article 3 of the Treaty on
includes a system ensuring that European
Union
the European Union includes a
competition is not distorted, the
Functioning of the European system
ensuring
that
Programme should support the
Union includes a system
of rules
competition is not distorted, the
Union’s
competition
policy,
ensuring that competition is not Programme should support the
networks and cooperation with distorted
in the internal market, Union’s competition policy,
national authorities and courts, as
the
Programme
should networks and cooperation with
36
well as outreach to a wider group
contribute to support the Union’s
national authorities and courts,
of stakeholders in communicating competition policy, networks and
as well as outreach to a wider
and explaining the rights, benefits
by improving and reinforcing group
of
stakeholders
in
and
obligations
of
Union
the
cooperation
with
the communicating and explaining
competition policy.
European Competition Network the
rights,
benefits
and
and with national authorities and
obligations
of
Union
courts,
, including by way of
competition policy.
strengthening
international
cooperation as well as outreach
to a wider group of stakeholders
in communicating and explaining
the
rights,
benefits
and
obligations of Union competition
policy.
The Programme should
in
particular
help
the
Commission to enhance its
analysis and assessment of
market
developments,
also
through extensive use of sector
inquiries and by systematic
sharing of results and best
practices within the European
Competition
Network.
This
should contribute to ensuring
fair competition and a level
playing
field,
also
at
international
level,
and
empowering
businesses,
in
37
particular
SMEs,
and
consumers in order to reap the
benefits of the Single Market.
[Am. 18]
26.
(21)
The
Programme
in (21)
The
Programme
in (21)
The
Programme
in
Yellow
particular needs to tackle the particular needs to tackle the particular needs to tackle the
radical
implications
for radical
implications
for
radical
implications
for
competition and the functioning of competition and the functioning competition and the functioning
the internal market resulting from of the internal market resulting of the internal market resulting
the ongoing transformation of the from the ongoing transformation from
the
ongoing
economy
and
business of the economy and business transformation of the economy
environment, in particular through environment,
in
particular
and business environment, in
the exponential growth and use of through the exponential growth
particular
through
the
data, taking account of the and use of data, taking account of
exponential growth and use of
increasing recourse to artificial
the
increasing
recourse
to
data, taking account of the
intelligence and other IT tools and artificial intelligence
, big data
increasing recourse to artificial
expertise by companies and their
and algorithms and other IT
intelligence and other IT tools
advisors. It is also essential that the tools and expertise by companies
and expertise by companies and
Programme supports networks and and their advisors. It is also their advisors. It is also
cooperation with Member State essential that the Programme essential that the Programme
authorities and courts, considering supports
networks
and
supports
networks
and
that undistorted competition and cooperation
a wider and deeper
cooperation with Member State
the functioning of the internal
engagement with Member State
authorities
and
courts,
market depend critically on action authorities
and
courts,
considering that undistorted
by those entities. In view of the considering
that
undistorted competition and the functioning
particular role of competition competition and the functioning of the internal market depend
policy in preventing harm to the of the internal market depend
critically on action by those
38
internal market resulting from
critically on action by those entities.
In
view
of
the
anticompetitive conduct beyond
entities. In view of the particular particular role of competition
the
Union’s
border,
the
role of competition policy in
policy in preventing harm to the
Programme should also support
preventing harm to the internal
internal market resulting from
cooperation with third country market
resulting
from
anticompetitive
conduct
authorities, as appropriate. Finally, anticompetitive conduct beyond
beyond the Union’s border, the
widening outreach activities is the
Union’s
border,
the
Programme should also support
necessary in order to allow more Programme should also support
cooperation with third country
citizens and businesses to reap the cooperation with third country authorities,
as
appropriate.
full benefits of fair competition in authorities,
as
appropriate.
Finally,
widening
outreach
the internal market. Given that a Finally,
widening
outreach
activities is necessary in order
number of initiatives in the activities is necessary in order to to allow more citizens and
Programme are new and that the allow
more
citizens
and
businesses to reap the full
competition part of the Programme businesses to reap the full benefits of fair competition in
is particularly affected by dynamic benefits of fair competition in the the internal market. Given that a
developments in the conditions of internal market.
In particular, it
number of initiatives in the
competition in the internal market,
is necessary to demonstrate the
Programme are new and that the
notably relating to Artificial
tangible benefits of the Union`s competition
part
of
the
Intelligence, algorithms, big data,
competition
policy
to
the
Programme
is
particularly
cybersecurity
and
forensic
European
citizens
through affected
by
dynamic
technology,
the
pace
and
engagement with civil society developments in the conditions
magnitude of which are difficult to
groups and relevant directly of competition in the internal
estimate, it is anticipated that
impacted stakeholders. Given market, notably relating to
flexibility will be required to face that a number of initiatives in the Artificial
Intelligence,
the evolving needs under this part Programme are new and that the algorithms,
big
data,
of the Programme.
competition
part
of
the
cybersecurity
and
forensic
Programme
is
particularly technology,
the
pace
and
affected by dynamic
and rapid
magnitude
of
which
are
39
developments in the conditions difficult to estimate, it is
of competition in the internal
anticipated that flexibility will
market, notably relating to
digital
be required to face the evolving
developments,
Artificial
needs under this part of the
Intelligence, algorithms, big data, Programme.
cybersecurity
and
forensic
technology,
the
pace
and
magnitude of which are difficult
to estimate, it is anticipated that
flexibility will be required to face
the evolving needs under this part
of the Programme.
[Am. 19]
27.
(22)
Strengthening
the
(22)
Strengthening
the
(22)
Strengthening
the
Yellow
competitiveness
of
European
competitiveness
and
competitiveness of European
enterprises while reassuring an
sustainability
of
European
enterprises while reassuring an
effective level playing field and an
enterprises while reassuring an effective level playing field and
open and competitive internal
effective level playing field and an
open
and
competitive
market is of outmost importance.
an open and competitive internal
internal market is of outmost
SMEs are the engine of the
market is of outmost importance. importance. SMEs are the
European economy making up
SMEs are the engine of the engine
of
the
European
99% of all businesses in Europe,
European economy making up
economy making up 99% of all
providing two thirds of jobs, and
99% of all businesses in Europe,
businesses
in
Europe
5a,
contributing substantially to the
providing two thirds of jobs, and
providing two thirds of jobs,
creation of new jobs with a
contributing substantially to the
and contributing substantially
regional and local dimension.
creation of new jobs
quality jobs to the creation of new jobs with
in all sectors with a regional and
a regional and local dimension.
local dimension
, and hence __________
40
social cohesion.
SMEs are 5a
SME Performance Review
instrumental in pursuing the – 2016.
energy
transition
and
contributing to the achievement
of the Union's climate objectives
deriving
from
the
Paris
Agreement. The Programme
should therefore enhance their
capacity
to
develop
environmentally-friendly high
quality products and services
and support their efforts to
increase resource-efficiency, in
line with the 'energy efficiency
first' principle. In doing so, the
Programme also contributes to
improve
Union
SMEs
competitiveness on the global
market.
[Am. 20]
28.
(23)
SMEs
share
common
(23)
SMEs share common (23)
SMEs share common
Yellow
challenges that do not affect larger
challenges that do not affect
challenges that do not affect
firms to the same extent to obtain
larger firms to the same extent to larger firms to the same extent
finance, to find skilled work force,
obtain finance, to find skilled to obtain finance, to find skilled
to alleviate administrative burden,
work
force,
to
alleviate work
force,
to
alleviate
to
take-up
creativity
and
administrative burden, to take-up
administrative burden, to take-
innovation, to access markets and
creativity and innovation, to up creativity and innovation
foster
internationalisation
access
markets
and
foster
inter alia through public
41
activities. The Programme should
internationalisation
activities.
procurement,
to
access
address such market failures
The Programme should address
markets
and
foster
proportionally, while not unduly
such
market
failures
internationalisation activities.
distorting competition in the
proportionally, while not unduly The Programme should address
internal market.
distorting competition in the
such
market
failures
internal market.
The Programme proportionally,
while
not
should in particular create
unduly distorting competition
appropriate
conditions
to in the internal market.
introduce technological and
organisational innovation in the
production processes, paying
attention to specific forms of
SMEs
such
as
micro
enterprises, enterprises engaged
in craft activities, the self-
employed,
the
liberal
professions and social economy
enterprises. Attention should
also be paid to potential, new,
young
and
female
entrepreneurs, as well as to
other specific target groups,
such as older people, migrants
and entrepreneurs belonging to
socially
disadvantaged
or
vulnerable groups such as
persons
with
disabilities.
[Am. 21]
42
29.
(23a) The programme should (23a) When
establishing
Yellow
support and promote a culture of work
programmes
for
innovation,
developing
an
providing support to SMEs,
ecosystem
capable
of
the strategic provisions of the
encouraging business start-ups
Small Business Act and its
and nurturing their growth, performance review should
focusing on micro-enterprises
be
taken
into
account.
and innovative SMEs able to Attention should also be paid
meet the challenges of an
to the considerations of the
increasingly competitive and
SME Envoy Network.
fast-moving
environment.
Radically
new
innovation
processes
require
the
development
of
an
open
innovation model
with
an
increase
in
collaborative
research and the sharing of
knowledge
and
intellectual
property
between
different
organisations. The Programme
should accordingly seek to
support the innovation process
by
incorporating
new
collaborative business models,
focusing on networking and the
sharing of knowledge and
resources
within
inter-
43
organisational
communities.
[Am. 22]
30.
(23b) The Programme should (23b) The Programme should
Yellow
address such market failures address SMEs, as defined in
proportionally, paying special
Commission
attention to actions that benefit
Recommendation
directly SMEs and enterprise
2003/361/EC5c in the version
networks, and while not unduly of
6 May 2003.
In
the
distorting competition in the
application of this Regulation,
internal market. [Am. 23]
regarding
SMEs,
the
Commission should consult
all
relevant
stakeholders,
including public and private
organisations
representing
SMEs
and
the
Trade
Promotion Organisations of
the Member States.
___________
5c
Commission
Recommendation
2003/361/EC of 6 May 2003
concerning the definition of
micro, small and medium-
sized enterprises (OJ L 124,
20.5.2003, p. 36).
31.
(24)
Many of the Union's
(24)
Many of the Union's (24) Many of the Union's
Yellow
competitiveness problems involve
competitiveness
problems competitiveness
problems
44
SMEs' difficulties in obtaining
involve SMEs' difficulties in involve SMEs' difficulties in
access to finance because they
obtaining access to finance obtaining access to finance
struggle to demonstrate their
because they
lack information, because
they
struggle
to
credit-worthiness
and
have
struggle to demonstrate their demonstrate
their
credit-
insufficient collateral. Additional
credit-worthiness
and
have
worthiness
and
have
financing challenges arise from
insufficient collateral
or simply insufficient
collateral.
SMEs' need to stay competitive by
due to low awareness of existing Additional financing challenges
engaging e.g. in digitization,
mechanism to support their arise from SMEs' need to stay
internationalization
and
activities at Union, national or competitive by engaging e.g. in
innovation activities and skilling
local level. Additional financing digitization,
up their workforce. Limited access
challenges arise from
the smaller internationalization
and
to finance has a negative effect on
size of micro-enterprises and innovation
activities
and
businesses creation, growth and
SMEs' need to stay competitive skilling up their workforce.
survival rates, as well as on the
by engaging e.g. in digitization, Limited access to finance has a
readiness of new entrepreneurs to
internationalization
and negative effect on businesses
take over viable companies in the
innovation activities and skilling creation, growth and survival
context of a business succession.
up their workforce. Limited
rates, as well as on the readiness
access to finance has a negative of new entrepreneurs to take
effect on businesses creation,
over viable companies in the
growth and survival rates, as well context
of
a
business
as on the readiness of new
succession.
entrepreneurs to take over viable
companies in the context of a
business succession.
[Am. 24]
32.
(25)
To overcome these market
(25)
To
overcome
these
(25) To overcome these market
Yellow
failures and to ensure that SMEs
market failures and to ensure that failures and to ensure that
continue to play their role as the
SMEs continue to play their role SMEs continue to play their
45
foundation
for
the
Union
as the foundation for the Union role as the foundation for the
economy´s competitiveness, small
economy´s competitiveness
, and
Union
economy´s
and medium sized enterprises need
as a driver for a sustainable competitiveness,
small
and
extra support through debt and
economy, small and medium medium sized enterprises
SMEs
equity
instruments
to
be
sized
enterprises need extra
including start-ups and scale-
established
under
the
SME
support through debt and equity
ups need extra support through
window of the InvestEU Fund
instruments to be established
debt and equity instruments to
established by Regulation […] of
under the SME window of the be established under the SME
the European Parliament and of the
InvestEU Fund established by window of the InvestEU Fund
Council52. The loan guarantee
Regulation […] of the European
established by Regulation […]
facility put in place under
Parliament and of the Council52. of the European Parliament and
Regulation (EU) No 1287/2013 of
The loan guarantee facility put in of the Council
6. The loan
the European Parliament and of the
place under
former COSME guarantee facility put in place
Council53 has a proven added
programme
established
by
under Regulation (EU) No
value and is expected to bring a
Regulation (EU) No 1287/2013 1287/2013 of the European
positive contribution to at least 500
of the European Parliament and Parliament and of the Council7
000 SMEs; a successor will be
of the Council53 has a proven has a proven added value and is
established
under
the
SME
added value and is expected to
expected to bring a positive
window of the InvestEU Fund.
bring a positive contribution to at contribution to at least 500 000
__________________
least 500 000 SMEs; a successor SMEs; a successor will be
52 COM(2018) 439 final
will be established under the established under the SME
53 Regulation (EU) No 1287/2013 SME window of the InvestEU window of the InvestEU Fund.
of the European Parliament and of
Fund.
More attention should be
the Council of 11 December 2013
paid to better communication ________________
establishing a Programme for the
and public campaigns in order 6 COM(2018) 439 final
Competitiveness of Enterprises
to
increase
awareness
to 7
Regulation
(EU)
No
and small and medium-sized
potential beneficiaries of the 1287/2013 of the European
enterprises (COSME) (2014
-
availability of the Programme Parliament and of the Council
46
2020) and repealing Decision No
for
SMEs.
To
raise
the of
11
December
2013
1639/2006/EC (OJ L 347 of
awareness of Union’s actions establishing a Programme for
20.12.2013, p. 33).
supporting SMEs, actions that the
Competitiveness
of
are wholly or partially funded by Enterprises and small and
this
Programme,
including medium-sized
enterprises
intermediaries,
should (COSME) (2014 - 2020) and
incorporate
the
European repealing
Decision
No
emblem (flag) associated to a
1639/2006/EC (OJ L 347 of
sentence acknowledging the 20.12.2013, p. 33).
support
received
by
this
Programme. [Am. 25]
________________
52 COM(2018) 439 final
53
Regulation
(EU)
No
1287/2013 of the European
Parliament and of the Council of
11 December 2013 establishing a
Programme
for
the
Competitiveness of Enterprises
and small and medium-sized
enterprises (COSME) (2014 -
2020) and repealing Decision No
1639/2006/EC (OJ L 347 of
20.12.2013, p. 33).
33.
(26)
The policy objectives of (26)
The policy objectives of
(26) The policy objectives of
Yellow
this Programme will be also
this Programme will be also
this Programme will be also
addressed
through
financial
addressed
through
financial
addressed
not only by grants,
instruments
and
budgetary instruments
and
budgetary
but also
through financial
47
guarantee under the SME window guarantee
under
the
SME instruments
and
budgetary
of the InvestEU Fund. Financial
window of the InvestEU Fund
.
guarantee under the SME
support should be used to address
The SME window of the window of the InvestEU Fund.
market failures or sub-optimal
InvestEU Fund should have a
Financial support should be
investment
situations,
in
a
central
overarching
point used to address market failures
proportionate manner and actions
providing information about the or
sub-optimal
investment
should not duplicate or crowd out
Programme in each Member situations, in a proportionate
private
financing
or
distort
State, in order to increase the manner and actions should not
competition in the internal market.
accessibility and awareness of
duplicate or crowd out private
Actions should
have a clear
the funds for SMEs. Financial
financing or distort competition
European added value.
support should be used to address
in the internal market. Actions
market failures or sub-optimal
should have a clear European
investment
situations,
in
a
added value.
proportionate manner and actions
should not duplicate or crowd out
private financing or distort
competition in the internal
market
, and should clearly offer
additionality and enhancing
synergies with other European
programmes. Actions should
have a clear European added
value.
[Am. 26]
34.
(26a) The actions supported by
Yellow
the InvestEU Fund through the
EU
compartment
or
the
Member States compartment
48
should not duplicate or replace
private funding, or distort
competition in the internal
market, but, with reference to
the local public and private
guarantee
schemes
already
operating, should facilitate their
integration with such schemes,
the overriding objective being to
enhance and extend the actual
benefits to final recipients, who
are SMEs within the meaning
of
Recommendation
2003/361/EC)
in
order
to
achieve genuine additionality of
the measures. [Am. 27]
35.
(26b) Besides access to finance
Yellow
also access to skills is crucial,
including managerial skills and
knowledge are critical factors
for SMEs to access existing
funds, innovate, compete and
grow. The delivery of financial
instruments as envisaged under
EUInvest
Fund
should
therefore be accompanied by the
development
of
appropriate
49
mentoring, coaching schemes
and
by
the
delivery
of
knowledge-based
business
services. [Am. 28]
36.
(27)
The Programme should
(27)
The Programme should (27) The Programme should
Yellow
provide effective support for
provide effective support for provide effective support for
SMEs throughout their life-cycle.
SMEs throughout their life-
SMEs throughout their life-
It should build on the unique
cycle
,
providing
assistance cycle. It should build on the
knowledge
and
expertise
ranging
from
project unique
knowledge
and
developed with regard to SMEs
preparation
through
to
expertise developed with regard
and industrial sectors and on a long
commercialisation and access to
to SMEs and industrial sectors
experience
in
working
with
the market, and encouraging and on a long experience in
European, national and regional
the
creation
of
business working
with
European,
stakeholders. This support should
enterprise networks. It should national
and
regional
build on the successful experience
build on the unique knowledge
stakeholders.
This
support
of the Enterprise Europe Network
and expertise developed with should build on the successful
as a one-stop-shop to improve
regard to SMEs and industrial
experience of the Enterprise
SMEs
competitiveness
and
economic and entrepreneurial Europe Network
(EEN) as a
develop their business in the
sectors and on a long experience
one-stop-shop
to
improve
Single Market and beyond. The
in working with European,
SMEs
competitiveness
and
Network
plans
to
continue
national
and
regional
develop their business in the
delivering services on behalf of
stakeholders.
This
support Single Market and beyond. The
other Union programmes, notably
should build on the successful
Network
EEN plans to continue
for the Horizon2020 programme,
experience of the Enterprise delivering services on behalf of
using the financial resources of
Europe Network as a one-stop-
other
Union
programmes,
these programmes.
Also the
shop
to
improve
SMEs notably for the Horizon2020
mentoring
scheme
for
new
competitiveness and develop
Europe programme, using the
entrepreneurs should remain the
their business in the Single
financial resources of these
50
tool to enable new or aspiring
Market
and
beyond.
The
programmes.
Also
the
entrepreneurs to gain business
Network plans to continue mentoring scheme for new
experience by matching with an
delivering services on behalf of entrepreneurs should remain the
experienced entrepreneur from
other
Union
programmes,
tool to enable new or aspiring
another country and thus allow
notably for the Horizon2020 entrepreneurs to gain business
strengthening
entrepreneurial
programme, using the financial
experience by matching with an
talents. The Programme should
resources of these programmes. experienced entrepreneur from
further strive to grow and extend
It should also support enhanced another country and thus allow
its geographical coverage and thus
participation
of
SMEs strengthening
entrepreneurial
offer wider range of matching
representatives’ organisation in talents. The Programme should
possibilities to entrepreneurs in
the development of Single further strive to grow and
complementarity with other Union
Market Policy initiative, such as extend
its
geographical
initiatives where relevant.
public
procurement, coverage and thus offer wider
standardisation processes and range of matching possibilities
intellectual property regimes. to
entrepreneurs
in
The
Network
should
also complementarity with other
increase the number of actions, Union
initiatives
where
providing more targeted advice
relevant.
to SMEs, in drafting projects
and supporting networking and
technological
and
organisational transition. The
Network should also improve
cooperation and liaison with
other Advisory hubs established
in the Digital programme and
InvestEU Fund as regards
access to finance. The actions
51
for SMEs in the Network should
also aim to provide high quality
services across Europe, paying
particular attention to areas of
activities
and
geographical
parts of the Union where the
Networks
and
intermediary
stakeholders
do
not
meet
expected
results.
Also
the
successful mentoring scheme for
new entrepreneurs
- Erasmus for
Young Entrepreneurs - should
remain the tool to enable new or
aspiring entrepreneurs to gain
business
and
managerial
experience by matching with an
experienced entrepreneur from
another country and thus allow
strengthening
entrepreneurial
talents. The Programme should
further strive to grow and extend
its geographical coverage and
thus offer wider range
of
matching
possibilities
to
entrepreneurs
in
complementarity
with
other
Union initiatives where relevant.
In order to increase the value
52
added by the promotion of
entrepreneurship
initiatives,
special attention should be paid
to micro-enterprises and to
those that have benefited the
least
from
the
existing
programme, and where the
culture of entrepreneurship
remains at a very basic level,
and faces more barriers. Every
effort should be made to achieve
reasonably
geographically
balanced distribution of the
funds. [Am. 29]
37.
(27a) More effort should be
(27a) While building on the
Yellow
made
to
reduce
the experiences of the existing
administrative burden and to measures supporting SMEs, it
increase the accessibility of the is also important to be open
programmes in order to reduce
for new measures regarding
costs
of
SMEs
and SMEs in the light of the
microenterprises
due
to
a changing conditions for SMEs
complicated application process
in the Single Market, e.g.
and participation requirements. regarding digitalisation and
Member States
should also regulatory burden.
consider establishing a single
information
point
for
undertakings interested in using
53
Union´s funds functioning as a
one-stop-shop.
Evaluation
procedure should be as simple
and fast as possible in order to
allow for timely use of the
benefits the Programme offers.
[Am. 30]
38.
(28)
Clusters are a strategic tool
(28)
Clusters are a strategic (28) Clusters are a strategic tool
Yellow
for supporting the competitiveness
tool
for
supporting
the
for
supporting
the
and scaling-up of SMEs as they
competitiveness and scaling-up
competitiveness and scaling-up
offer
favourable
business
of SMEs as they offer favourable of
SMEs
as
they
offer
environments.
Joint
Cluster
business environments
, increase
favourable
business
Initiatives should achieve critical
sustainable
development
of environments. Joint Cluster
mass to accelerate the growth of
industry and services and Initiatives
should
achieve
SMEs. By connecting specialised
strengthen
the
economic critical mass to accelerate the
eco-systems, clusters create new
development of the regions growth of SMEs.
They should
business opportunities for SMEs
through the creation of quality remain open for collaboration
and integrate them better in
jobs. Joint Cluster Initiatives
with
SMEs
from
third
European and global strategic
should achieve critical mass to
countries.
By
connecting
value chains. Support should be
accelerate the growth of SMEs. specialised
eco-systems,
provided for the development of
By connecting specialised eco-
clusters create new business
transnational partnership strategies
systems, clusters create new opportunities for SMEs and
and the implementation of joint
business opportunities for SMEs integrate
them
better
in
activities,
supported
by
the
and integrate them better in
European and global strategic
European Cluster Collaboration
European and global strategic value chains. Support should be
Platform. Sustainable partnering
value chains. Support should be
provided for the development
should
be
encouraged
with
provided for the development of of
transnational
,
including
54
continuation
funding
if
transnational
partnership
interregional,
partnership
performance
and
participation
strategies
and
the
strategies
and
the
milestones are reached. Direct
implementation
of
joint implementation
of
joint
support to SMEs should be
activities, supported by the
activities, supported by the
channelled
through
cluster
European Cluster Collaboration
European Cluster Collaboration
organisations for the following:
Platform. Sustainable partnering Platform.
Sustainable
uptake of advanced technologies,
should be encouraged with partnering
should
be
new business models, low-carbon
continuation
funding
if
encouraged with continuation
and resource-efficient solutions,
performance and participation funding if performance and
creativity
and
design,
skills
milestones are reached. Direct
participation milestones are
upgrading,
talent
attraction,
support to SMEs should be
reached. Direct support to
entrepreneurship acceleration, and
channelled
through
cluster
SMEs should be channelled
internationalisation.
Other
organisations for the following:
through cluster organisations
specialised SME support actors
uptake of advanced technologies, for the following: uptake of
should be associated to facilitate
new business models, low- advanced technologies, new
industrial
transformation
and
carbon and resource-efficient
business models, low-carbon
implementations
of
smart
solutions, creativity and design,
and
resource-efficient
specialisation
strategies.
The
skills
upgrading,
talent
solutions, creativity and design,
Programme should thus contribute
attraction,
entrepreneurship
skills
upgrading,
talent
to growth and build linkages with
acceleration,
and
attraction,
entrepreneurship
the Union's (digital) innovation
internationalisation.
Other
acceleration,
and
hubs and investments made under
specialised SME support actors internationalisation.
Other
Cohesion Policy and Horizon
should be associated to facilitate specialised SME support actors
Europe.
Synergies
with
the
industrial transformation and
should
be
associated
to
Erasmus programme can also be
implementations
of
smart
facilitate
industrial
explored.
specialisation strategies. The transformation
and
Programme
should
thus implementations
of
smart
contribute to growth
sustainable specialisation strategies. The
55
economic
development
and Programme
should
thus
build linkages with the Union's
contribute to growth and build
(digital) innovation hubs and linkages with
the Union's
investments
made
under
(digital) innovation hubs and
Cohesion Policy and Horizon investments
made
under
Europe. Synergies with the Cohesion Policy and Horizon
Erasmus programme can also be Europe. Synergies with the
explored.
[Am. 31]
Erasmus programme can also
be explored.
39.
(28a) The Programme could
Yellow
help build up and/or improve the
relationship between micro-
enterprises and SMEs and
universities, research centres
and other institutions involved
in knowledge creation and
dissemination. This relationship
could help improve firms’
abilities to tackle the strategic
challenges posed by the new
international context. [Am. 32]
40.
(28b) SMEs, owing to their
Yellow
smaller
size,
face
specific
obstacles to growth and have
mayor difficulties in growing
and scaling up some of their
business activities. The Union
has been providing support to
56
scale up activities focusing on
innovation on research mainly
through the SME Instrument
and the recently European
Innovation Council pilot within
the Horizon 2020 programme.
Based on the working methods
and experiences of the SME
Instrument, the Single Market
Programme should also provide
support for scale-up activities by
SMEs complimentary to the new
EIC with its specific focus on
break-through innovation under
Horizon Europe. Scale up
actions for SMEs under this
programme should focus for
instance in helping SMEs to
scale
up
through
commercialisation,
internationalisation
and
on
market
driven-opportunities.
[Am. 33]
41.
(29)
Creativity and innovation (29)
Creativity
and (29) Creativity and innovation
Yellow
are crucial for the competitiveness innovation
, technological and are
crucial
for
the
of the Union's industrial value
organisational transformation, competitiveness of the Union's
chains. They represent catalysts
enhanced sustainability in terms industrial value chains. They
for industrial modernisation and
of production processes, in represent catalysts for industrial
57
contribute to smart,
inclusive
particular resource and energy modernisation and contribute to
sustainable
growth.
However,
efficiency, are crucial for the smart, inclusive sustainable
uptake by SMEs is still lagging competitiveness of the Union's
growth. However, uptake by
behind. The Programme should industrial value chains. They SMEs is still lagging behind.
therefore support targeted actions, represent catalysts for industrial
The
Programme
should
networks and partnerships for
the
modernisation
of
the therefore
support
targeted
creativity-driven
innovation
business and industry sectors actions,
networks
and
throughout the industrial value
and contribute to smart, inclusive partnerships
for
creativity-
chain.
sustainable growth. However,
driven innovation
and digital
uptake by SMEs is still lagging
and industrial transformation
behind. The Programme should throughout the industrial value
therefore
support
targeted
chain.
actions,
networks
and
partnerships for creativity-driven
innovation
throughout
the
industrial value chain.
[Am. 34]
42.
(29a) Recognising that the
Yellow
SME Instrument under Horizon
2020
has
been
extremely
successful for entrepreneurs
through both phase1 and phase2
grants in advancing and their
new business idea and testing
and developing a prototype.
While the selection process is
already very rigorous, still many
very good projects cannot be
58
financed because of limited
financial
resources.
The
implementation in the frame of
the Executive Agency for Small
and Medium-sized Enterprises
(EASME) has been working
very efficiently. While the focus
of that programme is on high-
tech projects, this Program
should extend the methodology
to any type of scale-up SMEs.
[Am. 35]
43.
(29b) The actions for SMEs
Yellow
should also focus in sectors
characterised by a significant
growth and social potential and
with a high proportion of SMEs.
Tourism is a singular sector of
the Union Economy which
contributes substantially to the
Union’s GDP and is run mainly
by SMEs. The Union should
continue and increase actions
supporting the specificities of
this sector. [Am. 36]
44.
(30)
European standards play an
(30)
European standards play (30) European standards play
Yellow
important role in the internal
an important role in the internal
an important role in the internal
market. They are of vital interest
market. They are of vital interest
market. They are of vital
59
for
the
competitiveness
of
for
the
competitiveness
of
interest for the competitiveness
undertakings,
and
especially
undertakings, and especially of undertakings, and especially
SMEs. They are also a crucial tool
SMEs. They are also a crucial
SMEs. They are also a crucial
to support Union legislation and
tool to support Union legislation tool
to
support
Union
policies in a number of key areas
and policies in a number of key legislation and policies in a
such as energy, climate change,
areas such as energy
transition, number of key areas such as
information and communication
climate
change
and
energy,
climate
change,
technology, sustainable use of
environmental
protection,
information
and
resources, innovation, product
information and communication
communication
technology,
safety,
consumer
protection,
technology, sustainable use
and
sustainable use of resources,
worker's safety and working
recycling
of
resources,
innovation,
product
safety,
conditions and ageing population,
innovation,
product
safety,
consumer protection, worker's
thus positively contributing to the
consumer protection, worker's
safety and working conditions
society as a whole.
safety and working conditions and ageing population, thus
and
ageing population, thus
positively contributing to the
positively contributing to the society as a whole.
society as a whole.
However,
experience has shown that the
speed and timeliness of the
elaboration of standards needs
to be improved and more efforts
need to be made to better involve
all
relevant
stakeholders,
including those representing
consumers. [Am. 37]
45.
(31)
European standardisation (31)
European standardisation
(31) European standardisation
Green
activities
are
governed
by activities
are
governed
by activities are governed by
60
Regulation (EU) No 1025/2012 of Regulation (EU) No 1025/2012 Regulation (EU) No 1025/2012
the European Parliament and of the of the European Parliament and of the European Parliament and
Council54
and
implemented of
the
Council54
and
of
the
Council8
and
through a long standing Public- implemented through a long implemented through a long
Private-Partnership
which
is standing
Public-Private-
standing
Public-Private-
fundamental
to
achieve
the Partnership which is fundamental Partnership
which
is
objectives set in that Regulation as to achieve the objectives set in fundamental to achieve the
well as in general and sectorial
that Regulation as well as in
objectives set in that Regulation
Union standardisation policies.
general and sectorial Union as well as in general and
________________
standardisation policies.
sectorial Union standardisation
54 Regulation (EU) No 1025/2012 ________________
policies.
of the European Parliament and of 54
Regulation
(EU)
No
the Council of 25 October 2012 on 1025/2012 of the European
________________
European
standardisation, Parliament and of the Council of 8
Regulation
(EU)
No
amending
Council
Directives
25 October 2012 on European
1025/2012 of the European
89/686/EEC and 93/15/EEC and standardisation,
amending Parliament and of the Council
Directives 94/9/EC, 94/25/EC, Council Directives 89/686/EEC of
25
October
2012
on
95/16/EC, 97/23/EC, 98/34/EC, and 93/15/EEC and Directives
European
standardisation,
2004/22/EC,
2007/23/EC, 94/9/EC, 94/25/EC, 95/16/EC, amending Council Directives
2009/23/EC and 2009/105/EC of 97/23/EC,
98/34/EC, 89/686/EEC and 93/15/EEC
the European Parliament and of the 2004/22/EC,
2007/23/EC, and
Directives
94/9/EC,
Council and repealing Council 2009/23/EC and 2009/105/EC of 94/25/EC, 95/16/EC, 97/23/EC,
Decision 87/95/EEC and Decision the European Parliament and of 98/34/EC,
2004/22/EC,
No 1673/2006/EC of the European the
Council
and
repealing 2007/23/EC, 2009/23/EC and
Parliament and of the Council (OJ Council Decision 87/95/EEC and
2009/105/EC of the European
L 316, 14.11.2012, p. 12).
Decision No 1673/2006/EC of Parliament and of the Council
the European Parliament and of
and repealing Council Decision
87/95/EEC and Decision No
61
the
Council
(OJ
L
316,
1673/2006/EC of the European
14.11.2012, p. 12).
Parliament and of the Council
(OJ L 316, 14.11.2012, p. 12).
46.
(32)
A
well-functioning
(32)
A
well-functioning (32)
A
well-functioning
Yellow
common
financial
reporting
common
financial
reporting common financial reporting
framework is essential for the
framework is essential for the framework is essential for the
internal market, for the effective
internal market, for the effective
internal
market,
for
the
functioning of the capital markets
functioning
of
the
capital
effective functioning of the
and for the realisation of the
financial markets and for the
capital markets and for the
integrated market for financial
realisation of the integrated
realisation of the integrated
services in the context of the
market for financial services in market for financial services in
Capital Markets Union.
the context of the
Banking the context of the Capital
Union and the Capital Markets
Markets Union.
Union.
[Am. 38]
47.
(33)
In
accordance
with (33)
In
accordance
with (33)
In
accordance
with
Green
Regulation (EC) No 1606/2002 of Regulation (EC) No 1606/2002 Regulation (EC) No 1606/2002
the European Parliament and of the of the European Parliament and of the European Parliament and
Council55, International Financial
of the Council55, International
of the Council9, International
Reporting
Standards
(IFRS) Financial Reporting Standards
Financial Reporting Standards
adopted by the International
(IFRS)
adopted
by
the
(IFRS)
adopted
by
the
Accounting Standards Board and
International
Accounting International
Accounting
related interpretations from the Standards Board and related
Standards Board and related
IFRS Interpretations Committee interpretations from the IFRS
interpretations from the IFRS
are to be incorporated into Union Interpretations Committee are to
Interpretations Committee are
law in order to be applied by be incorporated into Union law in to be incorporated into Union
companies with securities listed on order to be applied by companies law in order to be applied by
a regulated market in the Union, with securities listed on a companies with securities listed
62
only if IFRS meet the criteria set regulated market in the Union, on a regulated market in the
out in that Regulation, including only if IFRS meet the criteria set Union, only if IFRS meet the
the requirement that accounts give out in that Regulation, including criteria
set
out
in
that
a ‘true and fair view’ as laid down the requirement that accounts
Regulation,
including
the
in Article 4(3) of Directive give a ‘true and fair view’ as laid
requirement that accounts give
2013/34/EU of the European
down in Article 4(3) of Directive a ‘true and fair view’ as laid
Parliament and of the Council56 2013/34/EU of the European
down in Article 4(3) of
and that they are conducive to the Parliament and of the Council56 Directive 2013/34/EU of the
European public good. Such and that they are conducive to the European Parliament and of the
international accounting standards
European public good. Such Council10 and that they are
need to be developed under a international
accounting conducive to the European
transparent and democratically standards need to be developed
public good. Such international
accountable
process.
IFRS under
a
transparent
and accounting standards need to be
therefore plays a major role in the democratically
accountable
developed under a transparent
functioning of the internal market
process. IFRS therefore plays a and democratically accountable
and thus the Union has a direct major role in the functioning of process. IFRS therefore plays a
interest in ensuring that the process the internal market and thus the major role in the functioning of
through which IFRS are developed Union has a direct interest in
the internal market and thus the
and approved delivers standards
ensuring that the process through
Union has a direct interest in
that are consistent with the which IFRS are developed and ensuring
that
the
process
requirements
of
the
legal
approved delivers standards that
through
which
IFRS
are
framework of the internal market. are
consistent
with
the developed
and
approved
It is therefore important to requirements
of
the
legal
delivers standards that are
establish
appropriate
funding framework of the internal market. consistent
with
the
arrangements
for
the
IFRS It is therefore important to requirements of the legal
Foundation.
establish appropriate funding framework of the internal
________________
arrangements for the IFRS
market. It is therefore important
Foundation.
to establish appropriate funding
63
55 Regulation (EC) No 1606/2002 ________________
arrangements for the IFRS
of the European Parliament and of 55 Regulation (EC) No 1606/2002 Foundation.
the Council of 19 July 2002 on the of the European Parliament and
application
of
international
of the Council of 19 July 2002 on ________________
accounting standards (OJ L 243, the application of international
9
Regulation
(EC)
No
11.9.2002, p. 1).
accounting standards (OJ L 243,
1606/2002 of the European
56
Directive 2013/34/EU of the 11.9.2002, p. 1).
Parliament and of the Council
European Parliament and of the 56 Directive 2013/34/EU of the of 19 July 2002 on the
Council of 26 June 2013 on the European Parliament and of the application
of
international
annual
financial
statements, Council of 26 June 2013 on the
accounting standards (OJ L
consolidated financial statements
annual
financial
statements,
243, 11.9.2002, p. 1).
and related reports of certain types
consolidated financial statements 10 Directive 2013/34/EU of the
of
undertakings,
amending and related reports of certain European Parliament and of the
Directive 2006/43/EC of the types of undertakings, amending Council of 26 June 2013 on the
European Parliament and of the Directive 2006/43/EC of the annual financial statements,
Council and repealing Council European Parliament and of the consolidated
financial
Directives
78/660/EEC
and Council and repealing Council statements and related reports
83/349/EEC (OJ L 182, 29.6.2013, Directives
78/660/EEC
and of certain types of undertakings,
p. 19).
83/349/EEC
(OJ
L
182, amending
Directive
29.6.2013, p. 19).
2006/43/EC of the European
Parliament and of the Council
and
repealing
Council
Directives 78/660/EEC and
83/349/EEC
(OJ
L
182,
29.6.2013, p. 19).
48.
(34)
Taking into account the (34)
Taking into account the
(34) Taking into account the
Green
European
Financial
Reporting European Financial Reporting European Financial Reporting
Advisory Group's (EFRAG) role Advisory Group's (EFRAG) role Advisory Group's (EFRAG)
64
in assessing whether IFRS comply in assessing whether
IFRS role in assessing whether IFRS
with the requirement of Union law comply with the requirement of
comply with the requirement of
and policy, as laid down in Union law and policy, as laid
Union law and policy, as laid
Regulation (EC) No 1606/2002, it down in Regulation (EC) No
down in Regulation (EC) No
also is necessary for the Union to 1606/2002, it also is necessary 1606/2002, it also is necessary
ensure EFRAG’s stable financing for the Union to ensure EFRAG’s
for the Union to ensure
and thus contribute to its funding. stable
financing
and
thus EFRAG’s stable financing and
The technical work of EFRAG contribute to its funding. The thus contribute to its funding.
should be focused on technical technical work of EFRAG should The technical work of EFRAG
advice to the Commission on the be focused on technical advice to should be focused on technical
endorsement of IFRS as well as on the
Commission
on
the
advice to the Commission on
the appropriate participation in the endorsement of IFRS as well as the endorsement of IFRS as
process of development of such
on the appropriate participation
well as on the appropriate
IFRS and should ensure that Union in the process of development of participation in the process of
interests are adequately taken into such IFRS and should ensure that development of such IFRS and
account
in
the
international
Union interests are adequately should ensure that Union
standard-setting process. Those taken into account in the interests are adequately taken
interests should include the notion international
standard-setting into account in the international
of ‘prudence’, the maintenance of process. Those interests should standard-setting process. Those
the requirement of a ‘true and fair
include the notion of ‘prudence’,
interests should include the
view,’ as laid down in Directive
the
maintenance
of
the notion
of
‘prudence’,
the
2013/34/EU, and of the European
requirement of a ‘true and fair
maintenance of the requirement
public good as laid down in view,’ as laid down in Directive
of a ‘true and fair view,’ as laid
Regulation (EC) No 1606/2002, 2013/34/EU, and of the European down in Directive 2013/34/EU,
taking into account the impact of public good as laid down in
and of the European public
IFRS on financial stability and the Regulation (EC) No 1606/2002, good as laid down in Regulation
economy. A European Corporate taking into account the impact of (EC) No 1606/2002, taking into
Reporting Lab should also be
IFRS on financial stability and
account the impact of IFRS on
65
established as part of the European the
economy.
A
European
financial stability and the
Financial
Reporting
Advisory Corporate Reporting Lab should economy.
A
European
Group (EFRAG), to promote also be established as part of the Corporate
Reporting
Lab
innovation and the development of European Financial Reporting should also be established as
best
practices
in
corporate Advisory Group (EFRAG), to part of the European Financial
reporting.
In
this
forum, promote innovation and the
Reporting
Advisory
Group
companies and investors can share development of best practices in
(EFRAG),
to
promote
best practices notably in the field corporate reporting. In this innovation and the development
of non-financial and sustainability forum, companies and investors
of best practices in corporate
reporting.
can share best practices notably reporting.
In
this
forum,
in the field of non-financial and
companies and investors can
sustainability reporting.
share best practices notably in
the field of non-financial and
sustainability reporting.
49.
(35)
In the field of statutory (35)
In the field of statutory (35) In the field of statutory
Green
audit, the Public Interest Oversight audit,
the
Public
Interest
audit,
the
Public
Interest
Board (PIOB) was created in 2005 Oversight Board (PIOB) was
Oversight Board (PIOB) was
by the Monitoring Group, an created
in
2005
by
the
created
in
2005
by
the
international
organisation
Monitoring
Group,
an Monitoring
Group,
an
responsible for monitoring the international
organisation international
organisation
governance
reform
of
the responsible for monitoring the
responsible for monitoring the
International
Federation
of governance
reform
of
the governance reform of the
Accountants (IFAC). The role of International
Federation
of
International
Federation
of
the PIOB is to oversee the process
Accountants (IFAC). The role of Accountants (IFAC). The role
leading to the adoption of the PIOB is to oversee the
of the PIOB is to oversee the
International
Standards
on process leading to the adoption of process leading to the adoption
Auditing (ISAs) and other public International
Standards
on of International Standards on
interest activities of the IFAC. It is Auditing (ISAs) and other public Auditing (ISAs) and other
66
possible for ISAs to be adopted for interest activities of the IFAC. It
public interest activities of the
their application in the Union
is possible for ISAs to be adopted IFAC. It is possible for ISAs to
provided, in particular, that they for their application in the Union be adopted for their application
have been developed with due provided, in particular, that they in the Union provided, in
process, public oversight and
have been developed with due
particular, that they have been
transparency as required under process, public oversight and
developed with due process,
Article
26
of
Directive transparency as required under public
oversight
and
2006/43/EC of the European
Article
26
of
Directive transparency as required under
Parliament and of the Council57 2006/43/EC of the European
Article
26
of
Directive
Considering the introduction of Parliament and of the Council57 2006/43/EC of the European
ISAs in the Union and the key role Considering the introduction of
Parliament and of the Council11.
of the PIOB in ensuring that they ISAs in the Union and the key Considering the introduction of
fulfil the requirements laid down role of the PIOB in ensuring that
ISAs in the Union and the key
in Directive 2006/43/EC, it is they fulfil the requirements laid role of the PIOB in ensuring
therefore important to ensure down in Directive 2006/43/EC, it that they fulfil the requirements
appropriate funding arrangements is therefore important to ensure laid
down
in
Directive
for the PIOB.
appropriate
funding 2006/43/EC, it is therefore
_______________
arrangements for the PIOB.
important to ensure appropriate
57
Directive 2006/43/EC of the _______________
funding arrangements for the
European Parliament and of the 57 Directive 2006/43/EC of the PIOB.
Council of 17 May 2006 on
European Parliament and of the
statutory audits of annual accounts Council of 17 May 2006 on _______________
and
consolidated
accounts,
statutory
audits
of
annual
11 Directive 2006/43/EC of the
amending
Council
Directives
accounts
and
consolidated
European Parliament and of the
78/660/EEC and 83/349/EEC and
accounts,
amending
Council Council of 17 May 2006 on
repealing
Council
Directive Directives
78/660/EEC
and statutory audits of annual
84/253/EEC (OJ L 157, 9.6.2006, 83/349/EEC
and
repealing accounts
and
consolidated
p. 87).
accounts, amending Council
67
Council Directive 84/253/EEC Directives 78/660/EEC and
(OJ L 157, 9.6.2006, p. 87).
83/349/EEC
and
repealing
Council Directive 84/253/EEC
(OJ L 157, 9.6.2006, p. 87).
50.
(36)
The Union contributes to (36)
The Union contributes to (36) The Union contributes to
Yellow
ensuring a high level of consumer ensuring a high level of consumer ensuring a high level of
protection,
empowering protection,
empowering consumer
protection,
consumers and putting them at the
consumers and putting them at
empowering consumers and
heart of the internal market by the heart of the internal market by putting them at the heart of the
supporting and complementing supporting and complementing internal market by supporting
Member States’ policies in seeking
Member States’ policies in
and complementing Member
to ensure that citizens when acting seeking to ensure that citizens States’ policies in seeking to
as consumers can fully reap the when acting as consumers can
ensure that citizens when acting
benefits of the internal market and fully reap the benefits of the as consumers can fully reap the
that, in so doing, their safety and
internal market and that, in so benefits of the internal market
legal and economic interests are doing, their safety and legal and
and that, in so doing, their
properly protected by means of economic interests are properly safety and legal and economic
concrete actions. The Union has
protected by means of concrete interests are properly protected
also to ensure that consumer and
actions. The Union has also to
by means of concrete actions.
product safety laws are properly ensure that consumer and product The Union has also to ensure
and equally enforced on the safety laws are properly and that consumer and product
ground and that businesses enjoy a equally enforced on the ground
safety laws are properly and
level playing field with fair and that businesses enjoy a level
equally enforced on the ground
competition in the internal market.
playing
field
with
fair
and that businesses enjoy a
Moreover, it is necessary to
competition in the internal
level playing field with fair
empower, encourage and assist market. Moreover, it is necessary competition in the internal
consumers in making sustainable to empower, encourage and assist
market.
Moreover,
it
is
choices, thus contributing to a
consumers in making sustainable necessary
to
empower,
68
sustainable, energy and resource
and informed
choices, thus encourage and assist consumers
efficient and circular economy.
contributing to a sustainable,
in making sustainable choices,
energy and resource efficient and thus
contributing
to
a
circular economy.
[Am. 39]
sustainable,
energy
and
resource efficient and circular
economy.
51.
(37)
The Programme should
(37)
The Programme should (37) The Programme should
Yellow
aim to raise the awareness of
aim to raise the awareness of aim to raise the awareness of
consumers,
businesses,
civil
consumers,
businesses,
civil consumers, businesses, civil
society and authorities on Union
society and authorities on Union society and authorities on
consumer and safety laws and to
consumer and safety laws and to Union consumer and safety
empower consumers and their
empower consumers and their laws
and
to
empower
representative organisations at
representative organisations at consumers
and
their
national level and at the Union
national level and at the Union
representative organisations at
level notably by supporting the
level notably by supporting the
national level and at the Union
Bureau Européen des Unions de
Bureau Européen des Unions de
level notably by supporting the
Consommateurs (BEUC) which is
Consommateurs (BEUC) which
Bureau Européen des Unions
the
long
established
and
is the long established and
de Consommateurs
(BEUC)
recognised
NGO
representing
recognised NGO representing which is the long established
consumer interests in relation to all
consumer interests in relation to and
recognised
NGO
relevant Union policies, and the
all relevant Union policies, and
representing consumer interests
European Association for the Co-
the European Association for the in relation to all relevant Union
ordination
of
Consumer
Co-ordination
of
Consumer
policies, and the
European
Representation in Standardisation
Representation
in Association
for
the
Co-
(ANEC)
which
represents
Standardisation (ANEC) which ordination
of
Consumer
consumers interest in relation to
represents consumers interest in
Representation
in
standardisation issues. In doing so,
relation to standardisation issues.
Standardisation (ANEC) which
particular attention should be
In doing so, particular attention represents consumers interest in
69
given to new market needs
should be given to new market
relation
to
standardisation
regarding
the
promotion
of
needs regarding the promotion of issues. In doing so, particular
sustainable consumption and the
sustainable consumption and the
attention should be given to
prevention of vulnerabilities as
prevention of
in particular to new market needs regarding the
well as challenges created by the
actions to tackle the issue of promotion
of
sustainable
digitisation of the economy or the
planned
obsolescence
of
consumption and the prevention
development of new consumption
products
and
to
prevent
of vulnerabilities as well as
patterns and business models. The
vulnerabilities
as
well
as
challenges created by the
Programme should support the
challenges
created
by
the digitisation of the economy or
development
of
relevant
digitisation of the economy
,
the
development
of
new
information on markets, policy
connected products, internet of consumption
patterns
and
challenges, emerging issues and
things, artificial intelligence business
models.
The
behaviours, and the publication of
and use of algorithms or the Programme should support the
the Union consumer scoreboards.
development
of
new
development
of
relevant
consumption
patterns
and
information on markets, policy
business models
, such as the challenges, emerging issues and
collaborative
economy
and behaviours, and the publication
social entrepreneurship. The
of
the
Union
consumer
Programme should support the scoreboards.
development
of
relevant
information
on
markets
,
including actions aiming at
improving product traceability
along the supply chain, quality
standards across the Union, and
addressing the issue of the dual
quality of products, policy
challenges, emerging issues and
70
behaviours, and the publication
of
the
Union
consumer
scoreboards.
[Am. 40]
52.
(38)
The Programme should
(38)
The Programme should (38) The Programme should
Yellow
support
national
competent
support
national
competent support national competent
authorities,
including
those
authorities,
including
those
authorities,
including
those
responsible for monitoring product
responsible
for
monitoring responsible
for
monitoring
safety, who cooperate notably via
product safety, who cooperate product safety, who cooperate
the Union’s rapid alert system for
notably via the Union’s rapid
notably via the Union’s rapid
dangerous products. It should also
alert system for dangerous
alert system for dangerous
support
the
enforcement
of
products. It should also support products. It should also support
Directive 2001/95/EC of the
the enforcement of Directive the enforcement of Directive
European Parliament and of the
2001/95/EC of the European
2001/95/EC of the European
Council58 and Regulation (EC) No
Parliament and of the Council58 Parliament and of the Council
12
765/2008
regarding
consumer
and
Regulation
(EC)
No
and
Regulation
(EC)
No
protection and product safety, and
765/2008 regarding consumer
765/2008 regarding consumer
the
Consumer
Protection
protection and product safety,
protection and product safety,
Cooperation
network
and
and the Consumer Protection and the Consumer Protection
international cooperation between
Cooperation
network
and
Cooperation
network
and
the relevant authorities in third
international
cooperation
international
cooperation
countries and in the Union. The
between the relevant authorities between the relevant authorities
Programme should also aim to
in third countries and in the in third countries and in the
ensure access for all consumers
Union. The Programme should Union. The Programme should
and traders to quality out of court
also aim to ensure access for all
also aim to ensure access for all
dispute resolution and online
consumers and traders to quality consumers and traders to
dispute resolution and information
out of court dispute resolution quality out of court dispute
on redress possibilities.
and online dispute resolution and
resolution and online dispute
71
information on
the process for
resolution and information on
_______
participating in actions seeking redress possibilities.
58
Directive 2001/95/EC of the
redress
possibilities
, at the
European Parliament and of the
lowest cost.
[Am. 41]
______________________
Council of 3 December 2001 on ______________________
12 Directive 2001/95/EC of the
general product safety (OJ L 11, 58 Directive 2001/95/EC of the
European Parliament and of the
15.1.2002, p. 4).
European Parliament and of the Council of 3 December 2001 on
Council of 3 December 2001 on
general product safety (OJ L 11,
general product safety (OJ L 11, 15.1.2002, p. 4).
15.1.2002, p. 4).
53.
(39)
The European Consumer
(39)
The
Programme should (39) The European Consumer
Yellow
Centres Network is assisting
also
support
a
European
Centres Network is assisting
consumers to obtain the benefit of
Consumer Centres Network is
consumers to obtain the benefit
their Union consumer rights when
assisting
which
assists
of their Union consumer rights
they purchase goods and services
consumers to obtain the benefit
when they purchase goods and
cross border in the Internal Market
of their Union consumer rights
services cross border in the
and EEA, either on-line or when
when they purchase goods and
Internal Market and EEA, either
travelling. The 30 centres strong
services cross border in the on-line or when travelling. The
network, jointly funded by the
Internal Market and EEA, either 30 centres strong network,
Union
consumer
programmes
on-line or when travelling. The jointly funded by the Union
since more than 10 years has
30 centres strong network,
consumer programmes since
proven
its
added
value
to
jointly funded by the Union
more than 10 years has proven
strengthen consumers and traders
consumer programmes since its added value to strengthen
trust in the Internal Market. It deals
more than 10 years has proven its consumers and traders trust in
with
more
than
100
000
added
value
to
strengthen
the Internal Market. It deals
consumers’ requests per year and
consumers and traders trust in the with more than 100 000
reaches millions of citizens via its
Internal Market. It deals with consumers’ requests per year
press and online information
more than 100 000 consumers’
and reaches millions of citizens
72
activities. It is one of the most
requests per year and reaches via its press and online
valued
citizens’
assistance
millions of citizens via its press information activities. It is one
network of the Union and most of
and online information activities. of the most valued citizens’
its centres host contact points for
It is one of the most valued
assistance network of the Union
internal market law, such as the
citizens’ assistance network of
and most of its centres host
Directive 2006/123/EC of the
the Union and most of its centres contact points for internal
European Parliament and of the
host contact points for internal
market law, such as the
Council59
and
its
evaluation
market law, such as the Directive Directive 2006/123/EC of the
stresses the importance to continue
2006/123/EC of the European
European Parliament and of the
its operation. The network also
Parliament and of the Council59 Council13 and its evaluation
intends to develop reciprocity
and its evaluation stresses the stresses the importance to
arrangements with similar bodies
importance
to
continue
its continue its operation. The
in third countries.
operation.
European Consumer network also intends to develop
__________
Centres Network can be also an reciprocity arrangements with
59 Directive 2006/123/EC of the
important source of information similar
bodies
in
third
European Parliament and of the
about challenges and problems countries.
Council of 12 December 2006 on
that consumers encounter at
services in the internal market (OJ
local level, which are relevant
_________________________
L 376, 27.12.2006, p. 36).
for Union policy-making and 13 Directive 2006/123/EC of the
for the protection of the interests European Parliament and of the
of consumers. Therefore, the Council of 12 December 2006
Programme should allow for the on services in the internal
building and enhancing of market (OJ L 376, 27.12.2006,
synergies between consumer p. 36).
representation at local and
Union
level
in
order
to
strengthen consumer advocacy.
The network also intends to
73
develop
reciprocity
arrangements with similar bodies
in third countries.
[Am. 42]
_________________________
59 Directive 2006/123/EC of the
European Parliament and of the
Council of 12 December 2006 on
services in the internal market
(OJ L 376, 27.12.2006, p. 36).
54.
(40)
The fitness check of Union (40)
The fitness check of
(40) The fitness check of Union
Yellow
consumer and marketing law Union consumer and marketing consumer and marketing law
carried out by the Commission in law
carried
out
by
the carried out by the Commission
May 2017 exposed the need to Commission
in
May
2017
in May 2017 exposed the need
better enforce rules and facilitate exposed the need to better
to better enforce rules and
redress when consumers have been enforce rules and facilitate facilitate
redress
when
harmed by breaches to consumer redress when consumers have consumers have been harmed
laws. As a result the Commission been harmed by breaches to
by breaches to consumer laws.
adopted
a
"New
Deal
for consumer laws. As a result the As a result the Commission
Consumers" in April 2018 to Commission adopted a "New
adopted
a "New Deal for
ensure, inter alia, the equal Deal for Consumers" in April Consumers" in April 2018 to
treatment of consumers across the 2018 to ensure, inter alia, the ensure, inter alia, the equal
internal market in relation to dual equal treatment of consumers
treatment of consumers across
quality
standards,
stronger across the internal market in the internal market in relation to
enforcement capacities of Member relation to
cross-border cases,
dual quality standards, stronger
States, enhanced product safety,
such as selling of non-compliant enforcement
capacities
of
increased
international
products in the motor vehicles
Member
States,
enhanced
cooperation and new possibilities
sector, dual quality standards
of
product
safety,
increased
for
redress
notably
through
products or the problems of international cooperation and
74
representative actions by qualified
passengers stranded as a result new possibilities for redress
entities. The Programme should
of the cancellation of a large notably through representative
aim to support consumer policy
number of flights, stronger
actions by qualified entities.
with
awareness
raising
and
enforcement
capacities
of The Programme should aim to
knowledge
building,
capacity Member
States,
enhanced
support consumer policy with
building and exchange of best product
safety,
increased
awareness
raising
and
practices
of
the
consumer
international cooperation and
knowledge building, capacity
organisations
and
consumer
new possibilities
for redress
building and exchange of best
protection authorities, networking notably through representative practices of the consumer
and
development
of
market actions by qualified entities. The organisations and consumer
intelligence, strengthening the Programme
should
aim
to protection
authorities,
evidence base on the functioning support consumer policy with
networking and development of
of
the
internal
market
for awareness raising and knowledge market
intelligence,
consumers,
IT
systems
and building, capacity building and
strengthening the evidence base
communication tools, inter alia.
exchange of best practices of the on the functioning of the
consumer
organisations
and internal market for consumers,
consumer protection authorities, IT systems and communication
networking and development of tools, inter alia.
market
intelligence,
strengthening the evidence base
on the functioning of the internal
market
for
consumers,
IT
systems
and
communication
tools, inter alia.
[Am. 43]
55.
(41)
Citizens are particularly
(41)
Citizens are particularly (41) Citizens are particularly
Yellow
affected by the functioning of
affected by the functioning of affected by the functioning of
financial services markets. These
financial services markets
and financial
services
markets.
75
are a key component of the internal
should, therefore, be further These are a key component of
market and require a solid
informed on pertinent rights, the internal market and require
framework for regulation and
risks and benefits. These are a a
solid
framework
for
supervision which ensures not only
key component of the internal
regulation
and
supervision
financial stability and a sustainable
market and require a solid which
ensures
not
only
economy, but also provides a high
framework for regulation and financial
stability
and
a
level of protection to consumers
supervision which ensures not
sustainable economy, but also
and other financial services end
only financial stability and a provides a high level of
users, including retail investors,
sustainable economy, but also protection to consumers and
savers, insurance policyholders,
provides
a
high
level
of
other financial services end
pension
fund
members
and
protection to consumers and
users, including retail investors,
beneficiaries,
individual
other financial services end
savers, insurance policyholders,
shareholders,
borrowers
and
users, including retail investors,
pension fund members and
SMEs. It is important to enhance
savers, insurance policyholders,
beneficiaries,
individual
their capacity to participate in
pension fund members and
shareholders, borrowers and
policy making for the financial
beneficiaries,
individual SMEs. It is important to
sector.
shareholders,
borrowers
and
enhance
their capacity to
SMEs.
It is important
The participate in policy making for
Programme should contribute the financial sector.
to enhance their capacity to
participate in policy makingfor
,
also through production and
dissemination of clear, complete
and user-friendly information
about products commercialised
in the financial sector
markets.
[Am. 44]
76
56.
(42)
The Programme should (42)
The Programme should
(42) The Programme should
Yellow
therefore continue to support the therefore continue to support the therefore continue to support
specific activities covered by the specific activities covered by the the specific activities covered
2017-2020
Capacity-Building 2017-2020
Capacity-Building by the 2017-2020 Capacity-
Programme
enhancing
the Programme
enhancing
the Building Programme enhancing
involvement of consumers and
involvement of consumers and
the involvement of consumers
other financial services end-users
other financial services end-users
and other financial services
in Union policy-making, as set out in Union policy-making, as set
end-users in Union policy-
in Regulation (EU) 2017/826 of out in Regulation (EU) 2017/826 making, as set out in Regulation
the European Parliament and of the of the European Parliament and (EU) 2017/826 of the European
Council60 which continued the of the Council60 which continued Parliament and of the Council
14
pilot programme and preparatory the
pilot
programme
and
which continued the pilot
action of the years 2012-2017.
preparatory action of the years
programme and preparatory
This is necessary in order to
2012-2017. This is necessary in
action of the years 2012-2017.
provide policy makers with views order to provide policy makers
This is necessary in order to
from stakeholders other than
with views from stakeholders
provide policy makers with
financial sector professionals and other
than
financial
sector views from stakeholders other
ensure a better representation of professionals and ensure a better
than
financial
sector
the interests of consumers and
representation of the interests of professionals and ensure a
other financial services end-users.
consumers and other financial
better representation of the
This should result in better services
end-users.
The
interests of consumers and
financial services policies, notably
Programme
other financial services end-
thanks
to
a
better
public
should continuously develop its users. This should result in
understanding of the issues at stake
methodology and best practices better
financial
services
in
financial
regulation
and
on
how
to
increase
the policies, notably thanks to a
enhanced financial literacy.
engagement of consumers and better public understanding of
_________
financial-services end-users in
the issues at stake in financial
order to identify issues relevant
77
60 Regulation (EU) 2017/826 of the
for Union policy-making and regulation
and
enhanced
European Parliament and of the
ensuring
the
interests
of financial literacy.
Council of 17 May 2017 on
consumers in the area of
establishing a Union programme to
financial services. This should
___________________
support
specific
activities result in better
improve financial
14 Regulation (EU) 2017/826 of
enhancing the involvement of services policies, notably thanks
the European Parliament and of
consumers and other financial to a better public understanding the Council of 17 May 2017 on
services
end-users
in
Union of the issues at stake in financial
establishing
a
Union
policy-making in the area of
regulation
and
enhanced
programme to support specific
financial services for the period financial literacy.
The public activities
enhancing
the
2017-2020 (OJ L 129, 19.5.2017,
resources of this Programme involvement of consumers and
p.17).
should focus on what is essential other financial services end-
for the final users and avoid any users in Union policy-making
form of direct or indirect in the area of financial services
financial support to commercial for the period 2017-2020 (OJ L
activities proposed by private
129, 19.5.2017, p.17).
financial operators. [Am. 45]
___________________
60 Regulation (EU) 2017/826 of
the European Parliament and of
the Council of 17 May 2017 on
establishing a Union programme
to support specific activities
enhancing the involvement of
consumers and other financial
services end-users in Union
policy-making in the area of
financial services for the period
78
2017-2020 (OJ L 129, 19.5.2017,
p.17).
57.
(43)
In the context of a pilot
(43)
In the context of a pilot (43) In the context of a pilot
Yellow
project, between 2012 and 2013,
project, between 2012 and 2013, project, between 2012 and
and of a preparatory action,
and of a preparatory action, 2013, and of a preparatory
between 2014 and 2016, the
between 2014 and 2016, the action, between 2014 and 2016,
Commission awarded grants to
Commission awarded grants to the Commission awarded grants
two organisations following an
two organisations following an
to two organisations following
annual open call for proposals. The
annual open call for proposals. an annual open call for
two organisations are Finance
The
two
organisations
are
proposals.
The
two
Watch, set up with Union grants in
Finance Watch, set up with organisations
are
Finance
2011 as an international non-profit
Union grants in 2011 as an
Watch, set up with Union grants
association under Belgian law, and
international
non-profit
in 2011 as an international non-
Better Finance, which is the
association under Belgian law,
profit association under Belgian
product
of
successive
re-
and Better Finance, which is the law, and Better Finance, which
organisations and rebranding of
product
of
successive
re-
is the product of successive re-
pre-existing European federations
organisations and rebranding of organisations and rebranding of
and shareholders since 2009. The
pre-existing
European
pre-existing
European
Capacity-Building
Programme
federations and shareholders
federations and shareholders
established under Regulation (EU)
since 2009. The Capacity-
since 2009. The Capacity-
2017/826, identifies these same
Building Programme established
Building
Programme
two
organisations
as
sole
under
Regulation
(EU)
established under Regulation
beneficiaries.
It
is
therefore
2017/826, identifies these same (EU) 2017/826, identifies these
necessary to continue to co-finance
two
organisations
as
sole same two organisations as sole
these organisations in the context
beneficiaries. It is therefore beneficiaries. It is therefore
of the Programme. However, this
necessary to continue to co-
necessary to continue to co-
finance these organisations in the finance these organisations in
79
financing should be subject to
context of the Programme.
the context of the Programme.
review.
However, this financing should However,
this
financing
be subject to review.
In this sh
would
be
subject
to
respect, it should be recalled
review
the evaluation of the
that in the event that the achievement of the objectives
Capacity-Building Programme pursued, based on a thorough
and corresponding funding are evaluation of its effectiveness
extended beyond 2020 and other and impact.
potential beneficiaries emerge,
the call for applicants should be
open to any other organisations
that fulfil the criteria, and
contribute to the objectives, of
the Programme and this in
accordance with Regulation
(EU) 2017/826. [Am. 46]
58.
(44)
A high level of health (44)
A high level of health (44) A high level of health
Yellow
protection through the food supply protection through the food
and
protection through the food
chain is necessary to allow the
feed supply chain is necessary
to
supply chain
in the area of
internal
market
to
operate
protect consumers as well as to
plants, animals, food and feed
efficiently. A safe and sustainable allow the internal market to is necessary to allow the
food supply chain is a prerequisite operate efficiently
and smoothly.
internal market to operate
for society and for the internal A
safe
and
sustainable efficiently.
A
safe
and
market. Cross border health crises
agricultural and food supply sustainable
food
supply
and food scares disrupt the chain is a prerequisite for society chain
This is a prerequisite for
functioning of the internal market
and for the internal market.
As
society and for the internal
by limiting the movements of
demonstrated
by
recent
market. Cross border health
80
persons and goods and disrupting
incidents such as the fipronil crises and food scares disrupt
production.
egg contamination in 2017 and the functioning of the internal
the horse meat scandal in 2013, market
by
limiting
the
cross border health crises
, such
movements of persons and
as avian influenza or African goods
and
disrupting
swine fever and food scares
production.
disrupt the functioning of the
internal market by limiting the
movements of persons and goods
and
disrupting
production.
Preventing cross border health
crises and food scares is of
utmost importance. Therefore,
the Programme should support
concrete
actions,
such
as
establishing
emergency
measures in the event of crisis
situations and unforeseeable
events affecting animal and
plant
health,
creating
a
mechanism for direct access to
the emergency aid reserve in
order
to
deal
with
these
emergency
situations
more
promptly,
effectively
and
efficiently. [Am. 47]
81
59.
(45)
The general objective of (45)
The general objective of (45) The general objective of
Yellow
Union law in the food chain area is Union law in the food chain area Union law in the food chain
to contribute to a high level of
is to contribute
guarantee to a
area
of plants, animals, food
health for humans, animals and high level of health for humans,
and feed is to contribute to a
plants along the food chain, to animals and plants along the food high level of health for humans,
support the improvement of the chain,
to
support
the
animals and plants along the
welfare of animals, to contribute to improvement of the welfare of food chain, to support the
a high level of protection and animals, to contribute to a high
improvement of the welfare of
information for consumers and a level
of
protection
and animals, to contribute to a high
high level of protection of the information for consumers and a level
of
protection
and
environment,
including
the high level of protection of the information for consumers and
preservation of biodiversity, while
environment,
including
the
a high level of protection of the
improving the sustainability of preservation
of
biodiversity,
environment,
including
the
European
food
and
feed
while
improving
the
preservation of biodiversity,
productions, increasing quality sustainability of European food
while
improving
the
standards
across
the
Union, and feed productions,
cutting sustainability of European food
enhancing the competitiveness of
food
waste,
increasing
the
and
feed
productions,
the Union food and feed industry quality standards
of products increasing quality standards
and favouring the creation of jobs.
across the Union, enhancing the across the Union, enhancing the
competitiveness of the Union competitiveness of the Union
food and feed industry and
food and feed industry and
favouring the creation of jobs. favouring the creation of jobs.
[Am. 48]
60.
(46)
Considering the specific
(46)
Considering the specific (46) Considering the specific
Yellow
nature of the actions concerning a
nature of the actions concerning nature of the actions concerning
high level of health for humans,
a high level of health for humans, a high level of health for
animals and plants along the food
animals and plants along the food humans, animals and plants
82
chain special eligibility criteria
chain special eligibility criteria along the food chain special
concerning provision of grants and
concerning provision of grants
eligibility criteria concerning
use of public procurement need to
and use of public procurement
provision of grants and use of
be provided in this Regulation. In
need to be provided in this public procurement need to be
particular, by way of derogation
Regulation. In particular, by way provided in this Regulation. In
from Regulation (EU, Euratom) of
of derogation from Regulation
particular, by way of derogation
the European Parliament and of the
(EU, Euratom)
2018/1046 of the from Regulation (EU, Euratom)
Council61
(the
'Financial
European Parliament and of the
2018/1046 of the European
Regulation'), as an exception to the
Council61
(the
'Financial
Parliament and of the Council
15
principle of non-retroactivity, the
Regulation'), as an exception to (the 'Financial Regulation'), as
costs for the emergency measures,
the principle of non-retroactivity,
an exception to the principle of
due
to
their
urgent
and
the costs for the emergency non-retroactivity, the costs for
unforeseeable nature, should be
measures, due to their urgent and the emergency measures, due to
eligible and include also costs
unforeseeable nature, should be their urgent and unforeseeable
incurred as a result of a suspected
eligible and include also costs nature, should be eligible and
occurrence of a disease or pest
incurred as a result of a suspected include also costs incurred as a
provided that that occurrence is
occurrence of a disease or pest
result of a suspected occurrence
subsequently
confirmed
and
provided that that occurrence is
of a disease or pest provided
notified to the Commission. The
subsequently
confirmed
and
that
that
occurrence
is
corresponding
budgetary
notified to the Commission. The
subsequently confirmed and
commitments and the payment of
corresponding
budgetary notified to the Commission.
eligible expenditure should be
commitments and the payment of The corresponding budgetary
made by the Commission, after
eligible expenditure should be commitments and the payment
signature of the legal commitments
made by the Commission, after
of eligible expenditure should
and after assessment of the
signature
of
the
legal
be made by the Commission,
payment applications submitted by
commitments
and
after
after signature of the legal
the Member States. Costs should
assessment of the payment
commitments
and
after
also be eligible for protection
applications submitted by the
assessment of the payment
83
measures taken in the case of a
Member States. Costs should applications submitted by the
direct threat to the status of health
also be eligible for protection Member States. Costs should
in the Union as a result of the
measures taken in the case of a also be eligible for
prevention
occurrence or development, in the
direct threat to the status of
and protection measures taken
territory of a third country, a
health in the Union as a result of in the case of a direct threat to
Member
State
or
overseas
the occurrence or development, the status of health in the Union
countries and territories, of certain
in the territory of a third country, as a result of the occurrence or
animal diseases and zoonoses as
a Member State or overseas
development, in the territory of
well as in respect of protection
countries and territories, of
a third country, a Member State
measures,
or
other
relevant
certain animal diseases and
or overseas countries and
activities, taken in support of the
zoonoses as well as in respect of territories, of certain animal
health status of plants in the Union.
protection measures, or other diseases and zoonoses as well
_____
relevant activities, taken in as in respect of protection
61[to add]
support of the health status of
measures, or other relevant
plants in the Union.
activities, taken in support of
__________________
the health status of plants in the
61
Regulation (EU, Euratom) Union.
2018/1046 of the European
Parliament and of the Council ___________
of 18 July 2018 on the financial 15 [to add]
Regulation (EU,
rules applicable to the general
Euratom) 2018/1046 of the
budget of the Union, amending European Parliament and of
Regulations
(EU)
No the Council of 18 July 2018
1296/2013, (EU) No 1301/2013, on
the
financial
rules
(EU) No 1303/2013, (EU) No
applicable to the general
1304/2013, (EU) No 1309/2013, budget
of the Union,
(EU) No 1316/2013, (EU) No
amending Regulations (EU)
223/2014, (EU) No 283/2014, No
1296/2013,
(EU)
No
84
and Decision No 541/2014/EU 1301/2013,
and repealing Regulation (EU,
(EU) No 1303/2013,
Euratom) No 966/2012
(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 (OJ
L 193, 30.7.2018, p. 1).
61.
(47)
Official controls carried
(47)
In view of the fact the
(47) Official controls carried
Yellow
out by the Member States are an
food chain is increasingly out by the Member States are an
essential tool for verifying and
globalised,
official
controls essential tool for verifying and
monitoring that relevant Union
carried out by the Member States monitoring that relevant Union
requirements
are
being
are an essential tool for verifying requirements
are
being
implemented, complied with and
and monitoring that relevant
implemented, complied with
enforced. The effectiveness and
Union requirements are being and enforced. The effectiveness
efficiency of official control
implemented, complied with and
and
efficiency
of
official
systems is vital for maintaining a
enforced
, especially as regards control systems is vital for
high level of safety for humans,
products imported from third maintaining a high level of
animals and plants along the food
countries. The effectiveness and
safety for humans, animals and
chain whilst ensuring a high level
efficiency of official control
plants along the food chain
of protection of the environment
systems is vital for maintaining a whilst ensuring a high level of
and of animal welfare. Union
high level of safety for humans, protection of the environment
financial support should be made
animals and plants along the food and of animal welfare. Union
available
for
such
control
chain
, as well as consumer financial support should be
measures. In particular, a financial
confidence, whilst ensuring a
made available for such control
contribution should be available to
high level of protection of the measures. In particular, a
85
Union reference laboratories in
environment and of animal financial contribution should be
order to help them bear the costs
welfare. Union financial support available to
European Union
arising from the implementation of
should be made available for
reference
laboratories
,
work programmes approved by the
such
control
measures.
In
European Union reference
Commission. Moreover, since the
particular,
a
financial
centres and national plant
effectiveness of official controls
contribution should be available
health reference laboratories
also depends on the availability to
to Union reference laboratories
in order to help them bear the
the control authorities of well
in order to help them bear the costs
arising
from
the
trained staff with an appropriate
costs
arising
from
the implementation
of
work
knowledge of Union law, the
implementation
of
work
programmes approved by the
Union should be able to contribute
programmes approved by the Commission. Moreover, since
to their training and relevant
Commission. Moreover, since the effectiveness of official
exchange programmes organised
the effectiveness of official
controls also depends on the
by competent authorities.
controls also depends on the availability to the control
availability
to
the
control authorities of well trained staff
authorities of well trained staff with an appropriate knowledge
with an appropriate knowledge
of Union law, the Union should
of Union law, the Union should be able to contribute to their
be able to contribute to their
training and relevant exchange
training and relevant exchange programmes
organised
by
programmes
organised
by competent authorities.
competent authorities.
[Am. 50]
62.
(47a)
Antimicrobial
Yellow
resistance is a growing health
problem in the Union and
worldwide.
Therefore,
it
should be possible to co-
86
finance measures to support
the
fight
against
antimicrobial
resistance
under this Programme.
63.
(48)
High-quality
European (48)
High-quality
European (48)
High-quality European
Yellow
statistics developed, produced and
statistics developed, produced
statistics developed, produced
disseminated under the European
and disseminated under the
and disseminated under the
Statistical Programme are essential European Statistical Programme European
Statistical
for
evidence-based
decision
are essential for evidence-based
Programme are essential for
making European statistics should decision
making
European
evidence-based
decision
be available in a timely manner statistics should be available in a making
European
statistics
and should contribute to the timely
manner
and
should should be available in a timely
implementation of Union policies contribute to the implementation
manner and should contribute
as reflected in the Treaty on the of Union policies as reflected in
to the implementation of Union
Functioning of the European
the Treaty on the Functioning of policies as reflected in the
Union, notably strengthened and
the European Union, notably Treaty on the Functioning of the
integrated economic governance, strengthened
and
integrated
European
Union,
notably
social, economic and territorial economic governance, social, strengthened and integrated
cohesion,
sustainable economic
and
territorial
economic governance, social,
development, agricultural policy,
cohesion,
sustainable
economic
and
territorial
the social dimension of Europe and
development, agricultural policy,
cohesion,
sustainable
globalisation.
the social dimension of Europe development,
agricultural
and globalisation.
policy, the social dimension of
Europe and globalisation.
64.
(49)
European
statistics
are (49)
European statistics are (49) European statistics are
Yellow
indispensable for Union decision- indispensable
for
Union
indispensable
for
Union
making and for the measurement decision-making and for the
decision-making and for the
of the performance and impact of measurement of the performance measurement
of
the
87
Union initiatives. Therefore, the and impact of Union initiatives. performance and impact of
continued
provision
and
Therefore,
the
continued Union initiatives. Therefore, the
development
of
European
provision and development of continued
provision
and
statistics, taking a Union-wide European statistics, taking a development
of
European
approach and going beyond an
Union-wide approach and going statistics, taking a Union-wide
internal market perspective should beyond
an
internal
market
approach and going beyond an
be ensured in order to cover all
perspective should be ensured in internal market perspective
Union activities and policy areas,
order to cover all Union activities should be ensured in order to
including empowering businesses and policy areas, including cover all Union activities and
and citizens to take informed empowering
businesses
and policy
areas,
including
decisions.
citizens
to
take
informed
empowering businesses and
decisions.
citizens
to
take
informed
decisions.
65.
(50)
In view of its horizontal (50)
In view of its horizontal (50) In view of its horizontal
Yellow
character, the European Statistical character,
the
European
character,
the
European
Programme is subject to specific Statistical Programme is subject
Statistical Programme is subject
requirements and notably those to specific requirements and to specific requirements and
laid down in Regulation (EC) No
notably those laid down in notably those laid down in
223/2009
of
the
European
Regulation (EC) No 223/2009 of Regulation (EC) No 223/2009
Parliament and of the Council62, in the European Parliament and of of the European Parliament and
particular with regard to the the Council62, in particular with of the Council
16, in particular
respect of statistical principles, the regard to the respect of statistical with regard to the respect of
functioning of the European
principles, the functioning of the statistical
principles,
the
statistical
system
and
its European statistical system and
functioning of the European
governance, including the role and
its governance, including the role statistical
system
and
its
tasks assigned to the European
and tasks assigned to the governance, including the role
statistical system committee and to European
statistical
system
and tasks assigned to
the
the Commission, the establishment committee
and
to
the
European statistical system
88
and
implementation
of
the Commission, the establishment committee
and
to
the
programming of the statistical and
implementation
of
the
Commission, the establishment
activities.
programming of the statistical and implementation of the
activities.
programming of the statistical
_______
activities.
16 Regulation (EC) No 223/2009 of _______
the European Parliament and of the 16 Regulation (EC) No 223/2009 _______
Council of 11 March 2009 on of the European Parliament and 16
Regulation
(EC)
No
European statistics and repealing of the Council of 11 March 2009
223/2009 of the European
Regulation (EC, Euratom) No
on
European
statistics
and
Parliament and of the Council
1101/2008
of
the
European
repealing
Regulation
(EC,
of 11 March 2009 on European
Parliament and of the Council on Euratom) No 1101/2008 of the statistics
and
repealing
the transmission of data subject to European Parliament and of the
Regulation (EC, Euratom) No
statistical confidentiality to the
Council on the transmission of 1101/2008 of the European
Statistical Office of the European data
subject
to
statistical Parliament and of the Council
Communities, Council Regulation confidentiality to the Statistical on the transmission of data
(EC) No 322/97 on Community Office
of
the
European
subject
to
statistical
Statistics, and Council Decision
Communities,
Council
confidentiality to the Statistical
89/382/EEC, Euratom establishing Regulation (EC) No 322/97 on Office
of
the
European
a Committee on the Statistical Community
Statistics,
and Communities,
Council
Programmes of the European
Council Decision 89/382/EEC, Regulation (EC) No 322/97 on
Communities (OJ L 87, 31.3.2009, Euratom
establishing
a
Community
Statistics,
and
p. 164).
Committee on the Statistical Council Decision 89/382/EEC,
Programmes of the European
Euratom
establishing
a
Communities
(OJ
L
87,
Committee on the Statistical
31.3.2009, p. 164).
Programmes of the European
Communities
(OJ
L
87,
31.3.2009, p. 164).
89
66.
(51)
The Programme has been
(51)
The Programme has been (51) The Programme has been
Yellow
submitted for prior examination to
submitted for prior examination submitted for prior examination
the European Statistical System
to the European Statistical to the European Statistical
Committee in accordance with
System
Committee
in System
Committee
in
Regulation (EC) No 223/2009.
accordance
with
Regulation
accordance with Regulation
(EC) No 223/2009,
and should (EC) No 223/2009.
be implemented by ensuring
effective
parliamentary
scrutiny.
[Am. 51]
67.
(52)
The Union and Member
(52)
The Union and Member
(52) The Union and Member
Yellow
States are committed to the
States are committed to the States are committed to the
implementation of the United
implementation of
deliver on in
implementation of the United
Nations
2030
Agenda
for
being
a frontrunner
in
Nations 2030 Agenda for
Sustainable
Development.
By
implementing
the
United Sustainable Development. By
contributing to the achievement of
Nations
2030
Agenda
for
contributing to the achievement
the 2030 Agenda, the Union and
Sustainable Development. By of the 2030 Agenda, the Union
Member States will foster a
contributing to the achievement
and Member States will foster a
stronger,
more
sustainable,
of the 2030 Agenda, the Union stronger,
more
sustainable,
inclusive, secure and prosperous
and Member States will foster a inclusive,
secure
and
Europe. The Programme should
stronger,
more
sustainable,
prosperous
Europe.
The
contribute to the implementation
inclusive, secure and prosperous
Programme should contribute
of the 2030 Agenda, including by
Europe. The Programme should to the implementation of the
balancing the economic, social and
contribute to the implementation 2030 Agenda, including by
environmental
dimensions
of
of the 2030 Agenda, including by balancing the economic, social
sustainable development.
balancing the economic, social and environmental dimensions
and environmental dimensions of sustainable development.
of
sustainable
development
,
90
providing to that end clear and
visible commitment in its MFF
regulation, and mainstreaming
the Sustainable Development
Goals,
as
requested
by
the European
Parliament
resolutions of the 14 March and
30 May 2018 on the 2021-2027
MFF.
[Am. 52]
68.
(53)
Reflecting the importance (53)
Reflecting the importance (53) Reflecting the importance
Green
of tackling climate change in line of tackling climate change in line of tackling climate change in
with the Union's commitments to with the Union's commitments to line
with
the
Union's
implement the Paris Agreement
implement the Paris Agreement
commitments to implement the
and the United Nations Sustainable and
the
United
Nations
Paris Agreement and the United
Development
Goals,
this Sustainable Development Goals, Nations
Sustainable
Programme should contribute to this
Programme
should Development
Goals,
this
mainstream climate actions and to contribute to mainstream climate Programme should contribute
the achievement of an overall
actions and to the achievement of to mainstream climate actions
target of 25 % of the Union budget an overall target of 25 % of the and to the achievement of an
expenditures supporting climate Union
budget
expenditures
overall target of 25 % of the
objectives. Relevant actions will supporting climate objectives.
Union
budget
expenditures
be
identified
during
the Relevant
actions
will
be supporting climate objectives.
Programme's
preparation
and identified
during
the Relevant
actions
will
be
implementation, and reassessed in Programme's preparation and
identified
during
the
the context of the relevant
implementation, and reassessed
Programme's preparation and
evaluations and review processes.
in the context of the relevant
implementation, and reassessed
in the context of the relevant
91
evaluations
and
review
evaluations
and
review
processes.
processes.
69.
(54)
This Regulation lays down (54)
This
Regulation
lays (54) This Regulation lays down
Green
a financial envelope for the down a financial envelope for the a financial envelope for the
Programme which is to constitute Programme which is to constitute Programme
which
is
to
the prime reference amount, within the prime reference amount, constitute the prime reference
the meaning of [
reference to be within the meaning of [
reference
amount, within the meaning of
updated as appropriate according to be updated as appropriate [
reference to be updated as
to the new inter-institutional according to the new inter- appropriate according to the
agreement:
point 17 of the
institutional agreement: point 17
new
inter-institutional
Interinstitutional Agreement of 2 of
the
Interinstitutional
agreement: point 17 of the
December 2013 between the Agreement of 2 December 2013 Interinstitutional Agreement of
European Parliament, the Council between
the
European
2 December 2013 between the
and the Commission on budgetary Parliament, the Council and the European
Parliament,
the
discipline, on cooperation in Commission
on
budgetary Council and the Commission on
budgetary matters and on sound discipline, on cooperation in
budgetary
discipline,
on
financial management63], for the
budgetary matters and on sound cooperation
in
budgetary
European Parliament and the financial management63], for the
matters and on sound financial
Council
during
the
annual
European Parliament and the management
17],
for
the
budgetary procedure.
Council
during
the
annual
European Parliament and the
budgetary procedure.
Council during the annual
_______
budgetary procedure.
63 OJ C 373, 20.12.2013, p. 1.
_______
http://eur-lex.europa.eu/legal-
63 OJ C 373, 20.12.2013, p. 1.
_______
content/EN/TXT/?uri=uriserv:OJ.
http://eur-lex.europa.eu/legal-
17 OJ C 373, 20.12.2013, p. 1.
C_.20
13.373.01.0001.01.ENG&to
content/EN/TXT/?uri=uriserv:O
http://eur-lex.europa.eu/legal-
c=OJ:C:2013:373:TOC
J.C_.20
13.373.01.0001.01.ENG
content/EN/TXT/?uri=uriserv:
&toc=OJ:C:2013:373:TOC
92
OJ.C_.20
13.373.01.0001.01.E
NG&toc=OJ:C:2013:373:TOC
70.
(55)
The Agreement on the (55)
The Agreement on the
[(55) The Agreement on the
Green
European Economic Area provides European
Economic
Area European
Economic
Area
for cooperation in the fields provides for cooperation in the provides for cooperation in the
subject to the Programme between fields subject to the Programme fields subject to the Programme
the Union and its Member States, between the Union and its between the Union and its
on the one hand, and the countries Member States, on the one hand,
Member States, on the one
of the European Free Trade and the countries of the European hand, and the countries of the
Association participating in the Free
Trade
Association
European
Free
Trade
European Economic Area, on the
participating in the European
Association participating in the
other. Provision should also be Economic Area, on the other.
European Economic Area, on
made to open the Programme to Provision should also be made to the other. Provision should also
participation by other countries, open
the
Programme
to be made to open the Programme
including
the
neighbouring participation by other countries,
to
participation
by
other
countries of the Union and including
the
neighbouring countries,
including
the
countries which are applying for, countries of the Union and
neighbouring countries of the
are candidates for or are acceding countries which are applying for, Union and countries which are
to, membership of the Union. In are candidates for or are acceding applying for, are candidates for
addition, in the field of European
to, membership of the Union. In
or are acceding to, membership
statistics, the Programme should addition, in the field of European
of the Union. In addition, in the
be
open
to
Switzerland
in statistics, the Programme should
field of European statistics, the
accordance with the Agreement
be open to Switzerland in
Programme should be open to
between the European Community accordance with the Agreement Switzerland in accordance with
and the Swiss Confederation on between
the
European
the Agreement between the
cooperation in the field of
Community
and
the
Swiss European Community and the
statistics64.
Swiss
Confederation
on
93
Confederation on cooperation in cooperation in the field of
_________
the field of statistics64.
statistics18.
]
64 OJ L 90, 28.3.2006, p. 2.
_________
_________
64 OJ L 90, 28.3.2006, p. 2.
18 OJ L 90, 28.3.2006, p. 2.
71.
(56)
Third countries which are (56)
Third countries which are
[(56) Third countries which are
Yellow
members
of
the
European
members
of
the
European
members of the European
Economic
Area
(EEA)
may Economic Area (EEA) may Economic Area (EEA) may
participate in Union programmes participate in Union programmes
participate
in
Union
in
the
framework
of
the in
the
framework
of
the programmes in the framework
cooperation established under the cooperation established under the of the cooperation established
EEA agreement, which provides EEA agreement, which provides
under the EEA agreement,
for the implementation of the for the implementation of the which
provides
for
the
programmes by a decision under
programmes by a decision under implementation
of
the
that agreement. Third countries that agreement. Third countries
programmes by a decision
may also participate on the basis of may also participate on the basis
under that agreement. Third
other legal instruments. A specific of other legal instruments. A
countries may also participate
provision should be introduced in specific provision should be on the basis of other legal
this Regulation to grant the introduced in this Regulation to instruments.
A
specific
necessary rights for and access to grant the necessary rights for and provision should be introduced
the authorising officer responsible, access to the authorising officer in this Regulation to grant the
the European Anti-Fraud Office
responsible, the European Anti- necessary rights for and access
(OLAF) as well as the European Fraud Office (OLAF) as well as to
the
authorising
officer
Court
of
Auditors
to the European Court of Auditors responsible, the European Anti-
comprehensively
exert
their to comprehensively exert their
Fraud Office (OLAF) as well as
respective competences.
respective competences.
the European Court of Auditors
to comprehensively exert their
respective competences.
]
94
72.
(57)
The Financial Regulation (57)
The Financial Regulation (57) The Financial Regulation
Yellow
applies to this Programme. It lays applies to this Programme. It lays applies to this Programme. It
down rules on the implementation
down
rules
on
the lays
down
rules
on
the
of the Union budget, including implementation of the Union
implementation of the Union
rules
on
grants,
prizes, budget, including rules on grants, budget, including rules on
procurement.
prizes, procurement.
eligibility criteria for grants,
prizes, procurement.
73.
(58)
The actions implemented
(58)
The actions implemented (58) The actions implemented
Yellow
under the predecessor programmes
under
the
predecessor
under
the
predecessor
and budget lines have proven to be
programmes and budget lines
programmes and budget lines
adequate and should be retained.
have proven to be adequate and
have proven to be adequate and
The new actions introduced under
should be retained. The new
should be retained. The new
the Programme aim to reinforce in
actions introduced under the actions introduced under the
particular the well-functioning
Programme aim to reinforce in
Programme aim to reinforce in
internal market. In order to provide
particular the well-functioning particular the well-functioning
more simplicity and flexibility in
internal market. In order to
internal market. In order to
the execution of the Programme
provide more simplicity and
provide more simplicity and
and thereby to better deliver on its
flexibility in the execution of the flexibility in the execution of
objectives, the actions should be
Programme and thereby to better the Programme and thereby to
defined only in terms of overall,
deliver on its objectives, the
better deliver on its objectives,
generic
categories.
Lists
of
actions should be defined only in the actions should be defined
indicative activities concerning
terms
of
overall,
generic only in terms of overall, generic
specific objectives in the area of
categories. Lists of indicative categories. Lists of indicative
competitiveness,
or
specific
activities concerning specific activities concerning specific
activities
stemming
from
objectives in the area of
objectives in the area of
regulatory requirements, like in the
competitiveness,
consumer competitiveness, or specific
area of standardisation, food chain
protection, or specific activities activities
stemming
from
regulation and European statistics
stemming
from
regulatory regulatory requirements, like in
95
should also be included in the
requirements, like in the area of the area of standardisation, food
Programme.
standardisation,
market
chain
regulation
the
plant,
surveillance,
food
chain
animal, food and feed area
regulation
and
European
and European statistics should
statistics should also be included
also
be
included
in
the
in the Programme.
[Am. 53]
Programme.
74.
(59)
It is necessary to specify (59)
It is necessary to specify (59) It is necessary to specify
Green
certain categories of entities certain categories of entities certain categories of entities
eligible for funding as well as
eligible for funding as well as
eligible for funding as well as
those entities which should be those entities which should be those entities which should be
eligible for funding without a call eligible for funding without a call eligible for funding without a
for proposals.
for proposals.
call for proposals.
75.
(60)
Considering the increasing (60)
Considering
the
(60) Considering the increasing
Yellow
interconnectivity of the world
increasing interconnectivity of interconnectivity of the world
economy, the Programme should the world
economy, including economy,
the
Programme
continue to provide the possibility
the
digital
economy,
the
should continue to provide the
of involving external experts, such
Programme should continue to
possibility of involving external
as officials of third countries, provide
the
possibility
of
experts, such as officials of
representatives of
international
involving external experts, such third countries, representatives
organisations
or
economic
as officials of third countries,
of international organisations or
operators in certain activities.
representatives of international
economic operators in certain
organisations
or
economic
activities.
operators in certain activities.
[Am. 54]
96
76.
(61)
It is necessary to indicate (61)
It is necessary to indicate (61) It is necessary to indicate
Yellow
special criteria concerning co-
special criteria concerning co-
special
fic criteria concerning
financing rules and eligible costs.
financing rules and eligible costs. co-financing rules and eligible
costs.
77.
(62)
In
line
with
the (62)
In
line
with
the
(62)
In
line
with
the
Green
Commission's commitment, set Commission's commitment, set
Commission's commitment, set
out in its Communication of 19 out in its Communication of 19
out in its Communication of 19
October 2010 entitled 'The EU October 2010 entitled 'The EU October 2010 entitled 'The EU
Budget Review'65, and in order to Budget Review'65, and in order to
Budget Review19, and in order
provide
for
coherence
and provide
for
coherence
and
to provide for coherence and
simplification
of
funding simplification
of
funding simplification
of
funding
programmes, resources should be programmes, resources should be programmes, resources should
shared with other Union funding shared with other Union funding be shared with other Union
instruments if the envisaged
instruments if the envisaged
funding instruments if the
actions under the Programme actions under the Programme
envisaged actions under the
pursue
objectives
which
are pursue objectives which are Programme pursue objectives
common
to
various
funding common to various funding which are common to various
instruments, excluding however
instruments, excluding however
funding instruments, excluding
double financing.
double financing.
however double financing.
________
________
65 COM(2010) 700 final of 19 65 COM(2010) 700 final of 19 ________
October 2010.
October 2010.
19 COM(2010) 700 final of 19
October 2010.
78.
(63)
This Programme should (63)
This Programme should (63) This Programme should
Green
contribute to the overall support contribute to the overall support
contribute to the overall support
addressing specific needs of addressing specific needs of addressing specific needs of
outermost
regions
and
their outermost regions and their
outermost regions and their
integration in the internal market,
integration in the internal market, integration in the internal
97
as recently reconfirmed in the as recently reconfirmed in the market, as recently reconfirmed
Commission's Communication "A
Commission's
Communication
in
the
Commission's
stronger and renewed strategic "A
stronger
and
renewed
Communication "A stronger
partnership
with
the
EU's strategic partnership with the and
renewed
strategic
outermost regions66.
EU's outermost regions66.
partnership with the EU's
outermost regions
20.
_____
_____
66 COM(2017) 623 final
66 COM(2017) 623 final
_____
20 COM(2017) 623 final
79.
(64)
The Programme should (64)
The Programme should (64) The Programme should
Yellow
promote synergies, while avoiding promote
synergies,
while promote
synergies,
while
duplication with related Union avoiding duplication with related
avoiding
duplication
with
programmes and actions. The Union programmes and actions.
related Union programmes and
actions under this Programme The
actions
under
this actions. The actions under this
should be complementary to those Programme
should
be
Programme
should
be
of
the Customs and Fiscalis
complementary to those of the complementary to those of the
Programmes
established
by Customs
and
Fiscalis
Customs
and
Fiscalis
Regulation (EU) […] of the Programmes
established
by Programmes established by
European Parliament and of the Regulation (EU) […] of the
Regulation (EU) […] of the
Council67 and Regulation (EU) European Parliament and of the European Parliament and of the
[…] of the European Parliament
Council67 and Regulation (EU)
Council
21 and Regulation (EU)
and of the Council68 which also […] of the European Parliament
[…] of the European Parliament
aim at supporting and improving and of the Council68 which also and of the Council
22 which also
the functioning of the internal
aim at supporting and improving aim
at
supporting
and
market.
the functioning of the internal
improving the functioning of
________
market.
[Am. 55]
the internal market.
67 COM(2018) 442 final
____________________
68 COM(2018) 443 final
67 COM(2018) 442 final
____________________
98
68 COM(2018) 443 final
21 COM(2018) 442 final
22 COM(2018) 443 final
80.
(65)
The Programme should
(65)
The Programme should (65) The Programme should
Yellow
promote
synergies
and
promote
synergies
and
,
promote
synergies
and
complementarities with respect to
complementarities
and
complementarities with respect
the SMEs and entrepreneurship
additionality with respect to the to
the
SMEs
and
support
under
the
European
SMEs
and
entrepreneurship
entrepreneurship support under
Regional
Development
Fund
support under the European
the
European
Regional
established by Regulation (EU)
Regional Development Fund
Development Fund established
[…] of the European Parliament
established by Regulation (EU) by Regulation (EU) […] of the
and of the Council69. Moreover,
[…] of the European Parliament
European Parliament and of the
the SME window of InvestEU
and of the Council69. Moreover,
Council23. Moreover, the SME
Fund established by Regulation
the SME window of InvestEU
window of InvestEU Fund
(EU) […] of the European
Fund established by Regulation
established by Regulation (EU)
Parliament and of the Council70
(EU) […] of the European
[…] of the European Parliament
will guarantee debt and equity
Parliament and of the Council70 and of the Council
24
will
support to enhance access and
will guarantee debt and equity guarantee debt and equity
availability of finance for SMEs.
support to enhance access and
support to enhance access and
The Programme should also seek
availability of finance for SMEs availability of finance for
synergies
with
the
Space
and micro enterprises. The
SMEs. The Programme should
Programme
established
by
Programme should also seek also seek synergies with the
Regulation (EU) […] of the
synergies
with
the
Space
Space Programme established
European Parliament and of the
Programme
established
by by Regulation (EU) […] of the
Council71
in
respect
of
Regulation (EU) […] of the
European Parliament and of the
encouragement of SMEs to benefit
European Parliament and of the Council
25
in
respect
of
from breakthrough innovation and
Council71
in
respect
of
encouragement of SMEs to
other solutions developed under
encouragement of SMEs to benefit
from
breakthrough
those programmes.
benefit
from
breakthrough
innovation and other solutions
99
_______
innovation and other solutions developed
under
those
69 COM(2018) 372 final
developed
under
those
programmes.
70 COM(2018) 439 final
programmes.
[Am. 56]
71 COM(2018) 447 final
__________
__________
23 COM(2018) 372 final
69 COM(2018) 372 final
24 COM(2018) 439 final
70 COM(2018) 439 final
25 COM(2018) 447 final
71 COM(2018) 447 final
81.
(66)
This Programme should (66)
This Programme should (66) This Programme should
Yellow
promote synergies with Horizon promote synergies with Horizon promote
synergies
with
Europe established by Regulation Europe
established
by Horizon Europe established by
(EU) No […] of the European
Regulation (EU) No […] of the Regulation (EU) No […] of the
Parliament and of the Council72 European Parliament and of the European Parliament and of the
which aims to promote research Council72 which aims to promote
Council
26
which
aims
to
and innovation. This should research and innovation. This promote
research
and
concern
in
particular should concern in particular
innovation.
This
should
complementarity with the actions
complementarity with the actions
concern
in
particular
of the future European Innovation of
the
future
European
complementarity
with
the
Council for innovative companies, Innovation
Council
for
actions of the future European
as well as the support of services
innovative companies, as well as
Innovation
Council
for
for SMEs.
the support of services for SMEs. innovative companies, as well
as the support of services for
______
______
SMEs
via the EEN.
72 COM(2018) 435 final
72 COM(2018) 435 final
______
26 COM(2018) 435 final
82.
(67)
The Programme should (67)
The Programme should (67) The Programme should
Yellow
promote
synergies
and promote
synergies
and
promote
synergies
and
100
complementarities with respect to complementarities with respect
complementarities with respect
the Digital Europe Programme to the Digital Europe Programme
to
the
Digital
Europe
established by Regulation (EU) established by Regulation (EU) Programme
established
by
[…] of the European Parliament […] of the European Parliament
Regulation (EU) […] of the
and of the Council73 which aims to and of the Council73 which aims
European Parliament and of the
promote the digitalisation of the to promote the digitalisation of
Council
27
which
aims
to
Union economy and the public the Union economy and the
promote the digitalisation of the
sector.
public sector
and increased
Union economy and the public
_______
cybersecurity.
[Am. 57]
sector.
73 COM(2018) 434 final
_______
73 COM(2018) 434 final
_______
27 COM(2018) 434 final
83.
(68)
In
addition,
the (68)
In
addition,
the
(68)
In
addition,
the
Green
Programme, should also seek Programme, should also seek
Programme, should also seek
synergies with the Justice, Rights synergies with the Justice, Rights synergies with the Justice,
and Values Fund established by and Values Fund established by Rights
and
Values
Fund
Regulation (EU) […] of the Regulation (EU) […] of the
established by Regulation (EU)
European Parliament and of the European Parliament and of the […] of the European Parliament
Council74 which aims to support Council74 which aims to support
and of the Council
28
which
the further development of a the further development of a aims to support the further
European area of justice for the European area of justice for the development of a European
effectiveness of national justice effectiveness of national justice
area
of
justice
for
the
systems, a key enabler of a fair and systems, a key enabler of a fair effectiveness of national justice
cost effective European economy.
and cost effective European
systems, a key enabler of a fair
economy.
and cost effective European
_____
economy.
74 COM(2018) 375 final
_____
74 COM(2018) 375 final
_____
101
28 COM(2018) 375 final
84.
(69)
This Programme should (69)
This Programme should (69) This Programme should
Green
promote synergies with Erasmus
promote synergies with Erasmus
promote
synergies
with
programme
established
by programme
established
by Erasmus
programme
Regulation (EU) […] of the Regulation (EU) […] of the
established by Regulation (EU)
European Parliament and of the European Parliament and of the […] of the European Parliament
Council75, the European Union Council75, the European Union and of the Council
29, the
Solidarity Fund established by Solidarity Fund established by European
Union
Solidarity
Regulation (EU) [...] of the Regulation (EU) [...] of the Fund established by Regulation
European Parliament and of the
European Parliament and of the (EU) [...] of the European
Council76 and the European Social Council76
and the European
Parliament and of the Council
30
Fund
Plus
established
by Social Fund Plus established by and the European Social Fund
Regulation (EU) […] of the Regulation (EU) […] of the
Plus established by Regulation
European Parliament and of the European Parliament and of the (EU) […] of the European
Council77 in the area of labour and
Council77 in the area of labour
Parliament and of the Council
31
youth mobility which is essential and youth mobility which is
in the area of labour and youth
for the well-functioning internal essential for the well-functioning mobility which is essential for
market.
internal market.
the well-functioning internal
market.
________
________
75 COM(2018) 367 final
75 COM(2018) 367 final
________
76 COM(2018) 322 final, Article 10 76 COM(2018) 322 final, Article 29 COM(2018) 367 final
77 COM(2018) 382 final
10
30 COM(2018) 322 final, Article
77 COM(2018) 382 final
10
31 COM(2018) 382 final
85.
(70)
Finally, food chain actions (70)
Finally,
food
chain (70) Finally, food chain actions
Yellow
such
as
veterinary
and actions such as veterinary and
such
as
veterinary
and
phytosanitary measures in case of phytosanitary measures in case of phytosanitary measures in case
102
animal and plant health crises animal and plant health crises
of animal and plant health crises
could be complemented by market
could be complemented by could be complemented by
based interventions from the market based interventions from
market
based
interventions
Union’s
Common
Agriculture
the
Union’s
Common
from the Union’s Common
Policy programming established Agriculture Policy programming Agriculture
Policy
by Regulation (EU) […] of the established by Regulation (EU) programming established by
European Parliament and of the […] of the European Parliament
Regulation (EU) […] of the
Council78.
and of the Council78.
European Parliament and of the
Council
32.
________
________
78 COM(2018) 393 final
78 COM(2018) 393 final
________
32 COM(2018) 393 final
86.
(71)
Where
relevant
the
(71)
Where
relevant
The
(71)
Where
relevant
the
Yellow
Programme's actions should be
Programme's actions should be Programme's actions should be
used to address market failures or
used
have a clear European used to address market failures
sub-optimal investment situations,
added value and to address
or
sub-optimal
investment
in a proportionate manner, without
market failures or sub-optimal
situations, in a proportionate
duplicating
or
crowding
out
investment
situations,
in
a manner, without duplicating or
private financing and have a clear
proportionate manner, without crowding out private financing
European added value.
duplicating or crowding out
and have a clear European
private financing and have a
added value.
clear European added value.
[Am. 58]
87.
(72)
The implementing powers (72)
The
implementing (72) The implementing powers
Yellow
should be conferred on the powers should be conferred on
should be conferred on the
Commission in respect of the the Commission in respect of the Commission in respect of the
adoption of work programmes adoption of work programmes
adoption of work programmes
103
implementing
the
actions implementing
the
actions
implementing
the
actions
contributing to a high level of
contributing to a high level of
contributing to a high level of
health for humans, animals and health for humans, animals and health for humans, animals and
plants along the food chain. Those plants along the food chain.
plants along the food chain
as
powers should be exercised in
Those
powers
should
be
well as food and feed safety.
accordance with Regulation (EU) exercised in accordance with Those
powers
should
be
No 182/2011 of the European
Regulation (EU) No 182/2011 of
exercised in accordance with
Parliament and of the Council79.
the European Parliament and of Regulation (EU) No 182/2011
the Council33 .
[Am. 59]
of the European Parliament and
_________
of the Council
33.
79 Regulation (EU) No 182/2011 of _________
the European Parliament and of the 79 Regulation (EU) No 182/2011 _________
Council of 16 February 2011
of the European Parliament and 33
Regulation
(EU)
No
laying down the rules and general
of the Council of 16 February 182/2011 of the European
principles concerning mechanisms 2011 laying down the rules and
Parliament and of the Council
for control by the Member States
general principles concerning of 16 February 2011 laying
of the Commission's exercise of mechanisms for control by the down the rules and general
implementing powers (OJ L 55,
Member
States
of
the
principles
concerning
28.2.2011, p. 13).
Commission's
exercise
of
mechanisms for control by the
implementing powers (OJ L 55,
Member
States
of
the
28.2.2011, p. 13).
Commission's
exercise
of
implementing powers (OJ L 55,
28.2.2011, p. 13).
88.
(73)
The types of financing and (73)
The types of financing (73) The types of financing and
Yellow
the methods of implementation and
the
methods
of
the methods of implementation
under this Regulation should be implementation
under
this under this Regulation should be
chosen on the basis of their ability Regulation should be chosen on
chosen on the basis of their
to achieve the specific objectives the basis of their ability to
ability to achieve the specific
104
of the actions and to deliver achieve the specific objectives of objectives of the actions and to
results, taking into account, in the actions and to deliver results,
deliver results, taking
into
particular, the costs of controls, the taking into account, in particular
,
account, in particular, the costs
administrative burden, and the
the Union added value, the costs
of controls, the administrative
expected risk of non-compliance. of controls, the administrative burden, and the expected risk of
This should include consideration burden, and the expected risk of non-compliance. This should
of the use of lump sums, flat rates non-compliance. This should include consideration of the use
and unit costs, as well as financing include consideration of the use of lump sums, flat rates and unit
not linked to costs as referred to in
of lump sums, flat rates and unit costs, as well as financing not
Article 125(1) of the Financial
costs, as well as financing not
linked to costs as referred to in
Regulation.
linked to costs as referred to in Article 125(1) of the Financial
Article 125(1) of the Financial
Regulation.
Regulation.
[Am. 60]
89.
(74)
To
ensure
regular
(74)
To
ensure
regular
(74)
To
ensure
regular
Yellow
monitoring and reporting, a proper monitoring and reporting
on the monitoring and reporting, a
framework for monitoring the
progress achieved and on the proper
framework
for
actions
and
results
of
the
effectiveness and efficiency of monitoring the actions and
Programme should be put in place
the
Programme,
a
proper
results of the Programme
from the very beginning. Such
framework for monitoring the should be put in place from the
monitoring and reporting should
actions and results of the
very
beginning.
Such
be based on indicators, measuring Programme should be put in monitoring
and
reporting
the effects of the actions under the place from the very beginning.
should be based on indicators,
Programme against pre-defined Such monitoring and reporting measuring the effects of the
baselines.
should be based on indicators,
actions under the Programme
measuring the effects of the against pre-defined baselines.
actions under the Programme
against pre-defined baselines.
[Am. 61]
105
90.
(75)
Pursuant to paragraph 22 (75)
Pursuant to paragraph 22 (75) Pursuant to paragraph 22
Yellow
and 23 of the Inter-institutional and 23 of the Inter-institutional
and 23 of the Inter-institutional
Agreement of 13 April 2016 on Agreement of 13 April 2016 on Agreement of 13 April 2016 on
Better Law-Making80, there is a Better Law-Making80, there is a
Better Law-Making
34, there is a
need to evaluate this Programme need to evaluate this Programme need
to
evaluate
this
on the basis of information on the basis of information Programme on the basis of
collected
through
specific collected
through
specific information collected through
monitoring requirements, while monitoring requirements, while specific
monitoring
avoiding
overregulation
and avoiding
overregulation
and
requirements, while avoiding
administrative
burdens,
in administrative
burdens,
in overregulation
and
particular on Member States. particular on Member States. administrative
burdens,
in
These
requirements,
where These
requirements,
where particular on Member States.
appropriate,
should
include appropriate,
should
include
These
requirements,
where
measurable indicators, as a basis
measurable indicators, as a basis
appropriate, should include
for evaluating the effects of the for evaluating the effects of the measurable indicators, as a
Programme on the ground.
Programme on the ground.
The
basis for evaluating the effects
___________
Commission should draw up an
of the Programme on the
80 OJ L 123, 12.5.2016, p. 1.
interim evaluation report on the ground.
achievement of the objectives of
the actions supported under the ___________
Programme, on the results and 34 OJ L 123, 12.5.2016, p. 1.
impacts, on the efficiency of the
use of resources and on its
Union added value, as well as a
final evaluation report on the
longer impact, the results and
the sustainability of the actions,
106
and the synergies with other
Programmes. [Am. 62]
___________
80 OJ L 123, 12.5.2016, p. 1.
91. Y
(75a) In order to supplement
Yellow
certain non-essential elements
of this Regulation, 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 the
adoption of work programme(s).
[Am. 63]
92.
(76)
The list of animal diseases (76)
The
An open list of
(76) The list of animal diseases
Yellow
and zoonosis which qualify for
animal diseases and zoonosis
and zoonosis which qualify for
funding
under
emergency which qualify for funding under funding
under
emergency
measures and for funding under emergency measures and for measures and for funding under
the
eradication,
control
and funding under the eradication,
the eradication, control and
surveillance programmes should control
and
surveillance surveillance
programmes
be established on the basis of programmes
should
be
should be established on the
animal diseases referred to in established on the basis of animal basis
of
animal
diseases
Chapter 2 of Part I of Regulation diseases referred to in Chapter 2 referred to in Chapter 2 of Part
(EU) 2016/429 of the European
of Part I of Regulation (EU) I of Regulation (EU) 2016/429
Parliament and of the Council81, 2016/429
of
the
European
of the European Parliament and
Regulation (EC) No 2160/2003 of Parliament and of the Council81, of the Council
35,
Directive
the European Parliament and of the Regulation (EC) No 2160/2003
2003/99/EC of the European
107
Council82 and Regulation (EC) No of the European Parliament and
Parliament
and
of
the
999/2001
of
the
European
of the Council82 and Regulation
Council35a, Regulation (EC)
Parliament and of the Council83.
(EC) No 999/2001 of the
No 2160/2003 of the European
European Parliament and of the Parliament and of the Council
36
_______
Council83.
[Am. 64]
and
Regulation
(EC)
No
81 Regulation (EU) 2016/429 of the ___________________
999/2001 of the European
European Parliament and of the 81 Regulation (EU) 2016/429 of
Parliament and of the Council
37.
Council of 9 March 2016 on the European Parliament and of
transmissible animal diseases and
the Council of 9 March 2016 on
___________________
amending and repealing certain transmissible animal diseases
35 Regulation (EU) 2016/429 of
acts in the area of animal health and amending and repealing the European Parliament and of
(‘Animal Health Law’) (OJ L 84,
certain acts in the area of animal the Council of 9 March 2016 on
31.03.2016, p. 1).
health (‘Animal Health Law’)
transmissible animal diseases
82 Regulation (EC) No 2160/2003 (OJ L 84, 31.03.2016, p. 1).
and amending and repealing
of the European Parliament and of 82 Regulation (EC) No 2160/2003 certain acts in the area of animal
the Council of 17 November 2003 of the European Parliament and
health (‘Animal Health Law’)
on the control of Salmonella and of the Council of 17 November
(OJ L 84, 31.03.2016, p. 1).
other
specified
food-borne
2003
on
the
control
of
35a
Directive 2003/99/EC of
zoonotic agents (OJ L 325, Salmonella and other specified
the European Parliament and
12.12.2003, p. 1).
food-borne zoonotic agents (OJ L
of
the
Council
of
83 Regulation (EC) No 999/2001 of 325, 12.12.2003, p. 1).
17 November 2003
on
the
the European Parliament and of the 83 Regulation (EC) No 999/2001
monitoring of zoonoses and
Council of 22 May 2001 laying of the European Parliament and
zoonotic agents, amending
down rules for the prevention, of the Council of 22 May 2001
Council Decision 90/424/EEC
control and eradication of certain laying down rules for the
and
repealing
Council
transmissible
spongiform
prevention,
control
and
Directive 92/117/EEC
(OJ
encephalopathies (OJ L 147,
eradication
of
certain
L 325, 12.12.2003, p. 31).
31.05.2001, p. 1).
transmissible
spongiform
108
encephalopathies (OJ L 147,
36
Regulation
(EC)
No
31.05.2001, p. 1).
2160/2003 of the European
Parliament and of the Council
of 17 November 2003 on the
control of Salmonella and other
specified food-borne zoonotic
agents (OJ L 325, 12.12.2003,
p. 1).
37
Regulation
(EC)
No
999/2001 of the European
Parliament and of the Council
of 22 May 2001 laying down
rules for the prevention, control
and eradication of certain
transmissible
spongiform
encephalopathies (OJ L 147,
31.05.2001, p. 1).
93.
(77)
In order to take account of (77)
In order to take account of (77) In order to take account of
Yellow
situations that are provoked by situations that are provoked by situations that are provoked by
animal diseases that have a animal diseases that have a animal diseases that have a
significant impact on livestock significant impact on livestock
significant impact on livestock
production
or
trade,
the production
or
trade,
the
production
or
trade,
the
development of zoonoses which development of zoonoses which
development of zoonoses which
pose a threat to humans, or new pose a threat to humans, or new
pose a threat to humans, or new
scientific
or
epidemiological
scientific
or
epidemiological
scientific or epidemiological
developments, as well as animal developments, as well as animal
developments, as well as animal
diseases, which are likely to diseases, which are likely to
diseases, which are likely to
constitute a new threat for the constitute a new threat for the constitute a new threat for the
109
Union, the power to adopt acts in
Union, the power to adopt acts in Union, the power to adopt acts
accordance with Article 290 of the accordance with Article 290 of in accordance with Article 290
Treaty on the Functioning of the the Treaty on the Functioning of of the Treaty on the Functioning
European
Union
should
be the European Union should be of the European Union should
delegated to the Commission, in delegated to the Commission, in be
delegated
to
the
respect of amending the list of respect of amending the list of Commission, in respect of
animal diseases and zoonoses. In animal diseases and zoonoses. In
amending the list of animal
order
to
ensure
effective order
to
ensure
effective diseases and zoonoses. In order
assessment of progress of the assessment of progress of the to ensure effective assessment
Programme
towards
the Programme
towards
the of progress of the Programme
achievement of its objectives the achievement of its objectives the towards the achievement of its
power to adopt acts in accordance power to adopt acts in accordance objectives the power to adopt
with Article 290 of the Treaty on with Article 290 of the Treaty on acts in accordance with Article
the Functioning of the European
the Functioning of the European
290 of the Treaty on the
Union should be delegated to the Union should be delegated to the Functioning of the European
Commission
in
respect
of Commission
in
respect
of
Union should be delegated to
reviewing or complementing the reviewing or complementing the the Commission in respect of
indicators
to
measure
the indicators
to
measure
the
reviewing or complementing
achievement
of
the
specific achievement of the specific the indicators to measure the
objectives
where
considered
objectives
where
considered
achievement of the specific
necessary and to supplement this necessary and to supplement this objectives where considered
Regulation with provisions on the Regulation with provisions on necessary and to supplement
establishment of a monitoring and the establishment of a monitoring this Regulation with provisions
evaluation framework. It is of and evaluation framework. It is
on the establishment of a
particular importance that the of particular importance that the monitoring
and
evaluation
Commission
carries
out Commission
carries
out
framework. It is of particular
appropriate consultations during appropriate consultations during importance
that
the
its preparatory work, including at its preparatory work, including at Commission
carries
out
110
expert level, and that those expert level, and that those
appropriate
consultations
consultations be conducted in consultations be conducted in
during its preparatory work,
accordance with the principles laid accordance with the principles including at expert level, and
down in the Interinstitutional laid down in the Interinstitutional that those consultations be
Agreement of 13 April 2016 on Agreement of 13 April 2016 on conducted in accordance with
Better Law-Making. In particular,
Better
Law-Making.
In
the principles laid down in the
to ensure equal participation in the particular,
Stakeholders and Interinstitutional Agreement of
preparation of delegated acts, the
consumer associations should 13 April 2016 on Better Law-
European Parliament and the
be consulted as well. To ensure
Making. In particular, to ensure
Council receive all documents at equal
participation
in
the
equal
participation in the
the same time as Member States' preparation of delegated acts, the preparation of delegated acts,
experts,
and
their
experts European Parliament and the the European Parliament and
systematically have access to Council receive all documents at
the
Council
receive
all
meetings of Commission expert the same time as Member States' documents at the same time as
groups
dealing
with
the experts,
and
their
experts
Member States' experts, and
preparation of delegated acts.
systematically have access to
their experts systematically
meetings of Commission expert have access to meetings of
groups
dealing
with
the Commission
expert
groups
preparation of delegated acts.
dealing with the preparation of
[Am. 65]
delegated acts.
94.
(78)
Pursuant to [
reference to be (78)
Pursuant to [
reference to (78) Pursuant to [
reference to
Yellow
updated as appropriate according be updated as appropriate be updated as appropriate
to a new decision on OCTs: Article
according to a new decision on according to a new decision on
94
of
Council
Decision
OCTs: Article 94 of Council
OCTs: Article 94 of Council
2013/755/EU84],
persons
and Decision
2013/755/EU84], Decision
2013/755/EU
38],
entities established in overseas persons and entities established
persons and entities established
countries
and
territories
are in
overseas
countries
and in overseas countries and
111
eligible for funding subject to the territories are eligible for funding territories are eligible for
rules and objectives of the subject to the rules and objectives funding subject to the rules and
Programme
and
possible of the Programme and possible objectives of the Programme
arrangements applicable to the arrangements applicable to the and
possible
arrangements
Member State to which the Member State to which the applicable to the Member State
relevant overseas country or relevant overseas country or to which the relevant overseas
territory is linked.
territory is linked.
country or territory is linked.
_______
_______
_______
84 Council Decision 2013/755/EU 84
Council
Decision
38
Council
Decision
of 25 November 2013 on the 2013/755/EU of 25 November
2013/755/EU of 25 November
association
of
the
overseas
2013 on the association of the
2013 on the association of the
countries and territories with the overseas countries and territories overseas
countries
and
European
Union
(Overseas with
the
European
Union
territories with the European
Association Decision) (OJ L 344,
(Overseas Association Decision) Union (Overseas Association
19.12.2013, p. 1).
(OJ L 344, 19.12.2013, p. 1).
Decision)
(OJ
L
344,
19.12.2013, p. 1).
95.
(79)
In accordance with the (79)
In accordance with the (79) In accordance with the
Yellow
Financial Regulation, Regulation Financial Regulation, Regulation
Financial
Regulation,
(EU, Euratom) No 883/2013 of the (EU, Euratom) No 883/2013 of Regulation (EU, Euratom) No
European Parliament and of the the European Parliament and of 883/2013 of the European
Council85, Council Regulation the
Council85,
Council
Parliament and of the Council
38,
(Euratom,
EC)
No Regulation (Euratom, EC) No Council Regulation (Euratom,
2988/9586,Council
Regulation 2988/9586,Council
Regulation
EC)
No
2988/95
39,Council
(Euratom, EC) No 2185/9687 and (Euratom, EC) No 2185/9687 and Regulation (Euratom, EC) No
Council
Regulation
(EU)
Council
Regulation
(EU)
2185/96
40
and
Council
2017/193988, the financial interests 2017/193988,
the
financial
Regulation (EU) 2017/1939
41,
of the Union are to be protected
interests of the Union are to be the financial interests of the
112
through proportionate measures,
protected through proportionate Union are to be protected
including
the
prevention, measures,
including
the
through
proportionate
detection,
correction
and prevention, detection, correction
measures,
including
the
investigation of irregularities and and investigation of irregularities prevention,
detection,
fraud, the recovery of funds lost, and fraud, the recovery of funds correction and investigation of
wrongly paid or incorrectly used lost, wrongly paid or incorrectly irregularities and fraud, the
and,
where
appropriate,
the used and, where appropriate, the
recovery of funds lost, wrongly
imposition
of
administrative imposition
of
administrative
paid or incorrectly used and,
sanctions.
In
particular,
in sanctions.
In
particular,
in
where
appropriate,
the
accordance with Regulation (EU, accordance with Regulation (EU, imposition of administrative
Euratom)
No
883/2013
and Euratom) No 883/2013 and
sanctions. In particular, in
Regulation (Euratom, EC) No
Regulation (Euratom, EC) No accordance with Regulation
2185/96 the European Anti-Fraud
2185/96 the European Anti-
(EU, Euratom) No 883/2013
Office (OLAF) may carry out Fraud Office (OLAF) may carry and Regulation (Euratom, EC)
administrative
investigations, out administrative investigations,
No 2185/96 the European Anti-
including on-the-spot checks and
including on-the-spot checks and
Fraud Office (OLAF) may
inspections, with a view
to
inspections, with a view to carry
out
administrative
establishing whether there has
establishing whether there has
investigations, including on-
been fraud, corruption or any other been fraud, corruption or any the-spot
checks
and
illegal
activity
affecting
the other illegal activity affecting the inspections, with a view to
financial interests of the Union. In
financial interests of the Union. establishing whether there has
accordance with Regulation (EU) In accordance with Regulation
been fraud, corruption or any
2017/1939, the European Public (EU) 2017/1939, the European
other illegal activity affecting
Prosecutor’s Office (EPPO) may Public
Prosecutor’s
Office
the financial interests of the
investigate and prosecute fraud
(EPPO) may investigate and
Union. In accordance with
and
other
criminal
offences prosecute
fraud
and
other Regulation (EU) 2017/1939,
affecting the financial interests of criminal offences affecting the the
European
Public
the Union as provided for in
financial interests of the Union as Prosecutor’s Office (EPPO)
113
Directive (EU) 2017/1371 of the provided for in Directive (EU) may investigate and prosecute
European Parliament and of the 2017/1371 of the European
fraud
and
other
criminal
Council89. In accordance with the Parliament and of the Council89. offences affecting the financial
Financial Regulation, any person
In accordance with the Financial
interests of the Union as
or entity receiving Union funds is
Regulation, any person or entity provided for in Directive (EU)
to fully cooperate in the protection receiving Union funds is to fully 2017/1371 of the European
of the Union’s financial interests,
cooperate in the protection of the Parliament and of the Council
42.
to grant the necessary rights and
Union’s financial interests, to
In
accordance
with
the
access to the Commission, OLAF,
grant the necessary rights and Financial
Regulation,
any
the EPPO and the European Court access to the Commission, person or entity receiving
of Auditors (ECA) and to ensure OLAF, the EPPO and the
Union
funds
is
to
fully
that any third parties involved in European Court of Auditors cooperate in the protection of
the implementation of Union funds (ECA) and to ensure that any the Union’s financial interests,
grant equivalent rights.
third parties involved in the to grant the necessary rights and
implementation of Union funds
access to the Commission,
___________
grant equivalent rights.
OLAF, the EPPO
in respect of
85 Regulation (EU, Euratom) No
those
Member
States
883/2013
of
the
European
___________
participating in enhanced
Parliament and of the Council of 85 Regulation (EU, Euratom) No
cooperation
pursuant
to
11 September 2013 concerning 883/2013
of
the
European
Regulation (EU) 2017/1939,
investigations conducted by the Parliament and of the Council of and the European Court of
European
Anti-Fraud
Office
11 September 2013 concerning Auditors (ECA) and to ensure
(OLAF) and repealing Regulation investigations conducted by the that any third parties involved
(EC) No 1073/1999 of the
European
Anti-Fraud
Office
in the implementation of Union
European Parliament and of the (OLAF)
and
repealing funds grant equivalent rights.
Council and Council Regulation Regulation (EC) No 1073/1999
(Euratom) No 1074/1999, (OJ of the European Parliament and
L248, 18.9.2013, p. 1.
of the Council and Council ___________
114
86
Council
Regulation
(EC, Regulation
(Euratom)
No
38
Regulation (EU, Euratom)
Euratom) No 2988/95 of 18 1074/1999, (OJ L248, 18.9.2013, No 883/2013 of the European
December 1995 on the protection p. 1.
Parliament and of the Council
of the European Communities 86
Council Regulation (EC,
of
11
September
2013
financial interests (OJ L 312,
Euratom) No 2988/95 of 18
concerning
investigations
23.12.95, p.1).
December 1995 on the protection
conducted by the European
87 Council Regulation (Euratom, of the European Communities Anti-Fraud Office (OLAF) and
EC) No 2185/96 of 11 November
financial interests (OJ L 312,
repealing Regulation (EC) No
1996
concerning
on-the-spot
23.12.95, p.1).
1073/1999 of the European
checks and inspections carried out
87 Council Regulation (Euratom, Parliament and of the Council
by the Commission in order to EC) No 2185/96 of 11 November and
Council
Regulation
protect
the
European
1996 concerning on-the-spot
(Euratom) No 1074/1999, (OJ
Communities’ financial interests checks and inspections carried
L248, 18.9.2013, p. 1.
against
fraud
and
other out by the Commission in order
39
Council Regulation (EC,
irregularities (OJ L292,15.11.96, to
protect
the
European
Euratom) No 2988/95 of 18
p.2).
Communities’ financial interests
December
1995
on
the
88
Council
Regulation
(EU) against
fraud
and
other
protection of the European
2017/1939 of 12 October 2017
irregularities (OJ L292,15.11.96, Communities financial interests
implementing
enhanced p.2).
(OJ L 312, 23.12.95, p.1).
cooperation on the establishment 88
Council Regulation (EU)
40
Council
Regulation
of
the
European
Public 2017/1939 of 12 October 2017
(Euratom, EC) No 2185/96 of
Prosecutor’s Office (‘the EPPO’) implementing
enhanced
11 November 1996 concerning
(OJ L283, 31.10.2017, p.1).
cooperation on the establishment on-the-spot
checks
and
89 Directive (EU) 2017/1371 of the of
the
European
Public inspections carried out by the
European Parliament and of the Prosecutor’s Office (‘the EPPO’)
Commission in order to protect
Council of 5 July 2017 on the fight (OJ L283, 31.10.2017, p.1).
the European Communities’
against fraud to the Union’s
89 Directive (EU) 2017/1371 of financial interests against fraud
financial interests by means of the European Parliament and of
115
criminal law (OJ L 198, 28.7.2017, the Council of 5 July 2017 on the and other irregularities (OJ
p. 29).
fight against fraud to the Union’s
L292,15.11.96, p.2).
financial interests by means of 41 Council Regulation (EU)
criminal
law
(OJ
L
198,
2017/1939 of 12 October 2017
28.7.2017, p. 29).
implementing
enhanced
cooperation
on
the
establishment of the European
Public Prosecutor’s Office (‘the
EPPO’) (OJ L283, 31.10.2017,
p.1).
42 Directive (EU) 2017/1371 of
the European Parliament and of
the Council of 5 July 2017 on
the fight against fraud to the
Union’s financial interests by
means of criminal law (OJ L
198, 28.7.2017, p. 29).
96.
(80)
Horizontal financial rules
(80)
Horizontal financial rules (80) Horizontal financial rules
Yellow
adopted
by
the
European
adopted
by
the
European
adopted by the European
Parliament and the Council on the
Parliament and the Council on Parliament and the Council on
basis of Article 322 of the Treaty
the basis of Article 322 of the
the basis of Article 322 of the
on
the
Functioning
of
the
Treaty on the Functioning of the Treaty on the Functioning of the
European Union apply to this
European Union apply to this European Union apply to this
Regulation. These rules are laid
Regulation. These rules are laid Regulation. These rules are laid
down in the Financial Regulation
down
and in particular in the down
in
the
Financial
and determine in particular the
Financial
Regulation
and Regulation and determine in
procedure for establishing and
determine in particular
which particular the procedure for
implementing the budget through
lays down the procedure for
establishing and implementing
116
grants,
procurement,
prizes,
establishing and implementing the budget through grants,
indirect
implementation,
and
the budget through grants,
procurement, prizes, indirect
provide
for
checks
on
the
procurement, prizes, indirect
implementation, and provide
responsibility of financial actors.
implementation, and
provide
for checks on the responsibility
Rules adopted on the basis of
provides for checks on the
of financial actors.
[Rules
Article 322 TFEU also concern the
responsibility of financial actors
adopted on the basis of Article
protection of the Union's budget in
should apply to the actions 322 TFEU also concern the
case of generalised deficiencies as
under this Programme, subject protection of the Union's budget
regards the rule of law in the
to specific derogations, provided
in
case
of
generalised
Member States, as the respect for
for in this Regulation. Rules
deficiencies as regards the rule
the rule of law is an essential
adopted on the basis of Article of law in the Member States, as
precondition for sound financial
322 TFEU also concern the the respect for the rule of law is
management and effective Union
protection of the Union's budget
an essential precondition for
funding.
in
case
of
generalised
sound financial management
deficiencies as regards the rule of
and effective Union funding.
]
law in the Member States, as the
respect for the rule of law is an
essential precondition for sound
financial
management
and
effective
Union
funding.
[Am. 66]
97.
(81)
Regulation (EU) 2016/679
(81)
Regulation
(EU)
(81) Regulation (EU) 2016/679
Yellow
of the European Parliament and of
2016/679
of
the
European
of the European Parliament and
the
Council90
governs
the
Parliament and of the Council90 of the Council
43 governs the
processing of personal data carried
governs
the
processing
of
processing of personal data
out in the Member States in the
personal data carried out in the carried out in the Member
context of this Regulation and
Member States in the context of States in the context of this
117
under the supervision of the
this Regulation and under the
Regulation and under the
Member
States
competent
supervision of the Member
supervision of the Member
authorities.
Regulation
(EC)
States competent authorities. States competent authorities.
45/2001
of
the
European
Regulation (EC) 45/2001 of the Regulation (EC)
No 45/2001 of
Parliament and of the Council91
European Parliament and of the the European Parliament and of
governs the processing of personal
Council91 governs the processing the Council
44
governs the
data
carried
out
by
the
of personal data carried out by processing of personal data
Commission within the framework
the Commission within the carried out by the Commission
of this Regulation and under the
framework of this Regulation
within the framework of this
supervision of the European Data
and under the supervision of the Regulation and under the
Protection
Supervisor.
Any
European
Data
Protection supervision of the European
exchange or transmission of
Supervisor. Any exchange or Data Protection Supervisor.
information
by
competent
transmission of information by Any exchange or transmission
authorities is to comply with the
competent authorities is to of information by competent
rules on the transfer of personal
comply with the rules on the
authorities is to comply with the
data as laid down in Regulation
transfer of personal data as laid rules on the transfer of personal
(EU) 2016/679 and any exchange
down
in
Regulation
(EU)
data as laid down in Regulation
or transmission of information by
2016/679
in Regulation XXX (EU)
2016/679
and
any
the Commission is to comply with
[Regulation on privacy and
exchange or transmission of
the rules on the transfer of personal
electronic communications] and information by the Commission
data as laid down in Regulation
and
any
exchange
or
is to comply with the rules on
(EC) No 45/2001.
transmission of information by the transfer of personal data as
the Commission is to comply laid down in Regulation (EC)
_______
with the rules on the transfer of
No 45/2001.
90 Regulation (EU) 2016/679 of the personal data as laid down in
European Parliament and of the
Regulation (EC) No 45/2001.
Council of 27 April 2016 on the
[Am. 67]
_______
protection of natural persons with _______
118
regard to the processing of 90 Regulation (EU) 2016/679 of
43 Regulation (EU) 2016/679 of
personal data and on the free the European Parliament and of the European Parliament and of
movement of such data, and the Council of 27 April 2016 on
the Council of 27 April 2016 on
repealing
Directive
95/46/EC the protection of natural persons
the
protection
of
natural
(General
Data
Protection with regard to the processing of
persons with regard to the
Regulation) (OJ L 119, 4.5.2016, personal data and on the free processing of personal data and
p. 1).
movement of such data, and
on the free movement of such
91 Regulation (EC) No 45/2001 of repealing Directive 95/46/EC data, and repealing Directive
the European Parliament and of the (General
Data
Protection 95/46/EC
(General
Data
Council of 18 December 2000 on Regulation) (OJ L 119, 4.5.2016, Protection Regulation) (OJ L
the protection of individuals with p. 1).
119, 4.5.2016, p. 1).
regard to the processing of 91 Regulation (EC) No 45/2001 of 44 Regulation (EC) No 45/2001
personal data by the Community the European Parliament and of of the European Parliament and
institutions and bodies and on the the Council of 18 December 2000 of the Council of 18 December
free movement of such data (OJ L on the protection of individuals 2000 on the protection of
8, 12.1.2001, p. 1).
with regard to the processing of individuals with regard to the
personal data by the Community processing of personal data by
institutions and bodies and on the the Community institutions and
free movement of such data (OJ
bodies
and
on
the
free
L 8, 12.1.2001, p. 1).
movement of such data (OJ L 8,
12.1.2001, p. 1).
98.
(81a) Regulation (EC) No
Yellow
223/2009 establishes the rules
of producing statistics in
accordance with the principle
of statistical confidentiality
and
stipulates
that
the
National Statistical Institutes,
119
other national authorities and
the Commission (Eurostat)
shall
take
all
necessary
measures
to
ensure
the alignment of principles
and guidelines with regard to
the physical and logical
protection
of
confidential
data.
99.
(82)
Since the objectives of this (82)
Since the objectives of
(82) Since the objectives of this
Green
Regulation cannot be sufficiently this
Regulation
cannot
be Regulation
cannot
be
achieved by the Member States sufficiently achieved by the sufficiently achieved by the
due to the cross-border nature of
Member States due to the cross-
Member States due to the cross-
the issues involved, but can rather,
border nature of the issues border nature of the issues
by reason of the greater potential involved, but can rather, by involved, but can rather, by
of Union action, be better achieved reason of the greater potential of reason of the greater potential
at Union level, the Union may Union action, be better achieved
of Union action, be better
adopt measures in accordance with at Union level, the Union may achieved at Union level, the
the principle of subsidiarity as set
adopt measures in accordance
Union may adopt measures in
out in Article 5 of the Treaty on with the principle of subsidiarity accordance with the principle of
European Union. In accordance as set out in Article 5 of the subsidiarity as set out in Article
with
the
principle
of Treaty on European Union. In
5 of the Treaty on European
proportionality, as set out in that accordance with the principle of Union. In accordance with the
Article, this Regulation does not proportionality, as set out in that principle of proportionality, as
go beyond what is necessary in
Article, this Regulation does not set out in that Article, this
order to achieve those objectives.
go beyond what is necessary in
Regulation does not go beyond
order to achieve those objectives.
what is necessary in order to
achieve those objectives.
120
100.
(83)
The Programme should (83)
The Programme should (83) The Programme should
Yellow
also be to ensure greater visibility also be to ensure greater visibility also be to ensure greater
and coherence of the Union’s
and coherence of the Union’s
visibility and coherence of the
internal market, competitiveness internal market, competitiveness
Union’s
internal
market,
of enterprises including SMEs and
and sustainability of enterprises
competitiveness of enterprises
European statistics actions towards including
SMEs
especially
including SMEs and European
European citizens, businesses and
micro, small and medium-sized statistics
actions
towards
administrations.
enterprises
and
European
European citizens, businesses
statistics
actions
towards
and administrations.
European citizens, businesses
and administrations.
[Am. 68]
101.
(84)
Regulation
(EU)
No (84)
Regulation
(EU)
No (84)
Regulation (EU) No
Yellow
99/2013, Regulation (EU) No
99/2013, Regulation (EU) No
99/2013, Regulation (EU) No
1287/2013, Regulation (EU) No
1287/2013, Regulation (EU) No
1287/2013, Regulation (EU)
254/2014
of
the
European
254/2014
of
the
European
No 254/2014 of the European
Parliament and of the Council92, Parliament and of the Council92, Parliament and of the Council
45,
Regulation (EU) No 258/2014 of Regulation (EU) No 258/2014 of
Regulation (EU) No 258/2014
the European Parliament and of the the European Parliament and of of the European Parliament and
Council93, Regulation (EU) No
the Council93, Regulation (EU)
of the Council
46, Regulation
652/2014
of
the
European
No 652/2014 of the European
(EU) No 652/2014 of the
Parliament and of the Council94, Parliament and of the Council94, European Parliament and of the
Regulation (EU) 2017/826, should Regulation
(EU)
2017/826,
Council
47,
and Regulation (EU)
be repealed with effect from 1 should be repealed with effect
2017/826, should be repealed
January 2021.
from 1 January 2021.
with effect from 1 January
2021.
_______
_______
121
92 Regulation (EU) No 254/2014 of 92 Regulation (EU) No 254/2014 _______
the European Parliament and of the of the European Parliament and 45
Regulation
(EU)
No
Council of 26 February 2014 on a
of the Council of 26 February 254/2014 of the European
multiannual consumer programme 2014 on a multiannual consumer
Parliament and of the Council
of the years 2014-20 and repealing programme of the years 2014-20
of 26 February 2014 on a
Decision No 1926/2006/EC (OJ L and repealing Decision No
multiannual
consumer
84, 20.3.2014, p. 42).
1926/2006/EC
(OJ
L
84,
programme of the years 2014-
93 Regulation (EU) No 258/2014 of 20.3.2014, p. 42).
20 and repealing Decision No
the European Parliament and of the 93 Regulation (EU) No 258/2014 1926/2006/EC
(OJ
L
84,
Council
of
3
April
2014 of the European Parliament and
20.3.2014, p. 42).
establishing a Union programme to of the Council of 3 April 2014 46
Regulation
(EU)
No
support specific activities in the establishing a Union programme 258/2014 of the European
field of financial reporting and to support specific activities in Parliament and of the Council
auditing for the period of 2014-20
the field of financial reporting of 3 April 2014 establishing a
and
repealing
Decision
No and auditing for the period of Union programme to support
716/2009/EC (OJ L 105, 8.4.2014,
2014-20 and repealing Decision
specific activities in the field of
p. 1).
No 716/2009/EC (OJ L 105,
financial reporting and auditing
94 Regulation (EU) No 652/2014 of 8.4.2014, p. 1).
for the period of 2014-20 and
the European Parliament and of the 94 Regulation (EU) No 652/2014 repealing
Decision
No
Council of 15 May 2014 laying of the European Parliament and 716/2009/EC
(OJ
L
105,
down
provisions
for
the of the Council of 15 May 2014
8.4.2014, p. 1).
management
of
expenditure laying down provisions for the
47
Regulation
(EU)
No
relating to the food chain, animal management
of
expenditure 652/2014 of the European
health and animal welfare, and relating to the food chain, animal
Parliament and of the Council
relating to plant health and plant
health and animal welfare, and
of 15 May 2014 laying down
reproductive material, amending relating to plant health and plant
provisions for the management
Council
Directives
98/56/EC, reproductive material, amending of expenditure relating to the
2000/29/EC
and
2008/90/EC, Council Directives 98/56/EC, food chain, animal health and
122
Regulations (EC) No 178/2002, 2000/29/EC and 2008/90/EC, animal welfare, and relating to
(EC) No 882/2004 and (EC) No
Regulations (EC) No 178/2002, plant
health
and
plant
396/2005
of
the
European
(EC) No 882/2004 and (EC) No
reproductive
material,
Parliament and of the Council, 396/2005
of
the
European
amending Council Directives
Directive 2009/128/EC of the Parliament and of the Council, 98/56/EC,
2000/29/EC
and
European Parliament and of the
Directive 2009/128/EC of the 2008/90/EC, Regulations (EC)
Council and Regulation (EC) No European Parliament and of the
No
178/2002,
(EC)
No
1107/2009
of
the
European
Council and Regulation (EC) No 882/2004
and
(EC)
No
Parliament and of the Council and 1107/2009 of the European
396/2005 of the European
repealing
Council
Decisions Parliament and of the Council Parliament and of the Council,
66/399/EEC, 76/894/EEC and and repealing Council Decisions
Directive 2009/128/EC of the
2009/470/EC
(OJ
L
189,
66/399/EEC, 76/894/EEC and European Parliament and of the
27.6.2014, p. 1).
2009/470/EC
(OJ
L
189, Council and Regulation (EC)
27.6.2014, p. 1).
No 1107/2009 of the European
Parliament and of the Council
and
repealing
Council
Decisions
66/399/EEC,
76/894/EEC and 2009/470/EC
(OJ L 189, 27.6.2014, p. 1).
102.
(85)
It is appropriate to ensure a
(85)
It is appropriate to ensure (85) It is appropriate to ensure a
Yellow
smooth
transition
without
a smooth transition without smooth
transition
without
interruption
between
the
interruption
between
the interruption
between
the
programmes in the fields of
programmes in the fields of programmes in the fields of
competitiveness of enterprises and
competitiveness
and
competitiveness of enterprises
SMEs,
consumer
protection,
sustainability of enterprises and
and
SMEs,
consumer
customers
and
end-users
in
SMEs
, especially micro, small protection, customers and end-
financial services, policy making
and medium-sized enterprises,
users in financial services,
in financial services, food chain
consumer protection, customers policy making in financial
123
and
European
statistics,
and
end-users
in
financial
services, food chain
in the area
established by Regulation (EU) No
services, policy making in
of plants, animals, food and
1287/2013, Regulation (EU) No
financial services, food chain and
feed, and European statistics,
254/2014,
Regulation
(EU)
European statistics, established
established by Regulation (EU)
2017/826, Regulation (EU) No
by
Regulation
(EU)
No
No
1287/2013,
Regulation
258/2014, Regulation (EU) No
1287/2013, Regulation (EU) No
(EU) No 254/2014, Regulation
652/2014, Regulation (EU) No
254/2014,
Regulation
(EU)
(EU) 2017/826, Regulation
99/2013 and this Programme, in
2017/826, Regulation (EU) No
(EU) No 258/2014, Regulation
particular
regarding
the
258/2014, Regulation (EU) No
(EU) No 652/2014, Regulation
continuation
of
multiannual
652/2014, Regulation (EU) No
(EU) No 99/2013 and this
measures and the evaluation of the
99/2013 and this Programme, in Programme,
in
particular
previous programmes successes,
particular
regarding
the regarding the continuation of
continuation
of
multiannual
multiannual measures and the
measures
, and the evaluation of
evaluation of the previous
the
previous
programmes
programmes successes,
successes,
[Am. 69]
124
