1834 Amendments of Cyrus ENGERER
Amendment 71 #
2023/2113(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Commission finds that whereas certain Member States, including Finland, Austria, Slovenia, Cyprus, Sweden and Hungary, have taken or announced initiatives to improve judicial appointment processes and high courts’ functioning, challenges persist in appointing high-level judges in Malta, Greece, Lithuania, Latvia, and Ireland; highlights that serious concerns persist in Poland regarding previously appointed Supreme Court judges, including its First President, and regarding the continuous non-implementation of a CJEU preliminary ruling on a judicial appointment to the Chamber of Extraordinary Control; notes that the Commission finds that in Slovakia the crime of abuse of law introduced for judges as regards their judicial decisions continues to raise concerns, as it has a negative psychological impact on judges and is burdensome for the investigatory authorities; recognises that the Commission finds that some progress can be seen in the implementation of the recommendation made in the 2022 Rule of Law Report on the efficiency of the justice system, particularly in Malta and Spain
Amendment 74 #
2023/2113(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for legislation that would require justices in all Member States to adopt a Code of Conduct, create independent mechanisms to investigate alleged violations of the code of conduct and other laws, improve disclosure and transparency in conflicts of interest and in gifts received by the judiciary, and require justices to explain their recusal decisions publically;
Amendment 91 #
2023/2113(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Condemns the fact that Malta continues to operate its Citizenship by Investment (CBI) scheme, which is a major risk for corruption and other crimes, especially in light of the steps taken by several other Member States to ensure that investor citizenship schemes are abolished; reaffirms its position thatcalls on the Commission shouldto use its prerogative to propose legislation and initiate an EU legislative ban on all CBI Schemes in the EU; Awaits in this regard the judgement of the CJEU in the case of European Commission v Republic of Malta brought on 21 March 2023;
Amendment 137 #
2023/2113(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Notes the European Parliament’s vote on the Media Freedom Act and anti- SLAPP legislation; calls upon the institutions to conclude negotiations and adopt the most ambitious of laws in this regard;
Amendment 143 #
2023/2113(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for the EU institutions to reach a swift agreement on an ambitious anti-SLAPP directive; calls on the Commission to explore the possibility of further legislation to cover all SLAPP cases; calls on the Member States to implement the Commission Recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings; remarks that his can be done by removing prison sentences for defamation cases, decriminalising defamation and favouring civil or administrative procedures instead;
Amendment 157 #
2023/2113(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on Member States to regulate lobbying by introduce national mandatory transparency registers for all politicians, government officials and members of authorities and agencies; calls on politicians, government officials and members of authorities and agencies to make a list of all their meetings public;
Amendment 170 #
2023/2113(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Urges the Commission to establish a strategy which provides for minimum standards for the protection of Civil Society OrganisationsCSOs in all Member States in order to promote a regulatory and political environment free from threats and attacks, and to provide them with a sustainable and non-discriminatory access to resources whilst supporting and encouraging their engagement in civil dialogue and participation in policy making;
Amendment 173 #
2023/2113(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Deplores that the situation of human rights defenders in the EU continued to increasingly deteriorate in recent years; urges the Commission and the Member States to take the necessary measures to ensure that human rights defenders are able to work free from hindrance and insecurity;
Amendment 191 #
2023/2113(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Deeply regrets that the Bulgarian Supreme Court held earlier this year that legal gender recognition through change of civil status would not be possible in Bulgaria, following a binding interpretative decision of the court that the constitution only recognises biological sex. Regrets that this is in contradiction to ruling from the European Court of human rights such as Y.T. v. Bulgaria brought by a transgender individual who wish to have legal gender recognition through the civil status register, in the European Union. It is a violation of fundamental rights . Expresses disappointment also at the lack of effort and will by the Bulgarian government to come up with a decent plan of action in their communication labelled DH- DD(2023)987, in response to the judgement given by the CJEU on the 9th July 2020 which became final on the 9th October 2020;
Amendment 192 #
2023/2113(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls for including the grounds of sexual orientation, gender identity, gender expression and sex characteristics in the EU’s anti-discrimination legal framework, based on a broad interpretation of the grounds of sexual orientation and sex and the principle of equality between women and men set forth in the Treaties. Notes that this will ensure legal certainty and comprehensiveness of the protection of all citizens of our Union, as this Parliament has already agreed in the Equality Bodies directive;
Amendment 193 #
2023/2113(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Calls for a European ban on ‘conversion practices’; calls for a ban on genital mutilation that also harm intersex people (IGM); calls for a ban on forced abortions and forced sterilisations, that constitute a form of gender-based violence and particularly harm people with disabilities; underlines the importance of respecting self-determination and autonomy and of promoting LGBTIQ+ people’s physical and mental health. Underlines that the position of the Parliament on the proposal for a directive on combatting violence against women and domestic violence includes adding FGM, IGM and forced sterilisation to the so-called Eurocrimes;
Amendment 199 #
2023/2113(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Strongly deplores the numerous deaths of refugees and migrants at sea who are often victims of human trafficking and who have to face inhumane and degrading treatment without any consideration for their safety or fundamental rights;
Amendment 202 #
2023/2113(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Reminds Member States of their obligation under the international law of the sea to assist persons in distress and calls urgently for permanent coordinated search and rescue operations and for Member States to take every possible action to save the life of people at risk at sea;
Amendment 210 #
2023/2113(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Notes that national electoral laws are not the competence of the Union; reiterates however its belief and the Union’s values that all elected bodies in the European Union should be representative of the diverse voices within the electorate; expresses its deep concern at some electoral systems across the Union that quash pluralism and hinder proportionality; notes that in some Member States’ constituencies, a political party would need at least 17% of total votes to represent citizens; encourages national electoral reforms in cases where large parts of the population remain unrepresented;
Amendment 254 #
2023/2113(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Affirms that the annual rule of law report is not an end in itself, as monitoring the situation is not enough but should rather lead to specific enforcement action on the identified shortcomings; calls therefore on the Commission to ensure that this rule of law report is indeed part and parcel of an entire process within the ambit of the Rule of Law Mechanism as a whole, and to ensure full use of the complete rule of law toolkit at its disposal, including Article 7 of the Treaty of the European Union in cases where the rule of law report keeps finding continuous breaches year after year in certain Member States;
Amendment 22 #
2023/2095(REG)
Rule 176 – paragraph 2 – subparagraph 4
Once the penalty becomes final, it shall be published prominently on Parliament's website as well as on the Member’s online page on Parliament’s website, and shall remain there for the rest of the parliamentary term.
Amendment 30 #
2023/2095(REG)
Annex I – Article 3 – paragraph 3 a (new)
3a. Before taking up the office of Vice-President, Quaestor, Chair or Vice- chair of a committee or delegation, the Member shall submit a declaration indicating whether or not he or she is aware of having a conflict of interest in relation to the responsibilities of that office. In cases of doubt, the Member may seek advice in confidence from the Advisory Committee on the Conduct of Members, established under Article 7. If the Member is aware of having such a conflict of interest, he or she shall describe the conflict in that declaration. In that case, he or she may only take up the office if the respective body decides that the conflict of interest does not prevent the Member from exercising his or her mandate in the public interest. When such a conflict of interest arises during the exercise of the office in question, the Member shall submit a declaration describing that conflict and shall refrain from exercising the responsibilities with regard to this situation of conflict.
Amendment 32 #
2023/2095(REG)
Annex I – Article 3 – paragraph 3 b (new)
3b. A Member who is proposed as a rapporteur or shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations shall submit a declaration indicating whether or not he or she is aware of having a conflict of interest in relation to respectively the report or opinion or the delegation or negotiations in question. In cases of doubt, the Member may seek advice in confidence from the Advisory Committee on the Conduct of Members, established under Article 7. If the Member is aware of having such a conflict of interest, he or she shall describe the conflict in that declaration. Where the Member who has been proposed as a rapporteur declares that he or she has a conflict of interest, the Member may not be appointed rapporteur. Where the Member who has been proposed as a shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations declares that he or she has a conflict of interest, the Member may not be designated as shadow rapporteur or as participant in an official delegation or in interinstitutional negotiations.
Amendment 34 #
2023/2095(REG)
Annex I – Article 4 – paragraph 2 – subparagraph 1 – point c
(c) any regular remunerated activity which the Member undertakesn alongside the exercise of his or her office, whether as an employee or as a self-employed personthe Member’s office, including the name of the entity as well as the field and the nature of the activity,
Amendment 37 #
2023/2095(REG)
Annex I – Article 5 – paragraph 1
1. Members of the European Parliament shall refrain from accepting, in the performance of their dutieir capacity as Members, any gifts or similar benefits, other than those with an approximate value of less than EUR 1500 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity.
Amendment 38 #
2023/2095(REG)
Annex I – Article 5 – paragraph 2
2. Any gifts with an approximate value of more than EUR 100 presented to a Members in accordance with paragraph 1 when they are or she is representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down by the Bureau pursuant to Article 9.
Amendment 40 #
2023/2095(REG)
Annex I – Article 5 a (new)
Article 5a Publication of meetings 1. Members should only meet interest representatives that are entered in the transparency register. 2. Members shall publish online all scheduled meetings relating to parliamentary business - with interest representatives falling under the scope of the Interinstitutional Agreement on a mandatory transparency register, or - with representatives of public authorities of third countries, including their diplomatic missions and embassies. 3. The obligation laid down in paragraph 2 applies to meetings attended by the Member or by the Member’s parliamentary assistants on his or her behalf. 4. By way of derogation from paragraph 2, Members shall not publish a meeting the disclosure of which would endanger the life, physical integrity or liberty of an individual or may decide not to publish a meeting where there are other compelling reasons for maintaining confidentiality. Such meetings shall instead be declared to the President, who shall keep this declaration confidential or shall decide on an anonymised or delayed publication. The Bureau shall lay down the conditions under which the President may disclose such a declaration. 5. The Bureau shall provide for the necessary infrastructure on Parliament's website. 6. Article 4(5) shall apply mutatis mutandis.
Amendment 42 #
2023/2095(REG)
Annex I – Article 6 – paragraph 1 a (new)
Members shall not engage with former Members for a period of six months after the end of their mandate in any activity, within the meaning of Article 5a, which could allow the former Members to influence the formulation or implementation of policy or legislation, or the decision-making processes of Parliament.
Amendment 45 #
2023/2095(REG)
Annex I – Article 7 – paragraph 2 – subparagraph 1
The Advisory Committee shall be composed of five memberseight members. Five of those members shall be current Members of the European Parliament, appointed by the President at the beginning of his or her term of office from amongst, taking due account of the mMembers of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking due account of' experience and of political and gender balance. The other three members shall be external experts with personal integrity and experience in professional ethics. They shall be appointed by the President at the beginning of his or her term of office. In the case of a vote, only the Mmembers' experience and of politic of the Advisory Committee who are Members of the European Parliament shall balance eligible to vote.
Amendment 47 #
2023/2095(REG)
Annex I – Article 7 – paragraph 2 – subparagraph 2
Amendment 51 #
2023/2095(REG)
Annex I – Article 7 – paragraph 4 – subparagraphs 2 a and 2 b (new)
Amendment 1 #
2023/2068(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), and in particular Articles 1, 7, 20, 21, 223, 25, and 236 thereof,
Amendment 13 #
2023/2068(INI)
Motion for a resolution
Citation 15
Citation 15
– having regard to the Council of Europe´s Commission Against Racism and Intolerance (ECRI) General Policy Recommendation No 15 on combating hate speech, adopted on 8 December 2015,
Amendment 71 #
2023/2068(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Member States do not address hate speech and hate crime in the same way in their respective criminal laws, which makes it difficult to defineleaves certain groups with insufficient protection in some parts of the Union and creates the need for a common European strategyapproach to combat ithate speech and hate crime;
Amendment 78 #
2023/2068(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the current EU framework only covers hate speech and hate crimes on the grounds of race, skin colour, religion and national or ethnic origin; whereas there is a clear need to effectively address hate speech and hate crimes based on other grounds, such as sex, sexual orientation, gender, age and disability, or any other fundamental characteristic, or a combination of such characteristics;
Amendment 98 #
2023/2068(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the fundamental rights that isare protected in the fight against hate speech and hate crime isare foremost human dignity and non-discrimination; whereas such protection should be universal; whereas protection against intolerance, be it racial, national origin, sexual orientation, religion, ideology, age, opinion or any other personal, physical or social condition or circumstance, whatever its form of expression, must not be limited to certain grounds or motivations;
Amendment 102 #
2023/2068(INI)
Motion for a resolution
Recital L
Recital L
L. whereas social dynamics change and can generate new motivations for hate speech and hate crime that have to be addressed by the common EU framework; and thus require an expansion of Art. 83 para 2 TFEU, that allows the co- legislators to cover all forms of hate;
Amendment 133 #
2023/2068(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that Member States’ criminal laws deal with hate speech and hate crime in different ways, that minimum rulesharmonization exist only when such crimes are based on race, skin colour, religion or national or ethnic origin, which makes it difficult to implement a successful common strategy to effectively combat hatred;
Amendment 137 #
2023/2068(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly regrets that almost two years have passed since the publication of the Commission communication and that no progress has been madeCouncil made no progress on it, while it was able to swiftly extend the list of EU crimes for other purposes;
Amendment 143 #
2023/2068(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 150 #
2023/2068(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Member States to agree withsupport the draft decision or at least not to oppose its adoption;
Amendment 184 #
2023/2068(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to take additional measures inll means at its disposal to countering the dissemination of illegal hate speech in online content on, particularly taking into account of the impact of the multiplier effect of the online environment and social media on revictimisation;
Amendment 206 #
2023/2068(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to establish adequate data collection systems for obtaining solid and, homogenous data onand anonymous data on hate incidents, including hate crimes, in accordance with the relevant national legal frameworks and EU data protection legislation, as well as adequate monitoring mechanisms to assess the impact that policies and regulations have on the fight against hate speech and hate crimes;
Amendment 18 #
2023/0393(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In order to facilitate the exercise of rights by persons with disabilities when travelling to or visiting another Member State for a short period, Directive …./… [proposal for a Directive]3 established the framework, rules and common conditions, including a common standardised model, for a European Disability Card as proof of recognised disability status for accessing and enjoying special conditions or preferential treatment offered by private operators or public authorities in a wide variety of services, activities and facilities, including when not provided for remuneration, and for a European Parking Card for persons with disabilities, as proof of their recognised right to parking conditions and facilities reserved for persons with disabilities4 . _________________ 3 COM(2023) 512 final 4 COM(2023) 512 final
Amendment 24 #
2023/0393(COD)
Proposal for a directive
Recital 2
Recital 2
(2) To helpensure that Member States respect and fulfil their national equal treatment andthe equal treatment of, and fulfil their non-discrimination obligations vis-à- vis persons with disabilities who are third- country nationals legally residing in their territory and not falling within the scope of the Directive [XXXX], and guarantee the recognition of their disability status across Member States, thus facilitating the exercise of their rights to move or travel to other Member States in accordance with Union law and ensuring a more effectivefull participation and inclusion in society of persons with disabilities who are third- country nationals on an equal basis with Union citizens, it is necessary to extend the rules, rights and obligations laid down in Directive../…. to persons with disabilities who are third country nationals legally residing in the territory of a Member State, whose disability status has been recognised by that Member State, and who are entitled to move or travel to other Member States in accordance with Union law.
Amendment 27 #
2023/0393(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Therefore, Member States shall take all the necessary measures to ensure that the rules governing the eligibility, issuance, renewal or withdrawal, mutual recognition and data protection of the European Disability Card and the European Parking Card for persons with disabilities as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, as well as the rights for beneficiaries, including access on equal terms and conditions to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, or parking conditions and facilities offered to or reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s), regardless of their nationality, set out in Directive ../…., equally apply to third country nationals legally residing in the Union and who are entitled to move or travel to other Member States in accordance with Union law. The issuance and renewal of the European Disability Card and the European Parking Card for persons with disabilities should always be and remain free of charge to the card holder. The European Disability Card should be issued and renewed by the Member State of residence directly, where already provided for in the national disability assessment and recognition procedure or upon the application of the person with disabilities or card holder. Where not issued directly, persons with disabilities should be duly informed about the possibility to apply for the European Disability Card.
Amendment 35 #
2023/0393(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Personal assistants, regardless of their nationality, accompany or assist persons with disabilities or carry out activities of daily living if need be in the framework of a contractual relationship, in accordance with national law and practice, with the objective of encouraging personal autonomy, facilitating community life and promoting the independent living of persons with disabilities. Persons accompanying or assisting persons with disabilities are designated by the persons with disabilities themselves or by their legal guardian(s) and can change on an ad hoc basis provided there is explicit consent by the persons with disabilities or their legal guardian(s) depending on the requirements of the persons with disabilities.
Amendment 37 #
2023/0393(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Member States shall ensure that the European Disability Card is equally accessible to people with disabilities regardless of their sex, gender, gender expression, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation or sex characteristics.
Amendment 41 #
2023/0393(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) Third-country nationals should have a right of redress, including adequate compensation, in the case of infringements of their rights arising from this Directive. Member States should ensure that those provisions comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation in line with the UNCRPD.
Amendment 42 #
2023/0393(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3 c) The equality and non- discrimination mandate contained in Article 5 of the CRPD is relevant, as the European Disability Card is meant to accelerate the equality of persons with disabilities through their mutual recognition within the EU. There is a need to approach mobility and free movement in a gender sensitive way so that this legislation contributes to recognising the rights of women and girls with disabilities, mothers and caregivers of persons with disabilities and adopting an intersectional approach in protecting them from discrimination. It is imperative to recognize that women and girls with disabilities are affected by discrimination in many areas of life including social isolation, lack of access to community services, low-quality housing, institutionalisation and inadequate healthcare, which hampers them from contributing and engaging actively in society. Women with disabilities are 10 times more likely to experience physical or sexual assault than women without disabilities and therefore information on the access to specialized support services should be made available for those women with disabilities having suffered any form of gender based violence. Overall, the situation for women and girls with disabilities is worse than those of men and boys with disabilities, with this being accentuated for example in rural areas where access to services and opportunities in general is much more limited. Any person with a disability, according to the meaning stated in Article 1 of the CRPD, when they reside or move in an EU Member State other than their own, should have their disability status recognised.
Amendment 45 #
2023/0393(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3 c) A European Disability Card should not be required as proof of disability status by persons with disabilities or persons accompanying or assisting them, including their personal assistants or assistance animals, in order to access or exercise any rights provided for in other Union or national law, including those granting specific benefits, special conditions, or preferential treatment.
Amendment 46 #
2023/0393(COD)
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3 d) The European Disability Card shall be issued or renewed by the Member State of residence directly where already provided for in the national disability assessment and recognition procedure or upon application by the person with disabilities. Third-country nationals with disabilities shall be duly informed about the possibility to apply for the European Disability Card where it is not issued directly. It shall be issued and renewed free of charge to the beneficiary within either 60 days or within the period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities whichever is shorter.
Amendment 57 #
2023/0393(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) Member States should ensure that private operators or public authorities make information on any special conditions or preferential treatment publicly available in a clear, comprehensive, user-friendly and easily accessible way and in accessible formats. The Commission should establish a single dedicated Union website, available in all official Union languages, collating the special conditions or preferential treatment offered by their public authorities. Member States should facilitate that information on the website where available and to update it regularly, including when changes occur in accordance with national legislation.
Amendment 60 #
2023/0393(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Member States shall ensure that the rules laid down in [Directive (EU) XXXXX] apply to third country nationals not falling within the scope of that Directive whose disability status and/or rights to parking conditions and facilities reserved for persons with disabilities have been recognised by the Member State of their residence, as well as to persons accompanying or assisting them, including their personal assistant(s) regardless their nationality within the meaning Article 3 point (d) of that Directive, as well as assistance animals such as guide dogs or assistance dogs.
Amendment 67 #
2023/0393(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive shall not affect the applicable Union rules governing mobility across the Union, of third country nationals legally residing in the territory of a Member State.
Amendment 71 #
2023/0393(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
For the purposes of this Directive “third country national” means any person who is neither a Union citizen within the meaning of Article 20(1) TFEU nor a family member of a Union citizen exercising his or her right of free movement within the meaning of Articles 2(2) and 3(2) of Directive 2004/38/EC, and who is legally residing in the territory of a Member State and is entitled to move or travel to other Member States in accordance with Union law.
Amendment 73 #
2023/0393(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
By dd/mm/yy [two years from the date of application of this Directive], and every four years thereafter, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.
Amendment 74 #
2023/0393(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
The European Disability Card and the European Parking Card for persons with disabilities shall always be issued or renewed free of charge by the Member State of residence upon application by the person with disabilities.
Amendment 76 #
2023/0393(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
The report shall include an assessment of the use of the card as regards portability in the area of social security benefits, social protection and social assistance. The report shall also include an intersectionality and gender equality analysis of the impact of this Directive on the free movement of persons with disabilities who have intersecting identities,
Amendment 80 #
2023/0393(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Amendment 1 #
2023/0264(BUD)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. Whereas the Conference on the Future of Europe has offered an unprecedented model of deliberative and participatory democracy at EU level;
Amendment 6 #
2023/0264(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regards as insufficient the proposed increase for European Commission representation offices in Member States, and therefore strongly supports a call for increased funding in 2024, to encourage proactive dialogues on EU matters with citizens across the Union;.
Amendment 8 #
2023/0264(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Strongly emphasises the need for further investment and resources dedicated towards a participatory democracy, particularly in light of the findings and results of the Conference on the Future of Europe;
Amendment 9 #
2023/0264(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that adequate resources should be devoted to strengthening the transparency and integrity of theall EU institutions and agencies, especially, by increasing budgetary appropriations of the Joint Transparency Register, and by securing sufficient resources for the proper establishment and full functioning of the Interinstitutional ethics body;
Amendment 10 #
2023/0264(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for specific resources for increased and strengthened projects of interaction between the institutions and national and regional institutions, in order to enhance national participation at Union level
Amendment 160 #
2023/0132(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This revision maintains the level of harmonisation that has been achieved. Where necessary and appropriate, it further reduces the remaining disparities, by laying down rules on the supervision and control of medicinal products and the rights and duties incumbent upon the competent authorities of the Member States with a view to ensuring compliance with legal requirements. In the light of experience gained on the application of the Union pharmaceutical legislation and the evaluation of its functioning, the regulatory framework need to be adapted to scientific and technological progress, the current market conditions and economic reality within the Union. Scientific and technological developments induce innovation and development of medicinal products, including for therapeutic areas where there is still unmet medical need. To harness these developments, the Union pharmaceutical framework should be adapted to meet scientific developments such as genomics, accommodate cutting edge medicinal products, e.g. personalised medicinal products, novel health treatments and technological transformation such as data analytics, digital tools and the use of artificial intelligence. These adaptations also contribute to competitiveness of the Union pharmaceutical industry.
Amendment 207 #
2023/0132(COD)
Proposal for a directive
Recital 44
Recital 44
(44) As regards access to medicinal products, previous amendments to the Union pharmaceutical legislation have addressed this issue by providing for accelerated assessment of marketing authorisation applications or by allowing conditional marketing authorisation for medicinal products for unmet medical need. While these measures accelerated the authorisation of innovative and promising therapies, these medicinal products do not always reach the patient and patients in the Union still have different levels of access to medicinal products. Patient access to medicinal products depends on many factors. Marketing authorisation holders are not obliged to market a medicinal product in all Member States; they may decide not to market their medicinal products in, or withdraw them from, one or more Member States. National pricing and reimbursement policies, the size of the population, the organisation of health systems and national administrative procedures are other factors influencing market launch and patient access. In addition, complex regulatory environment and associated administrative burden may prevent SMEs, research institutes and academic institutions developing promising innovative treatments from applying for conditional market authorization.
Amendment 212 #
2023/0132(COD)
Proposal for a directive
Recital 45 a (new)
Recital 45 a (new)
(45 a) Given the unmet needs in the area of mental health, the revision should also support early access to novel treatments for patients who need them most through means like compassionate use programmes and conditional marketing authorisation. These programs should play a pivotal role in providing treatment experience for providers and generating valuable real-world data to inform safety policies and future product labelling.
Amendment 213 #
2023/0132(COD)
Proposal for a directive
Recital 45 b (new)
Recital 45 b (new)
(45 b) Use of early access pilot programs to treat a diverse set of patients with complex comorbidities who are often excluded from clinical trials focused on novel mental health treatments should be supported. Allowing this would support gathering critical additional data on the safety and efficacy of these treatments in a broader population. Furthermore, these programs should explore different treatment protocols, such as group therapy and peer support specialists, to find the optimal balance of safety, efficacy, affordability, and equitable access.
Amendment 214 #
2023/0132(COD)
Proposal for a directive
Recital 45 c (new)
Recital 45 c (new)
(45 c) The revision should aim to support innovative mental health care treatments that combine pharmacological, and psychological aspects. Moreover, generation of empirical evidence for the quality and safety of novel mental health treatments should be further explored and supported. This includes understanding the interactions between the pharmacological substances and the psychotherapy as well as assistive technologies that can assist to patient preparation, monitoring or treatment integration.
Amendment 215 #
2023/0132(COD)
Proposal for a directive
Recital 45 d (new)
Recital 45 d (new)
(45 d) Mental health disorders also represent an area of unmet medical need, where only a moderate progress has been achieved during the past decades, especially in addressing the treatment resistant depression, treatment-resistant PTSD as well as regarding the neurodegenerative diseases. At the same time the mental health disorders pose a substantial burden on individuals, healthcare systems, caregivers, and economies.
Amendment 239 #
2023/0132(COD)
Proposal for a directive
Recital 50
Recital 50
(50) The establishment of a criteria- based definition of ‘unmet medical need’ is required to incentivise the development of medicinal products in therapeutic areas that are currently underserved. To ensure that the concept of unmet medical need reflects scientific and technological developments and current knowledge in underserved diseases, the Commission should specify and update using implementing acts, the criteria of satisfactory method of diagnosis, prevention or treatment, ‘remaining high morbidity or mortality’, high prevalence with a particular attention to treatment resistance, ‘relevant patient population’ following scientific assessment by the Agency. The Agency will seek input from a broad range of authorities or bodies active along the lifecycle of medicinal products in the framework of the consultation process established under the [revised Regulation (EC) No 726/2004] and also take into account scientific initiatives at EU level or between Member States related to analysing unmet medical needs, burden of disease and priority setting for research and development. The criteria for ‘unmet medical need’ can be subsequently used by Member States to identify specific therapeutic areas of interest.
Amendment 798 #
2023/0132(COD)
Proposal for a directive
Article 56 – paragraph 3 – subparagraph 1
Article 56 – paragraph 3 – subparagraph 1
The marketing authorisation holder of a medicinal product placed on the market in a Member State shall, within the limits of its responsibility, ensure appropriate and continued supplies of that medicinal product to wholesale distributors in accordance with Article 166 and 167, pharmacies orand persons authorised to supply medicinal products so that the needs of patients in the Member State in question are covered.
Amendment 1578 #
2023/0132(COD)
Proposal for a directive
Article 206 – paragraph 2 – point e a (new)
Article 206 – paragraph 2 – point e a (new)
(e a) non-compliance with the obligations laid down in this Directive in Chapter V.
Amendment 234 #
2023/0131(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) Given that poor physical and mental health has a profound impact on societies and communities, high unmet medical needs shall be evaluated also within the broader context of public health and societal challenges.
Amendment 235 #
2023/0131(COD)
Proposal for a regulation
Recital 20 b (new)
Recital 20 b (new)
(20 b) Next to unmet medical needs already recognized in the antimicrobial, oncological, rare, and neurodegenerative diseases, particular attention should be given to unmet medical needs related to mental health sector and thus supporting novel mental health treatments which are showing promising potential.
Amendment 236 #
2023/0131(COD)
Proposal for a regulation
Recital 20 c (new)
Recital 20 c (new)
(20 c) The revision shall aim to support innovative mental health care treatments that combine pharmacological, and psychological aspects. Moreover, generation of empirical evidence for the quality and safety of novel mental health treatments should be further explored and supported. This includes understanding the interactions between the pharmacological substances and the psychotherapy as well as assistive technologies that can assist to patient preparation, monitoring or treatment integration.
Amendment 301 #
2023/0131(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57 a) Given the unmet needs in the area of mental health, the revision shall support early access to novel treatments for patients who need them most through means like compassionate use programmes and conditional marketing authorisation. These programs shall play a pivotal role in providing treatment experience for providers and generating valuable real-world data to inform safety policies and future product labelling.
Amendment 302 #
2023/0131(COD)
Proposal for a regulation
Recital 57 b (new)
Recital 57 b (new)
(57 b) Use of early access pilot programs to treat a diverse set of patients with complex comorbidities who are often excluded from clinical trials focused on novel mental health treatments should be supported. Allowing this would support gathering critical additional data on the safety and efficacy of these treatments in a broader population. Furthermore, these programs shall explore different treatment protocols, such as group therapy and peer support specialists, to find the optimal balance of safety, efficacy, affordability, and equitable access.
Amendment 303 #
2023/0131(COD)
Proposal for a regulation
Recital 57 c (new)
Recital 57 c (new)
(57 c) If an applicant for compassionate use is an SME, research institute, or not- for-profit entity, the administrative burden associated with making available for compassionate use a medicinal product for human use shall be reduced. This might include procedural and administrative assistance by the national competent authorities of the Member States and the Agency.
Amendment 516 #
2023/0131(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down Union procedures for the authorisation, supervision and pharmacovigilance of medicinal products for human use at Union level, establishes rules and procedures at Union and at Member State level relating to the monitoring and managamenet of shortages and critical shortages and security of supply of medicinal products and lays down the governance provisions of the European Medicines Agency (‘the Agency’) established by Regulation (EC) No 726/2004 which shall carry out the tasks relating to medicinal products for human use that are laid down in this Regulation, Regulation (EU) No 2019/6 and other relevant Union legal acts.
Amendment 552 #
2023/0131(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 11 a (new)
Article 2 – paragraph 2 – point 11 a (new)
(11 a) 'demand' means the request for a medicinal product by a healthcare or patient in response to clinical need; the demand is satisfactorily met when the medicinal products is acequired in appropriate time and in sufficient quantity to allow continuity of provision of the best care to patients. Wholesalers are usually a key supply link between market authorization holders and the users of medicines, and in those cases, in order to estimate demand, the quantity requested in wholesale orders should be considered;
Amendment 570 #
2023/0131(COD)
(13) ‘critical shortage in the Member State’ means a shortage of a medicinal product, for which there is no appropriatetherapeutical alternative medicinal product available on the market in that Member State, and that shortage cannot be resolved.
Amendment 575 #
2023/0131(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 14 a (new)
Article 2 – paragraph 2 – point 14 a (new)
(14 a) 'unavailability’ means a situation a product has not been launched, has been permanently withdrawn or marketing has been ceased or suspended.
Amendment 740 #
2023/0131(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article22a Obligations and liability of the marketing authorisation holder The marketing authorisation holder of a centralised medicinal product shall, within the limits of its responsibility, ensure appropriate and continued supplies of that medicinal product to wholesale distributors, pharmacies or persons authorised to supply medicinal products, so that the needs of patients in those Member States in which it is prescribed are covered.
Amendment 759 #
2023/0131(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of this Article, ‘compassionate use’ shall mean making a medicinal product belonging to the categories referred to in Article 3, paragraphs 1 and 2 available for compassionate reasons to a group of patients with a chronically or seriously debilitating disease or whose physical or mental health disease is considered to be life-threatening, treatment resistant, or causing psychological distress in palliative care, and who cannot be treated satisfactorily by an authorised medicinal product. The medicinal product concerned must either be the subject of an application for a marketing authorisation in accordance with Article 6 or the submission of such application is imminent, or it must be undergoing clinical trials in the same indication.
Amendment 1384 #
2023/0131(COD)
Proposal for a regulation
Article 104 – paragraph 3 – subparagraph 2
Article 104 – paragraph 3 – subparagraph 2
Information in such register shall be publicly available and includes as a minimum the information reported in Annex II - Section 1.6 of [revised Directive 2001/83/EC], unless restrictions are necessary to protect commercially confidential information. For the purpose of setting up such register, the Agency may request marketing authorisation holders and competent authorities to submit results of any such study already completed for products authorised in the Union within [OP please add the date = 24 months after the date of application of this Regulation].
Amendment 1530 #
2023/0131(COD)
Proposal for a regulation
Article 120 – paragraph 1 a (new)
Article 120 – paragraph 1 a (new)
1 a. For the purposes of the reporting in accordance with Article 118(1) and for the early detection of supply shortages, wholesalers designated under article 166(1)(a) of [revised Directive 2001/83/EC] shall transmit the information set out in Part Va of Annex IV to the competent authorities of the Member States in a timely manner.
Amendment 1532 #
2023/0131(COD)
Proposal for a regulation
Article 120 – paragraph 2
Article 120 – paragraph 2
2. For the purposes of Article 118(1), where relevant, upon request from the competent authority concerned as defined in Article 116(1), entities including other marketing authorisation holders as defined in Article 116(1), importers and manufacturers of medicinal products or active substances and relevant suppliers of these, wholesale distributors, stakeholder representative associations or other persons or legal entities that are authorised or entitled to supply medicinal products to the public shall provide any relevant information requested in a timely manner. Commercially sensitive information shall only be available to the relevant authorities.
Amendment 1537 #
2023/0131(COD)
Proposal for a regulation
Article 121 – paragraph 1 – point b
Article 121 – paragraph 1 – point b
(b) publish information on actual shortages of medicinal products, in cases in which that competent authority has assessed the shortage, on a publicly available website;the reason for the shortage, as well as measures taken to counter the actual shortage, as soon as that competent authority has assessed the shortage and provided clear recommendations and possible alternatives to healthcare professionals and patients, on a publicly available and user-friendly website. The Member State shall, within one week, inform the Agency of any measure foreseen or taken at national level to mitigate the shortage or expected shortage.
Amendment 1563 #
2023/0131(COD)
Proposal for a regulation
Article 121 – paragraph 5 – point d
Article 121 – paragraph 5 – point d
(d) within one week, inform the Agency of any actions foreseen or taken by that Member State in accordance with points (b) and (c) and report on any other actions taken to mitigate or resolve the critical shortage in the Member State, as well as the results of these actions, within one month.
Amendment 1582 #
2023/0131(COD)
Proposal for a regulation
Article 122 – paragraph 5 a (new)
Article 122 – paragraph 5 a (new)
Amendment 1604 #
2023/0131(COD)
Proposal for a regulation
Article 123 – paragraph 4
Article 123 – paragraph 4
4. The MSSG may provide without any undue delay recommendations on measures to resolve or to mitigate the critical shortage, in accordance with the methods referred to in Article 122(4), point (d), to relevant marketing authorisation holders, the Member States, the Commission, the representatives of healthcare professionals or other entities.
Amendment 1621 #
2023/0131(COD)
Proposal for a regulation
Article 124 – paragraph 3 a (new)
Article 124 – paragraph 3 a (new)
3 a. Marketing authorisation holders as defined in Article 116(1) and other actors listed in Article 120(2) that are directly affected by the measures notified under Articles 121(1), point (b); 121(2), point (f); and 121(5), point (d) shall be granted access to documents, while protecting commercially confidential information. The Agency may set a deadline within which marketing authorisation holders and other actors may submit their comments.
Amendment 1629 #
2023/0131(COD)
Proposal for a regulation
Article 126 – paragraph 1 – introductory part
Article 126 – paragraph 1 – introductory part
1. The Commission shall, where it considers it appropriate and necessary to manage shortages and critical shortages:
Amendment 1632 #
2023/0131(COD)
Proposal for a regulation
Article 126 – paragraph 2 a (new)
Article 126 – paragraph 2 a (new)
2 a. The Commission shall take the appropriate steps to address any concerns raised by the report of the Agency in Article 122(6).
Amendment 1646 #
2023/0131(COD)
Proposal for a regulation
Article 129 – paragraph 1
Article 129 – paragraph 1
For the purposes of Article 127(4) and Article 130(2), point (c), and Article 130(4), point (c), where relevant, upon request from the competent authority concerned as defined in Article 116(1), entities including other marketing authorisation holders as defined in Article 116(1), importers and manufacturers of medicinal products or active substances and relevant suppliers of these, wholesale distributors, stakeholder representative associations or other persons or legal entities that are authorised or entitled to supply medicinal products to the public shall provide any information requested in a timely mannerpro-actively where they deem it necessary or as requested in a timely manner. Commercially sensitive information shall only be available to the relevant authorities.
Amendment 95 #
2023/0085(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Climate-related claims have been shown to be particularly prone to being unclear and ambiguous and to mislead consumers. This relates notably to environmental claims that products or entities are “climate neutral”, “carbon neutral”, “100% CO2 compensated”, or will be “net-zero” by a given year, or similar. Such statements are often based on “offsetting” of greenhouse gas emissions through “carbon credits” generated outside the company’s value chain, for example from forestry or renewable energy projects. The methodologies underpinning offsets vary widely and are not always transparent, accurate, or consistent. This leads to significant risks of overestimations and double counting of avoided or reduced emissions, due to a lack of additionality, permanence, ambitious and dynamic crediting baselines that depart from business as usual, and accurate accounting. These factors result in offset credits of low environmental integrity and credibility that mislead consumers when they are relied upon in explicit environmental claims. Offsetting can also deter traders from emissions reductions in their own operations and value chains. In order to adequately contribute to global climate change mitigation targets, traders should prioritise effective reductions of emissions across their own operations and value chains instead of relying on offsets. Any resulting residual emissions will vary by sector-specific pathway in line with the global climate targets and will have to be addressed through removals enhancements. When offsets are used nonetheless, it is deemed appropriate to address climate-related claims, including claims on future environmental performance, based on offsets in a transparent manner. Therefore, the substantiation of climate- related claims should consider any greenhouse gas emissions offsets used by the traders separately from the trader’s or the product’s greenhouse gas emissions. In addition, this information should also specify the share of total emissions that are addressed through offsetting, whether these offsets relate to emission reductions or removals enhancement, and the methodology applied. The climate-related claims that include the use of offsets have to be substantiated by methodologies that ensure the integrity and correct accounting of these offsets and thus reflect coherently and transparently the resulting impact on the climatenot be based on greenhouse gas emissions offsets.
Amendment 114 #
2023/0085(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to meet both the needs of traders regarding dynamic marketing strategies and the needs of consumers regarding more detailed, and more accurate, environmental information, the Commission may adopt delegated acts to supplement the provisions on substantiation of explicit environmental claims by further specifying the criteria for such substantiation with regard to certain claims (e.g. climate-related claims, including claims about offsets, “climate neutrality” or similar, recyclability and recycled content). The Commission should be empowered to further establish rules for measuring and calculating the environmental impacts, environmental aspects and environmental performance, by determining which activities, processes, materials, emissions or use of a product or trader contribute significantly or cannot contribute to the relevant environmental impacts and environmental aspects; by determining for which environmental aspects and environmental impacts primary information should be used; and by determining the criteria to assess the accuracy of primary and secondary information. While in most cases the Commission would consider the need for adopting these rules only after having the results of the monitoring of the evolution of environmental claims on the Union market, for some types of claims it may be necessary for the Commission to adopt supplementary rules before the results of this monitoring are available. For example, in case of climate-related claims it may be necessary to adopt such supplementary acts in order to operationalise the provisions on substantiation of claims based on offsets.
Amendment 220 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point p
Article 1 – paragraph 2 – point p
Amendment 224 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. By way of derogation from the second paragraph of this Article, this Directive applies if the legislation listed in points (a) to (o) does not provide an equivalent level of consumer protection as this Directive with respect to the reliability, comparability and verifiability of claims, the level of disclosure of information, the requirements on third party verification prior to the claim being put on the market and enforcement. Within one year after entry into force of this Directive, the Commission shall adopt a delegated act in accordance with Article 18 to specify which legislation is fully excluded from the scope of this Directive and for which legislation some of the Articles of this Directive continue to apply.
Amendment 340 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) separate any greenhouse gas emissions offsets used from greenhouse gas emissions as additional environmental information, specify whether those offsets relate to emission reductions or removals, and describe how the offsets relied upon are of high integrity and accounted for correctly to reflect the claimed impact on climateprovide information demonstrating that no greenhouse gas emissions offsets are used for the claim;
Amendment 462 #
2023/0085(COD)
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. Explicit environmental claims on a product or the trader shall not include greenhouse gas emissions offsets.
Amendment 481 #
2023/0085(COD)
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point c
Article 5 – paragraph 6 – subparagraph 2 – point c
(c) the underlying studies or calculations used to assess, measure and monitor the environmental impacts, environmental aspects or environmental performance covered by the claim, without omitting the results of such studies or calculations and, explanations of their scope, assumptions and limitations, unless the information is a trade secret in line with Article 2 paragraph 1 of Directive (EU) 2016/943112 ; _________________ 112 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 489 #
2023/0085(COD)
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point f
Article 5 – paragraph 6 – subparagraph 2 – point f
Amendment 692 #
2023/0085(COD)
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. Accredited verifiers established in one Member State in accordance with Regulation (EC) No 765/2008 may perform verification activities in any other Member State under the same conditions as accredited verifiers established in that Member State.
Amendment 708 #
2023/0085(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Member States shall designate single points of contact for microenterprises and SMEs from where they can request information on complying with the requirements on explicit environmental claims and on the available support referred to in the previous subparagraph.
Amendment 717 #
2023/0085(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. For the purpose of the enforcement of Articles 5 and 6, Member States may designate the national authorities or courts responsible for the enforcement of Directive 2005/29/EC. In that case, Member States may derogate from Articles 14 to 17 of this Directive and apply the enforcement rules adopted in accordance with Articles 11 to 13 of Directive 2005/29/EC.
Amendment 780 #
2023/0085(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The power to adopt delegated acts as referred to in Article 1(3), Article 3(4) and Article 5(8) shall be conferred on the Commission for a period of five years from [OP please insert the date = the date of transposition of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 781 #
2023/0085(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The delegation of power referred to in Article 1(3), Article 3(4) and Article 5(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 783 #
2023/0085(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. A delegated act adopted pursuant to Article 1(3), Article 3(4) and Article 5(8) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.
Amendment 18 #
2023/0025(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
Amendment 19 #
2023/0025(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) With regard to the obligation under Article 7(1) of Directive 2012/19/EU on the minimum collection to be achieved annually, the Commission should also take into consideration the different roll out dates for photovoltaic panels in different Member States and their impact on Member States' implementation of such obligation.
Amendment 20 #
2023/0025(COD)
Proposal for a directive
Recital 10 c (new)
Recital 10 c (new)
Amendment 23 #
2023/0025(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 b (new)
Article 1 – paragraph 1 – point -1 b (new)
Directive 2012/19/EU
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
(-1b) In Article 2, paragraph 4, point (c) is replaced by the following: "(c) large-scale fixed installations, except any equipment which is not specifically designed and installed as part of those installations; and in any case except for heat pump installations. Special attention should be given towards electrical and electronic equipment linked with fluorinated gases"; Or. en (02012L0019)
Amendment 24 #
2023/0025(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 c (new)
Article 1 – paragraph 1 – point -1 c (new)
(-1c) In Article 3, paragraph 1, the following point is added: (oa) ‘polluter pays principle’ means a principle according to which polluters should bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society;
Amendment 33 #
2023/0025(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a No later than [31 December 2024] the Commission shall assess the need, and where appropriate, present a legislative proposal on the revision of Directive 2012/19/EU accompanied by a thorough impact assessment. The legislative proposal shall specifically ensure that the principle of legal certainty is adhered to and that there is no provision that could entail unjustified retroactive effect in any Member State. The proposal shall also ensure that citizens or consumers are not burdened with additional costs whilst overcoming existing issues with the current WEEE Directive, such as failure to achieve the collection targets, illegal exports of WEEE, inadequate target setting based exclusively on weight and lack of waste prevention measures.
Amendment 59 #
2022/2143(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, in accordance with Article 4(2) TEU, the EU must respect the national identities of Member States, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government;
Amendment 102 #
2022/2143(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas, in accordance with Article 7 TEU, on a proposal by one third of the Member States or by the Commission, the European Council may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2 TEU, following which the Council may decide to suspend certain of the rights deriving from the application of the Treaties to the Member State in question;
Amendment 124 #
2022/2143(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 148 #
2022/2143(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the principle of primacy of EU law or that of the precedence of international law over domestic law are present in the constitutional order of several Member States, though not all;
Amendment 176 #
2022/2143(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the diversity among the legal traditions specific to each Member State; notes that the CJEU case-law has developed on the basis of the different Member States’ legal traditions; believes that such differences are one of the contributing factors to national constitutional courts challenging the rulings of the CJEU; emphasises that the CJEU constructs general principles based on common constitutional traditions of Member States’ legal orders;
Amendment 177 #
2022/2143(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Reiterates that in practical terms the approach of the CJEU to Article 4(2) TEU on respect for national identities of Member States, is informed by the analysis of common European values (Article 2 TEU); points out therefore, that references to Article 4(2) TEU by national constitutional courts should never be used to compromise common European values;
Amendment 196 #
2022/2143(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that the proper implementation of EU law and CJEU case law is a priority for the respect of the principle of primacy of EU law; therefore, calls on the Commission, in its role as the guardian of the Treaties, to issue a yearly account, modelled on the Rule of Law annual report, in which the state of play on the implementation of Union law and jurisprudence is determined by analysing and assessing the application of CJEU judgements in the Member States and the upholding of the EU Treaties and their application in the different Member States; calls on the Commission also to initiate the appropriate proceedings against the Member States who fail to implement primary Union law or CJEU case-law relating to EU competences in domestic law and courts;
Amendment 224 #
2022/2143(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Strongly recommends that alongside the judicial means of preliminary reference, the CJEU and national constitutional courts are to engage in regular informal dialogue; encourages therefore the establishment of a forum within the CJEU, in which these judicial authorities can be brought together supported by the Commission, in the spirit of mutual cooperation with the aim of encouraging harmonisation of the interpretation of EU law across all judicial systems; encourages the individual Member States and the Commission to support these efforts; stresses that legal scholars in the field of national constitutional law should also be encouraged to familiarise themselves with EU case-law;
Amendment 227 #
2022/2143(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Emphasises that the executive and legislative bodies of Member States also bear a responsibility to ensure that their respective Member State upholds the provisions of the Treaties; stresses in this regard that executive and legislative bodies should take action to amend or withdraw legal acts that have been found to be in breach of EU law;
Amendment 228 #
2022/2143(INI)
10c. Emphasises that the key to fruitful dialogue and proper implementation of the principle of primacy of EU law is adequate capacity building; calls, therefore, for a European Union programme offering thorough training addressed at the Member States' domestic judicial systems, including judges, magistrates, lawyers, prosecutors, those working in the public sector and also at policy makers, both at national and also at EU level in order to encourage a better understanding of the primacy of Union law itself, the EU legal order in general and also the ramifications of the incorrect implementation of Union law and CJEU case-law;
Amendment 229 #
2022/2143(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Notes that some cases of national constitutional courts disagreeing with the decisions of the CJEU relate to the protection of fundamental rights, specifically when national courts interpret the fundamental rights granted by EU law to be less protective than the fundamental rights granted by the national constitution; notes that the accession of the European Union to the European Convention on Human Rights would contribute to resolving conflicts concerning the protection of fundamental rights by allowing the European Court of Human Rights to review Union acts for their compliance with the European Convention on Human Rights; calls on the Commission and Member States to ensure a swift conclusion of the accession process;
Amendment 230 #
2022/2143(INI)
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10e. Notes that some cases of conflict can be linked with the deteriorating situation of the rule of law in the Member State in question; considers such cases to be a threat to the legal order in the Member State concerned and to the sincere cooperation among Member States as well as a failure of that Member State to live up to its Treaty obligations; welcomes the CJEU’s case-law in the fields of rule of law and judicial independence; reiterates its call on the Commission to make full use of its powers to address the existing and potential breaches of the values enshrined in Article 2 TEU; stresses Parliament’s determination to initiate the procedure referred to in Article 7 TEU in cases of a clear risk of a serious breach by a Member State of the European values referred to in Article 2 TEU and reiterates its call on the Council to make concrete and credible efforts to advance all ongoing Article 7 proceedings;
Amendment 231 #
2022/2143(INI)
10f. Notes the current process of accession to the EU of a number of candidate countries; recommends that in the application of the above recommendations and others towards a more harmonised approach to the principle of primacy of EU law, candidate countries are to be included in the broader discussion; proposes the accession process to include capacity building on the EU’s legal order and application of Union law; further proposes the establishment of a regular structured dialogue between the CJEU and the national courts of candidate countries;
Amendment 270 #
2022/2051(INL)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the Proposal of a Manifesto for a Federal Europe: Sovereign, Social and Ecological, adopted by the Spinelli Group on 29 Augus 20221 1.https://thespinelligroup.eu/wp- content/uploads/2022/10/20220912_P roposal-Manifesto-for-a-Federal- Europe-political-social-and- ecological.pdf
Amendment 385 #
2022/2051(INL)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Proposes that Europol receive additional competences subject to parliamentary scrutiny; sSuggests that gender-based violence and environmental crime be added as areas of crime that meet the criteria of Article 83(1) TFEU (Union crimes); calls for the functioning of the European Public Prosecutor’s Office to be governed by the OLP;
Amendment 390 #
2022/2051(INL)
Paragraph 35
Amendment 498 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 79 – paragraph 1
1. The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third- country nationals residing legally in Member States, ands well as the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings.
Amendment 500 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 79 – paragraph 2 – point a
(a) the conditions of entry and residence, and standards on the issue by Member States of long-term visas by Member States and residence permits, including those for the purpose of family reunification;
Amendment 504 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 88 – paragraph 1
1. Europol's missionThe mission of Europol shall be to support and strengthen action by the Member States' police authorities and other law enforcement services and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy.
Amendment 505 #
2022/2051(INL)
Annex to the motion for a resolution
(b) the coordination, organisation and implementation of investigative and operational action carried out jointly with the Member States' competent authorities of the Member States or in the context of joint investigative teams, where appropriate in liaison with Eurojust.
Amendment 506 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 88 – paragraph 3
3. Any operational action by Europol must be carriedy out any operational action in liaison and in agreement with the authorities of the Member State or States whose territory is concerned. The application of coercive measures shall be the exclusive responsibility of the competent national authorities.
Amendment 7 #
2022/2005(INI)
Motion for a resolution
Citation 6
Citation 6
— having regard to the establishment in June 2016 of the EU High Level Group on cCombatting racism, xenophobia and other forms of intolerance,Hate Speech and Hate Crime;
Amendment 13 #
2022/2005(INI)
Motion for a resolution
Citation 12
Citation 12
— having regard to the Commission communication of 3 March 2021 entitled ‘Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030’ (COM(2021)0101), and the United Nations Convention on the Rights of Persons with Disabilities ratified by the EU and all its Member States;
Amendment 56 #
2022/2005(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the adoption of the anti- discrimination directive have been blocked in the council since 2008;
Amendment 86 #
2022/2005(INI)
Motion for a resolution
Recital E
Recital E
E. whereas there are barriers to access justice for victims of racial discrimination; whereas equality bodies in themany Member States lack the human and financial resources and/or political will andthe necessary independence to bridge this gap, including because of insufficient political will;
Amendment 92 #
2022/2005(INI)
Ea. whereas intersectionality is an important horizontal concept of the Gender and LGBTQI strategies and only such an approach can pave the way to sustainable and respectful changes in society;
Amendment 93 #
2022/2005(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the FRA reports that the racialized groups most affected by racism and discrimination in Europe, based on ethnic or immigrant background, are Roma, people with a North African or sub-Saharan African background[1]; whereas FRA also report high levels of discrimination and racism against Muslims[2] and Jewish[3] people; [1] https://fra.europa.eu/en/publication/2017/ second-european-union-minorities-and- discrimination-survey-main-results/, p. 13.[2] https://fra.europa.eu/en/publication/2017/ second-european-union-minorities-and- discrimination-survey-muslims- selected.[3] https://fra.europa.eu/en/publication/2018/ experiences-and-perceptions- antisemitism-second-survey- discrimination-and-hate.
Amendment 98 #
2022/2005(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas hate speech and hate crimes are among the most severe manifestations of racism and xenophobia;
Amendment 100 #
2022/2005(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas the way in which people are portrayed in the media, regardless of their racial, religious or ethnic background, can reinforce negative stereotypes with racial connotations;
Amendment 102 #
2022/2005(INI)
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas social biases and structural inequalities are also often integrated into new technologies, including AI;
Amendment 103 #
2022/2005(INI)
Motion for a resolution
Recital E f (new)
Recital E f (new)
Ef. whereas CSOs plays a critical role in preserving and implementing EU values and fundamental rights, and in the implementation of EU policies and strategies; whereas there is a degradation of civic space throughout the EU and many CSOs struggle to survive and have problems with funding[1];[1]Shrinking space for civil society in Europe, European Parliament resolution of 8 March 2022 on the shrinking space for civil society in Europe (2021/2103(INI)
Amendment 105 #
2022/2005(INI)
Motion for a resolution
Recital E g (new)
Recital E g (new)
Eg. whereas Roma women and people with disabilities have also faced structural violence and violation of their integrity and bodily autonomy, being victims of forced sterilisation, contraception and abortion which are harmful practices and form of gender based violence rooted in eugenic beliefs;
Amendment 120 #
2022/2005(INI)
H. whereas the EU institutions need to take concrete steps to ensure sustainable changes towards a fully inclusive and respectful workplace; whereas discrimination is often multidimensional and only an intersectional approach can pave the way to sustainable changes, stemming from histories, policies and practices of racism deeply embedded in societal structures;
Amendment 131 #
2022/2005(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas xenophobic and national non-governmental organizations such as “Stowarzyszenie Straż Narodowa”, “Stowarzyszenie Marsz Niepodległości” and “Stowarzyszenie Młodzież Wszechpolska,” were generously donated by Polish authorities; whereas the total amount of transfers from the governmental Patriotic Fund exceeded more than 3 million PLN, and according to information released by the media, the funds were also spent on the sound system allowing the spread anti-European content.
Amendment 160 #
2022/2005(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to regularly assess the implementation of the current EU legal framework for combating discrimination, racism, xenophobia and other types of intolerance in order to determine how to improve it where needed, and to take part in a regular dialogue and exchange of best practices with Member States and stakeholders;
Amendment 166 #
2022/2005(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to mainstream anti-racism and gender equality when drafting legislation, adopting budgets or implementing laws, including founding of projects on a Member State, regional and local level;
Amendment 178 #
2022/2005(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls the long-standing call of the Parliament for the adoption of the Horizontal Anti-Discrimination Directive, that has been blocked in Council since 2008 to harmonise the scope and the reach of the anti-discrimination instruments; calls on forthcoming presidencies of the Council to make equal treatment and the fight against discrimination in all its forms a key priority to break the deadlock; calls for ensuring that the EU Equality legislative framework combats intersectional discrimination, including in its structural and institutional forms, to move away from a single-axis individual approach and address systemic discrimination without lowering the standards; calls on the Council to establish a Council configuration on Gender Equality and Equality to properly discuss the abovementioned topics in a permanent forum;
Amendment 182 #
2022/2005(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to ensure the full implementation of the Racial Equality Directive; condemns the fact that racial, ethnic, linguistic and religious minorities face structural racism, discrimination, hate crime and hate speech, a lack of access to justice, and sustained socioeconomic inequalities in areas such as housing, healthcare, employment and education, which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality;
Amendment 188 #
2022/2005(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Condemns the fact that racial, ethnic, linguistic and religious minorities face structural racism, discrimination, hate crime and hate speech, a lack of access to justice, and sustained socioeconomic inequalities in areas such as housing, healthcare, employment and education, which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality;
Amendment 197 #
2022/2005(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets that 14 years after the adoption of the Framework Decision on Racism and Xenophobia, several Member States have not yet fully and correctly transposed its provisions into national law; calls on the Member States to put measures in place that encourage victims and witnesses to come forward and report hate crime, and strengthen the ability of national law enforcement systems to correctly identify and record it;
Amendment 203 #
2022/2005(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to put measures in place that encourage victims and witnesses to come forward and report hate crime, and strengthen the ability of national law enforcement systems to correctly identify and record it;
Amendment 246 #
2022/2005(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission and the Member States to adopt specific actions to combat gender-based violence against racialised women, including through the adoption of the proposed Directive on combating violence against women and domestic violence, by adding gender- based violence on the list of EU-crimes and by criminalising forced sterilisation and forced abortion and providing remedies and support to victims;
Amendment 270 #
2022/2005(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on all Member States to adopt national action plans against racism and discrimination by the end of 2022 which take into account the historical roots of racism, as provided for in the EU Anti- racism Action Plan; highlights the need to continue this EU Action Plan beyond 2025 and encourages the Commission to begin this work before the end of its current mandate;
Amendment 272 #
2022/2005(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls its support to CSOs, in particular in the field of anti-racism, anti- discrimination and tolerance, and the need for dedicated and sufficient EU funding being available to them; deplores attacks in different forms (hate speech, tax regimes, SLAPPs, attacks to their offices or people working in them) against those CSOs providing support to citizens and expertise to policy makers in this field;
Amendment 305 #
2022/2005(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes in this regard the adoption of the EP diversity strategy and its roadmap for 2022-2024; highlights that it is also the responsibility of the respective political groups to enforce it in their respective HR strategy;
Amendment 310 #
2022/2005(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re- appointment since 2015 of the coordinator on combating anti-semitism and fostering Jewish life; but deplores that the position of anti-muslim hatred coordinator has been left vacant since July 2021; demands the immediate appointment and reminds that these positions should be permanent and therefore coordinators should be sustained and supported financially;
Amendment 320 #
2022/2005(INI)
15a. Calls on the Member States to officially recognise antigypsyism as a specific form of racism against Romani people;
Amendment 321 #
2022/2005(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Is concerned about the continued spread of the so-called “Great Replacement Theory”, a racist and xenophobic conspiracy theory, which incites to evil, hate and violence, including hate crimes around the world; Is alarmed by how the so-called “Great Replacement Theory” is mainstreamed into the political speech of a number of political figures from extreme right in the member states and reminds that this is a threat to the Union fundamental shared values;
Amendment 323 #
2022/2005(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Is concerned about reports[1]of discriminatory and racist practices at the borders and reminds Member States of each individual’s right to seek asylum and to be treated with respect underinternational law. [1]https://fra.europa.eu/en/news/2022/war -ukraine-fundamental-rights- implications-within-eu (12 May 2022) and EU-Ukrainian border checkpoints: First field observations | European Union Agency for Fundamental Rights(europa.eu) (23 March 2022)
Amendment 325 #
2022/2005(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Takes the view that Member States should tackle racism and discrimination since an early stage and mainstream inclusive education in all national official curricula, including via accurate reference to historical system of oppressions and abuses, so as counter stereotypes, unconscious bias and structural racism;
Amendment 328 #
2022/2005(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the need for a monitoring and accountability mechanism to ensure the effective application of EU anti-racism legislation and policy; calls for the commission to initiate infringement proceedings swiftly against Member States that are shown to be in breach;
Amendment 339 #
2022/2005(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the systematic integration of issues related to anti-racism, discrimination and intersectionality into its annual reports on fundamental rights and the rule of law; including a summary of the situation of each Member State as regards the implementation of The EU Antiracism Action Plan; calls for this dimension to be fully integrated and reflected in the final report of the panel of independent experts to be set up through the public procurement procedure requested by Parliament’s Bureau as part of the rule of law report;
Amendment 342 #
2022/2005(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Encourages Member States to fully transpose and apply the Framework Decision on Racism and Xenophobia to criminalise racist hate crime and hate speech; Encourages Member States to take the necessary measures to ensure that a racist or xenophobic motive is considered an aggravating circumstance or, alternatively, that the courts may take such a motive into consideration in determining the penalties.
Amendment 344 #
2022/2005(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Member States to detect every potential link between pro- Russian groups and extremist groups in the EU, and then undertake further steps in order to combat the activity of those organisations in the EU.
Amendment 346 #
2022/2005(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on the Member States to adopt National Action Plans Action Racism(NAPARs) by the end of 2022and prioritise actions to tackle lack of access to justice, and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality
Amendment 347 #
2022/2005(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on the Polish authorities to stop immediately targeting donations to the xenophobic organizations and urge to disbursement of funds to non- governmental organizations, which are not facing severe xenophobic allegations.
Amendment 348 #
2022/2005(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Is concerned about possible institutional racism within the European Union's decision making process and finds concern in the fact that the Temporary Protection Directive, although applied for multiple times, has rightly but only been considered as a form of international protection, both in creation and application, for Caucasian refugees; Calls on the institutions to look deeper into how racist and xenophobic sentiments can define Union policy throughout the decision making process;
Amendment 139 #
2022/0400(COD)
Proposal for a directive
Article 2 – title
Article 2 – title
Designation of equality bodiesfinition and Structure
Amendment 141 #
2022/0400(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Equality bodies may form part of agencies with responsibility at national level for the defence of human rights or the safeguarding of individuals' rightprotection and safeguarding of human rights. Such structure shall ensure the visibility and involvement of the equality body at all stages and shall allow for full transparency and accountability in the process.
Amendment 147 #
2022/0400(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take measures to ensure that equality bodies are independent andfully autonomous and independent. They must be free from external influence in performing their tasks and exercising their competences, in particular as regardsly in terms of their legal structure, accountability, budget, staffing, and organisatdecisional matterking processes.
Amendment 148 #
2022/0400(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
Equality bodies shall be completely distinct and free, structurually, methodologically and legally, from any ministerial, governmental or related entities or bodies.
Amendment 154 #
2022/0400(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall provide for transparentcy rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial positionboard members, those in managerial position, and other decision making players, in order to guarantee their competenceautonomy and independence.
Amendment 156 #
2022/0400(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall ensure that the appropriate safeguardchecks and balances are in place, in particular in the internal structure of equality bodies, to guarantee the independent exercise of all their competences whilst still encouraging coherence, notably where some require impartiality and others focus on support to victims.
Amendment 161 #
2022/0400(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that each equality body is provided with the human, technical and, financial and expert resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems. Nevertheless, the making available of such resources to equality bodies does not in any way create any obligation, whether implicit or direct, on the equality body towards the Member State, its government or ministerial entity providing such resources.
Amendment 168 #
2022/0400(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) adopt a national strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, on the rights under Directives 2006/54/EC and 2010/41/EU and on the existence of equality bodies and their services, the role and the accessibility of the different equality bodies and their services. This national strategy shall include, but is not limited to, a plan of circulation of information, advice, training, support and guidance, to individuals of all ages, and institutions, both private and public;
Amendment 171 #
2022/0400(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) ensure that equality bodies engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a national strategy defoutlining howthe steps theyat will be taken to engage in public dialogue, communicate with individuals and groups at risk of discrimination, provide training and guidance, anddress intersectional discrimination, promote equality duties and policies, equality mainstreaming and positive action amongin the public and private entitiesectors, amongst others.
Amendment 172 #
2022/0400(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) Equality bodies shall also be able to conduct research on discrimination, including structural, systemic and intersectional discrimination, as well as online discrimination, including discrimination resulting from algorithims.
Amendment 178 #
2022/0400(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1 (new)
Article 6 – paragraph 1 – subparagraph 1 (new)
"Assistance" shall refer also to any emotional and legal support, or other means that a victim of discrimination may require.
Amendment 180 #
2022/0400(COD)
Equality bodies shall provide assistance to victims, initially by informing them on the legal framework and their rights therein, including advice targeted to their specific situation, on the services offered by the equality body and related procedural aspects, as well as on available remedies, including the possibility to pursue a case in court.
Amendment 182 #
2022/0400(COD)
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 184 #
2022/0400(COD)
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Equality bodies shall inform the complainants of their preliminary assessment and whether it will close their complaint or whether there are grounds to pursue it further, including via the procedures laid down in Articles 7, 8 and 9. Should the complaint not be pursued further, a detailed explanation shall be made available to the complainant.
Amendment 187 #
2022/0400(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Equality bodies shall be able to offer the parties the possibility to seek an amicable resolution to their dispute, outside of court. That process shall be subject to the agreement of the parties and may be led by the equality body itself or by another existing dedicated entity, in which case the equality body may formulate observations to that entity. Engaging in such a process shall not prevent the parties from exercising their right of access to court.
Amendment 190 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that where, following a complaint or on tEquality bodies shall be able to receive, examine, heiar own initiative, equality bodies consider that the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU may have been breached, those bodies are empowered to further investigate the caseand conciliate individual and collective complaints of discrimination and make decisions on those complaints based on the relevant legislation.
Amendment 191 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Member States shall provide for a framework which enables equality bodies to carry out fact-finding investigations, whether upon a complaint or of their own initiative upon reasonable suspicion, in order to ensure that all facts of the case are taken into account for the purposes of their final decision.
Amendment 193 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 a (new)
Article 8 – paragraph 2 – subparagraph 2 a (new)
Public and private entities, and any other concerned third parties, and the alleged perpetrator, shall have a duty to cooperate with equality bodies in their investigations and fact finding by providing the requested information, without prejudice to the data rights of every individual.
Amendment 194 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 b (new)
Article 8 – paragraph 2 – subparagraph 2 b (new)
Equality bodies shall have the ability to impose sanctions or other form of penalty in the case that the evidence and/or relevant information requested is not provided to them without a justifiable reason based in law such as matters concerning personal data.
Amendment 195 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 199 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Where appropriate, opinions and decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall establish appropriate mechanisms for follow-up to opinions, such as feedback obligations, and for enforcement of decisions. Member States shall also ensure that national law provides for a right to appeal before the courts against legally binding final decisions issued by the equality body.
Amendment 201 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 3
Article 8 – paragraph 4 – subparagraph 3
Equality bodies shall publish summaries of their full opinions and decisions, without disclosing personal data.
Amendment 203 #
2022/0400(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that equality bodies have the right to act in court proceedings in, administrative and civil law matterstribunals and any other adjudicatory bodies or relating to the implementation of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU in accordance with paragraphs 2 to 5, without prejudice to national rules on the admissibility of actions.
Amendment 204 #
2022/0400(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The right to act in court proceedings shall include, but is not limited to:
Amendment 206 #
2022/0400(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the right of the equality body to submit observations to the court, administrative tribunals and/or any other adjudicatory body as amicus curiae;
Amendment 208 #
2022/0400(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the right of the equality body to initiate or participate in proceedings in its own name, or on behalf or in support of one or several victims; i, in particular in order to address structural or systemic discrimination, including online. In this case, the approval of the victims shall be necessary.
Amendment 210 #
2022/0400(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 213 #
2022/0400(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 227 #
2022/0400(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, including civil society organisations, at national, regional, local level as well as in other Member States and at Union and international level. Such cooperation shall not allow for the sharing of personal data.
Amendment 234 #
2022/0400(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall ensure that equality bodies may conduct independent surveys concerningand research concerning all forms of discrimination.
Amendment 235 #
2022/0400(COD)
Proposal for a directive
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) publish a report, with recommendations, at least every fourtwo years, on the state of equal treatment and discrimination, including potential structural or systemic issues, in their Member State.
Amendment 244 #
2022/0400(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that equality bodies may collect personal data only where explicitly necessary for the fulfilment of athe tasks under this Directive and where the data collection and processing is in full compliance with Regulation (EU) 2016/679.
Amendment 246 #
2022/0400(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall ensure that when equality bodies process special categories of personal data, namely within the meaning of Regulation (EU) 2016/679, such as data on racial or ethnic origin, religion or belief, disability or sexual orientation,, sexual orientation, sex life, health, biometric or genetic data, it shall be carried out in full compliance with Article 9 of Regulation (EU) 2016/679, and that suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject in accordance with Article 9(2)(g) of Regulation (EU) 2016/679.
Amendment 250 #
2022/0396(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the waste hierarchy set out in Article 4(2) of Directive 2008/98/EC, and in line with life-cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packaging where there is scientific evidence that this will lead to the best environmental outcomes and taking into consideration the challenges posed by reuse in Member States with limited water resources. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.
Amendment 405 #
2022/0396(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. The need for such harmonised labelling system to be recognised by all citizens irrespective of their circumstances such as age and language knowledge, should be a guiding factor in their design. This can be achieved through the use of pictograms with minimal language used. This would also serve to minimise the costs for translation of language used which would otherwise be required.
Amendment 477 #
2022/0396(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) Taking into account that economic operators within island Member States suffer disproportionate additional costs when transporting their products outside of their own Member State; including when products are being transported to other sites of the same economic operator in another Member State, or to partner or linked sites based in another Member State; the obligation to use only reusable transport packaging shall not apply when transporting products from island Member States due to their insularity. The environmental footprint created through the implementaton of such an obligation in an island Member State should also be taken into account.
Amendment 1417 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, such as double walls, false bottoms, and layers which are not necessary to comply with any of the performance criteria set out in Annex IV, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin protected under Union legislation.
Amendment 1823 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) from 1 January 2040, 850 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 1853 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) from 1 January 2040, 430 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 2060 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2 a (new)
Article 26 – paragraph 12 – subparagraph 2 a (new)
This obligation shall not apply to an economic operator when transporting products from an island member state.
Amendment 55 #
2022/0345(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In 2019, the Commission performed an evaluation of Council Directive 91/271/EEC under the Regulatory Fitness and Performance Programme38(the ‘evaluation’). It became apparent from that exercise that certain provisions of the Directive needed to be updated. Three important sources of remaining load of pollution from urban wastewater that could be avoided were identified, namely storm water overflows and urban runoff, potentially mal- functioning individual systems (i.e. systems treating domestic wastewater that is not entering collecting systems) and small agglomerations that are currently not completely covered by Directive 91/271/EEC. Those three sources of pollution constitute a significant pressure on surface water bodies in the Union. Moreover, the report of the evaluation also highlighted the need to improve the transparency and governance of the urban wastewater activities, to seize the opportunity offered by the urban wastewater treatment sector to use its potential for renewable energy development and make tangible steps towards energy neutrality as a contribution to climate neutrality and to harmonise urban wastewater surveillance of health parameters, such as the COVID-19 virus and its variants, as a support for public health action. The wastewater sector is one of the four main sectors responsible for methane emissions, next to agriculture, energy and waste.Therefore the Commission should propose by 2025 in line with the Methane Pledge of COP26 a roadmap on reducing methane emissions by 2030.The wastewater sector should be climate neutral by 2050 at the latest, in line with the UN Race to Zero campaign and the European Climate Law. _________________ 38 Commission Staff Working Document, Executive Summary of the Evaluation of the Council Directive 91/271/EEC of 21 May 1991, concerning urban waste-water treatment (SWD(2019) 701 final).
Amendment 93 #
2022/0345(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) It is of great importance that the Commission takes the enormous difficulties and challenges for wastewater treatment into account, such as in the revision of Regulation EC/1907/2006 on the Registration, Evaluation and Authorisation of Chemicals (the ‘REACH Regulation’) regarding the phase out of per- and polyfluoroalkyl substances (PFAS). In its communication of 14 October 2020 entitled "Chemical Strategy for Sustainability Towards a Toxic-Free Environment", the Commission pointed out that PFAS require special attention, considering the large number of cases of contamination of soil and water - including drinking water - in the Union and globally, the number of people affected with a full spectrum of illnesses and the related societal and economic costs, and it set the objective to phase out PFAS in the Union, unless it is proven essential for society.
Amendment 119 #
2022/0345(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Micro and nanoplastic pollution is often caused by dyeing and washing processes of synthetic textiles as synthetic microfibers are released into wastewater. Most micro-plastics from textiles are released during the first five to ten washes, which only solidifies the link between fast fashion and micro-plastic pollution. Measures are needed to reduce the amount of micro-plastics released during industrial wet processing and washing and drying by industry and consumers.
Amendment 132 #
2022/0345(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Exonerations from the extended producer responsibility obligations should nevertheless be possible where products are placed on the market in small quantities, i.e. less than 21 tonnes of products, since the additional administrative burden for the producer would in such cases be disproportionate compared to the environmental benefits. Exonerations should also be possible when the producer can demonstrate that no micro-pollutants are generated at the end of life of a product. It might be the case for instance where it can be proven that the residues from a product are rapidly biodegradable in the wastewaters and the environment or not reaching the urban wastewater treatment plants. The Commission should be empowered to adopt implementing acts to establish detailed criteria to identify the products placed on the market that do not generate micro-pollutants in wastewaters at the end of their life. When developing these criteria, the Commission should take into account scientific or other available technical information, including relevant international standards.
Amendment 159 #
2022/0345(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to ensure the protection of the environment and human healtealth in line with the One Health approach, Member States should ensure that the collecting system and urban wastewater treatment plants built to comply with the requirements of this Directive are designed, constructed, operated, and maintained to ensure sufficient performance under all normal local climatic conditions.
Amendment 171 #
2022/0345(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to ensure the protection of the environment, direct discharges of biodegradable non-domestic wastewater into the environment from certain industrial sectors should be subject to prior authorisation on national level and appropriate requirements. Those requirements should ensure that direct discharges from certain industrial sectors are subject to secondary, tertiary and quaternary treatment as necessary for the protection of human healtealth in line with the One Health approach and the environment.
Amendment 177 #
2022/0345(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) This Directive acknowledges the 'One Health' approach as recognised by the World Health Organization, an integrated and unifying approach that aims to sustainably balance and optimise the health of people, animals and ecosystems. The 'One Health' approach recognises that the health of humans, domestic and wild animals, plants, and the wider environment, including ecosystems, are closely interlinked and interdependent. It is therefore appropriate to lay down that wastewater treatment should encompass avoiding adverse health effects including epidemics, and to respect the right to a clean, healthy and sustainable environment. In respect to the G7 commitment to acknowledge the rapid rise in Antimicrobial Resistance (AMR) at the global scale, it is necessary to promote the prudent and responsible use of antibiotics in human and veterinary medicines.
Amendment 183 #
2022/0345(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In order to protect the environment and human healtealth in line with the One Health approach, Member States should identify the risks caused by urban wastewaters management. On the basis of that identification, and where necessary to comply with the requirements of the Union water legislation, Member States should take more stringent measures for the urban wastewater collection and treatment than the measures required to comply with the minimum requirements set out in this Directive. Depending on the situation, those more stringent measures can include, inter alia, the establishment of collecting systems, the development of integrated urban wastewater management plans or the application of secondary, tertiary or quaternary treatment to urban wastewater for agglomerations or urban wastewater treatment plants that do not reach the p.e. thresholds triggering the application of the standard requirements. They can also include more advanced treatment than the treatment necessary to respect the minimum requirements or disinfection of treated urban wastewaters necessary to comply with Directive 2006/7/EC of the European Parliament and of the Council55. _________________ 55 Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ L 64, 4.3.2006, p. 37).
Amendment 189 #
2022/0345(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Sustainable Development Goal 6 and the associated target requiring Member States to ‘achieve access to adequate and equitable sanitation and hygiene for all and end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations’ by 2030.56Furthermore, Principle 20 of the European Pillar of Social Rights57states that everyone has the right to access essential services of good quality, including water and sanitation. Against that background, and in accordance with the recommendations in the WHO Guidelines for Sanitation and Health58and the provisions of the Protocol on Water and Health59Member States should tackle the issue of access to sanitation at national level. That should be done through actions aimed at improvensuringaccess to sanitation for all, for example by setting up sanitation facilities in public spaces, as well as by encouraging the availability of appropriate sanitation facilities in public administrations and public buildings free of charge and\or making them affordable to all. Sanitation facilities should allow the safe management and disposal of human urine, faeces and menstrual blood. They should be safely managed, which implies that they should be accessible to all at all times, including for people with particular needs, such as children, older persons, persons with disabilities and homeless people, that they should be placed in a location that ensures minimal risk to the safety of users, and that they should be hygienically and technically safe to use. Such facilities should also be sufficient in number to ensure that the needs of people are met and waiting times are not unreasonably long. _________________ 56 Resolution adopted by the United Nations General Assembly on 25 September 2015 (A/70/L.1) 57 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Establishing a European Pillar of Social Rights (COM/2017/0250 final). 58 WHO Guidelines on Sanitation and Health, 2018. 59 Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes, 17 June 1999.
Amendment 221 #
2022/0345(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) It is important to ensure that the Directives provides for better quality of water while not jeopardising the accessibility, availability and affordability of essential products
Amendment 222 #
2022/0345(COD)
Proposal for a directive
Recital 37 c (new)
Recital 37 c (new)
(37c) The Member states can envisage additional reimbursement of the difference of costs caused by this Directive for the purpose of support of essential medicines for keeping them available on the market and accessible for citizens.
Amendment 223 #
2022/0345(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Pursuant to the Interinstitutional Agreement on Better Law-Making68, the Commission should carry out an evaluation of this Directive within a certain period of time from the date set for its transposition. That evaluation should be based on experience gained and data collected during the implementation of this Directive, on any available WHO recommendations, and on relevant scientific, analytical, and epidemiological data. In the evaluation, particular attention should be given to the possible necessity to adapt of the list of products to be covered by extended producer responsibility according to the evolution of the range of products placed on the market, the improvement of knowledge on the presence of micro-pollutants in the wastewaters and their impacts on public health and the environment, and data from the new monitoring obligations on micro- pollutants in the inlets and outlets of the urban wastewater treatment plants. In taking the relevant measures at Union and national level to achieve the zero pollution objective for water pollution, Member States, the European Parliament, the Council and the Commission should be guided by the ‘precautionary principle’ and the ‘polluter pays principle’ established in the Treaty on the Functioning of the European Union, and the ‘do no harm’ principle of the European Green Deal. _________________ 68 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1–14).
Amendment 238 #
2022/0345(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the collection, treatment, and discharge of urban wastewater , to protect the environment and human healtealth in line with the One Health approach while progressively eliminating greenhouse gas emissions and improving the energy balance of urban wastewater collection and treatment activities. It also lays down rules for the implementation of the extended producer responsibility on access to sanitation, on transparency of the urban wastewater sector and on the regular surveillance of public health relevant parameters in urban wastewaters . .
Amendment 262 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘urban runoff’ means rainwater, snow or meltwater from agglomerations collected by combined or separate sewers or by mechanical means;
Amendment 325 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19a) ‘polluter pays principle’ means a principle according to which polluters should bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society;
Amendment 339 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21 a (new)
Article 2 – paragraph 1 – point 21 a (new)
(21a) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals, plants and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;
Amendment 340 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘public concerned’ means the public affected or likely to be affected by, or having an interest in, the decision- making procedures for the implementation of the obligations laid down in this Directive, including non-governmental organisations promoting the protection of human healtealth in line with the One Health approach or the environment;
Amendment 371 #
2022/0345(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. By 31 December 2030, Member States shall ensure that all agglomerations with a p.e. of between 1 000 and 2 000 comply with the following requirements with compliance rate of at least 80%:
Amendment 385 #
2022/0345(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. By way of derogation from Article 3, where exceptionally the establishment of a collecting system or connection to a collecting system is not justified either because it would produce no environmental benefit or because it would involve excessive cost, Member States shall ensure that individual systems for the treatment of urban wastewaters (‘individual systems’) or other appropriate systems which achieve the same level of environmental protection are used.
Amendment 423 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) storm water overflow or urban runoff poses a risk to the environment or human healtealth in line with the One Health approach;
Amendment 460 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. Member States shall ensure to increase green space in urban areas in line with the EU platform for urban greening [and Article 6 on Restoration of urban ecosystems in the Regulation on nature restoration] in order to reduce storm water overflows based on natural solutions.
Amendment 466 #
2022/0345(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For agglomerations of between 1 000 p.e. and 2 000 p.e., Member States shall ensure that urban wastewater entering collecting systems is subject to secondary treatment in accordance with paragraph 3 or an equivalent treatment before discharge by 31 December 2030 with the level of accepted compliance not lower that 80%.
Amendment 594 #
2022/0345(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
On 31 December 2030, Member States shall have established a list a list of areas on their national territory where the concentration or the accumulation of micro-pollutants and micro-plastics represents a risk for human healtealth in line with the One Health approach or the environment. Member States shall review that list every five years thereafter and update it if necessary.
Amendment 604 #
2022/0345(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – introductory part
Article 8 – paragraph 2 – subparagraph 2 – introductory part
The list referred to in the first subparagraph shall include the following areas, unless the absence of risk for human healtealth in line with the One Health approach or the environment in those areas can be demonstrated based on a risk assessment:
Amendment 690 #
2022/0345(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 a (new)
Article 9 – paragraph 1 – subparagraph 2 a (new)
Based on the results of the monitoring required under Article 21(4), the Commission shall review every four years the list of products set out in Annex III. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to extend the list of products of Annex III.
Amendment 767 #
2022/0345(COD)
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2 – point a – point ii
Article 9 – paragraph 4 – subparagraph 2 – point a – point ii
(ii) information on the hazardousness of the products referred to in point (i) in the wastewaters and their biodegradability at the end of their life;
Amendment 800 #
2022/0345(COD)
Proposal for a directive
Article 9 – paragraph 5 – point c a (new)
Article 9 – paragraph 5 – point c a (new)
(ca) the financial contribution of the producers is earmarked for the costs mentioned in paragraph 1 and the treatment plant operators can access the funds according to their investment cycles and needs.
Amendment 924 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Member States shall ensure that the energy audits as referred to in paragraph (1) of this Article are accompanied by an action plan laying down a set of measures on reducing energy consumption using best available technologies and practices in a cost- effective way, and providing for an independent review of this action plan every four years.
Amendment 926 #
2022/0345(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article11a Climate neutrality of urban wastewater treatment plants and Union methane emission reduction target 1. Member States shall ensure that urban wastewater treatment plants achieve climate neutrality at operator level by 2050 at the latest in line with the overall objective of the European Climate Law and as part of the UN Race To Zero campaign. 2. In accordance with the long-term temperature goal set out in point (a) of Article 2(1) of the Paris agreement, with the target of net zero greenhouse gas emissions by 2050 at the latest set out in Article 2(1) of Regulation (EU) 2021/1119 (‘European Climate Law’) and with the Global Methane Pledge goal of cutting global anthropogenic methane emissions by at least 30% by 2030 from 2020 levels, the Commission shall propose by 31 December 2025 and based on an impact assessment, a 2030 Union binding methane emission reduction target covering all relevant emitting sectors including energy, agriculture, waste and wastewater. 3. In accordance with paragraph 2, Member States shall collectively ensure that methane emissions from the energy sector in the Union are reduced by 2030 to a level that will capture the social benefits of methane mitigation at less than their costs. 4. Each Member State shall set national methane emissions reduction targets as referred to in paragraph 3 as part of their integrated national energy and climate plans in accordance with Articles 3 to 5 and 9 to 14 of Regulation (EU) 2018/1999. If, on the basis of the assessment of the first update of the integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999, the Commission concludes that the national contributions of the Member States are insufficient for the collective achievement of the Union target, it shall propose measures and exercise its powers at Union level in order to ensure the collective achievement of the target referred to in paragraph 3.
Amendment 984 #
2022/0345(COD)
Proposal for a directive
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) any other public health parameters that are considered relevant by the European Centre for Disease Prevention and Control (ECDC) or the competent authorities of the Member States for monitoring.
Amendment 1009 #
2022/0345(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. By [OP please insert the date = the last day of the second year after the date of entry in force of this Directive], Member States shall identify the risks caused by urban wastewater discharges to the environment and human healtealth in line with the One health approach and at least those related to the following:
Amendment 1062 #
2022/0345(COD)
Proposal for a directive
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) identify categories of people including Roma people and homeless persons, without access, or with limited access, to sanitation facilities, including vulnerable and marginalised groups, and provide reasons for such lack of access;
Amendment 1072 #
2022/0345(COD)
Proposal for a directive
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) for all agglomerations of 10 000 p.e. and above, encouragfinalise the establishment of a sufficient number of sanitation facilities in public spaces by 1 January 2030, which are freely and, in particular for women, safely accessible.
Amendment 1127 #
2022/0345(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b a (new)
Article 21 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) Per- and polyfluoroalkyl substances (PFAS) and chlorothalonil
Amendment 1138 #
2022/0345(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 4 a (new)
Article 21 – paragraph 3 – subparagraph 4 a (new)
The Commission shall envisage in the next Multiannual Financial Framework resources for the Water treatment transition fund that will be available for all Member States to enable equally good level of water as a strategic sector in the EU, if assessment shows that some Member States or regions are not able to reach the targets without EU support.
Amendment 1141 #
2022/0345(COD)
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
Amendment 1161 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point i
Article 22 – paragraph 1 – point i
(i) by 31 December 2030, set up a data set containing the list of areas identified as areas where the concentration or the accumulation of micro-pollutant represents a risk for human healtealth in line with the One Health approach or the environment in accordance with Article 8(2) and update that data set every 5 years thereafter;
Amendment 1190 #
2022/0345(COD)
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. The Member States shall establish national educational programs on the harmfulness of micro-plastics and micro- pollutants and a proper way of tackling this pollution at source.
Amendment 1230 #
2022/0345(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall determine what what stage the decisions, acts or omissions referred to in paragraph 1 may be challengedconstitutes a sufficient interest and impairment of a right, consistent with the objective of giving the public concerned wide access to justice. To that end, nongovernmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed as having a sufficient interest or having rights capable of being impaired for the purpose of paragraph 1 of this Article.
Amendment 1233 #
2022/0345(COD)
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. This Article shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law.
Amendment 1241 #
2022/0345(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that, where damage to human healtealth in line with the One Health approach has occurred as a result of a violation of national measures that were adopted pursuant to this Directive, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the violation.
Amendment 1245 #
2022/0345(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that, as part of the public concerned, non- governmental organisations promoting the protection of human healtealth in line with the One Health approach or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph.
Amendment 1263 #
2022/0345(COD)
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human healtealth in line with the One Health approach and the environment.
Amendment 1274 #
2022/0345(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1 – point e
Article 30 – paragraph 1 – subparagraph 1 – point e
(e) an analyse of the possible need to adapt the list of products to be covered by extended producer responsibility, in particular per- and polyfluoroalkyl substances (PFAS) to the evolution of the range of products placed on the market, improved knowledge on the presence of micro-pollutants in wastewaters and their impacts on public health and the environment, and data resulting from the new monitoring obligations on micro- pollutants in the inlets and outlets of the urban wastewater treatment plants.
Amendment 1307 #
2022/0345(COD)
Proposal for a directive
Annex I – Part D – paragraph 8
Annex I – Part D – paragraph 8
Note 2: The percentage of removal shall be calculated on dry weather flow for at least six substances. The number of substances in category 1 shall be twice the number of substances in category 2. If less than six substances can be measured in sufficient concentration, the competent authority shall designate other substances to calculate the minimum percentage of removal when it is necessary. The average of the percentages of removal of all substances used in the calculation shall be used in order to assess whether the required 80 % minimum percentage of removal has been reached.
Amendment 1334 #
2022/0345(COD)
Proposal for a directive
Annex III – point 2 a (new)
Annex III – point 2 a (new)
2a. Products which includes per- and polyfluoroalkyl substances (PFAS).
Amendment 1335 #
2022/0345(COD)
Proposal for a directive
Annex III – point 2 b (new)
Annex III – point 2 b (new)
2b. Member States can add other sectors such as pesticides, households products, plastic additives etc. based on the evidence of presence of the micro- pollutants produced by this sector a) in the water after passing through the third level treatment, b) in the sludge, c) permanently in the system (micro- pollutants that "never leave the waste water treatment system") in order to reflect national specificities.
Amendment 292 #
2022/0216(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and in particular human dignity, the prohibition of making the human body and its parts a source of economic gain, the integrity of the person, the protection of personal data, the freedom of art and science and to conduct business, non-discrimination, the right to health protection and access to health care, and the rights of the child. To achieve these aims, all supervisory and SoHO activities should always be carried out in a manner that fully respects those rights and principles. The right for dignity and integrity of donors, recipients and of offspring born from medically assisted reproduction should always be taken into account, amongst others, by ensuring that consent for donation is freely given and donors or their representatives are informed with regards to the intended use of the donated material, that donor eligibility criteria are based on scientific evidence, that the use of SoHOs in humans is not promoted for commercial purposes or with false or misleading information regarding efficacy so that the donors and recipients can make well-informed and deliberate choices, that activities are conducted in a transparent manner that prioritises the safety of donors and recipients, and that allocation and equitable and non-discriminatory access to SoHOs are defined in a transparent manner, on the basis of an objective evaluation of medical needs. This Regulation should therefore be applied accordingly.
Amendment 607 #
2022/0216(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point a a (new)
Article 53 – paragraph 1 – point a a (new)
(a a) ensure that donors are not discriminated on grounds not specified in the technical guidelines listed in Article 56, based on scientific evidence, and intended to avoid potential risks to the health of SoHO recipients or donors;
Amendment 679 #
2022/0216(COD)
Proposal for a regulation
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
SoHO entities shall ensure that recipients are not discriminated on grounds not specified in the technical guidelines listed in Article 56, based on scientific evidence and intended to avoid potential risks to the health of donors or recipients;
Amendment 329 #
2022/0155(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Given the severity of these crimes and the long-lasting negative consequences on the victims and the risk of revictimization as a result of the dissemination of known material, new material, as well as activities constituting the solicitation of children, it is essential that this Regulation provides specific obligations for providers of hosting services and providers of interpersonal communication services to prevent, detect, report, remove child sexual abuse material in all their services, including interpersonal communication services, which may also be covered by end-to-end encryption, in light of the prevalence of dissemination of child sexual abuse material, including the solicitation of children, in interpersonal communication services.
Amendment 385 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Nothing in this Regulation should therefore be interpreted as prohibiting end-to-end encryption or making it impossible. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users, while ensuring the effective detection of online child sexual abuse and the balance of all the fundamental rights at stake.
Amendment 401 #
2022/0155(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) To the extent strictly necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, it should be possible for the Coordinating Authority of establishment to authorise providers to process metadata.
Amendment 574 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) "adult" means any natural person above the age of 18 years;
Amendment 583 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j a (new)
Article 2 – paragraph 1 – point j a (new)
(ja) "adult user" means a natural person who uses a relevant information society service and who is a natural person above the age of 18 years;
Amendment 694 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. When providers of hosting services and providers of interpersonal communication services put forward age assurance or age verification system as a mitigation measure, they shell meet the following criteria: a) Protect the privacy of users and do not disclose data gathered for the purposes of age assurance for any other purpose; b) Do not collect data that is not necessary for the purpose of age assurance; c) Be proportionate to the risks associated to the product or service that presents a risk of misuse for child sexual abuse; d) Provide appropriate remedies and redress mechanisms for users whose age is wrongly identified.
Amendment 742 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) Designing educational and awarness-raising campaigns aimed at informing and alerting users about the risks of online child sexual abuse, including child-appropriate information;
Amendment 769 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) processing metadata, in accordance with Article 4a
Amendment 776 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Providers of hosting services and providers of interpersonal communications services shall continue the voluntary use of specific technologies, as mitigation measures, for the processing of personal and other data to the extent strictly necessary to detect, report and remove online sexual abuse on their services and to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment conducted or updated in accordance with Article 3 and prior authorization from the Coordinating Authority;
Amendment 780 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. The Coordinating Authority shall decide whether to proceed according to paragraph 1a no later than three months from the provider´s request.
Amendment 805 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify childdifferenciate between child and adult users on their services, enabling them to take the mitigation measures. Age assurances or age verification systems as mitigation measures shall be implemented only if they meet the criteria set in Article 3, paragraph 2a of this Regulation.
Amendment 826 #
2022/0155(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article4a Legal basis for the risk mitigation through metadata processing 1. On the basis of the risk assessment submitted and, where applicable, further information, the Coordinating Authority of establishment shall have the power to authorise or require a provider of hosting services or a provider of interpersonal communications services to process metadata to the extent strictly necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, as a mitigation measure in accordance with Article 4. When assessing whether to request the processing of metadata, the Coordinating Authority shall take into account any interference with the rights to privacy and data protection of the users of the service that such a processing entails and determine whether, in that case, the processing of metadata would be effective in mitigating the risk of use of the service for the purpose of child sexual abuse, and that it is strictly necessary and proportionate. 2. If they process metadata as a risk mitigation measure, providers shall inform their users of such processing in their terms and conditions, including information on the possibility to submit complaints to the competent DPA concerning the relevant processing, in accordance with Regulation (EU) 2016/679, and on the avenues for judicial redress.
Amendment 928 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a
Article 7 – paragraph 3 – subparagraph 2 – point a
(a) draft an implementation plan setting out the measures it envisages taking to execute the intended detection order, including detailed information regarding the envisaged technologies and safeguards; the implementation plan shall explicitly set out the specific measures that the provider intends to take to counter act potential security risk that might be linked to the execution of the detection order on its services. The provider may consult the EU Centre, and in particular its Technology Committee, to obtain support in identifying appropriate measures in this respect;
Amendment 1025 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2
Article 7 – paragraph 8 – subparagraph 2
To that aim, they shall take into account all relevant parameters, including: (i) the availability of sufficiently reliable detection technologies in that they can be deployed without undermining the security of the service in question and they limit to the maximum extent possible the rate of errors regarding the detection and; (ii) their suitability and effectiveness of the available technologies for achieving the objectives of this Regulation, as well as; (iii) the impact of the measures on the rights of the users affected, and require the taking ofthereby ensuring that detection orders are only requested and issued when sufficiently reliable technologies in accordance with point (i) are available and that the least intrusive measures are chosen, in accordance with Article 10, from among several equally effective measures.
Amendment 1031 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point a
Article 7 – paragraph 8 – subparagraph 3 – point a
(a) where the information gathered in the risk assessment process indicates that risk is limited to an identifiable part or component of a service, where possible without prejudice to the effectiveness of the measure, the required measures are only applied in respect of that part or component;
Amendment 1049 #
2022/0155(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article7a Safeguards on encrypted services For the scope of this Regulation and for the the sole purpose to prevent and combat child sexual abuse, providers of interpersonal communications services shall be subjected to obligations to prevent, detect, report and remove online child sexual abuse on all their services, which may include as well those covered by end-to-end encyption, when there is a significant risk that their specific service is misused for online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment established in Article 3 of this Regulation. The technologies deployed to execute the detection order pursuant to Article 7 of this Regulation shall never prohibit encryption or make it impossible and shall only be deployed after a prior authorization by the Coordinating Authority, in consultation with the competent data protection authority, and be subjected to constant monitoring and auditing by the competent data protection authority to verify their compliance with Union law.
Amendment 1136 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order and, where needed, of adopting the security measures imposed by Article 7(3)(a). The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies.
Amendment 1161 #
2022/0155(COD)
(da) not able to prohibit or make end- to-end encryption impossible.
Amendment 1594 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 a (new)
Article 43 – paragraph 1 – point 6 a (new)
(6a) support Member States in designing preventive measures, such as awarness-raising campaigns to combat child sexual abuse, with a specific focus on girls and other prevalent demographics, including by: a) acting on behalf of victims in liaising with other relevant authorities of the Member States for reparations and all other victim support programmes; b) referring victims to the appropriate child protection services, and to pro bono legal support services.
Amendment 1618 #
2022/0155(COD)
Proposal for a regulation
Article 44 – paragraph 4 a (new)
Article 44 – paragraph 4 a (new)
4a. The EU Centre shall ensure through all technical means available that the database of indicators is secure and cannot be alterated by providers, users and any other actor at the moment of its deployment for the purpose of detection.
Amendment 1697 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The EU Centre shall make available: (i) technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). (ii) technologies that providers of end-to- end encrypted electronic communication services may acquire, install and operate, free of charge, where relevant subject to reasonable licencing conditions, to adopt the security measures imposed on them by Article 7(3)(a).
Amendment 35 #
2022/0117(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Article 10(3) of the Treaty on European Union states that every Union citizen has the right to participate in the democratic life of the Union. The Charter of Fundamental Rights of the European Union (the ‘Charter’) provides, inter alia, for the rights to respect for private and family life (Article 7), the protection of personal data (Article 8), freedom of expression and information, which includes respect for the freedom and pluralism of the media (Article 11), freedom of assembly and of association (Article 12), freedom of the arts and sciences (Article 13), and to an effective remedy and to a fair trial (Article 47).
Amendment 50 #
2022/0117(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The purpose of this Directive is to provide protection to natural and legal persons who engageing in public participation on matters of public interest, in particular journalists, media organizations, and human rights defenders, against court proceedingincluding civil society, non-governmental organisations and trade unions, as well as researchers, academics or artists and whistleblowers, against lawsuits, which are initiated against them, as well as the threats thereof, to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘SLAPPs’).
Amendment 57 #
2022/0117(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Investigative journalists and media organisations in particular play a key role in combating organised crime, corruption and extremism. Their work carries particularly high risks and they are experiencing a growing number of attacks and harassment. A robust system of safeguards is needed to enable them to fulfil their crucial role as watchdogs on matters of legitimate public interest.
Amendment 70 #
2022/0117(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Other participants in public debate, such as academics and researchers as well as individual persons, such as artists and whistleblower, also deserve adequate protection, since they are also targeted by SLAPPs.
Amendment 77 #
2022/0117(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To foster this environment, it is important to protect journalists and human rights defenders from court proceedingnatural and legal persons engaging in public participation from lawsuits against public participation. Such court proceedings are not initiated for the purpose of access to justice, but to silence public debate typically using harassment and intimidation.
Amendment 87 #
2022/0117(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Those targeted by court proceedinglawsuits against public participation may face multiple cases simultaneously, sometimes initiated in several jurisdictions. Proceedings initiated in the jurisdiction of one Member State against a person resident in another Member State are usually more complex and costly for the defendant. Claimants in court proceedinglawsuits against public participation may also use procedural tools to drive up the length and cost of the litigation, and bring cases in a jurisdiction they perceive to be favourable for their case, rather than to the court best placed to hear the claim. Such practices also place unnecessary and harmful burdens on national court systems and lead to a misuse of their resources.
Amendment 96 #
2022/0117(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Public participation should mean any statement or activity by a natural or legal person expressed or carried out in exercise of the right to freedom of expression and information on a matter of current or future public interest, such as the creation, exhibition, advertisement or other promotion of journalistic, political, scientific, academic, artistic, commentary or satirical communications, publications or works, and any preparatory activities directly linked thereto. ItFuture public interest refers to the fact that a matter may not yet be of public interest, but may become so once the public becomes aware of it for example through a publication or individual complaint. Public participation can also include activities related to the exercise of the right to academic freedom, freedom of association and peaceful assembly, such as the organisation of or participation to lobbying activities, demonstrations and protests or activities resulting from the exercise of the right to good administration and the right to an effective remedy, such as the filing of complaints, petitions, administrative and judicial claims and participation in public hearings. Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question and that are targeted to stifle public participation. In addition, it can cover other activities meant to inform or influence public opinion or to further action by the public, including activities by any private or public entity in relation to an issue of public interest, such as the organisation of or participation to research, surveys, campaigns or any other collective actions.
Amendment 100 #
2022/0117(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question. Such activities should directly concern a specific act of public participation or be based on a contractual link between the actual target of SLAPP and the person providing the preparatory, supporting or assisting activity. Bringing claims not against a journalist or a human rights defender, but against the media organization, e.g. internet platform on which they publish their work or against the company printing a text or a shop selling the text, can be an effective way of silencing public participation, as without such services opinions cannot be published and thus cannot influence public debate.
Amendment 104 #
2022/0117(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The notion of a matter of public interest should include also quality, safety or other relevant aspects of goods, products or services, including the conditions under which these are produced, where such matters are relevant to public health, safety, the environment, climate or enjoyment of fundamental rights. A purely individual dispute between a consumer and a manufacturer or a service provider concerning a good, product or service should be covered only when the matter contains an element of public interest, for instance concerning a product or service which fails to comply with environmental or safety standards, labour rights, consumer rights or human rights, including the principle of non- discrimination.
Amendment 108 #
2022/0117(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Abusive court proceedings typically involve litigation tactics used in bad faith such as delaying proceedings, causing disproportionate costs to the defendant in the proceedings or forum shoppinglawsuits are characterized by their main purpose to prevent, restrict or penalize public participation or aim to achieve a chilling effect on public participation in the matter at stake; they thus constitute an abuse of substantive or procedural laws. It is a general principle of law, which rights may not be exercised in an abusive way; established i.e. in Article 54 Charter and Article 17 ECHR. The abusive nature of a lawsuit is to be deducted from a totality of the circumstance of the lawsuit. Abusive lawsuits typically involve litigation tactics such as exaggerated or excessive claims, requesting obviously disproportionate prior restraint measures, delaying proceedings, initiating multiple proceedings on similar matters, causing disproportionate costs to the defendant in the proceedings or forum shopping. The extent to which a lawsuit is manifestly unfounded is another indicator for its abusiveness. The past conduct of the claimant and, in particular, any history of legal intimidation should also be considered when determining whether the lawsuits are abusive in nature. A previous early dismissal of a similar claim as abusive should be a prima facie indictor for abusiveness. These tactics are used by the claimant for other purposes than gaining access to justice. Such tactics are often, although not always, combined with various forms of intimidation, harassment or threats.
Amendment 114 #
2022/0117(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Lawsuits under this Directive entail all proceedings before a court or tribunal in civil matters, including injunctions.
Amendment 118 #
2022/0117(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Defendants should be able to apply for the following procedural safeguards: a request for a security to cover procedural costs, or procedural costs and damages, a request for an early dismissal of manifestly unfounded court proceedingabusive lawsuits, a request for remedies against abusive court proceedinglawsuits (award of costs, compensation of damages and penalties), or all of them at the same time.
Amendment 121 #
2022/0117(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Proceedings against public participation exposes those targeted to high financial and psychological harm, while confronting them with the need to establish often hard to prove facts like the abusive nature of a lawsuit. In such situation, the defendants should have the right to avail himself of all support necessary to alleviate his burden and make his case. This includes, but is not limited to, the support and providing of information. The defendant should have the right to seek such support from any natural or legal person with a legitimate interest or expertise in safeguarding or promoting the rights of persons engaging in public participation. This encompasses i.e. journalists and academics as well as non-governmental organisations, professional and representative associations, trade unions and other collective bodies acting in the interest of the defendant or with particular knowledge of the claimant, particularly his engagement against public participation.
Amendment 142 #
2022/0117(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) This directive is not intended to solve all SLAPPs being deployed against persons engaging in public participation. Particular focus should be drawn in the future to the abuse of the criminal law system as well as the administrative law system. In particular, the offence of defamation posed particular dangers of being misused as basis for SLAPPs. The Commission and Member States should work on solutions to address these dangers.
Amendment 151 #
2022/0117(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive provides safeguards against manifestly unfounded or abusive court proceedingabusive lawsuits in civil matters with cross- border implications brought against natural and legal persons, in particular journalists and human rights defenders, on account of their engagement in public participation.
Amendment 157 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘public participation’ means any statement or activity by a natural or legal person expressed or carried out in the exercise of the right to freedom of expression and information, academic freedom, freedom of the press, freedom of association and assembly, the right of collective bargaining and action on a matter of public interest, and. It includes any preparatory, supporting or assisting action directly linked thereto. Thi, in particular the work of media organizations. Covered activities includes complaints, petitions, administrative or judicial claims and participation in public hearings;
Amendment 162 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
(a) fundamental and human rights, public health, safety, the environment, or the climate or enjoyment of fundamental rights;
Amendment 165 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point c
Article 3 – paragraph 1 – point 2 – point c
(c) matters under public consideration or reviewunder consideration by a legislative, executive, or judicial body, or any other public official proceedings as well as actions or inactions by government bodies;
Amendment 168 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d
Article 3 – paragraph 1 – point 2 – point d
(d) allegations of corruption, fraud or criminalityembezzlement as well as sexual harassment and gender based violence or any other criminal or administrative offence;
Amendment 179 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part
Article 3 – paragraph 1 – point 3 – introductory part
3. ‘abusive court proceedinglawsuits against public participation’ mean court proceedings brought in relation to public participation that are fully or partially unfounded and have as their main purpose to prevent, restrict or penalize public participation. Indications of such a purpose can be:
Amendment 183 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b
Article 3 – paragraph 1 – point 3 – point b
(b) the existence of multiple ongoing or previous proceedings initiated by the claimant or associated parties in relation to similar mattersmatters of public participation;
Amendment 185 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
(c) intimidation, harassment or threats on the part of the claimant or his or her representatives.;
Amendment 186 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
Article 3 – paragraph 1 – point 3 – point c a (new)
(ca) the use of litigation tactics that inflict unreasonable costs on the defendant, including by the choice of jurisdiction or deployment of dilatory motions;
Amendment 192 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)
Article 3 – paragraph 1 – point 3 – point c b (new)
(cb) a previous early dismissal of a similar claim as abusive.
Amendment 196 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that when court proceedinglawsuits are brought against natural or legal persons on account of their engagement in public participation, those persons can apply for:
Amendment 199 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) early dismissal of manifestly unfounded court proceedingsuch lawsuits in accordance with Chapter III;
Amendment 200 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) remedies against abusive court proceedingsuch lawsuits in accordance with Chapter IV.
Amendment 206 #
2022/0117(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 209 #
2022/0117(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that non- governmental organisationsthe person engaged in public participation has the right to have, subject to her or his approval, any natural or legal person with a legitimate interest or expertise in safeguarding or promoting the rights of persons engaging in public participation may take part in thoseany proceedings, either in support of the defendant covered under this directive, either in support of the person engaged in public participation or to provide information.
Amendment 217 #
2022/0117(COD)
Proposal for a directive
Chapter III – title
Chapter III – title
Amendment 219 #
2022/0117(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall empower courts and tribunals to adopt an early decision to dismiss, in full or in part, court proceedinglawsuits against public participation as manifestly unfoundedabusive as defined in Article 3 para. 3.
Amendment 231 #
2022/0117(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that where a defendant has applied for early dismissal, it shall be for the claimant to prove that the claimwsuit is not manifestly unfoundedabusive.
Amendment 245 #
2022/0117(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall provide the Commission with all relevant information regarding the application of this Directive by [53 years from the date of transposition] and thereafter on an annual basis. On the basis of the information provided, the Commission shall by [64 years from the date of transposition] at the latest, submit to the European Parliament and the Council an annual report on the application of this Directive. The report shall provide an assessment of the evolution of abusive court proceedinglawsuits against public participation and the impact of this Directive in the Member States. If necessary, the report shall be accompanied by proposals to amend this Directive. Those reports shall be made public.
Amendment 37 #
2022/0084(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) With the purpose of adjusting to the new teleworking practices, the networks used for connecting to the Union institution’s or body’s remote access services should be protected by adequateffective security measures.
Amendment 38 #
2022/0084(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The substantive rules regarding access to EUCI in the internal rules of various Union institutions and bodies are currently aligned, but there are significant differences as regards denominations and required procedures. This creates a burden for the National Security Authorities of the Member States who need to adjust to different requirements. Thus it is necessary to provide for a common glossary and common procedures in the area of personnel security, thereby simplifying cooperation with the National Security Authorities of the Member States and limiting the risk of compromising EUCI, while respecting the Rules of Procedure of each institution and body.
Amendment 44 #
2022/0084(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point e a (new)
Article 6 – paragraph 2 – point e a (new)
(e a) ensure compliance of the Union bodies, institutions, offices and agencies with the provisions set out within the Regulation
Amendment 46 #
2022/0084(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6 a. The appointed members of the Coordination Group shall be adequately gender and geographically balanced.
Amendment 47 #
2022/0084(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Union institutions and bodies shall bring to the attention of the Coordination Group any significant information security policy development within their organisation, within a reasonable timeframe.
Amendment 48 #
2022/0084(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. TUnder exceptional circumstances, the responsibilities of one or more of the functions referred to in paragraph 3 may be delegated to another Union institution or body whenever decentralised delivery of security offers significant efficiency, resource or time savings.
Amendment 49 #
2022/0084(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Union institutions and bodies mayshall mark with ‘PUBLIC USE’ the information referred to in paragraph 1.
Amendment 50 #
2022/0084(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Union institutions and bodies shall establish streamlined procedures for the reporting and management of any incident or suspected incident that could lead to a compromise of the security of non- classified information.
Amendment 51 #
2022/0084(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Union institutions and bodies shallmust ensure that CISs meet the following minimum requirements when handling and storing sensitive non-classified information:
Amendment 56 #
2022/0084(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The security Authority of each Union institution and body shall approve the security measures for protecting EUCI throughout its life-cycle in accordance with the outcome of a risk assessment performed by the respective Union institution or body. The risk assessment shall have a common criteria to ensure all Union institutions and bodies have aligned security measures, while also considering the particularities relevant to each institution or body.
Amendment 57 #
2022/0084(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point a
Article 22 – paragraph 3 – point a
(a) inform the originator as soon as the compromise has been identified;
Amendment 58 #
2022/0084(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point e
Article 22 – paragraph 3 – point e
(e) notify the competent authorities about the actual or potential compromise and the action taken, without any undue delay.
Amendment 59 #
2022/0084(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. The Security Authority of a Union institution or body mayshall grant individuals access to EUCI where all the following conditions are met:
Amendment 62 #
2022/0084(COD)
Proposal for a regulation
Article 51 – paragraph 3 – subparagraph 2 a (new)
Article 51 – paragraph 3 – subparagraph 2 a (new)
Such agreements and arrangements shall be subject to an ongoing review and assessment procedure, factoring in developments in the security measures, as well as Union's relationship with these third countries, subject to the provisions laid out in Article 53.
Amendment 63 #
2022/0084(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The sub-group on EUCI sharing and exchange of classified information shall be composed of representatives from the Commission, the Council and the European External Action Service, ensuring gender and geographical balance, and shall work by consensus.
Amendment 64 #
2022/0084(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The sub-group on EUCI sharing and exchange of classified information shall carry out regular assessment visits in full cooperation with the officials of the Union institution or body being visited. It may seek assistance from the NSA on whose territory the Union institution or body is located.
Amendment 214 #
2022/0066(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Violence against women and domestic violence violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protection, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union., the UN Convention on the Rights of the Child and its General comment No. 25 in relation to the digital environment
Amendment 228 #
2022/0066(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or, the unsolicited receipt of sexually explicit material or revenge porn and sextortion . Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 239 #
2022/0066(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 263 #
2022/0066(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
Amendment 288 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so- called “corrective rape”, should be given particular attention.
Amendment 308 #
2022/0066(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishment for the victim's sexual orientation, gender identity, gender expression or sex characteristics (so- called "corrective rape"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
Amendment 321 #
2022/0066(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object, including when performed online by the victims themselves as a result of coercion such as cases of sextortion. The lack of consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape even where committed against a spouse or intimate partner.
Amendment 345 #
2022/0066(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 360 #
2022/0066(COD)
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders, as well as persons who are part of marginalised communities. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.
Amendment 390 #
2022/0066(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offlinOftentimes, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and youth can also be the target of violent cyber violence owing to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
Amendment 398 #
2022/0066(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Young people and children are increasingly connected at earlier age, and women and girls are at greater risk of encountering, being subjected to or targeted by cyber violence, involving new technologies. Gender-based violence can be perpetuated with greater ease and at greater scale online, using a range of online communications channels and tools, including social media, web content, discussion sites, dating websites, comment sections, and gaming chat rooms. The root causes of gender-based violence must be addressed. Common digital design features, either alone or in combination, can contribute to the replication of existing discriminatory practices and stereotypes, to the normalisation of gender-based violence, with a particular impact on norm creation in childhood.
Amendment 409 #
2022/0066(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence also when they are witness of violence, given the long-lasting detrimental consequences it has on children, and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality.
Amendment 430 #
2022/0066(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.
Amendment 504 #
2022/0066(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 537 #
2022/0066(COD)
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, and of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
Amendment 558 #
2022/0066(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 587 #
2022/0066(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, children, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender- based violence, should receive specific protection and support.
Amendment 603 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Special attention must be paid in awareness-raising campaignst to women andexperiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexualityinclusive sexuality and relationships education and socio- emotional competencies, empathy and developing healthy and respectful relationshipssuch as empathy.
Amendment 607 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education, in particular, through strengthening comprehensive and age- appropriate sexuality education and socio- emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 625 #
2022/0066(COD)
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60a) Member states should ensure the full implementation of the rights of the child in the digital environment, including their rights to a high level of safety, privacy and security by design and default, and ensure that providers and operators of digital products or services likely to be accessed by children take the necessary measures to prevent, mitigate or minimise risks of violence against women and girls and domestic violence.
Amendment 632 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 636 #
2022/0066(COD)
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61a) Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat violence against women and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to sexual harassment at the workplace.
Amendment 653 #
2022/0066(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 685 #
2022/0066(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex or gender and other grounds, as well as to victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
Amendment 800 #
2022/0066(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Intersex Genital Mutilation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: 1) Performing any surgical or medical procedure or hormonal treatment on the sex characteristics of a person with variations of sex characteristics, with the purpose or effect of altering such characteristics so that they align with those considered typically female or male: a. In the case the person referred to in point 1) has the capacity to provide consent to the procedure or treatment, if the person does not provide informed consent; b. In the case the person referred to in point 1) does not have the capacity to provide consent to the procedure or treatment, unless an urgent procedure or treatment is undertaken on reasonable grounds to save the person’s life or prevent serious damage to the person’s physical health. 2) Coercing a person with variations of sex characteristics to undergo any of the procedures or treatments referred to in point 1), or coercing the person holding parental responsibility to authorise any of the procedures referred to in point 1).
Amendment 912 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offences referred to in Articles 6 isand 6a are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 973 #
2022/0066(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 6 and 6a of at least 10 years from the time when the offence was committed.
Amendment 1042 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialised support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services.
Amendment 1070 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex or gender and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
Amendment 1084 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres and women’s shelters and children's specialised services, social services and healthcare professionals.
Amendment 1107 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support.
Amendment 1176 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex or gender and other grounds;
Amendment 1215 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) the removal of that material is necessary to prevent or limit significant harm to the victim and further dissemination, thereby preventing revictimization;
Amendment 1294 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex or gender and other grounds of discrimination.
Amendment 1314 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence, which should clarify whether the motives were related to the sex or gender and other personal characteristics of the victim. These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
Amendment 1339 #
2022/0066(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1377 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence, including by ensuring that there is access to single- gender shelters. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1397 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of domestic violence. Child victims of sexual exploitation and abuse online shall be provided with adequate reporting mechanisms to trusted flaggers, including the EU Centre to prevent and combat child sexual abuse as per article 40 of the Proposal for a Regulation laying down rules to prevent and combat child sexual abuse [2022/0155 (COD)] and have access to specific support mechanisms;
Amendment 1431 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender-based violence.
Amendment 1481 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, capacitating society with the knowledge to understand consent and identify and address instances of violence, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 1491 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation, intersex mutilation and other harmful practices.
Amendment 1504 #
2022/0066(COD)
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Article 36a Safety By Design 1. Member States shall ensure providers and operators of digital products or services likely to be accessed by children take measures to prevent, mitigate or minimise any risks their product or service may pose to gender equality and the safety of women and children; 2. Member States shall ensure providers of digital products or services likely to be accessed by children ensure a high level of safety, privacy and security by design and default for child users.
Amendment 1521 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation, intersex genital mutilation and other harmful practices.
Amendment 1536 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 5
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and men, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of all forms of violence against women or domestic violence.
Amendment 1579 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic, domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1626 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.
Amendment 2 #
2021/2186(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to Article 2 of the Treaty on European Union, which notes that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities,
Amendment 3 #
2021/2186(INI)
Motion for a resolution
Citation 3
Citation 3
Amendment 6 #
2021/2186(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 8 #
2021/2186(INI)
Motion for a resolution
Citation 5
Citation 5
Amendment 16 #
2021/2186(INI)
Motion for a resolution
Citation 7
Citation 7
Amendment 17 #
2021/2186(INI)
Motion for a resolution
Citation 8
Citation 8
Amendment 19 #
2021/2186(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 20 #
2021/2186(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 21 #
2021/2186(INI)
Motion for a resolution
Citation 11
Citation 11
Amendment 22 #
2021/2186(INI)
Motion for a resolution
Citation 12
Citation 12
Amendment 23 #
2021/2186(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the Commission recommendation of 16 September 2021 on ‘on the protection, safety and empowerment of journalists’ (COM(2021)6650),
Amendment 24 #
2021/2186(INI)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
— having regard to the Commission communication of 9 December 2021 on ‘Amore inclusive and protective Europe: extending the list of EU crimes to hate speech and hate crime’ (COM(2021)777),
Amendment 25 #
2021/2186(INI)
Motion for a resolution
Citation 14 c (new)
Citation 14 c (new)
— having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy (2020-2025)’,
Amendment 26 #
2021/2186(INI)
Motion for a resolution
Citation 14 d (new)
Citation 14 d (new)
— having regard to the Commission communication of 24 June 2020 entitled ‘EU Strategy on victims’ rights (2020- 2025)’,
Amendment 27 #
2021/2186(INI)
Motion for a resolution
Citation 14 e (new)
Citation 14 e (new)
Amendment 28 #
2021/2186(INI)
Motion for a resolution
Citation 14 f (new)
Citation 14 f (new)
— having regard to the Committee of the Regions’ opinion on the LGBTIQ Equality Strategy of 14 October 2021,
Amendment 29 #
2021/2186(INI)
Motion for a resolution
Citation 14 g (new)
Citation 14 g (new)
— having regard to the debate in the Council of Europe’s Congress of Local Regional Authorities Current Affairs Committee, and to its subsequent reports entitled ‘Fact-finding report on the role of local authorities with regard to the situation and rights of LGBTIQ people in Poland’ of 27 January 2021 and ‘Protecting LGBTIQ people in the context of rising anti-LGBTIQ hate speech and discrimination: The role of local and regional authorities’ of 10 February 2021,
Amendment 30 #
2021/2186(INI)
Motion for a resolution
Citation 14 h (new)
Citation 14 h (new)
— having regard to the reports of the Fundamental Rights Agency, in particular, the Fundamental Rights Reports for the years 2020 and 2021,
Amendment 31 #
2021/2186(INI)
Motion for a resolution
Citation 14 i (new)
Citation 14 i (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone,
Amendment 32 #
2021/2186(INI)
Motion for a resolution
Citation 14 j (new)
Citation 14 j (new)
— having regard to its resolution of 24 June 2021 on the situation of sexual and reproductive health and rights in the EU, in the frame of women’s health,
Amendment 33 #
2021/2186(INI)
Motion for a resolution
Citation 14 k (new)
Citation 14 k (new)
— having regard to its resolution of 8 July 2021 on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament,
Amendment 34 #
2021/2186(INI)
Motion for a resolution
Citation 14 l (new)
Citation 14 l (new)
— having regard to its resolution of 14 September 2021 on LGBTIQ rights in the EU;
Amendment 35 #
2021/2186(INI)
Motion for a resolution
Citation 14 m (new)
Citation 14 m (new)
— having regard to its resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights,
Amendment 36 #
2021/2186(INI)
Motion for a resolution
Citation 14 n (new)
Citation 14 n (new)
— having regard to its resolution of 18 December 2019 on public discrimination and hate speech against LGBTI people, including LGBTI free zones,
Amendment 37 #
2021/2186(INI)
Motion for a resolution
Citation 14 o (new)
Citation 14 o (new)
— having regard to the recommendations of the Parliament’s Frontex Scrutiny Working Group as laid down in its Report of 14 July 2021 on the fact-finding investigation on Frontex,
Amendment 38 #
2021/2186(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas Article 151 TFEU refers to fundamental social rights such as those set out in the European Social Charter; whereas the Union has still not acceded to the ECHR, in spite of its obligation to do so under Article 6(2) TEU;
Amendment 40 #
2021/2186(INI)
Motion for a resolution
Recital A
Recital A
Amendment 41 #
2021/2186(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the years 2020 and 2021 saw the most draconian loss of fundamental rights in the history of the EU, whereby citizensin many Member States, the lockdown and social distancing measures during the COVID-19 pandemic have been associated with an exponential increase in the prevalence and intensity of cases of intimate partner violence, psychological violence and coercive control and cyber violence, and with a 60 % increase in emergency calls reported by victims of domestic violence(18); where forcedas requirement to stay at home, close businesses, remain distant from friends and family, maintain physical distance and go untreated for ‘non-urgent’ medical issues, were prevented from attending places of worship and from travelling within and outside the EU, and were f and the alarming upsurge in the ‘shadow pandemic’ made it difficult for women and children to access effective protection, support services and justice and revealed that support resources and structures were insufficient and that victims had limited access to support services, leaving many of them without adequate and timely protection; whereas best practices in specific measures to provide timely and accessible assistance to victims, including setting up emergency texting systems or creating contact points to seek help in pharmacies and supermarkets should be shared among the Member States; whereas in spite of the prevalence of the phenomenon, intimate partner violence against women remains under-reporcted to show a historically worrisome pass to enter premises or vehiclein the EU by the victims, their families, friends, acquaintances and neighbours, for various reasons, especially during the COVID-19 pandemic, and whereas there is a significant lack of comprehensive, comparable and gender-disaggregated data, making it difficult to fully assess the impact of the crisis;
Amendment 43 #
2021/2186(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in the years 2020 and 2021 saw the most draconian loss of fundamental rights in the history of the EU, whereby citizens were forced to stay at home, close businesses, remain distant from friends and family, maintarestrictive measures to combat the COVID-19 pandemic interfered with a wide range of fundamental rights, such as to movement and assembly, to private and family life, including physical distanceersonal data protection, and gto untreated for ‘non-urgent’ medical issues,education, work and social security; where prevented from attending places of worship and from travelling within and outside the EU, and were forced to show a historically worrisome pass to enter premises or vehicleas the pandemic exacerbated existing challenges and inequalities in all areas of life, especially affecting vulnerable groups, and sparked an increase in racist incidents;
Amendment 44 #
2021/2186(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Union is founded on a set of common values, enshrined in Article 2 of the Treaty on European Union (TEU), including respect for fundamental rights, equality, democracy and the rule of law; whereas the institutions of the European Union and the EU Member states have a shared responsibility of preserving these values which constitute the cornerstones of our democracies and are essential for the functioning of the European Union;
Amendment 46 #
2021/2186(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas any definition of anti- Semitism should make a clear distinction between a direct or indirect call for or justification of violence, hatred or intolerance towards Jewish people and a legitimate criticism of the actions by the State of Israel;
Amendment 47 #
2021/2186(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas there is no transparent and clear set of principles in place for the distribution of advertising to media outlets by national, regional and local governments in Slovenia; whereas the situation for local media is particularly lacking in transparency; whereas the economic situation of the media in Slovenia has worsened during theCOVID- 19 pandemic and no specific measures have been adopted to alleviate its impact on media outlets;
Amendment 49 #
2021/2186(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the term ‘Romani people’ encompasses people with Roma, Kalè, Manouches, Lovara, Rissende, Boyash, Domare, Kalderash, Romani child and Sinti background; whereas the new definition, Romani people, better includes even those stigmatised as gypsies without having a corresponding ethnic background, such as Egyptians, Ashkali, or Travellers;
Amendment 50 #
2021/2186(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 52 #
2021/2186(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas under Article2 TEU, the EU is founded on respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; values which are shared by all Member States and which must be upheld by the EU and by each individual Member State in all their policies;
Amendment 54 #
2021/2186(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas international law confirms that seeking asylum is not an unlawful act and that therefore one cannot be detained for the sole reason of being an asylum-seeker; whereas detention must therefore be used only as a last resort and only according to a justified purpose other than the status of being an asylum-seeker; whereas for de jure as well as de facto stateless persons, their lack of legal status or documentation means that they risk being held indefinitely, which is unlawful under international law;
Amendment 55 #
2021/2186(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the Parliament adopted in June 2021 a comprehensive report on sexual and reproductive health and rights laying out the vision of its Members on the matter; whereas this report acknowledges shortcomings, welcomes progress and makes a multiplicity of calls to ensure access to menstrual products for all, to comprehensive sexuality education, modern contraception as a strategy for gender equality, safe and legal reproductive care, access to fertility treatments and maternity, pregnancy and birth-related care for all;
Amendment 56 #
2021/2186(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas freedom of religion is one of the fundamental rights, recognized by European and international legal instruments;
Amendment 57 #
2021/2186(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas gender-based violence is a severe violation of fundamental human rights and represents a major barrier to achieving gender equality within society; whereas both women and men can experience acts of violence because of their gender, women and girls remain disproportionately affected, particularly through certain forms of violence, including among others, sexual violence and harassment, female genital mutilation, domestic violence and intimate partner violence; whereas these acts of violence can be inflicted both in public and in private;
Amendment 58 #
2021/2186(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the right to equal treatment and non- discrimination is a fundamental right enshrined in Article 2and Article 3(3) of the Treaty on European Union (TEU), Articles 8, 10, 19 and 157 of the Treaty on the Functioning of the European Union (TFEU) and Articles21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’);
Amendment 62 #
2021/2186(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the survey by FRA on violence against women indicates that victims report their most serious incidents of partner violence to the police in only 14 % of cases, and that two thirds of female victims systematically do not report to the authorities, either out of fear or a lack of information about victims’ rights, or due to a general belief that intimate partner violence is a private matter, which should not be publicised;
Amendment 64 #
2021/2186(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas the health crisis was increasingly used as a pretext to attack minorities, including migrants, people with a migrant backgrounds and Roma, who were already subject to racial and ethnic discrimination, hate speech and hate crime;
Amendment 65 #
2021/2186(INI)
Motion for a resolution
Recital A f (new)
Recital A f (new)
Af. whereas the rule of law is one of the common values on which the EU is founded; whereas the Commission, together with Parliament and the Council, is responsible under the Treaties for guaranteeing respect for the rule of law as a fundamental value of the Union and for making sure that EU law, values and principles are respected and adhered to;
Amendment 66 #
2021/2186(INI)
Motion for a resolution
Recital A g (new)
Recital A g (new)
Ag. whereas media freedom is one of the pillars and guarantees of a functioning democracy and the rule of law; whereas media freedom, pluralism and independence and the safety of journalists are crucial components of the right of freedom of expression and information, and are essential to the democratic functioning of the EU and its Member States; whereas public authorities should adopt a legal and regulatory framework which fosters the development of free, independent and pluralistic media;
Amendment 67 #
2021/2186(INI)
Motion for a resolution
Recital A h (new)
Recital A h (new)
Ah. whereas online harassment, threats and lawsuits against journalists, targeting investigative journalists in particular, by prominent politicians and public figures, including members of the government, continue to increase in some of the Member States; whereas instances of political interference in the media across Member States have been reported; whereas journalists continue to face obstacles in obtaining access to public information and documents;
Amendment 68 #
2021/2186(INI)
Motion for a resolution
Recital A i (new)
Recital A i (new)
Ai. whereas the criminalisation of journalists for their work is a particularly grave issue; whereas journalists should not be imprisoned or threatened with a prison sentence for defamation; whereas Member States should not impose criminal sanctions for media offences except in cases where other fundamental rights have been seriously impaired, for instance in the case of hate speech or incitement to violence or terrorism, and they should ensure that these sanctions are not applied in a discriminatory or arbitrary way against journalists;
Amendment 69 #
2021/2186(INI)
Motion for a resolution
Recital A j (new)
Recital A j (new)
Aj. whereas the promotion of child rights is an explicit objective of EU policies and the EU Charter of Fundamental Rights, which requires that the best interests of the child be a primary consideration in all EU action;
Amendment 70 #
2021/2186(INI)
Motion for a resolution
Recital A k (new)
Recital A k (new)
Ak. whereas children’s rights continue to be violated in EU Member States, as a result of violence, abuse, exploitation, poverty, social exclusion and discrimination based on religion, disability, gender, sexual identity, age, ethnicity, migration or residence status;
Amendment 71 #
2021/2186(INI)
Motion for a resolution
Recital A l (new)
Recital A l (new)
Al. whereas almost 25% of children under 18 are at risk of poverty or social exclusion in the EU; whereas poverty deprives children of educational opportunities, childcare, access to health care, adequate food and housing, family support and even protection from violence and can have very long-lasting effects; whereas as pointed out by the European Union Agency for Fundamental Rights, fighting child poverty is also a matter of fundamental rights and legal obligations;
Amendment 72 #
2021/2186(INI)
Motion for a resolution
Recital A m (new)
Recital A m (new)
Am. whereas children from disadvantaged socio-economic backgrounds have been hit hard by the pandemic as they lacked adequate IT equipment, internet access and appropriate working space and conditions, which exacerbated existing learning inequalities;
Amendment 73 #
2021/2186(INI)
Motion for a resolution
Recital A n (new)
Recital A n (new)
An. whereas the COVID-19 pandemic put unprecedented strain on children and families across the EU, especially those who were already economically or socially disadvantaged; whereas children continued to submit fewer asylum applications, but their reception conditions remained inadequate in several Member States;
Amendment 74 #
2021/2186(INI)
Motion for a resolution
Recital A o (new)
Recital A o (new)
Ao. whereas the isolation measures put in place during the covid-19pandemic and the subsequent increase in online time spent by children have led to an increase in reported cases of child sexual abuse and exploitation via the internet;
Amendment 75 #
2021/2186(INI)
Motion for a resolution
Recital A p (new)
Recital A p (new)
Ap. whereas some other Member States have not yet implemented all the requirements of the Audio-visual Media Services Directive(Directive (EU) 2018/1808), and in particular those regarding independence of the national media market regulator;
Amendment 76 #
2021/2186(INI)
Motion for a resolution
Recital A q (new)
Recital A q (new)
Aq. whereas safeguarding biodiversity and eco systems is fundamental to climate resilient development[1],Whereas the 2021-2030 is a UN Decade on Ecosystem Restoration, whereas the Commission has announced postponement of adoption of crucial legislative initiatives related to environmental protection including a flagship law on nature restoration by several months; [1]https://report.ipcc.ch/ar6wg2/pdf/IPCC _AR6_WGII_SummaryForPolicymakers. pdf
Amendment 77 #
2021/2186(INI)
Motion for a resolution
Recital A r (new)
Recital A r (new)
Ar. whereas the Green Deal aims to protect, conserve and enhance the EU's natural capital, and protect the health and well-being of citizens from environment- related risks and impacts, whereas number of legislative initiatives proposed will have a positive impact on the level of environmental protection as subject of Article 37 of the Charter;
Amendment 78 #
2021/2186(INI)
Motion for a resolution
Recital A s (new)
Recital A s (new)
As. whereas the intentional targeting of certain minority groups’ rights in some Member States have created and established a momentum elsewhere, as can be evidenced by backtracking on the rights of women and LGBTIQ persons; whereas these are deliberate strategies aiming at weakening the protection of the Union’s fundamental rights, as enshrined in Article 2 TEU;
Amendment 79 #
2021/2186(INI)
Motion for a resolution
Recital A t (new)
Recital A t (new)
At. whereas during Covid-19 lockdowns LGBTIQ people, in particular youth, were exposed to higher than average rates of domestic violence and gender-based violence due to discrimination against their being LGBTIQ; whereas LGBTIQ people are at heightened vulnerability to homelessness, which has been exacerbated during Covid-19 lockdowns;
Amendment 80 #
2021/2186(INI)
Motion for a resolution
Recital A u (new)
Recital A u (new)
Au. whereas the Congress of Local and Regional Authorities of the Council of Europe has adopted a resolution recalling the responsibilities of local authorities in protecting the rights of LGBTIQ persons and has invited them to appoint a ‘Local Expert on Equality and Diversity’; whereas the Committee of the Regions has laid out numerous suggestions for the active role of Local and Regional Authorities in the prevention of and protection against discrimination of LGBTIQ persons;
Amendment 81 #
2021/2186(INI)
Motion for a resolution
Recital A v (new)
Recital A v (new)
Av. whereas Roma communities remain one of the most vulnerable and oppressed groups in the EU;
Amendment 82 #
2021/2186(INI)
Motion for a resolution
Recital A x (new)
Recital A x (new)
Ax. whereas Roma women and children - being often subjected to multiple or intersectional discrimination - constitute among the most threatened groups and individuals in the Member States and accession and candidate countries as they face even worse obstacles than Roma men in the general population, too often living in poor, rural or urban - often informal -settlements with low access to education, work and health services, less years of life expectancy, no sanitation and clear water, a situation worsened due to the COVID- 19 pandemic;
Amendment 83 #
2021/2186(INI)
Motion for a resolution
Recital A y (new)
Recital A y (new)
Ay. whereas under Article47 of the Charter, the fundamental right to an effective remedy requires access to an ‘independent’ tribunal; whereas political influence or control of the judiciary and similar barriers to the independence of individual judges have often resulted in the judiciary being unable to fulfil its role as an independent check on the arbitrary use of power by the executive and legislative branches of government;
Amendment 84 #
2021/2186(INI)
Motion for a resolution
Recital A z (new)
Recital A z (new)
Az. whereas an effective, independent and impartial judicial system is essential to ensure the rule of law and the protection of the fundamental rights and civil liberties of citizens in the EU;
Amendment 85 #
2021/2186(INI)
Motion for a resolution
Recital A aa (new)
Recital A aa (new)
Aaa. whereas the COVID-19 pandemic illustrated the failure to address the situation of persons held in pre-trial detention; whereas practices related to the use of pre-trial detention during the COVID-19 pandemic varied from Member State to Member State but delays in court hearings and investigations resulted in longer pre-trial detention in a number of them; whereas persons deprived of their liberty were more vulnerable to the COVID-19 outbreak than the general population because of the confined conditions in which they live for prolonged periods of time; whereas court closures and/or delays of hearings and investigation caused confusion and uncertainty for the suspects, especially for those in detention, who had little to no idea when their trial would take place, and how much longer they would be detained;
Amendment 86 #
2021/2186(INI)
Motion for a resolution
Recital A ab (new)
Recital A ab (new)
Aab. whereas revelations that several countries, including EU Members States, have used the Pegasus surveillance spyware against journalists, politicians, and other actors are extremely alarming and appear to confirm the dangers of the misuse of surveillance technology to undermine human rights and democracy;
Amendment 87 #
2021/2186(INI)
Motion for a resolution
Recital A ac (new)
Recital A ac (new)
Aac. whereas the phenomenon of gender-based cyber violence is increasing, with one in five women aged between 18 and 29 having reported online cyber sexual harassment in the European Union; whereas the digital public sphere must represent a safe environment for everyone, including for women and girls; reiterates that there must be no impunity in an online environment; whereas the European Parliament has called on the Commission in two adopted own-initiative legislative reports, to submit proposals on combating gender-based violence and cyber violence and on adding gender- based violence as a new area of crime listed in Article 83(1) of the TFEU;
Amendment 89 #
2021/2186(INI)
Motion for a resolution
Recital B
Recital B
Amendment 92 #
2021/2186(INI)
Motion for a resolution
Recital C
Recital C
Amendment 100 #
2021/2186(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas whistleblowing is a fundamental aspect of freedom of expression and plays an essential role in detecting and reporting wrongdoing, and in strengthening democratic accountability and transparency; whereas whistleblowing represents a key source of information in the fight against organised crime, and in investigating, identifying and publicising cases of corruption within the public and private sectors; whereas the adequate protection of whistleblowers at EU, national and international level, as well as the acknowledgement of the important role played by whistleblowers in society, are preconditions for ensuring the effectiveness of such a role;
Amendment 101 #
2021/2186(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 104 #
2021/2186(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates, that rule of law, media freedom and effective fight against corruption lay at the foundation of our societies and are our core values which affect all fundamental rights; notes with regret, however, that violation of these principles is persistent in the Union;
Amendment 108 #
2021/2186(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reiterates, that rule of law, media freedom and pluralism, and effective fight against corruption lay at the foundation of our societies and are our core values which affect all fundamental rights; notes with regret, however, that violations of these principles are persistent across some EU Member States and pose a serious threat to the fair, legal and impartial distribution of EU funds; calls on the Commission to make use of all tools at its disposal, including the procedure envisaged under the Rule of Law Conditionality Mechanism which entered into force on 1 January 2021, to address these violations of the principles of the rule of law, democracy and fundamental rights;
Amendment 109 #
2021/2186(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Regrets that structural problems regarding independence of the judiciary and autonomy of prosecution services in some member states undermines citizens’ access to justice and has negative impact on their rights and freedoms; reminds that deficiencies in rule of law in one member state affect right of all persons in the EU; calls on Member States and EU institutions to protect judges and prosecutors from political attacks and pressures that attempt to undermine their work;
Amendment 110 #
2021/2186(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1e. Regrets that structural problems regarding independence of the judiciary and autonomy of prosecution services in some member states undermines citizens’ access to justice and has a negative impact on their rights and freedoms; reminds that deficiencies in rule of law in one member state also affect the other EU Member States, in terms of the mutual trust between them and the respect of the fundamental rights of all EU citizens’ under Union law; calls on Member States and EU institutions to protect judges and prosecutors from political attacks and pressures that attempt to undermine their work;
Amendment 111 #
2021/2186(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1d. Insists that Member States must fully comply with Union and international law as well as with CJEU and ECHR judgements, including those, which are related to judicial independence; condemns the lack of compliance of Poland and Hungary with multiple laws and judgements of the European courts;
Amendment 112 #
2021/2186(INI)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Condemns all types of incidents of hate crime, hate speech and accusations devoid of foundation or formulated in bad faith, both offline and online, motivated by discrimination based on any grounds, such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; expresses concern over the hate crimes and crimes relating to incitement to discrimination or violence which occurred during the COVID- 19pandemic, leading to the stigmatisation of some particularly vulnerable individuals; recalls that racism and xenophobia are crimes, not opinions;
Amendment 113 #
2021/2186(INI)
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Is concerned about the reports which show that some Member States’ authorities have used the Pegasus spyware for political or other unjustified purposes to spy on journalists, politicians, lawyers, civil society actors and other persons, in violation of Union law and of the values enshrined in Article 2 of the Treaty of the European Union and in the Charter of Fundamental Rights; recalls that Pegasus is only one of the many examples of a program that is abused by state entities for illicit mass surveillance purposes against innocent citizens;
Amendment 114 #
2021/2186(INI)
Motion for a resolution
Paragraph 1 h (new)
Paragraph 1 h (new)
1h. Welcomes the creation of an inquiry committee on Pegasus in the European Parliament, which will investigate the scope of alleged violation of rights and freedoms enshrined in the Charter of Fundamental Rights and in the Article2 of the Treaty;
Amendment 115 #
2021/2186(INI)
Motion for a resolution
Paragraph 1 i (new)
Paragraph 1 i (new)
1i. Recognises the crucial role played by civil society organisations (CSOs) in the promotion and protection of the Union values enshrined in Article 2 TEU and in the Charter of Fundamental Rights; stresses their key contribution to protection of the rule of law principles in the Member States, giving a voice to vulnerable and marginalised people, and ensuring access to crucial social services;
Amendment 116 #
2021/2186(INI)
Motion for a resolution
Paragraph 1 j (new)
Paragraph 1 j (new)
1j. Acknowledges, that a healthy civic space is a prerequisite for democracy, the rule of law and fundamental rights; stresses that the Union should therefore commit to the preservation and cultivation of civic space at local, regional, national and European level, including through adoption of a dedicated strategy for civic space;
Amendment 117 #
2021/2186(INI)
Motion for a resolution
Subheading 1
Subheading 1
Right to equal treatment: Multiple and intersectional discrimination.
Amendment 119 #
2021/2186(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Recognises and condemns the existence of structural racism in the EU caused by stereotypes fostered by discourses that result in discrimination against ethnic minorities in all areas of their lives; is deeply concerned by individual, structural, and institutional forms of racism and xenophobia in the EU and rising discrimination against Arabs, Black Europeans, People of Asian descent, Jewish people, Muslims, and Roma people; urges the Member States to end with discriminatory institutional practices, policies and laws;
Amendment 120 #
2021/2186(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Stresses the need for the recognition of all partnerships for the purpose of freedom of movement, including for non-EU partners of EU nationals; is alarmed at the continuing non-implementation of the 2018 CJEU Coman &Hamilton Case (C- 673/16), which recognises that the term “spouse” include same-sex spouses under EU freedom of movement laws;
Amendment 122 #
2021/2186(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Is worried by terrorism and counter- terrorism policies that have led to discrimination and hostility against certain groups, including communities of colour, Muslim communities, anti-racism movements, activists and organisations; denounces that the effect of such policies includes delegitimising and in some instances criminalising, or attempting to criminalise political, religious and other discourses, discriminatory legal and law enforcement practices, including racial and religious profiling, shrinking of civil society space and self- censorship of civil society's political views and a chilling of open and free political debate;
Amendment 123 #
2021/2186(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Highlights that the EU Agency for Fundamental Rights has pointed out in its annual reports on fundamental rights, that discriminatory institutional practices, policies and laws exists in many Member States; recalls the urgent need to extend protection against discrimination beyond employment through a horizontal and intersectional approach; urges the Commission and the Council to unblock the ETD without further delay and without lowering the standards;
Amendment 124 #
2021/2186(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Denounces the lack of access to abortion for women in many countries, and condemns the deaths of at least four women in Poland due to the application of regulations prohibiting abortion in virtually all circumstances; calls on the European Commission to consider abortion as a fundamental right, to remove any obstacles to its access and to ensure that it is carried out in public health care system;
Amendment 126 #
2021/2186(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
Calls for a mainstreaming mechanism for cooperation and coordination for EU and national equality policies, ensuring that all forms of discrimination, especially those intersecting, are taken into account in the review and adoption of policies, including via equality impact assessments in a regular and transparently addressed manner pursuant to clear goals and timelines, informed by evidence and by using performance indicators; calls for the establishment of close cooperation with relevant stakeholders, support organisations, communities and people facing discrimination while ensuring adequate resources to undertake actions and monitoring measures;
Amendment 127 #
2021/2186(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
Points out that gender-based violence is a form of discrimination and as violation of fundamental rights, as well as the result of gender stereotypes, heteropatriarchal structures, power asymmetries and structural and institutional inequalities; underlines the importance to apply an intersectional and victims-centred approach to all policies and measures to address gender-based violence; calls on the Commission and the Member States to advance their efforts in that direction;
Amendment 128 #
2021/2186(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
Amendment 129 #
2021/2186(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
Recalls that the reproductive coercion and the denial of safe and legal abortion care is also a form of gender-based violence; underlines that ECtHR has ruled on several occasions that restrictive abortion laws and the lack of implementation violates the human rights of women;
Amendment 130 #
2021/2186(INI)
Motion for a resolution
Subheading 1 e (new)
Subheading 1 e (new)
Welcomes the European Commission's recognition, for the first time, of the existence of structural racism in its EU Anti-Racism Action Plan 2020-2025 and the setting out of concrete measures for tackling racism and ethnic discrimination in the EU, and urges both the Commission and the Member States to implement public policies and measures to tackle this discrimination at its root; calls on the European Commission to monitor and tackle action against racism and discrimination in Member State including through initiating infringement procedures to foster the effective application of legislation;
Amendment 131 #
2021/2186(INI)
Motion for a resolution
Subheading 1 e (new)
Subheading 1 e (new)
Highlights that the new EU Roma Strategic Framework for equality, inclusion and participation sets ambitious targets in seven key areas: non- discrimination, inclusion, participation, education, employment, health and housing, and a stronger monitoring framework, with a range of quantifiable and measurable targets to track progress; urges the Commission to ensure an adequate follow-up of the strategy and progress; further urges the Commission and the Member states to enforce the prohibition of racial or ethnic profiling in law enforcement, counter-terrorism measures and immigration controls, as well as police violence, and to ensure accountability;
Amendment 132 #
2021/2186(INI)
Motion for a resolution
Subheading 1 f (new)
Subheading 1 f (new)
Recalls the need to pay close attention to digitalisation and the social biases introduced into new technologies; calls on the Commission and the Member States to put in place measures to prevent the risks that new technologies, including AI, have in exacerbating discrimination, existing inequalities and poverty; further calls on the Commission and the Member States to tackle the gender and diversity gap in ICT and STEM sectors, particularly in the development of new technologies, including AI, and, in particular indecision-making positions;
Amendment 133 #
2021/2186(INI)
Motion for a resolution
Subheading 1 g (new)
Subheading 1 g (new)
Denounces the fact that gender-based violence is one of the most widespread forms of violence in the European Union, with surveys carried out by the Union revealing that one in three women in the Union - i.e. 62 million women - has suffered physical or sexual violence since the age of 15 and that one in two (55 %) has suffered sexual harassment, which has increased sharply as a result of the COVID-19pandemic;
Amendment 134 #
2021/2186(INI)
Motion for a resolution
Subheading 1 h (new)
Subheading 1 h (new)
Calls on the Commission and Member States to step up measures to prevent institutional discrimination, particularly from law enforcement and the judiciary system, which might have a stronger negative impact on individuals from groups in vulnerable situations;
Amendment 135 #
2021/2186(INI)
Motion for a resolution
Subheading 1 i (new)
Subheading 1 i (new)
Condemns the increase in attacks on LGBTIQ+ people and urges the Member States and the Commission to take measures to put an end to these attacks and to guarantee effective equality for LGBTIQ+ people in all areas;
Amendment 136 #
2021/2186(INI)
Motion for a resolution
Subheading 1 j (new)
Subheading 1 j (new)
Stresses the urgency to address all forms of gender-based violence; welcomes the Commission proposal to combat gender- based violence and that it includes provisions on intersectionality; underlines the cross-border dimension of gender- based violence and calls on the Commission to add gender-based violence in the list of EU crimes; urges the Commission to ratify the Istanbul Convention; points out that the Istanbul Convention should be understood as the minimum standard to eradicate gender- based violence;
Amendment 137 #
2021/2186(INI)
Motion for a resolution
Subheading 1 k (new)
Subheading 1 k (new)
Calls on the Member States to adopt National Action Plans Action Racism (NAPARs) by the end of 2022 and prioritise actions to tackle lack of access to justice, and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality;
Amendment 138 #
2021/2186(INI)
Motion for a resolution
Subheading 1 l (new)
Subheading 1 l (new)
Condemns the actions of anti-gender and anti-feminist movements that systematically attack women’s and LGBTIQ+ rights, including sexual and reproductive rights; urges the Commission to ensure that civil society organisations supported and funded by the Union do not promote gender discrimination; welcomes the first-ever EU LGBTIQ Equality Strategy and further condemns the increasing cases of discrimination, hate crime and violence against LGBTIQ+ people’s; asks the Commission to ensure proper follow-up of the Strategy;
Amendment 139 #
2021/2186(INI)
Motion for a resolution
Subheading 1 m (new)
Subheading 1 m (new)
Welcomes that the Commission appointed a victims’ rights coordinator, adopted its first victims’ rights strategy and sept up a victims’ rights platform; stresses, however, that challenges to access to justice, particularly for victims in vulnerable situations, and to judicial independence persisted in several Member States;
Amendment 140 #
2021/2186(INI)
Motion for a resolution
Subheading 1 n (new)
Subheading 1 n (new)
Highlights the worrying increase in gender-based violence during the Covid- 19 pandemic; stresses the importance to ensure that the response to the Covid-19 crisis incorporates the gender perspective and gender budgeting, as well as ex-post gender impact assessments, as indicated in the Commission’s 2020-2025 Gender Equality Strategy; urges the EU institutions to ensure gender mainstreaming in all EU policies and actions;
Amendment 141 #
2021/2186(INI)
Motion for a resolution
Subheading 1 o (new)
Subheading 1 o (new)
Urges the EU institutions and the Member States to tackle the root causes of structural discrimination; calls on the Commission and the Member States to implement measures to address persisting structural inequalities in key areas such as criminal justice system, education, housing, employment, healthcare, goods and services; underlines the important role of education and media in countering racist narratives and deconstructing prejudices and stereotypes; calls on the Commission and Member States to promote anti-racism trainings;
Amendment 142 #
2021/2186(INI)
Motion for a resolution
Subheading 1 p (new)
Subheading 1 p (new)
Underlines that the Black Lives Matter movement mobilised societies across the globe to address racism and discrimination by law enforcement authorities; welcomes the adoption of the EU anti-racism action plan and the appointment of the EU Coordinator on anti-racism; urges the Member States to adopt and implement national action plans against racism and the Commission to monitor and ensure proper follow-up of the NAPARs and of the EU action plan; further urges the Commission to mainstream anti-racism and anti- discrimination in all EU policies;
Amendment 143 #
2021/2186(INI)
Motion for a resolution
Subheading 1 q (new)
Subheading 1 q (new)
Highlights the need to address the potential risks of AI, especially for individuals from racialized groups, not as a technological, but as a societal problem; calls on the Commission and the Member states to ensure that AI systems are guided by the principles of transparency, explainability, fairness, and accountability and that independent audit are put in place to prevent that these systems exacerbate racism;
Amendment 144 #
2021/2186(INI)
Motion for a resolution
Subheading 1 r (new)
Subheading 1 r (new)
Expresses deep concern that the Covid-19 crisis was increasingly used as a pretext to attack groups in vulnerable situations, including migrants, people with immigrant backgrounds and Romani people, who are already subject to racial and ethnic discrimination, hate speech and hate crime; is particularly concerned about the impact of the Covid-19 pandemic on Romani people, which has amplified inequalities and fuelled prejudice, including the cases of police violence;
Amendment 146 #
2021/2186(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 153 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Denounces the discrimination that exists in the European Union on the basis of race, gender identity, sexual orientation, disability, class, ethnic origin or religion and calls on the Commission to promote public policies aimed at eliminating such discrimination, and to collect data disaggregated by race, origin, ethnicity, gender and sexual orientation and identity in order to be able to develop public policies that meet the needs of the people affected in a real and effective way, and that the EU Framework Decision on combating racism and xenophobia (2008/913/JHA) is properly and fully implemented; believes that should Member States fail to do so, the European Commission should initiate infringement proceedings against them;
Amendment 154 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Member States to ensure the full implementation of the Race Equality Directive and Employment Equality Directive in order to combat persisting racism against people of different origins, ethnicity or colour; condemns the fact that racial, ethnic, linguistic and religious minorities still face deep-rooted structural and institutional racism, discrimination, hate- crime and hate-speech, a lack of access to justice, and sustained socio-economic inequalities which are major barriers to them fully enjoying their fundamental rights, social inclusion and equality as EU citizens, in all spheres of life, including housing, education, healthcare and employment;
Amendment 157 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the EU institutions and all Member States to elaborate child- friendly policies especially in relation to education, data-protection and judiciary; recalls that the EU and its Member States must take into account the rights and duties of the parents, legal guardians, or other individuals legally responsible for the child;
Amendment 159 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Reiterates calls on all EU institutions and Member States to effectively address challenges such as the sexual exploitation of children and child pornography, protection of unaccompanied migrant children and the situation of institutionalised disabled children, protection of children who have suffered domestic abuse and workplace exploitation, missing children;
Amendment 161 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Urges the Council and the Member States to immediately unblock and conclude the negotiations on the Horizontal Directive on discrimination;
Amendment 162 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Welcomes the fact that, following Parliament's recommendations, the European Commission has adopted an ambitious strategy for the rights of persons with disabilities for the period 2021-2030; reaffirms the fundamental importance of the implementation of the proposed measures and the further development of national measures in order to ensure that people with disabilities are not disadvantaged and discriminated against in terms of employment, education and social inclusion;
Amendment 163 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Is concerned about the lack of progress as regards precarious working conditions in care services which has dramatic consequences on the ability of older persons needing such services to live dignified lives and to remain integrated in society; calls on the Commission and the Member States to strengthen their efforts to combat all forms of discrimination against older people; as a consequence of demographic change in the EU, underlines the importance of supporting initiatives linked to active ageing;
Amendment 164 #
Amendment 166 #
2021/2186(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Believes that Member States should reform any laws that criminalise freedom of expression, assembly, and association, and facilitate an environment where criticism is part of healthy debate on any issue of public concern; is of the opinion that businesses should be held accountable for any acts of retaliation against journalists, rights defenders, whistleblowers, activists and NGOs;
Amendment 167 #
2021/2186(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Condemns the use of Strategic Lawsuits Against Public Participation(SLAPPs) which are being used to silence and intimidate human rights defenders
Amendment 168 #
2021/2186(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Highlights that SLAPP lawsuits are but one threat to a free and pluralist media, with others including commercial pressures and imperatives; political pressure; journalistic self-censorship on issues of particular controversy; career precarity and heavy journalist workloads; pressure on journalists to maintain access to elite sources through uncritical reporting; and career promotion being closed off to journalists who breach unspoken and internalised assumptions regarding the correct ‘line’ on issues of particular controversy, in particular regarding foreign policy;
Amendment 169 #
2021/2186(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 170 #
2021/2186(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Condemns attempts by governments to silence media outlets that criticise them and to eliminate media freedom and pluralism; also condemns social media platforms that censor, deplatform or intimidate independent journalists and freealls on Member States to protect and develop an independent, pluralist and free media sector; condemns in this respect any measures aimed at silencing critizens who express a narrative differing from that of mainstream mediacal media and undermining media freedom and pluralism;
Amendment 174 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that several Member States’ positions in international press freedom rankings have declined; highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; strongly condemns threats to media freedom, including harassment and attacks aimed at journalists and whistle-blowers, the disregard of their legal protection as well as media capture or politically motivated actions in the media sector;
Amendment 175 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is deeply concerned by the further deterioration of media freedom in Hungary, Poland and Slovenia, and the different reforms put in place by the ruling coalitions in order to reduce diversity and critical voices within the media;
Amendment 176 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is deeply concerned about attacks, harassment, violence and threats against journalists, human rights defenders and other persons exposing foreign interference and disinformation campaigns;
Amendment 177 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that foreign interference seriously affects democratic processes in the EU;
Amendment 179 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expresses its concern about the threat that different forms of propaganda and misinformation, including anti- vaccine propaganda, pose to human life and health, freedom of speech and expression and to the independence of the media, and the negative effects they might have on the quality of political debate and on the participation of citizens in democratic societies; calls on the Commission to promote and invest in the strengthening of media literacy, actively support quality journalism and foster data protection and create a more transparent online ecosystem while safeguarding media freedom and pluralism;
Amendment 181 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Believes that EU binding rules providing robust and consistent protection for the independent media and journalists from vexatious lawsuits intended to silence or intimidate them in the EU are much needed in order to help end this abusive practice;
Amendment 182 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is deeply concerned about the spread of manipulative disinformation and interference in EU’s democratic processes by state actors, non-state actors and third parties in the EU; calls for the EU institutions and the Member States to play an active role in countering foreign interference and spread of manipulative disinformation;
Amendment 183 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that some measures taken by Member States in the fight against COVID-19 impacted severely the right to privacy and data protection, that the data protection authorities were not fully consulted, that necessity and proportionality were not always clear, often a solid legal basis was lacking and no proper evaluation has taken place; calls on the European Commission, the EDPS and EDPB to evaluate the situation without delay;
Amendment 185 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Welcomes the Commission’s recent initiative to issue a Recommendation on Ensuring Safety of Journalists in the European Union; calls on the Commission to deliver on the Media Freedom Act without delay;
Amendment 186 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3e. Reiterates the importance of building resilience to foreign interference, detecting and countering attacks as efficiently as possible, within the EU framework of fundamental rights and in a transparent and democratic way;
Amendment 187 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Expresses deep concern over weak and uneven enforcement of the GDPR, with which it risks becoming a paper tiger, not providing actual protection to citizens; deplores that the Commission ignored Parliament's call for infringement proceedings against Ireland for not properly enforcing the GDPR;
Amendment 188 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the Commission to ensure proper implementation of the Audio- visual Media Services Directive, in particular with reference to the independence of media regulators, transparency of media ownership and media literacy; calls on the Commission to make effective use of infringement procedures in situations where Member States implement these provisions incorrectly or incompletely
Amendment 189 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Welcomes the fact that the European Democracy Action Plan envisages that the Commission and the EEAS together develop a toolbox for foreign interference and influence operations, including hybrid operations and the clear attribution of malicious attacks by third parties and countries against the EU;
Amendment 190 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Expresses concern over the European Commission's internal guidelines on records management and archives, which is based on an erroneous interpretation of the Regulation (EC) 1049/2001 on access to documents, and over the exclusion of text messages from the scope of the rules on access to documents, which has been qualified "maladministration" by the European Ombudsman
Amendment 191 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Urges the Member States, in the context of increased and rapid spread of disinformation, hoaxes and political propaganda, to include targeted age- appropriate activities in their curricula focused on the development of critical thinking, media literacy and digital skills; calls on greater emphasis to be put on citizenship education with focus on fundamental rights, democracy and participation in public affairs;
Amendment 192 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Underlines the importance of the review of the Code of Practice on Disinformation and the proposals for a Digital Services Act, a Digital Markets Act and other measures linked to the European Democracy Action Plan in order to become effective tools to tackle foreign interference;
Amendment 193 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Strongly condemns Kremlin’s active role in spreading manipulative disinformation across both traditional media outlets and social media platforms in the EU; strongly condemns the destabilizing efforts of the Russian government in the EU, including its interference in elections and democratic processes in the EU and in the candidate/potential candidate countries; notes that Russia’s malign disinformation campaigns linked to Russia’s war in Ukraine have been targeting the EU and its Member States;
Amendment 194 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Is extremely concerned about the existence and continuous spread of extreme right-wing movements, especially neo-fascist and neo-Nazi groups, in the EU; calls on the Member States to take urgent measures to effectively ban these groups; at the same time calls on more research on the foundations, membership base and especially funding of such groups with the aim of identifying possible foreign interference; stresses the need to give greater space in the history curricula to objective and factual learning about different racial or ethnic ideologies, such as slavery, colonialism or fascism, and their forms and origins, including the misuse of science for their justification, as well as their consequences and possible remnants in present times in order to combat repeated resurgence of these ideologies;
Amendment 196 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Regrets that some Member States have thwarted the effective exercise of citizens’ right of access to documents, by unnecessarily delaying or even eliminating deadlines for access to documents requests; emphasises that this not only led to lack of trust in authorities amongst citizens, but also to the undermining of media pluralism in the EU;
Amendment 197 #
2021/2186(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 202 #
2021/2186(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Condemns governmental politicisation of the media, whereby governments use it as a tool for their own propaganda; urges the Member States to decouple broadcasting councils from political parties, ensuring independence of financing, editorial freedom and journalistic integrity; notes that the German broadcasters ARD and ZDF are firmly in the hands of politicians, despite decades of appeals by the German Constitutional Court to try and change thRegrets the fact that that the safety of journalists is not universally guaranteed; underlines the importance of media pluralism and the need to protect journalists against threats and attacks in order to prevent self-censorship and to assure freedom of expression and the right to information and safeguard the journalistic profession; calls on the Commission to improve the instruments for assessing measures taken by governments that may undermine freedom of information and pluralism;
Amendment 203 #
2021/2186(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses concern about the creation of government-controlled bodies which manage large parts of a country’s media landscape and the hijacking of public service media outlets to serve partisan interests; recalls that where media ownership remains highly concentrated, whether in government or private hands, it constitutes a significant risk to the diversity of information and viewpoints represented in media content; recalls that freedom of expression and information, including the freedom of artistic expression, and media freedom are fundamental to democracy and the rule of law and urges Member States to guarantee the independence of their media authorities; recalls that the right to seek, receive and impart information and ideas either orally, in writing or in print, in the form of art, or through any other media, is a component of the freedom of artistic expression;
Amendment 204 #
2021/2186(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges the Commission to come up with an ambitious proposal to combat all SLAPPs; further calls on the Commission to ban spyware products such as Pegasus which have been used to carry out surveillance on journalists, human rights activists, opposition figures and lawyers in and outside the EU;
Amendment 205 #
2021/2186(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls the importance to ensure media freedom, pluralism and independence, the transparency of media ownership and regulation of market concentration, as well as the protection of journalists; calls on the Commission to step up efforts in this direction, including by proposing binding measures and by protecting and promoting funding for investigative journalism;
Amendment 206 #
2021/2186(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Strongly condemns the continuous smear campaigns in public media against judges, journalists and politicians critical of the current government, including SLAPP (strategic lawsuit against public participation) lawsuits initiated by government agencies, government officials, state-owned companies or individuals with close ties to the government coalitions across Europe; urges the Commission to use all legislative and executive instruments at its disposal to prevent these intimidator actions that endanger freedom of expression from occurring; calls on the Commission, in cooperation with journalists’ organisations, to monitor and report on attacks against journalists, as well as on lawsuits intended to silence or intimidate independent media, and to guarantee access to the appropriate legal remedies;
Amendment 207 #
2021/2186(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Condemns the attacks, detentions and violence against journalists during protests, who have been prevented from reporting, and thus, doing their job; expresses deep concern about the cases of police brutality, particularly against journalists, during protests, and urges accountability; calls on the Commission and the Member States to ensure the safety and protection of journalists, particularly during protests;
Amendment 208 #
2021/2186(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Believes that EU binding rules providing robust and consistent protection for the independent media and journalists from vexatious lawsuits intended to silence or intimidate them in the EU are much needed in order to help end this abusive practice;
Amendment 210 #
Amendment 211 #
2021/2186(INI)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Underlines that the emergency measures that have implied concentrations of powers and derogations of fundamental rights go hand in hand with corruption risks; calls on the Member States to step up their efforts to ensure that adequate legislation and institutional frameworks to combat corruption are applied effectively in practice, and that governments act with transparency and accountability; calls on the Member States in this regard to closely follow the guidelines issued by GRECO in 2020 to prevent corruption risks in the context of the pandemic;
Amendment 212 #
2021/2186(INI)
Motion for a resolution
Subheading 3 b (new)
Subheading 3 b (new)
Considers that the rule of law is intimately linked with respect for democracy and fundamental rights and highlights that deterioration of any of these values constitutes an attack on the pillars of the Union as stipulated in TEU; repeats the numerous calls by the Parliament to broaden the scope of the Rule of Law report to include all Article 2 TEU values in order to have a holistic overview of the situation in all Member States;
Amendment 213 #
2021/2186(INI)
Motion for a resolution
Subheading 3 c (new)
Subheading 3 c (new)
Welcomes the infringement procedures initiated by the Commission against Hungary and Poland as part of the July 2021 infringement package concerning the respect for the human rights of LGBTIQ persons and breaches of EU law, which constitute the first time the Commission has specifically initiated infringements to safeguard their rights; takes note of the Commission’s reasoned opinion to the Hungarian government on the ‘anti-LGBTIQ’ law and the government’s response, and calls on the Commission to proceed with the infringement by bringing the case to the CJEU; takes note of the decision of the Budapest High Court annulling the obligation to print a disclaimer in children’s books in Hungary, and calls on the Commission to monitor the development of the case to assess necessary next steps in the infringement; is concerned over the lack of follow-up vis-a-vie infringement procedures on Polish ‘LGBTI-free’ zones and lack of sincere cooperation by the Polish authorities, and calls on the Commission to send a reasoned opinion to the government;
Amendment 214 #
2021/2186(INI)
Motion for a resolution
Subheading 3 d (new)
Subheading 3 d (new)
Recalls that the abuse of discretionary power should be controlled by judicial or other independent review and that available remedies should be clear and easily accessible, including access to an ombudsperson or another form of non- contentious jurisdiction; calls on the Member States to establish mechanisms to prevent, correct and sanction abuse of discretionary powers and to provide adequate reasons for their decisions, in particular when they affect the rights of individuals;
Amendment 215 #
2021/2186(INI)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Recalls that holding legally innocent persons in pre-trial detention is only acceptable as an exceptional measure of last resort; believes that the authorities should take the current COVID-19 context as an historical opportunity to end over-reliance on pre-trial detention and to reconsider their approach to incarceration; stresses the need for EU standards on pre-trial detention establishing a minimum sentence necessary before imposing pre-trial detention so that minor offenders are exempt from the possibility of pre-trial detention; is of the opinion that individuals should not be serving their entire sentence on remand;
Amendment 216 #
2021/2186(INI)
Motion for a resolution
Subheading 3 e (new)
Subheading 3 e (new)
Condemns the approach of some EU governments to adopt legislation in fast- track procedures without public consultations, such as constitutional changes to legitimise discriminatory policies that could otherwise not be legislated upon, such as provisions that specifically aim at LGBTIQ persons; notes that the changes approved to the Hungarian constitution, or the ‘anti- LGBTIQ’ bill adopted in June 2021 by the Hungarian Parliament are notable examples of encroachment on the right to equal treatment and the principle of non- discrimination;
Amendment 217 #
2021/2186(INI)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Calls on the Member States to put in place and apply procedures guaranteeing that persons are heard before being passed back to a neighbouring Member State, and formally notify them of the decision taken; denounces that migrants and asylum seekers apprehended after crossing an internal or external EU border are not systematically heard before they are passed back to a neighbouring Member State and are also not systematically notified of the decision to pass them back to another Member State; recalls Member States' obligation to effectively guarantee the right to a fair trial and the right to equality before the law to all people;
Amendment 219 #
2021/2186(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 220 #
2021/2186(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the seeming impunity of some national governmentUnderlines that the rule of law is a cornerstone of democracy, maintains the separation of powers, ensures accountability, contributes to trule of law scrutiny, especially Germany, where political parties continue to exert influst in public institutions and guarantees the principles of legality, legal certainty, prohibition of arbitrariness of the executive powers, judicial independence, in the appointment of judges, and seek to eliminate political opposition parties by intimidation and spurious court casempartiality, and equality before the law; stresses that the rule of law and judicial independence in particular are critical for citizens’ ability to enjoy their fundamental rights and freedoms;
Amendment 222 #
2021/2186(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the seeming impunity of some national governments to rule of law scrutiny, especially Germany, where political parties continue to exert influence in the appointment of judges, and seek to eliminate political opposition parties by intimidation and spurious court casrule of law backsliding in many Member States over different periods and by different levels of authority, from the executive level through procedures such as fast-tracking laws in periods of state emergencies, to the local level such as pervasive abuse by policing authorities;
Amendment 229 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights, such as the use of excessive force by law enforcement authorities during protests and at the EU borders, the lack of guarantees and due process for detainees, incitation of hatred by political actors, the increase in the authorities’ powers to carry out mass surveillance and bulk collection of intercepted data, and restrictions imposed on civil society organisations receiving foreign funding or based on their religious affiliation;
Amendment 230 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is concerned that the Covid-19 pandemic, and responses to it, have had an unprecedented impact on the functioning of courts and on the ability to exercise defence rights, as lawyers’ ability to consult with their clients was severely restricted; underlines that access to police stations and courts were severely restricted, and many court hearings were postponed or moved online; stresses that these measures had serious implications for the ability of persons arrested, prosecuted, or detained to exercise their fair trial rights;
Amendment 232 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Expresses concern about the impact of the COVID-19 crisis on people in detention; stresses that some Member States adopted measures to reduce prison populations, but often only on a temporary basis; underlines that the EU is facing a long-standing crisis in prison overcrowding, which is mainly driven by the excessive use of pre-trial detention; is concerned about the increasing mental health problems among people on remand; calls on the Commission to propose minimum standards on prison and detention conditions in the EU;
Amendment 234 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the indispensability of enforcing court sentences, both at national and EU level; condemns all national governments and sub-state entities on EU territory that refuse to follow judgments; emphasises that sentences of the Court of Justice of the European Union have to be implemented in a timely manner and as soon as possible in accordance with the Treaties, which the Member States agreed to comply with, in particular, those court sentences that seek to prevent discrimination on grounds of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;
Amendment 235 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Strongly condemns the ongoing severe violations of the principles of the rule of law in some Member States, which are causing a serious danger in relation to fundamental rights and freedoms; recognises the links between violation of rule of law and fundamental rights violations in a number of areas such as judiciary, independent journalism and free media;
Amendment 236 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that despite numerous European Parliament resolutions and reports, and several infringement proceedings and decisions of the CJEU in 2020 and 2021, the rule of law situation in the European Union is continuing to deteriorate, regrets the Commission’s inability to respond properly to the many concerns expressed by Parliament about democracy, the rule of law and fundamental rights in several Member States;
Amendment 238 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Is deeply concerned by the fact that the Polish authorities have deliberately and systematically violated rule of law-related judgments and orders of the CJEU; calls on the Polish authorities to comply with the various CJEU and European Court of Human Rights rulings regarding the composition and organisation of the illegitimate ‘Constitutional Tribunal’ and the Disciplinary Chamber of the Supreme Court in order to comply with the standards of judicial independence that Poland committed to;
Amendment 240 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Notes that in October2021, pursuant to Article 265 TFEU, Parliament launched an action against the Commission before the ECJ over its failure to act and apply the regulation, which had been requested in two resolutions in 2021 and which followed on from the unsatisfactory replies from the Commission and its attempt to play for time; regrets the fact that the Commission has not yet responded to Parliament’s call to trigger Article 6(1) of the regulation and has not sent written notifications to the Member States concerned, but only sent requests for information to Hungary and Poland in November 2021;
Amendment 241 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Reiterates its condemnation of the practice of prosecuting and harassing judges who are critical of the Polish Government; calls on the Disciplinary Chamber in its current composition to stop all of its activities and cases, including legal cases, and to reinstate all judges who have been removed from their positions as adjudicators by this Chamber, including those judges who continue to be prevented from adjudicating despite them having successfully appealed their suspension by the Chamber in a court of law, as the final verdicts on appeal are subsequently and continuously disregarded by the presidents of the courts in which they serve;
Amendment 242 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Recalls that the Rule of Law Conditionality Regulation provides a clear definition of the rule of law, which must be understood in relation to the other values of the Union, including fundamental rights and non- discrimination; is of the opinion that state-sponsored discrimination against minorities has a direct impact on which projects the Member States decide to spend EU money on, and therefore directly affects the protection of the financial interests of the Union; calls on the Commission to immediately trigger the procedure provided for in Article 6(1) of the Rule of Law Conditionality Regulation;
Amendment 243 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Recalls that no proper response has yet been given to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights to be governed by an interinstitutional agreement between Parliament, the Commission and the Council; calls on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement pursuant to Article 295 of the TFEU;
Amendment 244 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Highlights that the EU is a Union based on the Rule of Law, and that the enforcement of EU law is crucial to ensure that citizens have real access to their fundamental rights; regrets in this regard that the Commission has made less use of its enforcement tool box, in particular by decreasing the number of infringements it initiates; Notes that citizens, therefore, increasingly have to turn to litigation to attain the enjoyment of their fundamental rights; Calls on the Commission to support this litigation through setting up a dedicated Fund for the Financial Aid to Strategic Litigation for Charter rights.
Amendment 245 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Reiterates its position on the Rule of Law Conditionality Regulation, which entered into force on 1 January 2021 and is directly applicable in its entirety in the European Union and all its Member States for all funds of the EU budget, including resources allocated through the EU Recovery Instrument since then;
Amendment 246 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Strongly condemns the efforts of the governments of some Member States to weaken the separation of powers and the independence of the judiciary; expresses its deep concern, in particular, about decisions which call into question the primacy of European law and calls on the Commission to use all available means to take action against these attacks;
Amendment 247 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 g (new)
Paragraph 5 g (new)
5g. Stresses that under Article 47 of the Charter, the fundamental right to an effective remedy requires access to an independent tribunal; notes the increasing challenges posed by national constitutional courts and some politicians in this regard and calls on the Member States to respect the crucial role of the CJEU and to comply with its rulings;
Amendment 248 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 h (new)
Paragraph 5 h (new)
5h. Reiterates that corruption is a serious threat to democracy, the rule of law and fair treatment for all citizens; highlights the link between corruption and fundamental rights violations in a number of areas such as the independence of the judiciary, media freedom and freedom of expression of journalists and whistle-blowers, detention facilities, access to social rights, or trafficking of human beings;
Amendment 249 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 i (new)
Paragraph 5 i (new)
Amendment 250 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 j (new)
Paragraph 5 j (new)
5j. Stresses that in action and a lax approach towards oligarchic structures and the systemic violation of the rule of law weaken the entire European Union and undermine the trust of its citizens; underlines the need to ensure that taxpayers’ money never ends up in the pockets of those who undermine the EU’s shared values;
Amendment 251 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 k (new)
Paragraph 5 k (new)
5k. Welcomes the rapid establishment of an efficient, independent and fully operational European Public Prosecutor’s Office (EPPO) in order to strengthen the fight against fraud in the European Union; highlights the importance of supporting and strengthening cooperation between the EU institutions, the Member States, the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO);
Amendment 252 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 l (new)
Paragraph 5 l (new)
5l. Stresses the need to monitor and enforce the compliance with all Article 2 TEU values comprehensively; calls on the Commission to integrate this comprehensive monitoring in an Annual Democracy, Rule of Law and Fundamental Rights report;
Amendment 255 #
2021/2186(INI)
Motion for a resolution
Subheading 4
Subheading 4
Right to congregate, free movement and freedom of consciences of minorities and vulnerable groups
Amendment 256 #
2021/2186(INI)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Welcomes the Commission’s commitment to present in 2022 a Regulation on the mutual recognition of parenthood between Member States, which will create legal certainty for rainbow families across the EU.
Amendment 257 #
2021/2186(INI)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Calls on all Member States to respect the bodily autonomy of all people, in particular by banning intersex genital mutilation , so-called ‘conversion therapy’ practices, and the forced sterilisation of trans people as a precondition for accessing legal gender recognition; reiterates that legal gender recognition laws should be adopted in accordance with international human rights standards, there by being accessible, affordable, administrative, quick and based on self-determination;
Amendment 258 #
2021/2186(INI)
Motion for a resolution
Subheading 4 b (new)
Subheading 4 b (new)
Is concerned about reports of excessive force, police brutality and misconduct against Romani people reported across the EU, in line with the 2020 findings of the European Union Agency for Fundamental Rights (FRA), which also revealed that Romani people are subject to widespread poverty, inadequate living conditions, poor health, exclusion from the labour market and harassment.
Amendment 259 #
2021/2186(INI)
Motion for a resolution
Subheading 4 c (new)
Subheading 4 c (new)
Condemns the persisting social exclusion and anti-gypsyism that lead to the disproportionate criminalisation of Romani people and calls on the Commission to put forward better legislation and specific policy measures to prevent such incidents and ensure justice for victims, while placing the fight against anti-gypsyism at the heart of EU policies;
Amendment 261 #
2021/2186(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 262 #
2021/2186(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Condemns the violence of Antifa rioting in the midst of peaceful vaccine passport protests across Europe; notes the allegations that they are working in cooperation with police authorities to create headlines and discredit the protestpush backs and violence against migrants and asylum seekers at the external borders; Calls on the Commission and the Member States to set up a fully-fledged fundamental rights monitoring system at the external borders; Calls on the Commission to start infringement procedures where there are indications of push backs and violence; Calls on Frontex to suspend all operations in Member States where such instances take place and to provide full transparency and accountability of its operational activities;
Amendment 266 #
2021/2186(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that the rights of access to health, in particular to sexual and reproductive health, are fundamental rights of women which should be reinforced and which should in no case be reduced or taken away;
Amendment 268 #
2021/2186(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Insists on the fact that gender- based violence must be tackled at European level in order to put an end to inequalities in protection between Member States; welcomes the Commission's proposal for a directive on combating violence against women and domestic violence; nevertheless regrets that the Commission proposal does not take into account Parliament's desire to include gender-based violence in Article 83 of the Treaty;
Amendment 269 #
2021/2186(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses the importance of combatting gender-based violence in all its forms and advancing gender equality and women’s rights; welcomes the Commission’s proposal for a directive on “combating violence against women and domestic violence” presented on March 8th, 2022, which proposes among others measures in the areas of criminalization of certain forms of violence, including criminalisation of rape based on lack of consent and certain forms of cyber violence, as well as measures on protection of victims, and access to justice, victim support and prevention;
Amendment 270 #
2021/2186(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Regrets that in the European Union one in three women above 15 years of age has experienced some form of physical or sexual violence; is highly concerned about the alarming increase in incidents of gender-based violence, particularly in regard to domestic violence, due to health-related measures imposed to curb the spread of the COVID- 19 pandemic (e.g., lockdowns);
Amendment 271 #
2021/2186(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Urges the Council to conclude the Union’s ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (i.e., Istanbul Convention); regrets that to this date not all 27 EU Member States have ratified the Convention and reiterates its call on Bulgaria, the Czech Republic, Hungary, Latvia, Lithuania and Slovakia to ratify the Convention;
Amendment 272 #
2021/2186(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 275 #
2021/2186(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that smear campaigns against LGBTIQ people and civil society more broadly are more prevalent in Member States in which media freedom is under attack;
Amendment 276 #
2021/2186(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the clear support by 18 Member States who published a joint statement condemning the anti-LGBT amendments in Hungary’s Child Protection Law; welcomes the reiterated support for fighting against discrimination against LGBTIQ people by 16Member States; stresses that the promotion of the European way of life unquestionably includes the promotion of tolerance, acceptance, non-discrimination and equal treatment;
Amendment 281 #
2021/2186(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 285 #
2021/2186(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 286 #
2021/2186(INI)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Is concerned about the increase of hate speech and smear campaigns across Members States, often perpetrated by high-ranking public officials or leading politicians, which specifically target media, NGOs and certain social groups or minorities, such as LGBTIQ persons; notes their undeniable impact on civil space, creating an unsafe environment for civil society and human rights defenders; is alarmed by the numerous examples of attacks on LGBTI offices and staff in 2021 alone in several member states
Amendment 287 #
2021/2186(INI)
Motion for a resolution
Subheading 5 b (new)
Subheading 5 b (new)
Encourages Member States to fully transpose and apply the Framework Decision on Racism and Xenophobia to criminalise racist hate crime and hate speech; Encourages Member States to take the necessary measures to ensure that a racist or xenophobic motive is considered an aggravating circumstance or, alternatively, that the courts may take such a motive into consideration in determining the penalties.
Amendment 288 #
2021/2186(INI)
Motion for a resolution
Subheading 5 c (new)
Subheading 5 c (new)
Welcomes the Commission’s proposal for a Council Decision to extend the list of EU crimes in December 2021 to ‘hate crime and hate speech’ and calls on the Council to diligently work towards its unanimous adoption; recalls the need for the Commission and the Member States to work in cooperation with internet companies in order to provide adequate safeguards and to thoroughly implement the Code of Conduct on countering illegal hate speech online;
Amendment 289 #
2021/2186(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 290 #
2021/2186(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates that freedom of speech is a fundamental right, vital for the development of a pluralisticDeplores the fact that a significant number of Roma people in the EU still live in marginalised settlements in extremely precarious conditions and in very poor socio-economic circumstances, often lacking access to clean drinking water, electricity, safe and ademocratic society; emphasises that any restriction to the quate housing, education, employment, healthcare, sewage facilities and waste collection; recalls that the situationl ine or offline exercise of this freedom, such as the removal of content, must be exceptional, prescribed by law and justified by the pursuit of a legitimate aim, in accordance with Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 Roma settlements is in clear violation of human rights and fundamental rights and has serious ramifications, especially for Roma children; urges the Member States to follow the Council recommendation on Roma equality, inclusion and participation as well as the EU Roma Strategic Framework on Equality, Inclusion and Participation for 2020 - 2030 and to make full use of EU and national funding towards this end; calls ofn the European Convention on Human RightsCommission to intensify the monitoring of Member States’ progress and take further steps accordingly;
Amendment 296 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is concerned about the fact that the Member States have different thresholds for the use of force and weapons by law enforcement authorities for maintaining public order; urges the prohibition of certain types of less-lethal weapons and devices for maintaining public order, such as tear gas, stun grenades and LBD 40 launchers; calls on Member States to refrain from adopting restrictive laws concerning freedom of assembly;
Amendment 300 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that under international human rights law, certain restrictions can be lawfully placed on the right to freedom of peaceful assembly in order to protect public health or other legitimate interests, but they must be provided by law and be necessary and proportionate to a specific aim; expresses deep concern at imposing blanket bans on protests, prohibiting or restricting protests where other public gatherings of similar sizes remained unaffected or using force against peaceful protesters;
Amendment 301 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the COVID-19 pandemic does not relieve law enforcement authorities of their obligation to carefully balance the interests at stake and to use their powers in a manner that complies with their human rights obligations; recalls that when violations of human rights related to policing and the use of force have taken place, Member States must conduct prompt, thorough, effective and independent investigations, and ensure that all those responsible are held accountable in fair trials;
Amendment 305 #
2021/2186(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 306 #
2021/2186(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. ICalls concerned about the use of the vague notion of ‘hate speech’; calls on the Commission and the Member States to work, in cooperation with internet companies, to provide adequate safeguards, in particular to ensure that any interference is limited to what is necessary and proportionate, and to include the possibility of judicial redress; the Member States to ensure proper involvement of social-legal protection bodies regarding children and social guardianship in marginalised Roma communities in order to ensure that children receive the protection and care necessary for their well-being and development, while respecting their best interests and to put in place procedures tailored to the different needs of marginalised Roma communities in order to carry out their duties in the same way as for children from the majority population;
Amendment 309 #
2021/2186(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 310 #
2021/2186(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for transparent implementation and public review of the EU Guidelines on the promotion and protection of freedom of religion or belief, adopted by the Council on 24 June 20137 , as called for by Parliament in its resolution of 15 January 2019 on EU Guidelines and the mandate of the EU Special Envoy on the promotion of freedom of religion or belief outside the EU8 ; calls for progress reports on the implementation of the Guidelines to be communicated regularly to Parliament and the Council; __________________ 7 https://www.consilium.europa.eu/uedocs/c ms_data/docs/pressdata/EN/foraff/137585 .pdf 8 OJ C 411, 27.11.2020, p. 30.Deplores the fact that the practice of segregation of children from minority groups in schools remains a significant issue in Europe; emphasises that such practices often stem from misdiagnosing these children with intellectual disabilities based on their social or personal circumstances; calls on the Member States to strengthen their inclusive policies to prevent these discriminatory practices, both intentional and non-intentional and to put in place supervisory mechanisms in order to review and where necessary reverse diagnostic decisions;
Amendment 314 #
2021/2186(INI)
Motion for a resolution
Subheading 6
Subheading 6
Amendment 315 #
2021/2186(INI)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Recalls the European Parliament resolution of 19 June 2020 on the anti- racism protests following the death of George Floyd which reaffirms that Black Lives Matter; Reinstates its support for the massive protests in European capitals and cities all around the world against racism and discrimination following the death of George Floyd in 2020;Supports the protesters’ call to take a stand against oppression and structural racism in Europe;
Amendment 316 #
2021/2186(INI)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Expresses its deep concern at the information that has been published about the European Border and Coast Guard Agency, acknowledging its involvement and knowledge in pushbacks; Calls on the Commission to investigate and to take the necessary measures in Frontex to put an end to these practices;
Amendment 317 #
2021/2186(INI)
Motion for a resolution
Subheading 6 b (new)
Subheading 6 b (new)
Notes that the EU Agency for Fundamental Rights pointed out that discriminatory institutional practices, policies and laws exist in many EU Member States;
Amendment 318 #
2021/2186(INI)
Motion for a resolution
Subheading 6 c (new)
Subheading 6 c (new)
Is concerned by individual, structural, and institutional forms of racism and xenophobia in the EU and rising discrimination against Arabs, Black Europeans, People of Asian descent, Jewish people, Muslims, and Romani people;
Amendment 319 #
2021/2186(INI)
Motion for a resolution
Subheading 6 d (new)
Subheading 6 d (new)
Stresses that as pointed out in the Fundamental Rights Agency’s 2021Report, Member States should significantly improve the effectiveness of their measures and institutional arrangements for applying fully and correctly the Racial Equality Directive in particular by enhance the independence of equality bodies by ensuring they are appropriately mandated and resourced to fulfil effectively the tasks assigned to them in the EU’s non-discrimination legislation;
Amendment 320 #
2021/2186(INI)
Motion for a resolution
Subheading 6 e (new)
Subheading 6 e (new)
Welcomes the appointment of the EU Coordinator on Anti-Racism in May2021, the organisation of the EU Anti-Racism Summit, the creation of a Permanent Forum of consultation with civil society on anti-racism and the Council Conclusions on racism and antisemitism;
Amendment 321 #
2021/2186(INI)
Motion for a resolution
Subheading 6 f (new)
Subheading 6 f (new)
Calls on the Member States to ensure the full implementation of legislation and to pass the Equal Treatment Directive in order to combat persisting racism and discrimination against racialised/ethnic groups, religious minorities, people with disabilities and LGBTIQ+ people;
Amendment 322 #
2021/2186(INI)
Motion for a resolution
Subheading 6 g (new)
Subheading 6 g (new)
Calls on the Member States to adopt National Action Plans Action Racism(NAPARs) by the end of 2022 and prioritise actions to tackle lack of access to justice, and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality;
Amendment 324 #
2021/2186(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 325 #
2021/2186(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Fully supports the work of Frontex in their difficult task protecting the EU external borders against floods of illegal migrantsHighlights Article37 of the Charter of Fundamental Rights of the European Union, which affirms that measures towards achieving a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union;
Amendment 326 #
2021/2186(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that Member States with external borders still face high migratory pressure as well as the risk of becoming hotspots; the protection of external borders is essential in order to combat violation of fundamental rights such as smuggling and human trafficking; commends the work of fundamental rights officers integrated in the European Border and Coast Guard Agency, which has an important role to play against organised crime at Europe’s external borders;
Amendment 327 #
2021/2186(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Condemns that some Member States have adopted laws, policies and practices that undermine the effective protection of the human rights of refugees, asylum seekers and migrants, on land and at sea; calls on the European Commission and Member States to put the human rights of migrants, asylum seekers and refugees, as well as the principle of responsibility sharing, at the centre of its migration and asylum policies;
Amendment 329 #
2021/2186(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
Amendment 330 #
2021/2186(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the Member States to ensure the effective and early identification of asylum seekers with special needs, their prompt access to adapted reception conditions and the provision of procedural guarantees; calls on the Member States and the Commission to take the necessary measures to provide information and ensure transparency concerning the detention of migrants and asylum seekers in Member States;
Amendment 331 #
2021/2186(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 333 #
2021/2186(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Strongly condemns NGOs masquerading as aid agencies while facilitating the smuggling of unqualified migrants into the EU; urges the Commission to cease funding such entitiesCalls on the Commission to adopt the respective legislative initiatives without delay, and to follow with the adoption of further planned legislation in accordance with the original timeline; emphasises the urgent need of including relevant environmental concerns into the decision-making process of all policies and initiatives and believes that sustainability must be the guiding principle for all macroeconomic policies to ensure the just transition to an environmentally sustainable economy, while protecting and creating sustainable employment; and in order to deal with one of the most significant threats facing humanity;
Amendment 334 #
2021/2186(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Strongly condemns NGOs masquerading asesses that the saving of lives is a legal obligation under international law aind agencies while facilitating the smuggling of unqualified migrants into the EU; urges the Commission to cease funding such entitieEU law; strongly condemns criminal proceedings initiated in some Member States against civil society organisations and individuals for providing humanitarian assistance to migrants; calls on Member States to ensure that prosecution is not pursued against individuals and civil society organisations assisting migrants for humanitarian reasons;
Amendment 339 #
2021/2186(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes with regret that during the Covid-19 pandemic the Roma population has been scapegoated on many occasions, especially during the first wave; notes that they were exposed to stigmatization, discrimination and hate speech linking the virus to their ethnicity; deplores that some media and social networks often portrayed Roma as a public health hazard responsible for spreading the virus;
Amendment 341 #
2021/2186(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Regrets that COVID-19 pandemic disproportionately affected the marginalized Roma communities due to poor housing conditions, limited access to water, electricity and sanitation; notes that their situation was further exacerbated by poverty, as many of them were left without any income due to strict quarantine measures;
Amendment 342 #
2021/2186(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Is appalled by the fact that throughout the pandemic the younger generation of Roma had little access to schooling due to limited access to internet and appropriate IT equipment, which left them behind the school education even further;
Amendment 343 #
2021/2186(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Calls on the Commission and the Member states to step up their policies of addressing the poverty and social exclusion of Roma communities, with a special attention to the rights of Roma women and children;
Amendment 344 #
2021/2186(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 346 #
2021/2186(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to adhere to its competences under the treaties, and not seek to encroach on Member StatCalls for the EU wide implementation of the Aarhus Convention that links environmental rights and human rights; highlights that environmental impairment and the failure of some public authorities to provide information about serious environmental risks to which individuals are exposed, may have soevereignty, especially in the area of health legislation; harmful consequences for individuals; calls for the protection of journalists, activists, NGOs, rights defenders, whistleblowers and public watchdogs acting in these fields.
Amendment 347 #
2021/2186(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 349 #
2021/2186(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines that the respect for fundamental rights at borders remained one of the top human rights challenges in the EU; strongly condemns the pushbacks and fundamental rights violations at external borders, as well as of the criminalisation of humanitarian workers and activists and of the use of EU funding, which has disproportionately served to construct closed facilities and strengthen external borders; calls on the Commission and the Member States to investigate all the allegations of pushbacks and fundamental rights violations and increase transparency on the measures taken;
Amendment 350 #
2021/2186(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Expresses deep concerns about the increased use of technology at borders, which is proved to be extremely intrusive on individuals; urges the Commission and the Member States to set up independent monitoring mechanisms at borders, which should also cover the monitoring of border-surveillance activities, and to ensure fundamental rights compliance;
Amendment 351 #
Amendment 353 #
2021/2186(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 355 #
2021/2186(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deeply regrets the draconian imposition of the EU Digital COVID Certificate, which has seen the fundamental rights of every EU citizen damaged or lost; notes that the costs (financial as well as psychological) far outweigh any health benefits, as healthy people and those at low risk of death from COVID-19 are forced to obey ever- changing, unreasonable, disproportionate and ineffective legal mandates in order to meet their family, enter their workplace (including the premises of the European Parliament), cross Schengen borders, attend a place of worship, or enter a concert hall, shopping centre or social club; notes that the costs of these unprecedented governmental controls will be regretted by many for decades to come;Calls on the Council to urgently conclude the EU ratification of the Istanbul Convention on the basis of a broad accession without any limitations, and to advocate its ratification by all the Member States, in particular Bulgaria, Czechia, Hungary, Latvia, Lithuania and Slovakia which haven’t ratify it ; Strongly condemns the attempts in some Member States, in particular Poland, to revoke measures already taken in implementing the Istanbul Convention and in combating violence against women and to step out of the Convention.
Amendment 357 #
2021/2186(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Emphasises that the COVID-19 pandemic showed severe gaps in the capacity and preparedness of healthcare, education, employment and social protection systems of Member States; strongly believes that Member States must greatly improve their healthcare, social welfare and social assistance systems to ensure they provide full support to everyone, and notably to those more vulnerable, even during a crisis, thereby adequately protecting health, economic and social rights of all; Recalls that in accordance with Article 6 of the TFEU the competence to protect and improve human health lies with the EU Member States; underlines the high level of Covid- 19 comorbidities among chronic patients; recalls the critical situation of patients with rare diseases in many Member States, lacking diagnosis, proper treatment and medical care;
Amendment 359 #
2021/2186(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Highlights that, due to the emergency measures adopted in many Member States, physical access to doctors and healthcare services, including hospitals, was limited, non-urgent medical treatments, including surgical interventions, were often postponed, number of hospitalised cancer patients dropped severely and the right to healthcare was repeatedly and systemically violated; calls the Member States to respect the right to healthcare of all the people, and remove any restrictions that would discriminate people in having access to proper healthcare;
Amendment 360 #
2021/2186(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Member States to ensure that restrictions on Fundamental Rights resulting from the pandemic are lifted as soon as the situation of public health allows, and that all rights and freedoms are restored in full;
Amendment 361 #
2021/2186(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 363 #
2021/2186(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses grave concern about the excessive lockdown measures, which have put businesses into debt and closure, seen people separated from their loved ones and families (often during their final hours), increased mental illness through isolation, led to rises in domestic violence, as people are imprisoned in their homes and prevented from having external contact, and seen children unnecessarily masked and vaccinated; urges the Member States to encourage early treatment of the SARS-CoV-2 infection9 ; __________________ 9 Alexander, P.E. et al. ‘ECondemns the continuous and persistent backlash in some Member States, particularly Poland, Slovakia, Croatia or Lithuania, against women’s rights, including sexual and reproductive health and rights; emphasises that restrictive abortion laws do not only represent a flagrant violation of the human rights of women and girls and their bodily autonomy, but their effects are also contra-productive and in direct opposition to their proclaimed goal of saving lives, as illustrated by the cases of two Polish women who died of sepsis after having been denied life-saving abortion; urges the Member States to take effective steps to remedy such existing violations of human rights and women´s rights and to put necessarly multidrug treatment of SARS-CoV-2 infection (COVID-19) and reduced mortality among nursing home (or outpatient/ambulatory) residents’, PMC, 5 June 2021, https://www.ncbi.nlm.nih.gov/pmc/articles /PMC8178530/echanisms in place to prevent their occurrence in the future; calls on the Commission to put greater emphasis on sexual and reproductive health and rights in its annual Rule of Law Report;
Amendment 365 #
2021/2186(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses grave concern about the excessive lockdown measures, which have put businesses into debt and closure, seen people separated from their loved ones and families (often during their final hours), increased mental illness through isolation, led to rises in domestic violence, as people are imprisoned in their homes and prevented from having external contact, and seen children unnecessarily masked and vaccinated; urges the Member States to encourage early treatment of the SARS-CoV-2 infection9 ; __________________ 9 Alexander, P.E. et al. ‘Early multidrug treatment of SARS-CoV-2 infection (COVID-19) and reduced mortality among nursing home (or outpatient/ambulatory) residents’, PMC, 5 June 2021, https://www.ncbi.nlm.nih.gov/pmc/artRecalls that during the pandemic of Covid-19 some Member States restricted access to sexual and reproductive health and rights services, including abortion; strongly emphasizes that sexual and reproductive health and rights services must be recognized as essential and be available even during global health emergencies, given the time- sensitivity of the nature of these servicles /PMC8178530/;
Amendment 369 #
2021/2186(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 371 #
2021/2186(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the President of Parliament to rescind the obligation for Parliament staff to show their EU Digital COVID Certificate in order to access their workplace, as this is in contravention of the GDPR, whereby personal data collected f1. Is alarmed by the significant increase in domestic violence during the pandemic of Covid-19; commends prompt responses by some national, regional and local governments to put in place measures to help victims of domestic violence, such as expansion of helplines and information sharing, introduction of codeword schemes at pharmacies, pop-up counselling centres at grocery shops or cone purpose (crossing borders) cannot be repurposed for another (entering Parliament’s premises), with the privacy contraventions this entails; further urges her to seek assurance that DNA data has not been collected, stored and transferred to third partiescealed applications to facilitate reporting of domestic violence and abuse; points out, however, to the general lack of shelters or other safe accommodation options for survivors of domestic violence; therefore urges the Member States to allocate adequate funding to existing shelters to help them increase their capacities, as well as to facilitate the setting-up of additional shelters and safe housing facilities for survivors, including for accompanying minors; moreover calls on the Member States to ensure that services for survivors are regarded as essential and remain open, and are complemented by adequate and specialized training for police forces as well as targeted justice responses with the aim to increase preparedness for the future;
Amendment 373 #
2021/2186(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 376 #
2021/2186(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Regrets the backlash against women’s and girl’s rights intensified as some Member States have sought to roll back on sexual and reproductive health and rights using Covid-19 pandemic as a pretext for limitation of access to abortions, contraception and gynaecological services, underlines that despite the pandemic in some Members States there have been attempts to restrict existing legal protections for women’s access to abortion are, including the introduction of regressive pre-conditions before abortions can take place, such as mandatory biased counselling or waiting period; particularly condemns that Slovakia count more than 20 parliamentary attempts of limitation of access to abortions over this period of time;
Amendment 378 #
2021/2186(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes that the COVID-19 pandemic has adversely affected the religious freedoms in the European Union, due to the introduction of unprecedented sanitary measures;
Amendment 380 #
2021/2186(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Is alarmed at the rise of attacks on places of worship in the EU, including churches; encourages the continued integration of protection of places of worship in public spaces, recognising their specificity and vulnerability;
Amendment 383 #
2021/2186(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 384 #
2021/2186(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Recognises that poverty is another form of discrimination that results in the violation of fundamental rights, especially of those groups whose rights are already most affected, such as women, migrants, black people and people of colour and ethnic minorities, the LGBTIQ community and children; highlights the particular vulnerability of children and the impact that poverty has on them and on their physical and psychological development; it calls on the Commission, the Council and the Member States to develop policies to reduce poverty, with special attention to children; calls on the Member States to guarantee access to health care, quality education and housing on an equal footing for all and to put an end to the reduction of public services, which has led to higher rates of poverty and, above all, inequality; recalls that economic and social rights are fundamental rights; reiterates its call on the Council and the Commission to consider fundamental rights while making economic policy proposals;
Amendment 385 #
2021/2186(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Notes that hybrid attacks, in various forms, scales and nature, pose a challenge to fundamental rights and freedoms across the EU; notes that the severity of current hybrid threats by foreign authoritarian regimes and malicious actors aim to undermine fundamental rights and legitimacy of democratically elected authorities;
Amendment 389 #
2021/2186(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Welcomes the sanctions regimes recently set up by the EU, such as the restrictive measures against cyberattacks threatening the Union and its Member States and the EU Global Human Rights Sanctions Regime (EU Magnitsky Act), in order to equip the EU with deterrence tools towards third countries undermining fundamental rights; notes that a deteriorating situation in the EU’s immediate neighbouring countries has a direct impact on the EU; calls on the Commission to ensure that serious acts of corruption are included in the EU’s sanction system;
Amendment 390 #
2021/2186(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Stresses that the right to a quality job that allows compatibility with personal and family life and development should be guaranteed by the Member States, as it is the best way to end poverty; recognises that the existence of cases of labour exploitation and abuse is a clear violation of this right; calls on the Member States to strengthen labour inspections and to take measures to end labour abuse;
Amendment 392 #
2021/2186(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Emphasizes that the availability of online services throughout the Union is one of the fundamental preconditions for full societal inclusion in Europe; observes that some parts of the European Union are still not covered by quality online services, most often in rural areas, which could lead to further widening the inequality gap among European citizens; encourages the Commission and the Member States to accelerate the digital transformation of the European Union, which focuses on human well-being, includes all generations equally and addresses security in the online space;
Amendment 4 #
2021/2180(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the judgments of the CJEU on 16 February 2022 in cases C-156/21 Hungary v Parliament and Council and C-157/21 Poland v Parliament and Council on the measures for the protection of the Union budget,
Amendment 22 #
2021/2180(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to its resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights,
Amendment 42 #
2021/2180(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
Amendment 76 #
2021/2180(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the majority of citizens in Poland does not support unlawful and anti-democratic actions, which were undertaken by the government facing severe allegations concerning breaches of the rule of law.
Amendment 77 #
2021/2180(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the Citizens, Equality, Rights, and Values Programme allows bypassing the governments and enables to support EU citizens directly.
Amendment 139 #
2021/2180(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with satisfaction that the report contains country-specific chapters; commends the Commission’s efforts to engage with national governments and national parliaments, as well as civil society and other national actors; encourages the Commission to devote greater efforts to deepening the analysis, and invites the Commission to ensure proper resources for that; believes that more time should be devoted to the Commission’s country visits, including on site; takes note of the country-specific discussions under the framework of the Commission’s annual rule of law report during each Council Presidency; suggests to focus these discussions on the Member States with the most pressing rule of law issues to be discussed in the first place, instead of in alphabetical order; emphasises that increased transparency would enhance the rule of law dialogue within the EU and therefore invites the Council to make these country-specific discussions public, including detailed public conclusions;
Amendment 191 #
2021/2180(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; stresses that internal rule of law deficiencies may have a detrimental effect on the credibility of the EU’s foreign policy, in particular towards its immediate neighbourhood and candidates and potential candidates for EU membership;
Amendment 200 #
2021/2180(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the 2021 report could have provided clearer assessments, stating whether there were deficiencies, a risk of a serious breach or an actual breach of Article 2 TEU values in each of the pillars analysed in the country chapters; calls for a more integrated analysis on the interlinkages between the four pillars and of how combined deficiencies may amount to breaches or risks of a breach; emphasises that the annual Commission report should not merely be a description of previous events, but instead an analytical and prescriptive instrument in order to fulfil its preventive and mitigative purposes;
Amendment 218 #
2021/2180(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends that the Commission indicate next to each of its recommendations the appropriate tools for the EU institutions to use if the shortcomings are not remedied; calls on the Commission not to hesitate in using those tools, especially when there is no trust in a quick implementation of the recommendations or a risk of further deterioration;
Amendment 226 #
2021/2180(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets the fact that both the 2020 and the 2021 reports fails to fully encompass the Article 2 TEU values of democracy and fundamental rights, which are immediately affected when countries start backsliding on the rule of law; reiterates the intrinsic link between the rule of law, democracy and fundamental rights;
Amendment 228 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Reaffirms the fact that EU law has primacy over national law, regardless of the way in which national justice systems are organised; deplores the serious and structural problems regarding judicial independence in certain Member States; invites the Commission to include strong binding recommendations in its 2022 report in order to ensure the independence of the judiciary in any EU Member State;
Amendment 232 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Recalls that media freedom and plurality are essential to democracy; is alarmed by the increasingly hostile environment in which media are operating inside many EU Member States, characterised by a high amount of violent incidents and threats against journalists, oppressive strategies by EU governments such as the use of strategic lawsuits against public participation (SLAPPs) and smear campaigns, and increasing state control over public media; stresses that the COVID-19 pandemic has further exacerbated challenges already faced by media operators; regrets that the 2021 report does not reflect the gravity of these trends, especially related to state control, strategic lawsuits and smear campaigns by certain EU Member States; urges the Commission to improve the media related chapters in this regard, to introduce EU legislation against the use of SLAPPs establishing minimum standards and to present an ambitious legal framework to counter the growing politicisation of the media in certain Member States in the upcoming Media Freedom Act; calls on the Commission to explore possibilities for additional and more flexible funding for independent, investigative journalism in the EU;
Amendment 235 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Stresses that media freedom is closely related to artistic and academic freedom; underlines that the independence of education systems is under threat when the autonomous organisational structure of its institutions is not secured; calls, therefore, on the Commission to include all aspects of freedom of expression in its rule of law report;
Amendment 237 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Underlines that fair and free elections are among the absolute minimum standards for a functioning democracy and that every election process in the EU should be without any irregularities; urges the Commission to take all measures necessary once the risk of manipulation of elections in an EU Member State is identified; stresses that in case of the observation by the OSCE that elections have not taken place in a fair and free manner, strong consequences must be attached to this under the Article 7 Procedure;
Amendment 252 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses particular concern about continued and systematic attacks on the fundamental rights of LGBTI+ persons, reinforced by the deterioration of the rule of law in several EU Member States; regrets that this development is not consistently reflected in the Commission’s rule of law report; calls on the Commission to systematically address this issue in all relevant country reports and the synthesis report;
Amendment 307 #
2021/2180(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Strongly condemns EU Member States refusing to engage in the annual Rule of Law dialogue; considers this refusal to be enough for the Commission to accelerate and refine further the situation in these countries concerned;
Amendment 321 #
2021/2180(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls its position regarding the involvement of a panel of independent experts to advise the three institutions, in close cooperation with the FRA; asks its Bureau, in light of the reluctancecalls ofn the Commission and the Council, to organise a public procurement procedure in order to create such a panel under the auspices of Parliament as a first step, in order to advise Parliament on compliance with Article 2 TEU values in different Member Statesto add their input as an annex to the report and include a justification of how these inputs were included in the annual report;
Amendment 356 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; recalls that the applicability, purpose and scope of the Regulation are clearly defined and do not need to be supported by further explanations; condemns the Commission’s intention to still draft guidelines even after the CJEU ruling confirming the legality and validity of the Regulation; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule law;
Amendment 362 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to present a legislative proposal, which allows bypassing the governments, for which measures for the protection of the Union budget have been adopted in accordance with the procedure set out in the Article 6 of the Regulation 2020/2092 on a general regime of conditionality for the protection of the Union budget, in order to ensure that end beneficiaries receive their allocations without the involvement of the governments facing severe allegations concerning breaches of the rule of law.
Amendment 10 #
2021/2103(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Statement of the Commissioner for Human Rights of the Council of Europe of 16 May 2019 titled ‘Let’s defend LGBTI defenders’,1a _________________ 1a https://www.coe.int/en/web/commissioner/ -/let-s-defend-lgbti-defenders
Amendment 22 #
2021/2103(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas civic activism is the fabric of a truly functioning democracy where rights of minorities are safeguarded and respected;
Amendment 33 #
2021/2103(INI)
Motion for a resolution
Recital G
Recital G
G. whereas freedom of expression has been restricted in some Member States; whereas strategic lawsuits against public participation (SLAPPs) have also been used to target civil society organisations (CSOs) and human rights defenders; whereas these exert a severe chilling effect on freedom of expression and public activism;
Amendment 47 #
2021/2103(INI)
Motion for a resolution
Recital I
Recital I
I. whereas in some Member States, restrictions have been imposed with the deliberate aim of limiting civic space and are accompanied by legal, administrative and fiscal harassment, criminalisation and negative rhetoric aimed at stigmatising and delegitimising CSOs and draining their capacity to carry out their legitimate work; whereas hate speech, harassment and attacks also emanate from non-state actors; whereas CSOs working on women’s rights, including sexual and reproductive health and rights, environmental issues and, the protection of minorities and LGBTI rights and freedom of media and expression, as well as those providing assistance to asylum seekers, and those involved in search and rescue operations, are particularly exposed;
Amendment 49 #
2021/2103(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the situation of LGBTI rights defenders in Europe was described as worrying by the Commissioner for Human Rights, who reported several instances of online and offline harassment, violent assaults, hate campaigns and death threats in Member States and neighbourhood countries; whereas this trend is interlinked with the scapegoating of other minority groups and it contravenes the principle that every person is born equal in dignity and rights;
Amendment 73 #
2021/2103(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the emergence of government-organised non-governmental organisations (GONGOs) designed to support the political legitimacy of those in power constitutes one of the gravest forms of attack against CSOs, jeopardising their existence by undermining active citizenship and depriving them of public funding;
Amendment 80 #
2021/2103(INI)
Motion for a resolution
Recital O
Recital O
O. whereas foreignnon-native funding has been the target of legal and political attacks in some Member States;
Amendment 97 #
2021/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects, such as SLAPPs, incitement to hatred and/or violence against rights defenders and organisations, and the creation of legal or administrative hurdles affecting their daily operations;
Amendment 101 #
2021/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects;
Amendment 130 #
2021/2103(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the scapegoating of minorities and vulnerable groups such as women and LGBTI persons is not an isolated event, but functions as a premeditated and gradual dismantling of fundamental rights, which are protected in Article 2 TEU, constituting part of a larger political agenda which has been called ‘anti-gender’ campaigns; calls on Member States to be particularly cautious of initiatives that attempt to roll-back on acquired rights which were designed to prevent and protect persons from discrimination and to promote equality;
Amendment 137 #
2021/2103(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the ability of CSOs to act depends on the existence of an enabling legal and political environment, in particular on the exercise of freedom of association, peaceful assembly and expression; urges Member States to guarantee the exercise of these rights in conformity with Union and international standards;
Amendment 145 #
2021/2103(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the contribution of CSOs to the single market and the social economy, as well as their role in the realisation of EU values and policies, is a strong argument for removing the barriers to their operations at EU level; calls on the Commission, therefore, to propose legislationmeasures, including legislative measures to approximate Member State laws in this regard;
Amendment 152 #
2021/2103(INI)
9. Calls on the Commission to include a systematic civic space check in its impact assessments in order to prevent planned legislation from having negative effects on civic spacefoster the participation of CSOs in implementation of EU legislation and non-legislative measures;
Amendment 163 #
2021/2103(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to limit peaceful assemblies only if strictly necessary and in a proportionate way; condemns any unnecessary and disproportionate use of force against protesters, as well as their criminalisation and surveillance; calls on the Commission to issue guidelines for the protection of freedom of peaceful assembly;
Amendment 172 #
2021/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns any threats and attacks perpetrated on CSOs by state owned and state linked actors; equally condemns all instances of attacks and threats perpetrated by non-state actors, including, but not limited to SLAPPs;
Amendment 178 #
2021/2103(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges Member States to unequivocally condemn such acts, adopt preventive and effective measures and systematically investigate any related allegations;
Amendment 185 #
2021/2103(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Restates that no proper response has yet been given to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights to be governed by an interinstitutional agreement between Parliament, the Commission and the Council; calls on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement pursuant to Article 295 TFEU; recalls that the monitoring of civic space is deeply linked with democracy and fundamental rights, and that a mechanism to monitor Article 2 TEU values is the best tool for a holistic approach in such respect;
Amendment 198 #
2021/2103(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to propose a comprehensive set of measures and recommendations to ensure long-term financing for CSOs; stresses that EU funding for CSOs should avoid red-tape measures; stresses the importance of securing complementary sources of funding; emphasises that public funding should cover all types of civil society activities;
Amendment 232 #
2021/2103(INI)
18. Urges the Commission to ensure that EU funds are only awarded to organisations that are strictly independent from any governmentauthorities and commercial entities and fully adhere to EU values;
Amendment 242 #
2021/2103(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns attempts by certain Member States to impose limitations on foreign funding and the related political narratives they have promulgated and measures they have taken with the aim of stigmatising and harassing CSOs;
Amendment 243 #
2021/2103(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns attempts by certain Member States to impose limitations on foreignnon-native funding and the related political narratives they have promulgated and measures they have taken with the aim of stigmatising CSOs;
Amendment 18 #
2021/2046(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Amendment 52 #
2021/2046(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes note of the Commission’s communication entitled ‘Sustainable and Smart Mobility Strategy – putting European transport on track for the future’ and points out shortcomings that need to be overcome; stresses that the sector's potential to reduce its emissions, noise and air pollution and congestion is greatly dependent on investment in environmentally sustainable public transport systems, which must give rise to a paradigm shift in mobility, which is overly focused on individual transport;
Amendment 62 #
2021/2046(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that shifting passenger transport from private vehicle use to the use of more sustainable a way as public transport and shared mobility plays an important role towards the goals of the Green Deal. Such a shift need to be achieved in a balance between environmental, economic feasibility, and social equity criteria for such transport solutions;
Amendment 110 #
2021/2046(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that a sustainable mobility strategy must encompass all methods of transport, increasing the modal share of the most, sustainable means ofobility solutions, such as collective public transport, as well as the different levels of travel – local, regional, national and international – and should be inextricably linked to suitable spatial planning and land use; underlines the particular challenges of mobility in urban areas and advocates a public transport pricing policy that incentivises greater use thereof;
Amendment 189 #
2021/2046(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the role of Renewable Energy Directive in the progressive decarbonisation of transport fuels through the development and deployment of renewable fuels.
Amendment 200 #
2021/2046(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Encourage the Commission to assess the possibility of adjusting the EU’s renewable energy targets to allow it to be met by selecting zero carbon technologies such as hydrogen.
Amendment 209 #
2021/2046(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Rejects the direct inclusion of emissions from road transport in the EU ETS, including the setting up of any kind of parallel scheme;
Amendment 214 #
2021/2046(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Emphasises the benefits for the European economy of an early transition to zero-emission vehicles that the life cycle assessment findings have found to have the lowest climate impact; calls on the Commission improve CO2 standards and air-pollutant emission standards for all road transport;
Amendment 217 #
2021/2046(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Deeply regrets that Energy Taxation Directive does not support the EU’s climate change policies and the polluter pays principle, and the significant development of EU climate and energy policies is not reflected in the directive; emphases that taxation of fuels according to volume and not according to their energy content discriminates against renewable fuels and supports the use of the most energy and emission-intensive energy products.
Amendment 223 #
2021/2046(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Stresses that present sector- specific energy tax exemptions or reductions, notably in the aviation, maritime, and road haulage, may promote an inefficient and polluting mode of transport; Calls on Commission, to provide framework for minimum tax rates that differentiate fuels according to their climate performance with relevance for greenhouse gas emission reduction in the transport sector;
Amendment 230 #
2021/2046(INI)
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Underlines the need to adjust related policies accordingly where necessary that regulates the working conditions, rights and access to social protection;
Amendment 233 #
2021/2046(INI)
Draft opinion
Paragraph 4 i (new)
Paragraph 4 i (new)
4i. Stresses that access to social protection should be equal for all workers, regardless of the type of their work – be it employment, self-employment, or micro entrepreneurship;
Amendment 236 #
2021/2046(INI)
Draft opinion
Paragraph 4 j (new)
Paragraph 4 j (new)
4j. Welcomes the announced proposals on sustainable fuels for aviation and maritime; Underlines, that any further fundamental changes to the European air traffic management shall be based on comprehensive impact assessment and cost-benefit analysis, taking into account any social effects and member states' sovereignty in the context of Chicago Convention;
Amendment 238 #
2021/2046(INI)
Draft opinion
Paragraph 4 k (new)
Paragraph 4 k (new)
4k. Stresses the need for additional funding under the MFF 2021-2027 and beyond for the deployment of Intelligent Transport Systems for road transport, including of next-generation networks such as 5Gand 6G and the underlying road infrastructure, and of the development of secure and resilient cybersecurity solutions in the field of connected and automated mobility (CAM), inter alia through the dedicated funds under Horizon Europe and Digital Europe Programs;
Amendment 240 #
2021/2046(INI)
Draft opinion
Paragraph 4 l (new)
Paragraph 4 l (new)
Amendment 243 #
2021/2046(INI)
Draft opinion
Paragraph 4 m (new)
Paragraph 4 m (new)
4m. Notes that the shift towards connected and automated mobility will generate an exponential volume of high- value data, such as personal identifiable information and commercial (meta)data, including new algorithms; stresses the need to ensure that all private and public operators that process such data are fully implementing their obligations as defined in Union data protection and cybersecurity legislation;
Amendment 247 #
2021/2046(INI)
Draft opinion
Paragraph 4 n (new)
Paragraph 4 n (new)
4n. Welcomes the announced proposals on sustainable fuels for aviation and maritime. Underlines that any use of biofuels should be limited to those complying with strict sustainability standards and take into account full life- cycle emissions;
Amendment 249 #
2021/2046(INI)
Draft opinion
Paragraph 4 o (new)
Paragraph 4 o (new)
4o. Support the Commission’s plans to extend the ETS regulation to the maritime sector and calls for this extension to be in line with the existing scope of the MRV shipping regulation; Furthermore it emphasises that this extension cannot stand alone and must be complemented by the introduction of a ship efficiency standard;
Amendment 3 #
2021/2036(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the Charter of Fundamental Rights of the European Union, and especially Articles 11, 20, 47 and 48 thereof,
Amendment 10 #
2021/2036(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
— having regard to LGBTIQ Equality Strategy (2020-2025) (COM(2020)698),
Amendment 17 #
2021/2036(INI)
Motion for a resolution
Citation 35 a (new)
Citation 35 a (new)
— having regard to the Council of Europe Recommendation of the Committee of Ministers to Member States on the protection of journalism and safety of journalists and other media actors CM/Rec(2016)4[1]
Amendment 21 #
2021/2036(INI)
Motion for a resolution
Citation 45 a (new)
Citation 45 a (new)
— having regards to the LIBE draft report with recommendations to the Commission on combating gender-based violence: cyberviolence of 20th May 2021
Amendment 29 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive; whereas NGOs play a vital part in ensuring the voice of minorities and the marginalised is heard;
Amendment 30 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive and the shrinking of the space available for civil society work can negatively impact democracies;
Amendment 33 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive and for the rule of law to be upheld;
Amendment 54 #
2021/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing public participation including investigating and reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation and activism including by violating civil liberties such as freedom of association, assembly and freedom of expression and of information thus resulting in lessening societal resilience against authoritarian pushback against democracy and rule of law;
Amendment 60 #
2021/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation; and freedom of expression and of assembly
Amendment 75 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academicmedia organisations, academics, watchdogs, human rights defenders, whistle blowers, civil society and NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis, the Slovenian investigative news outlet Necenzurirano recently hit by a barrage of 39 lawsuits and continuous lawsuits against defenders of women's rights in Poland;
Amendment 76 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society, activists, artists and NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facinged 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming casRealtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, the Polish artists behind the artistic project "The Atlas of Hate" which reacted to the establishment of so-called "LGBT Free Zones" include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place Poland, advocacy organisation SumOfUs who faced a libel lawsuit from PayPal after organising a peaceful protest against the company's alleged relationship with a neo-Nazi group, Sherpa and ReAct who have together faced 20 lawsuits from Bollore Group, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;
Amendment 83 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society andhuman rights defenders and civil society organisations, including NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;
Amendment 85 #
2021/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the LGBTIQ Equality Strategy acknowledges that civil society organisations protecting and advancing the rights of LGBTIQ people increasingly report that they face hostility, coinciding with the rise of the anti-gender (and anti- LGBTIQ) movement; whereas LGBTI activists are often the targets of defamation campaigns due to their advocacy work for LGBTI equality; whereas Polish activists such as the ‘Atlas of Hate’ group and the creator of the ‘LGBT-free zone’ photo project (Bart Staszewski) are currently facing several SLAPP cases and are liable for dozens of thousands of euros if they lose them;
Amendment 86 #
2021/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas SLAPPs against civil society, journalists and human rights defenders often serve the purpose of harassing them and their activities, often causing them to consider whether to continue exercising their freedom of expression or to instead exercise self- censorship and restraint in order to avoid legal repercussions; whereas many civil society organisations, including NGOs, journalists and human rights defenders may consider the trade-off to be too costly and instead opt for self-censorship; whereas this illustrates the ‘chilling effect’ SLAPPs have on those seeking to exercise rights freely;
Amendment 100 #
2021/2036(INI)
Motion for a resolution
Recital D
Recital D
D. whereas SLAPPs within the Union are often cross-border in nature, which results in reporting delays as illustrated in many cases, often relating to cases of environmental protection, financial fraud and/or corruption, where they constitute a clear attempt to delay publication of information by halting or discrediting the work of individual journalists and publishing entities, hence depriving citizens of their right to information; whereas SLAPPs and SLAPP threats may be brought within the Union also by actors in third countries and before courts in third countries;
Amendment 109 #
2021/2036(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the murders of David Beriain and Roberto Fraile in Burkina Faso on the 26 April 2021 are the last of an increasing list of despicable assassinations of European journalists in Europe and abroad; whereas the OSCE reports that impunity prevails as, for example, fewer than 15 % of murders of journalists in the OSCE region are solved;
Amendment 114 #
2021/2036(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas SLAPP suits can be issued by private entities and public actors including state-owned companies thus becoming a tool of exerting political power; whereas in the case of public authorship of SLAPPs the damage borne by SLAPP victims can be even greater;
Amendment 124 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining freedom of expression, media freedom and public democratic participation threatens– including freedom of expression, media freedom and rights to peaceful assembly and association and on Union values as enshrined in Article 2 of the TEU; welcomes the fact that the 2020 rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the 2021 annual and subsequent reports to include a thorough assessment of the legal environment for the media, and investigative journalism in particular, and to look more thoroughly at challenges affecting civil society, including as regards SLAPPs targeting NGOs, activists and rights defenders;
Amendment 128 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining freedom of expression, freedom of assembly, media freedom and public democratic participation threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual report to include a thorough assessment of the legal environment for the media, and investigative journalism in particular as well as the chilling effect that SLAPPs can have on civil society, human rights defenders and activists;
Amendment 132 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms aimed at silencing the diversity of public thought and opinion; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining media freedom and public democratic participation threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual report to include a thorough assessment of the legal environment for the media, and investigative journalism in particular;
Amendment 151 #
2021/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation also has an important role to play in the proper functioning of the internal market, as it is often through public participation that breaches of Union law, including fundamental rights, corruption and other practices threatening the proper functioning of the internal market are made known to the public;
Amendment 162 #
2021/2036(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that SLAPPs undermine the rule of law and constitute a misuse of Member States’ justice systems and legal frameworks, especially for successfully addressing ongoing common challenges outlined in the Justice Scoreboard, such as caseload administration and case backlogs; recalls that a properly functioning justice system delivers judgements without undue delay, and manages judicial resources so as to maximise efficiency, and that this is only possible where judges and judicial bodies are not burdened with the handling of claims that are later on dismissed as abusive and lacking in legal merit;
Amendment 175 #
2021/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, media organisations, NGOs, academics and civil society, including those defending fundamental rights and freedoms, such as, inter alia, women's rights and LGBTQI rights, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;
Amendment 177 #
2021/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and, civil society organisations, including NGOs, and human rights defenders, including those defending LGBTQIQ rights, thus threatening media freedom, freedom of expression and assembly, as well as public safety given that online hate speech can incite real-worldoffline violence;
Amendment 185 #
2021/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech hasand cyber violence have become increasingly widespread against journalists, NGOs, academics and civil society, including those defending LGBTQIQ rights, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;
Amendment 197 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs,organisations, including NGOs, and human rights defenders with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 201 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, media organisations, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 224 #
2021/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, academics, civil society and NGOorganisations, including NGOs, and human rights defenders and to ensure that fundamental rights are upheld in the Member States;
Amendment 225 #
2021/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, media organisations, academics, civil society and NGOs and to ensure that fundamental rights are upheld in the Member States;
Amendment 238 #
2021/2036(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. 2. Condemns in the strongest terms the assassination of David Beriain and Roberto Fraile; calls on all European institutions and the Government of Burkina Faso to take all possible actions to end impunity and bring those responsible for their deaths to justice, recalls that accountability is a key element in preventing future attacks;
Amendment 251 #
2021/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous civil society organisations, academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendments in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, assembly, association and information in the Union; is concerned that if measures only address lawsuits regarding infordefamation, actions based on other civil matters or criminal procedures may still be used;
Amendment 254 #
2021/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendmentsproperly amended in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for theurgent introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, association and information in the Union; is concerned that if measures only address lawsuits regarding information, actions based on other civil matters or criminal procedures may still be used;
Amendment 275 #
2021/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, civil society andhuman rights defenders and civil society organisations, including NGOs, in preventing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest;
Amendment 276 #
2021/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, media organisations, academics, civil society and NGOs in preventing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest;
Amendment 303 #
2021/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a proposal for measures to ensure that defamation, libel and slander, which constitute criminal offences in most Member States, cannot be used for SLAPPs, including through through public or private prosecution; underljoines the calls of the Council of Europe and OSCE for the decriminalisation of defamation; invites the Commission to address the question of the seriousness of threats of SLAPPs in a legislative proposal; notes that defendants often face criminal charges while at the same time being sued for civil liability allegedly arising from the same conduct;
Amendment 320 #
2021/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stress the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support, including psychological support for victims and their family members;
Amendment 322 #
2021/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stresses the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support;
Amendment 328 #
2021/2036(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Welcomes the Commission’s intention to propose a recommendation on the safety of journalists; is however concerned of its limited geographical scope; point out that many European media organisations operate in an international environment; is concerned that media organisations are increasingly relinquishing their duty of care within and beyond the EU towards journalists employed by them or those producing the media content they acquire; notes the increasing use of freelancers, particularly young journalists and media workers at the start of their career, to cover high-risk areas and conflict zones; is concerned by the precarious working and decreasing safety conditions under which freelancers operate from high-risk areas and conflict zones;
Amendment 329 #
2021/2036(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on the Member States to fully implement the Council of Europe recommendation on the protection of journalism and safety of journalists and other media actors, calls to the Commission to include in the forthcoming Recommendation on the safety of journalists a Beriain-Fraile Protocol, in line with the Council of Europe Recommendation, stablishing common European guidelines and procedures for the deployment of journalists and other media workers on difficult or dangerous assignments, such as in conflict zones; believes that the Beriain-Fraile Protocol. should detail the institutional responsibilities of media companies, including among others, providing journalists and other media workers with adequate information, including on the risks involved, and requisite training in all matters of safety, digital security and privacy, as well as arranging for life assurance and health and travel insurance as part of a comprehensive and equitable package of work conditions the provision of legal support, when relevant, and representation and trauma counselling on return from assignments, stresses that such deployment should be voluntary and informed; stresses that the Beriain-Fraile Protocol, should apply indistinctively to all journalists and other media actors working for European media companies – in salaried, freelance and all other capacities;
Amendment 28 #
2021/2035(INL)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Commission’s Communication "Gender Equality Strategy (2020-2025)", published on 5 March 2020,
Amendment 29 #
2021/2035(INL)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
– having regard to the Commission’s Communication "Strategy on victim’s rights (2020-2025)", published on 24 June 2020,
Amendment 30 #
2021/2035(INL)
Motion for a resolution
Citation 14 c (new)
Citation 14 c (new)
– having regard to the Commission’s Communication "LGBTIQ Equality Strategy (2020-2025)", published on 12 November 2020,
Amendment 31 #
2021/2035(INL)
Motion for a resolution
Citation 14 d (new)
Citation 14 d (new)
– having regard to the Commission’s Communication: "EU Strategy on the rights of the child (2020-2025)", published on 24 March 2021,
Amendment 84 #
2021/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the European Institute for Gender Equality defines femicide as the killing of women and girls because of their gender; whereas it can take different forms such as the murder of women as a result of intimate partner violence, killing of women and girls because of their gender, sexual orientation, gender identity, gender expression and sex characteristics, as well as female and intersex genital mutilations and so called "honour killings";
Amendment 134 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against women and girls in all their diversity and other forms of gender-based violence, such as violence against LGBTI persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation and trafficking in human beings, both online and offline;
Amendment 154 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women and LGBTI persons by men; underlines that this situation is aggravated by social and economic inequalities;
Amendment 176 #
2021/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the wide range of psychological impacts that gender-based violence has on victims, including and witnesses, including feeling unsafe or vulnerable, stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and of sense of control; recalls that gender- based violence also has a social and economic impact;
Amendment 213 #
2021/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on actions to prevent gender- based violence by addressing the underlying causes, including counteracting sexism, gender stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for awareness- raising campaigns; recalls the Commission’s proposal in the Gender Equality Strategy for an EU-wide campaign on gender stereotypes and calls on Member States to fully support and implement the initiative when launched;
Amendment 258 #
2021/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that violations of sexual and reproductive rights are a form of violence against women and girls, as well as transgender and non-binary persons, as reflected in the LGBTIQ Equality Strategy;
Amendment 288 #
2021/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to take all necessary measures to promote the protection of women and girls in all their diversity and all survivors of gender-based violence against all forms of violence, including by paying greater attention to the needs of survivors who experience intersectional forms of discrimination and violence;
Amendment 299 #
2021/2035(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the obligation on Member States to ensure that there is support and services for survivors of gender-based violence; recalls the importance, in that context, of support to independent civil society and women’s and specialised shelter organisations;
Amendment 304 #
2021/2035(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to step up their work in order to ensure that victims have access to justice, including restorative justice, and to guarantee that the rights of the victim are placed at the centre in order to avoid discrimination, traumatisation or revictimisation during judicial, medical and police proceedings; underlines with concern that most Member States still have issues with complete/correct transposition and/or practical application of the Victim’s Rights Directive, as reflected in the Commission’s Strategy on victim’s rights, and calls on their due diligence for its complete and correct transposition;
Amendment 328 #
2021/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points, in particular, at the growing anti- gender and anti-women movements, which are well organised and have a cross-border nature, and which therefore call for a coordinated EU response;
Amendment 348 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls in all their diversity and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions;
Amendment 367 #
2021/2035(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to propose a directive on gender-based violence that implements the standards of the Istanbul Convention and includes the following elements: prevention, including through gender-sensitive education programming directed at both girls and boys in all their diversity, and empowerment of women and girls in all their diversity; support services and protection measures for survivors; combating all forms of gender-based violence, including violations of women’s, transgender's and non-binary persons' sexual and reproductive health and rights; and minimum standards for law enforcement;
Amendment 10 #
2021/2026(INL)
Motion for a resolution
Recital G
Recital G
G. Wwhereas the operation of CBI schemes lead to the commodification of Union citizenship; whereas such commodification of rights is not compatible with Union values, in particular equalityUnion has enacted measures to harmonise the pathways for legal migration to the Union and the rights attached to residence, such as the Long- Term Residence Directive;
Amendment 15 #
2021/2026(INL)
Motion for a resolution
Recital M
Recital M
M. Whereas CBI/RBI schemes pose a wide range of risks that include corruption, money laundering, security threats and tax avoidance; whereas those risks cannot be properly assessed because of a lack of transparency and are currently not sufficiently managed, resulting in weak vetting and a lack of due diligence with respect to applicants under CBI/RBI schemes in Member States;
Amendment 19 #
2021/2026(INL)
Amendment 25 #
2021/2025(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values set out in Article 2 of the Treaty on European Union (TEU); whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union; whereas respect of the rule of law binds the Union as a whole, its Member States and their subnational entities;
Amendment 45 #
2021/2025(INI)
Motion for a resolution
Recital F
Recital F
F. whereas backsliding on the rule of law and fundamental rights in some countries is seriously affecting mutual trust in the functioning of the area of freedom, security and justice and threatening the Union objectives as enshrined in Article 3 of the TEU, as illustrated by several cases where the European Arrest Warrant was put under a strain due to profound doubts about the independence of the judiciary;
Amendment 49 #
2021/2025(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas emergency measures taken in response to the COVID-19 pandemic have put more pressure on fundamental rights and democratic checks and balances;
Amendment 64 #
2021/2025(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that justice systems, the anti-corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space, are all part of the Commission’s annual overview of the rule of law situation in the Member States; calls moreover for the inclusion in the annual reports of certain important elements of the Venice Commission’s 2016 Rule of Law Checklist, such as legal safeguards to prevent arbitrariness and abuse of power by public authorities, independence and impartiality of the Bar and equality before the law and non-discrimination; encourages the Commission to also highlight positive trends in Member States that could serve as good examples for others to follow;
Amendment 68 #
2021/2025(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes with satisfaction that the report contains country specific chapters; commends the Commission’s efforts to engage with national Governments and national Parliaments as well as civil society and other national actors; encourages the Commission to devote more efforts to deepen the country analyses with a view to better assess the severity of rule of law challenges; believes that more time should be devoted to the Commission’s country visits, including on site, in order to achieve broader engagement and dialogue with national authorities and civil society; considers that the Commission should raise greater awareness of such country visits to foster the emergence of a rule of law culture at national level;
Amendment 75 #
2021/2025(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values in each of the pillars under analysis in the country chapters; considers these assessments necessary to identify follow-up actions and remedial measures and tools; calls for a synthetic approach in the horizontal report in order to clearly identify where the most important risks and problems lie across Member States;
Amendment 79 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. CallsIs concerned by the spill-over effects of the erosion of media freedom into the other areas of analysis; considers smear campaigns against judges, legal professionals and civil society organisations and, in particular, strategic lawsuit against public participation (SLAPP) actions, as a limiting factor to their independence and capacity of action; calls, therefore, for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law;
Amendment 87 #
2021/2025(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the annual reports should identify cross-cutting trends at Union level; believes that a Union-wide perspective is absent from the 2020 report; asks the Commission to identify instances where certain practices undermining the rule of law, media freedom, check and balances or the fight against corruption in one Member State are becoming blueprints for others or when the gravity and scope of such practices have the potential to affect the Union as a whole; calls for the prioritisation of these Union-wide trends, including the increasing challenges by national Constitutional Courts to the EU legal architecture, in the analysis, to be able to direct remedial action at Union level;
Amendment 99 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems and hence their capacity to provide for effective judicial protection to ensure compliance with Union law; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters to enable a dynamic and integral assessment of the independence of judicial systems, including the independence of lawyers and Bars;
Amendment 117 #
2021/2025(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. 1. Highlights that, in accordance with Article 17(1) TEU, the Commission is to ensure the application of the Treaties and of secondary legislation, including in cases where risks of serious breaches of the values laid down in Article 2 TEU, identified in country reports, have effectively materialised following the publication of the 2020 report;
Amendment 125 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment; calls on the Commission to closely monitor the Constitutional Tribunal's ruling regarding the primacy of national constitutional norms over EU law launched at the request of the Government of one country subject to Article 7; urges the Commission to ensure an immediate and adequate response to a refusal to implement and respect CJEU judgments, such as court actions under Article 260 TFEU;
Amendment 131 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is alarmed by the legislative measures adopted in some Members States under the pretext of COVID-19 measures; reaffirms its position that such measures need to respect EU fundamental rights and the rule of law and considers that equal treatment of persons is crucial1a; _________________ 1a Texts adopted, P9_TA(2020)0307.
Amendment 134 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Expresses concern at the use of legal measures by governments and powerful individuals to silence critics, such as the use of strategic lawsuits against public participation (SLAPPs), or the use of laws curtailing the right to freedom of expression in a manner incompatible with international human rights law, for example against LGBTI and women’s activists;calls on the Commission to accelerate the setting up of the expert group on SLAPPs as foreseen in the European Democracy Action Plan, to begin its work as soon as feasible and to ensure any upcoming legislative proposal addresses these issues;
Amendment 140 #
2021/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the dedication of a specific chapter to anti-corruption efforts in each country report since systemic corruption undermines both the functioning of the rule of law and the trust of citizens in the decisions taken by authorities, civil servants and the judiciary; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
Amendment 161 #
2021/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the lack of assessment as regards the public media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitored; _________________ 19 OJ L 303, 28.11.2018, p. 69.
Amendment 163 #
2021/2025(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is alarmed by the growing deterioration of media freedom and media pluralism in some Member States since the publication of the 2020 report; observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordinglyis deeply concerned at the abuses, crimes and deadly attacks being committed against journalists and media workers in the Union in view of their activities;
Amendment 172 #
2021/2025(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordingly;
Amendment 177 #
2021/2025(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the report’s pillar on checks and balances, covering, inter alia, the process for preparing and enacting laws, the regime for the constitutional review of laws, the role of independent authorities and of civil society organisations in safeguarding the rule of law, and its examination of exceptional measures taken to fight the COVID-19 pandemic;
Amendment 183 #
2021/2025(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses in particular the deterioration of the independence of some Member States’ equality bodies since the publication of the reports, which constitutes an immediate threat to the fundamental rights of citizens;
Amendment 186 #
2021/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks on an enabling civic spaceStresses the importance of a healthy civic space to counterbalance the erosion of the rule of law and foster a rule of law culture; invites the Commission to deepen the assessment of civic space in the forthcoming 2021 report; considers beneficial to explore the definition of clear benchmarks on an enabling civic space to further strengthen this area of analysis in the long run, including, among others, the enabling legal environment for the exercise of civic freedoms, the framework for civic organisations’ financial viability and sustainability, access to and participation in decision-making, the right to access to information, safe space, including as regards incidence and responses to verbal and physical attacks, smear campaigns and legal harassment including through Strategic Litigation Against Public Participation;
Amendment 191 #
2021/2025(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Recalls the importance of independent national human rights institutions and ombudsman bodies, in full compliance with the Paris Principles, as well as equality bodies, in preserving citizens’ rights and being able to defend the rule of law at national level; is deeply concerned by recent attempts in a Member State subject to Article 7(1) TEU to undermine the independence of the national Ombudsman from the executive;
Amendment 198 #
2021/2025(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets that the non- implementation, which in itself constitutes a serious violation of the rule of law, by a Member State subject to Article 7 of the TEU of a CJEU ruling in relation to restrictions imposed on the financing of civil organisations by persons established outside that Member State, perpetuates the process of shrinking space for civil society in that Member State; notes with concern that an increasing number of Member States are adopting legislation that severely impinges on the freedom of association and expression for civil society organisations;
Amendment 201 #
2021/2025(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Regrets that the report fails to recognise in clear terms the democratic backsliding and the establishment of (semi-)autocratic regimes in some Member States, based on the gradual annihilation of all checks and balances;
Amendment 207 #
2021/2025(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. EReiterates the intrinsic link that exists between the rule of law and fundamental rights and the need to increase awareness of the values enshrined in Article 2 TEU and the Charter; encourages the Commission to consider including within the scope of future reports the application of all rights guaranteed by the Charter of Fundamental Rights; stresses that any action taken by a Member State when acting within the scope of EU law must respect the rights and principles of the Charter of Fundamental Rights; insists therefore, on the link between upholding the rule of law and the right to an effective remedy before a tribunal, the right to a fair trial and the right to be advised, defended and represented, as well as the obligation to provide independent legal aid;
Amendment 210 #
2021/2025(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Strongly denounces that European and international legislation are not fully respected in some EU Member States, for example in the field of anti-discrimination or in the field of asylum, such as the non- implementation by a Member State subject to an Article 7 TEU of several CJEU and ECtHR rulings in relation to access to the asylum procedure, including the automatic and unlawful detention and the deprivation of food, thus violating the rights of migrants and asylum seekers to apply for international protection;
Amendment 212 #
2021/2025(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Underlines with concern that people in vulnerable situations, including persons with disabilities, children, religious minorities, especially in times of rising anti-semitism and islamophobia in Europe, Roma and other persons belonging to ethnic minorities, migrants, refugees, LGBTI+ persons and elderly persons, as well as women continue not seeing their rights fully respected across the Union; emphasizes the obvious link between deteriorating rule of law standards and human rights and minority rights violations in those Member States;
Amendment 224 #
2021/2025(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to present annual reports on democracy, the rule of law and fundamental rights, equality and rights of persons belonging to minorities as part of the Union’s annual reporting mechanism;
Amendment 227 #
2021/2025(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; considers that focusing annually on a single pre-defined topic would not allow to highlight other serious violations of the Charter taking place on a given year; believes that such an annual review should provide input for a comprehensive monitoring mechanism and that its methodology, cycle and scope should therefore be aligned with the annual reports;
Amendment 236 #
2021/2025(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, Ombudsman and equality bodies, professional associations and other stakeholders; noteregrets that three Member States refused to make public their submissions for the 2020 report; calls for transparency in the process and for all submissions to be made public;
Amendment 244 #
2021/2025(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that civil society are key partners to identify rule of law violations and promote democracy and fundamental rights in countries where Union values have been eroded; considers that shadow reporting would bolster the efficiency and transparency of the processtimeframes for consultation for civil society are too short and should be more predictable; notes that organising consultations before the annual release of public statistics impoverishes contributions; calls on the Commission to allow multilingual submissions; suggests making the framework for stakeholders’ contributions less rigid;
Amendment 250 #
2021/2025(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that cooperation in the annual monitoring cycle with the Council of Europe and its Parliamentary Assembly, including through a more structured partnership, is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EU; recalls that accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is a legal obligation provided for under Article 6(2) TEU; reiterates the need for a swift conclusion of the accession process in order to ensure a consistent framework for human rights protection throughout Europe and to further strengthen the protection of fundamental rights and freedoms within the Union;
Amendment 257 #
2021/2025(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission and the Council to respond positively to Parliament’s call in its resolution of 7 October 2020 for an EU mechanism on democracy, the rule of law and fundamental rights; reiterates that such mechanism is necessary to reinforce the promotion and respect for Union values; recalls that this annual Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States; recalls that findings of relevant international bodies, such as the ones under the auspices of the UN, OSCE and the Council of Europe, are of crucial importance for the assessment of the situation in Member States; believes that the European Union Fundamental Rights Information System EFRIS is a source of information in this regard;
Amendment 261 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Recommends that the Commission aligns recommendations with potentially applicable tools to remedy the identified shortcomings; calls on the Commission to better follow-up on the implementation of the country-specific chapters by the Member States concerned by activating other rule of law tools to achieve results in case of non-implementation of the recommendations; underlines the importance of identifying clear positive and negative trends in each Members State and the need to give special attention to comparisons with the reports of the respective previous year;
Amendment 265 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Calls on the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU in order to establish an objective and evidence-based monitoring mechanism enshrined in a legal act binding the three institutions to a transparent and regularised process, with clearly defined responsibilities, involving a panel of independent experts that shall advise the three institutions, in strong cooperation with the European Union Agency for Fundamental Rights, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 271 #
2021/2025(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. SReiterates that the DRF mechanism must complement and reinforce, and by no means substitute, the ongoing and future proceedings under Article 7 TEU; strongly regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectively is enabling continued divergence from the values provided for in Article 2 of the TEU; urges the Council to proceed without delay to vote under Article 7(1) TEU; calls on the Council to ensure that hearings under Article 7(1) TEU start again as a matter of urgency and also address new developments; reiterates its recommendation to the Council to address concrete recommendations to the Member States in question, as enshrined in Article 7(1) TEU, as a follow-up to the hearings, and that it indicate deadlines for the implementation of those recommendations; calls for a reflection at the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign the majority requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both procedures;
Amendment 277 #
2021/2025(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates that the annual report should serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values; considers that the Conference on the Future of Europe should further assert the precedence of the EU legal order; invites the Conference on the Future of Europe to consider strengthening the role of the Court of Justice of the European Union in protecting the Union’s founding values;
Amendment 285 #
2021/2025(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. CStresses that the applicability, purpose and scope of the Rule of Law Conditionality Regulation is clearly defined in the legal text of the said Regulation; considers that the European Council conclusions on the Regulation on a general regime of conditionality contravene Article 17 and Article 15 TEU and Article 288 TFEU, and introduce unnecessary legal uncertainty considering some recent developments by Member States subject to Article 7 TEU; calls for action in this regard; recalls that said Regulation applies from 1 January 2021; calls for the Commission to use the findings of the annual report in its assessment that forms the basis of the mechanism to protect the budget against breaches of the principle of the rule of law, as well as in any other relevant assessment for the purposes of existing and future budgetary tools; reiterates its call on the Commission to dedicate a specific section of the annual report to an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way; calls on the Commission to more vigorously apply the Common Provisions Regulation and the Financial Regulation to tackle discriminatory use of European funds, as it did when withholding funds for municipal or local governments proclaiming themselves to be ‘‘free from LGBTI ideology’’;
Amendment 289 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls on the Commission to develop a culture of European values, including through strengthened efforts to promote European citizens’ education, which should include rule of law education;
Amendment 293 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Calls on the Council and the Commission to provide adequate funding for European-wide, national, regional and local civil society organisations and independent journalism to foster grassroots support for democracy, the rule of law and fundamental rights in all Member States, in particular where violations and shortcomings have been identified; believes that adequate funding under the Citizens, Equality, Rights and Values programme is extremely important, including for strategic litigation;
Amendment 297 #
2021/2025(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to assess in successive reports how the issues identified in the areas analysed in previous reports have evolved, been solved, risk deteriorating or have further deteriorated, to identify trends and transversal issues and to put forward clear recommendations to remedy any risks or backsliding identified;
Amendment 306 #
2021/2025(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to make clear in its annual Rule of Law Reports that not all rule of law shortcomings and violations are of the same nature and/or intensity and that when the values listed in Article 2 of the TEU are violated gravely, permanently and systematically, Member States cease being democracies; and become authoritarian regimes; calls, therefore, on the Commission to assess countries under ongoing Article 7 TEU proceedings in-depth, in order to illustrate how the rule of law has been structurally undermined to facilitate the consolidation authoritarian-style governance structures;
Amendment 310 #
2021/2025(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Underlines that this report should serve as a basis for the prioritisation of follow-up actions by the EU regarding those Member States where shortcoming or deficiencies are witnessed, firmly placing the contribution of the report within the overarching democracy, rule of law and fundamental rights mechanism;
Amendment 311 #
2021/2025(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Commits to start working on the 2021 report as early as possible after its publication;
Amendment 258 #
2021/2013(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to review the incentive system, increase price transparency, highlight the causes limiting affordability and patient access to medicinal products, and propose sustainablwork with Member States and medicine marketing authorization holders to identify and address the root-causes of unavailability of medicines, and find adequate solutions to address the outstanding barriers to timely and effective patient access; calls on the Commission to enhance affordability based on the fundamental pricing principle of solidarity across Member States and to increase price transparency via a revision of the Transparency Directive in order to include svolutions that also promote competitionntary/secret agreements, public procurement and generic medicines;
Amendment 331 #
2021/2013(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes that only around 5% of shortages and non-availabilities are EU- wide, and that therefore issues such as non-launch and commercial withdrawals could be addressed via better use of the Internal Market and cross-border tools; Calls on the Commission to include this aspect in an upcoming revision of Directive 2001/83;
Amendment 397 #
2021/2013(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Considers that unjustified import and export restrictions and/or bans exacerbate shortages and reduce competition in the Internal Market decreasing affordability; calls on the Commission to tackle such unjustified restrictions and/or bans;
Amendment 435 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on expanding the role of EMA in the assessment of drug- device/diagnostic combination products to simplify the fragmented supervisory framework; believes that greater regulatory agility and efficiency can be achieved by adopting a more expertise- driven scientific assessment on marketing authorisations within the European Medicines Agency (EMA);
Amendment 465 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Urges the Commission to work with Member States to reduce fragmentation in the application of the General Data Protection Regulation, which would facilitate the conducting of clinical research in Europe;
Amendment 467 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Calls on the Commission to facilitate assessment processes that allow for early and iterative dialogue on data and evidence as they are generated;
Amendment 469 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Supports the adaptation of existing frameworks for the acceptability in decision making and adoption of AI technologies to provide a pathway through which AI can be developed, adopted and implemented in healthcare systems through inclusivity, capacity and trust;
Amendment 510 #
2021/2013(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the fact that gene and cell therapies, personalised medicine, nanotechnology, next-generation vaccines, e-health and the ‘Million plus genomes’ initiative can bring enormous benefits in relation to the prevention, diagnosis, treatment and post-treatment of all diseases; urges the Commission to develop appropriate regulatory frameworks, to guide new business modelsstresses the transformative potential of these novel therapies and technologies for patients as well as societies at large, for example by enabling a shift from expensive chronic management and care to one-time treatment, thereby reducing costs for health systems, and strengthening their efficacy, sustainability and resilience; urges the Commission to ensure sufficient regulatory expertise to support intensive dialogue with developers, and to develop appropriate regulatory frameworks, including for new vaccines and therapeutics for use in emergencies and those addressing unmet medical needs, to guide new business models without compromising/lower standards for safe and efficacious products of consistently high-quality, and to run information campaigns to raise awareness and encourage the use of these innovations;
Amendment 601 #
2021/2013(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Insists that the Public Service Obligation (PSO) as established in Article 81 of Directive 2001/83 is not sufficient to ensure that the EU as a whole is sufficiently supplied; calls on the Commission to put in place an obligation for MAH’s to report to EMA the total quantities supplied to the Internal Market and to ensure the right to be supplied for wholesalers in order to meet patient demand and to ensure a competitive internal market;
Amendment 679 #
2021/2013(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Calls on the Commission to develop clear guidance on the role of procurement policy in promoting greener pharmaceuticals;
Amendment 686 #
2021/2013(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Supports the implementation of the ‘polluter pays principle’ to improve the responsibility of the pharmaceutical industry;
Amendment 4 #
2021/2012(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
— having regard to its resolution of 25 November 2020 on a New Industrial Strategy for Europe (2020/2076(INI)),
Amendment 21 #
2021/2012(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU has endorsratified the Paris Agreement, as well as the European Green Deal and the recently adopted European Climate Law, which set an ambitious target of reducing emissions by 55 % by 2030 and complementary goals, with the aim of achieving the EU’s net- zero carbon emission target by 2050 at the latest in order to fight the effects of global climate change; reminds of Parliament’s position as adopted during Plenary vote on the Climate Law on the goal of reducing GHG gas emissions by 60 % by 2030;
Amendment 25 #
2021/2012(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the transition to a net-zero greenhouse gas (GHG) economy requires a clean energy transition that ensures sustainability, security of supply and affordability of energy; as well as the necessary energy infrastructure;
Amendment 31 #
2021/2012(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the dramatic fall in renewable offshore energy prices has made it one of the cheapest sources of energy, with a global weighted-average levelised cost of energy of offshore wind declining by 48 % between 2010 and 2020 from EUR 0,14 to EUR 0,071kWh in 2020, and consequently a critical element in the green transition, paving the way for a modern, resource-efficient and competitive economy, and has also made it one of the most important pillars of the EU’s climate ambitions; acknowledging the potential of the offshore renewable energy to enable massive energy sources that can protect households from energy poverty;
Amendment 39 #
2021/2012(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas the European strategy towards offshore renewable energy should take into account the EU’s sea basins different geographical features that make it difficult to develop a one-size-fits all approach;
Amendment 71 #
2021/2012(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that a net-zero emissions economy requires renewable energy to be deployed on an unprecedented scale; stresses that many MS are lagging behind in deploying the necessary renewable energy and infrastructure; further stresses that all MS should make utmost efforts to reach their full renewable energy potential; emphasises that if no further actions are taken to accelerate the deployment of offshore renewable energy (ORE), the EU will not be able to live up to its climate commitments;
Amendment 75 #
2021/2012(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that a net-zero emissions economy requires renewable energy to be deployed on an unprecedented scale; emphasises that if no further actions are taken to accelerate the deployment of offshore renewable energy (ORE), the EU will not be able to live up to its climate commitments; believes that binding national renewable energy targets could be such an action;
Amendment 83 #
2021/2012(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the energy production targets for ORE in all of EU’s sea basins, as outlined in Commission communication COM(2020)0741, are at least 60 GW by 2030 and 340 GW by 2050; recalls that according to Commission communication SWD(2020)176 the installed capacity of offshore wind should be 70 - 79 GW for a cost competitive road to the 55 % reduction in 2030; calls for the ORE target to be raised in order to live up to the 55 % reduction target and secure a cost competitive transition supported by a well-functioning market pushing the uptake of offshore wind; highlights that the competitiveness of offshore wind energy as an energy source will continue to increase and prices will continue to fall further in step with continuous development and deployment;
Amendment 94 #
2021/2012(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes the competitive advantage of EUacross the EU for companies and technologies in the ORE sector; stresses the importance to maintain this competitive advantage; underlines the potential for exponential growth of the sector and its contribution to the EU economy, including technology and systems exports; stresses the importance of supporting R&D investments and build on innovative ORE technology industry system through cross border collaboration and partnership in Horizon Europe in order to facilitate and to support robust European value chains that are crucial for the twin transitions; while ensuring the swift uptake of the innovations developed in this field;
Amendment 98 #
2021/2012(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the need to maintain a clean, competitive and sustainable supply chain for ORE in the European Union; therefore stresses the importance that suppliers apply the highest quality, health, safety and environmental standards according to European certification and standards determined in a dialogue process with all relevant stakeholders; further stresses the need to minimise transport costs in the supply chain; believes that public tenders should take these elements into consideration;
Amendment 105 #
2021/2012(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls for local competent authorities to assess initiatives that activate local economies, local sustainable jobs and economic activities in the uptake of the offshore renewables sources; calls for identifying synergies between sectors that can best support twin green and digital transitions and contribute to the futureproof economic recovery; while developing synergies with the actions enabling a sustainable blue economy;
Amendment 110 #
2021/2012(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgency of improving and expanding existing infrastructure to enable the increased flow of electricity from offshore sites to inland-based consumers; regrets that a number of Member States have not yet reached their 10 % electric interconnection target by 2020; and are lagging behind in building the adequate infrastructure, such as transmission lines to integrate and transport offshore electricity; supports the EU 2030 electricity interconnection target of 15 % by 2030, set in article 2 of regulation (EU) on the Governance of the Energy Union Climate Action; calls for the Commission to come up with a proposal that can secure a faster deployment of the interconnection target;
Amendment 125 #
2021/2012(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s proposal for a revision of the TEN-E Regulation and the attention it gives to the offshore renewables sector’s needs and priorities; stresses that the development of sustainable and efficient transmission infrastructure requires forward-looking investment; stresses the need to secure coordination and alignment between onshore and offshore grid development plans, including with the identification of landing points for offshore connections and onshore grid uptakes; encourages the MSs to speed up the necessary grid infrastructure to facilitate the green transition of which electrification is crucial; believes strongly that regulatory frameworks should facilitate anticipatory investments;
Amendment 137 #
2021/2012(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes the potential advantages of combining offshore production facilities and transmission assets in the tender process; invites the Commission and the Member States (MSs) to explorto analyse the potential and possible challenges of this full-scope tendering approach and assess its applicability to different set-ups, including meshedthis analysis has to take into account the possible challenges as regards to ensuring incentives and optimal planning of offshore and onshore transmission grids;
Amendment 145 #
2021/2012(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that MS collaboration is vital in order to maximise effective use of offshore energy resources, taking into account the specificities of each area; notes that the current legal framework does not facilitate such collaboration sufficiently; strongly believes that failure to increase collaboration between MSs will inhibit the roll-out of offshore energy; urges the Commission and the MSs to take the necessary action without any further delays;
Amendment 159 #
2021/2012(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls to the Commission to analyse best practices from mature district heating and cooling markets with emerging markets; stresses the ability of heating and cooling as sources to flexibility in consumption contributing to grid stability and the uptake of fluctuating renewable energy; stresses that a lack of data and disconnection with building renovation strategies at the municipality level is holding back further integration of renewable energy sources in district heating and cooling markets;
Amendment 161 #
2021/2012(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Stresses the high upfront capital costs associated with the construction and refurbishment of the building stock as well as of the district heating and cooling network, particularly those compatible with renewable energy sources; highlights the role of national and local authorities in strategic planning for heating and cooling and supporting district energy operators by de-risking investments and facilitating access to direct funding from the public sector;
Amendment 172 #
2021/2012(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Strongly believes that the EU and the MSs should support research into and the development of floating offshore wind, tidal, wave and current stations, which can be adapted to the different seabed conditions in Europe; in this respect also underlines the need to support research, development, scaling-up and commercialisation of decarbonising the entire value chain of ORE and of technologies using renewable energy sources such as offshore wind power to decarbonise other sectors and of sector coupling;
Amendment 176 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Highlights the need to exploit ORE in deep waters; highlights that floating technology allows to access to higher and more constant wind speeds which can also minimize the turbine’s environmental impact and reduce the pressure associated with coastal planning; calls on the Commission and MS to promote research, development, monitoring, and innovation efforts on innovative technologies such as floating platforms; stresses that it is an outstanding opportunity for the EU to become a global leader in ORE technologies that will be key for decarbonisation;
Amendment 187 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls on the EU and MS to support research and development of ORE technologies which will contribute to bridging gaps in renewable energy generation cause by seasonal differences;
Amendment 191 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Stresses the greater opportunity of developing offshore renewable hydrogen that can help to pave the way for the wider development of the renewable hydrogen market; invites the Commission to assess how ORE sources could pave the way for the development of renewable hydrogen production;
Amendment 194 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10 d. Highlights the importance of private and public investments in the ORE sector for the large-scale deployment of ORE technologies; reiterates the call on the Commission to tailor Horizon Europe to the development, scaling-up and commercialisation of breakthrough technologies and innovations in the Union so as to bridge the gap between innovation and market deployment, by providing risk financing for early-stage technology and demonstration projects and developing early value chains in order to support the development of research infrastructure, also with the aim of reducing the existing gaps between MS;
Amendment 209 #
2021/2012(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. NStresses that meeting the 2030 and 2050 targets requires speeding up the deployment of ORE; notes that the huge interest in ORE will attract an increasingly larger number of permit applications; calls on the MSs to urgently simplify the relevant procedures and coordinate their efforts; encourages the MSs to support the one-stop-shop proposal;
Amendment 217 #
2021/2012(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the current lengthy process for launching ORE projects and the urgent need to speed it up in order to reach the 2030 and 2050 goals; notes that streamlining MSs procedures and technical standards will facilitate more rapid deployment; calls on the MSs to consider introducing time limits for issuing permits, including the automatic granting of permits after deadlines expireset aside more resources for a fast and efficient issuing of permits;
Amendment 218 #
2021/2012(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Considers it of paramount importance to build a broad public consensus around ORE projects through the involvement of local actors to increase public acceptance of offshore wind and its adherent large infrastructures; calls for a transparent and meaningful involvement of coastal communities, including those situated in the most peripheral regions and islands, and other stakeholders in projects; stresses the importance to increase citizen’s trust into the ability of renewable energy to achieve energy independence and secure energy of supply; encourages the Commission and the MS to develop one-stop shops with streamlined information on financing possibilities for demonstration projects for break through ORE technologies;
Amendment 227 #
2021/2012(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the total space required to ensure the offshore wind capacity for the northern seas meets the 2050 goals is expected to be 2.8 %; underlines, therefore, the possibility of compatibility between sea space requirements for ORE and other interests; strongly believes that involving renewables developers early on in the process will contribute to the successful allocation of sea space; calls for a transparent process and accessibility to regional maritime spatial plans in order to facilitate an early and inclusive approach for all stakeholders;
Amendment 238 #
2021/2012(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Urges the Commission to set up a simple monitoring framework that can secure a transparent and efficient reporting of the progress of the deployment of ORE as to whether member states are on track to reach the 2030 and 2050 GW-targets; the Commission should report to Parliament and MS biennial whether the deployment of ORE is on track;
Amendment 258 #
2021/2012(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Stresses the need for a market design that is fully compatible with that of onshore; offshore infrastructure at transmission level should be regulated based on unbundling rules with a clearly defined separation of roles and responsibilities in terms of systems responsibility, third party access, as well as transparent tariffs and conditions;
Amendment 264 #
2021/2012(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for the recalculation of the distribution of costs and benefits between the generation and transmission of ORE to be sustainable and socio-economic viable, ensuring the right incentives and a stable regulatory framework for developers; stresses that uncertainty regarding the distribution of costs and benefits is deterring companies from launching offshore renewable projects; invites the Commission to expedite the publishing of EU guidance on sharing the costs and benefits of offshore hybrid projects;
Amendment 130 #
2021/0422(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate and effective response. A better cross-border cooperation between competent authorities should be established in order to fight environmental crime.
Amendment 158 #
2021/0422(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also cover any updated or amended Union legislation falling within the scope of criminal offences defined under this Directive, when the obligations under Union law remain unchanged in substance. However, when new legal instruments prohibit new conduct harmful to the environment, this Directive should be amended in order to add to the categories of criminal offences also the new serious breaches of Union environmental law. In order to quickly incorporate new criminal offences, any amendment of this Directive should only concern Article 3, and not include a complete amendment of the Directive.
Amendment 165 #
2021/0422(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The "One Health" approach recognises the interconnection between people, animals, plants, and their shared environment and is an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment (including ecosystems) are closely interlinked and inter-dependent.
Amendment 168 #
2021/0422(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Forests are an essential ally in the fight against climate change and biodiversity loss. They function as carbon sinks, and help to reduce the impacts of climate change, for example by cooling down cities, protecting them from heavy flooding, and reducing drought impact. Especially with regards to offences that create a spiral of severe environmental damages falling within the scope of the EU Biodiversity Strategy for 2030, presenting irreversible danger to the balance of whole ecosystems, such as illegal logging, committing forest fires and destruction of wildlife habitats or other offences against forests, should be taken into account as possible aggravating circumstances.
Amendment 171 #
2021/0422(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Ecocide refers to the process of environmental or ecological destruction and means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts. It can be linked to unlawful economic activity, unsocial behaviour, disrespect of human rights, war crimes, excessive pollution, destruction of biodiversity or wilful and severe actions aggravating climate change beyond the enshrined limits according to the Paris agreement.
Amendment 202 #
2021/0422(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, peopleindividuals or organisations from the civil society perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937of the European Parliament and of the Council25 . _________________ 25 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305/17).
Amendment 218 #
2021/0422(COD)
Proposal for a directive
Recital 30
Recital 30
(30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence. The mandate of EPPO should be extended to also cover serious environmental crimes with a cross-border dimension. In order to fulfil this new and broader task, EPPO needs adequate resources and funding.
Amendment 257 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) "severe" means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life or natural, cultural or economic resources;
Amendment 258 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘environment’ means everything living including humans, animals and plants, and everything non-living including the atmosphere, the hydrosphere and the litosphere;
Amendment 260 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) "wanton" means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
Amendment 263 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
Amendment 265 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5c) "long-term" means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time;
Amendment 266 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5c) ‘ecocide’ means unlawful or wanton acts committed with the knowledge that there is a substantial likelihood that those acts cause a severe and either wide-spread or long-term damage to the environment.
Amendment 269 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 d (new)
Article 2 – paragraph 1 – point 5 d (new)
(5d) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimize the health of people, animals and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;
Amendment 359 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(ra) ecocide as severe disrespect of the European Climate Law, the biodiversity and the pollution legislation;
Amendment 360 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r b (new)
Article 3 – paragraph 1 – point r b (new)
(rb) the significant harm of the environment in case of public or private investments when severely disrespecting the "do no significant harm" principle within the meaning of Article 17 of the Taxonomy regulation;
Amendment 361 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r c (new)
Article 3 – paragraph 1 – point r c (new)
(rc) the environmental damage to forests, including through committing forest fires intentionally or due to a lack of due diligence and the disrespect of the sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels in Article 29 of (RED III - recast);
Amendment 363 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r e (new)
Article 3 – paragraph 1 – point r e (new)
(re) the damage of the environment as defined in Directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage;
Amendment 405 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(da) the polluter pays principle.
Amendment 410 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. 6. For the offences mentioned in this Article and in line with Article 25(3), Member states shall continuously ensure that new and updated legislation at EU, national and regional level regarding these offences is duly taken into account.
Amendment 494 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by fines, the maximum limit of which shall be in line with competition law rules, i.e. not less than 510% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 501 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 508 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The maximum limit of fines shall be extended to 15% in cases of offences with aggravating circumstances as referred to in Article 8, and in the case of ecocide.
Amendment 632 #
2021/0422(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
Article 19(a) Extension of EPPO mandate The mandate of the European Public Prosecutor's Office (EPPO) shall be extended to cover serious environmental crimes with a cross-border dimension. EPPO shall support Member States, but also intervene in cases where the actions of Member States regarding environmental crimes are not sufficient.
Amendment 649 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that the statistical data as well as a consolidated review of their statistics isare regularly published.
Amendment 666 #
2021/0422(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. By [OP – please insert the date - five years after the transposition period is over], the Commission shall carry out an evaluation of the impact of this Directive and submit a report to the European Parliament and to the Council. Member States shall provide the Commission with necessary information for the preparation of that report. The Commission shall ensure that a regular update of criminal offences as outlined in Article 3 is secured.
Amendment 237 #
2021/0410(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on automated data exchange for police cooperation (“Prüm II”), amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, 2019/817 and 2019/818 of the European Parliament and of the Council
Amendment 245 #
2021/0410(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The objective of this Regulation is therefore to improve, streamline and facilitate the exchange of criminal informationdata about persons who have been convicted of a serious criminal offence or are reasonably suspected of a serious criminal offence, in the context of an investigation into serious criminal offences, between Member States’ law enforcement authorities, but also with and the European Union Agency for Law Enforcement Cooperation established by Regulation (EU) No 2016/794 of the European Parliament and of the Council30 (Europol) as the Union criminal information hub. _________________ 30 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
Amendment 249 #
2021/0410(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should lay down the conditions and procedures for the automated transfer of DNA profiles, dactyloscopic data, and certain vehicle registration data, facial images and police records in the context of investigations into serious criminal offences. This should be without prejudice to the processing of any of these data in the Schengen Information System (SIS) or the exchange of supplementary information related to them via the SIRENE bureaux or to the rights of individuals whose data is processed therein.
Amendment 260 #
2021/0410(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) By providing for the automated search or comparison of DNA profiles, dactyloscopic data, specific vehicle registration data, facial images and police records, the purpose of this Regulation is also to allow for the search of missing persons and unidentified human remains. This should be without prejudice to the entry of SIS alerts on missing persons and the exchange of supplementary information on such alerts under Regulation (EU) 2018/1862 of the European Parliament and of the Council.33 _________________ 33 Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).
Amendment 262 #
2021/0410(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Directive (EU) …/… [on information exchange between law enforcement authorities of Member States] provides a coherent Union legal framework to ensure that law enforcement authorities have equivalent access to information held by other Member States when they need it to fight crime and terrorism. To enhance information exchange, that Directive formalises and clarifies the procedures for information sharing between Member States, in particular for investigative purposes, including the role of the ‘Single Point of Contact’ for such exchanges, and making full use of Europol’s information exchange channel SIENA. Any exchange of information beyond what is provided for in this Regulation should be regulated by Directive (EU) …/… [on information exchange between law enforcement authorities of Member States].
Amendment 265 #
2021/0410(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) For the automated searching of certain vehicle registration data, Member States should use the European Vehicle and Driving Licence Information System (Eucaris) set up by the Treaty concerning a European Vehicle and Driving Licence Information System (EUCARIS) designed for this purpose. Eucaris should connect all participating Member States in a network. There is no central component needed for the communication to be established as each Member State communicates directly to the other connected Member States. Databases containing information about holders or owners of driving licenses shall be excluded from the scope of this Regulation.
Amendment 271 #
2021/0410(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The identification of a criminal ismay be essential for a successful criminal investigation and prosecution. The automated searching of facial images of suspects and convicted criminalspersons convicted of or reasonably suspected of a serious criminal offence should provide for additional information for successfully identifying criminals and fighting crime.
Amendment 274 #
2021/0410(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The automated search or comparison of biometric data (DNA profiles, dactyloscopic data and facial images) between authorities responsible for the prevention, detection and investigation of criminal offences under this Regulation should only concern data contained in databases established for the prevention, detection and investigation of serious criminal offences.
Amendment 284 #
2021/0410(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In recent years, Europol has received a large amount of biometric data of suspected and convicted terrorists and criminals from several third countries. Including third country-sourced data stored at Europol in the Prüm framework and thus making this data available to law enforcement authorities is necessarymay be helpful for better prevention and investigation of serious criminal offences. It also contributes to building synergies between different law enforcement tool but should also be critically assessed to avoid use of it if it has been provided to intentionally incriminate innocent persons.
Amendment 286 #
2021/0410(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Europol should be able to search Member States’ databases under the Prüm framework with data received from third countries in order to establish cross-border links between cases of serious criminal casoffences. Being able to use Prüm data, next to other databases available to Europol, should allow establishing more complete and informed analysis on the criminal investigations and should allow Europol to provide better support to Member States’ law enforcement authorities. In case of a match between data used for the search and data held in Member States’ databases, Member States may supply Europol with the information necessary for it to fulfil its tasks.
Amendment 291 #
2021/0410(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Decisions 2008/615/JHA and 2008/616/JHA provide for a network of bilateral connections between the national databases of Member States. As a consequence of this technical architecture, each Member State should establish at least 26 connections, that means a connection with each Member State, per data category. The router and the European Police Records Index System (EPRIS) established by this Regulation should simplify the technical architecture of the Prüm framework and serve as connecting points between all Member States. The router should require a single connection per Member State in relation to biometric data and EPRIS should require a single connection per Member State in relation to police records of serious criminal offences.
Amendment 293 #
2021/0410(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The router should be connected to the European Search Portal established by Article 6 of Regulation (EU) 2019/817 of the European Parliament and of the Council34 and Article 6 of Regulation (EU) 2019/818 of the European Parliament and of the Council35 to allow Member States’ authorities and Europol to launch queries to national databases under this Regulation simultaneously to queries to the Common Identity Repository established by Article 17 of Regulation (EU) 2019/817 and Article 17 of Regulation (EU) 2019/818 for law enforcement purposinvestigations into serious criminal offences. _________________ 34 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27). 35 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85).
Amendment 296 #
2021/0410(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In case of a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon confirmation of this match by the requesting Member State, the requested Member State should return a limited set of core data via the router within 248 hours. The deadline would ensure fast communication exchange between Member States’ authorities. Member States should retain control over the release of this limited set of core data. A certain degree of hHuman intervention should be maintained at key points in the process, including for the decision to release personal data to the requesting Member State in order to ensure that there would be no automated exchange of corepersonal data.
Amendment 297 #
2021/0410(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 300 #
2021/0410(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The universal message format (UMF) standard should be used in the development of the router and EPRIS. Any automated exchange of data in accordance with this Regulation should use the UMF standard. Member States’ authorities and Europol are encouraged to use the UMF standard also in relation to any further exchange of data between them in the context of the Prüm II framework. The UMF standard should serve as a standard for structured, cross- border information exchange between information systems, authorities or organisations in the field of Justice and Home Affairs.
Amendment 302 #
2021/0410(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
Amendment 303 #
2021/0410(COD)
Proposal for a regulation
Recital 20 b (new)
Recital 20 b (new)
(20 b) When considering, implementing or adjusting the connection of databases to the Router, EPRIS or EUCARIS, Member States should take note of developing case law from the European Court of Justice on the interpretation of strict necessity in relation to the use of biometric databases.
Amendment 304 #
2021/0410(COD)
Proposal for a regulation
Recital 20 c (new)
Recital 20 c (new)
Amendment 306 #
2021/0410(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Certain aspects of the Prüm II framework cannot be covered exhaustively by this Regulation given their technical, highly detailed and frequently changing nature. Those aspects include, for example, technical arrangements and specifications for automated searching procedures, the standards for data exchange and the data elements to be exchanged. In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.36 _________________ 36 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 314 #
2021/0410(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the exchange of information between authorities responsible for the prevention, detection and investigation of serious criminal offences (Prüm II).
Amendment 315 #
2021/0410(COD)
This Regulation lays down the conditions and procedures for the automated searching of DNA profiles, dactyloscopic data, facial images, police records and certain vehicle registration data of persons convicted of or reasonably suspected of a serious criminal offence and the rules regarding the exchange of core data following a match.
Amendment 321 #
2021/0410(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
The purpose of Prüm II shall be to step up cross-border cooperation in matters covered by Part III, Title V, Chapter 5 of the Treaty on the Functioning of the European Union, particularly the exchange of information between authorities responsible for the prevention, detection and investigation of serious criminal offences. in full respect of human dignity and integrity and other fundamental rights, including the right to respect for one's private life and to the protection of personal data, in accordance with the Charter of Fundamental Rights of the European Union.
Amendment 329 #
2021/0410(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation applies to the national databases used for the automated transfer of the categoriesprocessing of DNA profiles, dactyloscopic data, facial images, police records and certain vehicle registration data of persons who have been convicted of a serious criminal offence or are reasonably suspected of a serious criminal offence.
Amendment 335 #
2021/0410(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Article 4 – paragraph 1 – point 9
(9) ‘individual case’ means a single investigation file into one or more persons who have been convicted of a serious criminal offence or are reasonably suspected of a serious criminal offence in accordance with this Regulation;
Amendment 350 #
2021/0410(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 16
Article 4 – paragraph 1 – point 16
(16) ‘police records’ means any information available in the national register or registers recording data of comof competent authorities recording data on persons convicted of or reasonably suspectent authorities,d of a serious criminal offence for the prevention, detection and investigation of serious criminal offences;
Amendment 354 #
2021/0410(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 18 a (new)
Article 4 – paragraph 1 – point 18 a (new)
(18 a) 'Serious criminal offence' means an offence within the meaning of Article 2(2) of Council Framework Decision 2002/584/JHA, which is punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least five years.
Amendment 362 #
2021/0410(COD)
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
2 EXCHANGE OF DATA OF PERSONS CONVINCTED OF OR REASONABLY SUSPECTED OF A SERIOUS CRIMINAL OFFENCE IN THE CONTEXT OF INVESTIGATIONS INTO SERIOUS CRIMINAL OFFENCES
Amendment 363 #
2021/0410(COD)
Proposal for a regulation
Chapter 2 – Section 1 – title
Chapter 2 – Section 1 – title
1 DNA profiles of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 368 #
2021/0410(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall open and keep national DNA analysis files for the investigation of serious criminal offences.
Amendment 378 #
Amendment 382 #
2021/0410(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall allow national contact points referred to in Article 29 and Europol access to the DNA reference data in their DNA analysis files, to conduct automated searches by comparing DNA profiles for the investigation of serious criminal offences.
Amendment 387 #
2021/0410(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Should an automated search show that a supplied DNA profile matches DNA profiles entered in the requested Member State's searched file, the national contact point of the requesting Member State shall receive in an automated way ta notification of a potential match. When the search shows that a supplied DNA profile matches DNA reference data with which a match has been found. (Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent criminal offencprofiles entered in the requested Member State’s searched file, the national contact point of the requested Member State shall ensure a human review is conducted to assess the quality, accuracy and veracity of the DNA reference data and the protection of fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680. When the human review shows sharing DNA reference data disproportionately infringes the rights and freedoms of the data subject or if sharing may harm ongoing investigations, the requested Member State may refuse to share the DNA reference data. The justification for such refusals must be provided promptly to the requesting Member State. Or. en authorities for the execution of criminal penalties, and on the free movement of suchpurposes of the prevention, investigation, detection or prosecution of data, and repealing Council Framework Decision 2008/977/JHA)
Amendment 401 #
2021/0410(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 410 #
2021/0410(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Each Member State shall inform the Commission and eu-LISA of the national DNA analysis files, to which Articles 5 to 7and 6 apply, in accordance with Article 73.
Amendment 416 #
2021/0410(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. A request for an automated search or comparison shall include only the following information:
Amendment 423 #
2021/0410(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Automated notification of a match shall only be provided if the automated search or comparison has resulted in a match of a minimum number of loci. The Commission shall adopt implementing acts to specify this minimum number of loci, in accordance with the procedure referred to in Article 76(2).
Amendment 426 #
2021/0410(COD)
Proposal for a regulation
Chapter 2 – Section 2 – title
Chapter 2 – Section 2 – title
2 Dactyloscopic data of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 428 #
2021/0410(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure the availability of dactyloscopic reference data from the file for the national automated fingerprint identification systems established for the prevention, detection and investigation of serious criminal offences.
Amendment 430 #
2021/0410(COD)
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 432 #
2021/0410(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. For the prevention, detection and investigation of serious criminal offences, Member States shallmay allow national contact points of other Member States and Europol access to the dactyloscopic reference data in the automated fingerprint identification systems which they have established for that purpose, to conduct automated searches by comparing dactyloscopic reference data.
Amendment 437 #
2021/0410(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The national contact point of the requesting Member State shall confirm a match of dactyloscopic data with dactyloscopic reference data held by the requested Member State following the automated supply of the dactyloscopic reference data required for confirming a match. Should a search show that supplied dactyloscopic reference data matches dactyloscopic reference data required for confirming a match. entered in the requested Member State's searched, the national contact point of the requesting Member State shall receive a notification of a potential match. The national contact point of the requested Member State shall ensure a human review is conducted to assess the quality, accuracy and veracity of the data, the existence of a confirmed match and the protection of fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680. When these conditions are met, the requesting Member State shall receive a list composed of matches concerning likely candidates. Should a human review show sharing the data disproportionately infringes the rights and freedoms of the data subject or if sharing may harm ongoing investigations, the requested Member State may refuse to share the concerned data. The justification for such refusals must be provided promptly to the requesting Member State.
Amendment 454 #
2021/0410(COD)
Proposal for a regulation
Chapter 2 – Section 3 – title
Chapter 2 – Section 3 – title
3 VCertain vehicle registration data of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 455 #
2021/0410(COD)
Proposal for a regulation
Chapter 2 – Section 3 – title
Chapter 2 – Section 3 – title
3 VCertain vehicle registration data of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 456 #
2021/0410(COD)
Proposal for a regulation
Article 18 – title
Article 18 – title
Amendment 459 #
2021/0410(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. For the prevention, detection and investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to the following national vehicle registration data, to conduct automated searches in individual cases:
Amendment 461 #
2021/0410(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) Certain data relating to owners or operators;
Amendment 464 #
2021/0410(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Searches may be conducted only with a full chassis number or a full registration number. Should a search show that supplied vehicle data matches data entered in the requested Member State's searched, the national contact point of the requesting Member State shall receive a notification of a potential match. The national contact point of the requested Member State shall ensure a human review is conducted to assess the quality, accuracy and veracity of the data, the existence of a confirmed match and the protection of fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680. Should a human review show sharing the data disproportionately infringes the rights and freedoms of the data subject or if sharing may harm ongoing investigations, the requested Member State may refuse to share the concerned data. The justification for such refusals must be provided promptly to the requesting Member State.
Amendment 466 #
2021/0410(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
Principles of automated searching of vehicle registration data
Amendment 467 #
2021/0410(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. For automated searching of vehicle registration data Member States shall use the European Vehicle and Driving Licence Information System (Eucaris).
Amendment 483 #
2021/0410(COD)
Proposal for a regulation
Chapter 2 – Section 4 – title
Chapter 2 – Section 4 – title
4 Facial images of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 488 #
2021/0410(COD)
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. Member States shall ensure the availability of facial images from their national databases established for the prevention, detection and investigation of serious criminal offences. Those data shall only include facial images and the reference number referred to in Article 23, and shall indicate whether the facial images are attributed to an individual or notof persons convicted of or reasonably suspected of a serious criminal offence and the reference number referred to in Article 23.
Amendment 495 #
Amendment 498 #
2021/0410(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. For the prevention, detection and investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to facial images stored in their national databases, to conduct automated searches.
Amendment 502 #
2021/0410(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The requesting Member State shall receive a list composed of matches concerning likely candidates. That Member State shall review the list to determine the existence of a confirmed match. Should a search show that a supplied facial image matches one or multiple facial images entered in the requested Member State's searched, the national contact point of the requesting Member State shall receive a notification of a potential match. The national contact point of the requested Member State shall ensure a human review is conducted to assess the quality, accuracy and veracity of the data, the existence of a confirmed match and the protection of fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680. When these conditions are met, the requesting Member State shall receive a list composed of matches concerning likely candidates. Should a human review show sharing the facial images disproportionately infringes the rights and freedoms of the data subject or if sharing may harm ongoing investigations, the requested Member State may refuse to share the concerned images. The justification for such refusals must be provided promptly to the requesting Member State.
Amendment 512 #
2021/0410(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. A request for an automated search shall include only the following information:
Amendment 517 #
2021/0410(COD)
Proposal for a regulation
Chapter 2 – Section 5 – title
Chapter 2 – Section 5 – title
5 Police records of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 520 #
2021/0410(COD)
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Member States may decide to participate in the automated exchange of police records of persons convicted of or reasonably suspected of a serious criminal offence. Member States participating in the automated exchange of police records shallmay ensure the availability of biographical data of suspects and criminals from their national police records indexes established for the investigation of serious criminal offences. This set of data, if available, shall contain the following data:
Amendment 528 #
2021/0410(COD)
Proposal for a regulation
Article 26 – title
Article 26 – title
Amendment 529 #
2021/0410(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. For the investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to data from their national police records indexes of persons convicted of or reasonably suspected of a serious criminal offence, to conduct automated searches.
Amendment 533 #
2021/0410(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. TShould a search show that a supplied data matches data entered in the requestinged Member State shall receive the list of matches with an indication of the quality of the matches. (Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offence's searched file, the national contact point of the requesting Member State shall receive a notification of a potential match. When the search shows that supplied data matches data entered in the requested Member State’s searched file, the national contact point of the requested Member State shall ensure a human review is conducted to assess the quality, accuracy and veracity of the data, the existence of a confirmed match and the protection of fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680. Should there be a match, the requesting Member State may receive the list of matches with an indication of the quality of the matches. When the human review shows sharing data disproportionately infringes the rights and freedoms orf the execution of criminal penalties, and ondata subject or if sharing may harm ongoing investigations, the free movement of such data, and repealing Council Framework Decision 2008/977/JHA)quested Member State may refuse to share the data. The justification for such refusals must be provided promptly to the requesting Member State. Or. en
Amendment 541 #
2021/0410(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. A request for an automated search shall include only the following information:
Amendment 547 #
2021/0410(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
Member States and Europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of DNA profiles, dactyloscopic data, certain vehicle registration data, facial images and police records. The Commission shall adopt implementing acts to specify these technical specifications in accordance with the procedure referred to in Article 76(2).
Amendment 554 #
2021/0410(COD)
Proposal for a regulation
Article 32 – title
Article 32 – title
Availability of automated data exchange at national level
Amendment 555 #
2021/0410(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Member States shall take all necessary measures to ensure that automated searching or comparison of DNA profiles, dactyloscopic data, certain vehicle registration data, facial images and police records is possible 24 hours a day and seven days a week.
Amendment 563 #
2021/0410(COD)
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. National contact points shall immediately inform each other, the Commission, Europol and eu-LISA of the technical fault causing unavailability of the automated data exchange.
Amendment 564 #
2021/0410(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
Amendment 565 #
2021/0410(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 573 #
2021/0410(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) an indication on whether the query concerns a suspect or a perpetrator of a person convicted of or reasonably suspected of a serious criminal offence;
Amendment 586 #
2021/0410(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
The use of the router shall be reserved to the specific individuals within Member States’ designated authorities that have acfor whom it is necessary to the exchange ofaccess DNA profiles, dactyloscopic data and facial images, and Europol in accordance with this Regulation and Regulation (EU) 2016/794. Member States and Europol shall ensure those persons maintain high professional standards of confidentiality and data protection, are of high integrity and appropriately skilled, including in detecting biases in and in the ethical use of big data sets.
Amendment 596 #
2021/0410(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. On receiving the request for a query from the router, each requested Member State and Europol shall launch a query of their databases in an automated manner and without delay timely manner.
Amendment 599 #
2021/0410(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Any matches resulting from the query in each Member States’ databases and Europol data shall be sent back in an automated manner to the routerto the router following a manual review process.
Amendment 602 #
2021/0410(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The router shall rank the replies in accordance with the score of the correspondence between the biometric data used for querying and the biometric data stored in the Member States’ databases and Europol data. The ranking process and technology shall be independently verified by, respectively, the European Data Protection Board and the European Data Protection Supervisor to ensure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination.
Amendment 611 #
2021/0410(COD)
Proposal for a regulation
Article 37 – paragraph 6
Article 37 – paragraph 6
6. The Commission shall adopt implementing acts to specify the technical procedure for the router to query Member States’ databases and Europol data, the format of the router replies and the technical rules for scoring the correspondence between biometric data. These implementing acts shall ensure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination and shall be adopted in accordance with the procedure referred to in Article 76(2).
Amendment 614 #
2021/0410(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
The requested Member State shall check the quality of the transmitted data by means of a fully automatedmanual procedure.
Amendment 622 #
2021/0410(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
Simultaneous queries of the Member States’ databases and Europol data and the Common Identity Repository may only be launched in cases where it is likely that data on a suspect, perpetrator or victim of a terrorist offence or other serious criminal offences as defined respectively in Article 4, points 21 and 22, of Regulation (EU) 2019/817 and Article 4, points 21 and 22, of Regulation (EU) 2019/818persons convicted of or reasonably suspected of a serious criminal offence are stored in the Common Identity Repository.
Amendment 646 #
2021/0410(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. For the automated searching of police records of persons convicted of or reasonably suspected of a serious criminal offence as referred to in Article 26, Member States and Europol shall use the European Police Records Index System (EPRIS).
Amendment 647 #
2021/0410(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point a
Article 42 – paragraph 2 – point a
(a) a central infrastructure, including a search tool enabling the simultaneous querying of Member States’ databases; containing data of persons convicted of or reasonably suspected of a serious criminal offence;
Amendment 652 #
2021/0410(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. On receiving the request for a query from EPRIS, each requested Member State shall launch a query of their national police records index in an automated manner and without delaycontaining data of persons convicted of or reasonably suspected of a serious criminal offence in a timely manner.
Amendment 654 #
2021/0410(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Any matches resulting from the query in each Member State’s database shall be sent back in an automated manner, after being reviewed by the requested Member State who shall conduct a human review to confirm that the request from the requesting Member State respects the fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680, be sent back to EPRIS.
Amendment 657 #
2021/0410(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. Upon reception of the list of matches, the requesting Member State shall decide the matches for which a follow-up is necessary and send a reasoned follow-up request containing any additional relevant information to the requested Member State(s) via SIENA.
Amendment 658 #
2021/0410(COD)
Proposal for a regulation
Article 44 – paragraph 6 – introductory part
Article 44 – paragraph 6 – introductory part
6. The requested Member State(s) shall process such requests without delayin a timely manner to decide whether to share the data stored in their database. Requested Member States may refuse to share the list of matches if they determine that it disproportionately infringes on the rights and freedoms of the data subject or if they determine it to be prejudicial to an ongoing investigation. The justification for such refusals must be provided promptly to the requesting Member State.
Amendment 659 #
2021/0410(COD)
Proposal for a regulation
Article 44 – paragraph 6 – subparagraph 1
Article 44 – paragraph 6 – subparagraph 1
Upon confirmation, the requested Member State(s) shall share the data referred to in Article 43 where available. This exchange of information shall take place via SIENA.
Amendment 667 #
2021/0410(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Where it is technically impossible to use EPRIS to query one or several national databases because of a failure of the infrastructure of Europol, Member States shall be notified in an automated manner by Europol. Europol shall take measures to address the technical impossibility to use EPRIS without delayin a timely manner.
Amendment 668 #
2021/0410(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Where it is technically impossible to use EPRIS to query one or several national databases because of a failure of the national infrastructure in a Member State, that Member State shall notify Europol and the Commission in an automated manner. Member States shall take measures to address the technical impossibility to use EPRIS without delayin a timely manner.
Amendment 676 #
2021/0410(COD)
Proposal for a regulation
Article 48
Article 48
Any exchange which is not explicitly provided for in this Regulation between Member States’ competent authorities or with Europol, at any stage of one of the procedures under this Regulation, shall take place viarticle 48 deleted Use of SIENA.
Amendment 685 #
2021/0410(COD)
Proposal for a regulation
Article 50 – title
Article 50 – title
Access by Europol to data of persons convicted of or reasonably suspected of a serious criminal offence stored in Member States’ databases
Amendment 687 #
2021/0410(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Europol shallmay, in accordance with Regulation (EU) 2016/794, have access to data, which are stored by Member States in their national databases in accordance with this Regulationthe principle of data minimisation and following a thorough human review of the requested Member State to assess the scope of the query and the proper protection of fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680, permit limited access to data of persons convicted of or reasonably suspected of a serious criminal offence for purposes of investigating serious criminal offences, which are stored by Member States in their national databases in accordance with this Regulation. When the human review shows sharing the data disproportionately infringes the rights and freedoms of the data subject or if sharing may harm ongoing investigations, the requested Member State shall refuse to share the data. The justification for such refusals must be provided promptly to Europol.
Amendment 691 #
2021/0410(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Europol queries performed with specific vehicle registration data as a search criterion shall be carried out using Eucaris.
Amendment 693 #
2021/0410(COD)
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Europol queries performed with police records of persons convicted of or reasonably suspected of a serious criminal offence as a search criterion shall be carried out using EPRIS.
Amendment 695 #
2021/0410(COD)
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. Europol shall carry out the searches in accordance with paragraph 1 only when carrying out its tasks referred to in Regulation (EU) 2016/794 and for purposes of investigation serious criminal offences.
Amendment 699 #
2021/0410(COD)
Proposal for a regulation
Article 50 – paragraph 6 – introductory part
Article 50 – paragraph 6 – introductory part
6. Where the procedures referred to in Articles 6, 7, 13 or 22 show a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon confirmation of that match by Europol, the requested Member State shall decide whether to return a set of core data via the router within 24 hoursa timely manner after fulfilment of the human review. That set of core data, if available, shallmay only contain the following data:
Amendment 702 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Processing of personal data by the requesting Member State or Europol shall be permitted solely for the purposes for which the data have been supplied by the requested Member State in accordance with this Regulation. Processing for other purposes shall be permitted solely with the prior authorisation of the requested Member Staterohibited.
Amendment 706 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 2 – point a
Article 51 – paragraph 2 – point a
(a) establish whether the compared DNA profiles, dactyloscopic data, certain vehicle registration data, facial images and police records match;
Amendment 711 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 2 – point b
Article 51 – paragraph 2 – point b
(b) prepare and submit a police request for legal assistance in investigations into serious criminal offences if those data match;
Amendment 715 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 3
Article 51 – paragraph 3
3. The requesting Member State may process the data supplied to it in accordance with Articles 6, 7, 13 or 22 solely where this is strictly necessary for the purposes of this Regulation. The supplied data shall be deleted immediately following data comparison or automated replies to searches unless further processing is necessary by the requesting Member State for the purposes of the prevention, detection and investigation of serious criminal offences.
Amendment 719 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 4 a (new)
Article 51 – paragraph 4 a (new)
Amendment 720 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 4 b (new)
Article 51 – paragraph 4 b (new)
4b. Member States shall ensure that database(s) connected to the Router, EPRIS or Eucaris, contain only the data of persons convicted of or reasonably suspected of a serious criminal offence;
Amendment 721 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 4 c (new)
Article 51 – paragraph 4 c (new)
4c. Member States shall ensure that data in any database(s) connected to the Router, EPRIS or Eucaris are removed within 3 months of the person’s acquittal or a decision not to charge, except where there is a specific basis in national law for the retention of data in specific circumstances beyond 3 months.
Amendment 722 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 4 d (new)
Article 51 – paragraph 4 d (new)
4d. Member States shall ensure that persons are informed of their inclusion in the database and their rights of redress, except where this will be prejudicial to an ongoing investigation of a serious criminal offence.
Amendment 723 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 4 e (new)
Article 51 – paragraph 4 e (new)
4e. Member States shall report annually to the European Commission on the following anonymised statistics: (a) The number of persons whose data are held in each connected database; (b) The proportion of persons whose data are held in each connected database that are suspected, and how many convicted; (c) The types of crimes that the persons whose data are held in each connected database are suspected of or have committed, as proportions of the overall database.
Amendment 724 #
2021/0410(COD)
4f. The Commission shall, in close cooperation with the European Data Protection Board and the European Data Protection Supervisor and the Fundamental Rights Agency, make available guidelines on the implementation of Directive (EU) 2016/680 in the context of criminal databases and the cross-border exchange of data, in particular concerning accuracy, strict necessity, and ensuring respect for the right to data protection. The Commission shall adopt the practical handbook in the form of a recommendation.
Amendment 803 #
2021/0410(COD)
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
The Commission shall, in close cooperation with the Member States, Europol and, eu-LISA, the European Data Protection Board and the European Data Protection Supervisor make available a practical handbook for the implementation and management of this Regulation. The practical handbook shall provide technical and operational guidelines, recommendations and best practices. The Commission shall adopt the practical handbook in the form of a recommendation.
Amendment 817 #
2021/0410(COD)
Proposal for a regulation
Article 79 – paragraph 7 – point d a (new)
Article 79 – paragraph 7 – point d a (new)
(da) a detailed response to a preceding consultation of the European Data Protection Board, the European Data Protection Supervisor and the Fundamental Rights Agency.
Amendment 820 #
2021/0410(COD)
Proposal for a regulation
Article 79 – paragraph 9
Article 79 – paragraph 9
9. The Member States shall provide Europol and the Commission with the information necessary to draft the reports referred to in paragraphs 3 and 6. This information shall not jeopardise working methods or include information that reveals sources, staff members or investigations of the designated authorities.
Amendment 81 #
2021/0375(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Differentiated levels of affiliation and a category of research partners should be recognised for European political foundations, in order to allow for more flexibility and facilitate freedom of research.
Amendment 140 #
2021/0375(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point d
Article 2 – paragraph 1 – point 4 – point d
(d) serving as a framework for national political foundations, academics (including by different levels of affiliation and a category of research partners), and other relevant actors to work together at European level;
Amendment 136 #
2021/0367(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down measures to protect the environment and human health by preventing or reducing the adverse impacts which may result from the shipment of waste. It, including in third countries, with a particular view on transitioning towards a circular economy by following the proximity principle and reducing the impact that the European Union’s waste has on third countries. It contributes to the Union’s objective of achieving climate neutrality by 2050 at the latest and to the transition to a fully circular non-toxic economy and establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination.
Amendment 158 #
2021/0367(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 27 a (new)
Article 3 – paragraph 1 – point 27 a (new)
(27 a) 'facility' means the individual units involved in the relevant steps of the recovery process and the management of the waste. This shall notably include sites where activities ranging from logistics (collecting, transport, storage), preparation (sorting, shredding), final recycling, recovery and disposal of waste, including residual waste from preparation and/or recycling, are conducted.
Amendment 172 #
2021/0367(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Shipments of the following wastes destined for recovery shall be subject to the general information requirements laid down in Article 18, if the amount of waste shipped exceeds 20 kg:
Amendment 184 #
2021/0367(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Paragraph 2 shall apply to shipments of mixed municipal waste collected from private households, from other waste producers or from both, as well as to mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties (e.g. refuse derived fuels), where such waste is destined for recovery operations. Shipments of such waste destined for disposal shall be prohibited.
Amendment 193 #
2021/0367(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. All shipments of waste for which notification is required shall be subject to the requirement of a financial guarantee or equivalent insurance, covering all the following costs:
Amendment 196 #
2021/0367(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By way of derogation from paragraph 5, where the waste shipped is destined for interim recovery operations or disposal operations and a further recovery operation or disposal operation takes place in the country of destination, the financial guarantee or equivalent insurance may be released when the waste leaves the interim facility and the competent authority concerned has received the certificate referred to in Article 16(4). In that case, any further shipment to a recovery or disposal facility shall be covered by a new financial guarantee or equivalent insurance unless the shipment is done between two facilities under the control of the same legal entity or unless the competent authority of destination is satisfied that such a financial guarantee or equivalent insurance is not required. In those circumstances, the competent authority of destination shall be responsible for obligations arising in the case of take-back where the shipment or the further recovery or disposal operation cannot be completed as intended, as referred to in Article 22, or in the case of an illegal shipment, as referred to in Article 24.
Amendment 223 #
2021/0367(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a – point i
Article 11 – paragraph 1 – point a – point i
(i) the waste cannot be recovered in a technically feasible and, economically viable and environmentally sound manner, or must be disposed of due to legal obligations in Union or international law. Whereby economic viability is also shown to account for the protection of human health and the environment;
Amendment 232 #
2021/0367(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a – point ii
Article 11 – paragraph 1 – point a – point ii
(ii) the waste cannot be disposed of in a technically feasible and economically viable and environmentally sound manner in the country where it was generated;
Amendment 239 #
2021/0367(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act in relationcluding to environmental, human health protection;
Amendment 252 #
2021/0367(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) the notifier or the consignee has previously been convicted of illegal shipment or any other illegal act in relationcluding to environmental, human health or worker protection.
Amendment 262 #
2021/0367(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
(g) evidence or attestation that the legal or natural person owning or exercising control over the facility has not been convicted of illegal shipment or any other illegal act in relation to waste management, in particular with regard to the protection of the environment, human health or worker protection.
Amendment 270 #
2021/0367(COD)
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Unless stated otherwise in the decision to approve the request for pre- consent, the pre-consent of a recovery facility shall be valid for seven years. five years with at least one audit conducted by surveillance authorities during the validity period in order to verify compliance with the latest regulatory requirements, notably on restriction of substances of concern and alignment with the Best Available Techniques conclusions adopted for certain activities under the regime of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions.
Amendment 273 #
2021/0367(COD)
Proposal for a regulation
Article 14 – paragraph 9 a (new)
Article 14 – paragraph 9 a (new)
9 a. Unless stated otherwise in the decision to approve the request for pre- consent, the pre-consent of a recovery facility shall be valid for seven years on the condition that independently audited annual mass balances of the pre- consented recovery facility are submitted on an annual basis to the competent authority.
Amendment 280 #
2021/0367(COD)
Proposal for a regulation
Article 15 – paragraph 7 a (new)
Article 15 – paragraph 7 a (new)
7 a. the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act including to environmental protection or human health;
Amendment 305 #
2021/0367(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
The competent authorities of dispatch orand destination shall make publicly available by appropriate meansthrough the electronic exchange system information on notifications of shipments they have consented or objected to, as well as on shipments of waste subject to the general information requirements, where such information is not confidential under national or Union legislation.
Amendment 309 #
2021/0367(COD)
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. The take-back obligation set out in paragraph 2 shall not apply if the competent authorities of dispatch, transit and destination involved are satisfied that the waste can be recovered or disposed of in an alternative way in the country of destination or elsewhere by the notifier or, if that is not possible, by the competent authority of dispatch or by a natural or legal person on its behalf. , and providing evidence is produced and made publicly available in the country of dispatch, in the country of destination, in the country of transit and in the potential new country of transit and destination that the recovery or disposal of the waste will not lead to increased risks on human health and the environment. The take-back obligation set out in paragraph 2 shall not apply if the waste shipped has, in the course of the operation at the facility concerned, been irreversibly mixed with other waste before a competent authority concerned has become aware of the fact that the notified shipment cannot be completed as referred to in paragraph 1. Such mixture shall be recovered or disposed of in an alternative way in accordance with the first subparagraph of this paragraph.
Amendment 314 #
2021/0367(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. Information stored on the central system shall be made publicly available, where such information is not confidential under national or Union legislation, notably the type of recovery operations undertaken for each waste shipment being a shipment requiring a notification procedure or a simple general information procedure and the related rate of material recycling operations versus energy recovery operations
Amendment 325 #
2021/0367(COD)
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. In order to facilitate the harmonised classification of waste listed in Annex III, Annex IIIA, Annex IIIB or Annex IV in the Union, the Commission is empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by establishing criteria, such as contamination thresholds, on the basis of which certain wastes shall be classified in Annex III, IIIA, IIIB or IV. The adoption of new delegated acts establishing contamination thresholds shall only serve to strengthen, not weaken, previous or current guidelines or delegated acts.
Amendment 329 #
2021/0367(COD)
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
The Commission is also empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by establishing criteria to distinguish between used goods and waste and to set rules with regard to how the financial obligations under extended producer responsibility are to apply to used goods shipped from the Union, for specific categories of commodities for which this distinction is of particular importance for the export of waste or used goods from the Union.
Amendment 341 #
2021/0367(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. Exports from the Union of the following wastes destined for recovery in countries to which the OECD Decision does not apply are prohibited:
Amendment 345 #
2021/0367(COD)
Proposal for a regulation
Title IV – Chapter 2 – Section 2 – title
Title IV – Chapter 2 – Section 2 – title
2 Exports of non-hazardous waste to countries to which the OECD Decision does not applyoutside of the Union and EFTA countries
Amendment 347 #
2021/0367(COD)
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Exports from the Union of the following wastes destined for recovery in countries to which the OECD Decision does not applyoutside of the Union and EFTA countries are prohibited:
Amendment 352 #
2021/0367(COD)
Proposal for a regulation
Article 37 – paragraph 2 – introductory part
Article 37 – paragraph 2 – introductory part
2. Paragraph 1 shall not apply to exports of waste destined for recovery to a country included in the list of countries established in accordance with Article 38 for the waste specified in that list. Exports of plastic waste shall not qualify for Article 38.
Amendment 354 #
2021/0367(COD)
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 1
Article 37 – paragraph 2 – subparagraph 1
Such export may only take place on the condition that the waste is destined to a facility licensed under the domestic legislation of the country concerned, to undertake recovery operations for that waste. In addition, such export shall be subject to the general information requirements laid down in Article 18 or, in case the country concerned so indicates in the request referred to in Article 39, the procedure of prior written notification and consent referred to in Article 35. Paragraph 1 shall not apply to exports of the following plastic waste from the Union (excluding EFTA countries): - Basel entry B3011 - Basel entry Y48
Amendment 359 #
2021/0367(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. The Commission is empowered to adopt a delegated act in accordance with Article 76 to supplement this Regulation by establishing a list of countries to which the OECD Decision does not applyhat are not members of the Union or the EFTA and to which exports of non-hazardous waste from the Union for recovery are authorised (“list of countries to which exports are authorised”). This list shall include countries which have submitted a request pursuant to Article 39(1) and have demonstrated compliance with the requirements set out in Article 39(3), based on an assessment carried out by the Commission pursuant to Article 40.
Amendment 363 #
2021/0367(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1
Article 38 – paragraph 3 – subparagraph 1
By [OP Please insert the date three months after the date of entry into force of this Regulation], the Commission shall contact all countries to which the OECD Decision does not applyhat are not members of the Union or the EFTA, to provide them with the necessary information on the possibility for those countries to be included in the list of countries to which exports are authorised.
Amendment 365 #
2021/0367(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 2
Article 38 – paragraph 3 – subparagraph 2
In order to be included in the list of countries to which exports are authorised adopted by [OP Please insert the date 30 months after the date of entry into force of this Regulation], the countries to which the OECD Decision does not applyhat are not members of the Union or of the EFTA shall submit their request pursuant to Article 39(1) by [OP Please insert the date 9 months after the date of entry into force of this Regulation].
Amendment 374 #
2021/0367(COD)
Proposal for a regulation
Article 38 – paragraph 5 – subparagraph 1
Article 38 – paragraph 5 – subparagraph 1
The countries included in the list referred to in paragraph 1 shall in any case, on the fifthsecond year after their initial inclusion, provide to the Commission an update of the information specified in the form set out in Annex VIII, together with relevant supporting evidence.
Amendment 377 #
2021/0367(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Countries to which the OECD Decision does not applyhat are not members of the Union or of the EFTA and which intend to receive certain waste referred to in Article 37(1) from the Union for recovery shall submit a request to the Commission indicating their willingness to receive that waste and to be included in the list referred to in Article 38. Such request and all related documentation or other communication shall be provided in English language.
Amendment 382 #
2021/0367(COD)
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point b – point iii
Article 39 – paragraph 3 – subparagraph 1 – point b – point iii
(iii) provisions designed to ensure that the waste concerned by the request and residual waste generated through the recovery operation for the wastes concerned by the request is managed in an environmentally sound manner as referred to in Article 56;
Amendment 384 #
2021/0367(COD)
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point b a (new)
Article 39 – paragraph 3 – subparagraph 1 – point b a (new)
(b a) it can show that the imports of the waste concerned by the request will not have any adverse effects on the management of domestic waste
Amendment 387 #
2021/0367(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. The Commission shall assess the requests submitted pursuant to Article 39 without undue delay and, if it is satisfied that the requirements set out in that Article are complied with, it shall include the country making the request in the list of countries to which exports are authorised. The assessment shall be based on the information and supporting evidence provided by the country making the request, as well as other relevant information, and aim to determine if the country making the request has put in place and implements all necessary measures to ensure that the waste concerned will be managed in an environmentally sound manner as referred to in Article 56. In order to perform this assessment, the Commission shall use, as points of reference, the relevant provisions in the legislation and guidance referred to in Annex IX. The Commission shall also ensure consultation of stakeholders, including national experts, relevant industry representatives and non- governmental organisations, in the assessment.
Amendment 389 #
2021/0367(COD)
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1 a. Upon receiving a request submitted pursuant to Article 39, the Commission shall publish a notice in the EU Official Journal, inviting interested third parties to submit to the Commission their observations about the request for inclusion in the list of countries to which exports are authorised. Observations shall be submitted to the Commission not later than 10 days following the date of the publication in the EU Official Journal of the notice by the Commission.
Amendment 392 #
2021/0367(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Where, during the course of its assessment, the Commission considers that the information provided by the country making the request is incomplete or insufficient to demonstrate compliance with the requirements set out in Article 39, or where there are significant objections expressed by the consulted stakeholders or the observations referred to in paragraphs 1 and 1a, it shall give that country an opportunity to provide additional information within a maximum period of three months. That period may be extended by an additional period of three months where the requesting country makes a reasoned request for such extension.
Amendment 395 #
Amendment 413 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. The Commission shall monitor the levels of export of waste from the Union to countries to which the OECD Decision applies, with a view to ensuring that such exports do not lead to serious environmental or human health damages in the country of destination and do not have any adverse effects on the management of domestic waste in that country. As part of such monitoring, the Commission shall assess requests from natural or legal persons which are accompanied by relevant information and data showing that export of waste from the Union leads to serious environmental or human health damages in a country to which the OECD Decision applies or have adverse effects on the management of domestic waste in that country.
Amendment 417 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. In cases where the export of waste from the Union to a country to which the OECD Decision applies has considerably increased within a short period of time, and there is insufficient evidence available demonstrating that the country concerned has the ability to recover this waste in an environmentally sound manner as referred to in Article 56, or where there is evidence that there are adverse effects on the management of domestic waste in that country due to the waste imported from the Union, the Commission shall request the competent authorities of the country concerned to provide, within 60 days, information on the conditions under which the waste in question is recovered and the ability of the country concerned to manage the waste in question. The Commission may grant an extension of this time limit if the country concerned makes a reasoned request for an extension thereof.
Amendment 424 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. In cases where the export of waste from the Union toconcerns a country to which the OECD Decision applies has considerably increased within a short period of time, and there is insufficient evidence available demonstrating that the country concerned has the ability to recover this waste in an environmentally sound manner as referred to in Article 56, the Commission shall request the competent authorities of the country concerned to provide, within 60 days, information on the conditions under which the waste in question is recovered and the ability of the country concerned to manage the waste in question. The Commission may grant an extension of this time limit if the country concerned makes a reasoned request for an extension thereof.
Amendment 427 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 3 – point a
Article 42 – paragraph 3 – point a
(a) put in place and implemented an adequate legal framework for the import and management ofcurrent adequate treatment capacity for waste in general, as well as treatment capacity for the waste(s) concerned, as well as adequate measures to ensure the environmentally sound management of the residual waste generated through the recovery of the waste concerned by the request, in addition to a publicly available plan on how these capacities will develop over the course of the next 10 years;
Amendment 428 #
2021/0367(COD)
(b) sufficient capacity in its territory allowing the waste concerned to be managed in an environmentally sound manner, taking into consideration the increased volume of wclear and public reporting of domestic waste that is separately collected, as well as any objectives and measures to increaste importhis rated into its territory the future;
Amendment 429 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 3 – point c
Article 42 – paragraph 3 – point c
(c) put in place an adequate strategy to address the possible negative impact of an increase in the import of the waste concerned on the collreporting on the proportion of the domestic waste concerned by the request, including waste which is landfilled, as well as any objectionves and management of the waste generated domestically;easures to decrease this rate in the future
Amendment 431 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 3 – point d
Article 42 – paragraph 3 – point d
(d) put in place and implemented adequate enforcement measures to address possible illegal shipments or treatment of the waste concerned.separately reporting on the proportion of the domestic waste which is recycled and on the proportion of domestic waste which is recovered by other treatments, in addition to objectives and measures to increase this rate in the future;
Amendment 432 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 3 – point d a (new)
Article 42 – paragraph 3 – point d a (new)
(d a) information on the amount of waste which is littered domestically and on measures taken to prevent and clean up litter;
Amendment 433 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 3 a (new)
Article 42 – paragraph 3 a (new)
3 a. Verification shall be based on the information and supporting evidence provided above by the concerned country, as well as other relevant information deemed relevant in order to determine whether the country making the request has put in place and implemented all necessary measures to ensure that the waste concerned will be managed in an environmentally sound manner as referred to in Article 56. In order to perform this verification, the EU Commission shall use, as points of reference, the relevant provisions in the legislation and guidance referred to in Annex IX and the OECD Recommendation on the Environmentally Sound Management (ESM) of Waste in addition to establishing a consultation committee consisting of relevant national experts, industry representatives for the waste concerned and representatives of NGOs and CSOs, including from the concerned country.
Amendment 437 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 4 – introductory part
Article 42 – paragraph 4 – introductory part
4. Where, further to the request referred to in paragraph 2, the country concerned does not provide sufficient evidence as referred to in paragraph 3 that the waste is managed in an environmentally sound manner in accordance with Article 56,or that there are no negative effects on the management of domestic waste, the Commission is empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by prohibiting the export of the waste concerned to this country.
Amendment 447 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2 a. The independent and accredited third party shall have a high level of technical and specialised expertise in the field of waste in order to conduct the audit.It shall be accredited to carry out audits in accordance with ISO 19011 standard, the accreditation being obtained from a national accreditation body appointed by an EU Member State according to Regulation (EC) No 765/2008. The independent and accredited third party shall be subject to principles of professional ethics, covering at least their integrity and objectivity and their professional competence and due care. When carrying out an audit, the independent and accredited third party shall be independent of the audited entity. The natural or legal person that has commissioned an audit shall not intervene in the execution of the audit in any way which jeopardises the independence and objectivity of the independent and accredited third party.
Amendment 451 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 2 b (new)
Article 43 – paragraph 2 b (new)
2 b. Guidelines for quality and/or environmental management systems auditing set out in the EN ISO 19011:2018 standard shall apply to the work conducted by the independent and accredited third party. The independent and accredited third party shall, in its audit report, provide an opinion, on the compliance of the facility with the criteria laid down in Annex X in accordance with reasonable assurance engagement principles, as defined under the International Standard on Assurance Engagements (ISAE 3000 (Revised)).
Amendment 458 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. The audit referred to in paragraph 2 shall verify compliance of the facility concerned, respectively for each relevant individual unit, with the criteria laid down in Annex X. A legal or natural person shall not export waste to a facility which does not comply with those criteria.
Amendment 459 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3 a. When the audit commissioned by a legal or natural person concludes that the facility concerned does not comply with the criteria laid down in Annex X, the independent and accredited third party shall inform the relevant competent authorities and the Commission of the result of the audit and the reasons for the non-compliance.
Amendment 464 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. A natural or legal person intending to export waste shall ensure that the facility which will manage the waste in the country of destination has been subject to an audit referred to in paragraph 2 prior to exporting waste to the facility concerned and that the audit is repeated at regular intervals, following a risk-based approach, with a minimum frequency of every threewo years after the first audit.
Amendment 467 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. A natural or legal person that has commissioned or carried out an audit for a given facility in accordance with paragraph 2 shall ensure that such audit be made available to other natural or legal person intending to export waste to the facility in question, under fair commercial conditions. Where the audit assesses that the facility in question complies with the criteria laid down in Annex X, the name and location of the facility shall be made available to the public through a centralised publicly available register. That register shall be established and maintained up-to-date by the Commission.
Amendment 472 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 7
Article 43 – paragraph 7
7. Natural or legal persons exporting waste outside the Union shall on a yearly basis make information on how they comply with their obligations under this Article publicly available by electronic means. and provide the Commission the audit reports carried out in accordance with paragraph 4. The Commission shall centralise and publish the audit reports on a website that is made publicly available
Amendment 475 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
Amendment 483 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 9
Article 43 – paragraph 9
Amendment 487 #
2021/0367(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2 a. In case it is found that natural and legal persons exporting waste from the Union do not comply with the obligations referred to in Article 43, Member States shall take all necessary measures to prohibit shipments from that natural or legal person.
Amendment 489 #
2021/0367(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. For the purposes of export of waste, the waste shipped shall be deemed to be managed in an environmentally sound manner as regards the recovery or disposal operation concerned, where it can be demonstrated that the waste, as well as any residual waste generated through the recovery operation, will be managed in accordance with human health, social standards and environmental protection requirements that are broadly equivalent to the human health, social standards and environmental protection requirements laid down in Union legislation. When assessing such broad equivalence, full compliance with requirements stemming from Union legislation shall not be required, but it should be demonstrated that the requirements applied in the country of destination ensure a similar level of protection of human health, social standards and the environment than the requirements stemming from Union legislation. The operations linked to the management of waste shall contribute to reduce emissions into air, water and land and achieve a high-level of protection of the environment taken as a whole, and shall prevent or limit to the best extent the pollution of air, soil, surface water and groundwater as well as other negative effects on the environment, odours and noise, and direct risks to human health.
Amendment 495 #
2021/0367(COD)
Proposal for a regulation
Article 56 – paragraph 2 a (new)
Article 56 – paragraph 2 a (new)
Amendment 500 #
2021/0367(COD)
Proposal for a regulation
Article 57 – paragraph 2 a (new)
Article 57 – paragraph 2 a (new)
2 a. Member States shall carry out inspections to prevent and detect illegal shipments of waste on the basis of a Union risk-based targeting mechanism. In order to promote the harmonisation of inspections, the Commission shall adopt implementing acts to define the detailed elements of the Union risk-based targeting mechanism. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Amendment 502 #
2021/0367(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Inspections of shipments shall include at least verification of documents, confirmation of the identity of the actors involved in those shipments and, where appropriate, physical checking of the waste.
Amendment 508 #
2021/0367(COD)
Proposal for a regulation
Article 58 – paragraph 6
Article 58 – paragraph 6
6. Where the evidence referred to in paragraph 4 or required in accordance with paragraph 5 has not been submitted to the authorities involved in inspections within the period specified by them, or they consider the evidence and information available to them to be insufficient to reach a conclusion, the shipment concerned shall be considered as an illegal shipment and shall be dealt with in accordance with Articles 24 and 25. The authorities involved in inspections shall, without delay, inform the competent authority of the country where the inspection concerned took place accordingly.
Amendment 516 #
2021/0367(COD)
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. The Commission shall review the inspection plans notified by the Member States in accordance with paragraph 4 and, if appropriate, draw up reports, based on the review of these plans, on the implementation of this Article. Such reports shall take into account the flows, tonnage and value of waste to third countries to identify relevant priorities. Such reports may include, inter alia, recommendations on priorities of inspections and on enforcement cooperation and coordination between the relevant authorities involved in inspections. Such reports may also be presented, where appropriate, in the meetings of the waste shipment enforcement group established under Article 63 and shall be submitted to the European Parliament and the European Council.
Amendment 525 #
2021/0367(COD)
Proposal for a regulation
Article 69 – paragraph 4 – subparagraph 2
Article 69 – paragraph 4 – subparagraph 2
The report mentioned in the first subparagraph shall be drawn up for the first time by [OP: Please insert date of the end of the fifthrst year after the date of entry into force of this Regulation] and every four years thereafter.
Amendment 536 #
2021/0367(COD)
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. The delegation of power referred to in Articles 14(3), 28(4), 38(1), 42(4) and 75 shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 544 #
2021/0367(COD)
Proposal for a regulation
Article 76 – paragraph 6
Article 76 – paragraph 6
6. A delegated act adopted pursuant to Articles 14(3), 28(4), 38(1), 42(4) and 75 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 545 #
2021/0367(COD)
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
By not later than 31 December 20350, the Commission shall, taking into account, inter alia, the reports drawn up in accordance with Article 69, and the review referred to in Article 59(5), carry out a review of this Regulation and submit a report on the results thereof to the European Parliament and to the Council, accompanied, if the Commission deems it appropriate, by a legislative proposal.
Amendment 556 #
2021/0367(COD)
Proposal for a regulation
Annex IIIA – point 4 – introductory part
Annex IIIA – point 4 – introductory part
4. The following mixtures of wastesMixtures of plastic waste, consisting of polyethylene (PE), polypropylene (PP) and/or polyethylene terephthalate(PET) classified under separate indents or sub- indents of one single entryentry B3011 are included in this Annex only for the purposes of shipments destined for recycling within the Union: and provided they are almost free from contamination and other types of waste.
Amendment 557 #
2021/0367(COD)
Proposal for a regulation
Annex IIIA – point 4 – point a
Annex IIIA – point 4 – point a
Amendment 558 #
2021/0367(COD)
Proposal for a regulation
Annex IIIA – point 4 – point b
Annex IIIA – point 4 – point b
Amendment 560 #
2021/0367(COD)
Proposal for a regulation
Annex IIIA – point 4 – point c
Annex IIIA – point 4 – point c
Amendment 590 #
2021/0367(COD)
Proposal for a regulation
Annex III – Part I – point g
Annex III – Part I – point g
g) For waste shipped within the Union, Basel entry B3011 does not apply and the following entry applies instead: EU3011 Plastic waste (note the related entry AC300 in part II of Annex IV, and the related entry EU48 in part I of Annex IV): Plastic waste listed below, provided it is almost free from contamination and other types of wastes3 and destined for recycling: — Plastic waste almost exclusively4 consisting of one non-halogenated polymer, including but not limited to the following polymers: — Polyethylene (PE) — Polypropylene (PP) — Polystyrene (PS) — Acrylonitrile butadiene styrene (ABS) — Polyethylene terephthalate (PET) — Polycarbonates (PC) — Polyethers — Plastic waste almost exclusively1 consisting of one cured resin or condensation product, including but not limited to the following resins: — Urea formaldehyde resins — Phenol formaldehyde resins — Melamine formaldehyde resins — Epoxy resins — Alkyd resins — Plastic waste almost exclusively1 consisting of one of the following fluorinated polymers2: — Perfluoroethylene/propylene (FEP) — Perfluoroalkoxy alkanes: — Tetrafluoroethylene/perfluoroalkyl vinyl ether (PFA) — Tetrafluoroethylene/perfluoromethyl vinyl ether (MFA) — Polyvinylfluoride (PVF) — Polyvinylidenefluoride (PVDF) — Polytetrafluoroethylene (PTFE) — Polyvinyl chloride (PVC).
Amendment 594 #
2021/0367(COD)
Proposal for a regulation
Annex VIII – Part 2 – point 7 a (new)
Annex VIII – Part 2 – point 7 a (new)
(7 a) Aarhus Convention on Access to Signed: yes no information, public participation in Ratified: yes no decision making and access to justive in environmental matters
Amendment 596 #
2021/0367(COD)
Proposal for a regulation
Annex VIII – Part 2 – point 7 b (new)
Annex VIII – Part 2 – point 7 b (new)
(7b) ILO Conventions Signed: yes no Ratified: yes no
Amendment 599 #
2021/0367(COD)
Proposal for a regulation
Annex VIII – Part 2 a (new)
Annex VIII – Part 2 a (new)
Part 3 - Commitment to ensure that waste received from the European Union is managed and treated in accordance with Article 56. Hereby, (name and contact details of competent authority)… on behalf of (Country)………… (hereafter 'the country') declares that the country ensure that any waste shipped to its territory is managed without endangering human health and in an environmentally sound manner throughout the recovery and the disposal of the waste.
Amendment 883 #
2021/0366(COD)
Amendment 891 #
2021/0366(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2
Annex II – paragraph 1 – point 2
2. Harmonised System code, free-text description, including the trade name as well as , where applicable, the full scientific name, and quantity70 of the relevant commodity or product that is intended to be placed on or exported from the Union market by the operator; __________________ 70 The quantity must be expressed in kilograms of net mass and, when applicable, also in the supplementary unit set out in Annex I to Council Regulation (EEC) No 2658/87 against the indicated Harmonised System code. A supplementary unit is applicable when it is defined consistently for all possible subheadings under the Harmonised System code mentioned in the due diligence statement.
Amendment 894 #
2021/0366(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3
Annex II – paragraph 1 – point 3
3. Country of production and all plots of land of production, including geo- localisation coordinates, latitude and longitude or polygon, and date or time range of production. Where a product or commodity contains materials, ingredients or components produced in different plots of land, the geo-location coordinates of all different plots of land shall be included;
Amendment 899 #
2021/0366(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation, ecosystem conversion, ecosystem and forest degradation and human rights violations and repealing Regulation (EU) No 995/2010 (Text with EEA relevance)
Amendment 900 #
2021/0366(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Deforestation, natural ecosystem conversion, ecosystem and forest degradation contribute to the global climate crisis in multiple ways. Most importantly, they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity. Deforestation alone accounts for 11 % of greenhouse gas emissions20 . __________________ 20 IPCC, Climate Change and Land: an IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems, https://www.ipcc.ch/srccl/.
Amendment 901 #
2021/0366(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity helps mitigate climate change. Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation, natural ecosystem conversion, natural ecosystem and forest degradation and systemically restoring forests and other ecosystems is the single largest nature- based opportunity for climate mitigation.
Amendment 902 #
2021/0366(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Union consumption is a considerable driver of deforestation, natural ecosystem conversion and natural ecosystem and forest degradation on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of the six commodities included in the scope (wood, cattle, soy, palm oil, cocoa and coffee) will rise to approximately 248,000 hectares of deforestation annually by 2030.
Amendment 903 #
2021/0366(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The European Parliament highlighted that ongoing destruction and degradation of the world’s forests isand natural ecosystems, as well as human rights violations, are linked, to a large extent, to the expansion of agricultural production — in particular by converting forests to agricultural land dedicated to producing a number of high-demand products and commodities. The Parliament adopted on 22 October 2020 a resolution32 in accordance with Article 225 of the Treaty on the Functioning of the European Union (TFEU) requesting the Commission to submit, on the basis of Article 192(1) TFEU, a proposal for an “EU legal framework to halt and reverse EU-driven global deforestation” based on mandatory due diligence. __________________ 32 European Parliament resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation (2020/2006(INL) Available at https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0285_EN.html.
Amendment 904 #
2021/0366(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Combatting deforestation, natural ecosystem conversion, as well as natural ecosystem and forest degradation constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the Union's commitment under the European Green Deal as well as with the 2015 Paris Agreement on Climate Change33 , and with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050 at the latest and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030. __________________ 33 Ratified by the EU on 5 October 2016, and entered into force on 4 November 2016.
Amendment 905 #
2021/0366(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation also follows the CommExisting free trade agreement’s Trade and Sustainable Development chapters with provission’s Communication on “An Open, Sustainable and Assertivon environmental protection, climate change, biodiversity and forests do not provide for sufficiently implementable obligations and are not enforceable. Regional free Ttrade Policy”38 which stated that wagreements often contribute to agricultural land expansion and net deforestation. With new internal and external challenges and more particularly a new, more sustainable growthdevelopment model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy –one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the UN Sustainable Development Goals. Trade policy must play its full role in the recovery from the COVID-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient Europe in the world. __________________ 38 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Trade Policy Review - An Open, Sustainable and Assertive Trade Policy, COM(2021) 66 final, 18 February 2021.
Amendment 906 #
2021/0366(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the roleand strengthening the role and rights of indigenous people, improving governance and land tenure, including the right to free, prior and informed consent, increasing law enforcement and promoting sustainable forest management, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledge the role of indigenous people in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation.
Amendment 907 #
2021/0366(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) This Regulation recognises the economic importance of commodity exports for third countries as well as the specific challenges that smallholders, especially women, may face. Given that the share of smallholders in the production of the commodities concerned can be very high, special attention needs to be paid to the challenges that smallholders will face with the implementation of this Regulation. It is crucial that the operators buying from smallholders provide timely financial and technical support to help smallholders meet the new Union market access requirements. To support sustainable practices, such as agro-ecology and community forest management, the EU should tackle direct and indirect drivers of deforestation, including poverty, by promoting a living income for smallholders producing goods exported to the EU and securing sufficient resources to specifically support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the EU market. At the same time, the setting up of a credible traceability system can empower smallholder farmers as it can avoid the non-payment of promised sustainability premiums, allow for electronic payments to producers by using the national traceability system thus combatting fraud and enable local authorities to collect knowledge on the number of producer plots and control the number of farmers.
Amendment 908 #
2021/0366(COD)
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21 b) In line with the UN Guiding Principles on Business and Human Rights (UNGP) and the OECD Guidelines for Multinational Enterprises, this Regulation should recognise that in carrying out their due diligence, companies must pay particular attention to the actual and potential negative impacts of their activities on marginalised or vulnerable groups. Businesses should also have to take into account the different risks that women and men may face, as women and people with different gender identities face gender-specific impacts.
Amendment 909 #
2021/0366(COD)
Proposal for a regulation
Recital 21 c (new)
Recital 21 c (new)
(21 c) This Regulation takes into account the UN Guiding Principles on Business and Human Rights, according to which all companies, regardless of their size, have a responsibility to respect human rights, while the policies and procedures for meeting these obligations must be commensurate with their size.
Amendment 910 #
2021/0366(COD)
Proposal for a regulation
Recital 21 d (new)
Recital 21 d (new)
(21 d) In order to provide support to operators and traders and to Competent Authorities, the Commission, in consultation with Member States, non- governmental organisations and other stakeholders should issue guidelines, including for specific sectors, to facilitate compliance with the information, risk assessment and risk mitigation requirements of this Regulation.
Amendment 911 #
2021/0366(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The Commission should also examine how land rights can be integrated into monitoring under the EU Observatory. The EU Observatory will cooperate closely with relevant international organisations, research institutes, non-governmental organisations and third countries.
Amendment 912 #
2021/0366(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The definition of “deforestation, conversion and degradation- free” should be sufficiently broad to cover both deforestation, natural ecosystem conversion, as well as natural ecosystem and forest degradation, it should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data.
Amendment 913 #
2021/0366(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation, natural ecosystem conversion, as well as natural ecosystem and forest degradation and for which a Union policy intervention could bring highest benefits per unit value of tradebenefits. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of eight commodities. Wood was directly included in the scope as it was already covered by the EUTR. The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectares of deforestation linked to EU consumption, as estimated in a recent research paper44 , for each of those commodities with their average value of EU imports. According to the research paper used for the efficiency analysis, six commodities represent the largest share of EU-driven deforestation among the total of eight commodities analysed in that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%). Other commodities, such as maize, rubber, poultry, swine, sheep and goats are also contributing to EU-driven global deforestation, natural ecosystem conversion, natural ecosystem and forest degradation. All these commodities, as well as all goods that contain, have been fed with or have been made using these, or products deriving from them, should be within the scope of this Regulation from the beginning. The Commission should be empowered to add additional commodities and products to Annex I by delegated acts. __________________ 44 Pendrill F., Persson U. M., Kastner, T. 2020.
Amendment 914 #
2021/0366(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, natural ecosystem conversion, as well as natural ecosystem and forest degradation, and to promote deforestation, conversion and degradation- free supply chains.
Amendment 915 #
2021/0366(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A cut-off date should be set to provide a basis for the evaluation of whether concerned land has been subject to deforestation or forest degradation, meaning that no commodities and products in the scope of this Regulation would be allowed to enter the Union market or be exported if they were produced on land subject to deforestation, natural ecosystem conversion, or natural ecosystem or forest degradation after that date. It should allow for the appropriate verification and monitoring, correspond to existing international commitments, such as the SDGs and the New York Declaration on Forests, thusand minimisinge sudden disruption to supply chains while removing any incentive to accelerate activities leading to deforestation and forest degradation in view of the entry into force of this Regulation.
Amendment 916 #
2021/0366(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, and to ensure that commodities and products from supply chains related to deforestation, natural ecosystem conversion and natural ecosystem and forest degradation are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation, conversion and degradation-free and have been produced in accordance with the relevant legislation of the country of productionaw. To confirm that this is the case, they should always be accompanied by a due diligence statement.
Amendment 917 #
2021/0366(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation, conversion and degradation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include threefour elements: information requirements, risk assessment and risk mitigation measures and reporting obligations. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation, natural ecosystem conversion and natural ecosystem and forest degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including geo-location coordinates or polygons of relevant plots of land. These geo-location coordinates or polygons that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). Polygon mapping, by providing information on the accurate location and the accurate size of the plot of land, in combination with information on the accurate yield quantity allows for better estimates about the production potential of a farm and to detect volumes of commodities and products that are beyond the potential production of that farm and might indicate attempts of commodity- or product-laundry. On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it. In order to foster transparency and facilitate enforcement, operators should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations.
Amendment 918 #
2021/0366(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33 a) Operators should undertake reasonable efforts to ensure a fair price is paid to the producers they source from, in particular smallholders, so as to enable a living income and effectively address poverty as a root cause of deforestation.
Amendment 919 #
2021/0366(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to recognise good practice, certification or other third party verified schemes could be used in the risk assessment procedure, however, they should notby no means substitute the operator’s responsibility as regards due diligence.
Amendment 920 #
2021/0366(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 921 #
2021/0366(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments. This Regulation aims at checking the conformity of commodities and products with sustainability and legality requirements. It applies ex-ante, before commodities or products are placed on or exported from the EU market. The existence of this Regulation should not exclude the application of other EU legislative instruments that lay down requirements regarding value chain due diligence. Where such other EU legislative instruments provide for more specific provisions or add requirements to the provisions laid down in this Regulation, such provisions should be applied in conjunction with those of this Regulation. Furthermore, where this Regulation contains more specific provisions, they should not be interpreted in a way that undermines the effective application of other EU legislative instruments on due diligence or the achievement of their general aim.
Amendment 922 #
2021/0366(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) For the relevant commodities and products entering or leaving the Union market, competent authorities are tasked with the verification of the compliance of relevant commodities and products with the obligations under this Regulation, whereas the role of customs is to ensure that the reference of a due diligence statement is made available in the customs declaration where applicable and, in addition as from the moment the electronic interface will be in place to exchange information between customs authorities and competent authorities, to check the status of the due diligence statement after an initial risk analysis carried out by competent authorities in the Information System and act accordingly (i.e. suspend or refuse a commodity or product if requested to do so through the status in the Information System). This specific organisation of controls discards the application of Chapter VII of Regulation (EU) 2019/1020 in so far as the application and enforcement of this Regulation is concerned.
Amendment 923 #
2021/0366(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market variescan vary depending on the commodity and product as well as on its country of origin and production. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities.
Amendment 924 #
2021/0366(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation, natural ecosystem conversion, and natural ecosystem and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation, natural ecosystem conversion, forest and natural ecosystem degradation and the rights of indigenous peoples and local communities. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a threewo-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst cCompetent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation.
Amendment 925 #
2021/0366(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The checks of operators and traders by competent authorities should cover the due diligence systems and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation, natural ecosystem conversion, natural ecosystem and forest degradation and human rights violations associated to relevant commodities and products in the country of production or part thereof, the history of compliance of operators and traders with the obligations of this Regulation and any other relevant information available to competent authorities. The risk analysis of due diligence statements should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements. Where necessary, competent authorities, in close cooperation with authorities in third countries, should also conduct controls in situ.
Amendment 926 #
2021/0366(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) Operators should support the compliance of their suppliers that are smallholders, with this regulation, including through investments and capacity-building, as well as pricing mechanisms that enable a living income for the producers they source from.
Amendment 927 #
2021/0366(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The plan for checks should be regularly updated on the basis of the results of its implementation. Those operators showing a consistent track record of compliance shouldmight be subject to a reduced frequency of checks.
Amendment 928 #
2021/0366(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to ensure implementation and effective enforcement of this Regulation, Member States should have the power to withdraw and recall non- compliant relevant commodities and products and take appropriate corrective actions. They should also ensure that infringements of this Regulation by operators and traders are sanctioned by effective, proportionate and dissuasive penalties and that operators failing to comply with the duties of this Regulation are liable and obliged to compensate for the harm that the exercise of due diligence would have avoided.
Amendment 929 #
2021/0366(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Taking into account the international character of deforestation, natural ecosystem conversion and natural ecosystem and forest degradation and related trade, competent authorities should cooperate with each other, with customs authorities of the Member States, with the Commission, as well as with the administrative authorities of third countries. Competent authorities should also cooperate with the competent authorities for the supervision and enforcement of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts.
Amendment 930 #
2021/0366(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated actEcosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. They as well are increasingly under pressure of conversion and degradation due to commodity production for the EU market. To address this, these ecosystems should also be covered by this Regulation.
Amendment 931 #
2021/0366(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, pProtecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. An evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems than forests should therefore be undertaken within 2 years of the entry into force of this Regulation.
Amendment 932 #
2021/0366(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Since the objective of this Regulation, fighting against deforestation, natural ecosystem conversion and natural ecosystem and forest degradation by reducing the contribution of consumption in the Union and by incentivising deforestation, ecosystem conversion and ecosystem and forest degradation reduction in producer countries, cannot be achieved by the Member States individually and can therefore, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 933 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm, soya and wood (“relevant commodities”) and products, as listed in Annex Iertain commodities, listed in Annex I (“relevant commodities”), that contain, have been fed with or have been made using relevant commodities or products deriving from them (“relevant products”), with a view to
Amendment 934 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) minimising the Union’s contribution to deforestation and forest, forest degradation, ecosystem conversion and ecosystem degradation worldwide
Amendment 935 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(b a) preventing the violation of human rights linked to the production of relevant commodities and products
Amendment 936 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b b (new)
Article 1 – paragraph 1 – point b b (new)
(b b) contributing to a reduction in global deforestation, natural ecosystem conversion, forest and natural ecosystem degradation and the violation of human rights linked to the production of relevant commodities and products.
Amendment 937 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Regulation shall not apply to relevant commodities and products placed on the Union market that were produced before the date established in Article 36(1).
Amendment 938 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forests to another land use, including agricultural use, whether human- induced or not. This definition also applies to the conversion of forests that are not plantation forests into plantation forests;
Amendment 939 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘agricultural use’ means the use of land for any one or more of the following: cultivation of temporary or annual crops that have a growing cycle of one year or less; cultivation of permanent or perennial crops that have a growing cycle of more than one year, including tree crops; cultivation of permanent or temporary meadows or pastures; and temporarily fallow land.
Amendment 940 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2 b) ‘ecosystem conversion’ means the change of a natural ecosystem to another land use or change in a natural ecosystem’s species composition, structure, or function. This includes the introduction of management practices that result in a substantial and sustained change in the ecosystem’s species composition, structure, or function.
Amendment 941 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘plantation forest’ means a planted forest that is intensively managed and meets, at planting and stand maturity, all the following criteria: one or two species, even age class, and regular spacing. It specifically includes all short rotation plantations for wood, fibre and energy, and. It specifically excludes all forests planted for protection or ecosystem restoration, as well as forests established through planting or seeding which at stand maturity resemble or will resemble naturally regenerating forests;
Amendment 942 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5 a) ‘natural ecosystem’ means an ecosystem, including human-managed ecosystems, that substantially resembles, in terms of species composition, structure, and ecological function, an ecosystem that is or would be found in a given area in the absence of major human impacts. These include, in particular, land with high carbon stocks and land with a high biodiversity value such as savannahs, grasslands, peatlands and wetlands, such as mangroves.
Amendment 943 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means charvesting operations that are not sustainable and cause a reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other pronges within a forest that negatively affect its species composition, structure, or function and reduce the forest’s capacity to support biodiversity or deliver ecosystem services, whether human inductsed or servicesnot;
Amendment 944 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 945 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘ecosystem degradation’ means changes within a natural ecosystem that negatively affect its species composition, structure, or function and reduce the ecosystem’s capacity to support biodiversity, or deliver ecosystem services.
Amendment 946 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – introductory part
Article 2 – paragraph 1 – point 8 – introductory part
(8) ‘deforestation, conversion and degradation-free’ means
Amendment 947 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation or natural ecosystem conversion after December 31, 20207, and
Amendment 948 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
(b) that the woodrelevant commodities hasve been harvested from the forest without inducing forestproduced without inducing or contributing to forest or ecosystem degradation after December 31, 20207;
Amendment 949 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘negligible risk’ means the level of risk that applies to relevant commodities and products to be placed on, or exported from, the Union market when, following a full assessment of both the product-specific and the general information on compliance with Articles 3(a) and 3(b) by relevantand the application of the appropriate mitigation measures, these commodities or products showing no cause for concern;
Amendment 950 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16 a) ‘meaningful engagement with stakeholders’ means understanding the concerns and interests of relevant stakeholders, in particular the most vulnerable groups such as smallholders and indigenous peoples, as well as local communities, including women, by consulting them directly in a manner that takes into account potential barriers to effective engagement.
Amendment 951 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation, conversion and degradation-free’ manner, or were not produced in accordance with the relevant legislationaw of the country of production, or both;
Amendment 952 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19 a) ‘polygon’ means a geographic boundary that encloses a continuous area of land representing a plot of land.
Amendment 953 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘substantiated concern' means well- foundeda claim based on objective and verifiable information regarding non- compliance with the present Regulation and which may require the intervention of competent authorities;
Amendment 954 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘relevant legislation of the country of production’ means the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production;aw' means:
Amendment 955 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point a (new)
Article 2 – paragraph 1 – point 28 – point a (new)
a) the rules applicable in the country of production concerning the legal status of the area of production, land use rights, environmental protection, third parties’ rights, labour rights, as well as relevant, tax, anti-corruption, trade, customs, payment and contract regulations under the legal framework applicable in the country of production;
Amendment 956 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b (new)
Article 2 – paragraph 1 – point 28 – point b (new)
b) human rights protected under international law, in particular under any treaties and other instruments ratified or endorsed by the country of production. These include instruments protecting: The Universal Declaration of Human Rights, customary tenure rights and the right to free, prior and informed consent (FPIC), as set out among others by the UN Declaration on the Rights of Indigenous Peoples, the UN Permanent Forum on Indigenous Issues and UN and regional treaty bodies, FAO Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, United Nations Declaration on the Rights of Peasants, the right to water, the right to environmental protection and sustainable development, the right to defend human rights and the environment, free from any form of persecution and harassment, United Nations Convention against Transnational Organised Crime and the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, labour rights as enshrined in ILO fundamental conventions, such as the Freedom of Association and Protection of the Right to Organise Convention (No. 87), the Right to Organise and Collective Bargaining Convention (No.98), the Forced Labour Convention (NO. 2)) and its 2014 Protocol, Abolition of Forced Labour Convention (No. 105), Minimum Age Convention (No. 138), Worst Forms of Child Labour Convention (No. 182), Equal Remuneration Convention (No. 100), Discrimination(Employment and Occupation) Convention (No 111), Protection of the Rights of Indigenous Peoples Convention (No. 169), women’s rights as enshrined in the UN Convention on the Elimination of All Forms of Discrimination Against Women, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the ILO Harassment and Violence Convention and other internationally recognised human rights related to land use, access or ownership, as well as the human right to a healthy environment, as defined in the Framework Principles on Human Rights and the Environment and the standards and good practices identified by the UN Special Rapporteur on human rights and the environment. Where national laws fall short of international standards, operators must ensure that the above-mentioned rights are complied with.
Amendment 957 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28 a) ‘free, prior and informed consent (FPIC)’ means a collective human right of indigenous peoples and local communities to give and withhold their consent prior to the commencement of any activity that may affect their rights, land, resources, territories,livelihoods, and food security. It is a right exercised through representatives of their own choosing and in a manner consistent with their own customs, values, and norms;
Amendment 958 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 b (new)
Article 2 – paragraph 1 – point 28 b (new)
(28 b) ‘human rights defenders’ means individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms. Human rights defenders seek the promotion and protection of civil and political rights as well as the promotion, protection and realisation of economic, social and cultural rights. Human rights defenders also promote and protect the rights of members of groups such as indigenous communities;
Amendment 959 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 c (new)
Article 2 – paragraph 1 – point 28 c (new)
(28 c) ‘environmental human rights defenders’ means individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, including water, air, land, flora and fauna.
Amendment 960 #
2021/0366(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) they are deforestation, conversion and degradation-free;
Amendment 961 #
2021/0366(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) they have been produced in accordance with the relevant legislation of the country of productionaw, as defined in Article 2(28); and
Amendment 962 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new information, including substantiated concerns, that indicate a non-negligible risk that the relevant commodity or product that they have already placed on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market, as well as traders to whom they have supplied the relevant commodity or product in view of preventing further circulation on, or export from, the internal market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
Amendment 963 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7 a. Operators shall engage with stakeholders prior to taking any decisions that may impact them. This involves the timely provision of all information needed by potentially impacted stakeholders to be able to make an informed decision as to how the decision could affect their interests. It also means there is follow- through on implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed.
Amendment 964 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Traders which are SMEs that have received new information, including substantiated concerns, that indicates a non-negligible risk that the relevant commodity or product that they have already made available on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they made available the relevant commodity or product on the market.
Amendment 965 #
2021/0366(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(c a) reporting obligations as referred to in Article 11.
Amendment 966 #
2021/0366(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Operators shall ensure meaningful engagement and participation of all relevant stakeholder groups, in particular indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products, at all stages of the due diligence process. They shall engage with stakeholders prior to taking any decisions that may impact them.
Amendment 967 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) description, including the trade name and type of relevant commodities and products as well as, where applicable, the common name of the species and its full scientific name; for relevant products, the description shall include mention of the relevant commodities, or products derived from them, that are contained as components or ingredients, used as feed or used in the production process;
Amendment 968 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) identification of the country and part thereof of production;
Amendment 969 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) geo-localisation coordinates, latitude and longitude of all plots of land, and/or the polygon map of the boundaries of all plots of land, where the relevant commodities and products were produced, as well as date or time range of production;
Amendment 970 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) name, email and address of any business or person from whom they have been supplied with the relevant commodities or products and of all the other suppliers included upstream in the supply chain;
Amendment 971 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of productionaw, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity and that the arrangement was made based on free, prior and informed consent (FPIC);
Amendment 972 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(h a) adequate and verifiable information, obtained via independent audits and appropriate consultation processes, that the area used for the purpose of producing the relevant commodities and products is not subject to any claims on the basis of indigenous, customary or other legitimate tenure rights or subject to any dispute regarding their use, ownership or occupation;
Amendment 973 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h b (new)
Article 9 – paragraph 1 – point h b (new)
(h b) adequate and verifiable information disclosing the views of any indigenous peoples, local communities and other groups that claim tenure rights in respect of the area used for the purpose of producing the relevant commodities and products regarding the production of the relevant commodities and products;
Amendment 974 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1 concerning further relevant information to be obtained and evidence to be provided that may be necessary to ensure the effectiveness of the due diligence system.
Amendment 975 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1(d) specifying for which relevant commodities and products the operator shall provide geolocalisation points or geolocalisation polygons, or both, to ensure the effectiveness of the due diligence system,
Amendment 976 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the assignment of riska high-risk level to the relevant country or parts thereof in accordance with Article 27;
Amendment 977 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the presence of forests or of other natural ecosystems in the country and area of production of the relevant commodity or product;
Amendment 978 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(b a) the existence of claims to or disputes regarding the use of, ownership of, or exercise of customary tenure rights on the area used for the purpose of producing the relevant commodities and products, whether formally registered or not;
Amendment 979 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b b (new)
Article 10 – paragraph 2 – point b b (new)
(b b) the presence of indigenous peoples, local communities and other customary tenure rights holders in the country and area of production of the relevant commodity or products;
Amendment 980 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest, natural ecosystem conversion or forest and ecosystem degradation in the country, region and area of production of the relevant commodity or product;
Amendment 981 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country of production and origin or part thereof, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, absence, lack of enforcement or violation of rights of, or violence against, indigenous peoples, local communities or other customary tenure rights holders, as well as human rights and environmental human rights defenders, weak governance, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
Amendment 982 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the risk of mixing with products of unknown origin or produced in areas where deforestation or forest degradation has, ecosystem conversion or forest and ecosystem degradation, as well as violations of the relevant law have occurred or isare occurring;
Amendment 983 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Wood products which are in scope of Council Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to be in compliance with the rules applicable in the country of production, as defined in Article 3(b2(28)(a) of this Regulation.
Amendment 984 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits, capacity-building and financial investments for smallholders or other measures pertaining to information requirements set out in Article 9.
Amendment 985 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraphs 2, 4, 6 and 67a as regards relevant information to be obtained, risk assessment criteria and risk mitigation measures that may be necessary to supplement those referred to in this Article to ensure the effectiveness of the due diligence system.
Amendment 986 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in Article 3(a),(b) and (bc). The due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for new developments which may influence the exercise of due diligence when operators become aware of them. Operators shall keep record of updates in the due diligence system(s) for 5 years.
Amendment 987 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence, operators which are not SMEOperators shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Article 8, 9 and 10, as well as the implementation and outcomes of their due diligence, and measures they have taken to support the compliance of smallholders, including through investments and capacity building. Operators falling also within the scope of other EU legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other EU legislative instruments.
Amendment 988 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Reports shall, in respect of relevant commodities and products supplied by each supplier: (a) include the information described in Articles 9(1)(a) to (e); (b) describe the information and evidence obtained and used to assess the compliance of the relevant commodities and products with Articles 3(a), (b) and (c); (c) state the conclusions of the risk assessment conducted under Article 10(1) and describe any risk mitigation procedures or measures undertaken pursuant to Article 10(4); (d) the date and place where relevant commodities and products were placed on or exported from the Union market; and (e) provide evidence of consultation of indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products.
Amendment 989 #
2021/0366(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Guidelines for Operators and Traders Without prejudice to the obligations of operators and traders to exercise due diligence as set out in Article 8, the Commission shall provide guidance in the form of non-exhaustive lists of relevant rules applicable to the production of relevant commodities and products in the countries of origin and of production or parts thereof in order to facilitate compliance with the requirements of this Regulation. Such guidance shall be developed in consultation with the countries concerned and all relevant stakeholders, including civil society, indigenous peoples, local communities and smallholders, and take into account the aims of this Regulation stated in Article 1 and measures and existing processes considered to be best practice, which may form part of a structured dialogue conducted pursuant to Article 28.
Amendment 990 #
2021/0366(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 991 #
2021/0366(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that the competent authorities have adequate powers, functional independence and resources to perform the obligations set out in Chapter 3 of this Regulation.
Amendment 992 #
2021/0366(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Without prejudice to the operators’ obligation to exercise due diligence as set out in Article 8, Member States may provide technical and other assistance and guidance to operators, taking into account the situation of SMEs, in order to facilitate compliance with the requirements of this Regulation. Such assistance shall be without prejudice to the powers of competent authorities to enforce this regulation.
Amendment 993 #
2021/0366(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Member States, mayshall facilitate the exchange and dissemination of relevant information, in particular with a view to assisting operators in assessing risk as set out in Article 9, and on best practices regarding the implementation of this Regulation.
Amendment 994 #
2021/0366(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Assistance shall be provided by entities that are functionally and structurally separated from competent authorities, in a manner which does not compromise the independence, legal obligations and responsibilities of competent authorities in enforcing this Regulation.
Amendment 995 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan, which shall be made public, shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with Article 27, the history of complianceprevious failures of an operator or trader with this Regulation and any other relevant information. Based on the results of the checks andto ensure compliance with this Regulation, the quantity of relevant commodities and products being placed or made available on the market by the operator or trader, the experience on implementation of the plans, theod of time since the risk assessment for the relevant commodities or products was completent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulation. d, the proximity of the plots of land on which the relevant commodities and products were produced to forests and other natural ecosystems, and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness.
Amendment 996 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The suspensions referred to in paragraph 6 shall end within 37 working days unless the competent authorities, based on the result of the checks conducted within that period, conclude that they require additional time to establish whether the relevant commodities and products comply with the requirements of this Regulation. In such case, the competent authorities shall extend the period of suspension by means of additional interim measures taken under Article 21 or, in the case of relevant commodities or products entering or leaving the Union market, by notifying the customs authorities of the need to maintain the suspension under Article 24(6).
Amendment 997 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 510% of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 5at least 10% of the quantity of each of the relevant commodities placed or made available on or exported from their market.
Amendment 998 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall, without undue delay, conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation.
Amendment 999 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 12
Article 14 – paragraph 12
12. Checks shall be carried out without prior warning of the operator or trader, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks.
Amendment 1000 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 13 a (new)
Article 14 – paragraph 13 a (new)
13 a. Records of checks carried out under this regulation and reports of their results and outcomes shall constitute environmental information for the purpose of Directive 2003/4/EC and shall be made available upon request.
Amendment 1001 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Competent authorities shall cooperate with each other, with customs and other relevant authorities from other Member States, with the Commission, with civil society organisations and trade unions, and if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation.
Amendment 1002 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Competent authorities shall immediately alert competent authorities of other Member States and the Commission when they detect an actual or potential infringement of this Regulation and serious shortcomings that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant commodity or product on the market that is, or may be, not compliant with this Regulation, to enable the withdrawal or recall of such commodity or product from sales in all Member States or to support enforcement action by these competent authorities.
Amendment 1003 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks and the risk criteria on which they are based, the number and the results of the controlhecks carried out on operators and traders, including the contents of these checkresults of these checks, the number and the result of the controls carried out on relevant commodities and products including the results of these controls, the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the costs of controls recoveredoperators and traders against whom such measures were taken as well as the trading name of the non-compliant products, the costs of enforcement activities recovered in each instance, and operators and traders who failed to fulfil their obligations under this regulation and against whom an administrative authority or court has imposed penalties in line with Article 23 which are final within the proceeding four years, including the trading name of the relevant non-compliant products.
Amendment 1004 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission services shall make publicly available, on an annual basis, a Union-wide overview of the application of this Regulation based on the data submitted by the Member States under paragraph 1. Based on this report, the Commission shall issue recommendations to competent authorities to ensure the uniform application of this Regulation.
Amendment 1005 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. Member States shall notify the Commission without undue delay about any administrative or criminal sanction or penalty, including in the form of a formal warning, imposed on operators or traders for infringing their obligations under this Regulation.
Amendment 1006 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2 b (new)
Article 19 – paragraph 2 b (new)
2 b. The Commission shall publish in the Official Journal of the European Union a list of operators and traders identified in accordance with paragraph 2a that have failed to fulfil their obligations under this Regulation and the trading name of the relevant non- compliant products. The operator or trader concerned shall be informed of its inclusion. The list shall be made publicly available on the website of the Commission and regularly updated.
Amendment 1007 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2 c (new)
Article 19 – paragraph 2 c (new)
2 c. The Commission shall remove an operator or trader from the list of contravening operators and traders after one year at the earliest if the Member State has notified the Commission that the operator or trader has taken sufficient remedial action, including full payment of penalties and improvements to its due diligence system and if no further reports of sanctions or administrative or criminal proceedings concerning alleged contravening activity have been reported by the respective Member State authority. The Commission shall publish in its annual report a short justification for each operator or trader that has been removed from the list.
Amendment 1008 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2 d (new)
Article 19 – paragraph 2 d (new)
2 d. Without prejudice to paragraphs 1 to 2b, Member States and the Commission shall ensure that the public can enjoy unrestricted access to information relating to the application of this regulation on the basis of Directive 2003/4/EC and Regulation (EC) 1367/2006.
Amendment 1009 #
2021/0366(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 1530% of the operators placing, making available on or exporting from the Union market each of the relevant commodities and products on their market as well as 1530% of the quantity of each of the relevant commodities and products placed or made available on or exported from their market from high risk countries or parts thereof. Competent authorities shall ensure that the annual checks carried out on the basis of this article regularly include all of the elements listed in Article 15.
Amendment 1010 #
2021/0366(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Where, on the basis of the examination of evidence or other relevant information, including based on information exchanged under Article 18and substantiated concerns provided by third parties under Article 29, or following the checks referred to in Article 15 and 16, possible serious shortcomingsinfringement of this regulation have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities may take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products.
Amendment 1011 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice toIn addition to the imposition of penalties in line with Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with this Regulation, they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end within a specified and reasonable period of time.
Amendment 1012 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) destroying the relevant commodity or product or, whenever possible, donating it to charitable or public interest purposes.
Amendment 1013 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(d a) addressing any shortcoming in the due diligence system which may have led to the non compliance, in view of preventing the risk of further infringements.
Amendment 1014 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If the operator or trader fails to takcomplete the corrective action referred to in paragraph 2 within the period of time specified by the competent authority under paragraph 1, or where the non- compliance referred to in paragraph 1 persists after that period of time ends, competent authorities shall ensure that the relevant commodity or product is withdrawn or recalled, or that its being made available on or exported from the Union market is prohibited or restricted.
Amendment 1015 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) fines proportionate to the environmental damage and the value of the relevant commodities or products concerned, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 4 % of the operators or trader’s annual turnover in the Member State or Member States concernedUnion, calculated in accordance with Article 5(1) of Regulation (EC) 139/2004;
Amendment 1016 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(d a) in case of serious or repeated infringement, suspension of the right to submit a due diligence statement in view of placing relevant commodities and products on the Union market, or of exporting them;
Amendment 1017 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d b (new)
Article 23 – paragraph 2 – point d b (new)
(d b) recall of relevant commodities or products offered for sale including at retailers;
Amendment 1018 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d c (new)
Article 23 – paragraph 2 – point d c (new)
(d c) criminal sanctions, in accordance with the Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC.
Amendment 1019 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. Operators failing to comply with the duties of this Regulation shall also be liable and obliged to compensate for the harm that the exercise of due diligence would have avoided. The action to establish liability shall be filed before the relevant jurisdiction by any natural or legal person with a legitimate interest to do so.
Amendment 1020 #
2021/0366(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Guidelines for Competent Authorities In order to ensure the uniform application of the obligations listed in this Chapter, notably the checks on operators and traders, the European Commission shall issue guidance to all competent authorities no later than 6 months after the entry into force of this Regulation.
Amendment 1021 #
2021/0366(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest fourno later than one years from the date of adoption of the relevant implementingdelegated act referred to in paragraph 3.
Amendment 1022 #
2021/0366(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The Commission mayshall develop an electronic interface based on the EU Single Window Environment for Customs to enable:
Amendment 1023 #
2021/0366(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The Commission shall adopt implementingdelegated acts specifying the details of implementation arrangements for paragraphs 1 and 2 and, in particular, defining the data, including its format, to be transmitted in accordance with paragraphs 1 and 2. The implementingdelegated acts may also determine that certain specific data available in the due diligence statement and necessary for activities of customs authorities, including surveillance and fight against fraud, is transmitted and registered in EU and national customs systems. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 34(2)3.
Amendment 1024 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a threewo- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission may identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence.
Amendment 1025 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall follow a transparent assessment process which shall take into account information provided by the country concerned and by third parties, including indigenous peoples, local communities and civil society organisations and be based on the following assessment criteria:
Amendment 1026 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation, ecosystem conversion, and ecosystem and forest degradation,
Amendment 1027 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point e
Article 27 – paragraph 2 – point e
(e) agreements and other instruments concluded between the country concerned and the Union that address deforestation or forest degradation and facilitates compliance of relevant commodities and products with the requirements of this Regulation and their effective implementation, provided that their timely and effective implementation has been ascertained on the basis of an objective and transparent assessment;
Amendment 1028 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f
Article 27 – paragraph 2 – point f
(f) whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, and takes effective enforcement measures and relevant law in accordance with Article 2(28) of this regulation, and takes effective enforcement measures to ensure that those laws are implemented and to avoid and sanction activities leading to deforestation and forest, ecosystem conversion and forest and ecosystem degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation, ecosystem degradation or forest and ecosystem degradation or non- compliance with the rules applicable in the country of production described in Article 2(28) are applied.
Amendment 1029 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(f a) whether the national and sub- national jurisdiction has developed jurisdictional approaches with the meaningful engagement of all relevant stakeholders, including civil society, indigenous peoples and local communities, women, and the private sector, including micro enterprises, SMEs and smallholders, to tackle deforestation, forest degradation, natural ecosystem conversion and degradation, land rights violations and illegal production;
Amendment 1030 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f b (new)
Article 27 – paragraph 2 – point f b (new)
(f b) whether the country concerned makes relevant data available transparently;
Amendment 1031 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f c (new)
Article 27 – paragraph 2 – point f c (new)
(f c) if applicable, the existence, compliance with, and effective enforcement of laws protecting the rights of indigenous peoples, local communities and other customary tenure rights holders;
Amendment 1032 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. The Commission shall notify the countries concerned of its intent to assign a change to the existing risk category and invite them to provide any information deemed useful in this regard. It shall also carry out a public consultation to gather information and views from all interested parties, including in particular indigenous peoples and local communities as well as civil society organisations, including trade unions. The Commission shall allow the countries and other interested parties adequate time to provide a response, which may include information on measures taken by the country to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category.
Amendment 1033 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part
Article 27 – paragraph 3 – subparagraph 1 – introductory part
It shall include in the notification, and in the consultation, the following information:
Amendment 1034 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c
Article 27 – paragraph 3 – subparagraph 1 – point c
(c) the consequences of its identification as a high or low risk country.
Amendment 1035 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
4 a. The Commission shall aim to develop joint roadmaps with countries identified as high-risk to support continuous improvement towards a lower level of risk, including through partnerships and cooperation mechanisms as referred to in Article 28. The Commission shall ensure that indigenous peoples, local communities and civil society, including trade unions, are involved in the development of joint roadmaps.
Amendment 1036 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation to jointly address deforestation and forestthe root causes of deforestation, ecosystem conversion and forest and ecosystem degradation. Such partnerships and cooperation mechanisms wishall be supported with adequate resources and shall focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradaecosystem conversion, forest and ecosystem degradation, human rights protection and the transition to sustainable commodity production, consumption processing and trade methods, good governance, as well as protecting the rights and livelihoods and subsistence of forest dependent communities including indigenous peoples, local communities, other customary tenure rights holders and smallholders. Partnerships and cooperation mechanisms may include structured dialogues, support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. They should be based on time bound milestones agreed with local stakeholders Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 1037 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation should allow and monitor the full participation of all stakeholders, including civil society, indigenous people, local communities, women, and the private sector including micro enterprises, SMEs and smallholders. Partnerships and cooperation should support or initiate inclusive and participatory dialogue toward national legal and governance reform processes to enhance forest governance and address domestic factors contributing to deforestation, natural ecosystem conversion and forest and ecosystem degradation.
Amendment 1038 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations, fiscal incentives and other pertinent tools to improve forest and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, transparent supply chains and traceability, protect the rights of ownership, tenure and access to land, including rights of tree tenure for local and indigenous communities, an the right to give or withhold free, prior and informed consent, strengthen the rights of forest dependent communities including smallholders, indigenous peoples and local communities, andstrengthen national systems of governance and law enforcement, ensure public access to forest management documents and other relevant information and support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the EU market.
Amendment 1039 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation and forest degradation, including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of forest ecosystems and other natural ecosystems and related human rights.
Amendment 1040 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Competent authorities shall diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriatecircumstances indicate a breach has likely occurred, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation.
Amendment 1041 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The competent authority shall, as soon as possiblewithin 30 days of receiving a substantiated concern, and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted observations to the authority, of its assessment of their substantiated concern pursuant to paragraph 2 and the decision to accede to or refuse the request for action and shall provide the reasons for it, and shall, where further action is taken pursuant to paragraph 2, inform the natural or legal person of the further action taken and the outcome within 60 days of receiving the substantiated concern.
Amendment 1042 #
2021/0366(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. Any such procedure shall be fair, equitable, timely and not prohibitively expensive as well as provide adequate and effective remedies, including injunctive relief where appropriate.
Amendment 1043 #
2021/0366(COD)
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2 b. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Amendment 1044 #
2021/0366(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The Commission shall provide access to that information system to customs authorities, competent authorities, operators and traders in accordance with their respective obligations under this Regulation. Producers, including smallholders, should be granted access to all information which concern them.
Amendment 1045 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. No later than two years after the entry into force, the Commission shall carry out a first review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The report shall focus in particular on an evaluation of the need and the feasibilityadditional measures to strengthen the protection of forests, natural ecosystems and human rights and ofn extending the scope of this Regulation to other ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commoditiefinancial institutions operating in the Union that provide financial services to natural or legal persons whose economic activities consist, or are linked to, the production, supply, placing on or export from the EU market of relevant commodities and products.
Amendment 1046 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. No later than five years after the entry into force and at least every five years thereafter, the Commission shall carry out a general review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The first of the reports shall include in particular, based on specific studies, an evaluation of:
Amendment 1047 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
Amendment 1048 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
Amendment 1049 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2 a. The Commission shall permanently monitor the impacts of this regulation on vulnerable stakeholders such as smallholders, indigenous peoples and local communities, especially in third countries, also paying particular regard to the situation of women. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by the interested stakeholders, such as third countries, intergovernmental, non- governmental, civil society and smallholder organisations, as well as indigenous peoples and local communities, including through multi- stakeholder dialogues. No later than three years from the date of application referred to in Article 36(2), the Commission shall propose measures, taking into account the outcomes of the monitoring process aiming at supporting these stakeholders, in particular to: a) Ensure that their production methods and scale are able to comply with the sustainability criteria set out in the regulation, and that their commodities and products are traceable and their origin transparent; b) Promote, when necessary, their transition towards, and the maintaining of, socially and environmentally sustainable agricultural practices which do not make them exclusively dependent on commodity production for export but support a transition focused on agro- ecology; c) Facilitate and support their inclusion in supply chains leading to the EU internal market by creating conditions and incentives that enable them to comply with the EU regulatory requirements; d) Provide support and incentives for them to conserve their forests and natural ecosystems on their lands that are used for commodity production; e) Ensure that the rights of indigenous peoples and other local communities with tenure rights are adequately protected.
Amendment 1050 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Without prejudice to the general review under paragraph 1, a first review of Annex I shall be carried out by the Commission no later than two years after the entry into force of this Regulation, and thereafter at regular intervals in order to assess whether it is appropriate to amend or extend the relevant productcommodities listed in Annex I in order to ensure that all products that contain, have been fed with or have been made using relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestae broadest application to commodities linked to deforestation, ecosystem conversion and forest and ecosystem degradation, including fossil fuel and minerals extraction. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and forest, ecosystem conversion and forest and ecosystem degradation, and take into account changes in consumption, as indicated by scientific evidence.
Amendment 1051 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Following a review as set out in paragraph 3, the Commission may adopt delegated acts in accordance with Article 33 to amend Annex I to include relevant products that contain or have been made usingadditional relevant commodities.
Amendment 1052 #
2021/0366(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult stakeholders and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 1053 #
2021/0366(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 1054 #
2021/0366(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
Goods as classified in the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87, referred to as "relevant commodities" in Article 1 of this Regulation68 : Bovine, cocoa, coffee, maize, natural rubber (including natural rubber, balata, gutta-percha, guayule, chicle and similar natural gums), oil palm, poultry, soya, sheep and goats, swine, wood. In accordance with Article 1, the Regulation shall apply to all goods that contain, have been fed with or have been made using “relevant commodities” or products deriving from them, and are therein referred to as “relevant products”. An indicative list of these products is provided in the table included in this Annex. __________________ 68 The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.
Amendment 1055 #
2021/0366(COD)
Proposal for a regulation
Annex I – paragraph 2 a (new)
Annex I – paragraph 2 a (new)
Indicative list of “relevant products”, as classified in the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87:
Amendment 98 #
2021/0213(CNS)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Insular, peripheral and remote regions had little alternative but to build their economic competitiveness with the support of air transport, enabling and promoting key economic flows and other drivers of economic development enabled by efficient and affordable air services. Improved air connectivity has brought about wider economic benefits, beyond those that benefit the immediate users of air transport networks. Beyond those that could be considered direct economic benefits of aviation, air connectivity between Member States serves as an essential catalyst for economic growth and social welfare. Air linkages that connect central Member States to the insular, peripheral and remote regions continue to make a vital contribution to economic growth.
Amendment 100 #
2021/0213(CNS)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) Until cleaner energy is made available through technological advances, taxpayers are encouraged to consume smartly and use transport that consumes less fossil fuels. However, until more environmentally friendly alternatives are available, the insular, peripheral and remote regions will be at an economic disadvantage compared to the central ones. Insular, peripheral and remote regions should not be discriminated against since in the near future they will not have transport alternatives that are more ecological than air transport. Citizens and businesses on islands and at the periphery should continue to benefit from equivalent connectivity opportunities as their counterparts in more central areas of the Union.
Amendment 101 #
2021/0213(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) Environmental taxation can be a cost-effective mean for Member States to achieve the targeted reductions of greenhouse gasses. The proper functioning of the internal market requires common rules on that taxation, while preserving Member States' flexibility and sovereignty over tax prerogatives, not least with respect to promoting economic and social development of their insular, peripheral and remote regions.
Amendment 112 #
2021/0213(CNS)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) For insular regions having no connections by road, train or bridge with the European mainland, and for peripheral and remote regions, especially those with an economy that is highly dependent on tourism, the kerosene tax should be waived for flights to and from such regions, during the first five years, and should then be raised in five equal annual steps in the following five years to reach the levels achieved for all flights at the end of the ten year period. All precautionary steps should be taken to avoid any "détournement de trafic" in kerosene usage.
Amendment 196 #
2021/0213(CNS)
Proposal for a directive
Recital 36
Recital 36
(36) Every fivthree years and for the first time fivthree years after the entry into force of this Directive, the Commission should report to the Council on the application of this Directive, examining in particular the minimum levels of taxation, the impact of innovation and technological developments, especially as regards energy efficiency, the use of electricity in transport and the justification for the exemptions, reductions and differentiations laid down in this Directive. The report should take into account the proper functioning of the internal market, environmental and social considerations, the real value of the minimum levels of taxation and, the impact of this Directive on air connectivity and the economic and social welfare of insular, peripheral and remote regions as well as the wider relevant objectives of the Treaties.
Amendment 236 #
2021/0213(CNS)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 242 #
2021/0213(CNS)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 369 #
2021/0213(CNS)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The power to adopt the delegated acts referred to in Article 2(8) and Article 5(2) shall be conferred on the Commission for an indeterminate period of time from 1 January 2023.
Amendment 372 #
2021/0213(CNS)
Proposal for a directive
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The delegation of power referred to in Article 2(8) and Article 5(2) may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 374 #
2021/0213(CNS)
Proposal for a directive
Article 29 – paragraph 6
Article 29 – paragraph 6
Amendment 378 #
2021/0213(CNS)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
Every fivthree years and for the first time fivthree years after 1 January 2023, the Commission shall submit to the Council a report on the application of this Directive.
Amendment 384 #
2021/0213(CNS)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
The report by the Commission shall, inter alia, examine the minimum levels of taxation, the impact of innovation and technological developments, in particular as regards energy efficiency, the use of electricity in transport and the justification for the exemptions, reductions and differentiations laid down in this Directive. The report shall take into account the proper functioning of the internal market, environmental and social considerations, the real value of the minimum levels of taxation and, the impact of this directive on air connectivity and the economic and social welfare of insular, peripheral and remote regions as well as the relevant wider objectives of the Treaties.
Amendment 131 #
2021/0211(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differentlyall genders and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.
Amendment 132 #
2021/0211(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The EU ETS is a cornerstone of the Union’s climate policy and constitutes its key tool for reducing greenhouse gas emissions in a cost-effective way. In line with the commitments made in COP26 in Glasgow to review the nationally determined contributions (NDCs) on an annual basis, the Commission should revise its NDC to account for all the sectors included in this revision.
Amendment 136 #
2021/0211(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Delivering on the European Green Deal should ensure quality job creation and social progress for all. To be socially acceptable, the climate ambition proposed in this Directive should be matched by an equivalent social ambition, in line with the European Pillar of Social Rights. The European Green Deal agenda is an opportunity to maintain and create quality jobs, promote decent work, raise labour standards, strengthen social dialogue and collective bargaining, tackle discriminations at work, promote gender equality, and workplace democracy. In order to achieve these objectives, just transition mechanisms should complement all proposed actions in the framework of the Green Deal and the “Fit for 55” package.
Amendment 155 #
2021/0211(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The EU ETS should incentivise production from installations that partly or fully reduce greenhouse gas emissions. Therefore, the description of some categories of activities in Annex I to Directive 2003/87/EC should be amended to ensure an equal treatment of installations in the sectors concerned. In addition, free allocation for the production of a product should be independent of the nature of the production process. It is therefore necessary to modify the definition of the products and of the processes and emissions covered for some benchmarks to ensure a level playing field for new and existing technologies and products and circular economy measures. It is also necessary to decouple the update of the benchmark values for refineries and for hydrogen to reflect the increasing importance of production of, in particular, green hydrogen outside the refineries sector.
Amendment 182 #
2021/0211(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Greenhouse gases that are not directly released into the atmosphere should be considered emissions under the EU ETS and allowances should be surrendered for those emissions unless they are stored in a storage site in accordance with Directive 2009/31/EC of the European Parliament and of the Council46 , or they are permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal. The Commission should be empowered to adopt implementing acts specifying the conditions where greenhouse gases are to be considered as permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal, including obtaining a carbon removal certificate, where appropriate, in view of regulatory developments with regard to the certification of carbon removals. _________________ 46Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
Amendment 200 #
2021/0211(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Pursuant to Directive (EU) 2018/410, the Commission should report to the European Parliament and to the Council on the progress achieved in the IMO towards an ambitious emission reduction objective, and on accompanying measures to ensure that the maritime transport sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement. Efforts to limit global maritime emissions through the IMO are under way and should be encouraged. However, while the recent progress achieved through the IMO is welcome, these measures will not bedevelopments in the IMO framework are far from sufficient to achieve the objectives of the Paris Agreement.
Amendment 227 #
2021/0211(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The person or organisation responsible for the compliance with the EU ETS should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757, and in line with the global data collection system established in 2016 by the IMO. In line with the polluter pays principle, the shipping company cshould, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions affecting the CO2greenhouse gas emissions of the ship accountable for the compliance costs under this Directive. This entity would normally be the entity that is responsible for the choice of fuel, route and speed of the ship.
Amendment 260 #
2021/0211(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. This includes the use for financial support to address social aspects in lower- and middle-income households by for example reducing distortive taxes on condition that such reduction is carried out in a progressive manner. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 1,2,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive] to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC. A further amount of 1,25 % should be used to top up the Innovation Fund.
Amendment 284 #
2021/0211(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Further incentives to reduce greenhouse gas emissions by using cost- efficient techniques should be provided. To that end, the free allocation of emission allowances to stationary installations from 2026 onwards should be 100 % conditional on investments in techniques to increase energy efficiency and reduce emissions. Ensuring that this is focused on larger energy users would result in a substantial reduction in burden for businesses with lower energy use, which may be owned by small and medium sized enterprises or micro-enterprises. [Reference to be confirmed with the revised EED]. The relevant delegated acts should be adjusted accordingly.
Amendment 364 #
2021/0211(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Carbon Contracts for Difference (CCDs) are an important element to trigger emission reductions in industry, offering the opportunity to guarantee investors in innovative climate-friendly technologies a price that rewards CO2 emission reductions above those induced by the current price levels in the EU ETS. The range of measures that the Innovation Fund can support should be extended to provide support to projects through price- competitive tendering, such as CCDs. CCDs would offer certainty to investors in technologies, such as carbon capture technologies, and optimise the use of available resources. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support.
Amendment 635 #
2021/0211(COD)
Proposal for a directive
Recital 67
Recital 67
(67) It is necessary to amend Regulation (EU) 2015/757 to take into account the inclusion of the maritime transport sector in the EU ETS. Regulation (EU) 2015/757 should be amended to oblige companies to report aggregated emissions data at company level and to submit for approval their verified monitoring plans and aggregated emissions data at company level to the responsible administering authority. In addition, the Commission should be empowered to adopt delegated acts to amend the methods for monitoring CO2greenhouse gas emissions and the rules on monitoring, as well as any other relevant information set out in Regulation (EU) 2015/757, to ensure the effective functioning of the EU ETS at administrative level and to supplement Regulation (EU) 2015/757 with the rules for the approval of monitoring plans and changes thereof by administering authorities, with the rules for the monitoring, reporting and submission of the aggregated emissions data at company level and with the rules for the verification of the aggregated emissions data at company level and for the issuance of a verification report in respect of the aggregated emissions data at company level. The data monitored, reported and verified under Regulation (EU) 2015/757 might also be used for the purpose of compliance with other Union law requiring the monitoring, reporting and verification of the same ship information.
Amendment 754 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd a (new)
Article 3gd a (new)
Amendment 816 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
From 1 January 2024, the Union-wide quantity of allowances shall be increased as a result of the inclusion of municipal waste incineration installations in the EU ETS. The Commission shall adopt implementing acts setting out the amount of the increase in the Union-wide quantity of allowances to take account of the inclusion of municipal waste incineration installations in the EU ETS. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).
Amendment 877 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point h
Article 10 – paragraph 3 – subparagraph 1 – point h
(h) measures intended to improve energy efficiency, district heating systems and insulation, efficient and renewable heating and cooling systems, or to provide financial support in order to address social aspects in lower- and middle-income households, including by reducing distortive taxes;, provided such reduction is carried out in a progressive manner;
Amendment 1182 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change and a just transition and delivers the most marginal benefit in terms of emission reductions per support provided. The Innovation Fund shall also support the deployment of technologies that may no longer be considered innovative, but nevertheless hold a significant abatement potential and contribute to decarbonisation of the economy and energy and resource savings.
Amendment 1216 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 7
Article 10a – paragraph 8 – subparagraph 7
The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning rules on the operation of the Innovation Fund, including the selection procedure and criteria, and the eligible sectors and technological requirements for the different types of support taking into account the social dimension of projects to ensure that the Innovation Fund contributes to a Just Transition for workers and communities impacted The range of measures that the Innovation Fund supports shall be extended to cover support to projects through price-competitive tendering, such as Carbon Contracts for Difference (CCDs). In implementing the Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 to ensure the protection of funds in relation to measures and investments supported by the Innovation Fund in the event of failure to respect the rule of law in the Member States. To this effect, the Commission shall provide an effective and efficient internal control system and shall seek recovery of amounts wrongly paid or incorrectly used.
Amendment 1257 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – introductory part
Article 10d – paragraph 2 – introductory part
2. At least 8100 % of the financial resources from the Modernisation Fund shall be used to support investments in the following:
Amendment 1269 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point c
Article 10d – paragraph 2 – point c
(c) the improvement of demand sidereduction of overall energy use through demand side management and energy efficiency, including in transport, buildings, agriculture and waste;
Amendment 1278 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point f
Article 10d – paragraph 2 – point f
Amendment 1296 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b a (new)
Article 1 – paragraph 1 – point 14 – point b a (new)
Directive 2003/87/EC
Article 10d – paragraph 12
Article 10d – paragraph 12
(ba) paragraph 12 is replaced by the following: "The Commission shall adopt implementing acts concerning detailed rules on the operation of the Modernisation Fund. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article22a(2). (https://eur-lex.europa.eu/legIn implementing the Modernisation Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 to ensure the protection of funds in relation to measures and investments supported by the Modernisation Fund in the event of failure to respect the rule of law in the Member States. To this effect, the Commission shall provide an effective and efficient internal- content/EN/TXT/?uri=CELEX%3A02003Lrol system and shall seek recovery of amounts wrongly paid or incorrectly used.” Or. en 20210101&qid=1641400487-702)
Amendment 1342 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 1
Article 12 – paragraph 3 b – subparagraph 1
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal.
Amendment 1346 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 2
Article 12 – paragraph 3 b – subparagraph 2
The Commission shall adopt implementing acts concerning the requirements to consider that greenhouse gases have become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal.
Amendment 1415 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IV a
Chapter IV a
Amendment 1535 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2003/87/EC
Annexes
Annexes
Amendment 1651 #
2021/0211(COD)
Proposal for a directive
Annex I – paragraph 1 – point a a (new)
Annex I – paragraph 1 – point a a (new)
Directive 2003/87/EC
Annex 1 – point 5
Annex 1 – point 5
(aa) point 5 is replaced by the following: “5. When the capacity threshold of any activity in this Annex is found to be exceeded in an installation, all units in which fuels are combusted, other than units for the incineration of hazardous or municipal waste, shall be included in the greenhouse gas emission permit. ” Or. en (Directive 2003/87/EC)
Amendment 1674 #
2021/0211(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III
Annex III
Amendment 1677 #
2021/0211(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III
Annex III
Amendment 1685 #
2021/0211(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III a
Annex III a
Amendment 1698 #
2021/0211(COD)
Proposal for a directive
Annex I – point 3 – point c
Annex I – point 3 – point c
Directive 2003/87/EC
Annex IV – Part C
Annex IV – Part C
Amendment 1705 #
2021/0211(COD)
Proposal for a directive
Annex I – point 4
Annex I – point 4
Directive 2003/87/EC
Annex V – Part C
Annex V – Part C
Amendment 29 #
2021/0207(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2003/87/EC of the European Parliament and of the Council10 established a system for greenhouse gas emission allowance trading within the Union, in order to promote reductions of greenhouse gas emissions in a cost- effective and economically efficient manner. Aviation activities related to all flights departing from or arriving at an aerodrome in the Union were included in the EU emissions trading system by Directive 2008/101/EC of the European Parliament and of the Council11 . __________________ 10 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32). 11Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (OJ L 8, 13.1.2009, p. 3).
Amendment 31 #
2021/0207(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) In April 2013, the Union, under international pressure, discontinued the enforcement of certain provisions of Directive 2008/101/EC by introducing the so-called ‘stop the clock’ derogation, which excluded all extra-EU flights from the EU ETS. The derogation was put in place in order for the International Civil Aviation Organization (ICAO) to establish a global agreement on regulating international aviation emissions, and it has been extended twice, first until 2017 and subsequently until 2023.
Amendment 34 #
2021/0207(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)12 . The parties to the Paris Agreement have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. Given that experts’ estimations, announced during the 2021 United Nations Climate Change Conference (COP26), held in Glasgow from 31 October to 13 November 2021, indicate that the world is on a path to experiencing an average temperature increase of between 1,8°C and 2,4°C, the Parties agreed in their conclusions of COP26 to revisit their commitments, as necessary, by the end of 2022 to be back on track to limit global warming to 1,5°C. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation. __________________ 12 Paris Agreement (OJ L 282, 19.10.2016, p. 4).
Amendment 37 #
2021/0207(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Aviation accounts for 2-3 % of total human-induced CO2 emissions globally, positioning the sector, if it were a state, within the top ten world emitters. In the Union, direct emissions from aviation account for 3,7 % of total CO2 emissions. The aviation sector generates 15,7 % of the emissions from transport, making it the second biggest source of transport greenhouse gas emissions after road transport. While emissions from stationary sectors covered by the EU ETS have decreased by almost 20 % since 2013, aviation emissions have increased by almost 28 %.
Amendment 39 #
2021/0207(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) While the COVID-19 pandemic caused a temporary reduction of aviation traffic, existing pre-COVID-19 pandemic projections point to an annual increase in aviation emissions at global and Union level by 150 % by 2040, compared to 2020, and by 53 % by 2040, compared to 2017, respectively.
Amendment 41 #
2021/0207(COD)
Proposal for a directive
Recital 2 c (new)
Recital 2 c (new)
Amendment 45 #
2021/0207(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The International Civil Aviation Organization (ICAO) Council adopted the First Edition of the International Standards and Recommended Practices on Environmental Protection - Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (Annex 16, Volume IV to the Chicago Convention) at the tenth meeting of its 214th session on 27 June 2018. The Union and its Member States continue to support CORSIA and are committed to implement it from the start of the pilot phase 2021-202313 . __________________implement CORSIA from the start of the pilot phase 2021-202313. However, in terms of its effectiveness in reaching the goals of the Paris Agreement as well as the Union's climate targets, CORSIA's level of ambition for the international aviation sector is not in line with the global level of ambition required to keep within the temperature goals of the Paris Agreement3a. The Union and its Member States should therefore be actively involved in climate diplomacy with the purpose of increasing the coverage of CORSIA and improving its environmental integrity, thereby ensuring that it effectively reduces aviation emissions. It is also important that the enforceability and the public access to information linked to CORSIA be improved. __________________ 3aAssessment of ICAO's global market- based measure (CORSIA) pursuant to Article 28b and for studying cost pass- through pursuant to Article 3d of the EU ETS Directive. 13Council Decision (EU) 2020/954 of 25 June 2020 on the position to be taken on behalf of the European Union within the International Civil Aviation Organization as regards the notification of voluntary participation in the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) from 1 January 2021 and the option selected for calculating aeroplane operators’ offsetting requirements during the 2021-2023 period (OJ L 212, 3.7.2020, p. 14).
Amendment 48 #
2021/0207(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) With a view to strengthening the CORSIA provisions and contributing to the scheme’s improvements and adjustments, the Council should adopt a decision on the position to be taken on behalf of the Union at the 41st ICAO Assembly to be held from 27 September to 7 October 2022. In the context of the first CORSIA periodic review, in its position the Union should promote a long-term reduction goal, a global carbon-pricing scheme, strong sustainability criteria for offsets, CORSIA’s environmental integrity, its effectiveness in aviation emissions reduction, wide international participation, enforcement of its provisions, and public access to information related to operations under CORSIA.
Amendment 54 #
2021/0207(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 at the latest in Regulation (EU) 2021/1119 of the European Parliament and of the Council17 . That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) by at least 55% below 1990 levels by 2030. __________________ 17Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law) (OJ L 243, 9.7.2021, p. 1).
Amendment 57 #
2021/0207(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This amendment to Directive 2003/87/EC aims at the implementation for aviation of the Union’s contributions under the Paris Agreement, and of the regulatory framework to achieve the binding Union 2030 climate target of a domestic reduction of net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 and to achieve the target of economy-wide climate neutrality by 2050 at the latest, as set out in Regulation (EU) 2021/ … 1119.
Amendment 61 #
2021/0207(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In addition to CO2, aviation affects the climate through non-CO2 emissions such as water vapour (H2O), oxides of nitrogen (NOx), sulphur dioxide (SO2) and soot particles, as well as through atmospheric processes caused by such emissions, for example the formation of ozone and contrail cirrus. The climate impact of such non-CO2 emissions depends on the type of fuel and engines used, on the location of the emissions, in particular cruise altitude and latitude/longitude, and the time of the emissions/weather conditions. The International Panel on Climate Change estimated both in 1997 and 2007 that the effects of non-CO2 emissions from aviation are two to four times higher than the effect of aviation's CO2 emissions alone. Based upon those findings and the Commission’s Impact Assessment of 2006 on the inclusion of aviation in the EU greenhouse gas Emissions Trading Scheme (EU ETS), Directive 2008/101/EC recognised that aviation has an impact on the global climate through releases of non-CO2 emissions. The European Parliament, at that time, called, in its position, for a multiplier to be applied to every tonne of CO2 emitted, but no concrete measures were adopted. Article 30(4) of Directive 2003/87/EC, as amended by Directive (EU) 2018/410 of the European Parliament and of the Council, required the Commission to present an updated analysis of the non- CO2 effects of aviation, accompanied, where appropriate, by a proposal on how best to address those effects, before 1 January 2020. To fulfil this requirement, the European Union Aviation Safety Agency (EASA) conducted an updated analysis of the non-CO2 effects of aviation on climate change and published its study on 23 November 2020. The findings of the study fully confirmed what had been previously estimated, namely that the significance of non-CO2 climate impacts from aviation activities are at least as important in total as those of CO2 alone.
Amendment 62 #
2021/0207(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) Non-CO2 emissions and their impacts cannot be ignored as they are responsible for about two thirds of the climate impact of aviation. Therefore, the Commission should put forward policy measures without delay in order to reduce such emissions and mitigate the related effects.
Amendment 65 #
2021/0207(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Aviation should contribute to the emission reduction efforts necessary for the Union’s 2030 and 2050 climate targets. Therefore, the total quantity of allowances for aviation should be consolidated and subject to the linear reduction factor.
Amendment 75 #
2021/0207(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Achieving the increased climate ambition will require channelling as many resources as possible to the climate transition, in particular to achieve a just transition. As a result, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. For the EU ETS revision for phase four (2021-2030), an increase in auction revenues is envisaged within the aviation sector due to the phasing-out of free allowances and the extension of the scope to cover flights between the Union and third countries. The share of such increased auction revenues that is attributed to the general budget of the Union as well as the revenue from payments of penalties settled by the aircraft operators in accordance with Article 16 of Directive 2003/87/EC should be allocated to the Innovation Fund and used entirely for enabling a just and sustainable transition to decarbonisation of the aviation sector. That funding should be used especially for operational, aeronautics, airframe and new propulsion technologies, and sustainable aviation fuels that can reduce the climate and environmental impacts of the aviation sector, in particular the non-CO2 impacts of aviation. Funding should be inclusive in terms of involvement of stakeholders from public and private sectors representing a wide geographical and competence base across the Member States, and all information on the projects and investments supported by the Innovation Fund should be made available to the public.
Amendment 80 #
2021/0207(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) This Directive should fully acknowledge the social dimension of the transition towards sustainable aviation. In order to ensure a socially just transition in the aviation sector and to protect the most vulnerable within the sector, an enhanced social dialogue at all stages should be promoted and funds should be made available within the EU ETS in order to provide training, re-skilling and up- skilling for workers. In addition, the Commission should present a report to the European Parliament and the Council on the application of this Directive and its impact on the internal market as regards the aviation sector, with particular focus on the social impacts.
Amendment 103 #
2021/0207(COD)
Proposal for a directive
Recital 13
Recital 13
(13) IncreasedFull auctioning from the year after the entry into force of this amendment to Directive 2003/87/EC2024 onwards should be the rule for the aviation sector allocation of allowances, taking into account the sector’s ability to pass on the increased cost of CO2.
Amendment 123 #
2021/0207(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 129 #
2021/0207(COD)
Proposal for a directive
Recital 20
Recital 20
(20) To ensure equal treatment on routes, flights to and from countries that are not implementing CORSIA should be exempt from EU ETS or CORSIA obligations. To incentivise full implementation of CORSIA starting in 2027, the exemption should only apply to emissions up to 31 December 2026Aircraft operators should not be able to subtract the financial value of CORSIA credits from EU ETS allowances for flights to and from countries that are not implementing CORSIA.
Amendment 133 #
2021/0207(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Flights to and from Least Developed Countries and Small Island Developing States, as defined by the United Nations, are not implementing CORSIA, other than those states whose GDP per capita equals or exceeds the Union average, should be exempt from EU ETS or CORSIA obexempt from EU ETS obligations. However, in line with the IPCCC principle of 'common but differentiated responsibilities', the Union will increase its contribution to international climate finance, using part of the resources created by the appligcations without an end date for the exemption. of the EU ETS to all international flights.
Amendment 137 #
2021/0207(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure uniform conditions for exempting aircraft operators from surrender requirements as laid down in Article 12(8) of Directive 2003/87/EC in respect of emissions from flights to and from countries applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators pursuant to Article 25a(7) of that Directive, implementing powers should be conferred on the Commission to exempt airlines based in the Union from surrender requirements in respect of emissions from flights where a significant distortion of competition to the detriment of airlines based in the Union occurs due to a less stringent implementation or enforcement of CORSIA in the third country. The distortion of competition could be caused by a less stringent approach to eligible offset credits or double counting provisions. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the CouncilApplying the EU ETS in conjunction with CORSIA would lead to the creation of uniform conditions and equal treatment for both Union and third country aircraft operators, in respect of emissions from flights departing from and arriving at Union aerodromes.
Amendment 169 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2003/87/EC
Article 3 – point u a (new)
Article 3 – point u a (new)
Amendment 173 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
5. The Commission shall determine the total quantity of allowances to be allocated in respect of aircraft operators for the year 2024 on the basis of the total allocation of allowances in respect of aircraft operators that were performing aviation activities falling within Annex I in the year 2023, reduced by the linear reduction factor specified in Article 9, and shall publish that quantity, as well as the quantity of free allocation which would have taken place in 2024 if the rules for free allocation were not updated.
Amendment 185 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 7
Article 3 c – paragraph 7
Amendment 193 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 d – paragraph 1
Article 3 d – paragraph 1
1. In 2024, 25%From 1 January 2024, the entirety of the quantity of allowances in respect of which free allocation would have taken place as published in accordance with Article 3cin that year shall be auctioned.’,
Amendment 196 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 d – paragraphs 1 a to 1 d
Article 3 d – paragraphs 1 a to 1 d
Amendment 225 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 d – paragraph 3
Article 3 d – paragraph 3
The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the auctioning by Member States of aviation allowances in accordance with paragraphs 1, 1a, 1b, 1c and 1d of this Article, including the modalities for the transfer of a share of revenue from such auctioning to the general budget of the Union.’,
Amendment 240 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2003/87/EC
Article 3 e
Article 3 e
Amendment 243 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2003/87/EC
Article 3 f
Article 3 f
(3) Articles 3e and 3f areis deleted;
Amendment 251 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 3
Article 10 – paragraph 3 – subparagraph 3
(4a) In Article 10(3), the third subparagraph is replaced by the following: "Member States shall inform the Commission as to the use of revenues and the actions taken pursuant to this paragraph in their reports submitted under Decision No 280/2004/EC. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003Lin accordance with Regulation (EU) 2018/1999. Subsequently, the Commission shall make this information public each year.” Or. en 20210101&qid=1641400487-702)
Amendment 256 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2 a (new)
Article 10 a – paragraph 8 – subparagraph 2 a (new)
(4b) In Article 10a(8), the following subparagraph is inserted after the second subparagraph: 'The amount of revenues from auctioning of allowances and penalties from the aviation sector allocated to the Innovation Fund shall fund investment in innovation and new technologies for the decarbonisation of the aviation sector, in particular for: (a) improvement of operational, aeronautics and airframe solutions; (b) deployment of new propulsion technologies, like battery- and turbo- electric technologies, as well as hydrogen combustion in turbines and fuel cells that power electric motors; (c) deployment of sustainable aviation fuels, such as renewable fuels of non- biological origin (RFNBO) from renewable hydrogen and direct air capture (DAC), including through carbon contracts for difference aimed at bridging the price difference between zero- emissions fuels and conventional fuels; (d) deployment of monitoring and reporting technologies for CO2 and non- CO2 emissions; (e) research on the non-CO2 impacts of aviation, including formation of contrails and cirrus clouds. The revenues shall also support quality social dialogue among relevant stakeholders in the aviation sector, as well as training, re-skilling, up-skilling for workers, and other measures to mitigate unemployment risks. The decision-making process, in particular in relation to the setting of priority areas, criteria and grant allocation procedures, shall be transparent and inclusive and shall take into consideration the adequate involvement of stakeholders, including the industry, SMEs, non-governmental organisations, social partners, entrepreneurial initiatives, research organisations, higher education establishments and universities representing a wide geographical and competence base across the Member States. All information on the projects and investments supported by the Innovation Fund and all other relevant information on its functioning shall be made available to the public.';
Amendment 271 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point-a (new)
Article 1 – paragraph 1 – point 6 – point-a (new)
Directive 2003/87/EC
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
(-a) The following paragraph is inserted: '2b. As long as there are no Union measures in place to take into account and effectively reduce the climate impact of non-CO2 emissions generated by aircraft operators carrying out an aviation activity listed in Annex I, for the purposes of the paragraph 3(b), the amount of carbon dioxide from fossil fuel which an allowance permits an aircraft operator to emit shall be divided by an impact factor of 2.'
Amendment 286 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2003/87/EC
Article 12 – paragraph 8 a (new)
Article 12 – paragraph 8 a (new)
8a. By 1 January 2027, the Commission shall present a report to the European Parliament and the Council on the application of this Directive amending Directive 2003/87/EC and its impact on the aviation internal market of the Union, in particular the social impacts related to employment conditions, workers’ needs for training, re-skilling, and up-skilling, as well as the impact on the use and costs of air travel for passengers, disaggregated by different income groups.
Amendment 290 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2003/87/EC
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
(6a) In Article 14, the following paragraph is added: ‘3a. All emissions data related to aircraft operators communicated to Member States and the Commission, including data communicated in accordance with Article 7 of Commission Delegated Regulation (EU) 2019/1603, shall be reported and published by the Commission, per aircraft operator and per airport pair in a user-friendly manner. The data for each year shall be published without delay. Those data shall include at least the following: (a) emissions data broken down by aircraft operator and by airport pairs; (b) load factors, aircraft type, fuel type and fuel consumption per airport pair for each aircraft operator; (c) the amount of offsetting, calculated in accordance with Article 12(7); (d) the amount and type of eligible fuels used to comply with part or all of their offsetting; (e) the amount and type of carbon credits used to comply with part or all of their offsetting.’;
Amendment 292 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2003/87/EC
Article 14 – paragraph 3 b (new)
Article 14 – paragraph 3 b (new)
(6c) In Article 14, the following paragraph is added: '3b. By … [6 months after the entry into force of this Directive], the Commission, in cooperation with EASA and EEA, shall adopt a delegated act in accordance with Article 23 to supplement this Directive in order to establish a pilot monitoring, reporting and verification (MRV) scheme with the objective of establishing a MRV methodology adapted to the specificities of non-CO2 emissions and their climate impact and to develop a robust CO2 equivalence calculation for non-CO2 effects. The pilot MRV scheme shall ensure that at least the following data at cruising altitude are monitored, reported and verified: (a) fuel flow-mass of aircraft; (b) ambient humidity; (c) latitude, longitude and altitude; (d) humidity and temperature; (e) emission indices for CO2, H2O and NOx; (f) CO2 equivalents per flight. All data reported through the pilot MRV scheme shall be published, aggregated on an airport pair level annually per aircraft operator. Data collected through the pilot MRV scheme shall be submitted to EASA, the EEA and the European Parliament annually. Aircraft operators may decide to adhere to the pilot MRV scheme. Those aircraft operators that adhere to the MRV pilot scheme shall be exempted from the payment of the multiplier referred to in Article 12(2a). By … [30 months after the entry into force of this Directive], the Commission shall present a report to the European Parliament and the Council on the results of the pilot MRV scheme, accompanied, where appropriate, by a legislative proposal to amend this Directive with a view to introducing MRV requirements for non-CO2 aviation emissions and to expanding the scope of the EU ETS to non-CO2 aviation emissions while specifying the amount of EU ETS allowances required to cover the CO2 equivalent per flight calculated under the pilot MRV scheme in order for the extended EU ETS for non-CO2 aviation emissions to be operational by 2026. Once the scope of the EU ETS has been extended to cover non-CO2 aviation emissions, the aircraft operators shall no longer be required to surrender two allowances to cover their non-CO2 effects. The participating aircraft operators shall surrender the amount of allowances required to cover the CO2 equivalents of their non-CO2 effects, as determined by the Commission in accordance with this paragraph.';
Amendment 307 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 3
Article 25 a – paragraph 3
3. The Commission shall adopt an implementing act listing countries other than EEA countries, Switzerland and the United Kingdom, which are considered to be applying CORSIA for the purposes of this Directive, with a baseline of 2019 for 2021 to 2023 and a baseline 2019-2020 for each year thereafter. Aircraft operators surrendering allowances under the EU ETS for emissions on routes to the countries listed in this implementing act shall be reimbursed for the financial value of expenditure on credits used for Corsia on the same routes, in accordance with Article 3e. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).
Amendment 321 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
(9a) Article 28b is replaced by the following: "Article 28b Reporting and review by the Commission concerning the implementation of the ICAO's global market-based measure 1. Before 1 January 2019 and regularly2027 and every two years thereafter, the Commission shall report to the European Parliament and to the Council on progress in the ICAO negotiations to implement the global market-based measure to be applied to emissions from 2021, in particular with regard to: (i) the relevant ICAO instruments, including Standards and Recommended Practices; (ii) ICAO Council-approved recommendations relevant to the global market-based measure, including changes to baselines; (iii) the establishment of a global registry; (iv) domestic measures taken by third countries to implement the global market- based measure to be applied to emissions from 2021; (v) the implications of reservations by third countries; and (vi) other relevant international developments and applicable instruments. In line with the UNFCCC's global stocktake, the Commission shall also report on efforts to meet the aviation sector's aspirational long-term emissions reduction goal of halving aviation CO2 emissions relative to 2005 levels by 2050. 2. Within 12 months of the adoption by the ICAO of the relevant instruments, and before the global market-based measure becomes operational, the Commission shall present a report to the European Parliament and to the Council in which it shall consider ways for those instruments to be implemented in Union law through a revision of this Directive. The Commission shall, in that report, also consider the rules applicable in respect of flights within the EEA, as appropriate. It shall also examine the ambition and overall environmental integrity of the global market-based measure, including its general ambition in relation to targets under the Paris Agreement, the level of participation, its enforceability, transparency, the penalties for non- compliance, the processes for public input, the quality of offset credits, monitoring, reporting and verification of emissions, registries, accountability as well as rules on the use of biofuels. In addition, the report shall consider whether the provisions adopted under Article 28c(2) need to be revised. 3. The Commission shall accompany the report referred to in paragraph 2 of this Article with a proposal, where appropriate, to the European Parliament and to the Council to amend, delete, extend or replace the derogationmeasures provided for in Article 28a3e, that is consistent with the Union's economy-wide greenhouse gas emission reduction commitment for 2030 and achievement of climate neutrality by 2050 at the latest with the aim of preserving the environmental integrity and effectiveness of Union climate action. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L3a. In line with the global stocktake of the Paris Agreement, the Commission shall also report on efforts to update the aviation sector's aspirational long-term emissions reduction goal of halving aviation CO2 emissions relative to 2005 levels by 2050 with a view to bringing it in line with emissions reduction targets under the Paris Agreement, as well as on efforts to achieve an ambitious long-term global aspirational goal for international aviation under ICAO. 3b. With a view to improving the CORSIA scheme, the Union and its Member States shall actively promote in ICAO and through bilateral and multilateral green diplomacy improvements with regards to CORSIA’s environmental integrity, including the sustainability criteria for offsets, its enforcement and encourage wider international participation to the scheme. The Union and its Member States shall also promote in ICAO additional climate and environmental measures, greater transparency and the establishment of an ambitious long-term reduction goal that is in line with the Paris Agreement."; Or. en 20210101&qid=1641400487-702)
Amendment 329 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
(9b) In Article 30, the following paragraph is added : 4a. By 1 January 2026, the Commission shall present a report to the European Parliament and to the Council evaluating the environmental and climate impacts and the technical and economic viability of establishing specific requirements for the flight segment comprising regional and the lower-end of short-range flights to reduce such impacts, including the setting of higher minimum shares of sustainable aviation fuels to be referred to in a Union regulation on ensuring a level playing field for sustainable air transport as well as possibilities for alternative routing for such types of flights, and taking into account the alternative modes of public transport available to cover such services in a comparable time period.
Amendment 321 #
2021/0206(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The socio-economic impact of the climate and green transition will be felt by vulnerable households, vulnerable micro- enterprises, and vulnerable transport users in all Member States. In order to achieve its objectives, the Social Climate Fund should be accompanied by adequate financial allocations that support each Member State and ensure meaningful actions and protection of vulnerable users on their territories for a just transition. To this end, minimum investments and sufficient, proportionate financial assistance should be allocated to all Member States to counter the negative social consequences on vulnerable groups that arise from Europe’s shared commitment in the fight against climate change and in reducing emissions, while considering the different challenges and nature of difficulties faced in different regions of the European Union, each with their own geographic and demographic realities.
Amendment 351 #
2021/0206(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Island Member States, islands, and outermost regions face unique and specific challenges with a particularly amplified socio-economic impact, which requires specific individual attention in view of effective measures and investments. To this end, where applicable, Social Climate Plans shall have the adequate funding to set out a specific minimum amount to be allocated for these regions with the corresponding justification, considering the particular challenges faced by those Member States, islands and regions.
Amendment 497 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘vulnerable transport users’ means transport users, includingespecially those from lower middle-income households, that are significantly affected by the price impacts of the inclusion of road transport into the scope of Directive 2003/87/EC and lack the means to purchase zero- and low- emission vehicles or to switch to alternative sustainable modes of transport, including public transport, particularly in rural and remoteinsular, peripheral, remote and rural areas.
Amendment 565 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) finance measures and investments to increase the uptake of zero- and low- emission mobility and transport not least in the EU’s insular, peripheral, remote and rural regions.
Amendment 593 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) an estimate of the likely effects of that increase in prices on households, and in particular on incidence of energy poverty, on micro-enterprises and on transport users, comprising in particular an estimate and the identification of vulnerable households, vulnerable micro- enterprises and vulnerable transport users; these impacts are to be analysed with a sufficient level of regional disaggregation, taking into account elements such as access to public transport and basic services and identifying the areas mostly affected, particularly territories which areinsular, peripheral, remote and rural regions;
Amendment 672 #
2021/0206(COD)
(e) reductions in the number of vulnerable households, especially households in energy poverty, of vulnerable micro-enterprises and of vulnerable transport users, includespecially ing in rural and remotesular, peripheral, remote and rural areas.
Amendment 784 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
(f) support public and private entities in developing and providing affordable zero- and low-emission mobility and transport services and the uptake of attractive active mobility options for rural, insular, peripheral, mountainous, remote and less accessible areas or for less developed regions or territories, including less developed peri-urban areas.
Amendment 876 #
2021/0206(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Specific challenges facing island Member States, islands and outermost regions When preparing their social climate plans in accordance with Article 3, Member States shall take particular account of the situation of outermost regions, islands, and island Member States. These face serious socio-economic challenges deriving from the green transition towards climate neutrality and net zero emissions, having regard to their specific needs and social impacts. An adequate minimum amount of funds shall be allocated for those territories with the corresponding justification, taking into account the particular challenges of those territories.
Amendment 890 #
2021/0206(COD)
Proposal for a regulation
Article 13 – title
Article 13 – title
13 Maximum and minimum financial allocation
Amendment 895 #
2021/0206(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The minimum financial allocation shall be set and specified in Annex I and II so that each Member State receives an allocation allowing for the support of meaningful actions.
Amendment 976 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d a (new)
Article 15 – paragraph 2 – point d a (new)
(da) For the purpose of this assessment, the Commission shall take into account the specific challenges faced by island Member States, islands, and outermost regions and assess whether the Plans contain and reflect measures and investments that represent coherent actions proportionate and consistent with the specific challenges for those territories.
Amendment 62 #
2021/0197(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Tackling climate and environmental-related challenges and reaching the objectives of the Paris Agreement are at the core of the Communication on the “European Green Deal”, adopted by the Commission on 11 December 201923 . The European Parliament called, in its resolution of 15 January 2020 on the European Green Deal, for the necessary transition to a climate-neutral society by 2050 at the latest and, in its resolution of 28 November 2019 on the climate and environment emergency, declared a climate and environment emergency. The necessity and value of the European Green Deal have only grown in light of the very severe effects of the COVID-19 pandemic on the health and economic well-being of the Union’s citizens. _________________ 23 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
Amendment 67 #
2021/0197(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. In addition, the transition will affect regions of the Union differently, especially outermost regions, which, because of their periphery, are more vulnerable to the negative impacts of the transition. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.
Amendment 76 #
2021/0197(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) All sectors of the economy are expected to contribute to achieving those emission reductions, including the road transport sector, which accounts over 70 % of overall GHG emissions from the transport sector and has not been presenting a trend of decreasing emissions.
Amendment 103 #
2021/0197(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The strengthened CO2 emission reduction requirements should incentivise an increasing share of zero-emission vehicles being deployed on the Union market whilst providing benefits to consumers and citizens in terms of air quality and energy savings, as well as ensuring that innovation in the automotive value chain can be maintained. Within the global context, also the EU automotive chain must be a leading actor in the on- going transition towards zero-emission mobility. The strengthened CO2 emission reduction standards are technology neutral in reaching the fleet-wide targets that they set. Different technologies are and remain available to reach the zero-emission fleet wide target. Zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen powered vehicles, and technological innovations are continuing. Zero and low-emission vehicles, which also include well performing plug-in hybrid electric vehicles, as long as accurate and complete data on the emission performance of these type of vehicles is guaranteed, can continue to play a role in the transition pathway.
Amendment 123 #
2021/0197(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The targets in the revised CO2 performance standards should be accompanied by a European strategy to address the challenges posed by the scale- up of the manufacturing of zero-emission vehicles and associated technologies, as well as the need for up- and re-skilling of workers in the sector and the economic diversification and reconversion of activities. Where appropriate, fParticular attention should be given to the impact that this transition will have on the whole supply chain, including on SMEs. Financial support should be considerincreased at the level of the EU and Member States to crowd in private investment, including via the European Social Fund Plus, the Just Transition Fund, the Innovation Fund, the Recovery and Resilience Facility and other instruments of the Multiannual Financial Framework and the Next Generation EU, in line with State aid rules. The revised environmental and energy state aid rules will enable Member States to support business to decarbonize their production processes and adopt greener technologies in the context of the New Industrial StrategyJust Transition of the automotive industry is a challenge of unprecedented scale and importance. Therefore, the extension of the scope of the Just Transition Fund with a commensurable extension of the financial means should be proposed by the European Commission. The additional financial means should be proposed to be included within the framework of a mid- term review of the Multiannual Financial Framework 2021-2027 and should be exclusively financed by fresh money. The revised environmental and energy state aid rules will enable Member States to support business to decarbonize their production processes and adopt greener technologies in the context of the New Industrial Strategy. In line with “Council recommendations on ensuring a fair transition towards climate neutrality”, Member States should also be invited to prepare Territorial Just Transition Plans for their automotive industry, in close dialogue with social partners, in order to steer structural change in a socially acceptable way and to avoid social disruption.
Amendment 126 #
2021/0197(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The targets in the revised CO2 performance standards should be accompanied by a European strategy to address the challenges posed by the scale- up of the manufacturing of zero-emission vehicles and associated technologies, as well as the need for up- and re-skilling of workers in the sector and the economic diversification and reconversion of activities. Where appropriate, with a view of mitigating the negative impacts of the transition on the automotive sector, especially in employment, financial support should be considered at the level of the EU and Member States to crowd in private investment, including via the European Social Fund Plus, the Just Transition Fund, the Innovation Fund, the European Regional Development Fund, the Cohesion Fund, the Recovery Assistance for Cohesion and the Territories of Europe (REACT-EU), the Social Climate Fund, the Recovery and Resilience Facility and other instruments of the Multiannual Financial Framework and the Next Generation EU, in line with State aid rules. The revised environmental and energy state aid rules will enable Member States to support business to decarbonize their production processes and adopt greener technologies in the context of the New Industrial Strategy. Ensuring the coordinated use of funds will be necessary, both at EU and Member State level, with the aim of guaranteeing their targeted application, when necessary, especially for regions most affected by the transition.
Amendment 137 #
2021/0197(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The updated New Industrial Strategy26[1] foresees the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In this context, a transition pathway should be developed for the mobility ecosystem to accompany the transition of the automotive value chain. The pathway should take particular heed of SMEs in the automotive supply chain, of the consultation of social partners including by Member States, and also build on the Council recommendation on ensuring a fair transition towards climate neutrality (COM (2021) 801 final), and on the European Skills Agenda with initiatives like the Pact for Skills to mobilise the private sector and other stakeholders to up- skill and re-skill Europe’s workforce in view of the green and digital transitions. EU funds dedicated to supporting the transition to zero emissions mobility should be subject to social conditionality and the partnership principle. The appropriate actions and incentives at European and national level to boost the affordability of zero emission vehicles should also be addressed in the pathway. The role that public and company procurement can play in the pathway should also be addressed, and in this regard the Commission should consider a revision of Directive (EU) 2019/1161 of the European Parliament and of the Council to ensure its alignment with the objectives of this Regulation as well as to grow supply chains related zero-emission vehicles in the EU. The progress made on this comprehensive transition pathway for the mobility ecosystem should be monitored every two years as part of a progress report to be submitted by the Commission, looking inter alia at the progress in the deployment of zero- emission vehicles, their price developments, deployment of alternative fuels development and infrastructure roll- out as required under the Alternative Fuels Infrastructure Regulation, the potential of innovative technologies to reach climate neutral mobility, international competitiveness, investments in the automotive value chain, employment trends, up-skilling and re- skilling of workers and reconversion of activities as well as respecting the right of workers to be informed and consulted, and draw conclusions, proposing means to support the Just Transition. The progress report will also build on the two-year progress reports that Member States submit under the Alternative Fuels Infrastructure Regulation as well as on their Territorial Just Transition Plans for the automotive industry. The Commission should consult social partners in the preparation of the progress report, including the results in the social dialogue. In addition, the Commission shall monitor and assess the need for possible measures and new and additional financial resources to address the social impacts on households and workers of the transition to zero-emission vehicles, and the progress report shall, if appropriate, be accompanied by a legislative proposal to address these issues. Innovations in the automotive supply chain are continuing. Innovative technologies such as the production of electro-fuels with air capture, if further developed, could offer prospects for affordable climate neutral mobilitydecarbonising existing fleets to reach full decarbonisation. The Commission should therefore keep track of progress in the state of innovation in the sectorand of cost developments in the sector and needs for alternative fuels in other sector that are more difficult to decarbonise, as part of its progress report. _________________ 26[1] Commission Communication - Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery, COM(2021) 350 final of 5 May 2021
Amendment 142 #
2021/0197(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The updated New Industrial Strategy26 foresees the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In this context, a transition pathway should be developed for the mobility ecosystem to accompany the transition of the automotive value chain. The pathway should take particular heed of SMEs in the automotive supply chain, of the consultation of social partners including by Member States, and also build on the European Skills Agenda with initiatives like the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions. The appropriate actions and incentives at European and national level to boost the affordability of zero emission vehicles should also be addressed in the pathway. The progress made on this comprehensive transition pathway for the mobility ecosystem should be monitored every two years as part of a progress report to be submitted by the Commission, looking inter alia at the progress in the deployment of zero- emission vehicles, their price developments, deployment of alternative fuels development and infrastructure roll- out as required under the Alternative Fuels Infrastructure Regulation, the potential of innovative technologies to reach climate neutral mobility, international competitiveness, investments in the automotive value chain, up-skilling and re- skilling of workers and reconversion of activities. When possible, this progress should take into account impacts divided by Member States and regions, considering they will be affected differently and will have different needs. The progress report will also build on the two-year progress reports that Member States submit under the Alternative Fuels Infrastructure Regulation. The Commission should consult social partners in the preparation of the progress report, including the results in the social dialogue. Innovations in the automotive supply chain are continuing. Innovative technologies such as the production of electro-fuels with air capture, if further developed, could offer prospects for affordable climate neutral mobility. The Commission should therefore keep track of progress in the state of innovation in the sector as part of its progress report. _________________ 26 Commission Communication - Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery, COM(2021) 350 final of 5 May 2021
Amendment 149 #
2021/0197(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) To address the challenges and foster a Just Transition, an EU-wide harmonisation of workers’ rights is urgently needed, as workers are at the core of the transition and in many cases have shown that they have the best ideas for successfully transforming companies in line with social and climate goals. The European Commission should therefore come up urgently with a proposal to replace the current patchwork of legislation with a horizontal EU framework with binding minimum standards for information, consultation and participation of workers. This should be accompanied by the creation of a legal framework to allow unions to use innovative organizing techniques to advocate for workers outside of traditional workplaces and to organize new groups of workers, including highly skilled workers in IT.
Amendment 152 #
2021/0197(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 153 #
2021/0197(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) To ensure alignment with the new Union's climate target for 2030, as well as with the strengthened CO2 standards, an update of the Clean Vehicles Directive should be put forward, including the possibility of extending its scope to include vehicles owned or leased by a private company of a certain fleet size, with the purpose of promoting an increasing demand for zero-emission vehicles. Considering that vehicles from corporate fleets enter the private market faster, it would allow for a faster establishment of a second-hand market for zero-emission vehicles, which will be especially important for regions where the transition will prove more difficult, as well as it would contribute for faster price parity with conventional vehicles across the Union.
Amendment 169 #
2021/0197(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Manufacturers should be provided with sufficient flexibility in adapting their fleets over time in order to manage the transition towards zero-emission vehicles in a cost-efficient manner, and it is therefore appropriate to maintawhile considering the need to provide a clear trajectory for the roll-out of these vehicles, ensuring the approach of decreasing target levels in five-year stepscontribution of the road transport sector to the Union's 2030 climate target.
Amendment 185 #
2021/0197(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Under Regulation (EU) 2019/631, emission reductions achieved through innovations that are not accounted for in the type approval test are currently accounted for through eco-innovation credits, which can be counted towards the manufacturer’s reduction target. The emission reduction that can be claimed is currently capped at 7 g/km per manufacturer. That cap should be adjusted downwards in line with the targets dates, to ensure that this system remains limited to true innovations and is not incentivising reduced ambitions regarding the sale of zero-emission vehicles.
Amendment 189 #
2021/0197(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The targets set under Regulation 2019/631 are partially achieved by the sales of Off-Vehicle Charging Hybrid Electric Vehicles (OVC-HEVs). The emissions of those vehicles are currently accounted through the use of a utility factor established by Commission Regulation EU/2017/11511a, which represents the share of distance travelled using the battery compared to the distance travelled using the combustion engine. However, that utility factor is not based on representative real-world data, but on an estimate. The Commission has been collecting real-world fuel consumption data through on-board fuel consumption meters in passenger cars since 1 January 2021, in accordance with Article 12(2) of Regulation (EU)2019/631. The utility factor for OVC-HEVs should be revised without delay using that data in order to ensure that it reflects real driving emissions. The updated utility factor should apply from 2025 at the latest and should be kept under review to ensure that it remains representative of real emissions. _________________ 1aCommission Regulation (EU)2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type- approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).
Amendment 198 #
2021/0197(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 217 #
2021/0197(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The possibility to assign theallocation of revenue from the excess emission premiums to a specific fund or relevant programme has been evaluated as required pursuant to Article 15(5) of Regulation (EU) 2019/631, with the conclusion that this would significantly increase the administrative burden, while not directly benefit the automotive sector in its transition. Revenue from the excess emission premiums is therefore to continue to be considered as revenue for the general budget of the Union in accordance with Article 8(4) of Regulation (EU) 2019/631shall be considered to the Social Climate Fund, with the aim of ensuring a just transition towards a climate-neutral economy and, in specific, it should be considered as a way to mitigate any negative employment impacts of the transition in the automotive sector. Consideration shall be given in particular to especially affected regions and communities, which might be more vulnerable due to the presence of an intensive automotive industry or because of their specific characteristics that make the transition to zero-emissions road transport more difficult, such as outermost regions.
Amendment 220 #
2021/0197(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The possibility to assign the revenue from the excess emission premiums to a specific fund or relevant programme has been evaluated as required pursuant to Article 15(5) of Regulation (EU) 2019/631, with themany stakeholders conclusionding that this would significantly increase the administrative burden, while not directly benefit the automotive sector in its transition. Revenue from the excess emission premiums is therefore to continue to be considered as revenue for the general budget of the Union in accordance with Article 8(4) of Regulation (EU) 2019/631potential revenues should help the Just Transition of the sector. Revenue from the excess emission premiums is therefore to support the up- and re-skilling of workers in the sector, to coordinate and finance preventive and reactive measures to address restructuring at local and regional levels and is spent in close dialogue with the unions and worker’s councils.
Amendment 348 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2019/631
Article 8 – paragraph 4
Article 8 – paragraph 4
(5a) Article 8(4) is replaced by the following: ‘4. The amounts of the excess emissions premium shall be spent in the framework of an extended Just Transition Fund to support the up- and re-skilling of workers in the sector, to coordinate and finance preventive and reactive measures to address restructuring at local and regional levels and is spent in close dialogue with the unions and worker’s councils.’
Amendment 349 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2019/631
Article 8 – paragraph 4
Article 8 – paragraph 4
(5a) Article 8, paragraph 4 is replaced by the following: "4. The amounts of the excess emissions premium shall be considered as revenue for the general budget of the Union. content/EN/TXT/?uri=uriserv%3AOJ.L_.2019.111.01.0013.01.ENG&toc=OJ%3AL%3A2019Social Climate Fund, with the objective of ensuring a just transition towards a climate-neutral economy, in particular to mitigate any negative employment impacts of the transition in the automotive sector throughout the Union, in particular in the regions and communities most affected by the transition." Or. en (https://eur-lex.europa.eu/legal- %3A111%3ATOC)
Amendment 381 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) 2019/631
Article 14
Article 14
(7a) Article 14 is replaced by the following: "Article 14 Adjustment of M0and TM values 1. The Mand TM0 values referred to in Parts A and B of Annex I shall be adjusted as follows: (a) by 31 October 2020, the M0 value in point 4 of Part A of Annex I shall be adjusted to the average mass in running order of all new passenger cars registered in 2017, 2018, and 2019. That new M0 value shall apply from 1 January 2022 until 31 December 2024; (b) by 31 October 2022, the M0 value in point 4 of Part B of Annex I shall be adjusted to the average mass in running order of all new light commercial vehicles registered in 2019, 2020 and 2021. That new M0 value shall apply in 2024; (c) by 31 October 2022, the indicative TMvalue for 2025 shall be determined as the respective average test mass of all new passenger cars and new light commercial vehicles registered in 2021; (d) by 31 October 2024, and every second year thereafter, the TMvalue in point 6.2 of Parts A and B of Annex I shall be adjusted to the respective average test mass of all new passenger cars and new light commercial vehicles registered in the preceding two calendar years, starting with 2022 and 2023. The new TMvalues shall apply from 1 January of the calendar year following the date of the adjustment. content/EN/TXT/?uri=uriserv%3AOJ.L_.2019.111.01.0013.01.ENG&toc=OJ%3AL%3A2019" Or. en (https://eur-lex.europa.eu/legal- %3A111%3ATOC))
Amendment 384 #
2021/0197(COD)
Amendment 390 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 1
Article 14a – paragraph 1
By 31 December 20253, and every two years thereafter, the Commission shall report on the progress of a Just Transition towards zero emission road mobility. The report shall in particular monitor and assess the need for possible additional measures to facilitate the tdevelopment of decent jobs on a regional and company level, respecting the right of workers to be informed and consulted, and draw conclusions, proposing means to support the Just Transition, including through financial means.
Amendment 400 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 2
Article 14a – paragraph 2
In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050. This includes the deployment of zero- and low-emission vehicles and delivering a Just Transition for workers and communities impacted. This includes the deployment of zero- and low-emission vehicles, granular mapping of the employment impacts (particularly at regional level), progress in achieving the targets for the roll-out of recharging and refuelling infrastructure as required under the Alternative Fuels Infrastructure Regulation, the potential contribution of innovation technologies and sustainable alternative fuels to reach climate neutral mobility, impact on consumers, progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair trand the promotion of anticipation of change agreements, informing and consulting workers councils and unions and in the implementation of the Works Council Directive; For this purpose, the Commission shall establish a task force dedicated for the automotive sector with the aim of data collection, consistion towards zero emission road mobility.;ng of inter alia independent experts from technical and social sciences, unions’ and companies’ representatives, and national officials from regions that are especially affected by the transformational challenges.
Amendment 407 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 2
Article 14a – paragraph 2
In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050, taking into account the need to ensure a just transition throughout the Union. This includes the deployment of zero- and low-emission vehicles, progress in achieving the targets for the roll-out of recharging and refuelling infrastructure as required under the Alternative Fuels Infrastructure Regulation, the potential contribution of innovation technologies and sustainable alternative fuels to reach climate neutral mobility, impact on consumers, including through the granular mapping of the employment impacts, particularly at regional level, progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition towards zero emission road mobility.;,
Amendment 410 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 2 a (new)
Article 14a – paragraph 2 a (new)
In line with the "Council recommendations on ensuring a fair transition towards climate neutrality", Member States are invited to prepare Territorial Just Transition Plans for their automotive industry, in close dialogue with social partners, in order to steer structural change in a socially acceptable way and to avoid social disruption.
Amendment 415 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) 2019/631
Article 14a a (new)
Article 14a a (new)
(9a) The following Article 14aa is inserted: "Article 14aa - Additional measures to support the demand for zero-emission passenger cars and light-commercial vehicles in the Union market By [six months after the entry into force of this Regulation], the Commission shall take additional measures to support the demand for zero-emission passenger cars and light-commercial vehicles in the Union market, including through incentivising private companies with a certain fleet size to transition to zero- emission mobility. In particular, it shall put forward a proposal to amend Directive 2009/33/EC of the European Parliament and of the Council on the promotion of clean road transport vehicles1a in order to align the targets set therein with the increased CO2 standards for passenger cars and commercial vehicles. _________________ 1aAs amended by Directive (EU) 2019/1161 of the European Parliament and of the Council of 20 June 2019(OJ L 188, 12.7.2019, p. 116).
Amendment 416 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) 2019/631
Article 14a a (new)
Article 14a a (new)
(9a) The following Article 14aa is inserted: Article 14aa Extension of scope and means of the Just Transition Fund By 31 December 2023, The European Commission shall propose a Revision of Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund in order to extend the scope of the Just Transition Fund, to be accompanied by a commensurable extension of the financial means.
Amendment 428 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
The report shall, where appropriate, be accompanied by a proposal for amending this Regulation to advance the Just Transition towards zero emission road mobility.
Amendment 68 #
2021/0106(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The purpose of this Regulation is to improve the functioning of the internal market by laying down a uniform legal framework in particular for thefor the design, development, marketing and use of artificial intelligence in conformity with Union valuesand of sustainable and green artificial intelligence in conformity with Union values while minimising any risk of adverse and discriminatory impacts on people and adverse impacts on the environment. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of health, safety, and fundamental rights, and the protection of environment and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the design, development, marketing and use of AI systems, unless explicitly authorised by this Regulation.
Amendment 71 #
2021/0106(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Artificial intelligence systems (AI systems) can be easily deployed in multiple sectors of the economy and society, including cross border, and circulate throughout the Union. Certain Member States have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. Differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use AI systems. A consistent and high level of protection throughout the Union should therefore be ensured, while divergences hampering the free circulation of AI systems and related products and services within the internal market should be prevented, by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons, end users and end recipients throughout the internal market based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). To the extent that this Regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of AI systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement, it is appropriate to base this Regulation, in as far as those specific rules are concerned, on Article 16 of the TFEU. In light of those specific rules and the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board.
Amendment 74 #
2021/0106(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic, environmental and societal benefits across the entire spectrum of industries and social activities. By improving prediction, optimising operations and resource allocation, and personalising digital solutions available for individuals and organisations, the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes, for example in healthcare, farming and food safety, education and training, infrastructure management, energy, transport and logistics, public services, security, justice, resource and energy efficiency, and climate change mitigation and adaptation.
Amendment 84 #
2021/0106(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) At the same time, depending on the circumstances regarding its specific application and use, artificial intelligence may generate risks and cause harm to public interests and rights that are protected by Union law including climate and the environment. Such harm might be material or immaterial.
Amendment 86 #
2021/0106(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In terms of environment, artificial intelligence has a strong potential to solve environmental issues such as reducing resource consumption, promoting decarbonisation, boosting the circular economy, balancing supply and demand in electricity grids or optimising logistic routes. The analysis of large volumes of data can lead to a better understanding of environmental challenges and a better monitoring of trends and impacts. The intelligent management of large volumes of information related to the environment also provides solutions for better environmental planning, decision-making and monitoring of environmental threats and can inform and encourage environmentally sustainable business, providing better information to reorient sustainable decision-making in different business models, and thereby improving the efficiency of resource, energy and material use through smart-Industry initiatives and M2M and IoT technologies.
Amendment 89 #
2021/0106(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4 b) The predictive analytics capabilities provided by artificial intelligence based models can support a better maintenance of energy systems and infrastructure, as well as anticipate the patterns of society's interaction with natural resources, thus facilitating better resource management. Artificial intelligence also has the potential to contribute to strengthening environmental administration and governance by facilitating administrative decisions related to environmental heritage management, monitoring violations and environmental fraud, and encouraging citizen participation in biodiversity conservation initiatives.
Amendment 92 #
2021/0106(COD)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4 c) However, despite the high potential solutions to the environmental and climate crisis offered by artificial intelligence, the design, training and execution of algorithms imply a high energy consumption and consequently high levels of carbon emissions. These environmental and carbon footprints are expected to increase overtime as the volume of data transferred and stored and the increasing development of AI applications will continue to grow exponentially in the years to come. In order to favour the ecological transition and the reduction of the carbon footprint of artificial intelligence this regulation contributes to the promotion of a green and sustainable artificial intelligence and to the consideration of the environmental impact of AI systems throughout their lifecycle.
Amendment 94 #
2021/0106(COD)
Proposal for a regulation
Recital 4 d (new)
Recital 4 d (new)
(4 d) In terms of health and patients’ rights, AI systems can play a major role in improving the health of individual patients and the performance of public health systems. However, when AI is deployed in the context of health, patients may be exposed to potential specific risks that could lead to physical or psychological harm, for example, when different biases related to age, ethnicity, sex or disabilities in algorithms leads to incorrect diagnoses. The lack of transparency around the functioning of algorithms also makes it difficult to provide patients with the relevant information they need to exercise their rights, such as informed consent. In addition, AI’s reliance on large amounts of data, many of them being personal data, may affect the protection of medical data, due to patients’ limited control over the use of their personal data and the cybersecurity vulnerabilities of AI systems. All of this means that special caution must to be taken when AI is applied in clinical or healthcare settings.
Amendment 95 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the design, development, use and uptake of sustainable and green artificial intelligence in the internal market aligned with the European Green Deal provisions, that at the same time meets a high level of protection of public interests, such as health and safety, environment and climate change, food security and the protection of fundamental rights, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council[33 ], and it ensures the protection of ethical principles, as specifically requested by the European Parliament[34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL)].
Amendment 99 #
2021/0106(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The notion of AI system should be clearly defined to ensure legal certainty, while providing the flexibility to accommodate future technological developments. The definition should be based on the key functional characteristics of the software, in particular the ability, for a given set of human-defined objectives, to generate outputs such as content, predictions, recommendations, or decisions which influence the environment with which the system interacts, be it in a physical or digital dimension. AI systems can be designed to operate with varying levels of autonomy and be used on a stand- alone basis or as a component of a product, irrespective of whether the system is physically integrated into the product (embedded) or serve the functionality of the product without being integrated therein (non-embedded). The definition of AI system should be complemented by a list of specific techniques and approaches used for its development, which should be kept up-to–date in the light of market and technological developments through the adoption of delegated acts by the Commissionordinary legislative procedure to amend that list.
Amendment 100 #
2021/0106(COD)
(13) In order to ensure a consistent and high level of protection of public interests as regards health, safety and, fundamental rights or the environment, common normative standards for all high-risk AI systems should be established. Those standards should be consistent with the Charter of fundamental rights of the European Union (the Charter) and should be non-discriminatory and in line with the Union’s international trade commitments.
Amendment 103 #
2021/0106(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Each use of a ‘real-time’ remote biometric identification system in publicly accessible spaces for the purpose of law enforcement should be subject to an express and specific authorisation by a judicial authority or by an independent administrative authority of a Member State. Such authorisation should in principle be obtained prior to the use, except in duly justified situations of urgency, that is, situations where the need to use the systems in question is such as to make it effectively and objectively impossible to obtain an authorisation before commencing the use. In such situations of urgency, the use should be restricted to the absolute minimum necessary and be subject to appropriate safeguards and conditions, as determined in national law and specified in the context of each individual urgent use case by the law enforcement authority itself. In addition, the law enforcement authority should in such situations seek to obtain an authorisation as soon as possible, whilst providing the reasons for not having been able to request it earlier.
Amendment 106 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons or the environment in the Union and such limitation minimises any potential restriction to international trade, if any.
Amendment 110 #
2021/0106(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) AI systems could produce adverse outcomes to health and safety of persons or to the environment, in particular when such systems operate as components of products. Consistently with the objectives of Union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market, it is important that the safety risks that may be generated by a product as a whole due to its digital components, including AI systems, are duly prevented and mitigated. For instance, increasingly autonomous robots, whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. Similarly, in the health sector where the stakes for life and health are particularly high, increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. The extent of the adverse impact caused by the AI system on the fundamental rights protected by the Charter is of particular relevance when classifying an AI system as high-risk. Those rights include the right to human dignity, respect for private and family life, protection of personal data, freedom of expression and information, freedom of assembly and of association, and non- discrimination, consumer protection, workers’ rights, rights of persons with disabilities, right to an effective remedy and to a fair trial, right of defence and the presumption of innocence, right to good administration. In addition to those rights, it is important to highlight that children have specific rights as enshrined in Article 24 of the EU Charter and in the United Nations Convention on the Rights of the Child (further elaborated in the UNCRC General Comment No. 25 as regards the digital environment), both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. The fundamental right to a high level of environmental protection enshrined in the Charter and implemented in Union policies should also be considered when assessing the severity of the harm that an AI system can cause, including in relation to the health and safety of persons or to the environment.
Amendment 113 #
2021/0106(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) As regards stand-alone AI systems, meaning high-risk AI systems other than those that are safety components of products, or which are themselves products, it is appropriate to classify them as high-risk if, in the light of their intended purpose, they pose a high risk of harm to the health and, safety or the fundamental rights of persons or the environment, taking into account both the severity of the possible harm and its probability of occurrence and they are used in a number of specifically pre-defined areas specified in the Regulation. The identification of those systems is based on the same methodology and criteria envisaged also for any future amendments of the list of high-risk AI systems.
Amendment 114 #
2021/0106(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) As regards the management and operation of critical infrastructure, it is appropriate to classify as high-risk the AI systems intended to be used as safety components in the management and operation of road traffic and the supply of water, gas, heating and electricity, since their failure or malfunctioning may put at risk the life and health of persons or the environment at large scale and lead to appreciable disruptions in the ordinary conduct of social and economic activities.
Amendment 119 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property or the environment.
Amendment 121 #
2021/0106(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) AI systems not covered by Regulation (EU) 2017/745 with an impact on health or healthcare should be classified as high-risk and be covered by this Regulation. Healthcare is one of the sectors where many AI applications are being deployed in the Union and is a market posing potential high risk to human health. Regulation (EU) 2017/745 only covers medical devices and software with an intended medical purpose, but excludes many AI applications used in health, like AI administrative and management systems used by healthcare professionals in hospitals or other healthcare setting and by health insurance companies and many fitness and health apps which provides AI powered recommendations. These applications may present new challenges and risks to people, because of their health effects or the processing of sensitive health data. In order to control this potential specific risks that could lead to any physical or psychological harm or the misuse of sensitive health data, these AI systems should be classified as high- risk.
Amendment 125 #
2021/0106(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Requirements should apply to high- risk AI systems as regards the quality of data sets used, technical documentation and record-keeping, transparency and the provision of information to users, human oversight, and robustness, accuracy and cybersecurity. Those requirements are necessary to effectively mitigate the risks for health, safety and, fundamental rights, and more widely for the climate and the environment as applicable in the light of the intended purpose of the system, and no other less trade restrictive measures are reasonably available, thus avoiding unjustified restrictions to trade.
Amendment 126 #
2021/0106(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) High data quality is essential for the performance of many AI systems, especially when techniques involving the training of models are used, with a view to ensure that the high-risk AI system performs as intended and safely and it does not become the source of discrimination prohibited by Union law. High quality training, validation and testing data sets require the implementation of appropriate data governance and management practices. Training, validation and testing data sets should be sufficiently relevant, representative and free of errors and complete in view of the intended purpose of the system. They should also have the appropriate statistical properties, including as regards the persons or groups of persons on which the high-risk AI system is intended to be used. In particular, training, validation and testing data sets should take into account, to the extent required in the light of their intended purpose, the features, characteristics or elements that are particular to the specific geographical, behavioural or functional setting or context within which the AI system is intended to be used. In order to protect the right of others from the discrimination that might result from the bias in AI systems, that is, to ensure algorithmic non-discrimination, the providers should be able to process also special categories of personal data, as a matter of substantial public interest, in order to ensure the bias monitoring, detection and correction in relation to high- risk AI systems.
Amendment 132 #
2021/0106(COD)
(46) Having information on how high- risk AI systems have been designed and developed and how they perform throughout their lifecycle is essential to verify compliance with the requirements under this Regulation. This requires keeping records and the availability of a technical documentation, containing information which is necessary to assess the compliance of the AI system with the relevant requirements. Such information should include the general characteristics, capabilities and limitations of the system, algorithms, data, training, testing and validation processes used as well as documentation on the relevant risk management system. The technical documentation should be kept up to date.
Amendment 133 #
2021/0106(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46 a) Artificial intelligence should contribute to the European Green Deal and the green transition and be used by governments and businesses to benefit people and the planet, and contribute to the achievement of sustainable development, the preservation of the environment, climate neutrality and circular economy goals. The design, development, deployment and use of AI systems should also minimise and remedy any harm caused to the environment during their lifecycle and across their entire supply chain in line with Union law. In this regard, in order to enhance sustainability and ecological responsibility, and to design, develop, deploy and use ever greener and more sustainable AI systems, green AI should be encouraged. Green AI proposes to reduce energy consumption by balancing the volume of data needed to train a model, the amount of time to train it and the number of iterations to optimise its parameters, being more efficient and less carbon intensive, and by promoting the use of renewable energy sources in the creation and application of these models.
Amendment 135 #
2021/0106(COD)
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46 b) In order to promote the development of a green and sustainable artificial intelligence, as well as to address needs of the providers and product manufacturers to carry out the ecological transition and green transformation, the technical documentation of high-risk AI systems should also include an “energy efficiency and carbon intensity marking”, indicating the energy used in the training and execution of algorithms and the carbon intensity. This will stimulate research into new modelling and running strategies and algorithms that lower the energy use and the carbon intensity. In this regard, high-risk AI systems that boost the energy efficiency of data storage and computing systems, and minimise its own carbon footprint will obtain a “green AI label”. Likewise, non high-risk AI systems which address global challenges related to climate and environment and support the implementation of pertinent initiatives and actions such as the Paris Agreement, the UN Sustainable Development Goals and the European Green Deal, may also receive the green AI label.
Amendment 140 #
2021/0106(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The provider should establish a sound quality management system, ensure the accomplishment of the required conformity assessment procedure, draw up the relevant documentation, including the energy consumption and carbon intensity of the system and establish a robust post- market monitoring system. Public authorities which put into service high-risk AI systems for their own use may adopt and implement the rules for the quality management system as part of the quality management system adopted at a national or regional level, as appropriate, taking into account the specificities of the sector and the competences and organisation of the public authority in question.
Amendment 141 #
2021/0106(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) Where a high-risk AI system that is a safety component of a product which is covered by a relevant New Legislative Framework sectorial legislation is not placed on the market or put into service independently from the product, the manufacturer of the final product as defined under the relevant New Legislative Framework legislation should comply with the obligations of the provider established in this Regulation, including the information about the energy consumption and carbon intensity of the component, and notably ensure that the AI system embedded in the final product complies with the requirements of this Regulation.
Amendment 142 #
2021/0106(COD)
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58 a) Insofar the Union lacks a charter of digital rights that would provide a reference framework for guaranteeing citizens' rights in the new digital reality and that would safeguard fundamental rights in the digital landscape. A number of AI-related data-protection issues may lead to uncertainties and costs, and may hamper the development of AI applications. In this regard, some provisions are included in the text to ensure the explanation, acceptability, surveillance, fairness and transparency of the AI systems.
Amendment 144 #
2021/0106(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) High-risk AI systems should bear the CE marking to indicate their conformity with this Regulation so that they can move freely within the internal market as well as the energy efficiency and carbon intensity marking. Member States should not create unjustified obstacles to the placing on the market or putting into service of high-risk AI systems that comply with the requirements laid down in this Regulation and bear the CE marking and the energy efficiency and carbon intensity marking.
Amendment 145 #
2021/0106(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) Under certain conditions, rapid availability of innovative technologies may be crucial for health and safety of persons, the environment and climate change and for society as a whole. It is thus appropriate that under exceptional reasons of public security or protection of life and health of natural persons, the protection of the environment and the protection of industrial and commercial property, Member States could authorise the placing on the market or putting into service of AI systems which have not undergone a conformity assessment.
Amendment 147 #
2021/0106(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversight and a safe space for experimentation, while ensuring responsible innovation and integration of appropriate safeguards and risk mitigation measures. To ensure a legal framework that is innovation-friendly, future-proof, sustainable and resilient to disruption, national competent authorities from one or more Member States should be encouraged to establish artificial intelligence regulatory sandboxes to facilitate the development and testing of innovative AI systems, with particular emphasis on the promotion of sustainable and green AI systems, under strict regulatory oversight before these systems are placed on the market or otherwise put into service.
Amendment 149 #
2021/0106(COD)
Proposal for a regulation
Recital 73 a (new)
Recital 73 a (new)
(73 a) In order to promote a more sustainable and greener innovation, the Commission and Member States should publish guidelines and methodologies for efficient algorithms that provide data and pre-trained models in view of a rationalisation of training activity. The development of best practice procedures would also support the identification and subsequent development of solutions to the most pressing environmental challenges of AI systems, including on the development of the previously mentioned green AI label.
Amendment 152 #
2021/0106(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) In order to ensure that providers of high-risk AI systems can take into account the experience on the use of high-risk AI systems for improving their systems and the design and development process or can take any possible corrective action in a timely manner, all providers should have a post-market monitoring system in place. This system is also key to ensure that the possible risks emerging from AI systems which continue to ‘learn’ after being placed on the market or put into service can be more efficiently and timely addressed. In this context, providers should also be required to have a system in place to report to the relevant authorities any serious incidents or any breaches to national and Union law protecting fundamental rights resulting from the use of their AI systems. Likewise, civil society organisations and other stakeholders should be enabled to provide input and lodge complaints if the protection of fundamental rights or public interest is at risk.
Amendment 154 #
2021/0106(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) The development of AI systems other than high-risk AI systems in accordance with the requirements of this Regulation may lead to a larger uptake of trustworthy artificial intelligence in the Union. Providers of non-high-risk AI systems should be encouraged to create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk AI systems. Providers should also be encouraged to apply on a voluntary basis additional requirements related, for example, to environmental sustainability, energy efficiency and carbon intensity, accessibility to persons with disability, stakeholders’ participation in the design and development of AI systems, and diversity of the development teams. The Commission may develop initiatives, including of a sectorial nature, to facilitate the lowering of technical barriers hindering cross-border exchange of data for AI development, including on data access infrastructure, semantic and technical interoperability of different types of data.
Amendment 155 #
2021/0106(COD)
Proposal for a regulation
Recital 85
Recital 85
(85) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the techniques and approaches referred to in Annex I to define AI systems, the Union harmonisation legislation listed in Annex II, the high-risk AI systems listed in Annex III, the provisions regarding technical documentation listed in Annex IV, the content of the EU declaration of conformity in Annex V, the provisions regarding the conformity assessment procedures in Annex VI and VII and ,the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply and the provisions setting the content and presentation of the information, the methodology procedures, the minimum standards and the efficiency scale for the energy efficiency and carbon intensity marking and the green AI label of article 49a. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making[58 ]. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 58OJ L 123, 12.5.2016, p. 1.
Amendment 158 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(a a) harmonised rules and procedures to establish an energy efficiency and carbon intensity marking and green labelling to mitigate the environmental impact of AI systems enabling further sustainability;
Amendment 159 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) “sustainable and green artificial intelligence” means an artificial intelligence system that reduces energy consumption by balancing the volume of data needed to train a model, the amount of time to train it and the number of iterations to optimise its parameters, thus reducing its carbon intensity;
Amendment 160 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘safety component of a product or system’ means a component of a product or of a system which fulfils a safety function for that product or system or the failure or malfunctioning of which endangers the health and safety of persons or property or causes a serious damage to the environment;
Amendment 163 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 a (new)
Article 3 – paragraph 1 – point 24 a (new)
(24 a) “energy efficiency and carbon intensity marking” means a marking by which a provider indicates the carbon footprint of an AI system calculated by estimating the power consumption of the algorithms training and execution and the carbon intensity of producing this energy;
Amendment 164 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 b (new)
Article 3 – paragraph 1 – point 24 b (new)
(24 b) “green AI label” means a label by which the less carbon intensive and most energy efficient AI systems are recognised and that promotes the techniques and procedures used for a better efficiency;
Amendment 166 #
2021/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 169 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the Member State in which the use is to take place, issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. However, in a duly justified situation of urgency, the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use.
Amendment 170 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real-time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.
Amendment 172 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the AI systems are intended to be used in any of the areas listed in points 1 to 89 of Annex III;
Amendment 174 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the AI systems pose a risk of harm to the health and, safety, or a risk of adverse impact on fundamental rights or the environment, that is, in respect of its severity and probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact posed by the high-risk AI systems already referred to in Annex III.
Amendment 176 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. When assessing for the purposes of paragraph 1 whether an AI system poses a risk of harm to the health and, safety or a risk of adverse impact on fundamental rights or the environment that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account the following criteria:
Amendment 178 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) the extent to which the use of an AI system has already caused harm to the health, and safety or adverse impact on the fundamental rights or the environment or has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by reports or documented allegations submitted to national competent authorities;
Amendment 181 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
(g) the extent to which the outcome produced with an AI system is easily reversible, whereby outcomes having an impact on the health or safety of persons or having serious impact to the environment shall not be considered as easily reversible;
Amendment 186 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. To the extent that it is strictly necessary for the purposes of ensuring bias monitoring, detection and correction in relation to the high-risk AI systems and to ensure algorithmic non-discrimination, the providers of such systems may process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679, Article 10 of Directive (EU) 2016/680 and Article 10(1) of Regulation (EU) 2018/1725, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons, including technical limitations on the re-use and use of state-of-the-art security and privacy- preserving measures, such as pseudonymisation, or encryption where anonymisation may significantly affect the purpose pursued.
Amendment 188 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall be drawn up in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements as well as their energy consumption and carbon intensity information. It shall contain, at a minimum, the elements set out in Annex IV.
Amendment 190 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. High-risk AI systems shall be accompanied by instructions for use in an appropriate digital format or otherwise that include concise, complete, correct and clear information that is relevant, accessible and comprehensible to users, including in relation to possible risks to fundamental rights and discrimination.
Amendment 191 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
Article 13 – paragraph 3 – point b – point iii
(iii) any known or foreseeable circumstance, related to the use of the high-risk AI system in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, which may lead to risks to the health and safety or the environment or fundamental rights;
Amendment 194 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Human oversight shall aim at preventing or minimising the risks to health, safety or, fundamental rights and the environment that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular when such risks persist notwithstanding the application of other requirements set out in this Chapter.
Amendment 199 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point i
Article 16 – paragraph 1 – point i
(i) to affix the CE marking and the energy efficiency and carbon intensity marking to their high-risk AI systems to indicate the conformity with this Regulation in accordance with Article 49 and their energy consumption and carbon intensity in accordance with article 49a, respectively;
Amendment 201 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) the system bears the required conformity marking and is accompanied by the required concise and clear documentation and instructions of use, including in relation to possible risks to fundamental rights and discrimination.
Amendment 202 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Before making a high-risk AI system available on the market, distributors shall verify that the high-risk AI system bears the required CE conformity marking and the energy efficiency and carbon intensity marking, that it is accompanied by the required concise and clear documentation and instruction of use, including in relation to possible risks to fundamental rights and discrimination, and that the provider and the importer of the system, as applicable, have complied with the obligations set out in this Regulation.
Amendment 203 #
2021/0106(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Each Member State shall designate or establish a notifying authority responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity assessment bodies and for their monitoring, including the energy efficiency and carbon intensity information.
Amendment 207 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. For high-risk AI systems referred to in points 2 to 89 of Annex III, providers shall follow the conformity assessment procedure based on internal control as referred to in Annex VI, which does not provide for the involvement of a notified body. For high-risk AI systems referred to in point 5(b) of Annex III, placed on the market or put into service by credit institutions regulated by Directive 2013/36/EU, the conformity assessment shall be carried out as part of the procedure referred to in Articles 97 to101 of that Directive.
Amendment 210 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
6. The Commission is empowered to adopt delegated acts to amend paragraphs 1 and 2 in order to subject high-risk AI systems referred to in points 2 to 8 of Annex III to the conformity assessment procedure referred to in Annex VII or parts thereof. The Commission shall adopt such delegated acts taking into account the effectiveness of the conformity assessment procedure based on internal control referred to in Annex VI in preventing or minimizing the risks to health and safety, to the environment and protection of fundamental rights posed by such systems as well as the availability of adequate capacities and resources among notified bodies.
Amendment 211 #
2021/0106(COD)
Article 49 a Energy efficiency and carbon intensity marking and green AI label 1. Based on the energy efficiency and carbon intensity information provided following Article 11(1) and Annex IV, high-risk AI systems shall be affixed an energy efficiency and carbon intensity marking which considers the carbon footprint of the system based on its energy consumption and the carbon intensity. 2. The least carbon intensive and most energy efficient AI systems shall also be affixed a Green AI label. Non high-risk AI systems other than high-risk AI systems aimed at supporting the green transition may also be affixed a Green AI label upon presentation of the energy efficiency and carbon intensity information by the provider. 3. The Commission is empowered to adopt delegated acts in accordance with Article 73 to supplement paragraphs 1 and 2 of this Article to specify the content and presentation of the information to be disclosed pursuant to those paragraphs, including the methodology to be used in order to comply with them, the procedure, the minimum standards and the efficiency scale, taking into account the obligations and procedures established pursuant to this Regulation, including the structures and the notifying authorities and notified bodies. The Commission shall adopt that delegated act within a year of the entry into force of this Regulation. 4. The obligation to provide the energy efficiency and carbon intensity information will not become effective until the adoption of this delegated act.
Amendment 212 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Providers shall ensure that AI systems intended to interact with natural persons are designed and developed in such a way that natural persons are informed that they are interacting with an AI system, especially in the healthcare sector, unless this is obvious from the circumstances and the context of use. This obligation shall not apply to AI systems authorised by law to detect, prevent, investigate and prosecute criminal offences, unless those systems are available for the public to report a criminal offence.
Amendment 213 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 a (new)
Article 52 – paragraph 3 a (new)
3 a. Recipients of an AI system in the domain of healthcare shall be informed of their interaction with an AI system.
Amendment 214 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 b (new)
Article 52 – paragraph 3 b (new)
3 b. Public and administrative authorities which adopt decisions with the assistance of AI systems shall provide a clear and intelligible explanation which shall be accessible for persons with disabilities and other vulnerable groups.
Amendment 216 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The AI regulatory sandboxes shall not affect the supervisory and corrective powers of the competent authorities. Any significant risks to health and safety and , to fundamental rights or to the environment identified during the development and testing of such systems shall result in immediate mitigation and, failing that, in the suspension of the development and testing process until such mitigation takes place.
Amendment 220 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a – point ii
Article 54 – paragraph 1 – point a – point ii
(ii) public safety and public health, including disease prevention, control and treatment, and the health challenges in relation to the inter-linkage between human and animal health, in particular zoonotic diseases;
Amendment 224 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a – point iii
Article 54 – paragraph 1 – point a – point iii
(iii) a high level of protection and improvement of the quality of the environment, with particular emphasis on the three global environmental challenges: climate change, biodiversity loss and pollution;
Amendment 230 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c a (new)
Article 56 – paragraph 2 – point c a (new)
(c a) assist the Commission in the field of international cooperation in artificial intelligence for matters covered by this Regulation.
Amendment 234 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Board may invite external experts and observers to attend its meetings and may hold exchanges with interested third parties of a wide array of organisations to inform its activities to an appropriate extent. To that end the Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groups.
Amendment 238 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. Member States shall ensure that national competent authorities are provided with adequate financial and human resources to fulfil their tasks under this Regulation. In particular, national competent authorities shall have a sufficient number of personnel permanently available whose competences and expertise shall include an in-depth understanding of artificial intelligence technologies, data and data computing, fundamental rights, environment, health and safety risks and knowledge of existing standards and legal requirements.
Amendment 244 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. AI systems presenting a risk shall be understood as a product presenting a risk defined in Article 3, point 19 of Regulation (EU) 2019/1020 insofar as risks to the health or safety or, to the protection of fundamental rights of persons or to the environment are concerned.
Amendment 245 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1 a. Where the protection of fundamental rights or public interest is at risk, Member States need to ensure procedures for civil society organisations and other stakeholders to be able to submit input and lodge complaints to the market surveillance authority of a Member State or to the national public authorities or bodies which supervise or enforce the respect of obligations under Union law protecting fundamental rights in relation to the use of high-risk AI systems referred to in Annex III.
Amendment 246 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 2 – introductory part
Article 65 – paragraph 2 – introductory part
2. Where the market surveillance authority of a Member State has sufficient reasons to consider that an AI system presents a risk as referred to in paragraph 1, they shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation. When risks to the protection of fundamental rights are present, the market surveillance authority ex-officio or following a complaint by civil society organisations or other stakeholders shall also inform the relevant national public authorities or bodies referred to in Article 64(3). The relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in Article 64(3).
Amendment 247 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Where, having performed an evaluation under Article 65, the market surveillance authority of a Member State finds that although an AI system is in compliance with this Regulation, it presents a risk to the health or safety of persons, to the environment, to the compliance with obligations under Union or national law intended to protect fundamental rights or to other aspects of public interest protection, it shall require the relevant operator to take all appropriate measures to ensure that the AI system concerned, when placed on the market or put into service, no longer presents that risk, to withdraw the AI system from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
Amendment 249 #
2021/0106(COD)
Proposal for a regulation
Article 68 – paragraph 1 – point b
Article 68 – paragraph 1 – point b
(b) the conformity marking or the energy efficiency and carbon intensity marking has not been affixed;
Amendment 251 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The Commission and the Board shall encourage and facilitate the drawing up of codes of conduct intended to foster the voluntary application to AI systems of requirements related for example to environmental sustainability, energy efficiency and carbon intensity, accessibility for persons with a disability, stakeholders participation in the design and development of the AI systems and diversity of development teams on the basis of clear objectives and key performance indicators to measure the achievement of those objectives.
Amendment 252 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
2. The delegation of power referred to in Article 4, Article 7(1), Article 11(3), Article 43(5) and (6),Article 48(5) and Article 48(59a(3) shall be conferred on the Commission for an indeterminate period of time from [entering into force of the Regulation].
Amendment 253 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
3. The delegation of power referred to in Article 4, Article 7(1), Article 11(3), Article 43(5) and (6), Article 48(5) and Article 48(59a(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 254 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 5
Article 73 – paragraph 5
5. Any delegated act adopted pursuant to Article 4, Article 7(1), Article 11(3), Article 43(5) and (6), Article 48(5) and Article 48(59a(3) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
Amendment 260 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 8 a (new)
Annex III – paragraph 1 – point 8 a (new)
8 a. Health, health care, long-term care and health insurance: (a) AI systems not covered by Regulation (EU) 2017/745 intended to be used in the health, health care and long-term care sectors that have indirect and direct effects on health or that use sensitive health data. (b) AI administrative and management systems used by healthcare professionals in hospitals and other healthcare settings and by health insurance companies that process sensitive data of people’s health.
Amendment 263 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point g
Annex IV – paragraph 1 – point 1 – point g
(g) clear and concise instructions of use for the user including in relation to possible risks to fundamental rights and discrimination and, where applicable installation instructions;
Amendment 268 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 3 a (new)
Annex IV – paragraph 1 – point 3 a (new)
Amendment 29 #
2021/0045(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) An internal telecommunications market cannot be said to exist while there are differences between domestic and roaming prices. Therefore the difference between domestic charges and roaming charges should be eliminated , thus establishing an internal market for mobile communication services. Specifities of IoT must be taken into consideration.
Amendment 30 #
2021/0045(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Takes note of increasing data consumption abroad and in this regard recalls the importance of European programmes such as WiFi4EU that should support high-speed connection in public spaces throughout the EU and guarantee accessibility especially in less developed countries and regions for students, lower income groups and vulnerable people. Therefore the Commission should further develop and invest in programmes such as WiFi4EU.
Amendment 31 #
2021/0045(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The widespread use of internet- enabled mobile devices means that data roaming is of great economic significance. This is relevant for both users and providers of applications and content. In order to stimulate the development of this market, charges for data transport should not impede growth , in particular considering that the deployment of 5G networks and services is expected to grow steadily ncluding Internet of Things solutions is expected to grow steadily. Notes the increased level of uncertainty the COVID-19 pandemic brought to the predictability of future volumes of roaming traffic.
Amendment 35 #
2021/0045(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Roaming is relevant for facilitating innovation, and especially for benefiting users of connected objects. Recognises that in the future wholesale access should also cover Internet of Things in order to enable consumers to use their IoT devices seemingly across the EU Member States
Amendment 40 #
2021/0045(COD)
Proposal for a regulation
Recital new(14
Recital new(14
new(14) In order to allow for the development of a more efficient, integrated and competitive market for roaming services, there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. Obstacles to access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings, should be removed. To that end, wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faithto the best knowledge allowing the roaming provider to offer retail roaming services equivalent to the services offered domestically. Mobile virtual network operators (MVNOs) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same Member State. Commercial negotiations, however, may not leave enough margin to MVNOs and resellers for stimulating competition through lower prices. The removal of those obstacles and balancing the negotiation power between MVNOs/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative, innovative and Union-wide roaming services and offers for customers. Directive (EU) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers.
Amendment 47 #
2021/0045(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In accordance with Article 109 of Directive (EU) 2018/1972, all end-users should have access to emergency services, free of charge, through emergency communications to the most appropriate public safety answering point (PSAP). Member States are also required to ensure that access for end-users with disabilities to emergency services is available through emergency communications, especially while travelling abroad, and is equivalent to that enjoyed by other end- users. Takes into account the obligations imposed in Article 2 and 4 of the European Accessibility Act (Directive (EU) 2019/882) that Member States shall ensure that economic operators provide services that comply with the accessibility requirements of this Directive. It is for the Member States to determine the type of emergency communications that are technically feasible to ensure roaming customers access to emergency services. In order to ensure that roaming customers have access to emergency communications under the conditions laid down in Article 109 of Directive (EU) 2018/1972, visited network operators should inform the roaming provider through the wholesale roaming agreement about what type of emergency communications are mandated under national measures in the visited Member State. In addition, wholesale roaming agreements should include information on the technical parameters for ensuring access to emergency services, including for roaming customers with disabilities, as well as for ensuring the transmission of caller location information to the most appropriate PSAP in the visited Member State. Such information should allow the roaming provider to identify and provide the emergency communication and the transmission of caller location free of charge.
Amendment 51 #
2021/0045(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) In the long term, facilitating M2M roaming should be recognised as an important facilitator to digitise EU industry and build on related EU policies for sectors such as health, energy, environment, and transport. The Commission should assess the M2M and IoT connectivity market and provide recommendations in cooperation with BEREC and relevant stakeholders.
Amendment 58 #
2021/0045(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Roaming customers should, to the greatest extent possible, be able to use the retail services that they subscribe to and benefit from the same level of quality of service as at home, when roaming in the Union. To that end, roaming providers should take the necessary measures to ensure that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically. In particular, the same taking into account the obligations imposed in the Open Internet Regulation (Regulation(EU) 2015/2120, of the European Parliament and of the Council of 25 November 2015) to treat all traffic equally, without discrimination, restriction or interference. Similar quality of service should be offered to customers when roaming, if technically feasiavailable.
Amendment 73 #
2021/0045(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) At a minimum, providers should clearly inform about specific pricing in timely manner, whenever consumers use value-added services. The Commission should introduce a rule that value-added services must cost the same for roaming consumers as nationals of that EU/EEA country.
Amendment 74 #
2021/0045(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To ensure that roaming customers have uninterrupted and effective access to emergency services, free of charge, visited networks should not levy any wholesale charge related to suchall types of emergency communications on the roaming providers that are agreed between them and home networks or/and operators.
Amendment 83 #
2021/0045(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) There are considerable disparities between regulated roaming tariffs within the Union and roaming tariffs incurred by customers when they are travelling outside the Union, which are significantly higher than prices within the Union, where roaming surcharges are only exceptionally applied following the abolition of retail roaming charges . The Commission should consider including roaming provisions such as RLAH in future international agreements with 3rd countries especially those bordering with the EU and those being part of the pre-accession negotiations. The Commission should further assess such possible provisions in the relevant agreements with Western Balkan and Eastern Partnership countries. Due to the absence of a consistent approach to transparency and safeguard measures concerning roaming outside the Union, consumers are not confident about their rights and are therefore often deterred from using mobile services while abroad. Transparent information provided to consumers could not only assist them in the decision as to how to use their mobile devices while travelling abroad (both within and outside the Union), but could also assist them in the choice between roaming providers. It is therefore necessary to address the problem of the lack of transparency and consumer protection by applying certain transparency and safeguard measures also to roaming services provided outside the Union. Those measures should facilitate competition and improve the functioning of the internal market.
Amendment 85 #
2021/0045(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) The Commission should work closely with the non-EU/EEA countries to reach roaming agreements or, at the very least, promote competition rules that bring down prices for consumers.
Amendment 88 #
2021/0045(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Where Union providers of mobile services find the benefits of interoperability and end-to-end connectivity for their customers jeopardised by the termination, or threat of termination, of their roaming arrangements with mobile network operators in other Member States, or are unable to provide their customers with service in another Member State as a result of a lack of agreement with at least one wholesale network provider, national regulatory authorities should make use, where necessary, of the powers under Article 61 of Directive (EU) 2018/1972 to ensure adequate access and interconnection , taking into account the objectives set out in Article 3 of that Directive , in particular the development of the internal market by favouring the provision, availability and interoperability of pan-European services, including of pan-European Internet of Things and end-to-end connectivity .
Amendment 90 #
2021/0045(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) It is necessary to monitor and to review regularly the functioning of wholesale roaming markets and their interrelationship with the retail roaming markets, taking into account competitive and technological developments and traffic flows. The Commission should submit two reports to the European Parliament and to the Council. In its biennial reports, the Commission should, in particular, assess whether RLAH has any impact on the evolution of tariff plans available on the retail markets. That should include, on the one hand, an assessment of any emergence of tariff plans that include only domestic services and that exclude retail roaming services altogether, thus undermining the very objective of RLAH and, on the other, an assessment of any reduction in the availability of flat-rate tariff plans, which could also represent a loss for consumers and undermine the objectives of the digital single market. The Commission’s reports should, in particular, analyse the extent to which exceptional retail roaming surcharges have been authorised by national regulatory authorities, the ability of home network operators to sustain their domestic charging models and the ability of visited network operators to recover the efficiently incurred costs of providing regulated wholesale roaming services. In addition, the Commission’s reports should assess how, at wholesale level, access to the different network technologies and generations is ensured; the level of usage of trading platforms and similar instruments to trade traffic at wholesale level; the evolution of the machine-to- machine roaming; the persisting problems at retail level in relation to value added services and the application of the measures on emergency communications . Reports should include an assessment of the 5G rollout and any new technology implementation as well as effects of the COVID-19 pandemic on the market and end-user behaviour in terms of predictability of volumes. In order to enable such reporting with a view to assessing how the roaming markets adapt to RLAH rules, sufficient data should be gathered on the functioning of those markets after the implementation of those rules.
Amendment 96 #
2021/0045(COD)
Proposal for a regulation
Recital 60 a (new)
Recital 60 a (new)
(60 a) The Commission should provide relevant assessments of the M2M and IoT connectivity market in order to provide necessary recommendations in cooperation with BEREC and relevant stakeholders.
Amendment 111 #
2021/0045(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Mobile network operators shall meet all reasonable requests for wholesale roaming access , in particular allowing the roaming provider to replicate the retail mobile services offered domestically, when technically feasible according to technical capacities and availability.
Amendment 113 #
2021/0045(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Wholesale roaming access shall cover access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of regulated roaming services to customers , on any network technology and generation available in particular through equal and fair opportunity to accessing all networks and technologies available. Anomalous or abusive use shall not be covered by wholesale roaming access.
Amendment 116 #
2021/0045(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. BEREC shall, in close cooperation with the Commission and the relevant stakeholders, assess the possible future proof regulatory framework for consumers, businesses and operators to facilitate the access to next generation connectivity and modern technologies and to ensure the interoperability of key digital infrastructures, such as extensive 5G and future networks
Amendment 117 #
2021/0045(COD)
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3 b. Commission shall provide assessments of the M2M and IoT connectivity market in timely manner in order to build on necessary recommendations in close cooperation with BEREC and relevant stakeholders.
Amendment 126 #
2021/0045(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Roaming providers shall ensure, when technically feasiavailable, that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically, in particular in terms of quality of service. Roaming providers shall offer similar quality of service (same generation) where technically available. For no reason, providers shall not limit quality of service or the conditions of regulated retail roaming services.
Amendment 131 #
2021/0045(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. In order to contribute to the consistent application of this Article, BEREC shall, by ...[6 months after the entry into force of this Regulation],after consulting stakeholders and in close cooperation with the Commission, update its retail guidelines regarding the implementation of the quality of service measures. Such guidelines shall also provide more clarity around data speed and other quality of service parameters provided while roaming
Amendment 135 #
2021/0045(COD)
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2 b. BEREC shall closely monitor the market and provide follow up assessments. Special attention shall be brought to the assessment of the quality of service, including reports on the statistics about complaints received by consumers on the quality of services, the suitability of the existing regulatory approach/regulation and the adequacy of the different mechanisms as regards to characteristics of M2M and IoT.
Amendment 155 #
2021/0045(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Implementing Regulation (EU) 2016/2286 shall continue to apply until the entry into force of a new implementing act adopted pursuant to paragraph 1. Providers shall gradually phase out the general application of fair use policy, which can only be applied when anomalous or abusive use of wholesale roaming access, permanent roaming or justified fraudulent practices are observed.
Amendment 158 #
2021/0045(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) the quality of service that can reasonably be expected when roaming in the Union. Quality of service shall be recognized as an important element for consumers, and where appropriate for operators, consumers shall be offered available information on relevant factors that can affect the quality of service when using applications and services especially if they are primarily subject to certain QoS limitations. As an addition and where available, operators could provide consumers with links to reliable local sources related to the current weather conditions, traffic information and potential general/public health threads and restrictions.
Amendment 179 #
2021/0045(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Roaming providers shall, except when the roaming customer has notified the roaming provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when the roaming customer enters a Member State other than that of his domestic provider, with information on the potential risk of increased charges due to the use of value added services including a link to a dedicated webpage hosted by BEREC providing information about the types of services that may be subject to increased costs and, if available, information on value added services number ranges.
Amendment 196 #
2021/0045(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
An automatic message from the roaming provider shall inform the roaming customer that the latter may access emergency services free of charge by calling the single European emergency number ‘112’ and by alternative means of access to emergency services through emergency communications mandated in the visited Member State. The information shall be delivered to the roaming customer’s mobile device by an SMS message, every time the roaming customer enters a Member State other than that of his domestic provider. The SMS shall contain a link to a dedicated webpage serving as a central information point where BEREC would provide regularly updated database. It shall be provided free of charge at the moment the roaming customer initiates a roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 210 #
2021/0045(COD)
Proposal for a regulation
Article 21 – paragraph new1 – introductory part
Article 21 – paragraph new1 – introductory part
new1. The Commission shall , after consulting BEREC, submit twobiennial reports to the European Parliament and to the Council. Where necessary, after submitting each report, the Commission shall adopsubmit a delegated act pursuant to Article 22 amending the maximum wholesale charges for regulated roaming services laid down inislative proposal to amend this Regulation. The first such report shall be submitted by 30 June 2025 and the second by 30 June 2029 .
Amendment 213 #
2021/0045(COD)
Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point a
Article 21 – paragraph new1 – subparagraph 1 – point a
(a) the availability and quality of services, including those which are an alternative to regulated retail voice, SMS and data roaming services, in particular in the light of technological developments and of the access to the different network technologies and generations ; in particular the access to next generation connectivity and modern technologies;
Amendment 218 #
2021/0045(COD)
(b) the degree of competition in both the retail and wholesale roaming markets, in particular the actual wholesale rates paid by the operators and the competitive situation of small, independent or newly started operators, and MVNOs and providers of pan-European Internet of Things, including the competition effects of commercial agreements, of traffic traded on trading platforms and similar instruments and the degree of interconnection between operators;
Amendment 219 #
2021/0045(COD)
Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point c
Article 21 – paragraph new1 – subparagraph 1 – point c
(c) the evolution of roaming for the machine-to- machine roamingand Internet of Things services ;
Amendment 232 #
2021/0045(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. In order to assess competitive developments in the Union-wide roaming markets, BEREC shall collect data regularly from national regulatory authorities on developments in retail and wholesale charges for regulated voice, SMS and data roaming services, including wholesale charges applied for balanced and unbalanced roaming traffic respectively , on the use of trading platforms and similar instruments, on the development of machine-to-machine roaming and Internet of Things, and on the extent to which wholesale roaming agreements cover quality of service and give access to different network technologies and generations. BEREC shall also collect data regularly from national regulatory authorities on the application of fair use policy by operators, the developments of domestic-only tariffs, the application of the sustainability mechanisms and complaints on roaming. When consulted pursuant to paragraph 1, BEREC shall collect and provide additional information on transparency, the application of measures on emergency communication and on value added services .
Amendment 235 #
2021/0045(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Those data shall be notified to the Commission at least ontwice a year. The Commission shall make them public.
Amendment 498 #
2020/2273(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the Commission to ensure that the sensitivity of species and habitats to different human pressures in all sea areas are accounted on national marine spatial plans;
Amendment 730 #
2020/2273(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Expresses its concern that the majority of the ranges of terrestrial and marine species will decrease significantly in a 1.5 to 2°C scenario; highlights, therefore, the need to prioritise nature- based solutions in meeting climate mitigation goals and in adaptation strategies and to increase the protection of natural carbon sinks in the EU;
Amendment 738 #
2020/2273(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Highlights the importance of conserving “Blue Carbon” and carbon rich ocean habitats because of their role in sequestering carbon dioxide, and the importance of improving adaptation through protecting the coast from erosion, and building the resilience of marine life and fisheries to climate change;
Amendment 741 #
2020/2273(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Recalls that the United Nations Decade of Ocean Science for Sustainable Development starts in 2021, and calls on the Commission to take a leading role by investing in new scientific research that quantifies the value of fish populations and marine life in the ocean carbon cycle until 2030;
Amendment 743 #
2020/2273(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Calls on the Commission to recognise restoring and maintaining sustainable fisheries as climate action.
Amendment 21 #
2020/2255(INL)
Motion for a resolution
Citation 44 a (new)
Citation 44 a (new)
— having regards to the Africa Migration report of 2019 by the International Organisation for Migration
Amendment 22 #
2020/2255(INL)
Motion for a resolution
Citation 44 b (new)
Citation 44 b (new)
— having regards to Horizontal substitute impact assessment on the European Commission’s New Pact on Migration and Asylum of August 2021 by the European Parliamentary Research Service.
Amendment 23 #
2020/2255(INL)
Motion for a resolution
Citation 47 a (new)
Citation 47 a (new)
— Whereas a number of Member States have launched new “Digital Nomad Visas” which aim at facilitating the residence of remote workers or remote self-employed persons;
Amendment 24 #
2020/2255(INL)
Motion for a resolution
Citation 47 a (new)
Citation 47 a (new)
— Whereas 23 million non-EU nationals were legally resident in EU Member States in 2020, some 5, 1% of the EU total population,
Amendment 25 #
2020/2255(INL)
Motion for a resolution
Citation 47 b (new)
Citation 47 b (new)
— Whereas there are currently around 3.1 million EU long-term resident permits; Whereas 7.1 million long-term residence permits were issued under Member States’ national legislation,
Amendment 26 #
2020/2255(INL)
Motion for a resolution
Citation 47 b (new)
Citation 47 b (new)
— Whereas Covid19 has transformed the way the world works and in lieu has created a situation for many European workers and self-employed persons to work remotely;
Amendment 27 #
2020/2255(INL)
Motion for a resolution
Citation 47 c (new)
Citation 47 c (new)
Amendment 28 #
2020/2255(INL)
Motion for a resolution
Citation 47 c (new)
Citation 47 c (new)
— whereas the low issuance rate of long-term resident permits indicates a need to improve its attractiveness, which could be achieved by a revision of the directive clarifying the advantages of holding an EU long-term residence permit and approximating national legislative schemes,
Amendment 29 #
2020/2255(INL)
Motion for a resolution
Citation 47 d (new)
Citation 47 d (new)
— Whereas Article 79(1)of the Treaty on the Functioning of the European Union states that “The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings”,
Amendment 30 #
2020/2255(INL)
Motion for a resolution
Citation 47 e (new)
Citation 47 e (new)
— Whereas the main findings of the Commission’s fitness check on legal migration highlighted effective legal migration policies being key in the management of migratory flows,
Amendment 31 #
2020/2255(INL)
Motion for a resolution
Citation 47 f (new)
Citation 47 f (new)
— Whereas the same fitness check clearly stated that the current EU rules on legal migration has had limited impact in relation to attracting the skills and talents needed for the EU labour market and economy, as well as pointing out that the current legal framework is “fragmented and presents a number of gaps, as well as implementation problems”,
Amendment 32 #
2020/2255(INL)
Motion for a resolution
Citation 47 g (new)
Citation 47 g (new)
— Whereas according to the European Commission Report on the Impact of Demographic Change from 2020, the median age of the EU27 is at 44 years today, has been increasing for several years and will continue to do so for at least the coming two decades,
Amendment 33 #
2020/2255(INL)
Motion for a resolution
Citation 47 h (new)
Citation 47 h (new)
— Whereas this implies that long- term, the EU will face a growing share of the population consisting of citizens being 65+ years old in the coming decades, while the share representing the working age population is projected to decrease during the same time period,
Amendment 34 #
2020/2255(INL)
Motion for a resolution
Citation 47 i (new)
Citation 47 i (new)
— Whereas the mismatch of skills on the EU Member States’ labour markets’ has proven very costly for the European Union, causing its economy to lose over 2% of productivity per year according to a study from the European Economic and Social Committee from 2018; whereas the same report states that the mismatch occurs on all skill levels -ranging from cooks and truck drivers to medical doctors and teachers; Whereas this report asserts that the current legislative schemes are insufficient in ensuring that the European Union remains economically competitive in both short-, medium and long-term, as well as meeting the demands of the Member States’ labour markets,
Amendment 35 #
2020/2255(INL)
Motion for a resolution
Citation 47 j (new)
Citation 47 j (new)
— Whereas the creation of additional legal pathways on an EU level could help to provide EU Member States with a tool to properly face these demographic challenges, as well as meeting demands of the labour markets that cannot be met by the domestic workforce and enhance the matching of skills on the labour markets,
Amendment 36 #
2020/2255(INL)
Motion for a resolution
Citation 47 k (new)
Citation 47 k (new)
— Whereas according to a publication from the Commission on 24 April 2020, an average of 13 % of keyworkers for societies are immigrants in the EU; whereas this shows that they played a crucial role in the EU's ability to handle the COVID-19 pandemic,
Amendment 37 #
2020/2255(INL)
Motion for a resolution
Citation 47 l (new)
Citation 47 l (new)
— Whereas Commissioner Ylva Johansson stated on the occasion of the launch event of the talent partnerships on June 11th 2021 that the Commission’s strategic objective is to replace irregular migration with legal pathways,
Amendment 38 #
2020/2255(INL)
Motion for a resolution
Citation 47 m (new)
Citation 47 m (new)
— Whereas the EU is one of the main investors in developing human capital in neighbouring countries,
Amendment 39 #
2020/2255(INL)
Motion for a resolution
Citation 47 n (new)
Citation 47 n (new)
— Whereas the renewed European Partnership for Integration with social and economic partners looks into expanding the future cooperation to the area of labour migration,
Amendment 40 #
2020/2255(INL)
Motion for a resolution
Citation 47 o (new)
Citation 47 o (new)
— Whereas an adequate implementation of the existing legislation on labour migration is equally important to proposing new legislation,
Amendment 41 #
2020/2255(INL)
Motion for a resolution
Citation 47 p (new)
Citation 47 p (new)
— Whereas several EU Member States have already entered into successful partnerships with third countries to create a legal pathway for labour migration, as well as matching labour market demands on a smaller scale through pilot projects; Whereas talent partnerships should build upon positive lessons learned from these projects,
Amendment 42 #
2020/2255(INL)
Motion for a resolution
Citation 47 q (new)
Citation 47 q (new)
— Whereas the partnership frameworks between EU Member States and third countries can serve as a crucial tool in the acceleration of the mutual recognition of skills and qualifications of legal labour migrants,
Amendment 43 #
2020/2255(INL)
Motion for a resolution
Citation 47 r (new)
Citation 47 r (new)
— Whereas the Single Permit Directive, adopted in 2011, has the facilitation of application procedures for a combined work and residence permit and equal treatment as its two main objectives; whereas the evaluation of the Directive under the Fitness Check on legal migration and its implementation report identified a number of shortcomings with regard to the achievement of those objectives; whereas to address those shortcomings, the 2020 Commission Pact on Migration and Asylum announced a number of new initiatives, including a revision of the Single permit Directive,
Amendment 44 #
2020/2255(INL)
Motion for a resolution
Citation 47 s (new)
Citation 47 s (new)
— Whereas Directive 2009/52/EC of the European Parliament and of the Council provides sanctions and measures that can be used against employers exploiting illegally staying third country nationals who are working; whereas third country nationals who have entered the EU legally can also be exploited and should benefit from the same level of protection,
Amendment 45 #
2020/2255(INL)
Motion for a resolution
Citation 47 t (new)
Citation 47 t (new)
— Whereas the direct link between a legally staying third country national’s right of residence and his or her employer exposes them to potential labour exploitation; whereas there has been calls to phase out these permits and instead to allow legally staying third country nationals to change employers without losing their work permits,
Amendment 46 #
2020/2255(INL)
— Whereas the European Labour Authority has strengthened its cross- border operational capacity to support and strengthen national labour inspectorates and authorities, as well as social partners, in order to promote fair labour mobility and tackle cross-border fraud and abuse,
Amendment 47 #
2020/2255(INL)
Motion for a resolution
Citation 47 v (new)
Citation 47 v (new)
— Whereas visa measures can act as a positive incentive in the engagement with third countries; whereas the EU has recently revised the Visa Code and made additional efforts on visa facilitation with third countries as part of a comprehensive approach to migration policy outlined in the New Pact on Migration and Asylum,
Amendment 48 #
2020/2255(INL)
Motion for a resolution
Citation 47 w (new)
Citation 47 w (new)
Amendment 59 #
2020/2255(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that labour shortages currently exist in Europe for highly skilled and lower-skilled employees; notes moreover that demographic trends show that the share of people aged 65 years or over is projected to be around one third of the EU´s population by 2050, exacerbating further existing structural needs in the EU's labour market
Amendment 62 #
2020/2255(INL)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Is concerned that high barriers for legal migration are diminishing the attractiveness of Europe at the global level for workers of all skill levels, thus making the EU less competitive in face of forecasted structural needs in the EU's labour market; notes in this regard that according to the IOM, 80 % of Africans currently thinking about migration have no interest in leaving the continent;
Amendment 63 #
2020/2255(INL)
1 c. Underlines that facilitating legal migration entails considerable European added value; warns that the failure to tackle supply-side issues, including the failure to promote the recognition of professional qualifications of third country nationals, the limited alignment of rights of third country nationals compared with EU nationals and the limited enforcement of third country nationals worker´s rights could be costing the EU up to €74.0 billion per year, while the failure to address demand-side issues, such as facilitating access to regular work for third country nationals already present in the EU, and to introduce new legal channels for migrants to enter the EU could generate €37.6 billion per year;
Amendment 69 #
2020/2255(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Requests that the Commission submit, by 31 January 2022, on the basis of Article 79(2), in particular points (a) and (b), of the Treaty on the Functioning of the European Union, a proposal for an act that would serve as a package of proposals to facilitate, harmonise and promote entry into and mobility within the Union for legally migrating third-country nationals applying for work andby aligning provisions across the existing legal migration directives to reduce bureaucracy and, promote equal treatment and prevent labour exploitation, following the recommendations set out in the Annex hereto;
Amendment 71 #
2020/2255(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Requests that the Commission submit, by 31 January 2022, on the basis of Article 79(2), in particular points (a) and (b), of the Treaty on the Functioning of the European Union, a proposal for an act that would serve as a package of proposals to facilitate and promote entry into and mobility within the Union for legally migrating third-country nationals applying for work and to reduce bureaucracy, enhance harmonisation and promote equal treatment, following the recommendations set out in the Annex hereto;
Amendment 79 #
2020/2255(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the creation of a Union-wide talent pool for third-country nationals who wish to apply for work with a view to migrating legally to a Member State, as well as for employers to search for potential employees in third countries, would be an essential tool for achieving the purpose of the proposed act and calls on the Commission to include the creation of such a talent pool in its proposal and create a framework for the validation and recognition of skills and qualifications, based on objective and uniform criteria;
Amendment 82 #
2020/2255(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the creation of a Union-wide talent pool for third-country nationals who wish to apply for work with a view to migrating legally toin a Member State, as well as for employers to search for potential employees in third countries, would be an essential tool for achieving the purpose of the proposed act and calls on the Commission to include the creation of such a talent pool in its proposal;
Amendment 87 #
2020/2255(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Commission’s statement in its communication of 23 September 2020 on a New Pact on Migration and Asylum regarding the enhancement of short-term mobility as a complement to legal pathways, especially for the purposes of research or study in order to improve upstream cooperation with third countries, for example to stem irregular migratory flows, and asks the Commission to explore this direction further;
Amendment 90 #
2020/2255(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Commission’s statement in its communication of 23 September 2020 on a New Pact on Migration and Asylum regarding the enhancement of short-term mobility as a complement to legal pathways, especially for the purposes of research or study in order to improve upstream cooperation with third countries, for example to stem irregular migratory flows, and asks the Commission to explore this direction further;
Amendment 92 #
2020/2255(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Believes that supporting skill mobility partnerships and a skilled refugees’ mobility scheme will reduce the loss of lives at sea and will provide safe avenues for asylum seekers;
Amendment 98 #
2020/2255(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes Directive (EU) 2021/...15 , but considers it insufficient due to the fact that the labour markets of the Union are also in need of low- and medium-skilled workers; calls, therefore, on the Commission to include in its proposal an admission scheme for low- and medium- skilled third-country workers, including the creation of a framework for the validation and recognition of their skills and qualifications, based on objective and uniform criteria; _________________ 15EUT number of 2016/0176 COD to be inserted.;
Amendment 106 #
2020/2255(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Union is in need of more self-employed people and entrepreneurs in order to remain competneeds to boost its culture of entrepreneurship to remain relevant and competitive in the global market, increasing the economy’s agility, robustness, stability, and growth while creating new economic activity and employment opportunitives; calls on the Commission to include in its proposal an admission scheme for entry and residence of self- employed people and entrepreneurs, in particular those whorking to establish small and medium- sized enterprises and start-ups, based on objective and uniform criteria;
Amendment 110 #
2020/2255(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recognises that the increased emergence of gig work over the past years has however resulted in the major exploitation of workers who are often forced to declare themselves as self- employed persons rather than employees of a business and that this is not only detrimental to the rights of workers themselves but in consequence devalues the notion of “self-employed persons”; welcomes the Commission’s intention to present a proposal for a legislative initiative to improve the working conditions of platform workers by the end of 2021, as announced in the European Pillar of Social Rights Action Plan and preceded by a two-stage consultation of the social partners; Emphasises that any proposal in this regard must seek to combat the exploitation of platform and gig workers as consequences of the misclassification of platform workers as self-employed persons;
Amendment 111 #
2020/2255(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Points out that third-country freelance workers, such as artists, performers and cultural professionals, face increasing barriers to obtain visas to tour and work across the EU; calls on the Commission to facilitate intermittent work in Europe from third-country cultural organisations or self-employed; calls on the Commission to take legislative initiative for highly mobile third-country nationals, such as artists, to ensure complementary between visa and labour policy, simplify procedures and establish an EU-wide authorisation for this specific target group; and to foster harmonisation of service providers’ and self-employed admission and rights;
Amendment 112 #
2020/2255(INL)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Encourages the European Commission to evaluate different schemes across the European Union which cater to remote workers, such as so called “nomad visa schemes” and youth mobility schemes in order to attract more diverse talent to the European Union;
Amendment 124 #
2020/2255(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the objectives of Directive 2011/98/EU is to simplify and harmonise the rules concerning permits currently applicable in the Member States, while also promoting equal treatment; further notes that this objective has not been fully achieved, with some of the provisions being implemented in different ways across the Union; requests the Commission to take the necessary steps to ensure that theall Member States implement thate Directive fully; furthermore considers that thate Directive should be amended to allow applications for a single permit to be lodged either from within both a Member State andor from a third country, and, that in order to reach a broader category of workers, the scope and the application of the Directive should be expanded; calls on the Commission to further simplify and harmonise the rules, to clearlyas well as to regulate the procedure for obtaining an entry visa so as to, thus avoiding applicants having to submit the documents needed to obtain a single permit twice, and to reduce dependency of workers from risks of exploitation; calls on the Commission to include such amendments in its proposal;
Amendment 125 #
2020/2255(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the objective of Directive 2011/98/EU to simplify and harmonise the rules concerning permits currently applicable in the Member States has not been fully achieved with some of the provisions being implemented in different ways across Union; requests the Commission to take the necessary steps to ensure that the Member States implement that Directive fully; further considers that that Directive should be amended to allow applications for a single permit to be lodged from within both a Member State and a third country, and, that in order to reach a broader category of workers, the scope and the application of the Directive should be expanded; in order to further simplify and harmonise the rules, calls on the Commission to clearly regulate the procedure for obtaining an entry visa so as to avoid applicants having to submit the documents needed to obtain a single permit twice, and calls on the Commission to include such amendments in its proposal;
Amendment 133 #
2020/2255(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Requests that the Commission includes in its proposal the establishment of a transnational advisory service network, to be managed by the Commission, for legally migrating third- country workers, with each Member State designating a lead authority to process applications and to coordinate the advice and information provided to third-country nationals applying for work in the Union; insists that the lead authorities should be responsible for the sharing of information among Member States on third-country workerlabour migration rules and should act as contact points for the talent pool; asks that the lead authorities be responsible also for close coordination with one another with regard to applications lodged for a single permit to reside and work in accordance with Directive 2011/98/EU in order to avoid double submissions;
Amendment 135 #
2020/2255(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Encourages Member States to adopt a naming and shaming approach to enterprises which exploit third country nationals for human capital;
Amendment 147 #
2020/2255(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Highlights the fact that the intra- EU mobility of third-country nationals is a key component of the EU’s legal migration policy, as it provides clear added value that cannot be achieved at Member-State level; therefore calls on the Commission to propose appropriate legislative action enhancing the right to intra-EU mobility across the existing legal migration directives;
Amendment 149 #
2020/2255(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to improve the regulation on private agencies involved in international recruitment;
Amendment 164 #
2020/2255(INL)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Acknowledges that most Member States have national schemes to attract labour migrants; however believes that, in the medium term, the EU must move away from a sectoral approach and adopt an immigration code setting out broad rules governing entry and residence for all third-country nationals seeking employment in the Union and harmonising the rights enjoyed by such third-country nationals and their families;
Amendment 165 #
2020/2255(INL)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the European Commission to issue new proposals on the employment of asylum seekers while awaiting a decision on their asylum claim, thus reducing the negative impacts of forced inactivity until the finalisation of their asylum procedure;
Amendment 166 #
2020/2255(INL)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Encourages the European Commission to conduct a study on the issue of third country nationals turnover rates within the European Union, in order to better understand the reasons behind departure from a Member State within the first three years of arrival, resulting in a high cost base for employers, diminishing competitiveness and increasing the cost of living;
Amendment 167 #
2020/2255(INL)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Encourages the European Commission to conduct a study on the impact of increased economic migration into the Union on the housing market, with the aim of creating a set of recommendations that ensure the housing market is not disproportionately affected and remains affordable to all;
Amendment 171 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 1 – title
Annex I – Recommendation 1 – title
Recommendation 1 (on the establishment of a Union-wide talent pool for legally migrating third-country nationals)
Amendment 176 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 1 – indent 1
Annex I – Recommendation 1 – indent 1
- The European Parliament considers that the legislative act to be adopted should establish a Union-wide talent pool for third-country nationals who wish to apply for work in and migrate legally to a Member State, as well as for Union-based employers to search in third countries for potential employees, and should facilitate the admission and free movement of third- country workers. The European Parliament considers that such a Union-wide talent pool should establish synergies with the existing framework and the legislative act should therefore amend Regulation (EU) 2016/589 in order to expand the current scope of the EURES Portal, established by that Regulation;
Amendment 187 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 2 – indent 1
Annex I – Recommendation 2 – indent 1
- It is a pressing need for the Union to improve its attractiveness for all skilledallow the admission of third- country workers, not only for highly-across all skilled workerlevels. With the revision of the Directive (EU) [EU BLUE CARD], the Union has taken further steps to achieve that goal for highly-skilled third- country workers. However, it is imperative to achieve that goal for third- country workers in jobs considered to be low- and medium- skilled third-country workers in order to fill vacancies and improve matching on the Member States’ labour markets, further enhancing the Union’s economic competitiveness.
Amendment 192 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 2 – indent 2
Annex I – Recommendation 2 – indent 2
- To properly address that issue, the European Parliament calls on the Commission to, within the legislative act to be adopted, include provisions setting up an admission scheme with conditions of entry and residence for low- and medium- skilled third-country workers. The scheme should ensure equal treatment in coherence with the existing EU acquis on labour migration, and include the creation of a framework within which third-country workers are able to have their skills and qualifications properly recognised and validated for use on the Member States’ labour markets.
Amendment 196 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 3 – indent 1
Annex I – Recommendation 3 – indent 1
- Traditionally, a work permits has only been issuedare issued in the place where the third- country national already has an employment contract or a firmn offer of employment. However, the European Parliament is of the view that the basis for issuing work permits could be improved and developed further. Along the same lines, the Commission has stated that its objective is to encourage more people to become entrepreneurs, thereby improving Europe’s economic performance1 . Third- country nationals working as entrepreneurs or as self-employed people might experience that the environment in their country of origin is not conducive for their start-up or for their efforts as entrepreneurs. Through a Union-wide admittance scheme such third-country nationals could be giMember state regulations regarding self-employment and entrepreneurship of third-country nationals vary across the Union. EU levenl an opportunity to migrate legally to the Union and establish themselves andction should promote a favourable environment for entrepreneurship of their businessed-country nationals. _________________ 1 https://ec.europa.eu/growth/smes/sme- strategy/start-up-procedures_en
Amendment 200 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 3 – indent 2 a (new)
Annex I – Recommendation 3 – indent 2 a (new)
- - However in order to respect the growing spirit of entrepreneurship which the union must foster, it is imperative that the European Commission takes a firm stand to make a distinction between entrepreneurship, self-employed persons and persons who are engaged in gig work and are forced and exploited by their employers to declare themselves as self- employed persons, which results in a deprivation of workers access to employment rights, social protections, entitlements and the application of relevant rules.
Amendment 210 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 5 – title
Annex I – Recommendation 5 – title
Recommendation 5 (on the simplification and improvement of Directive 2011/98/EU)
Amendment 214 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 5 – indent 1
Annex I – Recommendation 5 – indent 1
- The European Parliament is of the view that procedures with respect to Directive 2011/98/EU should be further harmonised for that Directive to be fully efficient, therefore considers that the legislative act to be adopted should amend that Directive in order to allow applications for a single permit to be lodged botheither from within the territory of a Member State and from a third country, while engaging both the Member States and the third countries in a system that shares information on, and coordinates with respect to, the applications lodgedor from a third country. The European Parliament moreover calls for, inter alia, the clear regulation and streamlining of the procedure for applying for an entry visa in order to avoid applicants having to submit the documents needed twice to obtaining a single permit twice, and also requests the Commission to propose changes that would a single permit. Furthermore, requests the Commission to propose changes that would alleviate the difficulties facing third- country nationals holding work permits, when changing employment. This creates an environment where the permit holder is forced to become dependent on the employer. The Commission should therefore analyse the efficiency of permit procedures and reduce unnecessary administrative requirements which obstacles for potential employees, and employers. Requests the Commission to propose changes that would address the lack of implementation of equal treatment provisions in the Directive and persistent labour exploitation, in particular to alleviate the difficulties facing third- country nationals holding worksingle permits when changing or losing employment, thus making the permit holder too dependent on the employer. An effective workplace monitoring and complaints’ mechanisms to protect all migrant workers’ labour rights, which should in particular guarantee effective access to justice and redress and protect workers from retaliation, must be ensured.
Amendment 220 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 6 – title
Annex I – Recommendation 6 – title
Recommendation 6 (on the establishment of a Union-wide transnational advisory service network for legally migrating workers)
Amendment 225 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 6 – indent 1
Annex I – Recommendation 6 – indent 1
- The European Parliament is of the view that systematic cooperation between and engagement with the authorities of Member States and of third countries is required to enhance legal pathways for labour migration. To achieve that goal, the European Parliament considers that the legislative act to be adopted should establish a transnational advisory service network, managed by the Commission, for third-country workers, with each Member State designating a lead authority to coordinate the advice and information provided to legally migrating third-country nationals applying for work in the Union. The authorities in each Member State should also be responsible for closely coordinating with one another with regard to applications lodged for a single permit to reside and work in the Union in accordance with Directive 2011/98/EU in order to avoid double submissions. That network should also take into account national specificities and different demands of national labour markets.
Amendment 228 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 6 – indent 2
Annex I – Recommendation 6 – indent 2
- In addition, each Member State should be responsible for requesting from employersuse information on third-country workers, in full respect of Union data protection law, in order to enable third- country nationals to be connected with the relevant authorities and support services, in order to facilitate the protection and strengthening of the equal rights and treatment of third-country workers. This transnational advisory service network should facilitate the running of the talent pool, as outlined in Recommendation 1.
Amendment 232 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 7 – indent 1
Annex I – Recommendation 7 – indent 1
- Promoting professional mobility for legally residing third-country nationals working in a Member State also means protecting them from exploitation. Numerous third-country nationals, in particular low-skilled third- country nationals, hesitate to leave an exploitative employer because it would mean that they would lose their work permit and right to stay in the Union. Holders of a work permit issued under the Directive 2014/36/EU are, in particular, prone to exploitation, seeing how they often tend to work within sectors mainly employing low-skilled workers.
Amendment 235 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 7 – indent 2
Annex I – Recommendation 7 – indent 2
- Therefore, the European Parliament considers that the legislative act to be adopted should amend Directive 2014/36/EU to allow holders of work permits under that Directive a period of three months to seek new employment after having left their previous employer without having their permit revoked. The European Parliament recommends that the Commission, at the same time, considers other appropriate amendments to that Directive in order to bring it up to date and in line with other more recent Union legal acts dealing with legal migration and further address persistent labour exploitation of seasonal workers.
Amendment 6 #
2020/2201(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas people between 0 and 25 years old represent one third of Europeans; whereas their voice is exceptionally important and the future of Europe is theirs;
Amendment 9 #
2020/2201(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas Articles 12 until 17 of the UNCRC include the civil and political rights of children and form important components of ensuring that children will be able to participate effectively in public decision-making processes;
Amendment 11 #
2020/2201(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas Article 24 of the EU Charter of Fundamental Rights prescribes that children may express their views freely and that such views shall be taken into consideration on matters which concern them in accordance with their age and maturity;
Amendment 14 #
2020/2201(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
A d. whereas the 2019 elections to the European Parliament showed that there is still progress to be made to increase participation of people with a racial or ethnic minority background in European elections and their representation as elected members and staff of the European parliament;
Amendment 17 #
2020/2201(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
A e. whereas political rights – including the acquisition of citizenship – are a major driver for migrant inclusion.1a _________________ 1aFundamental Rights Agency, Together in the EU - Promoting the participation of migrants and their descendants, 2017.
Amendment 18 #
2020/2201(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
A f. whereas the EU recognised the need to support initiatives that seek to remove institutional and structural barriers to equality, inclusion and participation of underrepresented and disadvantaged groups in society, including by promoting their role and contribution in society and demystifying the legacy of colonialism2a; _________________ 2a Some of the recognised reasons are lack of political will to facilitate and include underrepresented voters, systemic and institutionalised discrimination and polarisation, socio-economic challenges as a preliminary obstacle to political participation and insufficient financial support. https://ec.europa.eu/info/sites/info/files/eu -citzen_-_type_a_report_-_infographics_- _a4_full.pdf
Amendment 19 #
2020/2201(INI)
Draft opinion
Recital A g (new)
Recital A g (new)
A g. whereas the EU highlighted the specific challenges faced by racialised communities, including migrants and refugees, with the COVID-19 crisis, notably that the risk of rising racism and xenophobia may represent additional obstacles tot heir participation in the labour market and in society at large3a; _________________ 3a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A Union of equality : EU anti- racism action plan 2020-2025.
Amendment 35 #
2020/2201(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need for supportive measures aimed at increasing civic literacy and building civic capacity to encourage citizens’ understanding of the policymaking process and to promote civic engagement in the actions of the Union; considers to that end that stronger action by Member States and the Commission in fostering EU citizenship education is necessary; calls on the Commission to provide support to complement educational programmes and training in all Member States, notably by supporting the development of a common curriculum on European citizenship education; invites the Commission and the Member States to develop a comprehensive European strategy on civic and citizenship education accompanied by supporting platforms to promote its implementation;
Amendment 39 #
2020/2201(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that citizens’ trust in the EU institutions is fundamental for democracy, good governance and effective policy-making, believes that the EU institutions must strive for the highest possible standards of transparency, accountability and integrity; calls in particular on the Council to increase transparency as regards to its decision making process and access to documentation;
Amendment 42 #
2020/2201(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Encourages EU Member States to include children’s rights and the functioning of the EU as part of national curricula and promote engagement by young people in EU decision-making processes;
Amendment 44 #
2020/2201(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the inclusion in the Rights and Values Programme of a citizens’ engagement and participation strand designed to promote citizens’ engagement and participation in the democratic life of the Union; stresses the importance of ensuring continuity and increased resources for this strand; calls for the swift establishment of the ‘Civil Dialogue Group’, included in said programme;
Amendment 52 #
2020/2201(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. RegreHighlights the limited political and legal follow-up given by the Commission to successfulportance of established channels for citizens’ participation, such as the European citizens’ initiative; considers that this important tool lacks visibility, accessibility and follow-up; encourages the Commission and Member States to raise awareness on such tool; believes that the European Citizens’s Initiatives; strongly regrets the Commission’s dismissal of the Minority SafePack should be evaluated with a view to identify how its impact and effectiveness can be improved; point out that a successful European Citizens’s Initiative, which addresses basic values and objectives enshrined in the Tre should not automatically lead to the introduction of new legislatieson;
Amendment 66 #
2020/2201(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Highlights the importance of Equality Bodies, National Human Rights institutions and Ombudspersons to address concerns of citizen’s on issues covered by EU competences or violations of EU rights and values; stresses that the independence of such structures from governing authorities is a prerequisite to enable and protect meaningful citizen’s engagement; calls therefore for the Commission to closely monitor this area in forthcoming Rule of Law reports;
Amendment 70 #
2020/2201(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to develop accessible, innovative and inclusive tools for citizens’ participation and dialogues, and to offer them a non-bureaucratic and comprehensive website or other medium, easily accessible to everyone and providing citizens with all European participatory initiatives; underlines that social media plays a crucial role, especially for children, as it is currently, even more than ever, their common place;
Amendment 72 #
2020/2201(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to develop innovative and inclusive tools for citizens’ participation and dialogues; recalls that such tools should be adapted to ensure full access for people with disabilities and different age groups;
Amendment 74 #
2020/2201(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Believes that participation could be enhanced by ensuring predictable, flexible, adapted and multilingual process and tools of consultation; considers important to foster participation of people belonging to minorities in all public consultations in order to share their experiences and be able to promote further diversity in all policies;
Amendment 75 #
2020/2201(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the EU Institutions and Member States to ensure participation by a diverse range of people and to introduce necessary measures to reduce discrimination or exclusion on the basis of gender, ethnicity, race, social status, sexual orientation, religion or disability;
Amendment 81 #
2020/2201(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the European Commission and the Member States to proactively address the under- representation of racial and ethnic minorities in public institutions and political and policy processes, including by supporting their capacity-building and empowerment, and by enhancing their representation in decision-making positions at national and European level;
Amendment 83 #
2020/2201(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Supports the establishment of a permanent structured dialogue with citizens to ensure that their views directly inform EU decision-making and public policy as proposed in December 2018 by the Committee of the Regions and the European Economic and Social Committee;
Amendment 85 #
2020/2201(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on the European Commission to work with European political parties, the European Cooperation Network on Elections and civil society to improve political participation; calls on the Commission to commit to this work under the European democracy action plan and the Commission’s forthcoming report on EU citizenship;
Amendment 88 #
2020/2201(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Calls for the EU to support studies on increasing participation of minorities in public and political life;
Amendment 91 #
2020/2201(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States and the Commission to encourage the active participation of EU citizens in EU matters, notably young people, in order to support their involvement in shaping society and politics; considers that the voices and demands of young Europeans should have special consideration during the Conference on the future of Europe; calls on the Commission to devote sufficient resources to promote a wide participation of young people through appropriate tools;
Amendment 95 #
2020/2201(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that EU Member States should expressly recognise the rights of children to engage in civic action, including the rights to assemble peacefully, to associate and to express themselves; notes that information required by children to exercise these rights should be provided in a form that is easily accessible and understandable and that any barrier to the exercise of these rights should be removed;
Amendment 96 #
2020/2201(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes that migrants and people in need of international protection should have the possibility to express their views, in particular, on asylum and migration policies; invites the Commission to proactively engage them in the design of such policies;
Amendment 101 #
2020/2201(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on the EU Institutions and Member States to enact laws which guarantee the rights of children to participate in all matters affecting them, including public decision-making processes; considers that law and policy should be specific and provide guidance on the format, structure, operation and evaluation of all child participatory mechanisms; stresses that sufficient financial and other resources must be made available to ensure sustainable and effective mechanisms are introduced and maintained;
Amendment 104 #
2020/2201(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Calls on the EU Institutions and Member States to facilitate direct contact between children and decision-makers and provide adequate training and support to adults engaging with children; notes that the benefits of child participation should be shared with the wider community in order to generate widespread acceptance of the practice and to transition societies to the systemic use of child participation mechanisms;
Amendment 107 #
2020/2201(INI)
8 d. Urges the EU Institutions and Member States to make provision for dedicated spaces for children to come together to participate indecision-making processes; underlines that children’s involvement should be voluntary and they should always be treated with respect; recalls that all processes should be fully transparent and clearly explained to all involved and that processes and spaces should be child-friendly, safe and sensitive to risk;
Amendment 109 #
2020/2201(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8 e. Commends child-specific consultations conducted by the European Commission and supports the set up of an EU Children’s Participation Platform in the future; welcomes the inclusion of young people in the Digital Platform and Citizens’ Panels of the Conference on the Future of Europe; urges the EU institutions to create structural ways to ensure similar engagement with children and young people in the future on a structural basis;
Amendment 111 #
2020/2201(INI)
8 f. Stresses that the EU Commission and Member States should include mechanisms for feedback, evaluation and monitoring in all official child participation mechanisms; considers that feedback should be provided directly to children in a timely manner and in a format that is easily accessible by children; advises that the evaluation of participation mechanisms should be undertaken by independent monitoring bodies and that recommendations made by such bodies and other international oversight committees should be accepted, considered and actioned where necessary;
Amendment 129 #
2020/0360(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore, the natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. However, not all Member States are connected to the European gas network and island Member States still face significant challenges in terms of security of supply and energy isolation. Infrastructure projects which were already included in the fourth or fifth Union list of projects of common interest established pursuant to Regulation(EU) No 347/2013 should be able to maintain this status and be eligible for the Union list of projects of common interest to be established under this Regulation if they contribute to ending energy isolation of those Member States that are currently not connected to the European gas network, provided that the new infrastructure is hydrogen-ready. _________________ 27 SWD(2020) 176 final
Amendment 227 #
2020/0360(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down guidelines for the timely development and interoperability of the priority corridors and areas of trans-European energy infrastructure set out in Annex I (‘energy infrastructure priority corridors and areas’) that contribute to the Union’s 2030 climate and energy targets and the climate neutrality objective by 2050, while ensuring the security of supply of all Member States.
Amendment 417 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f a (new)
Article 4 – paragraph 3 – point f a (new)
(f a) for natural gas infrastructure projects that were included in the fourth or fifth Union list established pursuant to Regulation (EU) No 347/2013 and falling under one of the energy infrastructure categories set out in Annex II to this Regulation, the project is to contribute to ending energy isolation of those Member States that are currently not connected to the European gas network. Furthermore, the project is to be hydrogen-ready and already under development or planning.
Amendment 878 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Any of the assets listed in points (a), (b), (c), and (d) may be newly constructed assets or assets converted from natural gas dedicated to hydrogen, or a combination of the two, including from new natural gas infrastructure projects which were already included in the fourth or fifth Union list of projects of common interest established pursuant to Regulation (EU) No 347/2013 if they contribute to ending energy isolation of those Member States that are currently not connected to the European gas network, provided that the new infrastructure is hydrogen-ready and already under development or planning.
Amendment 251 #
2020/0340(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics), while ensuring gender balance. The European Data Protection Board and the European Data Protection should be invited to appoint a representative to the European Data Innovation Board as well as representative of dataspace support center and standardisation organisations.
Amendment 256 #
2020/0340(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) The Commission must ensure that small and medium-sized entities, as well as start-ups, are adequately represented in the Board, to ensure that these critical members of our economic community benefit directly from expert knowledge, whilst contributing towards the expansion of the European data economy and a more efficient dissemination of data.
Amendment 543 #
2020/0340(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) to impose dissuasive financial penalties which may include periodic penalties with retroactive effect; these should be proportionate to the size of the provider and the severity of the breach.
Amendment 679 #
2020/0340(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
(2) Stakeholders and relevant third parties may, civil society organisations and relevant third parties, including SME representatives and social partners, shall be invited to attend meetings of the Board and to participate in its work, where relevant.
Amendment 682 #
2020/0340(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
(2 a) The Commission shall ensure a balanced composition of the invitations of stakeholders to participate in the work of the Board, accounting for gender as well as geographical diversity, and made up of members with diverse industrial backgrounds, with a well thought out selection process.
Amendment 269 #
2020/0321(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘shortage’ means that supply of a medicinal product for human use or a medical device does not meet demand, that is patient demand together with appropriate buffer stocks, for that medicinal product or medical device;
Amendment 187 #
2020/0279(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and in an integrated manner.
Amendment 201 #
2020/0279(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third- country nationals residing legallyand the respect of their human rights in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling. irregular migration, migrant smuggling and trafficking, through the development of legal pathways. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons, as well as persons granted immediate protection.
Amendment 212 #
2020/0279(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protection.
Amendment 258 #
2020/0279(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should alwayso be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable personsbinding solidarity contributions foreseen in Article 45 and, if under migratory pressure, on those provided for in Article 51 (3).
Amendment 266 #
2020/0279(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to effectively manage the Union's external border, an independent border monitoring mechanism should be set up in view of ensuring its compliance with the European Convention on Human Rights, the EU Charter of Fundamental Rights, as well as the EU and International law.
Amendment 268 #
2020/0279(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 279 #
2020/0279(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 295 #
2020/0279(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a binding solidarity mechanism should be established which is effective and ensures that applicants have swift acces, upon arrival and disembarkation, including following search and rescue activities and operations, should be established in order to ensure effective and swift access of applicants to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member Statetrue solidarity as enshrined in Article 80 of the TFEU, among Member States, with third countries, and towards those seeking asylum according to the procedure foreseen in Article 14 and 45 of this Regulation.
Amendment 322 #
2020/0279(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specificn effective processdure applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure.
Amendment 330 #
2020/0279(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimension.
Amendment 335 #
2020/0279(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In view of coordinating and optimising all relocation efforts, an EU Relocation Coordinator, to be appointed by the Commission, should assist and supervise the relocation coordination of applicants and beneficiaries found eligible for relocation. The EU Relocation Coordinator should endeavour to prioritise vulnerable persons, in particular unaccompanied minors in the relocation and transfers. The EU Relocation Coordinator should, in cooperation with the Commission and the Asylum Agency, also promote coherent working methods, for the verification of any meaningful links that the persons eligible for relocation might have with Member States of relocation.
Amendment 342 #
2020/0279(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, the Commission, and the EU Relocation Coordinator, with the assistance of Union Agencies, should facilitate the swift relocation and transfer of eligible applicants for international protection who are not in the border procedure. Under the , accoordination of the Commission, the European Union Asylum Agency and the European Border and Coast Guard Agency should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member Statesg to Article 14.
Amendment 358 #
2020/0279(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 365 #
2020/0279(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Where no meaningful links can be established, the share of solidarity contribution for each Member State shall follow the size of the population, the total GDP and its unemployment rate, according to the latest available Eurostat data.
Amendment 369 #
2020/0279(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 381 #
2020/0279(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) TheA specific solidarity mechanism should also address the situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed towhere one or more Member States, in particular, due to their geographical location and a constant level of arrivals, including after disembarkation and search and rescue activities and operations are under migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.
Amendment 392 #
2020/0279(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countriesvulnerabilities of asylum applicants and migrants, irregular border crossings, the capacity of a Member State in managing its asylum and reception caseload. The solidarity response should be designed on a case-by-case basis in order to be tailor- made to the needs of the Member State in question.
Amendment 404 #
2020/0279(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 410 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 424 #
2020/0279(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 436 #
2020/0279(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 454 #
2020/0279(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the contributions to be made by each Member State. Such contributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.
Amendment 460 #
2020/0279(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 465 #
2020/0279(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 477 #
2020/0279(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all respectings long as they respect human rights and the principle of non- refoulement, are considered as safe countries for third- country nationals.
Amendment 484 #
2020/0279(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection, namely meaningful links. _________________ 40As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.
Amendment 497 #
2020/0279(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developingand the principle of solidarity and fair sharing of responsibility as part of the common framework, in line with Article 80 of TFEU. To that end, athe new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. _________________ 41Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31.
Amendment 503 #
2020/0279(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 510 #
2020/0279(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 537 #
2020/0279(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background and should follow an independent evaluation of his or her best interest by the relevant child protection authorities. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.
Amendment 554 #
2020/0279(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibilty criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public order.
Amendment 569 #
2020/0279(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant, grandparent or grandparents of the applicant. Reuniting siblingsfamily is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EU.
Amendment 574 #
2020/0279(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorisedonwards movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered, unless it is demonstrated that this would notminor is present, unless it is assessed not to be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and. For unaccompanied minors, in particular, the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled, as well as prompt access for free legal assistance. When considering or implementing the transfer of a minor, Member States should promote and facilitate the continuity and stability of the support and assistance provided to a minor. Member states should promote and facilitate transnational cooperation between these actors, including sharing of information about the minor, with the informed consent of the minor. Any decision to transfer an unaccompanied minor should be preceded by an individual assessment of his or her best interests by staff with the necessary qualifications and expertise.
Amendment 600 #
2020/0279(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to include the situation when the person enters the territory following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or, until the responsibility of another Member state has been determined, for a person who has irregularly entered its territory by land, air and sea, including after disembarkation and following a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protections and activities.
Amendment 605 #
2020/0279(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 611 #
2020/0279(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements betweenthe Member State and the competent authorities of the Member Sstates, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obassisted by the Asylum Agency, shall ensure as soon as possible that the third country national or stateless person who intends to make an appligcations should lead to appropriate and propor to internationatel procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are coveredtection fully cooperates in matters covered by this Regulation, informing him or her of his or her rights and obligations.
Amendment 622 #
2020/0279(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or absconds to evade a transfer to the Member State responsible for more than 18 months should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorisedonwards movements and increase the overall efficiency of the CEAS.
Amendment 634 #
2020/0279(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.
Amendment 640 #
2020/0279(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 656 #
2020/0279(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Minors and unaccompanied minors shall never be detained. The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.
Amendment 745 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes a sustainable mechanism for solidarity as enshrined in Article 80 of the TFEU;
Amendment 766 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration], and individuals awaiting an appeal decision;
Amendment 780 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s or beneficiaries' family who are present on the territory of the Member States:
Amendment 784 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
Article 2 – paragraph 1 – point g – point i
(i) the spousepartner of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,beneficiary;
Amendment 791 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
(ii) the minor children of couplepartners referred to in the first indent or of the applicant, on condition that they are unmarriedr beneficiary, and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 797 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 801 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,
Amendment 810 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
(v) the sibling or siblings, and the grandparent or grandparents of the applicant or beneficiary;
Amendment 815 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle, or grandparentcousin who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 827 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary;
Amendment 831 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) “Meaningful links” means any of the following: the possession of a diploma or qualification, the lawful presence of relatives, being beneficiary of a sponsorship, strong linguistic and cultural ties, previous legal stays or residence;
Amendment 847 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria clearly defined by national law to believe that an applicant who is subject to a transfer procedure may absconlaw in the light of specific circumstances of the persons involved;
Amendment 853 #
2020/0279(COD)
(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or for, including following disembarkations following and search and rescue activities and operations as set out in Chapters I-III of Part IV of this Regulation;
Amendment 861 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
Amendment 869 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) ‘relocation’ means the transfer of a third-country national or a stateless person, or a beneficiary of international protection from the territory of a benefitting Member State to the territory of a contributing Member State;
Amendment 870 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) the EU Relocation Coordinator is the person appointed by the Commission and defined in Article 13a of this Regulation and Article 2 (f) of the Crisis Regulation
Amendment 874 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
(v) ‘search and rescue operations’ means operations of search and rescue activities as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979; , and operations as referred to in Article 10 of Regulation (EU) 656/20141a; _________________ 1aRegulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
Amendment 885 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation where there is a large numberone or more Member States face a constant, individual, level of arrivals of third- country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden ev, including due to disembarkation in the context of search and rescue operations, which would undermine the efficient functioning of procedures foreseen oin well-prepared asylum and reception systems and requires immediate actionArticle 14 and 45 of this Regulation for an individual Member State;
Amendment 892 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point z
Article 2 – paragraph 1 – point z
(z) ‘return decision’ means an administrative or judicial decision or act stating or declaring the stay of a third- country national to be illegalrregular and imposing or stating an obligation to return that respectspursuant to Directive 2008/115/EC of the European Parliament and of the Council54 ; _________________ 54 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
Amendment 894 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point aa
Article 2 – paragraph 1 – point aa
(aa) ‘illegalrregularly staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State.
Amendment 913 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 927 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 933 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 945 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective management of the Union’s external borders, based on the European integrated border managthrough the creation and development of an adequately resourced independent monitoring mechanism in line with Article 18 and 19 of the Charter of Fundamental Rights and the principle of non-refoulement;
Amendment 965 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity, as enshrined in Article 80 the TFEU;
Amendment 976 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 985 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 991 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 1023 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility, as enshrined in Article 80 of the TFEU, and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
Amendment 1047 #
2020/0279(COD)
(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smugglingto ensure genuine and effective access to means of legal entry in cooperation with relevant third countries;
Amendment 1053 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) inform the European Commission immediately by means of a formal letter when the Member State identifies serious shortcomings in its ability to ensure a national asylum and migration management system of appropriate standard due to migratory pressure following an influx of arrivals into an individual Member State in a short period
Amendment 1056 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) provide and invest in adequate reception conditions, including measures to protect those with special needs;
Amendment 1061 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III, Chapter I of Part IV;
Amendment 1071 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 1106 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Union agencies, including the Fundamental Rights Agency;
Amendment 1108 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
Amendment 1111 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d a (new)
Article 6 – paragraph 2 – point d a (new)
Amendment 1135 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall monitor and provide information on the migratory situation through regular situational reports based on good quality data and information provided by Member States, the External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the Fundamental Rights Agency and notably the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and its Network, and reports provided by the organizations in Article 6 (2) (da).
Amendment 1138 #
2020/0279(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Procedure in the event of migratory pressure 1. A Member State, which considers itself to be under excess migratory pressure due to an influx of arrivals into an individual Member State which renders its national migration and reception facilities inadequate, shall immediately notify the European Parliament, Council and Commission thereof. Within one week of the notification, the Commission shall initiate an assessment of the migratory situation within that individual Member State. Within two weeks of the notification, the Commission shall coordinate and facilitate necessary measures, in cooperation with the Member States and relevant Union bodies, offices and agencies to reduce the migratory pressure on the individual Member State. The Commission shall also hold consultations with the Member State on the solidarity contributions pursuant to Article 52(2). 2. The Commission shall also adopt a Solidarity Response Plan in consultation with the Member State in need, outlining measures taken at Union level, in accordance with Article 52.
Amendment 1140 #
2020/0279(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 1185 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in whichresponsible for examining the application for international protection was registered shall be responsible for examining itshall be determined in accordance with the procedure laid down in Article 45.
Amendment 1200 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Where a Member State cannot carry out the transfer pursuant to the first subparagraph to any Member State designated on the basis of the criteria set out in Chapter II of Part III or of the procedure laid down in Chapter I of Part IV, or to the first Member State with which the application was registered, that Member State shall become the Member State responsible.
Amendment 1204 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 1216 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Member State in which the applicant or a beneficiary of international protection is present shall, however, ensure that the designation of the Member State responsible does not worsen a situation where the fundamental rights of that applicant have been infringed by using a procedure for determining the Member State responsible which takes an unreasonable length of time. If necessary, that Member State must itself examine the application in accordance with the procedure laid down in Article25.
Amendment 1219 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 1223 #
2020/0279(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 1254 #
2020/0279(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 1272 #
Amendment 1273 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1. As soon as possible the Member State and the competent authorities of the Member State, assisted by the Asylum Agency, shall ensure that the third country national or stateless person, who intends to make an application to international protection, fully cooperates in matters covered by this Regulation, by informing him or her:
Amendment 1274 #
Amendment 1285 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
Amendment 1292 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) of the objectives of this Regulation, the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the specific criteria applied by Member states requested or notified in the individual case;
Amendment 1299 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) of the aim of the personal interview pursuant to Article 12 and the obligation to submit and substantiate orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information, as well as any assistance that the Member State can offer with regard to the tracing of family members or relatives;
Amendment 1300 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(da) the applicant shall be informed that his or her absconding may prejudice the conduct of the interview and that, in any case, he or she has the right to ask for the interview to be conducted;
Amendment 1302 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) of the obligation for the applicant to disclose, as soon as possible in the procedure any relevant information that could help to establish any prior residence permits, visas or educational diplomas;. The competent authorities shall take into account the elements and information relevant for determining the Member state responsible submitted at any stage of the procedure, provided they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, other relevant elements provided by the applicant shall be taken into consideration if the delay in submitting them is due to justified reasons.
Amendment 1311 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) of the possibility to challenge a transfer decision within the time limit set out in Article 33(2) and of the fact that the scope of that challenge is limited as laid down in Article 33(1)existence of the rights to have an effective remedy with automatic suspensive effect before a Court or a Tribunal in accordance with Article 47 of the Charter of Fundamental Rights, including in a situation where no transfer decision is taken;
Amendment 1319 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) of the right to be granted, on request, legal and linguistic assistance free of charge at all stages of the procedure, where the person concerned cannot afford the costs involved;
Amendment 1323 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point g a (new)
Article 11 – paragraph 1 – point g a (new)
(ga) of the possibility under Article 25 to request the discretionary clause to be applied by any Member State from the Member State where they are present, as well as of the specific arrangements relating to the procedure;
Amendment 1328 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point k
Article 11 – paragraph 1 – point k
(k) in the case of an unaccompanied minor, of the role and responsibilities of the representativeguardian and of the procedure to file complaints against a representativeguardian in confidence and safety and in full respect of the child's right to be heard in this respect;
Amendment 1332 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point l
Article 11 – paragraph 1 – point l
Amendment 1336 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writingthe mother tongue of the applicant or, if not possible, in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. . In both cases the information shall be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. The information shall be provided in writing and orally, where appropriate with the support of multimedia equipment. Oral information may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a Member State responsible in accordance with this Regulation. When the applicant is a minor, information shall be provided in a child-friendly manner, including in both written and oral forms by appropriately trained staff and with the involvement of the guardian, notably about the process to identify family members or relatives in accordance with Article 15 of this Regulation.
Amendment 1343 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 1350 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for unaccompanied minors, containing at least the information referred to in paragraph 1. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common information material shall be drawn up in such a manner as to enable Member States to complete it with additional Member State-specific information. The European Union Agency for Asylum shall create specific information material intended particularly for the following target groups: (a) adult applicants; (b) unaccompanied minors; (c) accompanied minors.
Amendment 1354 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed of the progress of the procedures carried out under this Regulation with regard to their application. The information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall, in accordance with the same arrangements, inform both the minor and the parent or guardian. The Commission shall be empowered to adopt implementing acts to establish the arrangements for the provision of such information.
Amendment 1357 #
2020/0279(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 1358 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member Statecompetent authorities of the determining Member State, assisted by the Asylum Agency, shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11specific individual situation of the applicant and of the information he or she supplied in accordance with Article 11. The determining Member State shall proactively ask questions on all aspects of the claim that would allow for the determination of the Member States responsible. In any case, the presence of the legal representative of the applicant or of a representative of an institution for the protection and assistance of asylum seekers registered in the Member State shall be allowed at the interview.
Amendment 1364 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 1373 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 29 or take back request pursuant to Article 31.
Amendment 1379 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted in the mother tongue of the applicant or in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minors shall be conducted in a child- friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representativeguardian and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.
Amendment 1390 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5a. The Member State shall ensure that there are appropriate standard operating procedures in place in order to ensure that appropriate protection measures are taken with respect to applicants at risk of being exploited for the purposes of trafficking in human beings or other organised crime activities.
Amendment 1394 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 1405 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minor is presents shall ensure that he or she isminors are represented and assisted by a representativeguardian with respect to the relevant procedures provided for in this Regulation. The representativeguardian shall have the resources, qualifications, training and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors.minors, and shall inform the child accordingly about the procedure. The guardian shall be appointed as soon as possible but, at the latest, within two days after the arrival, and in any event prior to the collection of biometric data pursuant to Articles 10, 13 and 14a of Regulation (EU) XXX/XXX (Eurodac Regulation)
Amendment 1411 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representativeguardian, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person.
Amendment 1414 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
The representativeguardian provided for in the first subparagraph may be the same person or organisation as provided for in Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 1416 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representative of an unaccompanied minor shall bguardian shall represent the minvolvedor in the process of establishing the Member State responsible under this Regulation. T and any other representativeight recognized to the minor. The guardian shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose. , and with due regard to confidentiality obligations to the minor. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. The guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. Guardians shall receive regular training and support to undertake their tasks.
Amendment 1424 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factorsnon-exhaustive list of factors and rights of the child:
Amendment 1436 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s well-being and social development, taking into particular consideration the minor’s backgroundethnic, religious, cultural and linguistic background and further having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 1449 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1451 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c a (new)
Article 13 – paragraph 4 – point c a (new)
(ca) situations of vulnerability, including psycho-physical trauma, specific health needs and disability;
Amendment 1458 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d a (new)
Article 13 – paragraph 4 – point d a (new)
(da) the need for decisions concerning minors to be treated with priority;
Amendment 1459 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d b (new)
Article 13 – paragraph 4 – point d b (new)
(db) In assessing the best interests of the minor, the minor's right to be heard must be guaranteed to every child capable of forming his or her own views.
Amendment 1461 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minor, the information provided by the representativeguardian in the Member State where the unaccompanied minor is present.
Amendment 1467 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make surobtain guarantees assessed on the individual case that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompaniedor not transfer a minor shall be preceded by an individual and multidisciplinary assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by multidisciplinary staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. The multidisciplinary assessment shall involve competent staff with expertise in child protection and child psychology and development and shall also include, as a minimum, the minor’s guardian and legal advisor. Before the transfer of a minor, the receiving Member State shall appoint a guardian as soon as possible, but in any event within five working days of the confirmation of the transfer decision. The competent authorities shall communicate the information regarding the guardian appointed by the receiving Member State to the current guardian together with the arrangements for the transfer.
Amendment 1480 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations., as soon as possible after an application for international protection is made, whilst protecting his or her best interest. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety
Amendment 1484 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on rights of the child and child psychology and development. Such training shall also include modules on risk assessment to target care and protection depending on the individual needs of the minor, with a specific focus on early identification of victims of trafficking in human beings and of abuse, as well as training on good practices to prevent disappearance.
Amendment 1491 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1492 #
2020/0279(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 1494 #
2020/0279(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Hierarchy of criteria upon arrival and disembarkation, including following search and rescue operations
Amendment 1497 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
Amendment 1500 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2b. That Member State, assisted by the Asylum Agency, shall arrange, upon arrival or after disembarkation, including following search and rescue operations and activities, for an interview with the applicant in order to identify his or her meaningful links with one or more member States including that of arrival. The applicant has the right to be informed and cooperate in line with article 11 of this Regulation.
Amendment 1501 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 c (new)
Article 14 – paragraph 2 c (new)
Amendment 1502 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 d (new)
Article 14 – paragraph 2 d (new)
2d. The Member State of entry, in cooperation with the Asylum Agency, shall inform the applicant of the determination and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 1503 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 e (new)
Article 14 – paragraph 2 e (new)
2e. If no meaningful links with a Member State are established or no criteria listed in this Chapter are applicable, the procedure established in Article 45 of this Regulation shall apply.
Amendment 1505 #
Amendment 1506 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1. Where a minor is accompanied by one parent, adult sibling or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, and one parent or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the determination of the Member State responsible shall be based on the objective of prioritising family unity, taking into account the best interest of the child.
Amendment 1509 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unlessif it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member Statesin the best minor's best interest. Where the applicant is a minor, the Member State responsible shall be the Member State where the father, mother, grandparents or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 1518 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered is present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 1529 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and the exchange of information between Member States. The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another State so as to gain information about the circumstances of reception and care arrangements in the other country or family reunion possibilities. This may involve contact with guardianship authority, information on access to legal assistance in the event of need to appeal. The implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between States in the event a transfer of a minor is being contemplated or implemented, including providing for sharing of information about the minor, with the informed consent of the minor. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1534 #
2020/0279(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Family members who are beneficiaries of international protectionlegally reside in a Member state
Amendment 1536 #
2020/0279(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the applicant has a family member who has been allowed to reside as a beneficiary of international protection, regardless of whether the family was previously formed in the country of origin, who is legally residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1541 #
2020/0279(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the applicant has a family member in a Member State whose application for international protection in that Member State has not yet been the subject of a first decision regarding the substance, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1554 #
2020/0279(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the applicant is in possession of one or more residence documents or one or more visas which expired less than three years before the application was registered, paragraphs 1, 2 and 3 shall apply.
Amendment 1556 #
2020/0279(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Previous stays If the applicant has resided legally for at least two years in a Member state with a valid residence permit, the Member state shall be responsible for examining his or her application for international protection.
Amendment 1567 #
2020/0279(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 1582 #
2020/0279(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 1589 #
2020/0279(COD)
Proposal for a regulation
Article 23
Article 23
Application in an international transit Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be responsible for examining the application.rticle 23 deleted area of an airport
Amendment 1597 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Where, on account of pregnancy, having a new-born child, serious illness, severe disability, severe trauma or old age,trauma, old age, or other relevant psychological and/or physical vulnerabilities an applicant is dependentin need onf the assistance of his or her child or , sibling, parent, or grandparent legally resident in one of the Member States, or his or her child or , sibling, parent or grandparent legally resident in one of the Member States is dependentn need onf the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child or , sibling, parent, or grandparent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child or the child, sibling, parent or grandparent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.
Amendment 1600 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where there are indications that a child or , sibling, parent or grandparent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child or , sibling, parent or grandparent can take care of the dependent person, before making a take charge request pursuant to Article 29.
Amendment 1607 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the child or , sibling, parent or grandparent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the one where the child or parent is legally resident unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time, sibling, parent or grandparent is legally resident . In such a case, the Member State responsible shall be the one where the applicant is present. Such Member State shall not be subject to the obligation to bring the child or , sibling, parent or grandparent of the applicant to its territory.
Amendment 1613 #
2020/0279(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Sponsorship 1. A Member State may provide the possibility that recognised organisations working in that Member State in the field of refugee protection programmes and prevention of trafficking in human beings become the sponsor of an applicant who has applied for international protection in the Union. The sponsoring organization shall arrange for the applicant's relocation and stay in the Member State until a final decision is taken on his or her application for international protection. 2. If the Member State in which the organization is established agrees to take charge of the applicant, it becomes the Member State responsible for examining the application for international protection.
Amendment 1615 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. By way of derogation from Article 8(1), each Member State may decide to examine an application for international protection by a third-country national or a stateless person registerlodged with it, even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 1618 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. The Member State in which an application for international protection is registered and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on family or, cultural considerations or social ties, language skills or other meaningful links which would facilitate his or her integration into that other Member state, even where that other Member State is not responsible under the criteria laid down in Articles 15 to 18 and 24. The persons concerned shall express their consent in writing.
Amendment 1620 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within twoone months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the refusal is based. Where the requested Member State accepts the request, responsibility for examining the application shall be transferred to it.
Amendment 1629 #
2020/0279(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a Light Family procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indicators showing that they are likely to have the right to family reunification in accordance with Article 13, 15, 16, 24a. 2. If it is determined pursuant to paragraphs 1 and 2 that an applicant has, prima facie, the right to family reunification in accordance with Article 13, 15, 16 24a, the determining Member State shall notify the Member State of allocation thereof and the applicant shall be transferred to that Member State. 3. In accordance with the procedure referred to in paragraph 2, the Member State of allocation shall make the determination of whether the conditions for family reunification in accordance with Article 18 are met. If this is the case the Member state of allocation shall become the Member State responsible.
Amendment 1640 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1649 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 1659 #
2020/0279(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
The first subparagraph shall not apply if the person has already been granted international protection by the responsible Member State, provided that the beneficiary does not claim before a judge that in the Member State primarily designated as responsible there are substantial grounds for believing that he or she would be in danger of being subjected to torture or inhuman or degrading treatments and punishments, in contrast with Article 4 of the EU Charter of Fundamental Rights, pursuant to Article 8 (3).
Amendment 1667 #
2020/0279(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The obligations specified in Article 26 shall cease where the Member State responsible can establish, when requested to take charge of or take back an applicant or another person as referred in Article 26, that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application registered after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 1700 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within onetwo months of receiving that hit.
Amendment 1704 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor, or the determining Member State may, where it considers that it is in the best interest of the minorrequest is based on Article 16 or 17, the determining Member State may, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs. With regard to minors, for the purpose of calculating the deadlines referred to in the first and second subparagraphs of this paragraph, time shall start to run when a guardian has been appointed and when the best interests assessment pursuant to Article 13, 15, 16, 17, 25a has been concluded.
Amendment 1739 #
2020/0279(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Submitting a take back notificationrequest
Amendment 1745 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back notificationrequest without delay and in any event within two weeks after receiving the Eurodac hit. Where the take back request is not made within the established time limit, the responsibility for examining the application for international protection shall lie with the Member State where the applicant is present.
Amendment 1763 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notifirequested Member State shall aconfirm receipt of the notification torequest of the Member State which made the notificationrequest within onefour weeks, unless the notifirequested Member State can demonstrate within that time limit that its is not responsibility has ceasedle pursuant to Article 27.
Amendment 1768 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Failure to act within the onefour-weeks period set out in paragraph 3 shall be tantamount to confirming the receipt of the notificationrequest.
Amendment 1774 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notificationrequests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1781 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The determining Member State whose take charge request as regards the applicant referred to in Article 26(1), point (a) was accepted or who made a take back notification as regards persons referred to in Article 26(1), point (b), (c) and (d) shall take a transfer decision at the latest within one week of the acceptance or notification.
Amendment 1788 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the requested Member State accepts to take charge of an applicant or to take back a person referred to in Article 26(1), point (b), (c) or (d), the requesting or the notifying Member State shall notify the person concerned in writing without delayin one week of the decision to transfer him or her to the Member State responsible and, where applicable, of the fact that it will not examine his or her application for international protection.
Amendment 1793 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. The decision referred to in paragraph 1 shall be written in a language understandable to the applicant and contain information on the legal remedies available, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies and for carrying out the transfer, and shall, if necessary, contain information on the place where, and the date on which, the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means.
Amendment 1808 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The applicant or another person as referred to in Article 26(1), point (b), (c) and (d) shall have the right to an effective remedy with automatic suspensive effect, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.
Amendment 1811 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Amendment 1823 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – introductory part
Article 33 – paragraph 3 – introductory part
3. The person concerned shall have the right to request, within a reasonable period of Member States shall ensure that an effectimve from the notificationremedy shall confer ofn the transfer decision, a court or tribunal to suspend the implementation of the transfer decisionperson concerned the right to remain in the Member state concerned pending the outcome of his or ther appeal or review. Member States shall ensure that an effective remedy is in place by suspending the transfer, the transfer shall be automatically suspended until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when that request reached the competent court or tribunal.
Amendment 1826 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
Amendment 1834 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – introductory part
Article 33 – paragraph 5 – introductory part
5. Member States shall ensure that legal assistance is granted on request free of charge, at all stages of the procedure, where the person concerned cannot afford the costs involved, according to Article 11a of this Regulation. Member States may provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.
Amendment 1838 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 1
Article 33 – paragraph 5 – subparagraph 1
Amendment 1844 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 2
Article 33 – paragraph 5 – subparagraph 2
Amendment 1845 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 3
Article 33 – paragraph 5 – subparagraph 3
Amendment 1848 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 4
Article 33 – paragraph 5 – subparagraph 4
Legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representationbe in line with Article 11a.
Amendment 1850 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 5
Article 33 – paragraph 5 – subparagraph 5
Amendment 1853 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. Detention shall, in any case, be a measure of last resort when alternatives are not available.
Amendment 1858 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. Minors, whether accompanied or unaccompanied, and vulnerable people according to Directive 2013/33 shall not be detained. In accordance with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Unaccompanied minors shall be placed in appropriate alternative care settings in the national child protection system in line with their best interest and taking into consideration their views and needs. Families with minor children shall be accommodated together in non- custodial, community-based placements while their immigration status is being resolved.
Amendment 1866 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a proven risk of absconding, Member States, as measure of last resort, may detain the person concerned in order to secure a transfer proceduresafter a final transfer decision has been taken and notified in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 1874 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out, and in any case shall not exceed three months.
Amendment 1883 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notificationrequest shall not exceed two weeks from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notification shall not exceed one week from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within one week of receipt of the take charge request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1895 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Where a person is detained pursuant to this Article, the detention shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to way they could not be applied effectively.
Amendment 1899 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. As regards the detention conditions, which shall fully respect the person's fundamental rights and the guarantees applicable to applicants detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive XXX/XXX/EU [Reception Conditions Directive] shall apply.
Amendment 1906 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notificationrequest by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). That time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned for criminal purposes.
Amendment 1929 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 1934 #
2020/0279(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. In accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], a contribution shall be paid to the Member State carrying out the transfer for theThe costs necessary to transfer of an applicant or another person as referred to in Article 26(1), point (b), (c) or (d), pursuant to Article 35to the Member state responsible shall be met by the General Budget of the Union.
Amendment 1939 #
2020/0279(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Member State carrying out the transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) or (d), shall communicate to the Member State responsible such personal data concerning the person to be transferred as is adequate, relevant and limited to what is necessary for the sole purposes of ensuring that the competent authorities, in accordance with national law in the Member State responsible, are in a position to provide that person with adequate assistance, including the provision of immediate health care required in order to protect his or her vital interests, to ensure continuity in the protection and rights afforded by this Regulation and by other applicable asylum legal instruments. Those data shall be communicated to the Member State responsible within a reasonable period of time before a transfer is carried out, in order to ensure that its competent authorities in under national law have sufficient time to take the necessary measures.
Amendment 1994 #
2020/0279(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Before concluding or amending any arrangement as referred to in paragraph 1, point (b), the Member States concerned shall consult the Commission as to the compatibility of the arrangement with this Regulation and with other relevant provisions of EU Law, including the Charter of Fundamental Rights.
Amendment 1995 #
2020/0279(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. If the Commission considers the arrangements referred to in paragraph 1, point (b), to be incompatible with this Regulation, and with any other relevant provisions of EU Law including the Charter of Fundamental Rights, it shall, within a reasonable period, notify the Member States concerned. The Member States shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any incompatibilities observed.
Amendment 2015 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity contributions for the benefit of a Member State under migratory pressureof first entry or subject to disembarkations following, including after search and rescue operations shall consist of the followand activities shall be established according to the procedure provided ing types:his Article.
Amendment 2020 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
Amendment 2034 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 2036 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
Amendment 2045 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
Amendment 2058 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. Where no meaningful links can be established, the Commission, assisted by the Asylum Agency, shall identify the Member State with the lowest number of applicants in relation to its share, calculated on the basis of the distribution key, as the Member State responsible. The European Commission will immediately notify this Member State which will be responsible for examining the application and the Member State of first entry.
Amendment 2061 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 b (new)
Article 45 – paragraph 1 b (new)
1b. The Member State of first entry, in cooperation with the Asylum Agency, shall immediately inform the applicant about the determination of responsibility as referred to in paragraph2 of this Article, and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 2062 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 c (new)
Article 45 – paragraph 1 c (new)
1c. The procedure established by this Article shall apply to applicants arrived in a Member State by land, air or sea, including after disembarkation and following search and rescue operations and activities.
Amendment 2063 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 d (new)
Article 45 – paragraph 1 d (new)
1d. The share calculated according to the distribution key may be adjusted when a Member State demonstrates that over the proceeding 10 years it has been responsible for twice the Union average per capita of applicants for international protection.
Amendment 2067 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2086 #
2020/0279(COD)
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2105 #
2020/0279(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
47 Solidarity for disembarkations following search and rescue activities and operations
Amendment 2107 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. This Article and Articles 148 and 495 shall also apply to search and rescue oparrivals, connected to search and rescue activities as referred to in the 1979 Internations that generate recurring arrivalsal Convention Maritime on Search and Rescue adopted in Hamburg, Germany, on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) No656/2014, leading to disembarkation of third- country nationals orand stateless persons on to the territory of a Member State and to vulnerable persons as set out in Article 49(4).
Amendment 2112 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Where the Migration Management Report referred to in Article 6(4) indicates that one or more Member States faced with the situations referred to in paragraph 1, it shall also set out the total number of applicants for international protection referred to in Article 45(1), point (a) that would need to be relocated in order to assist those Member States. The report shall also identify any capacity-building measures referred to in Article 45(1), point (d) which are necessary to assist the Member State concernedIn the context of disembarkations following search and rescue activities and operations, as defined in paragraph 1, the special needs of children, including unaccompanied minors, victims of trafficking in human beings, persons in need of urgent medical assistance, disabled persons, persons in need of international protection and other persons in a particularly vulnerable situation, shall be addressed as a matter of urgency and in a spirit of solidarity, pursuant to Articles 14 and 45.
Amendment 2114 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 2118 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 2132 #
2020/0279(COD)
Amendment 2140 #
Amendment 2177 #
Amendment 2207 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point a
Article 50 – paragraph 1 – point a
(a) that Member State has informed the Commission that it considers itself to be under migratory pressure; and
Amendment 2211 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
(b) on the basis of available information, it considers that aone or more Member States may be under migratory pressure, due to a constant level of arrivals, including after disembarkation, which would undermine the effective functioning of the procedures foreseen in Articles 14 and 45 of this Regulation.
Amendment 2216 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure, in cooperation with the Member States in question. The Commission shall inform the European Parliament, the Council and the Member States concerned, without delay, that it is undertaking an assessment.
Amendment 2221 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point a
Article 50 – paragraph 3 – point a
(a) the total number of applications for international protection by third-country nationals and the nationality of the applicants;
Amendment 2223 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point b
Article 50 – paragraph 3 – point b
Amendment 2227 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point c
Article 50 – paragraph 3 – point c
Amendment 2230 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point d
Article 50 – paragraph 3 – point d
Amendment 2235 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point f
Article 50 – paragraph 3 – point f
Amendment 2239 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point g
Article 50 – paragraph 3 – point g
Amendment 2242 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point h
Article 50 – paragraph 3 – point h
(h) the number of persons apprehendidentified in connection with an irregular crossing of the external land, sea or air border;
Amendment 2245 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point i
Article 50 – paragraph 3 – point i
Amendment 2249 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point j
Article 50 – paragraph 3 – point j
(j) the number and nationality of third- country nationals disembarked and following search and rescue operations and activities, including the number of applications for international protection;
Amendment 2251 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k
Article 50 – paragraph 3 – point k
(k) the number of vulnerable migrants, in particular unaccompanied minors.
Amendment 2254 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k a (new)
Article 50 – paragraph 3 – point k a (new)
(ka) the capacity of the Member States under migratory pressure, in particular in its overall needs in managing its asylum and reception caseload.
Amendment 2260 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point b
Article 50 – paragraph 4 – point b
Amendment 2263 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point f
Article 50 – paragraph 4 – point f
Amendment 2267 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point h
Article 50 – paragraph 4 – point h
Amendment 2275 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The Commission shall consult the Member States concerned during its assessment undertaken pursuant to Article 50(1).
Amendment 2281 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. In the report, the Commission shall state and explain whether the Member States concerned isare under migratory pressure.
Amendment 2285 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. Where the Commission concludes that the Member States concerned isare under migratory pressure, the report shall identify:
Amendment 2288 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point a
Article 51 – paragraph 3 – point a
(a) the capacity of the Member States under migratory pressure in the field of migration management, in particular asylum and return as well as, in particular in its overall needs in managing its asylum and returception caseload;
Amendment 2292 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point i
Article 51 – paragraph 3 – point b – point i
(i) measures that the Member States under migratory pressure should take in the field of migration management, and in particular in the field of asylum and returception;
Amendment 2294 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point ii
Article 51 – paragraph 3 – point b – point ii
(ii) measures referred to in Article 45(1), points (a), (b) andidentified by the Commission to support the Member States concerned, including: (a) capacity building measures in the field of asylum and reception, corresponding to the needs of the Member States under pressure; (cb) to be taken by other Member States; relocation of beneficiaries of international protection who have been granted protection less than two years prior to the relocation.
Amendment 2299 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point iii
Article 51 – paragraph 3 – point b – point iii
Amendment 2314 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shall contribute by means of the solidarity contributions referred to in Article 45(1), points (a), (b) and (c51(3) (b) (ii). Member States shall prioritise the relocation of unaccompanied minors.
Amendment 2329 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
Amendment 2332 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
Amendment 2339 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. Where the Commission considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall convene the Solidarity Forum. In such cases, the Commission shall invite Member States to adjust the type of contributions in their Solidarity Response Plans in the course of the Solidarity Forum by submitting revised Solidarity Response Plans.
Amendment 2356 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Within two weeks from the submission of the Solidarity Response Plans referred to in Article 52(3) or, where the Solidarity Forum is convened pursuant to Article 52(4), within two weeks from the end of the Solidarity Forum, the Commission shall adopt an implementing act laying down the solidarity contributions for the benefit of the Member States under migratory pressure to be taken by the other Member States and the timeframe for their implementation.
Amendment 2357 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1
Article 53 – paragraph 2 – subparagraph 1
Amendment 2360 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
Amendment 2363 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Where the measures proposed would lead to a shortfall greater than 30% of the total number of solidarity measures identified in the report on migratory pressure under Article 51(3)(b)(ii), the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures would be required to cover 50% of their share calculated according to the distribution key set out in Article 54 through measures set out in Article 51(3)(b)(ii). The CommissionCommission considers the measures proposed are inadequate, it shall adjust measures referred to in Article 51(3)(b)(iii) indicated by those Member States accordingly.
Amendment 2364 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point a
Article 53 – paragraph 3 – point a
(a) the total number of persons to be relocated from the requesting Member State pursuant to Article 45(1), points (a) or (c), taking into account the capacity and needs of the requesting Member States in the area of asylum identified in the report referred to inset of measures foreseen in Article 51 (3) (b) (ii) of this Regulation, including the total number of beneficiaries of international protection pursuant to Article 51 (3) (b) (ii) (b), that shall be relocated;
Amendment 2365 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point b
Article 53 – paragraph 3 – point b
Amendment 2366 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point c
Article 53 – paragraph 3 – point c
Amendment 2367 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point d
Article 53 – paragraph 3 – point d
Amendment 2370 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1
Article 53 – paragraph 3 – subparagraph 1
Amendment 2373 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
Amendment 2380 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – introductory part
Article 54 – paragraph 1 – introductory part
The share of solidarity contributions referred to in Articles 45(1), points (a), (b) and (c) to be provided by each Member State in accordance with Articles 48 and 53 shall be calculated in accordance with the formula set out in Annex III and and 50 to 53 shall be based on the following criteria for each Member State, according to the latest available Eurostat data:
Amendment 2383 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the size of the population (540% weighting);
Amendment 2392 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the total GDP (540% weighting).
Amendment 2398 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)
Article 54 – paragraph 1 – point b a (new)
(ba) unemployment rate (20% weighting)
Amendment 2404 #
2020/0279(COD)
Amendment 2430 #
2020/0279(COD)
Proposal for a regulation
Article 56 – title
Article 56 – title
Amendment 2432 #
2020/0279(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
Amendment 2436 #
2020/0279(COD)
2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or onsituations where there its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]no migratory pressure and where the mechanism established in Article 51 -53 is not applicable, decide to relocate beneficiaries of international protection. In this case it shall inform the Commission without delay.
Amendment 2446 #
2020/0279(COD)
Amendment 2450 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) persons referred to in Article 45(1), point (b) where the period referred to in Article 55(2) has expired, and Article 45(2), point51(3) (b) (ii) (b).;
Amendment 2456 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned an individual and specific danger to national security or public order of that Member State, according to the procedure laid down in Article 14 (3). If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2)being relocated.
Amendment 2457 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 2466 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
Article 57 – paragraph 3 – subparagraph 1
Where relocation is to be applied pursuant to Article 49,, the EU relocation coordinator should support the relocation activities from the benefitting Member Sstate shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agencyto the contributing member state implementing their obligations referred to in Article 49(213a (d).
Amendment 2473 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 a (new)
Article 57 – paragraph 3 a (new)
3a. Each Member State shall create a database of the requests of beneficiaries of international protection, who have been legally residing in its territory for less than two years and who have expressed their willingness to be relocated to another Member State. Each beneficiary of international protection may express up to two preferences for Member States to which he or she may be relocated. Each Member State shall regularly update the database referred to in this paragraph.
Amendment 2474 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 b (new)
Article 57 – paragraph 3 b (new)
3b. The Commission shall, by means of implementing act, lay down uniform criteria for the collection, retention and deletion by the Member States of the information referred to in paragraph 1, and the organizational and operational arrangements for the implementation of relocation;
Amendment 2475 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 c (new)
Article 57 – paragraph 3 c (new)
3c. When implementing the solidarity measures pursuant to Article 53(3), the benefitting Member State shall promptly inform of the activation of the relocation procedure, the beneficiaries of international protection registered in the database referred to in paragraph 1, on the basis of the chronological order of registration. Member States shall take into consideration the preferences expressed by the beneficiary of international protection. Potential beneficiaries of relocation shall express their consent to be relocated within 7 days after they have been informed, otherwise they shall be considered non-eligible for relocation. The benefitting Member State shall identify a number of beneficiaries corresponding to that established, by means of implementing act, by the Commission pursuant to Article 53.
Amendment 2477 #
2020/0279(COD)
Amendment 2483 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 5
Article 57 – paragraph 5
5. The benefitting Member State shall transmit to the Member State of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3.
Amendment 2484 #
2020/0279(COD)
Amendment 2489 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 7
Article 57 – paragraph 7
Amendment 2512 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
Amendment 2518 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(1) and (3), respectively, of Regulation (EU) XXX/XXX [Eurodac Regulation].
Amendment 2520 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
Amendment 2523 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. Where the Member State of relocation has relocated a beneficiary for international protection, tThe Member State of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting Member State.
Amendment 2529 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Member State of relocation has relocated a third-country national who is illegalrregularly staying on its territory, of Directive 2008/115/EC shall apply.
Amendment 2531 #
2020/0279(COD)
Proposal for a regulation
Article 59
Article 59
Amendment 2545 #
2020/0279(COD)
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
The cost of relocation and transfer will be covered by the EU budget.
Amendment 2546 #
2020/0279(COD)
Proposal for a regulation
Article 61 – paragraph 1 b (new)
Article 61 – paragraph 1 b (new)
The costs of reception of an applicant met by a determining Member State, from the time when the application for international protection was registered until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant, shall be refunded from the general budget of the Union.
Amendment 15 #
2019/2182(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that all types of asbestos- related diseases such as lung cancer and pleural mesothelioma – caused by the inhalation of asbestos-suspended fibres thin enough to reach the alveoli and long enough to exceed the size of macrophages, as well as different types of cancer caused not only by the inhalation of airborne fibre but also by the ingestion of water containing such fibres coming from asbestos pipes – have been recognised as a health hazard and can take several decades, and in some cases more than 40 years, to become apparent;
Amendment 18 #
2019/2182(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that asbestos is a non- threshold carcinogen, meaning that every level of exposure, however low, brings a risk of developing cancer;
Amendment 27 #
2019/2182(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that asbestos diseases have been observed in populations living or having lived in the vicinity of industrial sites or premises with degraded flocking, including populations living close to construction sites, train infrastructures, shipyards and power plants;
Amendment 31 #
2019/2182(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls, that despite the Europe- wide ban on asbestos (1999, to be implemented by 2005), asbestos still kills people in Europe. Whereas all types of asbestos are dangerous and its hazard impact has been documented and subject to regulations, and despite the ban on the use of asbestos, it is still found in many ships, trains, machinery, bunkers, tunnels, galleries, pipes in public and private water distribution networks and especially in buildings, including many public and private buildings;
Amendment 41 #
2019/2182(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that a study by Italian scientists has shown that ingestion of water containing asbestos fibres significantly increases the risk of gastric and colorectal cancers; further recalls that in line with WHO recommendations asbestos-cement pipes should no longer be used or approved for drinking water;
Amendment 46 #
2019/2182(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses, that background concentration levels of asbestos in the atmosphere should be known and measured all over Europe;
Amendment 47 #
2019/2182(INL)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that citizens should receive equal protection from exposure to asbestos in their living spaces; urges the Commission in this regard to ensure the protection of all citizens by introducing exposure limit values for asbestos in living spaces as it is necessary, notably in view of para-occupational exposure by means of which exposed workers transport asbestos fibres to the house setting;
Amendment 49 #
2019/2182(INL)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Recalls that more information is needed with regard to population exposure through contact with commercial products containing asbestos, such as housing materials and their disturbance through normal activity; adds that risks arising from populations exposed to naturally occurring asbestos materials is also an area where information is lacking;
Amendment 50 #
2019/2182(INL)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Stresses that increased environmental exposure in view of the deterioration of the building stock in the EU leads to more cases of mesothelioma;
Amendment 51 #
2019/2182(INL)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Urges the Commission and Member States in this regard to support research into the risks related to such environmental asbestos exposure pathways;
Amendment 64 #
2019/2182(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the anticipated increase in construction work in view of the Renovation Wave which will be accompanied by increased occupational and environmental exposure to asbestos fibres; highlights the need for asbestos to be substituted with energy efficient materials in the context of the Renovation Wave;
Amendment 85 #
2019/2182(INL)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the need to establish public registers relating to asbestos and minimum standards relating to their implementation; recalls that such minimum standards relating to public registers need to be linked to health and safety policies and to environmental and public health regulations;
Amendment 88 #
2019/2182(INL)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Highlights the need for the treatment of asbestos waste and the safe handling, removal and substitution of this substance in waste streams to be at the heart of the strategy to be developed by the Commission; recalls the need for greater circularity in the construction sector and the importance of preventing asbestos waste from entering the circular economy;
Amendment 89 #
2019/2182(INL)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Recalls that the disposal of asbestos waste in landfills is a short-term solution which is leading to the release of asbestos fibres into the environment to the detriment of public health;
Amendment 90 #
2019/2182(INL)
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Calls on the Commission to promote the establishment throughout the EU of centres for the treatment and inertisation of waste containing asbestos, combined with phasing out all delivery of such waste to landfills;
Amendment 91 #
2019/2182(INL)
Draft opinion
Paragraph 9 e (new)
Paragraph 9 e (new)
9e. Highlights the need for the EU to fight in international fora against the dumping of asbestos in developing countries;
Amendment 92 #
2019/2182(INL)
Draft opinion
Paragraph 9 f (new)
Paragraph 9 f (new)
9f. Emphasises the need for synergies between the strategy to be developed by the Commission, the circular economy objectives including the labelling system and the strategy for a sustainable built environment; highlights also the need for synergies to be created between the strategy and existing initiatives concerning the development of a knowledge base in relation to the substitution of hazardous substances of concern;
Amendment 93 #
2019/2182(INL)
Draft opinion
Paragraph 9 g (new)
Paragraph 9 g (new)
9g. Recalls the need for transparency with regard to the presence and composition of asbestos fibres in waste streams with a view to improving dismantling and decontamination techniques in order to facilitate the recovery of waste; encourages the creation of synergies with the database being set up by the European Chemicals Agency to gather information and improve knowledge about substances of concern in products and in products when they become waste;
Amendment 106 #
2019/2182(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. The establishment of centres for the treatment and inerting of waste containing asbestos by providing for the phasing out of the disposal of such waste in landfillintegration of an EU-wide plan in the strategy to be developed by the Commission for the treatment of asbestos waste and the safe handling, removal and substitution of this substance in waste streams;
Amendment 109 #
2019/2182(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. The establishment of centres for the treatment and inerting of waste containing asbestos by providing for the phasing out of the disposal of such waste in landfills and other harmful practices such as its disposal in waterbodies;
Amendment 110 #
2019/2182(INL)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. The development of a strategic plan for the EU to increase its activity and influence on global level with regard to the fight against dumping of asbestos in developing countries;
Amendment 114 #
2019/2182(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. The establishment of a European framework for public and accessible asbestos registers and minimum standards relating to their implementation, together with a mapping of the exact location of asbestos on public and private sites;
Amendment 121 #
2019/2182(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. The active involvement of the social partnersmeasurement and access to information with regard to background concentration levels of asbestos in the atmosphere all over the EU and other stakeholders, such as asbestos victims’ group introduction of exposure limit values for living spaces.
Amendment 124 #
2019/2182(INL)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. The identification of funding instruments including both EU and national funds for the implementation of the Strategy to be adopted by the Commission.
Amendment 126 #
2019/2182(INL)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. To support research into the risks related to environmental asbestos exposure pathways.
Amendment 127 #
2019/2182(INL)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. The active involvement of the social partners and other stakeholders, such as asbestos victims’ groups, tenants and environmental organizations.
Amendment 116 #
2016/0062R(NLE)
Motion for a resolution
Recital F a (new)
Recital F a (new)