Activities of Daniel FREUND
Plenary speeches (104)
Preventing conflicts of interests in the EU (debate)
General budget of the European Union for 2020 - all sections (debate)
International day to end impunity for crimes against journalists (debate)
The Rule of Law in Malta, after the recent revelations around the murder of Daphne Caruana Galizia (debate)
European Parliament's position on the Conference on the Future of Europe (debate)
European Parliament's position on the Conference on the Future of Europe (B9-0036/2020, B9-0037/2020, B9-0038/2020) (vote)
The EU priorities for the 64th session of the UN Commission on the Status of Women (B9-0093/2020, B9-0095/2020) (vote)
Conclusions of the special European Council meeting of 20 February 2020 on the Multiannual Financial framework (debate)
Conference on the Future of Europe (debate)
State of play of Council negotiations on the Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States (debate)
Rule of Law conditionality in the framework of the MFF 2021-2027 and Next Generation EU (debate)
The rule of law and fundamental rights in Bulgaria (debate)
Multiannual Financial Framework (including Own Resources), Rule of Law Conditionality Mechanism and the Recovery Fund for Europe (continuation of debate)
Stocktaking of European elections (continuation of debate)
Preparation of the European Council meeting of 10-11 December 2020 (debate)
Conclusions of the European Council meeting of 10-11 December 2020 – MFF, Rule of Law Conditionality and Own Resources – Council regulation laying down the multiannual financial framework for the years 2021 to 2027 – Proposal for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources – Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States (debate)
OLAF cooperation with EPPO and the effectiveness of its investigations (continuation of debate)
Lack of transparency on Council appointments to the EPPO (debate)
The state of play of the EU’s COVID-19 Vaccination Strategy (debate)
Activities of the European Ombudsman – annual report 2019 (debate)
Application of Regulation (EU, Euratom) 2020/2092, the rule of law conditionality mechanism (debate)
Order of business
2019 Discharge (debate)
Union Anti-Fraud Programme 2021-2027 (debate)
The conflict of interest of the Prime Minister of the Czech Republic (debate)
Parliament's right of inquiry (debate)
Rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom 2020/2092) (debate)
Regulations and general conditions governing the performance of the Ombudsman’s duties (debate)
Urgent need to complete the procedures for nominations for the full functioning of the European Public Prosecutor’s Office (debate)
The creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget (continuation of debate)
Media freedom and further deterioration of the Rule of law in Poland (debate)
Announcement of voting results
United States sanctions and the Rule of law (debate)
Pandora Papers: implications on the efforts to combat money laundering, tax evasion and avoidance (debate)
The state of play on the submitted RRF recovery plans awaiting approval (debate)
The Rule of law crisis in Poland and the primacy of EU law (debate)
The revision of the Financial Regulation in view of the entry into force of the 2021-2027 multiannual financial framework (debate)
Fundamental rights and the rule of law in Slovenia, in particular the delayed nomination of EPPO prosecutors (debate)
Presentation of the Court of Auditors' annual report 2020 (debate)
State of play of the RRF (Recovery and Resilience Facility) (debate)
Corruption and human rights (continuation of debate)
The Rule of Law and the consequences of the ECJ ruling (debate)
Citizenship and residence by investment schemes (debate)
Foreign interference in all democratic processes in the EU (debate)
Transparency and administrative standards - the treatment of public access requests based on Regulation (EC) No 1049/2001 (debate)
MFF 2021-2027: fight against oligarch structures, protection of EU funds from fraud and conflict of interest (debate)
Cooperation and similarities between the Putin regime and extreme right and separatist movements in Europe (topical debate)
Election of the Members of the European Parliament by direct universal suffrage (debate)
Election of the Members of the European Parliament by direct universal suffrage (debate)
Election of the Members of the European Parliament by direct universal suffrage (debate)
Threats to the safety of journalists and media freedom, on the occasion of the World Press Freedom Day (debate)
The follow up of the Conference on the Future of Europe (debate)
Discharge 2020 (debate)
Discharge 2020 (debate)
Commission’s 2021 Rule of Law Report (debate)
The rule of law and the potential approval of the Polish national Recovery Plan (RRF) (debate)
The call for a Convention for the revision of the Treaties (debate)
The call for a Convention for the revision of the Treaties (debate)
Presentation of the programme of activities of the Czech Presidency (continuation of debate)
Protection of the EU’s financial interests – combating fraud – annual report 2020 (debate)
Existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded (debate)
Commission proposal for measures under the Rule of Law Conditionality Regulation in the case of Hungary (debate)
The Rule of Law in Malta, five years after the assassination of Daphne Caruana Galizia (debate)
Presentation of the Court of Auditors' annual report 2021 (debate)
Assessment of Hungary's compliance with the rule of law conditions under the Conditionality Regulation and state of play of the Hungarian RRP (debate)
Suspicions of corruption from Qatar and the broader need for transparency and accountability in the European institutions (debate) (debate)
Defending the European Union against the abuse of national vetoes (debate)
New developments in allegations of corruption and foreign interference, including those related to Morocco, and the need to increase transparency, integrity and accountability in the European institutions (debate)
Transparency and targeting of political advertising (debate)
Establishment of an independent EU Ethics Body (debate)
Order of business
2022 Rule of Law Report - The rule of law situation in the European Union - Rule of law in Greece - Rule of law in Spain - Rule of law in Malta (debate)
Discharge 2021 (continuation of debate)
Update of the anti-corruption legislative framework (debate)
Breaches of the Rule of law and fundamental rights in Hungary and frozen EU funds (debate)
Order of business
One-minute speeches on matters of political importance
Establishment of the EU Ethics Body (debate)
Negotiations on the European Electoral Law (debate)
2023 Annual Rule of law report (debate)
Public access to documents – annual report for the years 2019-2021 (debate)
European Media Freedom Act (debate)
European Media Freedom Act (debate)
Corrupt large-scale sale of Schengen visas (debate)
Corrupt large-scale sale of Schengen visas (debate)
Presentation of the Court of Auditors' annual report 2022 (debate)
Rule of Law in Malta: 6 years after the assassination of Daphne Caruana Galizia and the need to protect journalists (debate)
Rule of Law in Malta: 6 years after the assassination of Daphne Caruana Galizia and the need to protect journalists (debate)
Proposals of the European Parliament for the amendment of the Treaties (debate)
Proposals of the European Parliament for the amendment of the Treaties (debate)
Continuing threat to the rule of law, the independence of justice and the non-fulfilment of conditionality for EU funding in Hungary (debate)
Continuing threat to the rule of law, the independence of justice and the non-fulfilment of conditionality for EU funding in Hungary (debate)
The European Elections 2024 (debate)
One year after Morocco and QatarGate – stocktaking of measures to strengthen transparency and accountability in the European institutions (debate)
Planned dissolution of key anti-corruption structures in Slovakia and its implications on the Rule of Law (continuation of debate)
Transparency and accountability of non-governmental organisations funded from the EU budget (debate)
Conclusions of the European Council meeting of 14-15 December 2023 and preparation of the Special European Council meeting of 1 February 2024 - Situation in Hungary and frozen EU funds (joint debate - European Council meetings)
Conclusions of the European Council meeting of 14-15 December 2023 and preparation of the Special European Council meeting of 1 February 2024 - Situation in Hungary and frozen EU funds (joint debate - European Council meetings)
Situation of fundamental rights in the EU in 2022 and 2023 (debate)
Transparency and targeting of political advertising (debate)
Report on the Commission’s 2023 Rule of Law report (debate)
European Media Freedom Act (debate)
Financial rules applicable to the general budget of the Union (recast) (debate)
Discharge 2022 (debate)
Reports (4)
REPORT on strengthening transparency and integrity in the EU institutions by setting up an independent EU ethics body
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2020, Section I – European Parliament
REPORT on proposals of the European Parliament for the amendment of the Treaties
REPORT on the conclusion of an Agreement between the European Parliament, the Council, the European Commission, the Court of Justice of the European Union, the European Central Bank, the European Court of Auditors, the European Economic and Social Committee and the European Committee of the Regions, establishing an Interinstitutional Body for Ethical Standards for Members of Institutions and advisory bodies mentioned in Article 13 of the Treaty on European Union
Shadow reports (17)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2018, Section I – European Parliament
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on a general regime of conditionality for the protection of the Union budget
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019, Section I – European Parliament
REPORT on the conclusion of an interinstitutional agreement between the European Parliament, the Council of the European Union, and the European Commission on a mandatory transparency register
REPORT on a draft regulation of the European Parliament laying down the regulations and general conditions governing the performance of the Ombudsman’s duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom
REPORT on the creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget
REPORT on the revision of the Financial Regulation in view of the entry into force of the 2021-2027 multiannual financial framework
REPORT on MFF 2021-2027: fight against oligarch structures, protection of EU funds from fraud and conflict of interest
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) 2018/1046 on the financial rules applicable to the general budget of the Union
REPORT on the draft implementing provisions for the Statute of the European Ombudsman
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2021, Section I – European Parliament
REPORT on the proposal for a regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (recast)
REPORT on the European Elections 2024
REPORT on the situation of fundamental rights in the European Union – annual report 2022 and 2023
REPORT on the transparency and accountability of non-governmental organisations funded from the EU budget
REPORT on the proposal for a directive of the European Parliament and of the Council on combating corruption, replacing Council Framework Decision 2003/568/JHA and the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union and amending Directive (EU) 2017/1371 of the European Parliament and of the Council
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2022, Section I – European Parliament
Opinions (2)
OPINION on the draft general budget of the European Union for the financial year 2020
OPINION on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
Shadow opinions (27)
OPINION on discharge in respect of the implementation of the budget of the European Union Agency For Railways for the financial year 2018
OPINION on discharge in respect of the implementation of the budget of the SESAR Joint Undertaking for the financial year 2018
OPINION on discharge in respect of the implementation of the budget of the Clean Sky 2 Joint Undertaking for the financial year 2018
OPINION on discharge in respect of the implementation of the budget of the European Aviation Safety Agency for the financial year 2018
OPINION on discharge in respect of the implementation of the budget of the Shift2Rail Joint Undertaking for the financial year 2018
OPINION on discharge in respect of the implementation of the budget of the European Maritime Safety Agency (EMSA) for the financial year 2018
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2018, Section III – Commission and executive agencies
Opinion on Guidelines for the 2021 Budget – Section III
OPINION on the draft general budget of the European Union for the financial year 2021
OPINION on monitoring the application of European Union law 2017, 2018 and 2019
OPINION on discharge in respect of the implementation of the budget of the SESAR Joint Undertaking for the financial year 2019
OPINION on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2019
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019, Section II – European Council and Council
OPINION on discharge in respect of the implementation of the budget of the Joint Undertaking - Aeronautics and Environment (Clean Sky) for the financial year 2019
OPINION on discharge in respect of the implementation of the budget of the European Union Aviation Safety Agency for the financial year 2019
OPINION on discharge in respect of the implementation of the budget of the Shift2Rail Joint Undertaking for the financial year 2019
OPINION on discharge in respect of the implementation of the budget of the European Union Agency for Railways for the financial year 2019
OPINION on discharge in respect of the implementation of the budget of the European Union for the financial year 2019, Section III – Commission and executive agencies
OPINION on Guidelines for the 2022 Budget - Section III
OPINION on the Commission’s 2020 Rule of Law Report
OPINION on the Commission’s 2020 Rule of Law Report
OPINION on the Commission’s 2021 Rule of Law Report
OPINION on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded
OPINION on the proposal for a Council directive on the proposal for a Council directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals (recast)
OPINION on public access to documents - annual report for the years 2019-2021
OPINION on the proposal for a regulation of the European Parliament and of the Council Establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU
OPINION on the implementation of the Treaty provisions on EU citizenship
Institutional motions (25)
MOTION FOR A RESOLUTION on the rule of law in Malta following the recent revelations surrounding the murder of Daphne Caruana Galizia
MOTION FOR A RESOLUTION on the European Parliament’s position on the Conference on the Future of Europe
MOTION FOR A RESOLUTION on the European Parliament’s position on the Conference on the Future of Europe
MOTION FOR A RESOLUTION on the Multiannual Financial Framework 2021-2027, the InterInstitutional Agreement, the EU Recovery Instrument and the Rule of Law Regulation
MOTION FOR A RESOLUTION on the declaration of the EU as an LGBTIQ Freedom Zone
MOTION FOR A RESOLUTION on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism
MOTION FOR A RESOLUTION on the assassination of Daphne Caruana Galizia and the rule of law in Malta
MOTION FOR A RESOLUTION on the rule of law situation in the European Union and the application of the Conditionality Regulation 2020/2092
MOTION FOR A RESOLUTION 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
MOTION FOR A RESOLUTION The state law relating to abortion in Texas, USA
MOTION FOR A RESOLUTION on the rule of law crisis in Poland and the primacy of EU law
MOTION FOR A RESOLUTION on the first anniversary of the de facto abortion ban in Poland
MOTION FOR A RESOLUTION on the rule of law and the consequences of the ECJ ruling
MOTION FOR A RESOLUTION on the call for a Convention for the revision of the Treaties
MOTION FOR A RESOLUTION the rule of law and the potential approval of the Polish national Recovery Plan (RRF)
MOTION FOR A RESOLUTION on the assessment of Hungary’s compliance with the rule of law conditions under the Conditionality Regulation and state of play of the Hungarian RRP
MOTION FOR A RESOLUTION on suspicions of corruption from Qatar and the broader need for transparency and accountability in the European institutions
MOTION FOR A RESOLUTION on following up on measures requested by Parliament to strengthen the integrity of European institutions
MOTION FOR A RESOLUTION on the establishment of an independent EU ethics body
JOINT MOTION FOR A RESOLUTION on the establishment of an independent EU ethics body
MOTION FOR A RESOLUTION on the breaches of the Rule of Law and fundamental rights in Hungary and frozen EU funds
MOTION FOR A RESOLUTION on the electoral law, the investigative committee and the rule of law in Poland
MOTION FOR A RESOLUTION on the establishment of the EU Ethics Body
JOINT MOTION FOR A RESOLUTION on the establishment of the EU ethics body
MOTION FOR A RESOLUTION on the situation in Hungary and frozen EU funds
Oral questions (6)
State of play of Council negotiations on the Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States
LGBTI-free zones in Poland within the scope of the Rete Lenford case
State of play of the Council negotiations on the regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States.
Imminent threat to the rule of law and democracy in Bulgaria
Increased efforts to fight money laundering
Enforcement of revolving door rules by the Commission
Written questions (46)
Combating corruption - the Commission's delays
Rule of law infringement in the UK
Conditions of detention and detainees’ fundamental rights in the European Union
State aid to airlines and airports in light of the European Green Deal and COVID-19
The Commission’s decision to award a contract to BlackRock to oversee the development of ESG factors in the EU banking sector and corporate investment policies
Commission President hires PR company on private contract
Meetings with interest representatives
Recruitment of Federica Mogherini as Rector of the College of Europe
Green Deal compatibility criteria for Projects of Common Interest
TEN-E revision, TYNDP and 5th PCI list
Contact between the Commission and Augustus Intelligence
Compliance by Germany with EU legislation on public participation in environmental matters
Prosecution of NGOs in Greece
The Council’s nominations of European prosecutors for the EPPO
Crackdown on reproductive rights in Poland amid the ongoing crisis of the rule of law
Recently proposed bills in Hungary infringing on the rights of LGBTI persons
Transparency of contracts for COVID-19 vaccines
New role for Nathalie Tocci, Special Advisor to VP/HR Borrell.
Cross-border EIA procedure in connection with the extended operation of nuclear reactors in the EU
Preventive and corrective measures taken to protect the EU budget
Conflict of interest arising from appointment of Nathalie Tocci as special adviser
Contact between the Commission and Wirecard
Contract between Commission President and StoryMachine
New position of the European Defence Agency’s former Chief Executive
State of play of the Commission’s response to ‘LGBT-free zones’ in Poland
Ensuring the availability of EU funding for final recipients – Regulation No 2020/2092 on a general regime of conditionality for the protection of the Union budget
(Re-)distribution of EU funds in Hungary
Hungarian Media Authority Regulation’s censorship of LGBTI-friendly ad
Application of infringement conditionality in the case of Hungary
Technical support provided to the Bulgarian interim government
Russian intelligence operations against the Hungarian Ministry of Foreign Affairs
Access to safe abortion for women fleeing the war in Ukraine
GDPR enforcement in the light of new revelations about Google-led mass data breach for online advertising
Shortcomings in remedial measures for Hungary to protect the EU budget
Fulfilment of Polish Recovery and Resilience Facility (RRF) milestones
Activity of former Commissioner Dimitris Avramopoulos following his term of office
Selection and pre-selection of Ordo Iuris as a member of EU fund monitoring committees
Reaction to Commissioner Várhelyi at the European Parliament
Fabio Pammolli, Chairperson of the Investment Committee of InvestEU
Opacity of purchase of Vodafone Hungary by Hungarian government and surveillance-related risks
State of play of preparations for Hungary’s Council Presidency
EU funds paid to Hungary in 2023
Commission responses to document access requests
Construction materials market in Hungary – infringement proceedings
Markus Pieper’s appointment to newly created position of EU SME Envoy
Neo-Nazi marches glorifying National Socialism in Budapest on the ‘Day of Honour’
Individual motions (1)
MOTION FOR A RESOLUTION on the review of the Financial Regulation and the Commission’s guidelines on public procurement for policy-related service contracts
Amendments (1394)
Amendment 2 #
2024/2008(ACI)
Proposal for a decision
Citation 11 a (new)
Citation 11 a (new)
- having regard to its resolution of 13 July 2023 on recommendations for reform ofEuropean Parliament’s rules on transparency, integrity, accountability and anti-corruption1a, _____________ 1a Texts adopted, P9_TA(2023)0292.
Amendment 9 #
2024/2008(ACI)
Proposal for a decision
Recital D
Recital D
D. whereas the Commission presented its proposal for the establishment of an interinstitutional ethics body on 8 June 2023, putting forward a standard-setting body; whereas that Commission proposal fell far short of the ambition put forward in Parliament’s resolutions, mainly lacking in capacity to examine individual cases and potential breaches of ethical rules as well as to recommend sanctions;
Amendment 14 #
2024/2008(ACI)
Proposal for a decision
Paragraph 1
Paragraph 1
1. Welcomes the Agreement allowing forenabling the development of strong common ethical standards and the exchange of best practices, and allowing for individual cases to be examined by the independent experts at the request of an institution or an advisory body that is a party to the Agreement regarding any declaration of their Members;
Amendment 16 #
2024/2008(ACI)
Proposal for a decision
Paragraph 2
Paragraph 2
2. Underlines the fact that the final decision-making power on implementation remains with the relevant authorities of the institutions or bodies; notes that any consultation of the independent experts on an individual case begins with a request as regards its own members of a party to the Agreement as regards its own membin accordance with its internal rules; underlines that the declarations of financial interests of the Commissioners- designate, as high level cases transcending the interests of the institution concerned, should as a rule be subject to examination by the independent experts;
Amendment 17 #
2024/2008(ACI)
Proposal for a decision
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates, however, that Parliament remains fully committed to an independent ethics body, capable of carrying out investigations on its own initiative and issuing recommendations for sanctions to the responsible authorities of the participating institutions or bodies, composed of independent experts as full members, that covers Members of EU institutions and bodies before, during and after their term of office or service as well as staff, as envisaged in Parliament’s resolution of 16 September 2021 on strengthening transparency and integrity in the EU institutions by setting up an independent EU ethics body1a and reiterated in its resolutions of 16 February 2023 on the establishment of an independent EU ethics body1b and 12 July 2023 on the establishment of the EU ethics body1c; _____________ 1a OJ C 117, 11.3.2022, p. 159._ 1b Texts adopted, P9_(2023)0055. 1c Texts adopted, P9_TA(2023)0281.
Amendment 21 #
2024/2008(ACI)
Proposal for a decision
Paragraph 4
Paragraph 4
4. Regrets the unwillingness of the Council not to allow an extension ofto extend the scope of the Agreement to at least the representatives at ministerial level of the Member State holding the Presidency of the Council, by arguing that there is no legal basis in the Treaties to adopt common minimum standards applying to the representatives of Member States; commits to use the first review of the Agreement to address this legal gap and calls, in the meantime, on the upcoming Council Presidencies to voluntarily apply its provisions; is of the opinion that Members of the Council, like Members of the European Parliament, could be bound by the rules set by the Council pursuant to its power of self- organisation, which would prevail in the event of a conflict with national rules; underlines, in this context, that representatives of the Member States gathered in the Council act in their capacity as Members of the Council when adopting EU legal acts; commits to seeking a legal clarification as to whether the Council could bind its Members by common minimum standards;
Amendment 23 #
2024/2008(ACI)
Proposal for a decision
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that the resources made available must enable the proper functioning of both the actual body composed of one representative of each party to the Agreement and the five independent experts assisting the institutional representatives and joining the body as observers, as well as any necessary support therefor; regrets that according to Article 17 of the Agreement, any cost resulting from a consultation of the independent experts is to be covered by the requesting party, as this might result in a limitation of the number of such consultations;
Amendment 26 #
2024/2008(ACI)
Proposal for a decision
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes the body should rely on the existing powers of institutions to ask their members for information or on the agreement of national authorities to share information; believes that the independent experts should be able to exchange information with national authorities where necessary for the performance of their tasks, while treating such information with the same confidentiality as the originating authority did; stresses in this regard that the independent experts should have access to the administrative documents of participating parties, especially the party consulting them on a case, in order to allow them to carry out well-reasoned and well-documented assessments;
Amendment 29 #
2024/2008(ACI)
Proposal for a decision
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the interinstitutional ethics body to lead by example on transparency by publishing all recommendations, annual reports, decisions and records of spending in a machine-readable open data format available to all citizens, and in accordance with the applicable data protection rules, including, inter alia, the written opinion of the independent experts on the institutions’ self-assessments in accordance with Article 10 and the anonymised and aggregated annual account of every year which summarises in aggregated and anonymised form the consultations and questions submitted by the parties and actions to follow them up in accordance with Article 7(4); underscores the importance of protecting the privacy of the individuals concerned to an appropriate extent and the presumption of innocence; calls on the parties to the Agreement to develop common guidance for the consultation of the independent experts and the publication of their recommendations;
Amendment 30 #
2024/2008(ACI)
Proposal for a decision
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Believes that, in order to be fully effective, the interinstitutional ethics body would need to combine the functions of existing organs responsible for ethics and that therefore, for cases which require specific consideration or for the purpose of developing or updating an ethical standard each participating party should consult the independent experts;
Amendment 3 #
2023/2130(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that 21 transfers were approved by Parliament’s Committee on Budgets (‘C transfers’), in accordance with Articles 31 and 49 of the Financial Regulation, in the financial year 2022, amounting to EUR 88 449 115 or 4,09 % of final appropriations; notes that the President authorised 11 transfers (‘P transfers’) amounting to EUR 34 246 879 or 1,6 % of the 2022 budget; enquires between which budget lines these P transfers occurred; calls on the presidency to inform the Budgetary Control Committee proactively of the amounts and budget lines concerned;
Amendment 6 #
2023/2130(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the Multiannual Financial Framework Heading 7 ‘European public administration’ accounts for EUR 11.6 billion or 5,9% of the Union budget in 2022, of which Parliament accounts for EUR 2.2 billion or 18,9 %; welcomes the fact that the Court found that the level of error in spending on ‘European public administration’ was not material; calls on the Parliament to check and identify which type of transactions had a high share of errors, although below the materiality threshold and explore the changes in procedure needed to avoid and detect similar errors in the future;
Amendment 9 #
2023/2130(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the commitment of the administration to increase the guidance for political groups on the proper implementation of Parliament’s internal rules and assist them with the aim of improving their internal financial management; calls on the Secretary General to report back to the Budgetary Control Committee when new guidelines on the application of the rules on public procurement by the political groups will be revised and welcomes the fact that it will further clarify the guidelines on procurement by political groups;
Amendment 11 #
2023/2130(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the 2022 follow-up process resulted in the closure of 38 of the 92 open actions and for which the agreed due dates for implementation had expired; stresses the fact that some of the 54 remaining actions were recommended several years ago but remain unimplemented; expects the different directorates-general to ensure that the remaining actions are closed without any further delay and that the agreed actions are implemented in accordance with the due dates set in the internal auditor’s annual report; calls on the Secretary- General to report to the discharge authority twice per year on the status of the remaining actions;
Amendment 13 #
2023/2130(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Acknowledges that, in accordance with Article 118(9) of the Financial Regulation, the reports and findings of the internal auditor, as well as the report of the Union institution concerned, shall be accessible to the public after the internal auditor has validated the action taken for their implementation; welcomes the fact thatnotes that in practice the reports and findings are only published once all recommendations have been implemented; regrets that this results in a de facto delay of publication for several years; also regrets that Members may only read them internal auditor reports the secure reading room for as long as recommended measures have not been implemented; calls on the Bureau to allow Members to have immediate and full access to the internal audit reports; further calls on the Bureau to make each internal audit report available to the public one year after its finalisation, once the internal auditor has validated the actions taken to implement, calls on the internal auditor to regularly report to the Committee on Budgetary Control on the annual audit activities carried out;
Amendment 20 #
2023/2130(DEC)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Notes the procedural changes to the Parliament’s discharge; welcomes the introduction of additional hearings with Directors General; is concerned about a potential narrowing down of authorised written questions; notes the changes in the structure of the discharge report; is concerned that the new structure might mitigate certain horizontal issues and a follow-up to the implementation of certain decisions that in practice take longer than one year;
Amendment 21 #
2023/2130(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the prompt actions taken by Parliament on the events in December 2022alleged corruption scandal also known as the Qatargate; welcomes the contribution of DG PRES to the 14-point action plan proposed by the President and its efforts in implementing the new rules on integrity and transparency; further welcomes the efforts by Parliament’s political authorities to enhance transparency, integrity and accountability at Parliament but highlights that the actions and measures proposed by the 14-point have later been implemented rather hesitantly and that initially the implementation of the plan has been delegated to a secretive working group in the Constitutional Affairs Committee; stresses the importance of discussing measures related to transparency and accountability in public; calls on the administration to track the budgetary and financial impact of these measures; (This amendment is based on a recommendation from Transparency International.)
Amendment 27 #
2023/2130(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recalls that, in July 2021, Parliament, the Commission and the Council adopted an Interinstitutional Agreement (IIA) on a mandatory transparency register; notes that while introducing some principles to enhance a common culture of transparency, the IIA leaves the three signatories to implement the conditionality and subsequent complementary measures as they see fit; points out that Parliament has improved conditionality while Council’s participation remains limited;
Amendment 31 #
2023/2130(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the increased use of the transparency register as an information and reference tool for interest representation activities at Union level; notes the continuous improvement in the quality of information on the public database resulting from eligibility and data quality checks of new applicants; welcomes the regular communicwelcomes the regular communication, helpdesk and awareness-raising activities undertaken by the Secretariat among stakeholders both within the institutions and outside, as well as the development of IT solutions to improve the transparency register; notes that the quality of entries in the Transparency Register has improved over recent years and commends the role of the Joint Secretariat in that improvement, despite limited resources; regrets, however, that the overall quality entries remains unsatisfactory with the Secretariat’s targeted quality checks of 4 238 entries over the course of 2022 finding thati on, helpdesk and awareness-raising activities undertaken by the Secretariat among stakeholders both within the institutions and outside, as well as the development of IT solutions to improve the transparency register; ly 44% provided satisfactory data quality, a number similar to 2021 (+ 4%); stresses the need to allocate additional resources for the Secretariat to allow for scrutiny of the Transparency Register to ensure data quality; Calls for an expansion of its scope to include representatives of non- EU countries; (This amendment is based on a recommendation from Transparency International.)
Amendment 35 #
2023/2130(DEC)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Recalls that Rule 11 of the Rules of Procedure obliges members to publish their meetings with interest representatives; notes with great concern that in the period until 26 January 2023, 261 current Members had not published a single meeting with an interest representative on Parliament’s website; recalls that information and reminder notices on the obligation to publish meetings should be sent to all Members at regular intervals; (This amendment is based on a recommendation from Transparency International.)
Amendment 39 #
2023/2130(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls, as a consequence of the events at the end of 2022, for the establishment of robust standards on transparency and access to institutions for entities listed in the transparency register, including NGOs; recalls that NGOs were allegedly misused as vectors of foreign interference in European Parliamentarism's decision-making processes; reiterates, in this context, the need for comprehensive financial pre-screening of entities before they are listed in the transparency register;
Amendment 42 #
2023/2130(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Stresses the need for a thorough pre-check as part of registration in the transparency register to disclose all funding sources; notes that funding from Union funds must be traceable from the direct recipient to the final beneficiary when funds are passed on in a chain; calls for a revision of the guidelines for registration in the transparency register to disclose all incoming and outgoing funds, including the transfer of funds from one NGO and stakeholder to another; underlines that NGONotes that funding from Union funds must be traceable from the direct recipient to the final beneficiary; underlines that all registrants receiving money from third parties, whose registration in the transparency register is not required, need to disclose the source of their funding by specifying the same information as all regular registrants;
Amendment 46 #
2023/2130(DEC)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Considers roll call votes (RCV) to be a key instrument for transparency and accountability towards the Union’s citizens; calls for introducing automatic RCV to any final vote except for secret ballots, and for increasing the number of RCV that are possible for a political group to ask for per part-session in Rule 190-2, or exempting legislative files from that limitation;
Amendment 72 #
2023/2130(DEC)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Recalls that, on 13 January 2020, the Bureau approved new and more ambitious targets for gender balance at the senior and middle management levels of Parliament’s administration to be achieved by 2024, meaning that women should occupy 50% of head of units posts, 50% of director posts and 40% of director-general posts; notwelcomes that in 2022, women occupied 28.6 % of director-general posts, 50.8 % of director posts, and 43.5 % of head of unit posts 43.5% of heads of unit and 50,8% of directors are women, while the percentage of women occupying director-general positions has increased from 15.4% to 28.6% since 2021;
Amendment 84 #
2023/2130(DEC)
Motion for a resolution
Paragraph 55 a (new)
Paragraph 55 a (new)
55a. Regrets that the applicable rules currently prohibit APAs to accompany Members on official Parliament delegations and committee missions; points out that the technical support that APAs provide during missions is of key importance to the participating Members, in particular when they are involved in the organisation or play a specific role; is concerned that this situation in practice leads to Members to resort to financing APAs’ travel with the general expenditure allowance and obliges APAs to use their annual leave, thus jeopardising their insurance coverage, urges the Bureau and the Conference of Presidents to change the current rules to allow APAs, under certain conditions yet to be determined, to accompany Members on official Parliament delegations and missions as reiterated by several discharge resolutions; and by doing so remedy a situation where existing rules are not followed, posing a risk to APAs and a serious reputational risk for Parliament;
Amendment 89 #
2023/2130(DEC)
Motion for a resolution
Paragraph 55 b (new)
Paragraph 55 b (new)
55b. Reiterates that APAs accompanying Members to the part sessions in Strasbourg, should be issued a mission order and be reimbursed in accordance with the applicable rules;
Amendment 96 #
2023/2130(DEC)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58a. Notes that out of the 459 Members of the 8th parliamentary term, who were not re-elected in 2019, only a single notification of post-mandate employment was submitted to Parliament (Article 6 of the Code of Conduct); welcomes the prohibition for former Members to engage in lobbying activities during the six months after the end of their mandate and the introduction of a procedure in the event of non-compliance; applauds that it is no longer possible to issue a lobbyist badge to a former Member within the six- month period following the end of their mandate and that their former Member badge is deactivated if a lobbyist badge is issued to the former Member after this period; notes that in 2022, out of the 199 officials who left service, 65 requested permission for an activity after leaving the service (Article 16 of the Staff Regulations); calls on Parliament to establish stronger rules to regulate revolving doors for Members and civil servants; (This amendment is based on a recommendation from Transparency International.)
Amendment 104 #
2023/2130(DEC)
63. Welcomes DG INLO’s commitment to putting in place environmentally sustainable solutions; notes that, in 2022, Parliament generated over 19 % of its own energy from renewable sources; notes that, at the end of 2022, Parliament terminated the leasewelcomes the conduction of a study on on-site electricity production in Strasbourg in 2022 and the subsequent and ongoing implementation of 1 400 m2 of photovoltaic panels ofn the Schuman building due to the fact that it was not energy efficient and was no longer neededPFLIMLIN, DE MADARIAGA, and CHURCHILL buildings. Stresses that Parliament could share this energy with the city of Strasbourg when Parliament’s premises are mostly empty; calls on the Bureau to also consider renting the roofs’ surfaces to external users for the installation of solar panels and thereby use it as an additional source of income for Parliament;
Amendment 105 #
2023/2130(DEC)
Motion for a resolution
Paragraph 63 a (new)
Paragraph 63 a (new)
63a. Notes that, at the end of 2022, Parliament terminated the lease of the Schuman building due to the fact that it was not energy efficient and was no longer needed; is concerned by the poor energy-performance of the TREVES II building, of which the energy performance certificate indicates an annual primary energy consumption equivalent to class E, and notes that the last renovation of the building dates back to 2000; calls on Bureau to approve the necessary renovations to improve the energy performance of the building in line with applicable energy efficiency regulations before the building is put to the use by the Parliament in 2025;
Amendment 107 #
2023/2130(DEC)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Welcomes Parliament’s efforts to encourage staff to use sustainable means of transport for commuting by putting traditional and electric bicycles at their disposal free of charge and by reimbursing part of the cost of public transport tickets in exchange for limiting access to the car park; welcomes the new scheme offering a 90% price reduction for the Brussels seasonal public transport tickets which has led to an 26.57%increase of staff using a seasonal ticket co-funded by the Parliament;
Amendment 109 #
2023/2130(DEC)
Motion for a resolution
Paragraph 66 a (new)
Paragraph 66 a (new)
66a. Welcomes the possibility for staff to use rent standard and electric bikes during the part-time sessions in Strasbourg; welcomes the expansion of the bicycle fleet; regrets that in practice the bikes are fully booked out days in advance; calls on Parliament to examine the possibility for offering more rental bikes in Strasbourg and extending the timeframes for their pick-up to meet the demand by Members and staff and contribute to enhancing sustainable mobility;
Amendment 110 #
2023/2130(DEC)
Motion for a resolution
Paragraph 66 b (new)
Paragraph 66 b (new)
66b. Welcomes that the percentage of zero-emission or plug-in hybrid cars in the people transport service fleet has increased from 81% in 2021 to 97% in 2022;
Amendment 111 #
2023/2130(DEC)
Motion for a resolution
Paragraph 66 c (new)
Paragraph 66 c (new)
66c. Points out that on average 25% of the seats available in on the vehicle fleet commuting between Brussels and Strasbourg for plenary sessions seats were unoccupied in 2022. Reiterates its call on Parliament’s administration to widen the user group and allow Parliament’s staff to travel to and from Strasbourg with the service fleet without the presence of a Member, while making sure that Members’ seats are secured;
Amendment 112 #
2023/2130(DEC)
Motion for a resolution
Paragraph 66 d (new)
Paragraph 66 d (new)
66d. Regrets that the charter trains offered by Parliament for the commute between Brussels and Strasbourg are in practice booked out many days in advance; calls on Parliament to examine the need for an additional train;
Amendment 116 #
2023/2130(DEC)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Takes note of the measures implemented in order to lower Parliament’s energy consumption, such as reducing maximum heating temperatures in office areas and increasing minimum cooling temperatures, switching off the heating and cooling systems during the weekend and public holidays, reducing the lighting of building facades and decreasing indoor lighting levels; acknowledges that the measures are to be reassessed as the energy crisis evolves while taking into account environmental implications;
Amendment 124 #
2023/2130(DEC)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Takes note of the Bureau minutes of the additional meeting of 6 July 2022 where the Bureau took note and endorsed the results of the International Architectural Design Competition for the Renewal of the SPAAK building; notes that 5 laureates were endorsed by the Bureau; notes that no other decision was taken during 2022 on this topic and there were thus no financial consequences while at the same time stresses the increasing urgency to start the renewal works as soon as possible;
Amendment 125 #
2023/2130(DEC)
Motion for a resolution
Paragraph 73 a (new)
Paragraph 73 a (new)
73a. Notes that Parliament’s self- service canteen on the -1 floor of the Spinelli building is frequently overcrowded at peak hours, resulting in long queues and waiting times; calls on the Bureau to reflect on imposing access restrictions to the canteens in Parliament’s main buildings for external visitors and visitor groups; is concerned about the unsatisfactory price/quality ratio and particularly the lack of affordable vegetarian options; asks the administration to propose solutions to remedy that situation;
Amendment 141 #
2023/2130(DEC)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Notes with satisfaction that DG FINS was able to take advantage of the efficiency of its processes and the commitment of its staff to ensure continuity of the services for which it is responsible and the achievement of the objectives set in the concerns expressed by Members about undue delays in the processing of reimbursements witsh annual work programme; notes the concerns expressed by Members about undue delays in the processing of reimbursement average time for reimbursement of travel and subsistence allowances of up to 40 days; welcomes that Parliament is continuously modernising its processes in order to offer Members better services by applying automation, simplification and digitisation; calls for further speeding up of the workflows to provide more expedited procedures;
Amendment 143 #
2023/2130(DEC)
Motion for a resolution
Paragraph 90 a (new)
Paragraph 90 a (new)
90a. Deplores that five cases of suspected fraud by of members claiming travel reimbursements for specific means of transport while in fact using cheaper ones have been detected in 2022, with the amounts defrauded amounting to up to EUR 801 000; calls on the secretary General to inform the Budget control committee when these cases are resolved and what actions were taken against the fraudsters;
Amendment 146 #
2023/2130(DEC)
Motion for a resolution
Paragraph 95
Paragraph 95
95. Notes the announcement at the Bureau meeting of 7 March 2022 regarding the setting up of an ad-hoc Bureau Working Group on the General Expenditure Allowance (GEA), which is tasked with evaluating the implementation of the Bureau decision of 2 July 2018 establishing a list of expenses which may be defrayed from the GEA on the basis of the experience gained during the 9th parliamentary term; observes that the Bureau, at its meeting of 17 October 2022, adopted a set of amendments to the Implementing Measures for the Statute for Members (IMMS), clarifying the rules applicable to the entitlement and use of the GEA and measures aimed at increasing transparency and providing more legal certainty regarding the entitlement to the allowance; highlights that the ad-hoc Working Group was asked to take duly into account aspects of transparency, accountability and sound financial management of funds made available to Members, bearing in mind the principle of freedom and independence of the parliamentary mandate and the objective of not creating unnecessary administrative burdens for Members, their offices and Parliament’s services;
Amendment 147 #
2023/2130(DEC)
Motion for a resolution
Paragraph 95 a (new)
Paragraph 95 a (new)
95a. Stresses the fact that the members of the Bureau have not only ignored the demand of majority of the plenary for a reform of the GEA to make the expenditure more transparent and accountable but have amended the respective rules at their meeting of 17 October 2022 in a way that contradicts these demands; calls on the Bureau to revise its decision of 17 October 2022 and bring it in line with what the majority of the Members of the house have demanded on numerous occasions;
Amendment 148 #
2023/2130(DEC)
Motion for a resolution
Paragraph 95 b (new)
Paragraph 95 b (new)
95b. Points out that in 2022 there were only 32 voluntary declarations on the use of the GEA submitted by 26 Members, of which 29 contained an auditor's report; welcomes efforts by the Secretariat to encourage MEP’s to make increased use of these options;
Amendment 149 #
2023/2130(DEC)
Motion for a resolution
Paragraph 96
Paragraph 96
96. HighlightNotes that Members are free to document their use of the funds under the GEA, in detail or by type of cost, on their own or with the support of an external auditor, and; calls on members to have this information published in whole or in part on their online page on Parliament’s website in accordance with Rule 11, paragraph 2, of the Rules of Procedure of the European Parliament; welcomes that a simplified list of types of costs is integrated into the IMMS and that an amendment clarifying the possibility for Members to use the GEA in the case of exhaustion of other allowances has also been adopted;
Amendment 151 #
2023/2130(DEC)
Motion for a resolution
Paragraph 96 a (new)
Paragraph 96 a (new)
96a. Repeats its call for a reform of the GEA that would oblige Members to keep all receipts pertaining to the GEA, annually publish an overview of expenditure by category as well as an independent auditor’s opinion on the EP’s website, return the unspent share of the GEA at the end of the mandate and that would establish annual 5% sample checks of Members’ GEA expenditure by Parliament’s services; Calls for Members to be required to externally audit the GEA;
Amendment 152 #
2023/2130(DEC)
Motion for a resolution
Paragraph 96 d (new)
Paragraph 96 d (new)
96d. Notes that in 2022, 108 members paid back some of their staff allowances and Parliament is still trying to recover staff allowances from 31 additional MEPs; stresses the need to duly follow-up and impose sanctions in case recovery is not successful;
Amendment 154 #
2023/2130(DEC)
Motion for a resolution
Paragraph 96 b (new)
Paragraph 96 b (new)
96b. Notes that, in 2022, the European Anti-Fraud Office (OLAF) investigated 32 cases and the European Prosecutor’s Office (EPPO) investigated 4 cases involving Parliament on issues related to Members’ financial and social entitlements, the financing of political structures, and the discharge of professional obligations by staff (including APAs); notes that, out of 32 OLAF investigations, 5 led to a report with financial recommendations, 5 led to a final report with disciplinary recommendations, 1 led to a final report with an administrative recommendation, and 7 led to a final report which did not include any recommendations; notes that none of the EPPO investigations were concluded in 2022; asks the administration whether the recommendations made by OLAF have been fully implemented and the amounts at risk have been recovered, as well as to provide a summary, without any sensitive data, of the typology of cases investigated in order to be able to draw conclusions and make improvements;
Amendment 156 #
2023/2130(DEC)
Motion for a resolution
Paragraph 96 c (new)
Paragraph 96 c (new)
96c. Is concerned by the fact that OLAF has currently no access to Member’s offices, computers and email accounts, even when investigating cases linked to Members based on a substantiated suspicion; stresses that it is of utmost importance to have an adequate procedure for granting access to OLAF in place in cases of substantiated suspicions against individual Members; reiterates its call on the Bureau to set up such a procedure without delay;
Amendment 157 #
2023/2130(DEC)
Motion for a resolution
Paragraph 96 e (new)
Paragraph 96 e (new)
96e. Regrets that despite at least 25 breaches of the Code of Conduct by Members recorded in the past twelve years, Parliament’s Presidents have not a single time imposed a financial sanction on a Member; calls on the President to consider imposing financial sanctions when it has been proven that Members have breached the Code of Conduct to ensure the sanctions actually have a deterrent effect;
Amendment 162 #
2023/2130(DEC)
Motion for a resolution
Paragraph 104 a (new)
Paragraph 104 a (new)
104a. Welcomes the fact that the Digital Signature Portal (DiSP) allows Members to digitally sign documents, which improves efficiency, traceability and transparency to the procedures, notes that, regardless of the possibility to send signed plenary AMs to the plenary services by email or via the EP Transfer portal, signing plenary amendments is still an outdated and burdensome procedure; calls on the Bureau to take the necessary steps for introducing the possibility for Members to sign plenary amendments digitally in the future;
Amendment 168 #
2023/2130(DEC)
Motion for a resolution
Paragraph 111
Paragraph 111
111. Welcomes Parliament’s zero tolerance policy on harassment and the awareness-raising campaigns carried out; stresses that the Code of Appropriate Behaviour for Members of the European Parliament seeks to ensure that Members behave towards everyone working in Parliament with dignity, courtesy and respect and without prejudice or discrimination; recalls that in 2022, 56 MEPs participated in the training session; notesis concerned that, since November 2018, when the first sessions were offered, a total of 324only 324 (46%) current MEPs had participated in the training session, plus 56 former Members whose mandate has ended; notes that in 2022, 106 members of staff and APAs had participated in anti- harassment training courses; notes with concern that cases of harassment are still occurring regardless of the activities being carried out to eliminate harassment in the work place; notes that the reformed anti- harassment training course for members titled “How to create a good and well- functioning team” and for managers titled “Fostering a positive workplace at the EP: managing staff ethically and preventing harassment situations” will be offered from spring 2024 and welcomes the Bureau’s efforts to make the anti- harassment training session mandatory for all members as well as Heads of Unit, Directors and Directors-General;
Amendment 173 #
2023/2130(DEC)
Motion for a resolution
Paragraph 114 a (new)
Paragraph 114 a (new)
114a. Calls on its Secretary-General to publish which companies that Parliament purchases services from have an internal staff representation and which do not; calls on its Secretary-General to make it condition for further contra recalls its efforts to care for the well-being of staff of service providers with staff in Parliament’s premises over the last years; calls on its Secretary-General to designate a person who service provider employees can address that have been victim of harassment and did not find help within their own company; expects that companies have a staff representation and to have permission to publish the contracts;
Amendment 174 #
2023/2130(DEC)
Motion for a resolution
Paragraph 114 b (new)
Paragraph 114 b (new)
114b. Recalls its efforts to care for the well-being of staff of service providers with staff in Parliament’s premises over the last years; calls on its Secretary- General to designate a person who service provider employees can address that have been victim of harassment and did not find help within their own company;
Amendment 175 #
2023/2130(DEC)
Motion for a resolution
Paragraph 115
Paragraph 115
115. Recalls that staff members of the Union institutions have an obligation to report any information pointing to corruption, fraud and other serious irregularities that they discover in the line of duty; notes that Parliament recorded one case of whistleblowing in 2022; welcomes the ongoing work in 2022 to update the Internal Rules Implementing Article 22(c) of the Staff Regulations of 4 December 2015 with more comprehensive and detailed internal rules; noteswelcome that a Bureau decision regarding the internal rules on whistleblowing was adopted on 20 November 2023 and will apply from 1 December 2023; including provisions for the protection of whistleblowers, transmission of evidence to OLAF and, if appropriate, EPPO as well as deadlines for the handling of complaints; regrets, however, that these rules are still not aligned to Directive (EU) 2019/1937 of the European Parliament and of the Council; (This amendment is based on a recommendation from Transparency International.)
Amendment 176 #
2023/2130(DEC)
Motion for a resolution
Paragraph 115 a (new)
Paragraph 115 a (new)
115a. Calls for extending the mandate of the ‘advisory committee dealing with harassment complaints concerning Members’ to complaints from whistleblowers and altering the composition of the Committee in a way that ensures that a sufficient number of independent experts on whistleblowing will also sit on the panel; Calls on mandatory whistleblowing training for MEPs and for any superior, both within the administration and political groups, that would receive potential whistleblowing reports;
Amendment 180 #
2023/2130(DEC)
Motion for a resolution
Paragraph 117
Paragraph 117
117. Welcomes the decisions taken by the Bureau; recalls that the problem will still need to be addressed in the future as the fund is expected to exhaust its assets by 2027 at the latest; notes that legal assessment of the latest judgments of the Court of Justice of the European Union and their consequences for future Bureau decisions were also made available to the Members of the Bureau in order to allow them to take an informed decision; notes that there are ongoing appeals in the Court of Justice of the European Union and the matter will need to be addressed again after the judgments are handed down; asks the administration and the Bureau to guarantee that no taxpayer money is used for any future bail-out;
Amendment 5 #
2023/2122(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU has designed transparency and accountability mechanisms to ensure that EU funds awarded to non-governmental organisations (NGOs) are used effectively, efficiently and in line with the EU’s objectives, policies and financial rules enshrined in, among other places, the Financial Regulation, which lays down transparency as one of its guiding budgetary principles, requiring the Commission to make available, in an appropriate and timely manner, information on EU funds;
Amendment 8 #
2023/2122(INI)
Motion for a resolution
Recital B
Recital B
Amendment 16 #
2023/2122(INI)
Motion for a resolution
Recital D
Recital D
D. whereas an analysis of FTS data shows that grants awarded from the EU budgetEU financial commitments to NGOs, after excluding EU programmes in the field of education and research, amounted to at least EUR 2.6 billion in 2022, under direct management, across all EU programmes and funds; whereas the totfinal amount of grants awarded1a to NGOs is likely to be higher1b owing to the absence of a definition of an NGO or of clear differentiation between NGOs and not-for-profit organisations (NFPOs) in the FTS11 ; _________________ 1a If a grant includes multiple partners, the total amount appears in FTS. 1b Amendment suggested by Civil Society Europe. 11 Overall amount of grants awarded from the EU Budget to NGOs in 2022, based on FTS analysis – approx. EUR 3.7 billion.
Amendment 18 #
2023/2122(INI)
Motion for a resolution
Recital F
Recital F
F. whereas NGOall beneficiaries of EU funds are required to maintain accurate and transparent financial records, including on the use of EU funds, as they are accountable to their members, and origin of financial sources used for their functioning, as they are accountable to national authorities, their members, other public or private donors, partners and beneficiaries regarding the actions they take, the sources of their financing, including EU funds, and the decisions they take on behalf of their stakeholders; use of these funds1a; _________________ 1a Amendment suggested by Civil Society Europe.
Amendment 30 #
2023/2122(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the vital role played by NGOs in linking civil society with political decision-making in all EU policy areas; highlights, in particular, their role in implementing the EU budget and representing civil societypromoting and defending the rights and values enshrined in Article 2 of the Treaty of the European Union (TEU), and the fundamental rights under the EU Charter at European, national, regional and local levels; notes that NGOs play a key role in enabling citizens’ access to civil, political, economic, social, cultural and environmental rights; stresses, therefore, that NGOs must be protected, including through the provision and access to regular and adequate public funding at all levels; acknowledges the diversity of NGOs as regards their size, resources and staff;
Amendment 34 #
2023/2122(INI)
1 a. Highlights, in particular, the obligation that NGOs role in implementing the EU budget and representing civil society is carried out by a full respect for the EU financial rules and principles of the protection of the EU financial interests; stresses its strong believe that only the NGOs whose actions don’t go against the rights and values enshrined in Article 2 of the Treaty of the European Union (TEU), and the fundamental rights under the EU Charter, should be entitled to financing from the EU public funds;
Amendment 36 #
2023/2122(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that areas of social policy, environmthe ability to seek, secure and use resources other than the EU funds or public funds on national or local levels, including foreign resources, is essential policy and development assistance require public support beyondto the existence and operation of any NGO and an inherent part of the right to freedom of association; recalls, therefore, that NGOs should have non- mutually exclusive access to both public financial support as well as private donations at all levels;
Amendment 42 #
2023/2122(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that volunteer and civil society organisations, as described in the first paragraph, deserve the utmost respect and gratitude for the daily work they do in helping others in our society, particularly if they are supporting, for example, social work, cultural engagement, sports education, emergency aid; recognises the millions of hours of mostly low paid or even unpaid volunteer work done by thousands of volunteerindividuals and groups across Europe on a daily basis and affirms that these volunteer NGOs deserve the highest praise and support;
Amendment 45 #
2023/2122(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 50 #
2023/2122(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises the important role that NGOs play in saving and improving lives on a daily basis, as a cornerstone of society in Europe in providing much needed support to communities in various areas, including in social support,promoting the rule of law and fundamental rights, social work, culture and education, charity work, integration work, in providing health support for elderly and disabled people, in cultural fields, in cleaning, protecting and restoring the environment, in research and innovation and in many others;
Amendment 55 #
2023/2122(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that laws andin practice the legislative processes often neglect the voices of local, regional and national NGOs, while favouring the priorities of large NGOs, that the priorities and needs of smaller local and regional NGOs are often ignored or have less attention paid to them, despite the fact that these smaller and regional groups often do the majority of the work; emphasises that the work of small and regional organisations is to be paid the highest respect, as they represent the true diversity and variety of volunteer work performed acrossknow the situation best and do the majority of the work on the ground; further points out that EU funding tends to favour funding for larger NGOs or funding to international organisations given also the important but burdensome administrative and reporting requirements; calls on the European Commission to further progress on simplication and streamlining, as well as increasing regranting mechanisms, so as to enable more smaller NGOs including at the local level to apply and benefit from EU funding1a. _________________ 1a Amendment suggested by Civil Society Europe; .
Amendment 62 #
2023/2122(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Commends the crucial role of NGOs in the EU and elsewhere in defending the rule of law, fighting corruption and promoting respect for human rights and democracy; reiterates that in countries with authoritarian or non- democratic regimes, NGOs often represent the last line of defence of democracy; insists on the importance of adequate EU funding for NGOs active in these fields; 1a; _________________ 1a Amendment suggested by Civil Society Europe.
Amendment 66 #
2023/2122(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is convinced that public transparency is vital for NGOs to showcase their valuable work, be recognised and build their credibilityexcept in cases when NGOs operate in full compliance with EU values, EU financial rules and in full respect for the EU Charter of fundamental rights but operate in democratically challenged environments;
Amendment 73 #
2023/2122(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 83 #
2023/2122(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that the following findings and recommendations are based on the conclusions of the transparency and accountability study and address further weaknesses concerning the handling of EU funds by NGOs; transparency of the use of EU funds by the European Commission1a; _________________ 1a Amendment suggested by Civil Society Europe.
Amendment 92 #
2023/2122(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the term NGO is a broad umbrella term embracing many different kinds of organisation: from large international organisations to small regional or local ones, from organisations run mostly by professionals to those consisting mostly of volunteers; highlights that the subject matter covered by NGOs and the method of implementation can also vary substantially, for instance, some NGOs may do work that is highly theoretical (for example the work of some think-tanks), or political (for example politically affiliated NGOs) whereas others may be very hands-on (for example the daily work that firefighting NGOs engage in across Europe); emphasises, therefore, that different types of NGOs should be differentiated when analysing levels of transparency and efficiency, and that a better definition of NGOs should be established at the EU level; , or political, whereas others may be very hands-on; emphasises, therefore, that any additional transparency-related obligations must take into account the resources, size and staff available to an organisation, as well as the scope of their activities1a; _________________ 1a Amendment suggested by Transparency International EU.
Amendment 99 #
2023/2122(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Reiterates the call for a common definition of an NGO made in the recommendations from the 2021 Commission discharge resolution13a ; calls for a common definition of an NGO at EU level, in particular for NGOs receiving EU funding; is of the opinion that this definition should provide minimum common conditions for definwelcomes the NGO definition as proposed in the draft regulation amending the Financial Regulation, referring anto NGO; considers that such minimum conditions must include the form of an organisation, the objectives it pursues, its level of formal or institutional existence, the accountability of its structures to its members or donors, its level of independence from government, other public authorities, political parties or commercial organisations,s as ‘voluntary, independent from government, non-profit organisation, which is not a political party or a trade union’1b; _________________ 1a Texts adopted, P9_TA(2023)0137. 1b Proposal for a Regulation of the European Parliament and of the commerCouncial or professional objectives it pursues on behalf of its members; _________________ 13 Texts adopted, P9_TA(2023)0137. n the financial rules applicable to the general budget of the Union (recast), 2022/0162 (COD), Art 2 (48).
Amendment 104 #
2023/2122(INI)
Amendment 113 #
2023/2122(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the spectrum of NGOs receiving EU funding covers a wide range of structures, ways of functioning, sources of financing and focus areas, which translates into a variety of projects that are financed with taxpayers’ money; notes that the Commission uses the terms NGOs and NFPOs without a clear definition in the FTS; regrets that all this can sometimes results in a lack of public transparency in the allocation and monitoring of EU funds and might lead to a lack of public trust; misperception of the volume of funding for NGOs; Suggests introducing distinction for nonprofit entities such as foundations, universities, professional organisations1a; _________________ 1a Amendment suggested by Civil Society Europe.
Amendment 121 #
2023/2122(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is concerned about possible cases of fraud and irregularities, double funding, corruption or money laundering and conflicts of interest, notably in situations where NGOs thatbeneficiaries of EU funds are members of different international networks or platforms that also receive EU funding are at risk of conflicts of interest, double funding, corruption or money laundering; is concerned about the lack of publicly available data on the fraud cases involving NGOs; calls on the European Anti-Fraud Office (OLAF) to compile and provide such data to Parliament and the ECA and to draw up a list of NGOs that have broken the law; calls on the Commission to make Early Detection and Exclusion System (EDES) fully operational to allow for an efficient exclusion of all EU funds beneficiaries in breach of the EU Financial Regulation, from the further access to EU public funds;
Amendment 128 #
2023/2122(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned that public transparency requirements can be circumvinsuficiented, especially when money is passed along a chain and used to fulfil the purposes of other donors; highlights that the FTS does not provide any information about how EU funding sub-granted under indirect and shared management is distributed among NGOs, on what basis or for what purpose; considers this highly problematic, as large amounts of funding are committed through indirect and shared management; calls on the Commission to verify the re-allocation of funds and their use by the final beneficiary by imposing appropriate reporting and publication requirements in line with annual reporting by the Member States and the Commission on the implementation of the European structural and investment fundco-fund joint projects with other donors;
Amendment 134 #
2023/2122(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Highlights that the FTS does not provide information about how EU funding sub-granted under shared management is distributed down the line; considers the risk their actions might go against the rights and values enshrined in Article 2 of the Treaty of the European Union (TEU) or the fundamental rights under the EU Charter; calls on the Commission to verify the allocation of large amounts of funding committed through shared management and their use by the final beneficiary by imposing appropriate reporting and publication requirements in line with annual reporting by the Member States and the Commission on the implementation of the European structural and investment funds;
Amendment 143 #
2023/2122(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Regrets that a lack of transparency makes it possible for powerfulthe system in place can not fully prevent foreign actors to establish, fund and/or co-opt EU-funded NGOs in multiple Member States to promote false narratives, including through disinformation, apparently in order to influence EU policy through different actors, as happened in Qatargate; underlines that the EU budget must not be used to lobby against the EU’s democratic principles and values; reiterates that foreign influence on EU policymaking may be possible through NGOs; calls on the Commission to require NGOs in receipt of EU grants to publish details of any funding received fromcalls on the European institutions to improve the implementation of their transparency standards, including the obligatory reporting of lobbying activities, as addition to other measources in relation to projects co-financed by the EU over a five-year period14 ; _________________ 14 See: transparency and accountability study, recommendation 2.to improve transparency of EU funds beneficieries, as described in this report;
Amendment 152 #
2023/2122(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for national lobby registry laws to also require the disclosure of donors and their international financial chains;
Amendment 159 #
2023/2122(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that certain organisations that engage in illegal activities and act against the EU’s values have been registered and are operating in Member StateMember States are responsible for registration and control and reporting of cases of detection of fraud, misuse of funds or money laundering convictions or ongoing investigations; believes that national administrations, which are closer to the ground, must assume responsibility for being the first effective layer that could stop organisations that are acting illegallyagainst illegal acts or and against EU rules;
Amendment 161 #
2023/2122(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on national authorities to take legal and administrative measures that facilitate action at EU level and make it easier and quicker for the Commission to include such organisations in the Early Detection and Exclusion System (entities concerned in the EDES) and exclude them from EU funding; calls for such a requirement for Member States to be included in the proposal for an NGO regulation;
Amendment 171 #
2023/2122(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Regrets that public transparency is negatively impacted by the publication of data in the FTS is published with a delay of between 6 and 18 months; calls on the Commission to publish information about EU grants awarded to NGOs no later than 6 months after the date on which the grant was awarded15 , including funding received from other sources, such as foundations; calls on the Commission to develop and integrate data validation tools so that the FTS data validation process is automatic and continuous, is quicker and consumes fewer resources16 ; _________________ 15 See: transparency and accountability study, recommendation 5. 16 See: transparency and accountability study, recommendation 7.
Amendment 178 #
2023/2122(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Criticises thoseRaises concern and points to the higher financial and legal risks in situations in which substantial co-funding is awarded from the EU budget to NGObeneficiaries that are clearly and predominantly financed by non-EU states, networks or foundations and that deliver research that regularly negatively impacts European industry and transport providers; urges the Commission to trace the flow of funds from the first donor in order to prevent damage to the EU economy;
Amendment 186 #
2023/2122(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Regrets that the Commission’s systems are not very transparent and that their data differuse different conventions to identify beneficiaries of projects and grants, resulting in differing data, making it difficult to reconcile information from different publicly accessible Commission portals and databases, because they use different conventions to identify beneficiaries of projects and grants; recommends that the Commission establish harmonised rules and standardise the layout and functionalities of programme-specific databases;
Amendment 193 #
2023/2122(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to use a common unique entity, such as a unique participant identification code, and project identification keys across all portals and databases, including on beneficiaries’ websites, to facilitate the reconciliation of publicly available information provided by different systems and websites; calls on the Commission to provide all NGO grant beneficiaries with code that extracts five years of funding data directly from the FTS and includes links to the corresponding project entries in the Commission’s programme databases17 ; _________________ 17 See: transparency and accountability study, recommendation 19.
Amendment 200 #
2023/2122(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Observes inconsistencies in the content and extent of the information displayed on project websites and notes NGOs’ insufficient clarity on grant distribution among partners and on the connection to pertinent Commission databases; calls for a more proactive approach from NGOs to public transparency that goes beyond the current minimal requirements for EU grant funding18 on the connection to pertinent Commission databases; calls for a clearer and more systematic presentation of information on NGO and EU-funded project websites on the grant funding received from the EU and from other sources for both specific projects and overall, and on project objectives, results and impact; _________________ 18 See: transparency and accountability study, recommendation 17.;
Amendment 210 #
2023/2122(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, although the mainstreaming of the eGrants system as a common grants management tool and applicant registration system across Commission services has improved the quality and completeness of FTS data, more effort needs to be made to improve the reliability of such data; is concerned that there are still continuing shortcomings in terms of consistency in existing Commission transparency portals and systems; further calls for a more user- friendly FTS that is linked to the Transparency Register and compatible with specific programmes’ databases, and highlights that it should include final payments and a clear definition of NGOs, making it possible to identify beneficiaries by category; requests that the Commission prepare a proposal for further administrative action by 1 June 2024;
Amendment 212 #
2023/2122(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the Commission’s proposal to set up, based on Article 36 of the Financial Regulation, a singlecentralised, interoperable IT system for data mining and risk scoring to improve the efficiency of the internal control of budget implementation; underlines that this system must not only include recipients’ data, but also the data of beneficial owners in accordance with Directive (EU) 2015/84919 ; calls for this system to include risk indicators based on data from the EDES under all management modes; _________________ 19 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, OJ L 141, 5.6.2015, p. 73.
Amendment 217 #
2023/2122(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Demands that the guidelines for contracting external expertise, including by the political groups, better emphasise that onlyany funding of organisations that work based on verifiable facts are eligible for funding; demands that the recipients enter into a correspondinghave acted against the rights and voaluntary commitment prior to funding and that the Commission and the ECA carry out corresponding random checks; rejects any funding of organisations that have demonstrably spread false information and/or whose goals are directed against the fundamental values and recognised principles of the EU’s social market economyes enshrined in Article 2 of the Treaty of the European Union (TEU), and the fundamental rights under the EU Charter is non-eligible;
Amendment 222 #
2023/2122(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 228 #
2023/2122(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 233 #
2023/2122(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Notes thatRegrets the coexistence of reporting obligations and accounting practices at the national and EU levels may lead to a disproportionate administrative burden for NGOs; calls on the Commission to ensure that reporting obligations at the EU and national levels are consistent in order to guarantee easier monitoring of the fulfilment of obligations, especially for smaller NGOs; calls on the Commission to develop a common monitoring system to identify final beneficiaries, as is already the case in regional policy; recommends that such a system should be based on the monitoring principles under shared management that apply to EU Member States; calls also for an enhanced dialogue among the European Commission and NGOs beneficiaries of EU funding on how to reduce excessive burden1a; _________________ 1a Amendment suggested by Civil Society Europe.
Amendment 240 #
2023/2122(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to ensure that all applicants or beneficiaries of EU funding, including NGOs, are required to publish annually the number of lobbying contacts they have, along with their nature and their monetary value; reiterates in this context the need for a comprehensive financial pre-screening of these entities before they are listed in the EU transparency register; calls for a transparency officer to be placed in allfor introduction of a specialised training on transparency rules for both EP staff and MEPs to assure at least one member of the EP staff in every committee secretariats and relevant administrative units; recalls that, according to the transparency register guidelines, changes in the data provided should be communicated as soon as they occur and, in any case, within three months; insists that any changes in the board or leadership of EU-funded NGOs should also be recorded in the and at least one MEP and a member of staff in political groups take on a role of a 'transparency officer', responsible for advising on EP transparency registerules;
Amendment 248 #
2023/2122(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 259 #
2023/2122(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Recalls the recommendations from the 2021 Parliament discharge resolution22 calling for a revision of the EU transparency register and its guidelines to require the disclosure of details on all funding sources from registered organisations, including the shares held in other companies, and to allow EU funds to be traced from the direct recipient to the final beneficiary when funds are passed along a chain, including when funds from one NGO or stakeholder are transferred to another; _________________ 22 Texts adopted, P9_TA(2023)0138, paragraph 74.
Amendment 264 #
2023/2122(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 273 #
2023/2122(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
Amendment 279 #
2023/2122(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
Amendment 287 #
2023/2122(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Reiterates its call in the 2021 Commission discharge resolution24 for the creation of a public blacklist of NGOs that have engaged in activities such as hate speech, incitement to terrorism, religious extremism, supporting or glorifying violence or spreading unfounded scientific statements or that have misused or misappropriated EU funds and are listed in the EDES database in order to ensure that theyto ensure that EU funds beneficiaries, listed in the EDES database, are blocked from access to EU institutions and EU funding programmes; expects a proposal on this to be put forward by the Commission no later than 1 July 2024; _________________ 24 Texts adopted, P9_TA(2023)0137, paragraph 19.
Amendment 294 #
2023/2122(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
Amendment 298 #
2023/2122(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
Amendment 306 #
2023/2122(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 19 #
2023/2095(REG)
Rule 35 – paragraph 6
6. The Quaestors shall keep a public register of the intergroups and of the declarations referred to in paragraph 4. The QuaestorsBureau shall adopt detailed rules on that register and on those declarations and their publication on Parliament’s website.
Amendment 20 #
2023/2095(REG)
Rule 35 a (new)
Amendment 21 #
2023/2095(REG)
Rule 176 – paragraph 1 – subparagraph 1
In serious cases of breach of Rule 10 (2) to (9), Rule 35 or Rule 35a, the President shall adopt a reasoned decision imposing upon the Member concerned the appropriate penalty in accordance with this Rule. Where there is reason to believe that the President may have breached those provisions, one of the Vice-Presidents determined in accordance with their order of precedence shall assume the President’s role for the tasks laid down in this Rule.
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 23 #
2023/2095(REG)
Rule 176 – paragraph 4 – subparagraph 1 a (new)
In cases of serious or repeated breaches, the penalty shall at least consist of one of the measures listed in points (b) to (e).
Amendment 24 #
2023/2095(REG)
Annex I – Article 2 – paragraph 1 – point c
(c) not engage in paid professional lobbying directly linked to the Union decision-making processlobbying activities, including consulting and other services for entities falling under the scope of the Interinstitutional Agreement on a mandatory transparency register.
Amendment 25 #
2023/2095(REG)
Annex I – Article 2 – paragraph 1 – point c
(c) not engage in paid professional lobbying directly linked to the Union decision-making processactivities on behalf of entities falling under the scope of the Interinstitutional Agreement on a mandatory transparency register.
Amendment 26 #
2023/2095(REG)
Annex I – Article 3 – paragraph 1
1. A conflict of interest exists where the exercise of the mandate of a Member of the European Parliament has a personal interest that could improperly influence the performance of his or her duties as a Memberin the public interest may be improperly influenced for reasons involving his or her family, emotional life, economic interest or any other direct or indirect private interest. 1a. A financial conflict of interest exists when a Member’s exercise of the mandate would further a person’s private interests, including his or her own or his or her spouse’s or common-law partner’s or registered partner’s or parents or children’s private interests, when the member’s actions result, directly or indirectly, in situations such as: (a) an increase in, or the preservation of, the value of the person’s assets; (b) the extinguishment, or reduction in the amount, of the person’s liabilities; (c) the acquisition of a financial interest by the person; (d) an increase in the person’s income; (e) the person becoming a director or officer in a corporation, association or trade union; and (f) the person becoming a partner in a partnership. For points (a) to (d), a conflict of interest shall only exist when the total financial benefit of all the Member's activities related to the specific conflict of interest exceeds EUR 2 500 gross in a calendar year. 1b. A conflict of interest does not exist where a Member benefits only as a member of the general public or of a broad class of persons.
Amendment 27 #
2023/2095(REG)
Annex I –Article 3 – paragraph 2
2. Any Member who finds that he or she has a conflict of interest shall immediately take the necessary steps to address it, in accordance with the principles and provisions of this Code of Conduct. If the Member is unable to resolve the conflict of interest, he or she shall report this to the President in writing. In cases of ambiguity, the Member may seek advice in confidence froms shall make every reasonable effort to detect conflicts of interest. A Member who becomes aware of having a conflict of interest shall immediately endeavour to resolve it. If unable to resolve it, the Member shall make sure that the private interest concerned is declared in accordance with Article 4 and shall inform the President and the Advisory Committee on the Conduct of Members, established under Article 7 about the conflict of interest in writing.
Amendment 28 #
2023/2095(REG)
Annex I – Article 3 – paragraph 3
3. Without prejudice to paragraph 2, Members shall disclose, before speaking or voting in plenary or in one of Parliament’s bodies, or if proposed as a rapporteur, any actual or potentany financial conflict of interest in relation to the matter under consideration, where such conflict is not evident from the information declared pursuant to Article 4. Such disclosure shall be made in writing or orally to the chair durorally by intervening ing the parliamentary procsitting or meedtings in question concerned.
Amendment 29 #
2023/2095(REG)
Parliament's Rules of Procedure
Annex I – Article 3 – paragraph 3 a (new)
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 financial conflict of interest in relation to the responsibilities of that office. If the Member is aware of having such a financial 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 financial conflict of interest does not prevent the Member from exercising his or her mandate in the public interest. When such a financial 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, unless the respective body decides that the financial conflict of interest does not prevent the Member from exercising his or her mandate in the public interest.
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 31 #
2023/2095(REG)
Parliament's Rules of Procedure
Annex I – Article 3 – paragraph 3 b (new)
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 financial conflict of interest in relation to respectively the report or opinion or the delegation or negotiations in question. If the Member is aware of having such a financial 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 financial conflict of interest, the respective committee may decide by a majority of the votes cast that the Member may nevertheless be appointed as a rapporteur on the ground that the conflict does not prevent the Member from exercising his or her mandate in the public interest. 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 financial conflict of interest, the respective political group may decide that the Member may nevertheless be designated as a shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations on the ground that the conflict does not prevent the Member from exercising his or her mandate in the public interest. The respective body may, however, oppose this designation by a majority of two thirds of the votes cast.
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 33 #
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, the name of the client as well as the field and the nature of the activity; where there is a statutory duty of confidentiality, the field of the client's activity may be declared instead of its name,
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 35 #
2023/2095(REG)
Annex I – Article 4 – paragraph 5
5. If the President receives information, which leads him or her to believe that the declaration of financialprivate interests of a Member is substantially incorrect or out of date, the President mayshall request clarification from the Member. In the absence of a satisfactory clarification, the President shall consult the aAdvisory cCommittee provided for in Article 7. Where appropriate,If the Advisory Committee concludes that the declaration does not comply with this Code of Conduct, it shall recommend to the President shallto request the Member to correct his or her declaration within 10 days. The Bureau may adopt a decision applying paragraph 4 to Members who do not comply with the President’s correction request. If, taking into account that recommendation, the President concludes that the Member has breached this Code of Conduct, he or she shall request the Member to correct the declaration within 15 calendar days.
Amendment 36 #
2023/2095(REG)
Annex I – Article 4 a (new)
Article 4a Declaration of assets Members shall declare their assets and liabilities at the beginning and end of every term of office. The Bureau shall lay down the list of categories of assets and liabilities to be declared and shall draw up the form for the declaration. Such declarations shall be submitted to the President and shall be accessible only to the relevant authorities, without prejudice to national law.
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 39 #
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, within 30 calendar days after the meeting took place, all 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 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 41 #
2023/2095(REG)
Annex I – Article 5 b (new)
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 43 #
2023/2095(REG)
Annex I – Article 7 – paragraph 2 – subparagraph 1
The Advisory Committee shall be composed of five members, appointed by the President at the. Those members shall be experts elected by the plenary on a proposal of at least 38 Members who are nationals of at least two Member States and belong to at least three political groups. The experts must beg inning of hdependent, chosen on the basis or f their term of office from amongst the memberscompetence, experience and professional qualities, as well as their personal integrity, have an impeccable record of ethe Committee on Constitutional Affairs ical behaviour and provide a declaration of the absence of conflicts of interest. They shall be nominated and elected by applying mutatis mutandis the Committee on Legal Affairs, taking due accouprocedure laid down in Rule 231(1) to (8) of the Rules of Procedure. The experts proposed can be chosen from among former Judges of the Court of Justice of the European Union and of the Court of Auditors, former presidents of the Members' experience and of political balanceEuropean Anti-Fraud Office (OLAF), former members of the highest courts of Member States, and members of the ethics authorities in Member States.
Amendment 44 #
2023/2095(REG)
Annex I – Article 7 – paragraph 2 – subparagraph 1
The Advisory Committee shall be composed of five members, appointed by the President at the beginning of his or her term of office from amongst the members of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking gender- balanced and composed of nine members. Five of those members shall be Members of the European Parliament. Those members shall be elected by the plenary for a term of 5 years on a proposal of the President, taking due account of the Members' experience, of their record of ethical behaviour, and of political balance. The other four members shall be external experts. They must be independent, chosen on the basis of their competence, experience and professional qualities, as well as their personal integrity, have an impeccable record of ethical behaviour and provide a declaration of the absence of conflicts of interest. The expert members shall be nominated by applying mutatis mutandis the procedure account of the Members' experience and of political balanclaid down in Rule 231(1) to (5) of the Rules of Procedure. The expert members shall be elected by applying mutatis mutandis the procedure laid down in Rule 17(1) of the Rules of Procedure.
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 46 #
2023/2095(REG)
Annex I – Article 7 – paragraph 2 – subparagraph 2
Amendment 47 #
2023/2095(REG)
Annex I – Article 7 – paragraph 2 – subparagraph 2
Amendment 48 #
2023/2095(REG)
Annex I – Article 7 – paragraph 3 – subparagraph 1
The President shall also, at the beginning of his or her term of office, appoint reserve members for the Advisory Committee, one for each political group not represented in the Advisory Committee.
Amendment 49 #
2023/2095(REG)
Annex I – Article 7 – paragraph 3 – subparagraph 2
In the event of an alleged breach of this Code of Conduct by a member of a political group not represented in the Advisory Committee or in the event of a request pursuant to paragraph 4 concerning such a member, the relevant reserve member shall serve as a sixtenth full member of the Advisory Committee for the purposes of investigation of that alleged breach.
Amendment 50 #
2023/2095(REG)
Annex I – Article 7 – paragraph 3 – subparagraph 2
In the event of an alleged breach of this Code of Conduct by a member of a political group not represented in the Advisory Committee, the relevant reserve member shall serve as a sixth full member of the Advisory Committee for the purposes of investigation and assessment of that alleged breach.
Amendment 51 #
2023/2095(REG)
Annex I – Article 7 – paragraph 4 – subparagraphs 2 a and 2 b (new)
Amendment 52 #
2023/2095(REG)
Annex I – Article 7 – paragraph 4 – subparagraphs 2 a and 2 b (new)
Alleged breaches of this Code of Conduct may be signalled directly to the Advisory Committee, while also informing the President. The Advisory Committee shall assess them, based on a pre-screening of its secretariat, and advise the President on possible action to be taken. A dedicated system for the signalling of alleged breaches by any person shall be established and shall be accessible on Parliament’s website, while maintaining confidentiality of those signalling the alleged breach. The Advisory Committee shall proactively monitor compliance by Members with this Code of Conduct and its implementing measures. It shall, on its own initiative, signal to the President, together with a recommendation of an action to be taken, any possible breaches of those provisions.
Amendment 53 #
2023/2095(REG)
Annex I – Article 7 – paragraph 6 a (new)
6a. The Advisory Committee shall be supported by a well-resourced secretariat.
Amendment 54 #
2023/2095(REG)
Annex I – Article 8 – paragraph 1
1. Where there is reason to thinkbelieve that a Member of the European Parliament may have breached this Code of Conduct, the President shall, except in manifestly vexatious cases, refer the matter to the Advisory Committee. Where there is reason to believe that the President may have breached this Code of Conduct, one of the Vice-Presidents determined in accordance with their order of precedence shall assume the President’s role for the tasks laid down in this Article.
Amendment 55 #
2023/2095(REG)
Annex I – Article 8 – paragraph 2 – subparagraph 1
The Advisory Committee shall examine the circumstances of the alleged breach, and may hear the Member concerned. Based on its findings, it shall make a recommendation to the President concerning a possible decision. mprising, where appropriate, a penalty, which may consist of one or more of the measures listed in Rule 176(4), (5) and (6) of the Rules of Procedure, and the detailed reasoning for the recommended penalty. In cases of serious or repeated breaches, the recommended penalty shall at least consist of one of the measures listed in Rule 176(4), points (b) to (e) of the Rules of Procedure.
Amendment 56 #
2023/2095(REG)
Annex I – Article 8 – paragraph 3 – subparagraph 1
If, taking into account that recommendation, and having invited the Member concerned to submit written observations, the President concludes that the Member concerned has breached theis Code of Conduct, he or she shall adopt a reasoned decision laying down a penalty. The President shall notify that Member of the reasoned decisionimposing a penalty and including the detailed reasoning for the decision. The President shall notify that Member of the reasoned decision. The President shall adopt the reasoned decision within 30 calendar days after receiving the recommendation of the Advisory Committee. In justified cases, the President may once request the Advisory Committee to authorise a prolongation of this period by another 30 calendar days. If the President fails to adopt a reasoned decision within the deadline set out in the second subparagraph, the recommendation shall be deemed to have been approved.
Amendment 57 #
2023/2095(REG)
Annex I – Article 8 – paragraph 3 – subparagraph 2
The penalty may consist of one or more of the measures listed in Rule 176(4) to (6) of the Rules of Procedure. In cases of serious or repeated breaches, the recommended penalty shall at least consist of one of the measures listed in Rule 176(4), points (b) to (e) of the Rules of Procedure.
Amendment 58 #
2023/2095(REG)
Annex I – Article 8 – paragraph 3 a (new)
3a. Where there is reason to believe that the President may have breached this Code of Conduct, the Advisory Committee shall decide whether to assess this case on its own initiative. In such cases, recommendations shall be forwarded to the Bureau and decided by it. The procedure and deadlines in this Article shall apply mutatis mutandis.
Amendment 59 #
2023/2095(REG)
Annex I – Article 8 – paragraph 4 a (new)
4a. Once the penalty becomes final, the President’s decision together with the conclusion of the recommendation of the Advisory Committee shall be published prominently on Parliament’s website. This shall include the detailed reasoning of the decision and the recommendation.
Amendment 5 #
2023/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 9 #
2023/2028(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to the Council Recommendation of 12 March 2021 on Roma equality, inclusion and participation (2021/C93/01) of 12 March 2021,
Amendment 11 #
2023/2028(INI)
Motion for a resolution
Citation 18
Citation 18
– having regard to the Commission communication of 13 July 2022 entitled ‘2022 Rule of Law Report – The rule of law situation in the European Union’ (COM(2022)0500), the 27 country chapters and its accompanying recommendations to Member States,
Amendment 13 #
2023/2028(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
– having regard to the Commission communication of 5 July 2023 entitled ‘2023 Rule of Law Report – The rule of law situation in the European Union’ (COM(2023)800), the 27 country chapters and its accompanying recommendations to Member States,
Amendment 14 #
2023/2028(INI)
Motion for a resolution
Citation 20
Citation 20
– having regard to the proposal for a directive of the European Parliament and of the Council of 27 April 2022 on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (‘Strategic lawsuits against public participation’) (COM(2022)0177) (‘the anti-SLAPP directive’), and its accompanying recommendation,
Amendment 15 #
2023/2028(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
– having regard to the proposal for a Regulation of the European Parliament and of the Council of 12 September 2022 on establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU (COM(2022)0277) (‘the Media Freedom Act’), and its accompanying recommendation on internal safeguards for editorial independence and ownership transparency in the media sector,
Amendment 16 #
2023/2028(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
– having regard to the proposal for a Council Regulation of 7 December 2022 on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood (COM(2022) 695),
Amendment 17 #
2023/2028(INI)
Motion for a resolution
Citation 23
Citation 23
– having regard to the reports of the EU Agency for Fundamental Rights (FRA), in particular its fundamental rights reports for the year 2022, and 2023, including its country specific reports,
Amendment 18 #
2023/2028(INI)
Motion for a resolution
Citation 25
Citation 25
– having regard to the UN instruments on the protection of human rights and fundamental freedoms, including the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities, the recommendations and reports of the UN Universal Periodic Review, the case-law of the UN treaty bodies and the special procedures of the Human Rights Council,
Amendment 19 #
2023/2028(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to the UN 2030 Agenda for Sustainable Development,
Amendment 20 #
2023/2028(INI)
Motion for a resolution
Citation 25 b (new)
Citation 25 b (new)
– having regard to the recommendations and reports of the Office for Democratic Institutions and Human Rights, the High Commissioner on National Minorities and other bodies of the Organization for Security and Co- operation in Europe,
Amendment 21 #
2023/2028(INI)
Motion for a resolution
Citation 25 c (new)
Citation 25 c (new)
– having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the case-law of the European Court of Human Rights (ECtHR),
Amendment 29 #
2023/2028(INI)
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
– – having regard to the European Social Charter,
Amendment 30 #
2023/2028(INI)
Motion for a resolution
Citation 28 b (new)
Citation 28 b (new)
– having regard to the European Pillar of Social Rights, including its third principle on equal opportunities, and to the Commission communication of 4 March 2021 on the European Pillar of Social Rights Action Plan’ (COM(2021)0102)
Amendment 31 #
2023/2028(INI)
Motion for a resolution
Citation 28 c (new)
Citation 28 c (new)
– having regard to the statements, recommendations and reports of the Council of Europe Commissioner for Human Rights,
Amendment 32 #
2023/2028(INI)
Motion for a resolution
Citation 28 d (new)
Citation 28 d (new)
– having regard to the recommendations and reports of the Council of Europe, in particular of the Venice Commission, the European Commission against Racism and Intolerance (ECRI), GREVIO and GRECO,
Amendment 33 #
2023/2028(INI)
Motion for a resolution
Citation 28 e (new)
Citation 28 e (new)
– having regard to its resolution of 17 September 2020 entitled ‘The implementation of National Roma Integration Strategies: combating negative attitudes towards people with Romani background in Europe’1aa; _________________ 1aa OJ C 385, 22.9.2021, p. 104.
Amendment 38 #
2023/2028(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
– having regard to its resolution of 5 May 2022 on ongoing hearings under Article 7(1) TEU regarding Poland and Hungary1a _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0204_EN.html
Amendment 42 #
2023/2028(INI)
Motion for a resolution
Citation 38 a (new)
Citation 38 a (new)
– having regard to its decision of 18 October 2022 on discharge in respect of the implementation of the budget of the European Border and Coast Guard Agency for the financial year 20201b _________________ 1b https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0362_EN.html
Amendment 43 #
2023/2028(INI)
Motion for a resolution
Citation 38 b (new)
Citation 38 b (new)
– having regard to its resolution of 10 November 2022 on racial justice, non- discrimination and anti-racism in the EU1c, _________________ 1c https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0389_EN.html
Amendment 44 #
2023/2028(INI)
– having regard to its resolution of 20 October 2022 on growing hate crimes against LGBTIQ+ people across Europe in light of the recent homophobic murder in Slovakia1d, _________________ 1d https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0372_EN.html
Amendment 45 #
2023/2028(INI)
Motion for a resolution
Citation 38 d (new)
Citation 38 d (new)
– having regard to its resolution of 13 December 2022 towards equal rights for persons with disabilities1e, _________________ 1e https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0435_EN.pdf
Amendment 46 #
2023/2028(INI)
Motion for a resolution
Citation 41 a (new)
Citation 41 a (new)
Amendment 47 #
2023/2028(INI)
Motion for a resolution
Citation 41 b (new)
Citation 41 b (new)
– having regard to its recommendation of 15 June 2023 to the Council and the Commission following the investigation of alleged contraventions and maladministration in the application of Union law in relation to the use of Pegasus and equivalent surveillance spyware1g, _________________ 1g https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0244_EN.html
Amendment 53 #
2023/2028(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and human rights, as set out in Article 2 TEU and the Charterincluding the rights of persons belonging to minorities, as set out in Article 2 TEU and as reflected in the Charter and embedded in international human rights treaties; whereas these values should be shared, protected and promoted by Member States and the EU;
Amendment 63 #
2023/2028(INI)
Motion for a resolution
Recital B
Recital B
B. whereas media freedom, pluralism, 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 in recent years, journalists and media actors in Europe and abroad have increasingly come under threat; whereas SLAPPs remain a pressing issue across the EU;
Amendment 67 #
2023/2028(INI)
Motion for a resolution
Recital C
Recital C
C. whereas corruption is a serious threat to democracy and the rule of law; whereas there are persistent and serious concerns about the fight against corruption in some Member States; whereas the mechanisms to stop corruption are weak in several Member States and the lack of protection given to whistleblowers continues to be a widespread deficiency; whereas the Rule of Law Conditionality Regulation aims to protect the Union budget against breaches of rule of law principles;
Amendment 68 #
2023/2028(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the independence of the judiciary - an essential requirement for the democratic principle of separation of powers and central to guaranteeing respect for fundamental rights - is facing serious threats or is even being structurally undermined in somean increasing number of Member States;
Amendment 73 #
2023/2028(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, in March 2023, the Council of Europe Commissioner for Human Rights assessed the situation of human rights defenders in Europe as having deteriorated alarmingly; whereas human rights defenders face numerous obstacles in their work, including: legal and administrative restrictions impeding the registration of NGOs and their access to funding, excessive financial and reporting requirements, judicial harassment, smear campaigns, threats and intimidation, abusive control and surveillance, confiscation and destruction of working materials, unlawful arrest or detention and ill-treatment; whereas in some cases, human rights defenders are kidnapped or even killed; whereas the absence of effective investigations into violations committed by state and non- state actors against human rights defenders targeted because of their human rights work remains a major concern; whereas this results in the impunity of perpetrators and the recurrence of violations; whereas the work of human rights defenders is essential for the advancement of human rights, democracy and the rule of law, and it is also instrumental in defending victims of human rights violations and ensuring their access to redress and remedy;
Amendment 76 #
2023/2028(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there have been multiple incidents of migrant deaths and human rights violations at European borders due to ineffective management and disproportionate use of force by the authorities; whereas increasing amounts of technology, including artificial intelligence, are being used to monitor migrants at external and internal borders of the EU; whereas the criminalisation of solidarity continues to be used as a tool to disrupt the work of NGOs trying to save lives in the Mediterranean Sea;
Amendment 78 #
2023/2028(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas after countless reports from journalists, NGOs, recommendations from the EU Ombudsman and the FSWG, and the investigations launched by OLAF regarding systemic problems in Frontex, internal dysfunctions and allegations of cover ups of fundamental rights violations, including pushbacks, the Parliament decided to reject the granting of the 2020 discharge; whereas the former director of Frontex was forced to resign after the findings of the OLAF report; whereas all EU Agencies must comply with fundamental rights and be accountable where there are instances of fundamental rights violations;
Amendment 80 #
2023/2028(INI)
Motion for a resolution
Recital G
Recital G
G. whereas there has been an organised backlash against women’s and girls’ rights in recent years; whereas the prevalence of gender-based violence, including sexual violence and rape remains, high across the European Union; whereas progress on sexual education is being challenged at a fundamental level in some Member States;
Amendment 81 #
2023/2028(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas gender-based violence is rooted in gender stereotypes, heteropatriarchal structures, power asymmetries as well as structural and institutional inequalities; whereas, under the Istanbul Convention, gender is defined as ‘the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men’; whereas gender-based violence affects all areas of society;
Amendment 82 #
2023/2028(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the prevalence of discrimination on the grounds of racial or ethnic origin remains consistently high, both over time and across different population groups in different Member States; whereas antisemitism, islamophobia and racism are persistent forms of hatred and discrimination; whereas far-right extremism poses a particular threat to persons affected by discrimination and to society as a whole; , in particular individuals from disadvantaged socioeconomic backgrounds, in different Member States; whereas racial and ethnic minorities face systemic racism, hate- crime and hate-speech, 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 barrier to inclusion and equality; whereas antisemitism, anti- Gypsyism, islamophobia and racism are persistent forms of hatred and discrimination; whereas far-right extremism poses a particular threat to persons affected by discrimination and to society as a whole; whereas according to FRA, systemic racism is widespread in the EU, including within law enforcement1h; whereas intersectional discrimination must be taken into account in policies and measures to combat racism and discrimination; _________________ 1h http://fra.europa.eu/sites/default/files/fra_ uploads/fra-2023-fundamental-rights- report-2023_en_1.pdf
Amendment 88 #
2023/2028(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas a significant part of Romani people in Europe live in extremely precarious conditions in both rural and urban areas, and in very poor socio-economic circumstances; whereas most Romani people are deprived of their fundamental human rights in all areas of life;
Amendment 90 #
2023/2028(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the continuous trend of increasing discrimination, hate speech and violence against LGBTIQ+ people and LGBTIQ+ rights defenders across the EU persists; whereas LGBTIQ+ persons still face discrimination and exclusion in several Member States; whereas cases of online and offline harassment, violent assaults, hate campaigns and death threats against LGBTIQ+ people have been reported in several Member States;
Amendment 91 #
2023/2028(INI)
Motion for a resolution
Recital J
Recital J
J. whereas incidents of hate speechracist crimes and hate speech, online and offline, have steadily increased within the EU over the last few years26 , largely due to the increasing numbers of social media users and the fact that hate speech thrives online; whereas the business model of social media platforms, based on micro-targeted advertising, plays a role in spreading and amplifying hate speech inciting discrimination and violence; whereas there is the need to ensure that education systems provide digital education, literacy and skills for everyone which are key to promoting users’ understanding of digital technologies, overcoming inequalities, improving digital inclusion and empowering and protecting individuals and their rights online and offline; whereas the development of digital education, literacy and skills should equip individuals to promote a safe digital space as well as to manage their responsibilities when interacting within it, which is instrumental in order to prevent online hate speech; whereas hate speech can lead to hate crime; _________________ 26 At a glance briefing ‘Combating hate speech and hate crime in the EU’, European Parliamentary Research Service, June 2022.
Amendment 96 #
2023/2028(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the EU is based on the promotion of social, cultural and economic rights; whereas Article 151 TFEU refers to fundamental social rights such as those set out in the European Social Charter; whereas the European Pillar of Social Rights and the implementation of its Action Plan are key instruments to mainstream social priorities across all EU policies and a guide for the actual implementation of its 20 principles;
Amendment 98 #
2023/2028(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the situation in Romani settlements is in violation of human and fundamental rights as enshrined in the EU Treaties, the European Convention on Human Rights, the EU Charter of Fundamental Rights, the European Social Charter, the UN Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights, as well as of the principles recognised in the European Pillar of Social Rights; whereas it is alarming that these rights are not being respected in practice especially with regard to Romani people living in settlements;
Amendment 101 #
2023/2028(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas for several years the rule of law has been deteriorating in several Members States, particularly in Hungary and Poland, as a result of systematic actions of their governments; whereas rule of law and fundamental rights concerns are rapidly growing in other Member States; whereas it is crucial to ensure that Member States comply with OSCE commitments and other international obligations and standards for democratic elections, including the Venice Commission;
Amendment 102 #
2023/2028(INI)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. whereas the placement of children in segregated schools and the discriminatory practice of placing children of ethnic and racial minorities in schools for children with mental disabilities, continues to persist in some Member States;
Amendment 105 #
2023/2028(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly condemns that in 2022 another global record for the number of imprisoned journalists was set; strongly deplores the fact that in 2022 and 2023 at least two investigative journalists were murdered in the European Union; further deplores that there is little or no accountability for the killing of media professionals in Member States; calls for a swift agreement on thean ambitious anti- SLAPP directive, which should offer substantive and broad protection against abusive lawsuits; calls on the Member States to fully implement the Recommendation accompanying the proposal for an anti-SLAPPs Directive; calls on the Commission to explore further legislation to cover all SLAPP cases;
Amendment 111 #
2023/2028(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is deeply concerned by the increasing level of corruption in certainseveral Member States and in EU institutions, in particular of cases involving high-level officials and politicians; is concerned about the varying levels of implementation of the EU anti- corruption framework in Member States; requests that zero-tolerance to corruption must be the rule; urges for the establishment of an independent ethics body with the power to investigate all EU institutions, bodies and agencies; considers that strong whistleblower protection is urgently needed across the EU, which should include access to free legal aid and psychological assistance; calls on the Member States to ensure the full implementation of the Whistleblower Protection Directive;
Amendment 116 #
2023/2028(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that judicial independence and effective checks and balances, which can vary from one Member State to another, are key components of the rule of law; highlights that serious concerns remain as to the rule of law and the independence of the judiciary in several EU Member States, including Hungary, Poland, Slovakia, Bulgaria and Spain1i; condemns any attempts by Member State governments, to exert political influence on or control over the independent decision- making of the judiciary; _________________ 1i See EU Commission 2023 Rule of Law Report
Amendment 117 #
2023/2028(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expresses strong concern about the several pieces of legislation that Hungary adopted in a non-transparent way; is further concerned about the repeated and abusive invocation of the ‘state of danger’, the misuse of whistleblower protections to undermine the rights of LGBTIQ+ people and freedom of expression, and the restriction of teachers’ status as well as the infringement of their social and labour rights, which is threatening academic freedom; reiterates its call on the Commission to make full use of the tools available to it to address the clear risk of a serious breach by Hungary of the values on which the Union is founded;
Amendment 120 #
2023/2028(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the use of the Recovery and Resilience Facility and the horizontal enabling conditions for the freezing of EU funding to fight corruption and rule of law backsliding in Member States; stresses that funds restricted through different conditionality measures must only be released when key rule of law, corruption and human rights concerns are genuinely and adequately addressed; calls on the European Council to determine whether Hungary has committedtake action against Hungary given the serious and persistent breaches of EU values under Article 7(2) TEU; underlines that any further delaying of such action would amount to a breach of the rule of law principle by the Council itself with long-lasting and potentially damaging consequences; insists that Parliament’s role and competences be respected;
Amendment 126 #
2023/2028(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reiterates its call for the imminent need to establish an EU mechanism on democracy, the rule of law and fundamental rights (DRF) and urges the Commission and the Council to immediately enter into negotiations with Parliament on this agreement;
Amendment 127 #
2023/2028(INI)
4b. Stresses that the measures required for the release of EU funding, as defined by the relevant decisions taken under the Common Provisions Regulation, the RRF Regulation and the Rule of Law Conditionality Regulation, must be treated as a single, integral package; insists on putting in place appropriate checks in order to prevent the agreed on measures from being circumvented by the authorities; calls on the Commission and the Council to refrain from approving the national plans of Poland and Hungary under the Recovery and Resilience Facility until both countries have fully complied with all European Semester country-specific recommendations in the field of the rule of law and until they have implemented all the relevant judgments of the Court of Justice of the EU and the European Court of Human Rights; reiterates its call on the Commission to use all tools at its disposal to ensure that the citizens and residents of Member States such as Poland and Hungary, where the rule of law is violated by their governments, are not deprived of the benefits of EU funds;
Amendment 128 #
2023/2028(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Questions how Hungary will be able to credibly fulfil the task of the presidency of the Council in 2024, in view of its non-compliance with EU law and the values enshrined in Article 2 TEU, as well as the principle of sincere cooperation; asks the Council to find a proper solution as soon as possible; recalls that Parliament could take appropriate measures if such a solution is not found;
Amendment 131 #
2023/2028(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. NotesExpresses deep concern about the increasing threats to press freedom, the freedoms of association, speech and assembly; reiterates that the right to peaceful assembly can be restricted only w and the deteriorating situation of journalists; welcomes then provided for by law and if necessary and proportionate to protect a general interest recognised by the Union or the rights and freedoms of othersposal for an European Media Freedom Act; urges for the adoption of a strong European Media Freedom Act to guarantee the independence, plurality and freedom of media across the EU, ensure the transparency of media ownership and to address problems of media market concentrations where problems persist;
Amendment 133 #
2023/2028(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Condemns the attacks, threats and violence against journalists and media workers which have been on the rise in recent years; calls on the Commission and the Member States to ensure the safety and protection of journalists and media workers; further calls on the Commission to ban spyware products such as Pegasus and Predator which have been used to carry out surveillance on journalists, human rights activists, opposition figures and lawyers in and outside the EU; urges the EU institutions and the Member States concerned, in particular Greece, Hungary, Poland, Spain and Cyprus to follow the recommendations included in the PEGA report1j: _________________ 1j https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0244_EN.pdf
Amendment 139 #
2023/2028(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned about the degradation of civic space throughout the EU with policies hampering CSOs’ operations, their access to sustainable funding and their ability to participate in decision-making; condemns any form of harassment, smearing, stigmatisation, criminalisation and scapegoating of CSOs; stresses how these actions jeopardise active citizenship and the expression of critical voices, thereby undermining public debate and hence the very foundations of democracy;
Amendment 144 #
2023/2028(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the crucial role of civil society organisations (CSOs) in promoting active citizenship, fundamental rights and democratic participation in Europe; calls for aurges the Commission strategy and common ruleto present a strategy and establish minimum standards for the protection of civil society organisations in all Member States in order to promote a regulatory and political environment free from chilling effects, threats and attacks;
Amendment 145 #
2023/2028(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Warns that the situation of human rights defenders in the EU has deteriorated alarmingly 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; further urges the Commission and the Member States to guarantee their exercise of freedom of expression, freedom of assembly and freedom of association and ensure accountability for any human rights violation against human rights defenders, including by non-state actors;
Amendment 150 #
2023/2028(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Condemns the rise in antisemitic, anti-Gypsyist, anti-Islamic and racist incidents in the EU; deplores that incidents of discrimination, racist and xenophobic crimes are often not reported to the authorities, which leads to de facto impunity;
Amendment 151 #
2023/2028(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is concerned with the increasing number of police violence incidents against the Romani population; calls on Member States to rigorously investigate incidents of police abuse to ensure that there is no impunity for introducing and/or implementing repressive, violent measures against Romani individuals or communities, as well as for inducing fear and intimidation, address the inadequate access to justice of Romani people, particularly obstacles to seek legal counsel and redress, lack of free legal aid, but also biased police recordings and reporting, prosecution and court judgements, violence in police custody and ill-treatment by police and the overrepresentation of Romani people in prisons;
Amendment 156 #
2023/2028(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Expresses deep concerns about the increased use of technology at borders, which was proved to be extremely intrusive on individuals; calls on the EU and the Member States to ensure that effective oversight mechanisms are put in place to ensure fundamental rights compliance, which should also cover the monitoring of border-surveillance activities; further calls on the Commission and the Member States to ensure that the individuals whose data are stored in the databases of the EU’s large-scale information systems are informed about their rights and have access to available remedies;
Amendment 157 #
2023/2028(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Strongly condemns the widespread fundamental rights violations and use of disproportionate violence by national authorities at Union borders; violence by national authorities at Union borders; recalls that the respect for fundamental rights at borders remains one of the top human rights challenges in the EU; deplores that some Member States, including Greece, Spain, Poland, Cyprus, Croatia, Lithuania and Bulgaria1k continued to engage in unlawful pushbacks and violence at their borders; strongly condemns the pushbacks and fundamental rights violations, including police violence, 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; further calls for the establishment of effective and independent monitoring mechanisms, along with available complaint mechanisms; _________________ 1k See Human Rights Watch 2023 annual report at https://www.hrw.org/world- report/2023/country-chapters/european- union
Amendment 165 #
2023/2028(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 170 #
2023/2028(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Welcomes the activation of the EU Temporary Protection Directive following the war on Ukraine, which aims at ensuring access to protection for refugees and asylum seekers of any origin; recalls the importance that access to accommodation, employment, education, healthcare and social welfare services under the TPD takes into account a gender approach; deplores the unequal treatment, racial discrimination and violence faced by non-Ukrainians fleeing the conflict, in particular racialized people such as Roma and Black people, as well as LGBTIQ+ people; deplores the double standards on migrants and refugees in the EU and urges to end this situation;
Amendment 172 #
2023/2028(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores that the proposal on the horizontal anti-discrimination directive has remained blocked in the Council for 14 years; recalls the urgent need to extend protection against discrimination beyond employment through a horizontal and intersectional approach; considers that any update of the proposal for a horizontal anti-discrimination Directive by the Commission must build on Parliament’s position, address intersectional discrimination and explicitly prohibit discrimination on any combination of grounds listed in the Charter; regrets that the Council has ignored the requests to unblock the file and the recommendations from Parliament; urges the Council to integrate the recommendations from the Parliament in its mandate and to take all appropriate actions to fight discrimination in the EU;
Amendment 175 #
2023/2028(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the EU institutions and the Member States to tackle the root causes of structural discrimination and to ensure that the EU anti-discrimination legislation is fully and correctly implemented; 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; calls on the Commission to monitor and ensure proper follow-up of the implementation of National Action Plans Against Racism by Member States and the EU anti-racism action plan; further urges the Commission to mainstream anti-racism and anti- discrimination in all EU policies;
Amendment 176 #
2023/2028(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the Commission and the Member States to tackle anti-Gypsyism in all areas of society through effective legislative and policy measures, both in the Member States and in enlargement countries; calls on the Member States to mainstream the fight against racism and anti-Gypsyism in all of the European Pillar of Social Rights principles, as it is a key structural driver of Romani exclusion; considers that the fight against anti-Gypsyism is a horizontal issue and that it should be taken into account in all relevant areas of EU policy;
Amendment 177 #
2023/2028(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Is concerned that segregation in education remains a significant issue in Europe; calls on Member States to take urgent and appropriate actions to combat segregation in education including to adopt a clear and comprehensive legal framework and to ensure that segregation is explicitly considered as a form of discrimination;
Amendment 178 #
2023/2028(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. 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, to prevent that these systems exacerbate discrimination, existing inequalities and poverty; calls on the Commission and the Member states to ensure that AI systems are guided by the principles of transparency, explainability, fairness, and accountability and that independent audit are put in place; 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 179 #
2023/2028(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Calls on the upcoming Council presidencies to seriously consider establishing a Council configuration on gender equality and equality;
Amendment 181 #
2023/2028(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that gender-based violence is highly prevalent in all Member States across the Union; strongly condemns the rapid backsliding on women’s and LGBTIQ+ rights in someeveral Member States, particularly the denial of access to safe and legal abortion; including Hungary, Poland, Slovakia, Romania and Italy1m which saw strong political rhetoric against a purported “gender ideology,” and that they amplified in the media and public discourse as well as through efforts to adopt laws specifically targeting LGBT people and women’s rights; strongly condemns as well, the denial of access to safe and legal abortion and recalls that the denial of safe and legal abortion care is also a form of gender-based violence; underlines that the ECtHR has ruled on several occasions that restrictive abortion laws and the lack of implementation violates the human rights of women; calls on the Member States to decriminalize abortion and to guarantee access to safe and legal abortion and other sexual and reproductive health care without discrimination; _________________ 1m See Human Rights Watch annual report 2023 at https://www.hrw.org/world- report/2023/country-chapters/european- union + COM 2023 RoL report
Amendment 185 #
2023/2028(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the Directive on gender- based violence and calls for the swift conclusion of the negotiations; considers however that in order to fully complete the legislative framework to address all forms of gender-based violence it is imperative to extend the areas of crime in accordance with Article 83(1) TFEU to include gender-based violence; urges the Commission to take into account the repeated calls from the Parliament and to present a proposal to include gender- based violence in the list of EU crimes;
Amendment 188 #
2023/2028(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Welcomes the Commission’s proposal for a Regulation aimed at harmonising at EU level the rules of private international law relating to parenthood; considers it a major step forward for bringing legal security to children of LGBTIQ+ parents in cross- border situations to have their family life protected and recognised across the EU; recalls the urgent need to ensure mutual recognition of parenthood for same-sex couples;
Amendment 191 #
2023/2028(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that hate crimes and hate speech motivated by racism, xenophobia, religious intolerance or a person’s disability, sexual orientation, gender identity, gender expression and sex characteristics are extreme examples of discrimination; calls on the Commission and the Member States to step up efforts to combat hate crime and hate speech by addressing their root causes;
Amendment 202 #
2023/2028(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Is deeply concerned about the increase of poverty, inequalities and social exclusion in the EU; stresses that the long-term economic consequences of the Covid-19 pandemic, as well as the raise in food and energy prices, has severely impacted the rights of people living on low incomes or in poverty, including to an adequate standard of living, to food, to health, to housing, and to social security;
Amendment 204 #
2023/2028(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises that poverty is another form of discrimination that leads to the violation of fundamental rights; calls on the Commission, the Council and the Member States to develop policies to reduce poverty, paying particular attention to children; form of structural violence and social injustice, which is grounded in gender inequalities, discrimination and unequal chances to access goods and services, and that it leads to the violation of fundamental rights; calls on the Commission, the Council and the Member States to develop policies to reduce poverty, taking into account an intersectional approach and paying particular attention to individuals put in vulnerable situations, such as children, women, racialized and ethnic communities, LGBTIQ+ people, migrants and asylum seekers, people with disabilities, and from socioeconomic disadvantaged backgrounds; welcomes the approval of the European Child Guarantee but considers that more efforts are needed, particularly in the area of social protection1n; _________________ 1n https://www.srpoverty.org/wp- content/uploads/2022/06/EN-Report- NTU.pdf
Amendment 211 #
2023/2028(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Reiterates, in accordance with the objectives of the European Pillar of Social Rights, the principles of its Action Plan and the introduction of social standards to the European Semester, that macroeconomic policies must be guided not only by economic growth but also by social standards;
Amendment 215 #
2023/2028(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that digitalisation is a transversal process that impacts access to all services, particularly healthcare, and the exercise of fundamental rights; underlines that people with disabilities must have full access to society as laid down in Article 9 of the CRPD; calls on the Member States to comply with the obligations under the CRPD;
Amendment 218 #
2023/2028(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that housing is not a commodity, but a necessity, and is a precondition for participating fully in society; stresses that sustained socio- economic inequalities in areas such as housing, healthcare, employment and education are major barriers to full enjoyment of fundamental rights and key barrier to inclusion and equality;
Amendment 220 #
2023/2028(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the recognition of the universal right to access to a healthy and sustainable environment by the UN Human Rights Council on 8 October 2021; highlights that environmental impairment and the failure of some public authorities to provide information about serious environmental risks to which individuals are exposed, may have severe harmful consequences for individuals; requests that measures towards achieving a high level of environmental protection and the improvement of the quality of the environment which is enshrined in Article 37 of the Charter, are integrated into the policies of the Union; calls on Member States to reduce their levels of emission, to implement human rights consistent policies and to phase out the use and production of fossil fuels through a just transition;
Amendment 223 #
2023/2028(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the progress made since the resumption of the negotiations towards EU accession to the ECHR in June 2020 and the provisional agreement on the draft revised accession instruments reached in March 2023; recalls that the EU's accession to the European Convention on Human Rights (ECHR) is an obligation under Article 6(2) TEU and urges to speed up the negotiations;
Amendment 224 #
2023/2028(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Supports the FRA’s work on analysing data in order to document discrimination and welcomes further developments in this field; welcomes the Commission’s proposals for two directives on standards for equality bodies, aiming to ensure betterthe implementation and enforcement of EU anti-discrimination rules, which should complement FRA’s work in documenting discrimination, including structural discrimination, as well as to provide support and assistance to the victims of discrimination;
Amendment 229 #
2023/2028(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the relevant CJEU case-law upholding the respect for fundamental rights and further defining the rule of law; calls on the Member States to fully implement and comply with CJEU case-law and on the Commission to ensure adequate follow- up;
Amendment 231 #
2023/2028(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned that plans to create new laws and policies, at national and EU level, are not always shared with the public and sometimes little or no time is left for public consultation; recalls that the right to participate in democratic live and the obligation to ensure that decisions are taken as openly and as close to citizens as possible is protected under the Treaties which all Member States are bound to; calls on the EU Institutions and the Member States to ensure transparency and to publish public documents in a proactive manner;
Amendment 9 #
2023/2016(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the reform of the European Parliament's electoral procedure should aim to enhance the democratic and transnational public debate and dimension of the European elections and the democratic legitimacy of the Union decision-making process, reinforce citizenship in the Union, and improve the functioning of the European Parliament and the governance of the Union; whereas transnational lists, in particular in combination with the lead candidate system, would boost a European public debate on European ideas;
Amendment 16 #
2023/2016(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Member States in Council are not credibly engaging with Parliament on its position of 3 May 2022, thereby neglecting their treaty obligations and preventing a genuine reform of the electoral law;
Amendment 17 #
2023/2016(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the higher turnout in the 2019 European elections and strives to work on further increasing the turnout at the 2024 European elections; is worried about the low turnout among mobile Union citizens and is committed to increase this turnout as expressed in its position of 14 February 2023 on the Electoral rights of mobile Union citizens in European Parliament elections;
Amendment 21 #
2023/2016(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises the important role ofthat European political parties and foundations should have according to the EU treaties in contributing to the debate on European public policy issues and in forming European political awareness; notes, however, that owing to restrictive measures at European and national levels, European political parties cannot fully participate in European election campaigns; stresses, moreover, that they are not allowed to campaign in referendums that concern European matters; encourages European political parties to reach an agreement on how to adapt the provisions inpoints out that this and other provisions where meant to strengthen EUPPs’ role in the revision process of regulation1141/2014; encourages European political parties to reflect on implementing the proposals of this resolution tofor developing the electoral campaign to the European elections and on how to proceed during the post-electoral process;
Amendment 27 #
2023/2016(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the enhanced visibility of European political parties in public debates and media campaigns; insists that all national political parties should make the names and/or logos of the European political parties visible on ballots and campaign material; calls on the European political parties to draft manifestos in good time ahead of the elections so as to be able to share their proposals; considers that European political parties’ manifestos should be known before the elections, which requires clear and transparent rules on campaigning, also EU-wide; underlines the importance of democratic standards and internal party democracy rules in order to ensure that for example the nomination of candidates is pursued in a democratic manner;
Amendment 30 #
2023/2016(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that transnational lists would foster the European public debate and empower European political parties to become stronger structures of representation as well as, in particular in combination with the lead candidate system, to improve accountability in the European democratic system;
Amendment 47 #
2023/2016(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the establishment of an interinstitutional agreement between the Parliament and the European Council on the lead candidate system within the framework of Article 17(7) TEU; asks the President of the European Parliament to immediately start the preparatory work leading to such an agreement afters soon as possible, but latest during the first session of the new Parliament following the elections; believes that European political parties and their respective parliamentary groups should engage in negotiations after the next European election to agree on behalf of the European Parliament on a common candidate to preside over the Commission before the European Council makes its proposal;
Amendment 48 #
2023/2016(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Commits itself to upholding the lead candidate system by ensuring that the next Commission President will be the lead candidate of the European political party that can ensure a majority in the European Parliament; believes that the lead candidate gaining most seats in Parliament via one group or a coalition of groups should have the first right to form a necessary majority; believes that if this first lead candidate fails to find this majority, the second placed lead candidate should have the right to form the necessary majority, and so on;
Amendment 50 #
2023/2016(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Proposes that the European political parties and their parliamentary groups adopt a ‘legislature agreement’ for the legislative period 2024 – 2029 as a way of securing a majority in Parliament ahead of the appointment of the Commission as a basis for its work and a guarantee, to European voters, of a coherent follow-up to the elections; is of the opinion that the involvement of relevant persons from national governments and all levels of the parties could improve the acceptance and implementation of such an agreement;
Amendment 53 #
2023/2016(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the President of Parliamentlead candidates in their before mentioned order should lead consultations with the leaders of the European political parties, the presidents of the parliamentary groups and the European Council after the European elections regarding the nomination of the Commission President; considers that to strengthen the link between the citizens’ vote and the appointment of the Commission, the European Council President should also engage in consultations with the Presidents of the European Political parties;
Amendment 62 #
2023/2016(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for a reform of the Treaties and in particular of Article 223 TFEU on the provisions necessary for the election of the Members of the European Parliament by direct universal suffrage; urges Council and ultimately the European Council to act on its proposal to trigger Article 48 TEU in order to establish a convention with the aim to also reform European electoral processes;
Amendment 69 #
2023/2016(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to guarantee the accessibility of the elections through the introduction of measures aimed at ensuring access to information and accessible voting arrangements – for instance the use of assistive technologies, formats and techniques like Braille, QR codes, large print, audio-based information and tactile stencils, easy to read information and sign language communication; believes that public awareness campaigns are key to increasing turnout and calls on the Member States to make all efforts in this regard, also involving civil society organisations;
Amendment 74 #
2023/2016(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Encourages the introduction of postal voting to ensure that the inability to go to the polling stations on Election Day does not prevent citizens of the Union from exercising their right to vote; further advocates introducing complementary tools to facilitate voting, such as advance physical voting and proxy voting, as well as electronic and online voting;
Amendment 75 #
2023/2016(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. WConsiders gender equality to be a key element for improving representation in elections; welcomes the progress made towards a gender-balanced Parliament following the 2019 European elections, but underlines the existing disparities between Member States with regard to their levels of representation of women; encourages, in this regard, the implementation of the provisions adopted by Parliament on 3 May 2022 on the new European electoral law, namely the use of zipped lists or quotas;
Amendment 141 #
2023/0135(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The existing legal framework should be updated and strengthened to facilitate an effective fight against corruption across the Union. This Directive aims to criminalise corruption offences when committed intentionally. Intention and knowledge may be inferred from objective and factual circumstances. As this Directive provides for minimum rules, Member States remain free to adopt or maintain more stringent criminal law rules for corruption offences. Nothing in this Directive is to be interpreted as grounds for reduction in the level of protection already afforded by existing criminal law rules for corruption offences.
Amendment 147 #
2023/0135(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Member States should have in place bodies or units specialised in the repression and specialised in the prevention of corruption. Providing such specialised bodies or units with a clear mandate enshrined in law is paramount not only to ensuring their permanence, but also to increasing awareness among the public as to what the body or agency’s powers and responsibilities are. Member States may decide to entrust a body with a combination of preventive and law enforcement functions. In order to ensure that these bodies operate effectively, they should meet a number of conditions, including having the independence, resources and powers that are necessary to ensure the proper administration of their tasks. The institutions, bodies, offices and agencies of the Union should also adopt dedicated measures to prevent corruption of Union officials, adapted to the specific risks of the areas of activity covered by their respective administrations. Bodies or agencies specialised in the prevention of corruption should be empowered to manage asset declarations of public officials, as well as to monitor compliance with transparency rules and statutory provisions related to conflicts of interests in the public and private sector. All Member States should also create integrated services specifically tasked with duties related to the investigation and prosecution of corruption offences. Member States should equip such integrated anti-corruption investigation and prosecution services with specialised personnel, adequate technical means, and financial resources to ensure their full autonomy and a high degree of professionalism.
Amendment 155 #
2023/0135(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) With regard to the prevention of and contrast to corruption, the creation of specialised bodies or agencies with a mandate enshrined on a clear legal basis is paramount to ensure their permanence, but also to entrust them with a specific mandate, and to increase awareness among the general public as to what the body or agency’s powers and responsibilities are. The effectiveness of bodies or agencies specialised in the prevention of corruption depends, in particular, on their possibility to manage asset declarations of public officials, monitor compliance with transparency rules applying to public officials and public entities, as well as with statutory provisions and rules related to conflicts of interests in the public and private sector, and to the financing of political parties. As for the investigation and prosecution of corruption offences, integrated services need to be created in all EU Member States, but also equipped with specialised personnel and adequate technical capabilities and financial resources, so that their full autonomy and professionalism is guaranteed. Victims of corruption face serious challenges when attempting to establish and understand their rights and potential remedies. Therefore, an independent coordinator for the rights of victims of corruption should also be established at national level to ensure that of persons affected by the crimes covered by this Directive rights are upheld, and that they are compensated for their loss, is essential.
Amendment 166 #
2023/0135(COD)
Proposal for a directive
Recital 10
Recital 10
(10) It is necessary to strenghten the legal framework to combat bribery and to provide law enforcement and prosecution with the necessary tools. In bribery of public officials, there are two sides to distinguish. Active bribery exists when a person promises, offers or gives an advantage of any kind to influence a public official. Passive bribery exists when the public official requests or receives such advantagesin order to act or to refrain from acting in a certain way. This Directive should also set minimum rules on bribery and other forms of corruption in the private sector, where the immediate victims include companies that are impacted unfairly andseriously impacted, where free competition is diminished by each bribe offered or accepted, or where the offence results into a harm to consumers.
Amendment 170 #
2023/0135(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure that public officials do not intentionally use funds for purposes other than they were intended, it is necessary to lay down rules on the offence of misappropriation by public officials of property whose management is entrusted to them. In order to take a comprehensive approach to the fight against corruption, this Directive should also cover misappropriation in the private sector. In order for misappropriation to be criminal, it should lead to an advant serious damage forto the public official or a third paradministration, or to private sector entity.
Amendment 173 #
2023/0135(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Moreover, it is necessary to define the offence of abuse of functions in the public sector as a failure to perform an act by a public official, in violation of laws, to obtain an undue advantage. In order to comprehensively fight corruption, this Directive should also cover abuse of functions in the private sector. In order for abuse of functions in the private sector to be criminal, it should lead to a distortion of competition in relation to the purchase of goods or commercial services, to a significant damage to the private-sector entity concerned, or to a harm to consumers.
Amendment 176 #
2023/0135(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Illicit political financing leaves democracies vulnerable to malign finance and undue influence in politics. Abuses of state resources conferring undue benefits on politicians and parties can be a major corruptive force in the electoral process as it can introduce or exacerbate power inequalities, give unfair electoral advantage to incumbents, compromise the integrity of an election, and reduce public trust in the legitimacy of the process and its outcomes. Furthermore, the private sector may use its influence and resources to pressure public authorities to adopt or implement policies and laws in their favour. On the other hand, the integrity of the private sector may be compromised by illicit political finance if politicians pressure companies for donations in exchange for continued business with the state, which can lead to policy capture. It is therefore necessary to lay down a criminal offence for illicit political financing.
Amendment 180 #
2023/0135(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The criminal offence of enrichment builds upon the rules on the criminal offence of money laundering laid down in Directive (EU) 2018/1673 of the European Parliament and of the Council44 . It is meant to address those cases where the judiciary considers that the corruption offence or offences cannot be proven. Like the predicate offence in money laundering, the burden of proof is of a different nature. This means that in criminal proceedings regarding the criminal offence of enrichment, when considering whether property is derived from any kind of criminal involvement in a corruption offence and whether the person had knowledge of that, the specific circumstances of each case should be taken into account, such as the fact that the value of the property is disproportionatacquisition, receipt or use of a certain amount of wealth by a person cannot be, or has not been, justified through reference to their lawful income of the accused person and that the criminal activity and acquisition of property occurred within the same time frame. It should not be necessary. It should not be necessary to establish that the official or person in question was involved in the commission of the criminal offence, nor to establish knowledge of all the factual elements or all circumstances relating to the criminal involvement, including the identity of the perpetrator. When a person is convicted of a criminal offence as defined in this Directive, the competent authorities can recover the illicitly obtained property on the basis of Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union45 . _________________ 44 Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22). 45 Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ L 127/39, 29.4.2014, p. 39).
Amendment 182 #
2023/0135(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Legal persons should not be liable only for acts of a leading person in their organisation, nor should they be able to avoid responsibility by using intermediaries, including related legal persons, to offer, promise or give a bribe to a public official on its behalf. Moreover, fines for legal persons should be calculated consideringproportionate and commensurate to the gravity of the offence, and calculated considering the gross gain, or the gross loss, caused by the offence, or the worldwide turnover of all legal entities related to the offender, including parent entities, subsidiary entities, linked trusts, or similar or comparable legal entities. Corruption related offences are of resolved through non-trial resolutions processes, which are are often viewed as a pragmatic and efficient way to resolve cases that would otherwise require tremendous time and resources to investigate and prosecute before reaching a court. However, non-trial resolutions also present legal, institutional and procedural challenges, and raise questions of transparency, the level of deterrence and victims’ compensation. Member States should therefore also take the necessary measures to establish fair, effective, and transparent non-trial resolutions processes that competent authorities can enter into with a legal person for any of the offences covered by this Directive.
Amendment 185 #
2023/0135(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to increase trust in prosecution services whilst reducing the perception of corruption in Member States, discretionary powers under domestic law not to the prosecute persons the granting to public officials of immunities from prosecution for criminal offences referred to in this Directive on opportunity grounds should be exercised in accordance with clear rules and criteria and guarantee, with appropriate internal consultation, as well as the aim of deterringnd decisions subject to review by the public concerned, subject to proportionality requirements as provided under national law. These criteria and guarantees can contribute to deter the commission of corruption offences and to ensure the effectiveness of the judicial process.
Amendment 189 #
2023/0135(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) While the notion of ‘victim’ is to be interpreted in accordance with national law, such notion should also be able to provide that a legal person could be a victim for the purpose of this Directive.
Amendment 190 #
2023/0135(COD)
Proposal for a directive
Recital 29 b (new)
Recital 29 b (new)
(29b) The public concerned, including affected communities, should be entitled to obtain restoration from damages caused by the offences. For such purposes Member States should ensure that, in accordance with their national legal system, members of the public concerned have appropriate rights to participate in the proceedings covered by this Directive, for instance as a civil party. The public concerned should be entitled to participate in the proceedings covered by this Directive where as a result of a corruption offence, they have a sufficient interest and are entitled to maintain the impairment of a right, in accordance with national law. For the purposes of participating in the proceedings covered by this Directive, the public concerned including entities that wish to represent the rights of victims of corruption should meet minimum standards. First, they should have a non- profit making nature. Second, there should be a direct relationship between the main objectives of the entity representing the public concerned and the action brought relevant court or competent administrative body. Thirds, the entity should have been established for at least five years prior to the date of its application to the relevant court or competent administrative body. Entities reresenting the public concerned should also make publicly available in plain and intelligible language by any appropriate means, in particular on their website, information that demonstrates their compliance with the criteria required to participate in the proceedings covered by this Directive, and information about the sources of their funding, organisational structure, statutory purpose and activities.
Amendment 191 #
2023/0135(COD)
Proposal for a directive
Recital 29 c (new)
Recital 29 c (new)
(29c) The preparation and adoption of coordinated strategies for the prevention of corruption and the promotion of public integrity emerged as a common standard to foster a coordinated and continuous approach to the challenges posed by corruption. This Directive requires all Member States to adopt, publish and periodically review national strategies on preventing and combating corruption to duly take into account the needs, specificities and challenges of the Member States. The strategies should be developed in cooperation with all level of governments concerend, including local governments and institutions translating national strategies into the specific context, and in consultation with civil society, independent experts, researchers and other stakeholders.
Amendment 196 #
2023/0135(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Member States should collect and publish data concerning the application of this Directive, which can be analysed and used by the Commission in the context of the monitoring, implementation and evaluation of the Directive, as well as the application of any of the Rule of Law tools, such as the annual Rule of Law report. In order to ensure a comprehensinve overview and assessment of the corruption related trends and systemic corruption issues across the EU, including the identification of areas that have been affected most by the misappropriation of EU funds, the Commission should develop a yearly Anti-corruption Report, which should provide concrete and actionable recommendations to Member States to act upon in order to address identified shortcomings.
Amendment 203 #
2023/0135(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of corruption, as well as measures to better prevent and fight corruption at the national and Union level.
Amendment 204 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘prevention of corruption’ refers to the detection and elimination of the causes of and conditions for corruption in the public and private sector, through development and implementation of a system of appropriate measures to reduce the potential for corruption, as well as to deterrence against corruption-related acts at the national and Union level.
Amendment 214 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) any other person assigned and exercising a public service function or providing a public service in Member States or third countries, for an international organisation or for an international court.
Amendment 219 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b a (new)
Article 2 – paragraph 1 – point 3 – point b a (new)
(ba) any other person defined as a ‘public official’ in the domestic law of a Member State.
Amendment 221 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
(a) a member of an institution, body, office or agency of the Union and the staff of such bodies shall be assimilated to Union officials. , including any person who has been appointed to an established post of one of the institutions, bodies, offices or agencies of the Union. Such persons shall be assimilated to Union officials when the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union laid down in Council Regulation (EEC, Euratom, ECSC) No 259/6860a (the ‘Staff Regulations’) do not apply to them. _________________ 60a OJ L 56, 4.3.1968, p. 1, ELI: http://data.europa.eu/eli/reg/1968/259(1)/ oj.
Amendment 222 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘national official’ means any person holding an executive, administrative, or judicial office or any other person assigned and exercising a public service function at national, regional or local level, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority. Any person holding a legislative office or any other person assigned and exercising a public service function at national, regional or local level is considered a national official for the purpose of this Directive.
Amendment 225 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘breach of duty’ covers as a minimum any disloyal behaviour constituting a breach of a statutory duty, or, as the case may be, a breach of professional regulations or written instructions, which apply within the business or sector of a person who in any capacity directs or works for a private sectorublic or private entity.
Amendment 229 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘high level officials’ are heads of state, heads of central and regional government, members of central and regional government, members of the College of Commissioners of the European Commission, as well as other political appointees who hold a high level public office at Union level, such as the President of the European Council, or at national level, such as deputy ministers, state secretaries, heads and members of a minister’s private office, and senior political officials and senior public officials at Union or national level, as well as members of parliamentary chambers, members of the European Parliament, members of highest Courts, such as Constitutional and Supreme Courts, and members of Supreme Audit Institutions, and executives of state owned corporations.
Amendment 233 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
8a. ‘grand corruption’ means the commission of any of the offences referred to in Articles 7 to 14, where the offence: (a) involved a high level official;or (b) was committed as part of a criminal scheme;or (c) resulted in a gross misappropriation of property;or (d) resulted in, or intended to result in, either a serious human rights violation or abuse, or any other human rights violation or abuse, in so far as that violation or abuse is widespread, systematic or is otherwise of serious concern.
Amendment 238 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)
Article 2 – paragraph 1 – point 8 b (new)
8b. ‘victim’ means a victim as defined in Article 2(1), point (a), of Directive 2012/29/EU of the European Parliament and of the Council, as well as a legal person, as defined in national law, that has suffered harm as a result of any of the offences within the scope of this Directive.
Amendment 241 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 c (new)
Article 2 – paragraph 1 – point 8 c (new)
8c. 'public concerned’ means the persons affected or likely to be affected by the criminal offences within the scope of this Directive; for the purposes of this definition, persons having a sufficient interest or maintaining the impairment of a right as well as civil society organisations, including non- governmental organisations meeting any proportionate requirements under national law shall be deemed to have an interest.
Amendment 243 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States, as well as the institutions, bodies, offices and agencies of the Union, shall take appropriate action, such as information and awareness-raising campaigns and research and education programmes, to raise public awareness among the public and private sector on the harmfulness of corruption and reduce the overall commission of corruption offences as well as the risk of corruption.
Amendment 247 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall take measures to ensure the highest degree of transparency and accountability in public, as well the institutions, bodies, offices and agencies of the Union shall, within the limits of their respective administrations and public decision- making, take measures to ensure the highest degree of integrity, transparency and accountability with a view to prevent corruption.
Amendment 250 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall take measures to ensure that at least the following key preventive tools such asare in place: (a) an open access to information of public interest, including at least the information and data listed under this paragraph; (b) effective rules for the disclosure and management of conflicts of interests in the public sector, effective rules for the disclosure and verification of assets of public officialsand private sector; (c) minimum ethics standards and due diligence obligations in both the public and private sector, including effective rules addressing the interaction between the private and the public sector, rules on lobbying and revolving doors situations, proactive publication of lobby meetings, establishing a public legislative footprint, and establishing the obligation for associations, think tanks and non-profit organisations who engage in interest representation to register in transparency registers and disclose corporate membership; (d) effective rules for the disclosure and verification of assets of public officials, including through access to information contained in beneficial ownership registries, and effective rules regulating the interaction between the private and the public sector are in place.
Amendment 259 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Member States shall take measures to ensure transparency in the funding of candidatures for elected public officials and political parties, through annual reporting mechanisms laying down rules for the reporting, audit and disclosure of political party finance, and obligations to collect and publish all data on income, liabilities and expenditure for participants in election campaigns.
Amendment 261 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. The institutions, bodies, offices and agencies of the Union shall take measures to ensure that key preventive tools, including at least the preventive tools listed under paragraph 3 of this Article, are in place in their respective administrations.
Amendment 264 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. Member States shall adopt comprehensive and up-to-date measures to prevent corruption in both the public and private sectors, adapted to the specific risks of an area of activity. Such measures shall at least include actions to strengthen integrity and, transparency and accountability to prevent opportunities for corruption among:
Amendment 267 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) high level officials, including measures relating to the conduct to be followed during and after the performance of their public function;
Amendment 268 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(b) members of law enforcement and the judiciary, including measures relating to their appointment and, promotion, and dismissal and measues relating to conduct, and by ensuring adequate remuneration and equitable pay scales.
Amendment 271 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The institutions, bodies, offices and agencies of the Union shall put in place comprehensive and up-to-date measures to prevent corruption of Union officials, adapted to the specific risks of the areas of activity covered by their respective administrations. Such measures shall at least include actions to strengthen integrity, transparency and accountability, and to prevent opportunities for corruption among high level Union officials, including measures relating to their appointment and the conduct to be followed during and after the performance of their public function.
Amendment 272 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
Member States, as well the institutions, bodies, offices and agencies of the Union, shall regularly perform an assessment to identify the sectors most at risk of corruption.
Amendment 274 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – introductory part
Article 3 – paragraph 5 – subparagraph 2 – introductory part
Following that assessment, Member States shallas well the institutions, bodies, offices and agencies of the Union shall, within the limits of their respective competences and mandate:
Amendment 278 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b a (new)
Article 3 – paragraph 5 – subparagraph 2 – point b a (new)
(ba) monitor that sectors identified as at risk of corruption adequately implement the actions indicated in the plans referred to in paragraph 5, point (b), and effectively apply the key preventive tools referred to in paragraph 3.
Amendment 281 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Where appropriate, Member States shall take measures to promote the participation ofMember States, as well the institutions, bodies, offices and agencies of the Union shall regularly involve and consult civil society, non- governmental organizations and, community-based organizations and academia, in the development, monitoring, and assessment of anti-corruption laws and policies, and establish an enabling environment for civil society to work and have meaningful engagement in anti- corruption activities.
Amendment 288 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that one or several bodies, or organisation units specialised in the prevention of corruption is or are in place. The tasks of such bodies shall include: (a) the management of asset declarations of public officials; (b) monitoring compliance with transparency rules applicable to public officials and public entities and to the financing of political parties, and the enforcement of sanctions related to breaches of such provisions and rules; (c) monitoring compliance with the statutory provisions and rules related to conflicts of interests in the public and private sectors, and the enforcement of sanctions related to breaches of such provisions and rules; (d) the issuing of warnings related to risks of corruption; (e) cooperation with competent authorities, bodies or organizational units specialized in the repression of corruption.
Amendment 291 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures to ensure that one or several bodies, or organisational units specialised in the repression of corruption is or are in place. The tasks of such bodies shall include the detection, investigation and prosecution of the offences referred to in this Directive, including through evidence gathering and inter-agency cooperation, and the enforcement of sanctions.
Amendment 294 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall take the necessary measures to ensure that an organisational unit specialised in the identification, notification, representation and coordination of victims of corruption is in place.
Amendment 295 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Member States shall take the necessary measures to ensure that the body or bodies, or an organisation unit or units as referred to in paragraph 1, 2 and 2a:
Amendment 296 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) are functionally and operationally independent from the government and have, carry out their functions free from undue political inteferences, and are continually provided with a sufficient number of qualified staff and the financial, technical and technological resources, as well as the powers and tools necessary to ensure the effective performance and the proper administration of their tasks;
Amendment 303 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point b a (new)
Article 4 – paragraph 3 – point b a (new)
(ba) receive and process complaints related to breaches of rules on the prevention of corruption, including those adopted under the key preventing tools referred to under Article 3(3) of this Directive;
Amendment 307 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) operate and take decisions in accordance with transparent procedures established by law, with the effect of ensuring integrity and subject to internal oversight and accountability. mechanisms,
Amendment 308 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point d a (new)
Article 4 – paragraph 3 – point d a (new)
(da) submit regular reports on their activities to the relevant executive and legislative bodies, and publish such reports on their websites, with the effect of ensuring integrity, publicity, and accountability.
Amendment 319 #
2023/0135(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The institutions, bodies, offices and agencies of the Union shall take necessary measures to ensure adequate resources for and the provision of training for Union officials to be able to identify different forms of corruption and corruption risks that may occur in the exercise of their duties and to react in a timely and appropriate manner to any suspicious activity.
Amendment 325 #
2023/0135(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the promise, offer or giving, directly or through an intermediary, of an undue advantage of any kind to a public official for that official or for a third party in order for the public official to act or refrain from acting in accordance with his duty or in the exercise of that official’s functions (active bribery);
Amendment 326 #
2023/0135(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the request or receipt by a public official, directly or through an intermediary, of an undue advantage of any kind or the request or acceptance of a promise of such an undue advantage for that official or for a third party, in order for the public official to act or to refrain from acting in accordance with his duty or in the exercise of that official’s functions (passive bribery).
Amendment 331 #
2023/0135(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the promise, offer or giving, directly or through an intermediary, an undue advantage of any kind to a person who in any capacity directs or works for a private-sector entity, for that person or for a third party, in order for that person to act or to refrain from acting, in breach of that person’s duties, when such breach of duty involves, or could involve, a distortion of competition in relation to the purchase of goods or commercial services, a serious damage to the private-sector entity, or a harm to consumers (active bribery);
Amendment 334 #
2023/0135(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the request or receipt by a person, directly or through an intermediary, of an undue advantage of any kind or the request or acceptance of the promise of such an advantage, for that person or for a third party, while in any capacity directing or working for a private- sector entity, to act or to refrain from acting, in breach of that person’s duties, when such breach of duty involves a distortion of competition in relation to the purchase of goods or commercial services, a significant damage to the private-sector entity, or a harm to consumers (passive bribery).
Amendment 339 #
2023/0135(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the committing, disbursing, appropriation or use by a public official of property whose management is directly or indirectly entrusted to him contrary to the purpose for which it was intended, when such conduct involves a serious damage to the public administration;
Amendment 341 #
2023/0135(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) the committing, disbursing, appropriation or use, in the course of economic, financial, business or commercial activities, by a person who directs or works, in any capacity, in a private sector entity, of any property whose management is directly or indirectly entrusted to him contrary to the purpose for which it was intended, when such conduct involves a serious damage to the private sector entity.
Amendment 344 #
2023/0135(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the promise, offer or giving, directly or through an intermediary, of an undue advantage of any kind to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining a public official to act or refrain from acting in accordance with is duties, or to obtaining an undue advantage from a public official;
Amendment 347 #
2023/0135(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) the request or receipt, directly or through an intermediary, of an undue advantage of any kind or the request or acceptance of a promise of such an advantage to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining a public official to act or refrain from acting in accordance with his duties, or to obtaining an undue advantage from a public official.
Amendment 355 #
2023/0135(COD)
Proposal for a directive
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
Amendment 360 #
2023/0135(COD)
Proposal for a directive
Article 12 – paragraph 1 – point 1
Article 12 – paragraph 1 – point 1
1. the use, directly or through an intermediary, of inducements, physical force, threats or intimidation or the promise, offering or giving of an advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a proceeding concerning any of the offences referred to in Article 7 to 11, 13 and 14;
Amendment 365 #
2023/0135(COD)
Proposal for a directive
Article 12 – paragraph 1 – point 2
Article 12 – paragraph 1 – point 2
2. the use, directly or through an intermediary, of physical force, threats or intimidation to interfere in the exercise of official duties by a person holding a judicial office or a member of law enforcement, or other categories of public officials whose role is to produce accurate evidence and testimony concerning any of the offences referred to in Article 7 to 11, 13 and 14.
Amendment 370 #
2023/0135(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article12a Illicit political financing Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: 1. the promise, offer or giving, directly or through an intermediary, of financial contributions of substantial amount in favour of persons holding presidential, secretarial, political or administrative management positions within political parties or elected into parliaments or governments on regional, national, European and international level or organisations actively campaigning in favour of one specific political party, in violation of applicable laws on political financing, or of applicable transparency rules; 2. the request or receipt, directly or through an intermediary, by persons holding presidential, secretarial, political or administrative management positions within political parties or elected into parliaments or governments on regional, national, European and international level or organisations actively campaigning in favour of one specific political party, of financial contributions of substantial amount in violation of laws on political financing, or of applicable transparency rules.
Amendment 373 #
2023/0135(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall take the necessary measures to ensure that the intentional receipt, acquisition, possession or use, by a public official of property that that official knowsr by any natural or legal persons, of property that that official or person, knows or ought to have known is derived from the commission of any of the offences set out in Articles 7 to 12a and 14, is punishable as a criminal offence, irrespective of whether that official was involved in the commission of that offence. When determining whether the property is derived from the offences set out in Articles 7 to 12a and 14, account shall be taken of all the circumstances of the case, including the specific facts and available evidence, such as that the value of the property is substantially disproportionate to the lawful income of the owner of the property.
Amendment 378 #
2023/0135(COD)
Proposal for a directive
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) the criminal offences referred to in Article 7, 12 and 12a are punishable by a maximum term of imprisonment of at least sixeven years. Offences referred to in Article 7 which have been committed to obtain a legal act shall be punishable by a maximum term of imprisonment of at least five years,;
Amendment 382 #
2023/0135(COD)
Proposal for a directive
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
(a) fines proportionate to the gravity and duration of the offence, and of the damage caused, as well as to the financial benefits accrued by committing the offence;
Amendment 383 #
2023/0135(COD)
Proposal for a directive
Article 15 – paragraph 4 – point c – point iii a (new)
Article 15 – paragraph 4 – point c – point iii a (new)
(iiia) holding a leading position within a legal person of the type used for committing the offence;
Amendment 385 #
2023/0135(COD)
Proposal for a directive
Article 15 – paragraph 4 – point f
Article 15 – paragraph 4 – point f
(f) exclusions from access to public funding, including tender procedures, grants and concessions and licences;
Amendment 386 #
2023/0135(COD)
Proposal for a directive
Article 15 – paragraph 4 – point f a (new)
Article 15 – paragraph 4 – point f a (new)
(fa) national or Union- wide publication of the judicial decision relating to the conviction or any sanctions or measures applied, including by referring them to relevant Union institutions;
Amendment 387 #
2023/0135(COD)
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Member States shall take the necessary measures to enable courts or other competent authorities to take into account the gravity of the offences concerned when considering the eventuality of suspended sentences, early release, parole or the pardoning of persons convicted of such offences.
Amendment 390 #
2023/0135(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that legal persons can be also be held liable for any of the criminal offences referred to in Articles 7 to 14, when such offences are committed for the benefit of those legal persons by any natural person performing services, in any capacity, for or on behalf of the legal person or its subsidiaries.
Amendment 391 #
2023/0135(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall take the necessary measures to ensure that legal persons can be held liable where the lack of effective supervision or control by a person referred to in paragraph 1 has made possible the commission, including by any of the persons under his authority, of any of the criminal offences referred to in Articles 7 to 14 for the benefit of that legal person.
Amendment 392 #
2023/0135(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall take the necessary measures to ensure that a legal person held liable for criminal offences pursuant to Article 16 are punishable by effective, proportionate and dissuasive sanctions. The level of sanctions shall be proportionate and adapted to reflect the degree of severity and duration of the offence, and of the damage caused.
Amendment 393 #
2023/0135(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) criminal or non-criminal fines, twhich are proportionate and commensurate to the gravity of the offence. The maximum limit of which shouldsuch fines shall not be less than twice the gross gain, or twice the gross loss, caused by the offence, or 5 percent of the total worldwide turnover of the legal person, including related entities, in the business year preceding the decision imposing the fine;
Amendment 397 #
2023/0135(COD)
Proposal for a directive
Article 17 – paragraph 2 – point i a (new)
Article 17 – paragraph 2 – point i a (new)
(ia) national or Union- wide publication of the judicial decision relating to the conviction or any sanctions or measures applied, including by referring them to relevant Union institutions.
Amendment 398 #
2023/0135(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Amendment 402 #
2023/0135(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c a (new)
Article 18 – paragraph 1 – point c a (new)
(ca) the offender took advantage of the vulnerable situation of a person involved in the commission of the offence;
Amendment 403 #
2023/0135(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c b (new)
Article 18 – paragraph 1 – point c b (new)
(cb) the offender resorted to ingenious deception or instrumentalisation of public officials in the perpetration of the offence;
Amendment 404 #
2023/0135(COD)
Proposal for a directive
Article 18 – paragraph 1 – point e a (new)
Article 18 – paragraph 1 – point e a (new)
(ea) the offender actively obstructs inspection, or investigation activities, tampers or destroys evidence, or intimidates or interferes with witnesses or complainants;
Amendment 409 #
2023/0135(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) where the offender is a legal person and it has implemented effective internal controls, prevention tools, ethics awareness, and compliance programmes to prevent corruption prior to or after the commission of the offence; and
Amendment 410 #
2023/0135(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States shall take the necessary measures to ensure that, as well as the Union institutions, offices, agencies and bodies shall take the necessary measures to ensure that, with regard to their respective administrations, privileges or immunities from investigation and prosecution granted to nationalpublic officials, for the offences referred to in this Directive: a) are limited to acts carried out in the performance of official duties; b) only apply to acts carried out during a person's term in office or period of service as a public official;and c) can be lifted through an objective, impartial, effective and transparent process pre-established by law, based on clear criteria, and that is concluded within a reasonable timeframe. , and that is subject to review by the public concerned, subject to proportionality requirements as provided under national law.
Amendment 413 #
2023/0135(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
Member States shall take the necessary measures to ensure that there is no personal immunity from investigation and prosecution granted to high level officials for corruption offences committed through legal persons or arrangements that are personal asset-holding vehicles.
Amendment 414 #
2023/0135(COD)
Proposal for a directive
Article 19 – paragraph 1 b (new)
Article 19 – paragraph 1 b (new)
Member States shall take the necessary measures to ensure that in cases of grand corruption, personal immunity is not granted to high level officials of the investigating or prosecuting Member State if the criminal offence concerns goods, services, transactions or activities of a value of at least EUR 10 000 000. In cases of grand corruption involving high level officials from another Member State, Member States shall take the necessary measures to ensure that personal immunity is not granted to such officials if the criminal offence concerns goods, services, transactions or activities of a value of at least EUR 10 000 000.
Amendment 415 #
2023/0135(COD)
Proposal for a directive
Article 19 – paragraph 1 c (new)
Article 19 – paragraph 1 c (new)
Member States, as well as EU institutions, offices, agencies and bodies shall take necessary measures to establish procedures through which a public official accused of an offence as referred to in this Directive may, where appropriate, be removed, suspended or reassigned by the competent authority, without prejudice to the principle of presumption of innocence.
Amendment 419 #
2023/0135(COD)
Proposal for a directive
Article 20 – paragraph 1 – point c a (new)
Article 20 – paragraph 1 – point c a (new)
(ca) the offence is committed in any Member State, in the case of grand corruption.
Amendment 422 #
2023/0135(COD)
Proposal for a directive
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) fifteen years from the time when the offence was committed, for the start of the prosecution of the criminal offences referred to in Articles 7 and 12;
Amendment 423 #
2023/0135(COD)
Proposal for a directive
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) ten years from the time when the offence was committed, for the start of the prosecution of the criminal offences referred to in Articles 8 to 11;
Amendment 424 #
2023/0135(COD)
Proposal for a directive
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) eight years from the time when the offence was committed, for the start of the prosecution of the criminal offences referred to in Articles 12a, 13 and 14.
Amendment 427 #
2023/0135(COD)
Proposal for a directive
Article 21 – paragraph 3 – introductory part
Article 21 – paragraph 3 – introductory part
3. By way of derogation from paragraph 2, Member States may establish a shorter limitation period, provided that the period may be interrupted or suspended in the event of specified actprocedural acts or judicial decisions and that the applicable rules on the suspension and limitation periods do not hamper the effectiveness of the judicial process and the dissuasive application of penalties. This period shall not be shorter than:
Amendment 428 #
2023/0135(COD)
Proposal for a directive
Article 21 – paragraph 3 – point a
Article 21 – paragraph 3 – point a
(a) ten years for the start of the prosecution of the criminal offences referred to in Articles 7 and 12;
Amendment 429 #
2023/0135(COD)
Proposal for a directive
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
(b) eight years for the start of the prosecution of the criminal offences referred to in Articles 8 to 11;
Amendment 430 #
2023/0135(COD)
Proposal for a directive
Article 21 – paragraph 3 – point c
Article 21 – paragraph 3 – point c
(c) five years for the start of the prosecution of the criminal offences referred to in Articles 12a, 13 and 14.
Amendment 432 #
2023/0135(COD)
Proposal for a directive
Article 21 – paragraph 4 – point c
Article 21 – paragraph 4 – point c
(c) eight years from the date of the final conviction for any of the criminal offences referred to in Articles 12a, 13 and 14.
Amendment 434 #
2023/0135(COD)
Proposal for a directive
Article 21 – paragraph 5 – point c
Article 21 – paragraph 5 – point c
(c) five years from the date of the final conviction for any of the criminal offences referred to in Articles 12a, 13 and 14.
Amendment 436 #
2023/0135(COD)
Proposal for a directive
Article 21 – paragraph 5 a (new)
Article 21 – paragraph 5 a (new)
5a. Member States shall take the necessary measure to ensure that no limitation period applies to offences that qualify as grand corruption.
Amendment 438 #
2023/0135(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall take the necessary measures to ensure that Directive (EU) 2019/1937 is applicablegranted to the reporting of the offences referred to in Articles 7 to 14 and the protection of persons reporting such offences.
Amendment 440 #
2023/0135(COD)
2a. Member States shall create instruments in accordance with their national legal system to enable persons to anonymously report offences covered by this Directive, where such instruments do not yet exist.
Amendment 449 #
2023/0135(COD)
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article23a National Strategies To ensure a coherent approach to preventing and combating corruption, Member States shall adopt, publish and periodically review a national strategy on preventing and combating corruption, establishing objectives, priorities and corresponding measures and resources needed. Such national strategy shall be developed in consultation with civil society, independent experts, researchers and other stakeholders, and shall take into account the needs, specificities and challenges of the Member States.
Amendment 451 #
2023/0135(COD)
Proposal for a directive
Article 23 b (new)
Article 23 b (new)
Amendment 452 #
2023/0135(COD)
Proposal for a directive
Article 23 c (new)
Article 23 c (new)
Article23c Rights for the public concerned to participate in proceedings Member States shall take the necessary measures to ensure that the public concerned have appropriate rights to participate in the proceedings covered by this Directive, for instance as a civil party, where as a result of a corruption offence they have a sufficient interest, and are entitled to maintain the impairment of a right, in accordance with national law. Member States shall take the necessary measures to ensure that members of the public concerned may participate in the proceedings covered by this Directive, including by taking action before the courts or competent administrative bodies, when they meet at least the following criteria: (a) have a non-profit making character; (b) have a statutory objective that is relevant to the action brought before a relevant court or competent administrative body with regard to one of the offences covered by this Directive; (c) have been established for at least five years prior to the date of its application to the relevant court or competent administrative body; (d) make publicly available in plain and intelligible language by any appropriate means, information that demonstrates that the entity complies with the criteria required to participate in the proceedings covered by this Directive and information about the sources of their funding, its organisational structure, its statutory purpose and its activities.
Amendment 455 #
2023/0135(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF) and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in this Directive. To that end, where appropriate, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti- Fraud Office (OLAF), and the Commission shall provide technical and operational assistance in accordance with their respective mandates to facilitate the coordination of investigations and prosecutions by the competent authorities and the European Public Prosecutor’s Office.
Amendment 457 #
2023/0135(COD)
Proposal for a directive
Article 24 a (new)
Article 24 a (new)
Article24a Anti-corruption network An anti-corruption network shall be established to support the Commission and to facilitate the exchange of best practices in relation to the implementation of this Directive, and to provide practical guidance to competent authorities in various areas of common interest. The network shall be composed of representatives from specialised bodies referred to in Article 3, relevant civil society organisation, independent experts, researchers and other stakeholders and shall be chaired by the Commission. The network shall be convened at regular intervals. The network shall: (a) advise the Commission in relation to the implementation of the measures provided for in this Directive; (b) analyse national strategies on anti- corruption adopted by Member States in order to identify best practices; (c) share best practices to improve cooperation among competent authories and Europol, Eurojust, and the European Public Prosecutors Office with third countries.
Amendment 461 #
2023/0135(COD)
Proposal for a directive
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. The Commission shall inform Member States about financial resources at Union level to promote and facilitate Member States international cooperation on anti-corruption, and to support their competent authorities cooperation with third countries through technical assistance porgrammes and projects.
Amendment 464 #
2023/0135(COD)
Proposal for a directive
Article 26 – title
Article 26 – title
Data collection and, statistics, and reporting
Amendment 467 #
2023/0135(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall collect disaggregated statistical data on the criminal offences as referred to in Articles 7 to 14 of this Directive.
Amendment 473 #
2023/0135(COD)
Proposal for a directive
Article 26 – paragraph 2 – point f a (new)
Article 26 – paragraph 2 – point f a (new)
(fa) the assets frozen and confiscated in relation to corruption offences, and their estimated value;
Amendment 475 #
2023/0135(COD)
Proposal for a directive
Article 26 – paragraph 2 – point j a (new)
Article 26 – paragraph 2 – point j a (new)
(ja) the number and form of non-trial resolutions entered into with legal persons;
Amendment 476 #
2023/0135(COD)
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Member States shall, on an annual basis and by 1 June,: a) publish, in a machine- readable and disaggregated format, the statistical data referred to in paragraph 2 for the previous year and inform; b) produce a quantitative and qualitative assessment carried based on the statistical data referred to in paragraph 2 for the previous year; c) transmit such data and assessement to the Commission thereof.
Amendment 478 #
2023/0135(COD)
Proposal for a directive
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. The Commission shall, within one year from the entry into force of this Directive, develop tools and processes to facilitate the reporting referred to in paragraph 3, including standard formats for the different types of reported data, to ensure their relevance and objectivity.
Amendment 479 #
2023/0135(COD)
Proposal for a directive
Article 26 – paragraph 3 b (new)
Article 26 – paragraph 3 b (new)
Amendment 480 #
2023/0135(COD)
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article26a EU Anti-Corruption Report The results of the comparative analysis referred to in Article 26 shall be made public by the Commission, on an annual basis and by 1 April, in the form of a yearly EU Anti-Corruption Report. The Anti-Corruption Report shall include: (a) a comprehensive country-specific assessment of anti-corruption efforts and related results achieved in each Member State in key public and private sectors for the previous year; (b) a comprehensive overview of the public and private sectors most affected by misappropriation of EU funds in each Member State; (c) the identification of corruption-related trends across Member States, and a detailed description of systemic corruption issues at the Union level for the previous year; (d) sector-specific recommendations for each Member States, taking into account to the severity and impact of the corruption-related challenges, and modulated according to the scale of potential impact for a wider range of Union policies. Within three months from the publication of the Anti-Corruption Report, the Member States shall provide written replies to the Commission, indicating measures and follow up actions to be taken to address the identified country- specific and sector-specific shortcomings. The Commission shall promptly review and publish the replies provied by the Member States.
Amendment 481 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 2
Article 28 – paragraph 1 – point 2
(2) In Article 4(2), the words ‘passive and active corruption’, ‘passive corruption’ and ‘active corruption’ are replaced respectively by ‘passiv is replaced by the following: '(1) Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: (a) the promise, offer, giving or rewarding, directly or through an intermediary, of an undue advantage of any kind to a public official for that official or for a third party in order for the public official to act or refrain from acting or in the exercise of that official’s functions in a way which damages or is likely to damage the Union’s financial interests (active bribery); (b) the request or receipt by a public official, directly or through an intermediary, of an undue advantage of any kind or the acceptance of an offer or the promise of such an advantage for that official or for a third party, in order for the public official to act or to refrain from acting or in the exercise of that official’s functions in a way which damages or is likely to damage the Union’s financial interests (passive bribery). Member States shall take the necessary measures to ensure that it is presumed that any act of passive bribery or committed by a ‘Union official’, has the aim of deviating resources from the lawful exercise of their public office and, active bribery in the public sector’, ‘passive bribery in the public sector’ and ‘active bribery in the public sector’. s such, implies a damage to Union’s financial interests. (2) Member States shall take the necessary measures to ensure that the following conduct shall be punishable as a criminal offence, when committed intentionally and in the course of economic, financial, business or commercial activities: (a) the promise, offer, giving or rewarding, directly or through an intermediary, of an undue advantage of any kind to a person who in any capacity directs or works for a private-sector entity, for that person or for a third party, in order for that person to act or to refrain from acting, in breach of that person’s duties in a way which damages or is likely to damage the Union’s financial interests (active bribery); (b) the request or receipt by a person, directly or through an intermediary, of an undue advantage of any kind or the promise of such an advantage, for that person or for a third party, while in any capacity directing or working for a private-sector entity, to act or to refrain from acting, in breach of that person’s duties in a way which damages or is likely to damage the Union’s financial interests (passive bribery).’
Amendment 482 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 2 a (new)
Article 28 – paragraph 1 – point 2 a (new)
(2a) Article 4(3) is replaced by the following: '3. Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: (a) the committing, disbursing, appropriation or use by a public official of property whose management is directly or indirectly entrusted to him contrary to the purpose for which it was intended in any way which damages the Union’s financial interests or is likely to damage the Union’s financial interests; (b) the committing, disbursing, appropriation or use, in the course of economic, financial, business or commercial activities, by a person who directs or works, in any capacity, in a private sector entity, of any property whose management is directly or indirectly entrusted to him contrary to the purpose for which it was intended in any way which damages the Union’s financial interests or is likely to damage the Union’s financial interests.’
Amendment 483 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 2 b (new)
Article 28 – paragraph 1 – point 2 b (new)
Amendment 484 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 2 c (new)
Article 28 – paragraph 1 – point 2 c (new)
(2c) Article 5(2) is replaced by the following: '2.Member States shall take the necessary measures to ensure that attempting an offence referred to in Articles 3 and 4(3), (3b) to (3d) of this Directive is punishable as a criminal offence. Member States shall take the necessary measures to ensure that the criminal offence referred to in Article 4(2(2)) to 4(3b) is punishable by a maximum penalty of at least six years of imprisonment.
Amendment 485 #
2023/0135(COD)
Member States shall take the necessary measures to ensure that the criminal offences referred to in Articles 3, 4(1), 2(1) and (23c) are punishable by a maximum penalty of at least six years of imprisonment when they involve considerable damage or advantage.
Amendment 486 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 3
Article 28 – paragraph 1 – point 3
Directive (EU) 2017/1371
Article 7(3)
Article 7(3)
Member States shall take the necessary measures to ensure that the criminal offence referred to in Article 4(32(2)) to 4(3b) is punishable by a maximum penalty of at least five years of imprisonment when it involves considerable damage or advantage.
Amendment 487 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 3
Article 28 – paragraph 1 – point 3
Directive (EU) 2017/1371
Article 7(3)
Article 7(3)
Member States shall take the necessary measures to ensure that the criminal offence referred to in Article 4(3d) and (3e) is punishable by a maximum penalty of at least five years of imprisonment
Amendment 488 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 3
Article 28 – paragraph 1 – point 3
Directive (EU) 2017/1371
Article 7(3)
Article 7(3)
Amendment 489 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 3
Article 28 – paragraph 1 – point 3
Directive (EU) 2017/1371
Article 7(3)
Article 7(3)
Amendment 490 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 4 – introductory part
Article 28 – paragraph 1 – point 4 – introductory part
(4) In Article 7, paragraph (4) is replaced by the following:deleted
Amendment 491 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 4
Article 28 – paragraph 1 – point 4
Directive (EU) 2017/1371
Article 7(4)
Article 7(4)
Amendment 492 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(a) fifteen years from the time when the offence was committed, for the criminal offences referred to in Articles 3, 4(1) and (2(1)) and (3c);
Amendment 493 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(b) ten years from the time when the offence was committed for the criminal offence referred to in Article 4 (2(2)) to (3b).
Amendment 494 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraph (2), (3), and (4)
Article 12, paragraph (2), (3), and (4)
(ba) eight years from the time when the offence was committed, for the criminal offences referred to in Article 4(3d) to (3f) and 5.
Amendment 495 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
(a) ten years for the criminal offences referred to in Articles 3, 4(1), (2(1)) and (23c);
Amendment 496 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(b) eight years for the criminal offence referred to in Article 4(3).2(2)) to (3b)
Amendment 497 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(ba) five years for the criminal offences referred to in Articles 4(3d) to (3f) and 5
Amendment 498 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(a) fifteen years from the date of the final conviction for any of the criminal offences referred to in Articles 3, 4(1) and (2(1)) and (3c);
Amendment 499 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(b) ten years from the date of the final conviction for the criminal offence referred to in Article 4(3).2(2)) to (3b);
Amendment 500 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(ba) five years for the criminal offences referred to in Articles 4(3d) to (3f) and 5.
Amendment 501 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(a) ten years from the date of the final conviction for any of the criminal offences referred to in Articles 3, 4(1) and 4(2(1)) and (3c);
Amendment 502 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(b) eight years from the date of the final conviction for the criminal offence referred to in Article 4(3).2(2)) to (3b)
Amendment 503 #
2023/0135(COD)
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
Amendment 16 #
2022/2898(RSP)
Citation 35 a (new)
— having regard to its resolution of 24 November 2022 on the assessment of Hungary’s compliance with the rule of law conditions under the Conditionality Regulation and state of play of the Hungarian RRP,
Amendment 45 #
2022/2898(RSP)
Recital F a (new)
Fa. whereas since May 2022, the Parliament has also addressed the rule of law situation in Hungary, Malta and Poland in its plenary resolutions; whereas Parliament’s Committee on Civil Liberties, Justice and Home Affairs’ Democracy, Rule of Law and Fundamental Rights Monitoring Group has also addressed certain issues in Bulgaria, Greece, Slovakia, Slovenia and Spain;
Amendment 78 #
2022/2898(RSP)
Paragraph 6
6. Welcomes the addition of country- specific recommendations, as a follow up to the reiterated calls from Parliament to this end; recalls that the annual reports serve as a basis for informed discussions on the rule of law situation in Member States; acknowledges that these country- specific recommendations help to target specific issues with a view to achieving real improvements in Member States; deplores, however, the fact that the recommendations are not binding; calls on the Commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report, with specific benchmarks and a clear timeline for implementation, clearly indicating progress and regression;
Amendment 107 #
2022/2898(RSP)
Paragraph 12 a (new)
Amendment 111 #
2022/2898(RSP)
Paragraph 12 b (new)
Amendment 121 #
2022/2898(RSP)
Paragraph 15
15. Reiterates the recommendations to the Commission to differentiate between systemic and individual breaches, and to accompany the country-specific recommendations with deadlines for implemgrets the fact that the report fails to clearly recognise the deliberate process of the rule of law backsliding in several Member States; calls on the Commission to make clear that when the Article 2 TEU values are being systematically, deliberately, gravely and permanently violated over a period of time, Member States could fail to meet all criteria that define a democracy and become authoritarian regimes; recalls that the Parliament has already indicated that Hungary has turned into a hybrid regime of electoral autocracy, according to the relevant indices; reiterates the recommendations to the Commission to differentiation, targets and concrete actions to be takene between systemic and individual breaches, to avoid the risk of trivialising the most serious breaches of the rule of law;
Amendment 124 #
2022/2898(RSP)
Paragraph 16
16. Recalls its position regarding the involvement of a panel of independent experts to advise the three institutions, in close cooperation with the FRA; repeats its call on the Commission to invite the FRA to provide methodological advice and conduct comparative research to add detail in key areas of the annual report, given the intrinsic links between fundamental rights and the rule of law; asks its Bureau, in light of the reluctance of the Commission and the Council, to organise a public procurement procedure in order to create such a panel under the auspices of Parliament, in line with the commitment undertaken in its previous resolutions1a, in order to advise Parliament on compliance with Article 2 TEU values in different Member States and to show by example how such a panel could work in practice; _________________ 1a Resolutions of 24 June 2021 on the Commission’s 2020 Rule of Law Report and of 19 May 2022 on the Commission’s 2021 Rule of Law Report
Amendment 126 #
2022/2898(RSP)
Paragraph 16 a (new)
16a. Reiterates its call on the Commission to consider a more comprehensive and ambitious revision of the FRA Regulation; calls on the Commission, therefore, to explore in the long-term the full potential of developing the FRA in accordance with principles relating to the status and functioning of national institutions for the protection and promotion of human rights (the Paris Principles) in order for it to become a fully independent body providing impartial and publicly available positions on country-specific situations in the field of democracy, the rule of law and fundamental rights; underlines that such development should go hand in hand with an increase in available resources for the FRA;
Amendment 127 #
2022/2898(RSP)
Paragraph 16 b (new)
16b. Considers that cooperation with the Council of Europe and other international organisations is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EU; calls on the Commission to analyse systematically data on non-compliance with judgments of the European Court of Human Rights and views of the UN Treaty Bodies concerning individual communications;
Amendment 131 #
2022/2898(RSP)
Paragraph 17
17. Reiterates that the annual rule of law cycle should serve as input for the activation of other instruments to respond to threats or breaches of the rule of law at national level, such as Article 7 TEU, the Rule of Law Conditionality Regulation; infringement procedures, the Rule of Law Framework, infringement procedures, including expedited procedures, applications for interim measures before the CJEU and actions regarding non-implementation of CJEU judgments, or instruments under EU financial legislation; reiterates its call on the Commission to create a direct link between the annual rule of law reports, among other sources, and the Rule of Law Conditionality Mechanism;
Amendment 132 #
2022/2898(RSP)
Paragraph 18
18. Instructs its President to forward this resolution to the Council and the Commission, the Commission, the European Union Agency for Fundamental Rights, the Council of Europe, the OSCE, the United Nations and the governments and parliaments of the Member States.
Amendment 7 #
2022/2082(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the Multiannual Financial Framework heading 7 ‘European public administration’ accounts for EUR 10.7 billion or 5,9% of the Union budget in 2021, of which Parliament accounts for EUR 2.1 billion or 19,4%; notes that the Court examined a sample of 60 transactions of this Multiannual Financial Framework heading and found that 15 contained errors (25%), out of which the Court has quantified 5 errors and estimated on that basis that the level of error of the Union’s spending on administration in 2021 is below the materiality threshold; calls on the Court to widen its sample of transactions examined to define the origin of high share of transactions which contain errors, although below the materiality threshold;
Amendment 10 #
2022/2082(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Observes that the position of Parliament’s administration is that Article 175(1) and Article 163(1) of the Financial Regulation defining the use of negotiated procurement procedures for high-value contracts only apply to direct management, while political groups manage the funds allocated to them according to the principles of indirect management in analogical application of Article 62(1)(c) of the Financial Regulation; welcomes, however, that Parliament accepted the Court’s recommendation to revise its guidelines on the application of the rules on public procurement by the political groups to better align them with the Financial Regulation; notes the commitment of Parliament’s administration to continue to support the political groups for the appropriations to be used in accordance with the applicable rules; calls on the Secretary General to report back to the Budgetary Control Committee when new guidelines on the application of the rules on public procurement by the political groups will be revised;
Amendment 14 #
2022/2082(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that, in particular, the Court further examined a payment of EUR 74.9 million related to the purchase of the Scholl building on Rue Wiertz, the purchase of which was financed from funds that were not used during the COVID-19 crisis and carried over from 2020; notes that, when seeking offers, Parliament used award criteria that weighted 50% of points for both price and quality of the proposed building; notes that Parliament received two offers and awarded the contract to the tenderer proposing the Scholl building, significantly closer to Parliament’s main site but 30% more expensive per square metre than the building proposed by the other tenderer; notes with concern that the Court considered that Parliament’s award criteria significantly reduced the importance of price as a basis for the purchase decision, making it unlikely that any other offer could have been accepted; stresses the importance in guaranteeing a level playing field to all tenderers and a potential reputational risk the Parliament could suffer in case of any procurement related irregularities;
Amendment 17 #
2022/2082(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the 2021 follow-up process resulted in the closure of 47 of the 99 open actions and for which the agreed due dates for implementation had expired; regretsstresses the fact that some of the 52 remaining actions were recommended several years ago but remain unimplemented and highlights that 23 of them address significant risk; expects the different directorates-general to ensure that the remaining actions are closed without any further delay and that the agreed actions will be implemented in accordance with the due dates set in the internal auditor’s annual report; calls on the Secretary- General to report to the discharge authority on the closuretwice per year on the status of the remaining actions;
Amendment 18 #
2022/2082(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Acknowledges that, in accordance with Article 118(9) of the Financial Regulation, “the reports and findings of the internal auditor, as well as the report of the Union institution concerned, shall be accessible to the public after validation by the internal auditor of the action taken for their implementation”; notes that in practice the reports and findings are only published once all recommendations have been implemented; regrets that this results in a de facto delay of publication for several years; also regrets that Members may only read them in the secure reading room for as long as recommended measures have not been implemented; calls on the Bureau to allow Members to have immediate and full access to the internal audit reports; further calls on the Bureau to make each internal audit report available to the public one year after its finalisation, once the internal auditor has validated the actions taken to implement the previous year’s recommendations; recalls that a validation of recommendations does not require all recommendations to be fully implemented; calls on the internal auditor to regularly report to the Committee on Budgetary Control on the annual audit activities carried out;
Amendment 27 #
2022/2082(DEC)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Is appalled by the fact that the members of the Bureau have not only ignored the demand of majority of the plenary for a reform of the General Expenditure Allowance (GEA) to make the expenditure more transparent and accountable but have amended the respective rules at their meeting of 17 October 2022 in a way that contradicts these demands;
Amendment 28 #
2022/2082(DEC)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Recommends that the Committee on Budgetary Control should be systematically informed whenever a proposal arising from a discharge resolution is going to be discussed by the Bureau and calls on the Secretary- General to always include a clear list of the Bureau discussions and votes when providing the replies to the discharge resolutions; suggests to amend the Rules of Procedures so as to require all Bureau decisions on matters previously addressed in the discharge resolutions to be subject to a final plenary vote to ensure that they adequately take into account the will of the majority of the plenary;
Amendment 29 #
2022/2082(DEC)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Welcomes the proposal from the Secretary-General to enable the Bureau to debate draft decisions on important matters and decide on those at its following meeting; invites the Bureau and Quaestors to implement that practice;
Amendment 40 #
2022/2082(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recalls that Article 4 of the President’s decision of 1 June 2021 on security measures to limit the spread of COVID-19 provided for temperature checks on any person entering Parliament’s buildings; notes that, for that purpose, Parliament purchased different models of body temperature detectors for a total amount of EUR 595 459.,63 (382 515,63 in 2020 and EUR 212 944 in 2021); observes that of the equipment purchased in 2021, 40 temperature detection units installed in the metal detectors were not used as of the 14 March 2022 and 4 cameras are now kept in storage; recalls that no provision was introduced to prevent people who had been denied entry from simply trying again moments later; observes that there is no data on the number of persons having been denied access to Parliament’s premises during the period of validity of the measure; regrets the conclusion that it is thus not possible to assess the effectiveness of the body temperature checks or the purchase of the equipment and stresses the fact that no public money should ever be dispersed in a way that would not allow for a check on the regularity of spending nor the effectiveness of its use;
Amendment 42 #
2022/2082(DEC)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Notes that following complaints from cleaning staff, a new contractor was hired for the cleaning of Parliament’s main buildings; welcomes that the new contractor is subject to stricter obligations ensuring fair working conditions; recalls that the new contractor committed to taking over all employees who had been employed by the former contractor for at least nine months and requests Parliament to ensure this commitment is actually adhered to; emphasises that staff that is taken over should be offered the possibility to work the same amount of hours they did under the former contractor;
Amendment 72 #
2022/2082(DEC)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Regrets that the applicable rules currently prohibit APAs to accompany Members on official Parliament delegations and committee missions; points out that the technical support that APAs provide during missions is of key importance to the participating Members, in particular when they are involved in the organisation or play a specific role; is concerned that this situation compelsin practice leads to Members to resort to financing APAs’ travel with the general expenditure allowance and obliges APAs to use their annual leave, thus jeopardising their insurance coverage, which represents a serious reputational risk for Parliament; regrets that neitherurges the Bureau norand the Conference of Presidents have followed up on the long-standing requto change the current rulest to allow APAs, under certain conditions yet to be determined, to accompany Members on official Parliament delegations and missions, as reiterated by several discharge resolutions; urges the Bureau and the Conference of Presidents to respond positively to this demandnd by doing so remedy a situation where existing rules are not followed, posing a risk to APAs and a serious reputational risk for Parliament;
Amendment 73 #
2022/2082(DEC)
Motion for a resolution
Paragraph 55 a (new)
Paragraph 55 a (new)
55a. Reiterates that APAs accompanying Members to the part- sessions in Strasbourg, should be issued a mission order and be reimbursed in accordance with the applicable rules;
Amendment 76 #
2022/2082(DEC)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Welcomes the fact that the Bureau’s last revision of the rules for visitors’ groups introduced the possibility for Members to designate professionals to hold the financial responsibility, which has brought about a decrease of APAs as heads of visitors’ groups to 28%; reiterates that APAs should not be compelled to take on such financial responsibility, which can amount to substantial sums of money in some cases; insists, therefore, to the Bureau that APAs be eliminatfully excluded from the list of permitted heads of groups, leaving only a member of the sponsored group or a professional, such as paying agents or travel agencies, to take up the role;
Amendment 78 #
2022/2082(DEC)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Recalls that Members may offer APA’s position or a traineeship to nationals of third countries, provided that they ensure that traineeshey comply with visa requirements of the country of designation; notes that third- country workers coming to Belgium for a traineeship in Brussels longer than 90 days must apply for a prior authorisation with the competent regional public service, i.e. Brussels Economy and Employment; is alarmed that Parliament’s competent service agreed with the latter that the relevant Member’s office would submit the candidate’s dossier which in practice means that an APA from the member’s office is appointed responsible before the public authorities, including the provision of their personal data and being legally accountable; calls on Parliament’s administration to find a different solution that will not endanger the privacy and legal security of the APAs or be a risk to the security of Parliament;
Amendment 84 #
2022/2082(DEC)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Stresses that transparency, accountability, and integrity are essential ethics principles within the Union institutions and particularly Parliament as house of the European democracy; recallnotes that unethical behaviours must be prevented,weak ethics rules and a lack of enforcement have the potential to compromise the integrity of the institution; recalls that all must be done to prevent unethical behaviours and in case it appeared it must be persecuted and condemned for significantly damage to the credibility and legitimacy of the Union and constitute a serious threat to democracy and public trust; recalls the Court’s conclusions and recommendations in its special report 13/2019 on the ethnical frameworks of Union institutions, as well as Parliament’s resolution of 16 September 2021 on strengthening transparency and integrity in the Union institutions by setting up an independent Union ethics body; as well as Parliament’s resolution of 15 December 2022 on Suspicions of corruption from Qatar and the broader need for transparency and accountability in the European institutions1a; _________________ 1a This amendment is based on a recommendation from Transparency International;
Amendment 92 #
2022/2082(DEC)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Calls for a thorough overhaul of Parliament’s ethical framework that integrates lessons learned and strengthens the current rules to ensure that there are stronger deterrents to address effectively current and future threats and interferences, whether they affect Members or staff; stresses that illegal activities funded by paid lobbying constitutes a profound attack on democracy and shouldmust be met with zero tolerance and heightened vigilance; calls in particular for a revision of the Rules of Procedure and the Members’ Code of Conduct, as well as for an urgent upgrade of the current European Parliament’s Advisory Committee on the Conduct of Members, in order to ensure that Members act without any undue influence from interest representatives by means of a strict regulation of paid activities during the mandate, gifts or travel invitations, future employment expectations, and of undue use of information or contacts;
Amendment 102 #
2022/2082(DEC)
Motion for a resolution
Paragraph 62 b (new)
Paragraph 62 b (new)
62b. Welcomes that Parliament’s infrastructure to enable Members to publish scheduled meetings with interest representatives has been updated and is now linked to both the Transparency Register and the Legislative Observatory; stresses that this has allowed the Legislative Observatory to display all lobby meetings that have taken place in relation to a specific file in a user friendly way which greatly enhances lobby transparency; asks Parliamentary Services to create a separate login for Parliamentary assistants to draft entries in the system which members can subsequently review and validate; calls on Parliamentary Services to also create a user-friendly online repository to publish information on lobby meetings in open data format, with links to relevant information from the Transparency Register and the Legislative Observatory1a; _________________ 1a This amendment is based on a recommendation from Transparency International;
Amendment 105 #
2022/2082(DEC)
Motion for a resolution
Paragraph 62 c (new)
Paragraph 62 c (new)
62c. Recalls that according to Parliament’s Rules on Public Hearings adopted by the Bureau1a, interest representatives may only be invited as speakers at Parliament’s events, including Committee meetings, if they are registered in the Transparency Register; stresses that the Secretariat of the Committee or Parliament’s governing body organising a hearing is responsible to ensure compliance with this obligation; regrets that Committee hearings and other events have taken place in the past with interest representatives who were not registered in the Transparency Register; calls on the Committee Secretariats and relevant governing bodies to ensure strict compliance with this obligation in the future for all events organised in cooperation with Parliament’s administration; _________________ 1a Rules on Public Hearings, Bureau Decision of 18 June 2003;
Amendment 106 #
2022/2082(DEC)
Motion for a resolution
Paragraph 62 d (new)
Paragraph 62 d (new)
Amendment 107 #
2022/2082(DEC)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Notes that the Advisory Committee on the Conduct of Members investigated two cases of alleged breaches of the Code of Conduct in 2021, in one of which the President decided to impose a penalty in the form of a reprimand on the concerned Members in July 2021; notes that Parliament’s administration verified one case of a possible conflict of interest under the Implementing Measures for the Statute of Members due to the recruitment of a family relative identified in 2021, which in turn eventually led to the initiation in 2022 of a recovery procedure of the misused parliamentary assistance expenditure;)
Amendment 108 #
2022/2082(DEC)
Motion for a resolution
Paragraph 63 a (new)
Paragraph 63 a (new)
63a. Regrets that despite at least 25 breaches of the Code of Conduct by Members were recorded in the past eleven years, Parliament’s Presidents have not a single time imposed a financial sanction on a Member; calls on the President to consider imposing financial sanctions when it has been proven that Members have breached the Code of Conduct to ensure the sanctions actually have a deterrent effect;
Amendment 109 #
2022/2082(DEC)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Notes that in 2021 the European Anti-Fraud Office (OLAF) investigated 18 cases and the European Prosecutor’s Office (EPPO) investigated 3 cases involving Parliament on issues related to Members’ financial and social entitlements, the financing of political structures; notes that, out of 18 OLAF investigations, 4 led to a report with financial recommendations, 1 led to a final report with disciplinary recommendations, 5 led to a decision to dismiss the case, and 8 are still ongoing in 2022; notes also that OLAF investigated 5 cases involving Parliament’s staff, out of which 2 were closed in 2021 without any recommendation and 3 were not concluded; notes that none of the EPPO investigations were concluded in 2021; asks the administration whether the recommendations made by OLAF have been fully implemented and the amounts at risk have been recovered (particularly the EUR 1 837 000 found to be paid irregularly), as well as to provide a summary, without any sensitive data, of the typology of cases investigated in order to be able to draw conclusions and make improvements;
Amendment 110 #
2022/2082(DEC)
Motion for a resolution
Paragraph 64 a (new)
Paragraph 64 a (new)
64a. Is deeply concerned by the fact that the EU’s anti-fraud office OLAF has currently under no circumstances access to Member’s offices, computers and email accounts, even when investigating cases linked to Members based on a substantiated suspicion; stresses that it is of utmost importance to have an adequate procedure for granting access to OLAF in place in cases of substantiated suspicions against individual Members; calls on the Bureau to set up such a procedure without delay;
Amendment 111 #
2022/2082(DEC)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Notes the ongoing project to make plenary voting records available in a dedicated space where users will have access to clear and reader-friendly documents and believes that Parliament should go further and create a coherent website combining the whole multitude of interconnected websites related to the legislative work, i.e. Legislative Observatory, Members' profiles, the plenary website, etc. for the sake of transparency and public scrutiny; calls on Parliament’s services to also make available all amendments and roll-call voting records at committee level and to include them in the new layout1a; _________________ 1a This amendment is based on a recommendation from Transparency International;
Amendment 112 #
2022/2082(DEC)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65a. Considers roll call votes (RCV) to be a key instrument for transparency and accountability towards the Union’s citizens; calls for introducing automatic RCV to any final vote except for secret ballots, and for increasing the number of RCV that are possible for a political group to ask for per part-session in Rule 190-2, or exempting legislative files from that limitation;
Amendment 113 #
2022/2082(DEC)
Motion for a resolution
Paragraph 65 b (new)
Paragraph 65 b (new)
65b. Recalls that Rule 11 of the Rules of Procedure obliges Rapporteurs, Shadows and Committee Chairs to publish their meetings with interest representatives; calls on the AFCO Committee to revise the Rules of Procedure to extend this obligation to all Members working on Reports, Opinions or Resolutions; notes with great concern that as of 26 January 2023, 261 current Members have not published a single meeting with an interest representative on Parliament’s website; recalls that information and reminder notices on the obligation to publish meetings should be sent to all Members at regular intervals1a; _________________ 1a This amendment is based on a recommendation from Transparency International;
Amendment 114 #
2022/2082(DEC)
65c. Reiterates that Article 4 of the Code of Conduct provides, with respect to financial interests and conflicts of interest, that the Members’ declarations of financial interests shall be provided in a detailed manner; regrets that according to a Transparency International EU study1a, around 15% of Members with additional incomes had included only vague or generic job descriptions in their declarations at the end of 2021; stresses that in such cases it is questionable whether the activity can be checked for any potential conflict of interest with parliamentary activity; further regrets that Parliament’s services are instructed to only carry out general plausibility checks; repeats its call on the Bureau to review the format of the declarations to require more detail, including more detail on the declaration of the Member’s assets; asks the President to instruct the services to systematically carry out thorough checks of the declarations to ensure that the information provided therein is sufficiently detailed to allow for an assessment of any potential conflict of interest; _________________ 1a https://transparency.eu/burning-candle- mep-income/
Amendment 115 #
2022/2082(DEC)
Motion for a resolution
Paragraph 65 d (new)
Paragraph 65 d (new)
65d. Notes that out of the 459 Members of the 8th parliamentary term, who were not re-elected in 2019, only one notification of post-mandate employment was submitted to Parliament (Article 6 of the Code of Conduct); urges Parliament to introduce a "cooling-off" period for former Members equal to the time Members receive a transitional allowance; notes that in 2021, out of the 203 officials who left service, 54 requested permission for an activity after leaving the service (Article 16 of the Staff Regulations); calls on Parliament to establish stronger rules to regulate revolving doors for Members and civil servants and to strictly ensure that former Members may not use their former Member badges for covert lobbying1a; _________________ 1a This amendment is based on a recommendation from Transparency International;
Amendment 117 #
2022/2082(DEC)
Motion for a resolution
Paragraph 67
Paragraph 67
67. RegretNotes that six harassment cases against Members were opened in 2021 and that four cases were pending from 2020; notes that no harassment was found in the four cases closed in 2021; regretnotes that in 2021 there was one new harassment complaint coming from a member of staff and notes that there was one ongoing case and three cases closed; regrets that the investigation of some harassment cases extended over more than a year causing unnecessary harm to Members, staff and assistants; reminds Parliament’s administration that it has a legal responsibility to investigate cases brought before it with due rigour, speed and discretion; calls on the Bureau to prescribe time limits for the handling of harassment complaints;
Amendment 120 #
2022/2082(DEC)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Welcomes Parliament’s zero- tolerance policy on harassment and the awareness-raising campaigns carried out; is concerned, however, that on 28 October 2022 only 245 sitting Members (36,3%) had completed the training on respect and dignity in the workplace; recalls that Parliament has requested on several occasions the implementation of mandatory anti-harassment training courses for all Members; stresses the importance of early intervention, together with training and awareness-raising actions and notes the initiative taken by the administration to set up internal mediators as a step towards early conflict resolution; which should also include the provision of information to both parties on their rights;
Amendment 122 #
2022/2082(DEC)
69. Notes that the ‘advisory committee on harassment and its prevention at the workplace’ is composed of three members designated by the Appointing Authority (including the chair), two Staff Committee members and one expert advisor from the medical service; notes that the ‘advisory committee dealing with harassment complaints concerning Members’ is composed of three Quaestors (including the chair), the chair of the first committee, two APA committee members, one staff committee member (only for cases concerning a member of staff), and two expert advisors, namely from the legal and the medical services respectively; is concerned by the lack of independent experts on harassment issues in both committees, as well as the absence of the legal service in the first case; recalls that the Chair of the latter Committee has the competence to convene meetings and his or her vote will be the casting vote in case of a tie; is concerned that the fact that the Chair of this Committee is a Member of Parliament leads to conflicts of interests if the Member under investigation is from the same political group as the Chair; calls for a Secretary-General decision reviewing the composition of both advisory committees and stipulating mandatory training on harassment prevention and equal opportunities for all their members;
Amendment 124 #
2022/2082(DEC)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Notes that there was one case of whistleblowing in 2021 and that the whistle-blower had contacted OLAF before addressing the contact point; calls on the Secretary General to clarify contradictory data provided on the number of whistleblower cases reported in 2021 and 2022 respectively; is deeply concerned that there seems to have been no formal referral to OLAF by Parliament in this case and reminds the Administration of their duty to immediately report alleged cases of fraud to OLAF; notes that Parliament’s administration received a number of anonymous allegations of fraud and misconduct that were all followed up either internally or by OLAF, and calls on Parliament’s administration for a summary of the nature of the eventual cases opened and the measures taken by the administration;
Amendment 125 #
2022/2082(DEC)
Motion for a resolution
Paragraph 71
Paragraph 71
71. RIs deeply concerned by the fact that a poll among Parliament’s staff by the European Court of Auditors from 2019 found that almost 80% of respondents have little or no knowledge about ways to report unethical behaviour1a; recalls that Parliament has a whistleblower contact point within the cabinet of the Secretary-General to which irregularities can be reported and who provides advice and facilitates the application of Article 22c of the Staff Regulations and of the relevant implementing provisions; calls on the Bureau to require relevant background checks and training for whistleblower contact points; administration to urgently launch an awareness campaign on the existence of this contact point; calls on the Bureau to require relevant background checks and training for whistleblower contact points; _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/SR19_13/SR_ethical_frameworks _EN.pdf, page 35
Amendment 126 #
2022/2082(DEC)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Reiterates that APAs are in a particularly vulnerable position in whistleblowing cases due to their particular employment situationto report fraud and request whistleblower protection due to their particular employment situation; recalls that the one case of whistleblowing in 2021 was the first case of whistleblowing since 2016 when all concerned APAs who blew a whistle subsequently lost their job; therefore calls on the Secretary-General to modify the internal rules on whistleblowing adopted on 4 December 2015 to align them to Directive (EU) 2019/1937 of the European Parliament and of the Council2 1a, as well as to provide whistleblower APAs with a similar protection toat least up to the standard of that of victims of harassment, in particular with regard to provisional measures during the administrative investigation and protection measures concerning anonymity, pay until the end of the contract, transfer of post and protection from retaliation; and assistance to take legal action for damages suffered; stresses that the reform should also include extending the mandate of the ‘advisory committee dealing with harassment complaints concerning Members’ to complaints from whistleblowers and altering the composition of the Committee in a way that ensures that a sufficient number of independent experts on whistleblowing will also sit on the panel; Calls on mandatory whistleblowing training for MEPs and for any superior, both within the administration and political groups, that would receive potential whistleblowing reports2a; _________________ 21a 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, 26.11.2019, p. 17). ; 2a This amendment is based on a recommendation from Transparency International;
Amendment 143 #
2022/2082(DEC)
Motion for a resolution
Paragraph 80
Paragraph 80
80. NotesIs concerned by the fact that eight Members decided, on their own initiative, to observe elections in third countries, namely Kazachstan and Ecuador, where Parliament had decided not to send an election observation delegation or had not been invited; notes that in all eight cases the Members were in breach of the Implementing Provisions of the European Parliament’s Democracy Support and Election Coordination Group and that they could not and were not selected to participate in an official Election Observation delegation until the end of 2021;
Amendment 146 #
2022/2082(DEC)
Motion for a resolution
Paragraph 82
Paragraph 82
82. Welcomes the fact that the Digital Signature Portal (DiSP) allows Members to digitally sign documents, which improves efficiency, traceability and transparency to the procedures, and regrets that, in contrast to DiSP, signing plenary amendments is still an outdated and burdensome procedure of signing them by hand and sending them in scanned form; calls on the Bureau to take the necessary steps for introducing the possibility for Members to sign plenary amendments digitally in the future;
Amendment 155 #
2022/2082(DEC)
86a. Notes that Parliament’s Virtual Desktop Infrastructure (VDI) is frequently not reachable at peak login hours in the morning; calls on the services to ensure that that the VDI has sufficient capacity to allow for a swift login even at peak hours;
Amendment 160 #
2022/2082(DEC)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Notes the purchase of the Treves II building approved by the Bureau on 18 October 2021, purchased with the intention of allowing the interconnectivity of Parliament’s central buildings in Brussels, and notes that it will be at the disposal of Parliament as from 1 January 2025; is concerned by the poor energy-performance of the building, of which the energy performance certificate indicates an annual primary energy consumption equivalent to class E, and notes that the last renovation of the building dates back to 2000; calls on Parliament’s administrBureau to approve the necessary renovations to make the necessary adaptations to the applicable energy efficiency regulations in order to improve the building’s energy- performanceimprove the energy- performance of the building in line with applicable energy efficiency regulations before the building is put to the use by the Parliament;
Amendment 169 #
2022/2082(DEC)
Motion for a resolution
Paragraph 95
Paragraph 95
95. Notes that the East Wing of the Adenauer building in Luxembourg was completed in 2020 and the large-scale relocation of offices from the Schuman building started in 2021; notes that works to build the West Wing started in 2021 and draws attention to theexpresses its deep concern over the fact that the Parliament’s biggest and most expensive investment in buildings in recent years today stands under-used due to a very low occupancy rate of the buildings;
Amendment 174 #
2022/2082(DEC)
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97a. Notes that Parliament’s canteen on the -1 floor of the SPINELLI building is frequently overcrowded at peak hours, resulting in long queues and waiting times; calls on the Bureau to reflect on imposing access restrictions to the canteens in Parliament’s main buildings for external visitors and visitor groups to ensure that Members and staff with limited time for a lunch break still have the possibility to make use of the canteen during peak hours;
Amendment 183 #
2022/2082(DEC)
Motion for a resolution
Paragraph 105 a (new)
Paragraph 105 a (new)
105a. Welcomes the installation of photovoltaic solar panels on the SPINELLI, Montoyer 70, BRANDT and ANTALL buildings in Brussels which was planned to be finalised by January 2023; further welcomes the decision to launch a new study on on-site electricity production in Strasbourg in order to update the data and calculations and explore new solutions, also through photovoltaic panels; expects the Bureau to decide to install as many photovoltaic panels as feasible and useful based on the results of the study; stresses that Parliament could share this energy with the city of Strasbourg when Parliament’s premises are mostly empty; calls on the Bureau to also consider renting the roofs’ surfaces to external users for the installation of solar panels and thereby use it as an additional source of income for Parliament;
Amendment 188 #
2022/2082(DEC)
Motion for a resolution
Paragraph 108
Paragraph 108
108. Understands that the core business of the service cars is the transport of Members, including the journey between Brussels and Strasbourg; points out, however, the waste of resources resulting from the fact that on average 15% of the seats available in the service fleet were been occupied for that journey in 2021; reiterates its call on Parliament’s administration to widen the user group and allowing Parliament’s staff to travel to and from Strasbourg with the service fleet without the presence of a Member, while making sure that Members’ seats are secured, i.e. establishing a reserve list and coherent deadlines to confirm the journey;
Amendment 192 #
2022/2082(DEC)
Motion for a resolution
Paragraph 109
Paragraph 109
109. Welcomes the fact that the Brussels site has 138 parking spaces reserved for electric vehicles, each with a charging station, plus 12 units for Parliament’s delivery vans; notes that following the latest Environmental Permit, issued by the local authorities in April 2021 for the Spinelli building, a sprinkler system is necessary for this large underground car park equipped with charging stations and it will be installed in 2022, which will allow for the installation of 20 additional charging stations; encourages Parliament to continue with an ambitious expansion of the electrical charging infrastructure for all types of vehicles;
Amendment 193 #
2022/2082(DEC)
Motion for a resolution
Paragraph 110 a (new)
Paragraph 110 a (new)
110a. Welcomes the possibility for staff to rent standard and electric bikes during the part-time sessions in Strasbourg; regrets that the bikes are in practice fully booked out more than a week in advance; calls on Parliament to examine the possibility for offering more rental bikes in Strasbourg to meet the demand by Members and staff and contribute to enhancing sustainable mobility;
Amendment 206 #
2022/2082(DEC)
Motion for a resolution
Paragraph 113
Paragraph 113
113. Suggests the creation of a Bureau ad-hoc Working Group toBureau carryies out a thorough overhaul of the Implementing Measures for the Statute for Members of the European Parliament (IMMS) while striking a balance between the freedom of the exercise of the mandate, the reputational risks to Parliament and managerial ethics; strongly recommends that a comprehensive consultation of Members is carried out before the end of the current mandate to provide this Working Groupe Bureau with first-hand information from experienced Members on the practical application of the rules governing Parliament and the ability to identify inconsistencies such as the fact that the Members’ attendance on Fridays is not registered in Brussels during plenary weeks or even if a Parliament’s committee official mission is carried out on Thursdays;
Amendment 208 #
2022/2082(DEC)
Motion for a resolution
Paragraph 114
Paragraph 114
114. Recalls that in previous discharge resolutions Parliament requested a reform of the General Expenditure Allowance (GEA) to make the expenditure of this lump sum more transparent and accountable; notes the announcement at the Bureau meeting of 7 March 2022 of the setting up of a Bureau ad-hoc working group on the GEA, which is tasked with evaluating the operation of the Bureau decision of 2 July 2018; observes that the Bureau, at is meeting of 17 October 2022, adopted a set of amendments to the IMMS clarifying the rules applicable to the entitlement and use of the GEA and measures aimed at increasing transparency but believes that this reform does not meet the demands expressed in Parliament’s resolution of 26 March 2019 on the 2017 discharge and in subsequent resolutions; calls on the Bureau to immediately revise the its decision of 17 October 2022 and bring it in line with what the majority of the Members of the house have demanded on numerous occasions;
Amendment 211 #
2022/2082(DEC)
Motion for a resolution
Paragraph 114 a (new)
Paragraph 114 a (new)
114a. Repeats its call for a reform of the GEA that would oblige Members to keep all receipts pertaining to the GEA, annually publish an overview of expenditure by category as well as an independent auditor’s opinion on the EP’s website, return the unspent share of the GEA at the end of the mandate and that would establish annual 5% sample checks of Members’ GEA expenditure by Parliament’s services; Calls for Members to be required to externally audit the GEA;
Amendment 212 #
2022/2082(DEC)
Motion for a resolution
Paragraph 114 b (new)
Paragraph 114 b (new)
Amendment 218 #
2022/2082(DEC)
Motion for a resolution
Paragraph 116
Paragraph 116
116. Is concerned that the actuarial deficit of the Voluntary Pension Fund (VPF) on 31 December 2021 amounted to EUR 379 million (compared to EUR 371.3 million on 31 December 2020); is concerned that the complete exhaustion is expected by the end of 2024 or 2025 at the latest and that in the meantime the VPF continues to sell assets in order to meet its pension obligations, which probably means that the remaining capital is being reduced; calls on the Bureau to provide the discharge authority with a detailed cost estimate projection for the fund for the coming years; notes that in its judgment of 15 September 2021 in cases T-720/19 to T- 725/19, Ashworth and Others v Parliament3 1a, the Court of Justice of the European Union (CJEU) concluded that already acquired rights were not impacted by the contested Bureau decision of 10 December 2018 and confirmed the Bureau's competence to adopt decisions aiming at improving the sustainability of the fund provided that they respect the principle of proportionality; notes that an appeal was lodged before the CJEU against its judgment of the 15 September 2021 and that Parliament’s Bureau will examine the implications for future proposals for options to improve the sustainability of the Fund while reducing Parliament`s liability; asks the administration and the Bureau to guarantee that no taxpayer money is used for any future bail-out; _________________ 31a Judgment of the General Court of 15 September 2021, Richard Ashworth and Others v European Parliament, T-720/19 to T-725/19, ECLI:EU:T:2021:580
Amendment 220 #
2022/2082(DEC)
Motion for a resolution
Paragraph 116 a (new)
Paragraph 116 a (new)
116a. Suggests to all former Members who will be receiving a sufficient pension from another source to voluntarily give up their claims for payments out of the Voluntary Pension Fund;
Amendment 221 #
2022/2082(DEC)
Motion for a resolution
Paragraph 123
Paragraph 123
123. Recalls that these appropriations are intended to cover activities in connection with the Union’s political activities, and that political groups are responsible to Parliament for their use; Notes that OLAF has found irregularities in relation to the diverting of money from budget item 400 for national parties’ purposes and events; calls for a more stringent control on the use of Budget Item 400; is deeply concerned that these appropriations could be used to convey messages contrary to fundamental rights and freedoms or Union values; recalls in particular that Parliament condemns historical revisionism and calls for a common culture of remembrance that rejects the crimes of totalitarian and authoritarian regimes of the past; calls on Parliament’s administration to carefully scrutinise, even retroactively, any publication funded by political groups that do not comply with those values; 1a; _________________ 1a This amendment is based on a recommendation from Transparency International.
Amendment 2 #
2022/2080(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines the essential role played by investigative journalists in uncovering tax crimes, corruption and organised crime; highlights the vulnerability to threats and attacks of independent journalists and media workers in the absence of a strong European legislative framework to protect journalists; recalls that the number of threats and attacks against journalists has increased over the past years in the EU, with the most serious cases seeing the assassination of journalists and media workers; welcomes the Recommendation on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union; stresses nevertheless that this can only be considered a starting point and calls for urgent action on establishing binding measures ensuring the protection of journalists and media workers across the Union;
Amendment 4 #
2022/2080(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes the European Commission proposal of a Directive on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings, also known as the anti-SLAPP Directive; recalls the enormous financial and psychological burdens that strategic lawsuits against public participation (SLAPPs) lay on the work of journalists and media workers, creating a chilling effect and leading to self censorship; underlines that a strong EU anti-SLAPP directive must entail clear provisions on early dismissal mechanisms and effective sanctions against SLAPP initiators, including of pecuniary nature; stresses that an effective anti-SLAPP framework cannot exist in the absence of coordinated complementary measures taken at national level; calls on national authorities to adopt anti-SLAPP legislation tackling domestic lawsuits against public participation;
Amendment 6 #
2022/2080(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Stresses that investigative journalists and media workers are often subject to intense financial pressure and encounter great difficulties in finding financial resources for projects investigating tax crime, corruption or organised crime; calls on the European Commission to explore further ways to increase funding available to the media sector, including by establishing a dedicated permanent fund for investigative journalism;
Amendment 11 #
2022/2080(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that beneficial ownership transparency is fundamental for enhancing the fight against tax crime, stresses that the disclosure and publication of beneficial ownership information has legitimate public interest purposes; calls on Member States' authorities to ensure that investigative journalists and civil society have proper access to and are able to exercise scrutiny over this information;
Amendment 14 #
2022/2080(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for the adoption of further initiatives that could enforce actions at EU and national level in AML/CTF, such as widening the competences of the European Public Prosecutor's Office (EPPO) or the European Anti-Fraud Office (OLAF) and strengthening existing agencies such as the European Union Agency for Law Enforcement Cooperation (Europol);
Amendment 15 #
2022/2080(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Stresses that the main challenge identified in respect to the application of the provisions of Directive (EU) 2015/849 is the lack of direct applicability of those rules and a fragmentation of the approach along national lines; additionally highlights the findings of the European Court of Auditors' (ECA) Special Report 13/2021, according to which “EU efforts to fight money laundering in the banking sector are fragmented and implementation is insufficient”; underlines that such fragmentation could seriously compromise the integrity of the Union’s financial system and cause serious vulnerabilities in the internal market; welcomes in this regard the European Commission proposals on a new European anti-money laundering legal framework, aiming to achieve the desired uniformity of application and to eliminate divergences and inconsistencies of implementation practices within Member States;
Amendment 35 #
2022/2080(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Asks the Commission to publish a list of assets frozen or confiscated following Russia’s invasion of Ukraine; urges the Commission to provide precise information on Member States’ progress in repealing or withdrawing citizenship and residence permits granted on the basis of financial investment to Russian and Belarusian nationals subject to EU restrictive measures; calls for a total ban on suchall residence and citizenship by investment schemes across the EU;
Amendment 36 #
2022/2080(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls the important role of digital land registers in enhancing the fight against tax crime across the Union; calls on the European Commission to put forward an ambitious proposal requiring and assisting Member States to establish reliable digital land registers, enhancing transparency in the field of land ownership;
Amendment 351 #
2022/2051(INL)
Paragraph 21
21. Calls for the promotion of military cooperation and the establishment of a defence union including permanently stationed European military units, aultinational military units and a common European permanent rapid deployment capacity, under the operational command of the Union; proposes that the operational cost of joint procurement and the development of armaments be financed by the Union through a dedicated budget via the pooling of Member States’ contributions under parliamentary co-decision and scrutiny and proposes that the competences of the European Defence Agency be adjusted accordingly; notes that clauses with regard to national traditions of neutrality and NATO membership would not be affected by these changes;
Amendment 459 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 21 – paragraph 2 – point a
(a) safeguard its values, fundamental interests, security, strategic sovereignty and solidarity, independence and integrity;
Amendment 463 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 42 – paragraph 1
1. The common security and defence policy shall be an integral part of the common foreign and security policy. It shall enable the Union to defend citizens and Member States against threats. It shall provide the Union with an operational capacity drawing on civilian and military assets. The Union may use them on missions outside the Union for peace- keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. The operformance of these tasks shall be undertaken using capabilities provided by the Member Statesational cost of the common security and defence policy, including the operational cost of the procurement and development of armaments, shall be financed by the Union through a dedicated budget via the pooling of Member States’ contributions at Union level, in respect of which the European Parliament is a co-legislator and exercises full scrutiny, also as regards the implementation of the common security and defence policy.
Amendment 466 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 42 – paragraph 3
3. Member States shall makeThe Union shall establish a Defence Union with civilian and military capabilities available to the Union for the implementation of the common security and defence policy, to contribute to the objectives defined by the Council with the objective of promoting military cooperation between Member States at Union level. This includes permanently- stationed joint European multinational military units and a common European permanent rapid deployment capacity, under the operational command of the Union. Member States may provide additional capabilities. Those Member States which together establish multinational forces may also make them available to the common security and defence policy. The Union and the Member States shall undertake progressively to improve their military capabilities, in particular through military cooperation at Union level. The Agency in the field of defence capabilities development, research, acquisition and armaments (hereinafter referred to as "the European Defence Agency") shall identify operational requirements, shall promoteimplement measures to satisfy those requirements, shall contribute to identifying and, where appropriimprove interoperability, shall procure armaments on behalf of the Union and its Member States, implementingshall take any measure needed to strengthen the industrial and technological base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall assist the Council in evaluatinge the improvement of military capabilities.
Amendment 476 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 7 – subparagraph 3
Any initiative taken by the European Council on the basis of the first or the second subparagraph shall be notified to the national Parliaments. If a national Parliaments representing at least one third of all the votes allocated to them in accordance with the second subparagraph of Article 7(1) of Protocol (No 2) on the application of the principles of subsidiarity and proportionality makes known its opposition within six months of the date of such notification, the decision referred to in the first or the second subparagraph shall not be adopted. In the absence of opposition, the European Council may adopt the decision.
Amendment 486 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 9
9. In defining and implementing its policies and activities, the Union shall ensure that social progress is anchored in a social protocol. The Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health, as well as the effective exercise of democratic collective rights of trade unions.
Amendment 561 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 319 – paragraph 1
1. The European Parliament, acting on a recommendation from the Council, shall give a discharge to the Commission in respect of the implementation of the budget. It shall also give a discharge to other institutions, bodies, offices and agencies in respect of the implementation of their sections of the budget or of their budgets, as appropriate, and in accordance with conditions to be laid down pursuant to Article 322. To this end, the Council and the European Parliament in turn shall examine the accounts, the financial statement and the evaluation report referred to in Article 318, the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, the statement of assurance referred to in Article 287(1), second subparagraph and any relevant special reports by the Court of Auditors.
Amendment 1 #
2022/2015(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas transparency and integrity crucially contribute to the fight against corruption and maladministration; whereas Parliament called for an ambitious ethics body in its resolution of 16 September 2021;
Amendment 5 #
2022/2015(INI)
Draft opinion
Recital B
Recital B
B. whereas the purpose of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents1 is to confer on the public the widest possible right of access to the documents of the institutions; whereas, in light of this right and recent case law, any exceptions have to be individually assessed, interpreted and applied strictly and the institutions have the obligation to demonstrate how disclosure would specifically and actually undermine the interests protected by the exceptions; _________________ 1 OJ L 145, 31.5.2001, p. 43.
Amendment 6 #
2022/2015(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas in 2021 the most often occurring reason for the refusal of access to documents by Council was the protection of the Council’s decision- making process amounting to 223 cases; whereas of 1327 legislative documents issued as LIMITE, 839 were eventually made public on request, indicating that LIMITE is used excessively and not reviewed sufficiently by Council itself with a view of making them public and increasing transparency;
Amendment 10 #
2022/2015(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Insists that the EU institutions have the obligation to implement Article 15(3) of the Treaty on the Functioning of the European Union in line with democratic principles, in particular those laid down in Article 10(3) of the Treaty on European Union; emphasises that transparency is fundamental to enable accountability and democratic scrutiny of the EU institutions;
Amendment 14 #
2022/2015(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. ERegrets that the EU institutions still fail to fully comply with Regulation (EC) No 1049/2001 and that this regulation is still not updated in line with the new provisions on transparency of the Treaty of Lisbon; emphasises that any update to Regulation (EC) No 1049/2001 should faithfully integrate the principles established by the case law, ensure that its scope is extended to all EU institutions, bodies, offices and agencies as provided for in the Treaty of Lisbon, and adapt the regulation to technological developments, without constituting a step back compared to the current legislative framework the ultimate aim of improving and expanding access to EU documents;
Amendment 20 #
2022/2015(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Invites theCalls for all EU institutions to ensure the systematic provision of dataall documents in an open, machine- readable format, which is especially essential for numerical or financial data; asks all EU institutions to also make data available in an open, machine-readable format that has not been published in such format in the past; invites all EU institutions to consider to increase the number and to enlarge the categories of documents they directly make available in their public registers;
Amendment 25 #
2022/2015(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Invites Parliament’s own relevant bodies to ensure that documents are easily accessible to the public; calls, in particular, for amending Rule 122(3) of the Rules of Procedure to ensure the provision of data in an open, machine- readable format;
Amendment 29 #
2022/2015(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for a user-friendly system on the European Parliament's website whereby for each roll-call vote, the text voted on and the voting results can be filtered by group and by MEP; further calls for the roll-call vote results, the MEP presence data and the text put to the vote, to be made available in machine- readable formats;
Amendment 33 #
2022/2015(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Insists that the Council should improve its rules and procedures on legislative transparency, including the accessibility and classification of legislative documents; calls on the Council to follow the Ombudsman recommendation by substantially reducing the number of legislative documents issued as ‘LIMITE’ and to reconsider such limitation regularly;
Amendment 36 #
2022/2015(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Highlights the importance of the recent judgement of the CJEU in Case T- 163/21 on access to legislative documents of Council’s working groups concluding that access to legislative documents must be as wide as possible and that exceptions could apply only if access to such documents would specifically, effectively and in a non-hypothetical manner seriously undermine the possibility of reaching an agreement on the legislative proposal in question;
Amendment 40 #
2022/2015(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Insists that all EU institutions, participating in trilogues, follow Article 12 of Regulation (EC) 1049/2001 making legislative documents, that is to say, documents drawn up or received in the course of procedures for the adoption of acts which are legally binding in or for the Member States, directly accessible; interprets that the categories of documents which are to be directly accessible through Parliament's public register website shall include preparatory legislative documents as recognised by the CJEU’s jurisprudence, no matter if authored by the Parliament alone or together with the other institutions, such as political and technical trilogue documents, including but not limited to all versions of the joint multi-column document referred to in the Code of Conduct for negotiating in the context of the ordinary legislative procedure;
Amendment 44 #
2022/2015(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Welcomes the Ombudsman’s Decision on the Commission's refusal of public access to text messages exchanged between the Commission President and the CEO of a pharmaceutical company on the purchase of a COVID 19 vaccine finding maladministration by the Commission; recalls that text messages are considered documents by Regulation 1049/2001 regardless of the registration criteria used by the Commission or any other EU institution, body, office or agency; calls on the Commission to follow the Ombudsman’s recommendations;
Amendment 18 #
2022/0903(NLE)
Article 3 – paragraph 6
Amendment 25 #
2022/0903(NLE)
Article 9 – paragraph 5
Ombudsman 9.5. To protect the legitimate interests of the complainant or of a third party, the Ombudsman may classify as confidential information in a complaint or in other documents, and inform the institution accordingly. In exceptional circumstances, such as in complaints that concern whistleblowing, the Ombudsman may decide not to communicate the identity of the complainant to the institution concerned or to other external actors.
Amendment 26 #
2022/0903(NLE)
Article 9 – paragraph 7 (new)
Amendment 27 #
2022/0903(NLE)
Article 12 – paragraph 2
Ombudsman 12.2. Members of the Network of Ombudsmen can submit queries to the European Ombudsman about EU issues. Where the Ombudsman deems it appropriate, it may seek a reply from the relevant EU institution or body on the query.
Amendment 120 #
2022/0277(COD)
Proposal for a regulation
Citation 4 a (new)
Citation 4 a (new)
Having regard to the opinion of the European Data Protection Supervisor,
Amendment 126 #
2022/0277(COD)
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
Having regard to the opinion of the European Data Protection Supervisor,
Amendment 132 #
2022/0277(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A free and well-functioning internal market for media services is also an essential pillar of a functioning democracy, by providing access to a plurality of views and trustworthy sources of information to the consumers. The increased role of the online environment and its new functionalities have had a disruptive effect on the market for media services. The ability of media service providers to operate in a fair level-playing field environment is hampered by divergent approaches at national level. These approaches have created market fragmentation and legal uncertainty. Therefore, it is necessary to have a single legal framework that ensures a harmonised application of rules for media service providers throughout the Union, ensuring that European consumers have access to a broad range of reliable sources of information and to quality journalism as public goods in order to make informed choices, including about the state of their democracies.
Amendment 134 #
2022/0277(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The right to freedom of expression and information, enshrined in Article 11 of the Charter and in Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, encompasses the right to receive and impart information as well as the freedom and pluralism of the media. Accordingly, this Regulation draws upon the case law of the European Court of Human Rights (ECHR) and builds upon the standards developed by the Council of Europe in this regard.
Amendment 137 #
2022/0277(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) RecipiUnion citizents of media services in the Union (natural persons who are nationals of Member States orr natural persons who benefit from rights conferred upon them by Union law and legal persons established in the Union) should be able to effectively enjoy the freedom to receive free and pluralistic media services in the internal market. In fostering the cross- border flow of media services, a minimum level of protection of service recipients should be ensured in the internal market. That would be in compliance with the right to receive and impart information pursuant to Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’). It is thus necessary to harmonise certain aspects of national rules related to media services. In the final report of the Conference on the Future of Europe, citizens called on the EU to further promote media independence and pluralism, in particular by introducing legislation addressing threats to media independence through EU-wide minimum standards46. _________________ 46 Conference on the Future of Europe – Report on the Final Outcome, May 2022, in particular proposal 27 (1) and 37 (4).
Amendment 137 #
2022/0277(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A free and well-functioning internal market for media services is also an essential pillar of a functioning democracy, by providing access to a plurality of views and trustworthy sources of information to the consumers. The increased role of the online environment and its new functionalities have had a disruptive effect on the market for media services. The ability of media service providers to operate in a fair level-playing field environment is hampered by divergent approaches at national level. These approaches have created market fragmentation and legal uncertainty. Therefore, it is necessary to have a single legal framework that ensures a harmonised application of rules for media service providers throughout the Union, ensuring that European consumers have access to a broad range of reliable sources of information and to quality journalism as public goods in order to make informed choices, including about the state of their democracies.
Amendment 138 #
2022/0277(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The right to freedom of expression and information, enshrined in Article 11 of the Charter and in Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, encompasses the right to receive and impart information as well as the freedom and pluralism of the media. Accordingly, this Regulation draws upon the case law of the European Court of Human Rights (ECHR) and builds upon the standards developed by the Council of Europe in this regard.
Amendment 139 #
2022/0277(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 140 #
2022/0277(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) For the purposes of this Regulation, the definition of a media services should be limitall be considered to be services as defined by the Treaty and therefore should cover any form of economic activitywithin the meaning of the Treaties where they are normally provided for remuneration. Thise definition of media service should exclude user-generated content uploaded to an online platform unless it constitutes a professional activity normally provided for consideration (be it of financial or of other nature). It should also exclude purely private correspondence, such as e-mails, as well as all services that do not have the provision of audiovisual or audio programmes or press publications as their principal purpose, meaning where the content is merely incidental to the service and not its principal purpose, such as advertisements or information related to a product or a service provided by websites that do not offer media services. The definition of a media service should cover in particular television or radio broadcasts, on-demand audiovisual media services, audio podcasts or press publications. Corporate communication and distribution of informational or promotional materials for public or private entities should be excluded from the scope of this definition.
Amendment 140 #
2022/0277(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) RecipiUnion citizents of media services in the Union (natural persons who are nationals of Member States orr natural persons who benefit from rights conferred upon them by Union law and legal persons established in the Union) should be able to effectively enjoy the freedom to receive free and pluralistic media services in the internal market. In fostering the cross- border flow of media services, a minimum level of protection of service recipients should be ensured in the internal market. That would be in compliance with the right to receive and impart information pursuant to Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’). It is thus necessary to harmonise certain aspects of national rules related to media services. In the final report of the Conference on the Future of Europe, citizens called on the EU to further promote media independence and pluralism, in particular by introducing legislation addressing threats to media independence through EU-wide minimum standards46. _________________ 46 Conference on the Future of Europe – Report on the Final Outcome, May 2022, in particular proposal 27 (1) and 37 (4).
Amendment 142 #
2022/0277(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The media environment is undergoing major and fast changes. In this regard, the role of the media in a democratic society has not changed, but media has additional tools to facilitate interaction and engagement. Media- related policy must take these and future developments into account. Therefore, this Regulation should adopt a broad notion of media which encompasses all actors involved in the production and dissemination, to potentially large numbers of people, of content (for example information, analysis, comment, opinion, education, culture, art and entertainment in text, audio, visual, audiovisual or other form) and applications which are designed to facilitate interactive mass communication (for example social networks), while retaining (in all these cases) editorial control or oversight of the contents. Thus, the definition of media service provider should cover print media, broadcast media, non-linear audiovisual media, online newspapers, news websites, online news portals, online news archives, print and online publishers, journalists, including those in non-standard forms of employment such as free-lancing and independent journalism and other public watchdogs reporting on matters of public interest such as bloggers, NGOs, citizen journalists, whistle-blowers, well-known social media users and podcasters.
Amendment 143 #
2022/0277(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) For the purposes of this Regulation, the definition of a media services should be limitall be considered to be services as defined by the Treaty and therefore should cover any form of economic activitywithin the meaning of the Treaties where they are normally provided for remuneration. Thise definition of media services should exclude user-generated content uploaded to an online platform unless it constitutes a professional activity normally provided for consideration (be it of financial or of other nature). It should also exclude purely private correspondence, such as e-mails, as well as all services that do not have the provision of audiovisual or audio programmes or press publications as their principal purpose, meaning where the content is merely incidental to the service and not its principal purpose, such as advertisements or information related to a product or a service provided by websites that do not offer media services. The definition of a media service should cover in particular television or radio broadcasts, on-demand audiovisual media services, audio podcasts or press publications. Corporate communication and distribution of informational or promotional materials for public or private entities should be excluded from the scope of this definition.
Amendment 146 #
2022/0277(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) On the other hand, online platform’s capacity to offer content without exercising editorial responsibility over it and to market the ability to target users with advertising allows them to act as direct competitors to media service providers whose content they intermediate and distribute. Given the transfer of economic value in favour of online platforms, the audience measurement definition should take into account content consumed by users of media services and users of online platforms. This will ensure that all intermediaries involved in content distribution are transparent about their audience measurement methodologies so as to enable advertisers to make informed choices that drive competition.
Amendment 148 #
2022/0277(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) On the other hand, online platform’s capacity to offer content without exercising editorial responsibility over it and to market the ability to target users with advertising allows them to act as direct competitors to media service providers whose content they intermediate and distribute. Given the transfer of economic value in favour online platforms, the audience measurement definition should take into account content consumed by users of media services and users of online platforms. This will ensure that all intermediaries involved in content distribution are transparent about their audience measurement methodologies so as to enable advertisers to make informed choices that drive competition.
Amendment 149 #
2022/0277(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including at Union, national, regional and local level, including the Commission and its agencies, governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or, regional level, or local governments of territorial entities of more than 1 million inhabitants. However, the definition of state advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other sudden incidents that can cause harm to individualor local level. For the purposes of allocation of state advertising and other financial support, including in cases of natural or sanitary disasters, accidents or other unforeseen major incidents that can cause harm to significant portions of the population, criteria should be laid down in advance by national law. Such emergency messages should not be exempted from transparency obligations. Besides, state advertising is only one form of financial support for media that may include also direct subsidies in the form of direct state support awarded to media service providers, tax advantages, reductions to taxes or full tax exemptions for the media sector, state advertising, project-based support schemes funding covering specific needs of media outlets, such as training and skills development, upgrade of technology or facilities, or restructuring processes.
Amendment 152 #
2022/0277(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including at Union, national, regional and local level, including the Commission and its agencies, governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or, regional level, or local governments of territorial entities of more than 1 million inhabitants. However, the definition of state advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other sudden incidents that can cause harm to individualor local level. For the purposes of allocation of state advertising and other financial support including in cases of natural or sanitary disasters, accidents or other unforeseen, major incidents that can cause harm to significant portions of the population, criteria should be laid down in advance by national law. Such emergency messages should not be exempted from transparency obligations. Besides, state advertising is only one form of financial support for media that may include also direct subsidies in the form of direct state support awarded to media service providers, tax advantages, reductions to taxes or full tax exemptions for the media sector, state advertising, project-based support schemes funding covering specific needs of media outlets, such as training and skills development, upgrade of technology or facilities, or restructuring processes.
Amendment 158 #
2022/0277(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that society reaps the benefits of the internal media market, it is essential not only to guarantee the fundamental freedoms under the Treaty, but also the legal certainty which the recipients of media services need for the enjoyment of the corresponding benefits. Such recipients should have access to quality media services, which have been produced by journalists and editors in an independent manner and in line with journalistic standards and hence provide trustworthy information, including news and current affairs content. Such right does not entail any correspondent obligation on any given media service provider to adhere to standards not set out explicitly by law. Such quality media services are also an antidote against disinformation, including foreign information manipulation and interference.
Amendment 159 #
2022/0277(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that society reaps the benefits of the internal media market, it is essential not only to guarantee the fundamental freedoms under the Treaty, but also the legal certainty which the recipients of media services need for the enjoyment of the corresponding benefits. Such recipients should have access to quality media services, which have been produced by journalists and editors in an independent manner and in line with journalistic standards and hence provide trustworthy information, including news and current affairs content. Such right does not entail any correspondent obligation on any given media service provider to adhere to standards not set out explicitly by law. Such quality media services are also an antidote against disinformation, including foreign information manipulation and interference.
Amendment 161 #
2022/0277(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The protection of editorial independence is a precondition for exercising the activity of media service providers and their professional integrity. Editorial independence is especially important for media service providers providing news and current affairs cInformation is a public good. Media service providers play a key societal role in this regarr. In order to guarantee an independent and pluralistic media it is of key importance to put in place the necessary measures to create a safe environtment given its societal role as a public good. Mthat allows journalists to exercise editorial independence. Journalists, including freelancers and self-employed journalists, as well as other media service providers should be able to exercise their economic activities freely in the internal market and compete on equal footing in an increasingly online environment where information flows across borders.
Amendment 165 #
2022/0277(COD)
(14) The protection of editorial independence is a precondition for exercising the activity of media service providers and their professional integrity. Editorial independence is especially important for media service providers providing news and current affairs cInformation is a public good. Media service providers play a key societal role in this regard. In order to guarantee an independent and pluralistic media it is of key importance to put in place the necessary measures to create a safe environtment given its societal role as a public good. Mthat allows journalists to exercise editorial independence. Journalists, including freelancers and self-employed journalists, as well as other media service providers should be able to exercise their economic activities freely in the internal market and compete on equal footing in an increasingly online environment where information flows across borders.
Amendment 167 #
2022/0277(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) According to the Council of Europe Resolution 1003 (1993), on Ethics of journalism, inside the news organisation, publishers and journalists must co-exist, bearing in mind that the legitimate respect for publishers' and owners' ideological orientations is limited by the absolute requirements on truthful news reporting and ethical opinions. These requirements are such that it is necessary to reinforce the safeguards of the journalist's freedom of expression, for they must in the last instance operate as the ultimate sources of information. To that end, in addition to safeguarding the freedom of the media, freedom within the media must also be protected and internal pressures guarded against.
Amendment 168 #
2022/0277(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) According to the Council of Europe Resolution 1003 (1993), on Ethics of journalism, inside the news organisation, publishers and journalists must co-exist, bearing in mind that the legitimate respect for publishers' and owners' ideological orientations is limited by the absolute requirements on truthful news reporting and ethical opinions. These requirements are such that it is necessary to reinforce the safeguards of the journalist's freedom of expression, for they must in the last instance operate as the ultimate sources of information. To that end, in addition to safeguarding the freedom of the media, freedom within the media must also be protected and internal pressures guarded against.
Amendment 168 #
2022/0277(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Journalists, editors and meditoa workers are the main actors in the production and provision of trustworthy media content, in particular by reporting on news or current affairs. It is essential therefore to protect journalists’ capability to collect, fact-check and analyse information, including information imparted confidentially. In particular, media service providers, media workers and journalists (including those operating in non-standard forms of employment, such as freelancers and bloggers) should be able to rely on a robust protection of journalistic sources and communications, including against arbitrary interferences and deployment of surveillance technologies, since without such protection sources may be deterred from assisting the media in informing the public on matters of public interest. As a result, journalists’ freedomThis chilling effect is more pronounced for women and gender- diverse journalists, particularly women from marginalised groups such as racialised women, women from ethnic or religious minorities, LGTBIQ+ individuals and women with disabilities. As a result, journalists’ and media workers' freedom of expression and camapcity to exercise their economic activity and to fulfil their vital ‘public watchdog’ role may be undermined, thus affecting negatively access to quality media services. The protection of journalistic sources contributes tois a precondition for the protection of the fundamental right enshrined in Article 11 of the Charter. and crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies..
Amendment 169 #
2022/0277(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Journalists, editors and meditoa workers are the main actors in the production and provision of trustworthy media content, in particular by reporting on news or current affairs. It is essential therefore to protect journalists’ capability to collect, fact-check and analyse information, including information imparted confidentially. In particular, media service providers and journalists (including those operating in non-standard forms of employment, such as freelancers and bloggers) should be able to rely on a robust protection of journalistic sources and communications, including against arbitrary interferences and deployment of surveillance technologies, since without such protection sources may be deterred from assisting the media in informing the public on matters of public interest. As a result, journalists’ freedomThis chilling effect is more pronounced for women and gender-diverse journalists, particularly women from marginalised groups such as racialised women, women from ethnic or religious minorities, LGTBIQ+ individuals and women with disabilities. As a result, journalists' and media workers' freedom of expression and capacity to exercise their economic activity and fulfil their vital ‘public watchdog’ role may be undermined, thus affecting negatively access to quality media services. The protection of journalistic sources contributes tois a precondition for the protection of the fundamental right enshrined in Article 11 of the Charter and crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies. .
Amendment 172 #
2022/0277(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Surveillance methods deployed against journalists are varied, such as interception of electronic communications and metadata, device or software hacking including denial of service attacks, wiretapping, bugging, videotaping, geolocation tracking via Radiofrequency identification (RFID), Global Positioning System (GPS) or cell-site data, data mining and social media monitoring. These techniques may gravely impact journalists’ rights to privacy, data protection and freedom of expression. The protections afforded by this Regulation therefore encompass current forms of digital surveillance but also future technologies that may appear along with technological innovation and they are without prejudice to the application of existing and future Union’s law that restricts or prohibits the development, trade in, and use of specific surveillance technologies deemed too invasive. Spyware which grant full unlimited access to personal data, including sensitive data, on a device could affect the very essence of the right to privacy, and thus should under no circumstance be considered necessary and proportionate under Union law.
Amendment 173 #
2022/0277(COD)
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) The use of surveillance technologies or coercion to access journalists' data protected by professional privilege and linked to secrecy obligations should never be considered necessary and proportionate in a democratic society given the gravity of the interference they entail with media freedoms. They undermine the role of journalists as public watchdog and the fundamental role of journalistic sources to the protection of freedom of expression enshrined in Article 11 of the Charter.
Amendment 175 #
2022/0277(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The protection of journalistic sources and communication is currently regulated heterogeneously in the Member States. Some Member States provide an absolute protection against coercing journalists to disclose information that identify their source in criminal and administrative proceedings. Other Member States provide a qualified protection confined to judicial proceedings based on certain criminal charges, while others provide protection in the form of a general principle. In spite of existing standards codified by the Council of Europe and of established case law by the European Court of Human Rights, practical examples from several Member States have revealed very different approaches to this matter and a lack of protection for journalistic sources in some situations. This leads to fragmentation in the internal media market. As a result, journalists, which work increasingly on cross-border projects and provide their services to cross- border audiences, and by extension providers of media services, are likely to face barriers, legal uncertainty and uneven conditions of competition. Therefore, the protection of journalistic sources and communications needs harmonisation and further strengthening at Union level, without weakening the current protection in any Member State. Journalists working on cross-border projects should benefit from the highest protection standards of the Member States involved. The protection of journalistic sources and communications should correspond, as minimum, to the protection as provided in accordance with international and European standards as well as the case law from the CJEU and the ECtHR.
Amendment 176 #
2022/0277(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Surveillance methods deployed against journalists are varied, such as interception of electronic communications and metadata, device or software hacking including denial of service attacks, wiretapping, bugging, videotaping, geolocation tracking via Radiofrequency identification (RFID), Global Positioning System (GPS) or cell-site data, data mining and social media monitoring. These techniques may gravely impact journalists’ rights to privacy, data protection and freedom of expression. The protections afforded by this Regulation therefore encompass current forms of digital surveillance but also future technologies that may appear along with technological innovation and they are without prejudice to the application of existing and future Union’s law that restricts or prohibits the development, trade in, and use of specific surveillance technologies deemed too invasive. Spyware which grant full unlimited access to personal data, including sensitive data, on a device could affect the very essence of the right to privacy, and thus should under no circumstance be considered necessary and proportionate under Union law.
Amendment 177 #
2022/0277(COD)
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) The use of surveillance technologies or coercion to access journalists' data protected by professional privilege and linked to secrecy obligations should never be considered necessary and proportionate in a democratic society given the gravity of the interference they entail with media freedoms. They undermine the role of journalists as public watchdog and the fundamental role of journalistic sources to the protection of freedom of expression enshrined in Article 11 of the Charter.
Amendment 178 #
2022/0277(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Digital safety and the confidentiality of electronic communications have become a major concern for journalists. In light of this, the promotion and protection of anonymisation tools and end-to-end encrypted services used by media service providers and their employees needs to be encouraged at European level to ensure an equal level of access to such equipment across all Member States. These tools have become vital for journalists to freely exercise their work and their rights to privacy, data protection and freedom of expression including by securing their communications and protecting the confidentiality of their sources.
Amendment 179 #
2022/0277(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The protection of journalistic sources and communication is currently regulated heterogeneously in the Member States. Some Member States provide an absolute protection against coercing journalists to disclose information that identify their source in criminal and administrative proceedings. Other Member States provide a qualified protection confined to judicial proceedings based on certain criminal charges, while others provide protection in the form of a general principle. In spite of existing standards codified by the Council of Europe and of established case law by the European Court of Human Rights, practical examples from several Member States have revealed very different approaches to this matter and a lack of protection for journalistic sources in some situations This leads to fragmentation in the internal media market. As a result, journalists, which work increasingly on cross-border projects and provide their services to cross- border audiences, and by extension providers of media services, are likely to face barriers, legal uncertainty and uneven conditions of competition. Therefore, the protection of journalistic sources and communications needs harmonisation and further strengthening at Union level, without weakening the current protection in any Member State. Journalists working on cross-border projects should benefit from the highest protection standards of the Member States involved. The protection of journalistic sources and communications should correspond, as minimum, to the protection as provided in accordance with international and European standards as well as the case law from the CJEU and the ECtHR.
Amendment 180 #
2022/0277(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including the Commission and its agencies, governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or regional level, or local governments of territorial entities of more than 1 million inhabitants. However, the definition of state advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other suddenunforeseen, major incidents that can cause harm to individualsignificant portions of the population. Such emergency messages should not be exempted from transparency obligations.
Amendment 181 #
2022/0277(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Digital safety and the confidentiality of electronic communications have become a major concern for journalists. In light of this, the promotion and protection of anonymisation tools and end-to-end encrypted services used by media service providers and their employees needs to be encouraged at European level to ensure an equal level of access to such equipment across all Member States. These tools have become vital for journalists to freely exercise their work and their rights to privacy, data protection and freedom of expression including by securing their communications and protecting the confidentiality of their sources.
Amendment 183 #
2022/0277(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to quality information and impartialndependent media coverage, as part of their missionremit. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, to put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their missionremit that enables predictability in their planning. Preferably, such funding should be decided and appropriated on a multi-year basis, in line with the public service missionremit of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States to provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Amendment 187 #
2022/0277(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) It is crucial for the recipients of media services to know with certainty who owns and is behind the news media so that they can identify and understand potential conflicts of interest which is a prerequisite for forming well-informed opinions and consequently to actively participate in a democracy. Such transparency is also an effective tool to limit risks of interference with editorial independence. It is thus necessary to introduce common information requirements for all relevant media service providers across the Union that should include proportionate requirements to disclose ownership information, including the information on their parent and sister companies and details, if applicable, of their contracts with state bodies. In this context, the measures taken by Member States under Article 30(9) of Directive (EU) 2015/84949should not be affected. The required information should be disclosed by the relevant providers on their websites or other medium that is easily and directly accessible. _________________ 49 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73-117).
Amendment 190 #
2022/0277(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to quality information and impartialndependent media coverage, as part of their missionremit. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, to put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their missionremit that enables predictability in their planning. Preferably, such funding should be decided and appropriated on a multi-year basis, in line with the public service missionremit of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States to provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Amendment 190 #
2022/0277(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Transparency of media ownership is a fundament to monitor and understand the functioning of the European media market. A media ownership database serves as a one stop shop for citizens and other stakeholders with information mapping the ownership structures in the market. The Board and the Member states need to cooperate in information collecting, maintaining and updating the database as a primary source of such information.
Amendment 196 #
2022/0277(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) It is crucial for the recipients of media services to know with certainty who owns and is behind the news media so that they can identify and understand potential conflicts of interest which is a prerequisite for forming well-informed opinions and consequently to actively participate in a democracy. Such transparency is also an effective tool to limit risks of interference with editorial independence. It is thus necessary to introduce common information requirements for all relevant media service providers across the Union that should include proportionate requirements to disclose ownership information, including the information on their parent and sister companies and details, if applicable, of their contracts with state bodies. . In this context, the measures taken by Member States under Article 30(9) of Directive (EU) 2015/84949should not be affected. The required information should be disclosed by the relevant providers on their websites or other medium that is easily and directly accessible. _________________ 49 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73-117).
Amendment 196 #
2022/0277(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To mitigate regulatory burdens, micro enterprises within the meaning of Article 3 of Directive 2013/34/EU of the European Parliament and of the Council50should be exempted from thsomerequirements related to information and internal safeguards with a view to guaranteeing the independon transparencey of individual editorial decisionsmedia ownership. Moreover, media service providers should be free to tailor the internal safeguards to their needs, in particular if they are small and medium- sizedmicroenterprises within the meaning of thatArticle 3 of Directive 2013/34/EU. The Recommendation that accompanies this Regulation51provides a catalogue of voluntary internal safeguards that can be adopted within media companies in this regard. The present Regulation should not be construed to the effect of depriving the owners of private media service providers of their prerogative to set strategic or general goals and to foster the growth and financial viability of their undertakings. In this respect, this Regulation recognises that the goal of fostering editorial independence needs to be reconciled with the legitimate rights and interests of private media owners. _________________ 50 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19-76). 51 OJ C , , p. .
Amendment 199 #
2022/0277(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Independent national regulatory authorities or bodies are key for media pluralism and media freedom and the proper application of media law across the Union. National regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU are best placed to ensure the correct application of the requirements related to regulatory cooperation and a well-functioning market for media services, envisaged in Chapter III of this Regulation. They are the primary enforcers and guardians of media freedom and pluralism at the national level. As independent regulatory authorities, they should be able to set their own priorities guided by the general interest of safeguarding media pluralism and freedom and decide independently about the allocation of their resources. Their decisions should respect the European Charter of Fundamental Rights, in particular Article 11 thereof. In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union.
Amendment 200 #
2022/0277(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Transparency of media ownership is a fundament to monitor and understand the functioning of the European media market. A media ownership database serves as a one stop shop for citizens and other stakeholders with information mapping the ownership structures in the market. The Board and the Member states need to cooperate in information collecting, maintaining and updating the database as a primary source of such information.
Amendment 202 #
2022/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 202 #
2022/0277(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Given the importance and the extensive nature of the new tasks conferred by this Regulation to independent national regulatory authorities or bodies, directly or indirectly, it is of utmost importance to ensure that the financial, human and technical resources of the national regulatory authorities or bodies are adequately and sufficiently increased. In this sense, Member States could make use of national resources coming from the auctioning of the spectrum, the digital dividend or the introduction of a levy on regulated entities. Member States should also provide the Commission with all relevant information concerning the increase of financial, human and technical resources. Moreover, within the framework of the applicable public function, and budgetary regulations, the NRA should have full authority over the recruitment and management of the staff, who should be hired under clear and transparent rules. The capacity over the management of the staff should include autonomy to decide the required profile, qualification, expertise, and other human resources features, including salary and retribution, with independence from other public bodies. The NRA should also have full autonomy and decision-making control in terms of management of internal structure, organisation, and procedures for the effective performance of their duties and the effective exercise of their powers. Without prejudice to national budgetary rules and procedures, NRAs should have allocated a separated annual budget. Member states should ensure that national authorities are granted full autonomy in the spending of the allocated budget for the purpose of carrying out their duties. Any control on the budget of the NRAs should be exercised in a transparent manner. Annual accounts of regulatory Authorities should have an ex post control by an independent auditor, and should be made public.
Amendment 205 #
2022/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. T as observers. In agreement with the Commision, the Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particulardesignate as observers also regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. The Board should also have the possibility to invite to attend its meetings experts, civil society organisations and representatives of media service providers. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 208 #
2022/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions ion agreement with the Commissionits own initiative or upon itsa request from the Commission in the cases envisaged by this Regulation. In order to effectively fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 210 #
2022/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions in agreement with the Commission or upon its requeson its own initiative or upon a request from the Commission or the European Parliament in the cases envisaged by this Regulation. In order to effectively fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks. The Board should have the expertise and resources necessary to provide its opinion in cases where it finds that media freedom and pluralism, or editorial independence are systematically undermined in a Member State either by national measures of the respective Member State or decisions of its National Regulatory Authority or body, or due to other reasons. In its opinions the Board should take due account of various sources of information, in particular the decisions of the respective National Regulatory Authority or body, submissions by civil society organisations and other available sources including the results of the Media Pluralism Monitor.
Amendment 211 #
2022/0277(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a consistent regulatory practice regarding this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this field. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 211 #
2022/0277(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To mitigate regulatory burdens, micro enterprises within the meaning of Article 3 of Directive 2013/34/EU of the European Parliament and of the Council50should be exempted from thsomerequirements related to information and internal safeguards with a view to guaranteeing the independon transparencey of individual editorial decisionsmedia ownership. Moreover, media service providers should be free to tailor the internal safeguards to their needs, in particular if they are small and medium- sizedmicroenterprises within the meaning of thatArticle 3 of Directive 2013/EU. The Recommendation that accompanies this Regulation51provides a catalogue of voluntary internal safeguards that can be adopted within media companies in this regard. The present Regulation should not be construed to the effect of depriving the owners of private media service providers of their prerogative to set strategic or general goals and to foster the growth and financial viability of their undertakings. In this respect, this Regulation recognises that the goal of fostering editorial independence needs to be reconciled with the legitimate rights and interests of private media owners. _________________ 50 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19-76). 51 OJ C , , p. .
Amendment 214 #
2022/0277(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Transparency of media ownership is a fundament to monitor and understand functioning of the European media market. A media ownership database serves as a one stop shop for citizens and other stakeholders with information mapping the ownership structures in the market. The Board and the Member States need to cooperate in information collecting, maintaining and updating the database as a primary source of such information.
Amendment 215 #
2022/0277(COD)
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28b) Minimum harmonisations of rules regarding restrictions on media ownership across the Union is one of the fundaments in order to guarantee a fair plurality and to protect fair competition among media services providers within the European media market and to uphold the right for consumers to receive variety of diverse information and opinions in an impartial and pluralistic manner.
Amendment 216 #
2022/0277(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Independent national regulatory authorities or bodies are key for media pluralism and media freedom and the proper application of media law across the Union. National regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU are best placed to ensure the correct application of the requirements related to regulatory cooperation and a well-functioning market for media services, envisaged in Chapter III of this Regulation. They are the primary enforcers and guardians of media freedom and pluralism at the national level. As independent regulatory authorities, they should be able to set their own priorities guided by the general interest of safeguarding media pluralism and freedom and decide independently about the allocation of their resources. Their decisions should respect the European Charter of Fundamental Rights, in particular Article 11 thereof. In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union.
Amendment 217 #
2022/0277(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Given the importance and the extensive nature of the new tasks conferred by this Regulation to independent national regulatory authorities or bodies, directly or indirectly, it is of utmost importance to ensure that the financial, human and technical resources of the national regulatory authorities or bodies are adequately and sufficiently increased. In this sense, Member States could make use of national resources coming from the auctioning of the spectrum, the digital dividend or the introduction of a levy on regulated entities. Member States should also provide the Commission with all relevant information concerning the increase of financial, human and technical resources. Moreover, within the framework of the applicable public function, and budgetary regulations, the NRA should have full authority over the recruitment and management of the staff, who should be hired under clear and transparent rules. The capacity over the management of the staff should include autonomy to decide the required profile, qualification, expertise, and other human resources features, including salary and retribution, with independence from other public bodies. The NRA should also have full autonomy and decision-making control in terms of management of internal structure, organisation, and procedures for the effective performance of their duties and the effective exercise of their powers. Without prejudice to national budgetary rules and procedures, NRAs should have allocated a separated annual budget. Member states should ensure that national authorities are granted full autonomy in the spending of the allocated budget for the purpose of carrying out their duties. Any control on the budget of the NRAs should be exercised in a transparent manner. Annual accounts of regulatory Authorities should have an ex post control by an independent auditor, and should be made public.
Amendment 222 #
2022/0277(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a consistent regulatory practice regardingn effective application of this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this field. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 223 #
2022/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. T as observers. In agreement with the Commission, the Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particulardesignate as observers also regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. The Board should also have the possibility to invite to attend its meetings, experts, civil society organisations and representatives of media service providers. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 226 #
2022/0277(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Minimum harmonisations of rules regarding restrictions on media ownership across the European Union is one of the fundaments in order to guarantee a fair plurality and to protect fair competition among media services providers within the European media market and to uphold the right for consumers to receive variety of diverse information and opinions in an impartial and pluralistic manner. For this purpose, certain politically exposed persons, as defined in Article 3 of Directive (EU) 2015/849, such as heads of State, heads of government, ministers, deputy or assistant ministers, members of parliament or of similar legislative bodies, should after being appointed as such terminate their business relations with a media service provide.
Amendment 229 #
2022/0277(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory orequirements and self- regulatory requirecommitments they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content proviuploaded by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54 . To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effectwithout undue delay and without prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]. __________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 231 #
2022/0277(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) It is furthermore justified, in view of an expected positive impact on freedom to provide services and freedom of expression, that where media service providers adhere to certain regulatory or self-regulatory standards, their complaints against decisions of providers of very large online platformcomplaints against unjustified removals of content made by representative bodies of media service providers are treated with priority and without undue delay, in accordance with Regulation (EU) 2022/2065 .
Amendment 231 #
2022/0277(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the UnionEU, established outside the EU but under jurisdiction of an EU Member State through the Directive 2010/13/EU satellite criteria or established in the EU) irrespective of the means of distribution or access, that target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordinperation between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 233 #
2022/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such as the machine- readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
Amendment 234 #
2022/0277(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) In the case of audiovisual media services providers under jurisdiction of EU Member States pursuant to Article 2 of Directive 2010/13/EU, in order to ensure that audiovisual media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance, pursuant to an opinion of the Board, should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Following the request of the authority or body from another Member State, the competent national authority or body could be invited by the opinion of the Board to undertake certain measures, where the threats mentioned above are proven and are prejudicing or presenting a serious and grave risk of prejudice for several Member States or the Union. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 236 #
2022/0277(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Providers of very large online platforms should engage with media service providers that respect standards of credibility and transparency and that consider that restrictions on their content are frequently imposed by providers of , where audits undertaken pursuant to Regulation (EU) 2022/2065 demonstrate that a VLOP’s content moderation practices is negativerly large online platforms without sufficient groundsimpacting freedom and pluralism of the media, in order to find an amicable solution for terminating any unjustified restrictions and avoiding them in the future. Providers of very large online platforms should engage in such exchanges in good faith, paying particular attention to safeguarding media freedom and freedom of information.
Amendment 237 #
2022/0277(COD)
Proposal for a regulation
Recital 30 b (new)
Recital 30 b (new)
(30b) As any measures limiting the freedom of media and of speech can only be envisaged in highly exceptional and justified cases, the implication of the Board should be limited to what is strictly necessary and in line with international and European standards, therefore should be triggered following a request of a minimum number of Board members to be defined in the Board’s Rules of procedure. Once adopted, the opinions of the Board should be taken into utmost account by the national regulatory authorities or bodies concerned.
Amendment 238 #
2022/0277(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Building on the useful role played by ERGA in monitoring compliance by the signatories of EU Code of Practice on Disinformation, the Board should, at least on a yearly basis, organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to foster access to diverse offers of independent media on very large online platforms, discuss experience and best practices related to the application of the relevant provisions of this Regulation and to monitor adherence tocompliance with self- regulatory initiatives aimed at protecting society from harmful content, including those aimed at countering disinformation. The Commission may, where relevant, examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the Union under Regulation (EU) 2022/XXX [Digital Services Act] and may ask the Board to support it to this effect.
Amendment 242 #
2022/0277(COD)
Proposal for a regulation
Recital 30 c (new)
Recital 30 c (new)
(30c) In order to foster the coherence of decisions and facilitate the eventual cooperation between national regulatory authorities or bodies, the Board should develop a set of basic criteria on the service provider and the service provided. Those criteria should be used by national regulatory authorities or bodies, when a media service provider originating from outside of the Union seeks jurisdiction in one of the Member States, or when it is already under the jurisdiction of a Member State.
Amendment 243 #
2022/0277(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The freedom of the recipients of media services to effectively choose the content they want to access is constrained by the way very large online platforms and very large search engines suggest, rank and prioritise information, for example by their recommender systems. As recognised inter alia by Regulation (EU) 2022/2065, ‘such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online […]’. In other words, the recommender systems imposed by very large online platforms and very large search engines hold substantial power over the flow of content online, and over recipients’ exposure to diversity and their capacity to freely and effectively select their information diet. To preserve media diversity and plurality online it is thus key to create the conditions for a diversity of recommender systems to be available to service recipients, and for the latter to have the possibility to change, in a simple and user-friendly manner, the default settings and the criteria used by recommender systems to pre-select the content to which recipients are exposed. These conditions can be created by imposing pro- competitive remedies to lower barriers to entry for recommender systems providers, such as those based on unbundling and interoperability.
Amendment 246 #
2022/0277(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a consistent regulatory practice regardingn effective application of this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this field. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 247 #
2022/0277(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory orequirements and self- regulatory requirecommitments they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content proviuploaded by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effectwithout undue delay andwithout prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]. _________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 249 #
2022/0277(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) It is furthermore justified, in view of an expected positive impact on freedom to provide services and freedom of expression, that where media service providers adhere to certain regulatory or self-regulatory standards, their complaints against decisions of providers of very large online platformscomplaints against unjustified removals of content made by representative bodies of media service providers, are treated with priority and without undue delay, in accordance with Regulation (EU) 2022/2065.
Amendment 252 #
2022/0277(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure assessment of media market concentrations, affecting the media market, including existing concentrations at the time of entry into force of this Regulation, that could have a significant impact on media pluralism or editorial independence. Such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non-discriminatory. Media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion in a given media market, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration.
Amendment 252 #
2022/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable representative bodies of media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such as the machine- readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
Amendment 253 #
2022/0277(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) National regulatory authorities or bodies, who have specific expertise in the area of media pluralism, should be involved in the assessment of the impact ofn media market concentrations on media pluralism and editorial independence of concentrations affecting the media market, including existing concentrations at the time of entry into force of this Regulation, where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance.
Amendment 253 #
2022/0277(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Minimum harmonisations of rules regarding restrictions on media ownership across the European Union is one of the fundaments in order to guarantee a fair plurality and to protect fair competition among media services providers within the European media market and to uphold the right for consumers to receive variety of diverse information and opinions in an impartial and pluralistic manner. For this purpose, certain politically exposed persons, as defined in Article 3 of Directive (EU) 2015/849, such as heads of State, heads of government, ministers, deputy or assistant ministers, members of parliament or of similar legislative bodies, should after being appointed as such terminate their business relations with a media service provide.
Amendment 255 #
2022/0277(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) For the purpose of ensuring the protection of media freedom and pluralism, this Regulation should also apply to existing concentrations affecting the media market at the time of its entry into force.
Amendment 255 #
2022/0277(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Providers of very large online platforms should engage with media service providers that respect standards of credibility and transparency and that consider that restrictions on their content are frequently imposed by providers of where audits undertaken pursuant to Article 37 of Regulation (EU) 2022/2065 demonstrate that a VLOP’s content moderation practices are negativerly large online platforms without sufficient groundsimpacting freedom and pluralism of the media, in order to find an amicable solution for terminating any unjustified restrictions and avoiding them in the future. Providers of very large online platforms should engage in such exchanges in good faith, paying particular attention to safeguarding media freedom and freedom of information.
Amendment 258 #
2022/0277(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Building on the useful role played by ERGA in monitoring compliance by the signatories of EU Code of Practice on Disinformation, the Board should, at least on a yearly basis, organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to foster access to diverse offers of independent media on very large online platforms, discuss experience and best practices related to the application of the relevant provisions of this Regulation and to monitor adherence tocompliance with self- regulatory initiatives aimed at protecting society from harmful content, including those aimed at countering disinformation. The Commission may, where relevant, examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the Union under Regulation (EU) 2022/XXX [Digital Services Act] and may ask the Board to support it to this effect.
Amendment 260 #
2022/0277(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The freedom of the recipients of media services to effectively choose the content they want to access is also constrained by the way very large online platforms and very large search engines suggest, rank and prioritise information, for example by their recommender systems. As recognised inter alia by Regulation 2022/2065 the [DSA- Recital 70 among others], ‘such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online […]’. In other words, the recommender systems imposed by very large online platforms and very large search engines hold substantial power over the flow of content online, and over recipients’ exposure to diversity, and their capacity to freely and effectively select their information diet. To preserve media diversity and plurality online it is thus key to create the conditions for a diversity of recommender systems to be available to service recipients, and for the latter to have the possibility to change, in a simple and user-friendly manner, the default settings and the criteria used by recommender systems to pre-select the content to which recipients are exposed to. These conditions can be created by imposing pro-competitive remedies to lower barriers to entry for recommender systems providers, such as those based on unbundling and interoperability.
Amendment 262 #
2022/0277(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the UnionEU, established outside the EU but under jurisdiction of an EU Member State through the Directive 2010/13/EU satellite criteria or established in the EU) irrespective of the means of distribution or access, that target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordinperation between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 264 #
2022/0277(COD)
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37b) Recipients of media services increasingly face difficulties in identifying who bears the editorial responsibility for the content or services they consume, in particular when they access media services through connected devices or online platforms. Failure to clearly indicate editorial responsibility for media content or services (e.g., through incorrect attribution of logos, trademarks, or other characteristic traits) deprives recipients of media services of the possibility to understand and assess the information they receive, which is a prerequisite for forming well-informed opinions and consequently to actively participate in democracy. Recipients of media services should therefore be enabled to easily identify the media service provider bearing the editorial responsibility over any given media service on all devices and user interfaces controlling or managing access to and use of media services.
Amendment 266 #
2022/0277(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect the operation of media service providers in the internal market. They includemedia pluralism and editorial indpendence by restricting the possibility of media service providers in the internal market to provide access to a plurality of views and to reliable sources of information. Such measures can take various forms, for example, rules to limit the ownership of media companies by other companies active in the media sector or non-media related sectors; they also include, or decisions related to licensing, authorisation or prior notification for media service providers. In order to mitigate their potential negative impact on the functioning of the internal market for media services and enhance legal certainty, it is important that such measures comply with the principles of objective justification, transparency, non- discrimination and proportionality.
Amendment 268 #
2022/0277(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) In the case of audiovisual media services providers under jurisdiction of EU Member States pursuant to Article 2 of Directive 2010/13/EU, in order to ensure that audiovisual media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance, pursuant to an opinion of the Board, should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Following the request of the authority or body from another Member State, the competent national authority or body could be invited by the opinion of the Board to undertake certain measures, where the threats mentioned above are proven and are prejudicing or presenting a serious and grave risk of prejudice for several Member States or the Union. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 270 #
2022/0277(COD)
Proposal for a regulation
Recital 30 b (new)
Recital 30 b (new)
(30b) As any measures limiting the freedom of media and of speech can only be envisaged in highly exceptional and justified cases, the implication of the Board should be limited to what is strictly necessary and in line with international and European standards, therefore should be triggered following a request of a minimum number of Board members to be defined in the Board’s Rules of procedure. Once adopted, the opinions of the Board should be taken into utmost account by the national regulatory authorities or bodies concerned.
Amendment 271 #
2022/0277(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) It is also key that the Board is empowered to issue an opinion, on its own initiative or at the Commission’s request, where national measures are likely to affect the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a media service provider providing its services towards more than one Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member State.
Amendment 273 #
2022/0277(COD)
Proposal for a regulation
Recital 30 c (new)
Recital 30 c (new)
(30c) In order to foster the coherence of decisions and facilitate the eventual cooperation between national regulatory authorities or bodies, the Board should develop a set of basic criteria on the service provider and the service provided. Those criteria should be used by national regulatory authorities or bodies, when a media service provider originating from outside of the Union seeks jurisdiction in one of the Member States, or when it is already under the jurisdiction of a Member State.
Amendment 274 #
2022/0277(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure ex-ante and ex-post quality assessments of media market concentrations affecting the media market that could have a significant impact on media pluralism or editorial independence, including existing concentrations at the time of entry into force of this Regulation. Such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non-discriminatory. Media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion in a given media market, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration. Taking such measures is essential, in order to guarantee access, competition and quality and avoid conflicts of interests between media ownership concentration and political power, which are detrimental to free competition, a level playing field and pluralism. A detailed assessment of such media market concentrations capable of distorting media pluralism and competition should always be made by the competent national regulatory authorities or other bodies without any political interference.
Amendment 276 #
2022/0277(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) National regulatory authorities or bodies, who have specific expertise in the area of media pluralism, should be involved in the assessment of the impact of media market concentrationsconcentrations affecting the media market that could have an impact on media pluralism and editorial independence, including existing concentrations at the time of entry into force of this Regulation, where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance.
Amendment 278 #
2022/0277(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) For the purpose of ensuring the protection of media freedom and pluralism, this Regulation should also apply to existing concentrations affecting the media market at the time of its entry into force.
Amendment 279 #
2022/0277(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) When a media market concentration constitutes a concentration falling within the scope of Council Regulation (EC) No 139/200455, the application of this Regulation or of any rules and procedures adopted by Member States on the basis of this Regulation should not affect the application of Article 21(4) of Regulation (EC) No 139/2004. Any measures taken by the designated or involved national regulatory authorities or bodies based on their assessments of the impact of media marketconcentrations concentrations affecting the media market that could have an impacton media pluralism and editorial independence should therefore be aimed at protecting legitimate interests within the meaning of Article 21(4), third subparagraph, of Regulation (EC) No 139/2004, and should be in line with the general principles and other provisions of Union law. _________________ 55 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1-22).
Amendment 280 #
2022/0277(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) The Board should be empowered to provide opinions on draft decisions or opinions by the designated or involved national regulatory authorities or bodies, where the notifiableat its own initiative, or upon request, and conduct assessments of concentrations may affect the functioning of the internal media market. This would be the case, for example, where such concentrations involve at least one undertaking established in another Member State or operating in more than one Member State or result in media service providers having a significant influence on formation of public opinion in a given media market. Moreover, that could have a significant impact on media pluralism and editorial independence, including existing concentrations at the entry into force of the present Regulation. Democratic processes across the EU are rooted in national media markets, whereas national democratic processes spill over to EU level governance. Accordingly, it is necessary to have appropriate measures to enforce and protect democratic processes both at national and EU level. Moreover, the Board should provide an assessment where the concentration has not been assessed for its impact on media pluralism and editorial independence by the relevant national authorities or bodies, or where the national regulatory authorities or bodies have not consulted the Board regarding a given media market concentration, but that media market concentration is considered likely to affect the functioning of the internal market for media services, the Board should be able to provide an opinion, upon request of the Commissionor where the National Competition Authorities do not impose proportionate remedies for concentrations distorting competitions. The Commission must respond to the reasoned call of the Board. In any event, the Commission retains the possibility to issue its own opinions following the opinions drawn up by the Board.
Amendment 283 #
2022/0277(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory orequirements and self- regulatory requirecommitments they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content proviuploaded by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effectwithout undue delay andwithout prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]. _________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 284 #
2022/0277(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether undertakings which are part of a media market concentration haves systematically infringed the obligations laid down in this Regulation and that there is a clear risk of seriously undermining the independence, plurality and freedom of the media. Such assessment should be based on media market investigations to be carried out in an appropriate timeframe. In order to maintain or restore the independence, plurality and freedom of media as affected by the systematic non-compliance from undertakings which are part of a media market concentration, the Commission should have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. In this context, the Commission should have the power to prohibit, to the extent that such remedy is proportionate and necessary and during a limited period, that the undertakings part of the media market concentration under investigation remain or enter into further media market concentration. The power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of imposing remedies which are proportionate and necessary to ensure effective compliance with this Regulation and the protection of media freedom, pluralism and independence.
Amendment 285 #
2022/0277(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria as well as the criteria that should take precedence or prevail in case of conflicts. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. Furthermore, the results of the annual Commission Rule of Law report presented in the chapters on press freedom as well as the risk assessment made annually by instruments such as the Media Pluralism Monitor should be considered in determining the overall climate for media and the effects of the concentration in question over media pluralism and editorial independence, under these specific conditions. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market.
Amendment 288 #
2022/0277(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) It is furthermore justified, in view of an expected positive impact on freedom to provide services and freedom of expression, that where media service providers adhere to certain regulatory or self-regulatory standards, their complaints against decisions ofcomplaints against unjustified removals of content made by representative bodies of media service providers of very large online platformstreated are treated with priority and without undue delay, in accordance with Regulation (EU) 2022/2065.
Amendment 289 #
2022/0277(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production, buying, planning or selling of content. Accordingly, media market players, in particular media service providers and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions, which should be in compliance with EU data protection and privacy rules. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
Amendment 291 #
2022/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable representative bodies of media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such as the machine- readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
Amendment 293 #
2022/0277(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In order to enhance the verifiability, comparability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation) as well as to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX1925 [Digital Markets Act], including those concerning ranking or self- preferencing.
Amendment 296 #
2022/0277(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, together with media service providers and/or their representatives, civil society organisations and other relevant stakeholders can contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry with the support of national regulatory authorities or bodies to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providersmentioned above, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
Amendment 299 #
2022/0277(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Providers of very large online platforms should engage with media service providers that respect standards of credibility and transparency and that consider that restrictions on their content are frequently imposed by providers of , where audits undertaken pursuant to 37 of Regulation (EU) 2022/2065 demonstrate that a VLOP’s content moderation practices is negativerly large online platforms without sufficient groundsimpacting freedom and pluralism of the media, in order to find an amicable solution for terminating any unjustified restrictions and avoiding them in the future. Providers of very large online platforms should engage in such exchanges in good faith, paying particular attention to safeguarding media freedom and freedom of information.
Amendment 300 #
2022/0277(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) State advertising isand other state financial support are an important source of revenue for many media service providers, and contributinge to their economic sustainability. Access to it must be granted in a non-discriminatory way to any media service provider from any Member State which can adequately reach some or all of the relevant members of the public, in order to ensure equal opportunities in the internal market. Moreover, State advertisingMoreover, State advertising and other state financial support may make media service providers vulnerable to undue state influence to the detriment of the freedom to provide services and fundamental rights. Opaque and biased allocation of state advertising and other state financial support is therefore a powerful tool to exert influence or ‘capture’ media service providers. The distribution and transparency of state advertising and other state financial support are in some regards regulated through a fragmented framework of media- specific measures and general public procurement laws, which, however, may not cover all state advertising expenditure nor do not offer sufficient protection against preferential or biased distribution. In particular, Directive 2014/24/EU of the European Parliament and of the Council56does not apply to public service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services. Media-specific rules on state advertising or other state financial support, where they exist, diverge significantly from one Member State to another. _________________ 56 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65-242).
Amendment 302 #
2022/0277(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Providers of online platforms are increasingly competing with media service providers for the purpose of state advertising and other financial support. In order to ensure undistorted competition between media service providers and providers of online platforms and to avoid the risk of covert subsidies and of undue political influence on the media, it is necessary to establish common requirementand on online platforms, it is of particular importance that fair and transparent rules on the criteria for the allocation of state financial support and state advertising are in place, as well as them being effectively implemented. These criteria should follow principles of transparency, objectivity, proportionality and non- discrimination in the allocation of state advertising and of state resources to media service providers and of providers of online platforms for the purpose of purchasing goods or services from them other than state advertising, including the requirement to publish information on the beneficiaries of state advertising expenditure and the amounts spent. It is important that Member States make the necessary information related to state advertising. It is important that Member States make the necessary information, including beneficiaries and amounts spent, related to state advertising and other state financial support publicly accessible in an electronic format that is easy to view, access and download, in compliance with Union and national rules on commercial confidentiality. This Regulation shall not affect the application of the State aid rules, which are applied on a case-by-case basis.
Amendment 303 #
2022/0277(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Building on the useful role played by ERGA in monitoring compliance by the signatories of EU Code of Practice on Disinformation, the Board should, at least on a yearly basis, organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to foster access to diverse offers of independent media on very large online platforms, discuss experience and best practices related to the application of the relevant provisions of this Regulation and to monitor adherence tocompliance with self- regulatory initiatives aimed at protecting society from harmful content, including those aimed at countering disinformation. The Commission may, where relevant, examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the Union under Regulation (EU) 2022/XXX [Digital Services Act] and may ask the Board to support it to this effect.
Amendment 305 #
2022/0277(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Risks to the functioning and resilience of the internal media market should be regularly monitored as part of the efforts to improve the functioning of the internal market for media services. Such monitoring should aim at providing detailed data and qualitative assessments on the resilience of the internal market for media services, including as regards the degree of concentration of the market also at national and regional level and risks of foreign information manipulation and interference. It should be conducted independently, on the basis of a robust list of key performance indicators, developed and regularly updated by the Commission, in consultation with the Board. Given the rapidly evolving nature of risks and technological developments in the internal media market, the monitoring should include forward-looking exercises such as stress tests to assess the prospective resilience of the internal media market, to alert about vulnerabilities around media pluralism and editorial independence, and to help efforts to improve governance, data quality and risk management. In particular, the level of cross-border activity and investment, regulatory cooperation and convergence in media regulation, obstacles to the provision of media services, including in a digital environment, as well as transparency and fairness of allocation of economic resources in the internal media market should be covered by the monitoring. It should also consider broader trends in the internal media market and national media markets as well as national legislation affecting media service providers. In addition, the monitoring should provide an overview of measures taken by media service providers with a view to guaranteeing the independence of individual editorial decisions, including those proposed in the accompanying Recommendation. In order to ensure the highest standards of such monitoring, the Board, as it gathers entities with a specialised media market expertise, should be duly involved.
Amendment 306 #
2022/0277(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The Commission should be able to take the necessary actions to monitor the effective implementation of and compliance with the obligations laid down in this Regulation. To prepare the ground for a correct implementation of this Regulation, its provisions concerning independent media authorities, the Board and the required amendments to Directive 2010/13/EU (Articles 7 to 12 and 27 of this Regulation) should apply 3 months after the entry into force of the Act, while all other provisions of this Regulation will apply 6 months after the entry into force of this Regulation. In particular, this is needed to ensure that the Board will be established in time to ensure a successful implementation of the Regulation.
Amendment 311 #
2022/0277(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The freedom of the recipients of media services to effectively choose the content they want to access is also constrained by the way very large online platforms and very large search engines suggest, rank and prioritise information, for example by their recommender systems. As recognised inter alia by Regulation 2022/2065 the [DSA- Recital 70 among others], ‘such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online […]’. In other words, the recommender systems imposed by very large online platforms and very large search engines hold substantial power over the flow of content online, and over recipients’ exposure to diversity, and their capacity to freely and effectively select their information diet. To preserve media diversity and plurality online it is thus key to create the conditions for a diversity of recommender systems to be available to service recipients, and for the latter to have the possibility to change, in a simple and user-friendly manner, the default settings and the criteria used by recommender systems to pre-select the content to which recipients are exposed to. These conditions can be created by imposing pro-competitive remedies to lower barriers to entry for recommender systems providers, such as those based on unbundling and interoperability.
Amendment 312 #
2022/0277(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall not affect the possibility for Member States to adopt more detailed rules in the fields covered by Chapter II and Section 5 of Chapter III and Article 24, provided that those rules comply with Union law.
Amendment 314 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service provider and/or a concentration with an impact on pluralism in a national or in the EU market;
Amendment 315 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘media service provider’ means a natural or legal person, including natural persons in non-standard forms of employment, such as free-lancing and independent journalism, whose professional activity is to provide a media service and who has editorial responsibility for the choice of the content of the media service and determines the manner in which it is organised;
Amendment 318 #
2022/0277(COD)
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37b) Recipients of media services increasingly face difficulties in identifying who bears the editorial responsibility for the content or services they consume, in particular when they access media services through connected devices or online platforms. Failure to clearly indicate editorial responsibility for media content or services (e.g., through incorrect attribution of logos, trademarks, or other characteristic traits) deprives recipients of media services of the possibility to understand and assess the information they receive, which is a prerequisite for forming well-informed opinions and consequently to actively participate in democracy. Recipients of media services should therefore be enabled to easily identify the media service provider bearing the editorial responsibility over any given media service on all devices and user interfaces controlling or managing access to and use of media services.
Amendment 321 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘editorial decision’ means a decision taken on a regular basis for the purpose of exercising editorial responsibility and linked to the day-to-day operation of a media service provider;
Amendment 322 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any national or regional public authority, such aspublic authority at Union, national or regional level, such as the Commission and its agencies, national, federal or regional governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level, or any local government of a territorial entity of more than 1 million inhabitants;
Amendment 323 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Amendment 324 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or press publications, and other media content, and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
Amendment 325 #
2022/0277(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect the operation of media service providers in the internal market. They include, for example,media pluralism and editorial independence by restricting the possibility of media service providers in the internal market to provide access to a plurality of views and to reliable sources of information. Such measures can take various forms such as rules to limit the ownership of media companies by other companies active in the media sector or non-media related sectors; they also include decisions related to licensing, authorisation or prior notification for media service providers. In order to mitigate their potential negative impact on the functioning of the internal market for media services and enhance legal certainty, it is important that such measures comply with the principles of objective justification, transparency, non- discrimination and proportionality.
Amendment 327 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘provider of online platform’ means a hosting service as defined in article 3 (I) in the of Regulation (EU) 2022/2065
Amendment 333 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service providerparty in the media value chain;
Amendment 334 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services and users of providers of online platforms for the purposes of decisions regarding advertising allocation or prices or the related buying, planning, production, selling or distribution of content;
Amendment 336 #
2022/0277(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) It is also key that the Board is empowered to issue an opinion, on its own initiative or at the Commission’s request, where national measures are likely to affect the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a media service provider providing its services towards more than one Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member State.
Amendment 339 #
2022/0277(COD)
(40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure ex-ante and ex-post quality assessment of media market concentrations affecting the media market that could have a significant impact on media pluralism or editorial independence, including existing concentrations at the time of entry into force of this Regulation. Such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non-discriminatory. Media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion in a given media market, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration. Taking such measures is essential, in order to guarantee access, competition and quality and avoid conflicts of interests between media ownership concentration and political power, which are detrimental to free competition, a level playing field and pluralism. A detailed assessment of such media market concentrations capable of distorting media pluralism and competition should always be made by the competent national regulatory authorities or other bodies without any political interference.
Amendment 341 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of ar promotional or self-vider of online platform, of a promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any Union, national or, regional or local public authority, such as the Commission and its agencies, national, federal or, regional and local governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or, regional level, or any local government of a territorial entity of more than 1 million inhabitantsor local level;
Amendment 343 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elements that enables the covert surveillance of natural or legal persurveillance technologies' means any electronic, mechanical, or other surveillance device that enables the acquisition of informations by monitoring, extracting, collecting or analysing data from such products or from the natural or legal persons using such products, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user devicesof any information and communication technology, without the natural or legal person concerned being made aware in a specific manner and having given their express specific, free and informed consent in that regard;
Amendment 344 #
2022/0277(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) National regulatory authorities or bodies, who have specific expertise in the area of media pluralism, should be involved in the assessment of the impact of media market concentrations on media pluralism and editorial independenceconcentrations affecting the media market that could have an impact on media pluralism and editorial independence, including existing concentrations at the time of entry into force of this Regulation, where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance.
Amendment 345 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shall provide in an impartialndependent manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
Amendment 348 #
2022/0277(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) For the purpose of ensuring the protection of media freedom and pluralism, this Regulation should also apply to existing concentrations affecting the media market at the time of its entry into force.
Amendment 350 #
2022/0277(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) When a media market concentration constitutes a concentration falling within the scope of Council Regulation (EC) No 139/200455, the application of this Regulation or of any rules and procedures adopted by Member States on the basis of this Regulation should not affect the application of Article 21(4) of Regulation (EC) No 139/2004. Any measures taken by the designated or involved national regulatory authorities or bodies based on their assessments of the impact of media marketconcentrations concentrations affecting the media market that could have an impacton media pluralism and editorial independence should therefore be aimed at protecting legitimate interests within the meaning of Article 21(4), third subparagraph, of Regulation (EC) No 139/2004, and should be in line with the general principles and other provisions of Union law. _________________ 55 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1-22).
Amendment 352 #
2022/0277(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 352 #
2022/0277(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) The Board should be empowered to provide opinions on draft decisions or opinions by the designated or involved national regulatory authorities or bodies, where the notifiableand, at its own initiative or upon request, conduct assessments of concentrations may affect the functioning of the internal media market. This would be the case, for example, where such concentrations involve at least one undertaking established in another Member State or that could have a significant impact on media pluralism and editorial independence, including existing concentrations at the entry into force of the present Regulation. Democratic processes across the EU are rooted in national media markets, whereas national democratic processes spill opverating in more than one Member State or result in media service providers having a significant influence on formation of public opinion to EU level governance. As a consequence, concentrations that are purely national could have a significant impact on media pluralism at the EU level. Accordingly, in order to achieve the objectives of this Regulation, it is necessary to have appropriate measures to assess the national and cross-border concentrations aiming a given media market. Moreover,t enforcing and protecting democratic processes both at national and EU level. Moreover, the Board should provide an assessment where the concentration has not been assessed for its impact on media pluralism and editorial independence by the relevant national authorities or bodies, or where the national regulatory authorities or bodies have not consulted the Board regarding a given media market concentration, but that media market concentration is considered likely to affect the functioning of the internal market for media services, the Board should be able to provide an opinion, upon request of the Commission or where the National Competition Autohrities do not impose proportionate remedies for concentrations distorting competitions. The Commission must respond to the reasoned call of the Board. In any event, the Commission retains the possibility to issue its own opinions following the opinions drawn up by the Board.
Amendment 353 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point a
Article 2 – paragraph 1 – point 17 – point a
(a) terrorism, as defined in Directive (EU) 2017/541 of the European Parliament and of the Council,
Amendment 354 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their servicesshall make, in line with accessibility requirements, easily and publically available the following up-to-date information:
Amendment 355 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point h
Article 2 – paragraph 1 – point 17 – point h
Amendment 356 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the name(s) and contact details of their beneficial owners within the meaning of Article 3, point 6 of Directive (EU) 2015/849 of the European Parliament and of the Council.
Amendment 356 #
2022/0277(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether undertakings which are part of a media market concentration hasve systematically infringed the obligations laid down in this Regulation and that there is a clear risk of seriously undermining the independence, plurality and freedom of the media. Such assessment should be based on media market investigations to be carried out in an appropriate timeframe. In order to maintain or restore the independence, plurality and freedom of media as affected by the systematic non-compliance from undertakings which are part of a media market concentration, the Commission should have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. In this context, the Commission should have the power to prohibit, to the extent that such remedy is proportionate and necessary and during a limited period, that the undertakings part of the media market concentration under investigation remain or enter into a further media market concentration. The power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of imposing remedies which are proportionate and necessary to ensure effective compliance with this Regulation and the protection of media freedom, pluralism and independence.
Amendment 357 #
2022/0277(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Rights of recipients of media services to receive and impart information
Amendment 358 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) information on the nature and the extent of the interest and links held by the beneficial owners and family members known to be close associates as defined in Article 3 points 9, 10, 11 of Directive (EU) 2015/849 in other media, other media enterprises and even in other economic sectors;
Amendment 359 #
2022/0277(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria as well as the criteria should take precedence or prevail in case of conflicts. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. Furthermore, the results of the annual Commission Rule of Law report presented in the chapters on press freedom as well as the risk assessment made annually by instruments such as the Media Pluralism Monitor should be considered in determining the overall climate for media and the effects of the concentration in question over media pluralism and editorial independence, under these specific conditions. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market.
Amendment 359 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 361 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
(cb) information regarding the state support measures granted to the media
Amendment 362 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
Article 6 – paragraph 1 – point c c (new)
(cc) whether and to what extent their direct or beneficial ownership is held by the government, a state institution, a state-owned enterprise or other public body;
Amendment 364 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. Member States shall entrust a relevant national regulatory authority or body with developing and maintaining a dedicated online media ownership database, containing disaggregated data about different types of media, as defined in paragraph 1, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge, and to produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 364 #
2022/0277(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production, buying, planning or selling of content. Accordingly, media market players, in particular media service providers and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions, which should be in compliance with EU data protection and privacy rules. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
Amendment 365 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
1d. Media service providers shall submit the information defined in paragraph 1, to the national databases of media ownership established according to paragraph 3 within 90 days after any change of any information regarding their ownership.
Amendment 366 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 e (new)
Article 6 – paragraph 1 e (new)
1e. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of Media Ownership on quarterly basis.
Amendment 373 #
2022/0277(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In order to enhance the verifiability, comparability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation) as well as any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX [Digital Markets Act]1925, including those concerning ranking or self- preferencing.
Amendment 376 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of news and current affairs content.
Amendment 378 #
2022/0277(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, together with media service providers and/or their representatives, civil society organisations and other relevant stakeholders can contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry with the support of national regulatory authorities or bodies to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providersmentiones above, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
Amendment 380 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) detain, sanction, intercept, subject to surveillance or search and seizure, or inspect media service providers or their employees or, if applicable, their family members, or any otheir employees or their family members, or their corporate and private premises, on the ground that they refuse to disclose information on their sources, unless this is justified by an overriding requirement in the public interest,subject belonging to their professional or private network of relationships, their sources, or their corporate and private premises, unless the following cumulative conditions are fulfilled: (i) the interference is justified for the prevention, investigation or prosecution of a serious criminal offence listed in Article 2(17) of this Regulation; and (ii) the interference is, ex ante, ordered exclusively by an independent and impartial judicial authority with effective remedial measures. To this end, a prior review is carried out on a case by-case basis by an independent and impartial court delivering a duly reasoned decision based on a fair balance between the interests of enforcing criminal law and the fundamental rights affected by the measure, including in case of disclosure of journalistic sources; and (iii) the measure is provided for by law in accordance with Article 52(1) of the Charter and in compliance with other Union law, and is proportionate in respect to the legitimate aim pursued; and (iv) the defence rights and the right to access to effective legal remedies are ensured in accordance with Article 52(1)47 of the Charter and in compliance with other Union law;.
Amendment 383 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The obligations under this Articleparagraph 1 point d, e, f shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.
Amendment 384 #
2022/0277(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Media Ownership Restrictions 1. Politically exposed persons, falling under points 9a, point 9b of Article 3 of Directive (EU) 2015/849 shall not be beneficial owners, as defined in Directive (EU) 2015/849, of any press publications, or audiovisual media service. 2. When a person becomes a politically exposed person, they shall terminate the operation of the media service provider or shall terminate the business relationship, which allow for exercising influence over the media service provider, with the media service provider without undue delay, but not later than 60 days after becoming a politically exposed person.
Amendment 384 #
2022/0277(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) State advertising isand other state financial support are an important source of revenue for many media service providers, and contributinge to their economic sustainability. Access to it must be granted in a non-discriminatory way to any media service provider from any Member State which can adequately reach some or all of the relevant members of the public, in order to ensure equal opportunities in the internal market. Moreover, State advertisingMoreover, State advertising and other state financial support may make media service providers vulnerable to undue state influence to the detriment of the freedom to provide services and fundamental rights. Opaque and biased allocation of state advertising and other state financial support is therefore a powerful tool to exert influence or ‘capture’ media service providers. The distribution and transparency of state advertising and other state financial support are in some regards regulated through a fragmented framework of media- specific measures and general public procurement laws, which, however, may not cover all state advertising expenditure nor do not offer sufficient protection against preferential or biased distribution. In particular, Directive 2014/24/EU of the European Parliament and of the Council56does not apply to public service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services. Media-specific rules on state advertising or other state financial support, where they exist, diverge significantly from one Member State to another. _________________ 56 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65-242).
Amendment 386 #
2022/0277(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Providers of online platforms are increasingly competing with media service providers for the purpose of state advertising and other financial support. In order to ensure undistorted competition between media service providers and with providers of online platforms and to avoid the risk of covert subsidies and of undue political influence on the media, it is necessary to establish common requirement and on online platforms, it is of particular importance that fair and transparent rules on the criteria for the allocation of state financial support and state advertising are in place, as well as their being effectively implemented. These criteria should follow principles of transparency, objectivity, proportionality and non- discrimination in the allocation of state advertising and of state resources to media service providers and of providers of online platforms for the purpose of purchasing goods or services from them other than state advertising, including the requirement to publish information on the beneficiaries of state advertising expenditure and the amounts spent. It is important that Member States make the necessary information related to state advertising. It is important that Member States make the necessary information, including beneficiaries and amounts spent related to state advertising and other state financial support publicly accessible in an electronic format that is easy to view, access and download, in compliance with Union and national rules on commercial confidentiality. This Regulation shall not affect the application of the State aid rules, which are applied on a case-by-case basis.
Amendment 391 #
2022/0277(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Risks to the functioning and resilience of the internal media market should be regularly monitored as part of the efforts to improve the functioning of the internal market for media services. Such monitoring should aim at providing detailed data and qualitative assessments on the resilience of the internal market for media services, including as regards the degree of concentration of the market also at national and regional level and risks of foreign information manipulation and interference. It should be conducted independently, on the basis of a robust list of key performance indicators, developed and regularly updated by the Commission, in consultation with the Board. Given the rapidly evolving nature of risks and technological developments in the internal media market, the monitoring should include forward-looking exercises such as stress tests to assess the prospective resilience of the internal media market, to alert about vulnerabilities around media pluralism and editorial independence, and to help efforts to improve governance, data quality and risk management. In particular, the level of cross-border activity and investment, regulatory cooperation and convergence in media regulation, obstacles to the provision of media services, including in a digital environment, as well as transparency and fairness of allocation of economic resources in the internal media market should be covered by the monitoring. It should also consider broader trends in the internal media market and national media markets as well as national legislation affecting media service providers. In addition, the monitoring should provide an overview of measures taken by media service providers with a view to guaranteeing the independence of individual editorial decisions, including those proposed in the accompanying Recommendation. In order to ensure the highest standards of such monitoring, the Board, as it gathers entities with a specialised media market expertise, should be duly involved.
Amendment 394 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spyware in any device or machine used byforce access to or perform any other hacking operations on any device or machine, or deploy surveillance technologies against media service providers or their employees or, if applicable, their family members, or their employees or any otheir family members, unless the deployment is justified, on a case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charter and other Union law, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain the information soughtsubject belonging to their professional or private network of relationships, or their sources, where that might lead to a violation of professional secrecy and legal professional privilege.
Amendment 395 #
2022/0277(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The Commission should be able to take the necessary actions to monitor the effective implementation of and compliance with the obligations laid down in this Regulation. To prepare the ground for a correct implementation of this Regulation, its provisions concerning independent media authorities, the Board and the required amendments to Directive 2010/13/EU (Articles 7 to 12 and 27 of this Regulation) should apply 3 months after the entry into force of the Act, while all other provisions of this Regulation will apply 6 months after the entry into force of this Regulation. In particular, this is needed to ensure that the Board will be established in time to ensure a successful implementation of the Regulation.
Amendment 401 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) Commission a third party to perform any of the measures under paragraphs (b) and (c).
Amendment 403 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure the promotion and protection of confidentiality of communications and of end-to-end encrypted services in particular in media service providers communications. The use of encrypted and anonymisation tools by media service providers and their employees shall be encouraged and shall not be considered a valid reason for suspicion for the adoption of measures pursuant to subparagraph (b) of paragraph 2 of this Article.
Amendment 408 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consult the Commission , in particular in preparation of its work programme and main deliverables.
Amendment 408 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person, Member States shall designate an independent authority or body, such as an ombudsperson, to handle complaints lodged by media service providers or, if applicable, their family members, their employees or their family members, regarding breaches of paragraph 2, points (b), (c) and (ca). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (b), (c) and (ca).
Amendment 410 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
Amendment 414 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Breaches of the obligations set out under this Article shall constitute a breach of the principles of the rule of law, within the meaning of Article 3 of Regulation 2020/2092.
Amendment 416 #
2022/0277(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall not affect the possibility for Member States to adopt more detailed rules in the fields covered by Chapter II and Section 5 of Chapter III, and Article 24 provided that those rules comply with Union law.
Amendment 420 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission.
Amendment 423 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shallMember States shall ensure that public service media providers are editorially independent and provide in an impartialndependent manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
Amendment 426 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The head of management and the members of the governing board of public service media providers, and all management positions, shall be appointed through a transparent, open and non-discriminatory procedure and on the basis of transparent, objective, gender-balanced, non- discriminatory and proportionate criteria that emphasises professional competence, political neutrality and commitment to public service journalism, laid down in advance by national law.
Amendment 431 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The duration of their term of office shall be established by national law, and be adequate and sufficient to ensure effective independence of the public media service provider. They may be dismissed before the end of their term of office onlyunder exceptionally circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties laid down in advance by national law or for specific reasons of illegal conduct or serious misconduct as defined in advance by national law.
Amendment 433 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘editorial decision’ means a decision taken on a regular basis for the purpose of exercising editorial responsibility and linked to the day-to-day operation of a media service provider;
Amendment 435 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or, press publications and other media content, and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
Amendment 437 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 440 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘provider of online platform’ means a hosting service as defined in article 3 (I) in the of Regulation (EU) 2022/2065
Amendment 440 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service missioremit and to meet the objectives therein. Those resources shall be such that editorial independence is safeguarded.
Amendment 441 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 443 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that the allocation of financial resources to the public service media providers is conducted through predictable, transparent, independent, impartial and non-discriminatory procedures and on the basis of transparent, objective and proportionate criteria laid down in advance by national law. Those procedures shall be such that editorial independence is safeguarded.
Amendment 445 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall designate one or more independent authorities or bodies in order to monitor compliance with paragraphs 1 to 3. Following findings related to non-compliance or partial compliance with this Article, the designated independent authorities or bodies shall make the findings available to the public.
Amendment 446 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 448 #
2022/0277(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 451 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service providerparty in the media value chain;
Amendment 453 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their servicesshall make, in line with the accessibility requirements and in an user-friendly manner, publicly available the following information:
Amendment 455 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services and users of providers of online platforms for the purposes of decisions regarding advertising allocation or prices or the related buying, planning, production, selling or distribution of content;
Amendment 458 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Article 12 – paragraph 1 – point f – point ii
(ii) media market concentrations which are likely to affect the functioning of the internal market for media services, in accordance with Article 22(1) of this Regulation;
Amendment 460 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) of their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making, and where applicable its registered office, legal form and name(s) of legal representative, of their direct or indirect owner(s) with shareholdings of at least 15% of its capital;
Amendment 464 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the name(s) of their beneficial owners within the meaning of Article 32, paragraph 1, point 622 of Directive (EU) 2015/849Regulation (EU) XXXX/XXX [Anti-Money Laundering Regulation] of the European Parliament and of the Council.
Amendment 466 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) establish and maintain the European Database for Media Ownership collecting information provided by national regulatory authorities and bodies, in accordance with Article 6 of this Regulation.
Amendment 467 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Article 12 – paragraph 1 – point m b (new)
(mb) establish and maintain the European Database on State Advertising collecting information provided by national regulatory authorities and bodies, in accordance with Article 24 of this Regulation
Amendment 467 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) whether and to what extent their direct or beneficial ownership is held by the government, a state institution, a state-owned enterprise or other public body;
Amendment 471 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of ar promotional or self-viders of online platform, of a promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any Union, national or, regional or local public authority, such as the Commission and its agencies, national, federal or, regional and local governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or, regional level, or any local government of a territorial entity of more than 1 million inhabitantsor local level ;
Amendment 472 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
(cb) information on the nature and the extent of the interest and links held by the beneficial owners and family members known to be close associates as defined in Article 2, paragraph 1, points 25, 26 and 27 of Regulation (EU) XXXX/XXX [Anti- Money Laundering Regulation] in other media, other media enterprises and even in other economic sectors;
Amendment 474 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elementsurveillance technologies’ means any electronic, mechanical, or other surveillance device that enables the covert surveillance of natural or legal persacquisition of informations by monitoring, extracting, collecting or analysing data from such products or from the natural or legal persons using such products, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user devicesof any information and communication technology, without the natural or legal person concerned being made aware in a specific manner and having given their express specific, free and informed consent in that regard ;
Amendment 477 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
Article 6 – paragraph 1 – point c c (new)
(cc) state advertising and state financial support allocated to them;
Amendment 478 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
Article 6 – paragraph 1 – point c d (new)
(cd) details concerning the ownership structure related to their parent and sister companies, as well as their subsidiaries;
Amendment 480 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point a
Article 2 – paragraph 1 – point 17 – point a
(a) terrorism, as defined in Directive (EU) 2017/541 of the European Parliament and of the Council,
Amendment 481 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point h
Article 2 – paragraph 1 – point 17 – point h
Amendment 481 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c e (new)
Article 6 – paragraph 1 – point c e (new)
(ce) details of revenue from contracts with state bodies received by companies that belong to the same business grouping as the media service provider;
Amendment 482 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining a dedicated online media ownership databases, containing disaggregated data about different types of media, as defined in paragraph 1 of this Article, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 484 #
2022/0277(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Rights of recipients of media services to receive and impart information
Amendment 486 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Media service providers shall submit the information defined in paragraph 1, to the national databases of media ownership established according to paragraph 3 within 90 days after any change of any information regarding their ownership.
Amendment 487 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 489 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of Media Ownership on quarterly basis.
Amendment 493 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Without prejudice to national constitutional laws consistent with the Charter, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions. In particular, such measures shall aim to:
Amendment 495 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure the promotion and protection of confidentiality of communications and of end-to-end encrypted services in particular in media service providers communications. The use of encrypted and anonymisation tools by media service providers and their employees shall be encouraged and shall not be considered a valid reason for suspicion for the adoption of measures pursuant to subparagraph (b) of paragraph 2 of this Article.
Amendment 502 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee that journalists and editors are free to take individual editorial decisions in the exercise of their professional activity; and
Amendment 507 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of news and current affairs content.
Amendment 510 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Develop self-regulatory instruments such as codes of conduct, in cooperation with professional associations or organisations of journalists, representatives of publishers and other stakeholders, establishing the principles of independence, reliability and freedom of information, as well as the roles, rights and obligations of the various actors involved in the information process.
Amendment 513 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person, Member States shall designate an independent authority or body, such as an ombudsperson, to handle complaints lodged by media service providers or, if applicable, their family members, their employees or their family members, regarding breaches of paragraph 2, points (b) and (c). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (b) and (c).
Amendment 515 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Breaches of the obligations set out under this Article shall constitute a breach of the principles of the rule of law, within the meaning of Article 3 of Regulation 2020/2092.
Amendment 518 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The obligations under paragraph 1, points (ca), (cb) and (cc) of this Article, shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.
Amendment 519 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare that:ensure that their content moderation processes have adequate and sufficient personnel, linguistic range and cultural sensitivity and context-specific training, to ensure that freedom and pluralism of the media is not undermined.
Amendment 522 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 524 #
2022/0277(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a Media Ownership Restrictions 1. Politically exposed persons, falling under point 25, paragraph 1, of Article 2 of Regulation (EU) XXXX/XXX [Anti- Money Laundering Regulation] shall not be beneficial owners, as defined within the meaning of Article 2, paragraph 1, point 22, of Regulationin (EU) XXXX/XXX [Anti-Money Laundering Regulation], of any press publications, or audiovisual media service. 2. When a person becomes a politically exposed person, they shall terminate the operation of the media service provider or shall terminate the business relationship, which allows for exercising influence over the media service provider, with the media service provider without undue delay, but not later than 60 days after becoming a politically exposed person.
Amendment 525 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 525 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shallMember States shall ensure that public service media providers are editorially independent and provide in an impartialndependent manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
Amendment 527 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The head of management and the members of the governing board of public service media providers, and all management positions, shall be appointed through a transparent, open and non-discriminatory procedure and on the basis of transparent, objective, gender-balanced, non- discriminatory and proportionate criteria that emphasises professional competence, political neutrality and commitment to public service journalism, laid down in advance by national law.
Amendment 527 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the financial, human and technical resources of the national regulatory authorities or bodies havare adequate financial, human and technical resourcly and sufficiently sized and increased to allow the national regulatory authorities or bodies to carry out their tasks under this Regulation and the Directive 2010/13/EU. Member states shall guarantee the organisational and functional autonomy of the national regulatory authorities or bodies.
Amendment 528 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 532 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The duration of their term of office shall be established by national law, and be adequate and sufficient to ensure effective independence of the public media service provider. They may be dismissed before the end of their term of office onlyunder exceptionally circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties laid down in advance by national law or for specific reasons of illegal conduct or serious misconduct as defined in advance by national law.
Amendment 534 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure that the heads and members of national regulatory authorities and bodies are appointed through a transparent, open and non-discriminatory procedure and on the basis of objective, gender-balanced, clear, transparent and proportionate criteria laid down in advance by national law. They may be dismissed before the end of their term of office under exceptional circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties or serious misconduct as defined in advance by national law. Dismissal decisions shall be duly justified, subject to prior notification to the person concerned, and include the possibility for judicial review. The grounds for dismissal shall be made available to the public.
Amendment 537 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. Member States shall ensure that the members of the national regulatory authorities or bodies and their governing bodies are independent of the government and market players, and that they act in full independence when performing their tasks or exercising their powers. National regulatory authorities or bodies and their governing bodies shall have full operational autonomy to manage their financial and human resources.
Amendment 538 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 c (new)
Article 7 – paragraph 3 c (new)
3c. Members of the national regulatory authorities or bodies, their governing bodies and their management shall, in the performance of their tasks or the exercise of their powers, neither seek nor take instructions from the government, institution, person or body and fulfill their missions in an effective, independent and transparent manner. This shall not affect the competencies of the Board or the Commission in conformity with this Regulation.
Amendment 539 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 d (new)
Article 7 – paragraph 3 d (new)
3d. Within one year after the entry into application of this Regulation pursuant to Article 28(2), the Commission shall assess the implementation of this Article. To this end, Members States shall send all relevant information to the Commission upon its request.
Amendment 540 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service missioremit and to meet the objectives therein. Those resources shall be such that editorial independence is safeguarded.
Amendment 540 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Those powers shall be laid down in advance by national law and shall include in particular the power to request such persons to provide, within a reasonable time period, information that is proportionate and necessary for carrying out the tasks under Chapter III; the request can also be addressed to any other person that, for purposes related to their trade, business or profession, may reasonably be in possession of the information needed.
Amendment 541 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that the allocation of financial resources to the public service media providers is conducted through predictable, transparent, independent, impartial and non-discriminatory procedures and on the basis of transparent, objective and proportionate criteria laid down in advance by national law. Those procedures shall be such that editorial independence is safeguarded.
Amendment 542 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online media ownership databases containing data as defined in paragraph 1 of Article 6, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 545 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall designate one or more independent authorities or bodies in order to monitor compliance with paragraphs 1 to 3. Following findings related to non-compliance or partial compliance with this Article, the designated independent authorities or bodies shall make the findings available to the public.
Amendment 545 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. National regulatory authorities or bodies shall organise consultations on matters covered by this Regulation with stakeholders such as civil society organisations, media experts, and representatives of the media services providers established in the Union. The results of these consultations shall be reflected in reports published annually.
Amendment 546 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 c (new)
Article 7 – paragraph 4 c (new)
4c. National regulatory authorities or bodies shall submit data provided according to article 24 to the European Database of State financial support on quarterly basis, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National Regulatory authorities or bodies shall produce regular reports on the ownership of media services under their jurisdiction of a given Member State.
Amendment 548 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation toremove content, particularly content providosted by a media service provider that submitted a declaration pursuant to paragraph 1 of this Articleor linking to content under its editorial control, on the grounds that such content is incompatible with its terms and conditions, without that content otherwise contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX2065 [Digital Services Act], it shall take all possireasonable measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX2065 [Digital Services Act], to communicate to the media service provider concernedentity that posted the content the statement of reasons accompanying that decision, as required by Article 4(1)17 of Regulation (EU) 2019/1150,22/2065 [Digital Services Act], if possible prior to the suspension taking effect.
Amendment 550 #
2022/0277(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
6 Duties of media service providers providing news and current affairs contentMedia ownership transparency
Amendment 552 #
2022/0277(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
Amendment 553 #
Amendment 556 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 1186 of Regulation (EU) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and22/2065 [Digital Services Act] by representative bodies including those representing media service providers are decided upon without undue delay.
Amendment 557 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their servicesshall make, in line with the accessibility requirements and in an user-friendly manner, publicly available the following up-to-date information:
Amendment 558 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Board shall be represented by its Chair. The Board shall elect a Chair from amongst its members. The Board shall also elect a Steering group from amongst its members. The Steering Group shall consist of a Chair, a Vice-Chair and 3 other members, including the outgoing Chair. The Chair and the other members of the steering Group shall be elected by a two-thirds majority of ithe Board's members with voting rights. The term of office of the Chair shall be two yearsof one year, renewable once. The Board's Rules of procedure shall specify the roles, the tasks and the procedures for the appointment of the members of the Steering Group.
Amendment 561 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board without voting rights. The representative of the Commission shall participate in all activities andthe meetings of the Board, without voting rights. The Chair of the Board shall keep the European Parliament and the Commission informed about the ongoing and planned activities of the Board. The Board shall consult the Commission, including the presentation of the report according to paragraph (m e) of Article 12 of this Regulation. The Board shall take into account the recommendations of the Commission and other interested parties in the media field, in preparation of its work programme and main deliverables.
Amendment 562 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider oftrends identified under Article 18 suggest that very large online platforms frequently restricts or suspends the provision of its services in relation to content providosted by thone or more media service provider(s) without sufficient grounds and in a manner that undermines media freedom and pluralism, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider(s), upon itstheir request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board.
Amendment 565 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The media service provider shall immediately notify the outcome of any meaningful and effective dialogue to the Board. To this end, the Board shall maintain a transparent, complete, up-to- date, public register documenting all procedures of this nature, including the name of the concerned media service providers and very large online platform, as well as the number of meetings, meeting documents, and the outcomes of such dialogues
Amendment 567 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4 b (new)
Article 17 – paragraph 4 b (new)
4b. Pursuant to the objectives laid out in the previous paragraph, the Board shall be able to request additional documentation when it finds that the information provided by very large online platforms in the context of meaningful and effective dialogues is not adequate.
Amendment 567 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. The Board may designate permanent observers from amongst national regulatory authorities or bodies with competence in the media field, including those coming from non-EU countries which have entered into agreements with the Union to that effect. The observers shall not have voting rights.
Amendment 568 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content providosted by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 568 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) of their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making, and where applicable its registered office, legal form and name(s) of legal representative of their direct or indirect owner(s) with shareholdings of at least 15% of its capital;
Amendment 572 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the name(s) of their beneficial owners within the meaning of Article 32, paragraph 1, point 622 of Directive (EU) 2015/849Regulation (EU) XXXX/XXX of the European Parliament and of the Council.
Amendment 574 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 576 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings where necessary.
Amendment 577 #
Amendment 579 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Board shall regularly organise a structured dialogueforum between providers of very large online platforms, representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of Article 17 of this Regulation, to foster access to diverse offers of independent media on very large online platforms and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interferencein particular, to identify numbers and trends related to the subject matter, volume, and affected parties.
Amendment 579 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) whether and to what extent their direct or beneficial ownership is held by the government, a state institution, a state-owned enterprise or other public body;
Amendment 580 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
Amendment 581 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogueforum to the Commission.
Amendment 581 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission. The Board shall lay down, in its rules of procedure, the practical arrangements for the prevention and management of conflict of interests.
Amendment 582 #
2022/0277(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
Right of customisation of audiovisual media offer
Amendment 583 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
Article 6 – paragraph 1 – point c c (new)
(cc) state advertising and state financial support allocated to them
Amendment 584 #
2022/0277(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Users shall have a right to easily change the default settings of any device or user interface controlling or managing access to and use of audiovisual media services, including through the use of third party recommender systems, as defined in Article 3 of Regulation 2022/2065, in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
Amendment 584 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
Article 6 – paragraph 1 – point c d (new)
(cd) details concerning the ownership structure related to their parent and sister companies, as well as their subsidiaries
Amendment 586 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c e (new)
Article 6 – paragraph 1 – point c e (new)
Amendment 588 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining a dedicated online media ownership databases, containing disaggregated data about different types of media, as defined in paragraph 1 of this Article, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 592 #
2022/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have abe supported by an independent secretariat, which shall be provided by the Commissionith sufficient budgetary and human resources.
Amendment 594 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commissioneither on its own initiative or upon request of the Commission or the media service provider affected by the measure, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 595 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Media service providers shall submit the information defined in paragraph 1, to the national databases of media ownership established according to paragraph 1 a within 90 days after any change of any information regarding their ownership
Amendment 598 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. National regulatory authorities or bodies shall submit data provided according to paragraph 1 a to the European Database of Media Ownership on quarterly basis
Amendment 601 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
Amendment 603 #
2022/0277(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
Assessment of media market concentrations affecting the media market
Amendment 605 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall provide, in their national legal systems, substantive and procedural rules which ensure an assessment of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence. These rules shall:
Amendment 608 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) require the parties to a media market concentrationconcentrations affecting the media market that could have a significant impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;
Amendment 608 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative, or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 611 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d
Article 21 – paragraph 1 – subparagraph 1 – point d
(d) set out in advance objective, non- discriminatory and proportionate criteria for notifying media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence and for assessing the impact of media marketsuch concentrations on media pluralism and editorial independence.
Amendment 613 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 616 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee that journalists and editors are free to take individual editorial decisions in the exercise of their professional activity; and
Amendment 618 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 623 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non-media businesses;
Amendment 623 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of news and current affairs content.
Amendment 625 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) develop self-regulatory instruments such as codes of conduct, in cooperation with professional associations or organisations of journalists, representatives of publishers and other stakeholders, establishing the principles of independence, reliability and freedom of information, as well as the roles, rights and obligations of the various actors involved in the information process.
Amendment 629 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) whether, in the absence of the concentration, the acquiring and acquired entity would remain economically sustainable, and whether there are any possible alternatives to ensure its economic sustainability, which would not undermine freedom and pluralism of the media.
Amendment 633 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) upon request of the Commission, draw up opinions with respect to:
Amendment 635 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission, assisted by the Board, may issue guidelines on the factors to be taken into account when applying the criteria for assessing the impact of media market concentrations affecting the media market on media pluralism and editorial independence by the national regulatory authorities or bodies. It may request assistance from the Commission when fulfilling this function.
Amendment 636 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – point i
Article 12 – paragraph 1 – point f – point i
(i) national measures which are likely to affect the functioning of the internal market for media services or have a significant impact on media pluralism, in accordance with Article 20(4) of this Regulation;
Amendment 637 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The national regulatory authority or body shall consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentrations affecting the media market where such concentrations may affect the functioning of the internal market.
Amendment 638 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The obligations under this Articleparagraph 1 point c a, c b, c c shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.
Amendment 638 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Article 12 – paragraph 1 – point f – point ii
(ii) media market concentrations which are likely to affect the functioning of the internal market for media services and that could have a significant impact on media pluralism and editorial independence, in accordance with Article 22(1) of this Regulation;
Amendment 642 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) draw up opinions on draft national opinions or decisions assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such a concentration may affect the functioning of the internal marketaffecting the media market that could have a significant impact on media pluralism and editorial independence, in accordance with Article 21(5) of this Regulation;
Amendment 644 #
2022/0277(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a Media Ownership Restrictions 1. Politically exposed persons, falling under points 9a, point 9b of Article 3 of Directive (EU) 2015/849 shall not be beneficial owners, as defined within the meaning of Article 2, paragraph 1, point 22, of Regulationin (EU) XXXX/XXX, of any press publications, or audiovisual media service. 2. When a person becomes a politically exposed person, they shall terminate the operation of the media service provider or shall terminate the business relationship, which allows for exercising influence over the media service provider, with the media service provider without undue delay, but not later than 60 days after becoming a politically exposed person.
Amendment 644 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(ga) issue guidelines and recommendations to promote a common methodology for the elaboration of the assessments of concentrations affecting the media market as referred to in Article 21 of this Regulation. The guidelines and recommendations shall be made publicly available.
Amendment 646 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g b (new)
Article 12 – paragraph 1 – point g b (new)
(gb) on its own initiative, or upon request, conduct assessments of concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence, including existing concentrations at the entry into force of the present Regulation, in accordance with Article 22 of this Regulation.
Amendment 647 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 647 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g c (new)
Article 12 – paragraph 1 – point g c (new)
(gc) monitor compliance with the guidelines and recommendations to promote a common methodology with the view of protecting and promoting media freedom and pluralism across the EU as referred to in paragraph (ga) of this Article.
Amendment 648 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The Board shall take utmost account of input from civil society and industry groups when deciding whether to draw up an opinion on a concentration which would objectively impact the media market despite neither party being a media market service provider.
Amendment 651 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the financial, human and technical resources of the national regulatory authorities or bodies havare adequate financial, human and technical resourcly and sufficiently sized and increased to allow the national regulatory authorities or bodies to carry out their tasks conferred on them under this Regulation. and the Directive 2010/13/EU. Member states shall guarantee the organisational and functional autonomy of the national regulatory authorities or bodies.
Amendment 654 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point l
Article 12 – paragraph 1 – point l
(l) organise a structured dialogueforum between providers of very large online platforms, representatives of media service providers and of civil society, and report on its results to the Commissionother relevant stakeholders, in accordance with Article 18 of this Regulation;
Amendment 655 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point l a (new)
Article 12 – paragraph 1 – point l a (new)
(la) under request or at its own initiative, the Board may provide mediation assistance in case of no agreement between media service providers and providers of very large online platforms pursuant to Article 17(4).
Amendment 656 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m
Article 12 – paragraph 1 – point m
(m) foster the exchange of best practices and encourage compliance with existing codes of conduct related to the deployment of audience measurement systems, in accordance with Article 23(5) of this Regulation.
Amendment 657 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure that the heads and members of national regulatory authorities and bodies are appointed through a transparent, open and non-discriminatory procedure and on the basis of objective, gender-balanced, clear, transparent and proportionate criteria laid down in advance by national law. They may be dismissed before the end of their term of office under exceptional circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties or serious misconduct as defined in advance by national law. Dismissal decisions shall be duly justified, subject to prior notification to the person concerned, and include the possibility for judicial review. The grounds for dismissal shall be made available to the public.
Amendment 658 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) in so far as necessary in order to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation agreement with the Commission, may cooperate with relevant Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organisations. To that end, the Board may, subject to prior approval by the Commission, establish working arrangements. Working arrangement shall be publicly available and included in the annual report of the Board in accordance with paragraph 5 of Article 10.
Amendment 660 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. Member States shall ensure that the members of the national regulatory authorities or bodies and their governing bodies are independent of the government and market players, and that they act in full independence when performing their tasks or exercising their powers. National regulatory authorities or bodies and their governing bodies shall have full operational autonomy to manage their financial and human resources.
Amendment 661 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 c (new)
Article 7 – paragraph 3 c (new)
3c. Members of the national regulatory authorities or bodies, their governing bodies and their management shall, in the performance of their tasks or the exercise of their powers, neither seek nor take instructions from the government, institution, person or body and fulfill their missions in an effective, independent and transparent manner. This shall not affect the competencies of the Board or the Commission in conformity with this Regulation.
Amendment 662 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 d (new)
Article 7 – paragraph 3 d (new)
3d. Within one year after the entry into application of this Regulation pursuant to Article 28(2), the Commission shall assess the implementation of this Article. To this end, Members States shall send all relevant information to the Commission upon its request.
Amendment 664 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Article 12 – paragraph 1 – point m b (new)
(mb) establish and maintain the European Database for Media Ownership collecting informations provided by national regulatory authorities and bodies, in accordance with Article 6 of this Regulation.
Amendment 665 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems, together with media service providers, their representative organisations, civil society and any other interested parties, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.
Amendment 665 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Those powers shall be laid down in advance by national law and shall include in particular the power to request such persons to provide, within a reasonable time period, information that is proportionate and necessary for carrying out the tasks under Chapter III; the request can also be addressed to any other person that, for purposes related to their trade, business or profession, may reasonably be in possession of the information needed.
Amendment 667 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online media ownership databases containing data as defined in paragraph 1 of Article 6, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 668 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. National regulatory authorities or bodies shall organise consultations on matters covered by this Regulation with stakeholders such as civil society organisations, media experts, and representatives of the media services providers established in the Union. The results of these consultations shall be reflected in reports published annually.
Amendment 668 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m c (new)
Article 12 – paragraph 1 – point m c (new)
(mc) establish and maintain the European Database on State Advertising collecting informations provided by national regulatory authorities and bodies, in accordance with Article 24 of this Regulation.
Amendment 669 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 c (new)
Article 7 – paragraph 4 c (new)
4c. National regulatory authorities or bodies shall submit data provided according to article 24 to the European Database of State financial support on quarterly basis, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National Regulatory authorities or bodies shall produce regular reports on the ownership of media services under their jurisdiction of a given Member State.
Amendment 670 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m d (new)
Article 12 – paragraph 1 – point m d (new)
(md) organise a structured dialogue with representatives of media service providers, civil society, academia and other relevant stakeholders to cooperate and exchange information, experience and best practices on the implementation of this Regulation and Directive 2010/13/EU. The results of these consultations shall be reflected in the preparation of its work programme and main deliverables, and shall be publicly available.
Amendment 672 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m e (new)
Article 12 – paragraph 1 – point m e (new)
(me) prepare a detailed annual report of its activities and tasks as provided for in this Article, in particular an overview of the state of play of compliance with the recommendations issued by the Board. The annual report shall be made publicly available. The Board shall provide, in its future annual reports, a follow-up of the previous reports prepared.
Amendment 673 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m f (new)
Article 12 – paragraph 1 – point m f (new)
Amendment 674 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m g (new)
Article 12 – paragraph 1 – point m g (new)
(mg) examine the problem of interdependency between media service providers and the state created by financial flows from the state to media owners via state contracts through companies belonging to the same business group as the media service provider, operating in other industries. The Board should draw up guidelines on how to prevent any conflict of interest arising from and its potential impact on editorial policy.
Amendment 678 #
2022/0277(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
Amendment 678 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where a national regulatory authority or body considers that there is a serious and grave risk of prejudice to the functioning of the internal market for media services or a serious and grave risk of prejudice to rule of law and/or public security and defence, it may request other national regulatory authorities or bodies to provide accelerated cooperation or mutual assistance, while ensuring compliance with fundamental rights, in particular freedom of expression.
Amendment 679 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, includingat Union, national, federal or regional governmentslevel, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly availableshall make publicly available through electronic and user- friendly means, accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers, which shall include at least the following details:
Amendment 680 #
Amendment 681 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Requests for cooperation or mutual assistance, including accelerated cooperation or mutual assistance, shall contain all the necessary information related to the request, including the purpose of and reasons for it, as specified in the Board´s Rules of Procedure.
Amendment 684 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The requested authority shall do its utmost to address and reply to the request without undue delay. The requested authority shall provide intermediary results within the period of 14 calendar days from the receipt of the request, with subsequent regular updates on the progress of execuFurther details on the procedure of the structured cooperation, including the rights and obligations of the request. In case of requests for accelerated cooperation or mutual assistance, the requested authority shall address and reply to the request within 14 calendar daysparties as well as the deadlines to be respected, shall be defined in the Board’s rules of procedure.
Amendment 687 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider.;
Amendment 688 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(ba) the amounts spent per media service provider;
Amendment 688 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Board shall be represented by its Chair. The Board shall elect a Chair from amongst its members. The Board shall also elect a Steering group from amongst its members. The Steering Group shall consist of a Chair, a Vice-Chair and 3 other members, including the outgoing Chair. The Chair and the other members of the steering Group shall be elected by a two-thirds majority of ithe Board's members with voting rights. The term of office of the Chair shall be two yearsof one year, renewable once. The Board's Rules of procedure shall specify the roles, the tasks and the procedures for the appointment of the members of the Steering Group. .
Amendment 688 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar daysa time period to be defined in the Board´s Rules of procedure from the receipt of that referral, the Board shall issue, in agreement with the Commission, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
Amendment 689 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. In the two months preceding an election, no public funds or any other consideration or advantage shall be granted by public authorities to media service providers for the purpose of advertising, unless it concerns information relating to the procedures of the election.
Amendment 692 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board without voting rights. The representative of the Commission shall participate in all activities andthe meetings of the Board, without voting rights. The Chair of the Board shall keep the European Parliament and the Commission informed about the ongoing and planned activities of the Board. The Board shall consult the Commission, including the presentation of the report according to paragraph (m d) of Article 12 of this Regulation. The Board shall take into account the recommendations of the Commission and other interested parties in the media field, in preparation of its work programme and main deliverables.
Amendment 692 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The requested national authority or body shall, without undue delay and within 30 calendar daysa maximum time period to be defined in the Board´s rules of procedure, inform the requesting national authority or body about the actions taken or planned pursuant to paragraph 1, or justify the reasons for which action was not taken.
Amendment 693 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. Member States shall entrust a relevant national regulatory authority or body with developing and maintaining a dedicated online database of state advertising, containing disaggregated data defined in paragraph 2.
Amendment 694 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. Public authorities allocating public funds or any other consideration or advantage granted for the purpose of advertising shall submit the information defined in paragraph 1, to the national databases of state advertising established according to paragraph 3.
Amendment 695 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 c (new)
Article 24 – paragraph 3 c (new)
3c. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of State advertising on quarterly basis.
Amendment 696 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In the event of a disagreement between the requesting national authority or body and the requested authority or body regarding actions taken or planned, or a refusal to take action pursuant to paragraph 1, either authority or body may refer the matter to the Board for mediation in view of finding an amicable solution.
Amendment 701 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. The Board may designate permanent observers from amongst national regulatory authorities or bodies with competence in the media field, including those coming from non-EU countries which have entered into agreements with the Union to that effect. The observers shall not have voting rights.
Amendment 702 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreement with the Commission, without undue delay.
Amendment 705 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The requested national authority or body shall, without undue delay and within 30 calendar days at the latesta maximum period to be defined in the Board´s rules of procedure from the receipt of the opinion referred to in paragraph 4, inform the Board, the Commission and the requesting authority or body of the actions taken or planned in relation to the opinion.
Amendment 710 #
2022/0277(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU6 of this Regulation.
Amendment 713 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings where necessary.
Amendment 714 #
2022/0277(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
16 Coordination of measures concerning media service providers establishedoriginating from outside the Union
Amendment 722 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Board shall coordinate measures by national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers establishedoriginating from outside the Union that target, irrespective of the means of distribution or access, target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defence.
Amendment 723 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission. The Board shall lay down, in its rules of procedure, the practical arrangements for the prevention and management of conflict of interests.
Amendment 724 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Amendment 729 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board issued according to paragraph 1a and 1b. The competent authority or body shall provide reasons for any refusal to undertake the recommended actions.
Amendment 733 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. When taking a decision regarding the jurisdiction (inter alia through licensing or registration) over an audiovisual media service provider originating from outside of the Union, the competent regulatory authority or body shall, without prejudice to the national legislation, do its utmost to take into account a set of basic principle-based criteria concerning the service and the service provider to be developed by the Board.
Amendment 735 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2 b (new)
Article 16 – paragraph 2 b (new)
2b. Member States shall ensure that, when relevant, national regulatory authorities or bodies, when deciding to take action against a media service provider originating from outside of the Union, have the legal basis to take into account: (i) a decision taken against that provider by a national regulatory authority or body from another Member State, and/or (ii) an opinion of the Board relating to that provider and taken on the grounds of this article
Amendment 740 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare that:ensure that their content moderation processes have adequate and sufficient personnel, linguistic range and cultural sensitivity and context-specific training, to ensure that freedom and pluralism of the media is not undermined.
Amendment 742 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 743 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 745 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 759 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation toremove content, particularly content providosted by a media service provider that submitted a declaration pursuant to paragraph 1 of this Articleor linking to content under its editorial control, on the grounds that such content is incompatible with its terms and conditions, without that content otherwise contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX2065 [Digital Services Act], it shall take all possireasonable measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX2065 [Digital Services Act], to communicate to the media service provider concernedentity that posted the content the statement of reasons accompanying that decision, as required by Article 4(17) of Regulation (EU) 2019/1150,22/2065 [Digital Service Act], if possible prior to the suspension taking effect.
Amendment 766 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 1186 of Regulation (EU) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and22/2065 [Digital Service Act] by representative bodies including those representing media service providers are decided upon without undue delay.
Amendment 772 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider oftrends identified under Article 18 suggest that a very large online platform frequently restricts or suspends the provision of its services in relation to content providosted by thone or more media service provider(s) without sufficient grounds and in a manner that undermines media freedom and pluralism, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider(s), upon itstheir request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board.
Amendment 773 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The media service provider shall may immediately notify the outcome of any meaningful and effective dialogue such exchanges to the Board. To this end, the Board shall maintain a transparent, complete, up-to-date, public register documenting all procedures of this nature, including the name of the concerned media service providers and very large online platforms, as well as the number of meetings, meeting documents, and the outcomes of such dialogues.
Amendment 774 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4 b (new)
Article 17 – paragraph 4 b (new)
4b. Pursuant to the objectives laid out in paragraph 5, the Board shall be able to request additional documentation when it finds that the information provided by very large online platforms in the context of meaningful and effective dialogues is not sufficient or adequate.
Amendment 777 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 779 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative, or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 783 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 784 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 787 #
Amendment 789 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Board shall regularly organise a structured dialogueforum between providers of very large online platforms, representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of Article 17 of this Regulation, to foster access to diverse offers of independent media on very large online platforms and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interferencein particular, to identify numbers and trends related to the subject matter, volume, and affected parties.
Amendment 792 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 793 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogueForum to the Commission.
Amendment 795 #
2022/0277(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
Right of customisation of audiovisual media offer
Amendment 796 #
2022/0277(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Users shall have a right to easily change the default settings of any device or user interface controlling or managing access to and use of audiovisual media services, including through the use of third party recommender systems, as defined in article 3 of Regulation 2022/2065, in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
Amendment 801 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
Amendment 801 #
2022/0277(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article19a Right to identify the content of a media service 1. Recipients of media services shall have a right to easily identify the media service provider on any device or user interface controlling or managing access to and use of media services. 2. Manufacturers of devices and providers of user interfaces controlling or managing access to and use of media services shall ensure that the identity of the media service provider bearing the editorial responsibility for the content or services is clearly visible alongside the content and services offered
Amendment 802 #
2022/0277(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
National measures affecting the provision and operation of media service providers
Amendment 807 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect thenegatively affect the provision or operation of media service providers and media pluralism in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory.
Amendment 809 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Without prejudice and in addition to its right to effective judicial protection, any media service provider subject to an administrative or regulatory measure referred to in paragraph 1 that concerns it individually and directly shall have the right to appeal against that measure to an appellate body. That body shall be independent of the parties involved and of any external intervention or political pressure liable to jeopardise its independent assessment of matters coming before it. It shall have the appropriate expertise and funding to enable it to carry out its functions effectively. The European Commission or the Board may submit written observations during the course of proceedings before such a national appellate body and may, with the permission of the body in question, also make oral observations.
Amendment 813 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – point i
Article 12 – paragraph 1 – point f – point i
(i) national measures which are likely to affect the functioning of the internal market for media services or have a significant impact on media pluralism, in accordance with Article 20(4) of this Regulation;
Amendment 814 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shalleither on its own initiative or upon request of the Commission or the media service provider affected by the measure, may draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 817 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Article 12 – paragraph 1 – point f – point ii
(ii) media market concentrations which are likely to affect the functioning of the internal market for media services and that could have a significant impact on media pluralism and editorial independence, in accordance with Article 22(1) of this Regulation;
Amendment 821 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) draw up opinions on draft national opinions or decisions assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such a concentration may affect the functioning of the internal marketaffecting the media market that could have a significant impact on media pluralism and editorial independence, in accordance with Article 21(5) of this Regulation;
Amendment 821 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concernedthe timeline set out, and, the views of other authorities concerned. The Board shall provide recommendations addressed to the national authority or body adopting the measure with the aim to ensure that such measure is not having a significant impact on media pluralism. The national authority or body shall make every effort to comply with the recommendations from the Board. In particular, it shall inform the Board how it intends to comply with them and the timeline foreseen. In the event that a national authority or body does not comply or does not intend to comply, it shall inform the Board, stating its reasons. National authorities or bodies shall always publish and reason their decisions including rejection of complaints submitted to them. The recommendations from the Board and the follow-up from the national authority or body shall also be made publicly available.
Amendment 823 #
2022/0277(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
21 Assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence
Amendment 825 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall provide, in their national legal systems, substantive and procedural rules which ensure anthe conducting of ex-ante and ex-post quality assessments of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence. These rules shall:
Amendment 826 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(ga) issue guidelines and recommendations to promote a common methodology for the elaboration of the assessments of concentrations affecting the media market as referred to in Article 21 of this Regulation. The guidelines and recommendations shall be made publicly available.
Amendment 827 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) require the parties to a media market concentration affecting the media market that could have a significant impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;
Amendment 828 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g b (new)
Article 12 – paragraph 1 – point g b (new)
(gb) on its own initiative, or upon request, conduct assessments of concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence, including existing concentrations at the entry into force of the present Regulation, in accordance with Article 22 of this Regulation.
Amendment 829 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d
Article 21 – paragraph 1 – subparagraph 1 – point d
(d) set out in advance objective, non- discriminatory and proportionate criteria for notifying media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence and for assessing the impact of media marketsuch concentrations on media pluralism and editorial independence.
Amendment 830 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g c (new)
Article 12 – paragraph 1 – point g c (new)
(gc) monitor compliance with the guidelines and recommendations to promote a common methodology with the view of protecting and promoting media freedom and pluralism across the EU as referred to in paragraph (ga) of this Article.
Amendment 830 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
(da) incorporate the guidelines and recommendations issued by the Board to conduct assessments regarding concentrations affecting the media market and to establish a follow-up system.
Amendment 833 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non-media businesses;
Amendment 834 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a a (new)
Article 21 – paragraph 2 – point a a (new)
(aa) the results of the risk assessment made by the annual Commission Rule of Law Report and its country-specific reports, as well as instruments such as the Media Pluralism Monitor to identify, analyse and assess any systemic risks to media freedom and media pluralism in the particular Member State;
Amendment 835 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, as well as national legislation and self-regulatory norms in this regard;
Amendment 839 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission, assisted by the Board, mayshall issue guidelines on the factors to be taken into account when applying the criteria for assessing the impact of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence by the national regulatory authorities or bodies in accordance with this article, as well as which criteria should take precedence or prevail in case of conflicts. It may request assistance from the Commission when fulfilling this function.
Amendment 840 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point l
Article 12 – paragraph 1 – point l
(l) organise a structured dialogueforum between providers of very large online platforms, representatives of media service providers and of civil society, and report on its results to the Commission,other relevant stakeholders in accordance with Article 18 of this Regulation ;
Amendment 841 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point l a (new)
Article 12 – paragraph 1 – point l a (new)
(la) under request or at its own initiative, the Board may provide mediation assistance in case of no agreement between media service providers providers and providers of very large online platforms pursuant to Article. 17(4)
Amendment 842 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m
Article 12 – paragraph 1 – point m
(m) foster the exchange of best practices and encourage compliance with existing codes of conduct related to the deployment of audience measurement systems, in accordance with Article 23(5) of this Regulation.
Amendment 843 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The national regulatory authority or body shall consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such concentrations may affect the functioning of the internal marketa notifiable concentration affecting the media market that could have significant impact on media pluralism and editorial independence.
Amendment 844 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) In so far as necessary in order to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation agreement with the Commission, may cooperate with relevant Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organisations. To that end, the Board may, subject to prior approval by the Commission, establish working arrangements. Working arrangement shall be publicly available and included in the annual report of the Board in accordance with paragraph 5 of Article 10.
Amendment 844 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6a. The respective national regulatory authorities or bodies, at their own initiative or requested by the Board, shall conduct an ex-post evaluation of concentrations significantly affecting the media market that could have a significant impact on media pluralism and editorial independence in order to assess the consequences of the NRAs’ decision and whether the effects of the merger should be reduced or eliminated ex post. During such an assessment national regulatory authorities or bodies shall gather information on the media landscape, assess the conditions under which the concentrations have been carried out, verify the extent to which such concentrations present dangers to the media pluralism and editorial independence, and issue proposals how to remedy such dangers. National independent authorities or bodies will report the result of the post-concentration evaluation to the Board.
Amendment 845 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 6 b (new)
Article 21 – paragraph 6 b (new)
6b. In case of media concentrations, National Competition Authorities and National Regulatory Authorities shall cooperate particularly when assessing their impact on media pluralism and media freedom. National Regulatory Authorities shall provide a reasoned opinion to such consultation. For concentrations distorting competition, National Competition Authorities shall impose proportionate remedies, such as structural remedies.
Amendment 846 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 6 c (new)
Article 21 – paragraph 6 c (new)
6c. The assessments and opinions referred to in this Article shall be made publicly available.
Amendment 847 #
2022/0277(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
22 Opinions on media marketAssessments of concentrations by the Board
Amendment 849 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Article 12 – paragraph 1 – point m b (new)
(mb) establish and maintain the European Database for Media Ownership collecting informations provided by national regulatory authorities and bodies, in accordance with Article 6 of this Regulation
Amendment 852 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation and, if applicable, remedies pursuant to Article 21, the Board, upon request of the Commission, shall draw up an opinionassessment on the impact of a media market concentration affecting the media market on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinionassessment on the elements set out in Article 21(2). The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the European Parliament and the Commission.
Amendment 853 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m c (new)
Article 12 – paragraph 1 – point m c (new)
(mc) establish and maintain the European Database on State Advertising collecting informations provided by national regulatory authorities and bodies, in accordance with Article 24 of this Regulation
Amendment 854 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m d (new)
Article 12 – paragraph 1 – point m d (new)
(md) organise a structured dialogue with representatives of media service providers, civil society, academia and other relevant stakeholders to cooperate and exchange information, experience and best practices on the implementation of this Regulation and Directive 2010/13/EU. The results of these consultations shall be reflected in the preparation of its work programme and main deliverables,and shall be publicly available.
Amendment 855 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The Board shall take utmost account of input from civil society and industry groups when deciding whether to draw up an assessment on a concentration which would objectively impact the media market despite neither party being a media market service provider.
Amendment 856 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m e (new)
Article 12 – paragraph 1 – point m e (new)
Amendment 856 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1b. When conducting its assessments, the Board shall take into account the assessments conducted by Member States pursuant to Article 21 of this Regulation, the findings of the Commission’s Annual Rule of Law report and its country- specific reports, as well as of those instruments such as the Media Pluralism Monitor, and it shall consult with the relevant stakeholders. The Board shall also take into account any other information that it may deem relevant for its assessment.
Amendment 857 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m f (new)
Article 12 – paragraph 1 – point m f (new)
(mf) develop criteria, in consultation with media stakeholders, for the distribution of public funds through state financial support in accordance with article 24 of this Regulation, that ensure they are insulated from political interference.
Amendment 857 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1c. The Board shall prepare a report with the findings of its assessments, the methodology used and the follow-up recommendations.
Amendment 858 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m g (new)
Article 12 – paragraph 1 – point m g (new)
(mg) examine the problem of interdependency between media service providers and the state created by financial flows from the state to media owners via state contracts through companies belonging to the same business group as the MSP, operating in other industries. The Board should draw up guidelines on how to prevent any conflict of interest arising from and its potential impact on editorial policy.
Amendment 858 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 d (new)
Article 22 – paragraph 1 d (new)
1d. The National Regulatory Authority who is addressed by the assessment shall report to the Board within 90 days concerning the measures it has taken to comply with the recommendations.
Amendment 859 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 e (new)
Article 22 – paragraph 1 e (new)
1e. The Board adopts a subsequent assessment concerning the National Regulatory Authority’s report and informs the Commission of the report and its opinion.
Amendment 860 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Following the opinionassessment of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter.
Amendment 861 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. OpinionAssessments by the Board and, where applicable, the opinions by the Commission shall be made publicly available.
Amendment 862 #
2022/0277(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 863 #
2022/0277(COD)
Proposal for a regulation
Article 22 b (new)
Article 22 b (new)
Amendment 864 #
2022/0277(COD)
Proposal for a regulation
Article 22 c (new)
Article 22 c (new)
Article22c Delegated acts 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 22a and 22b shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = 6 months after the date of entry into force of this Regulation]. 3. The power to adopt delegated acts referred to in Articles 22a and 22b may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 22a and 22b shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month 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 one month at the initiative of the European Parliament or of the Council.
Amendment 865 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability.
Amendment 866 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where a national regulatory authority or body considers that there is a serious and grave risk of prejudice to the functioning of the internal market for media services or a serious and grave risk of prejudice to rule of law and/or public security and defence, it may request other national regulatory authorities or bodies to provide accelerated cooperation or mutual assistance, while ensuring compliance with fundamental rights, in particular freedom of expression.
Amendment 870 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Requests for cooperation, or mutual assistance, including accelerated cooperation or mutual assistance, shall contain all the necessary information related to the request, including the purpose of and reasons for it., as specified in the Board´s Rules of Procedure
Amendment 872 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ business secretstrade secrets within the meaning of Article 2(1) of Directive (EU) 2016/943, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 873 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by pProviders of audience measurement systems, together with media service providers, their representative organisations, civil society and any other interested parties, shall draw up codes of conduct, with the support of national regulatory authorities or bodies that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. These codes of conduct should provide for regular, transparent and independent monitoring and evaluation of the achievement of these objectives. The codes of conduct should provide effective implementation including through proportionate sanctions where appropriate. In the drawing up of codes of conduct, special consideration should be given to small media to ensure proper measurements of their audiences.
Amendment 881 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement systems and media service providers, civil society organisations and other interested parties.
Amendment 882 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The requested authority shall do its utmost to address and reply to the request without undue delay. The requested authority shall provide intermediary results within the period of 14 calendar days from the receipt of the request, with subsequent regular updates on the progress of execuFurther details on the procedure of the structured cooperation, including the rights and obligations of the request. In case of requests for accelerated cooperation or mutual assistance, the requested authority shall address and reply to the request within 14 calendar daysparties as well as the deadlines to be respected, shall be defined in the Board’s rules of procedure.
Amendment 885 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation).
Amendment 887 #
2022/0277(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
24 Allocation of state advertisingTransparency regarding state advertising and other state financial support
Amendment 888 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar daysa time period to be defined in the Board´s Rules of procedure from the receipt of that referral, the Board shall issue, in agreement with the Commission, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
Amendment 893 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granallocated by public authorities to media service providers for the purposes of advertisingand providers of online platforms shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 894 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The requested national authority or body shall, without undue delay and within 30 calendar daysa maximum time period to be defined in the Board´s rules of procedure , inform the requesting national authority or body about the actions taken or planned pursuant to paragraph 1, or justify the reasons for which action was not taken.
Amendment 895 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Prior to allocating state advertising and other state financial support resources to media service providers and providers of online platforms, public authorities shall ensure that the specific criteria employed to determine the allocation of state financial support according to paragraph 1 are made available to the public through electronic and user-friendly means. The national regulatory authorities' will consult national media stakeholders on the development of the criteria and methodology and hold consultations with the stakeholders on the results.
Amendment 899 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, includingat Union, national, federal or, regional governmentsor local level, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or, regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly availablelevel, shall make publicly available through electronic and user-friendly means accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditureand other financial support allocated to media service providers and providers of online platforms, which shall include at least the following details:
Amendment 900 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In the event of a disagreement between the requesting national authority or body and the requested authority or body regarding actions taken or planned, or a refusal to take action pursuant to paragraph 1, either authority or body may refer the matter to the Board for mediation in view of finding an amicable solution.
Amendment 903 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) the legal names of media service providers and providers of online platforms from which advertising services were purchased or whom they have financially supported;
Amendment 906 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreement with the Commission, without undue delay.
Amendment 906 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider.
Amendment 908 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(ba) the total amounts spent per media service provider and provider of online platforms.
Amendment 910 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. In the two months preceding an election, no public funds or any other consideration or advantage shall be allocated by public authorities to media service providers and providers of online platforms, unless it concerns information relating to the procedures of the election.
Amendment 911 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The requested national authority or body shall, without undue delay and within 30 calendar days at the latesta maximum period to be defined in the Board´s rules of procedure from the receipt of the opinion referred to in paragraph 4, inform the Board, the Commission and the requesting authority or body of the actions taken or planned in relation to the opinion.
Amendment 914 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the allocation of state advertising in media marketfinancial support to media service providers and providers of online platforms. In order to assess the accuracy of the information on state advertising and other financial support made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1.
Amendment 919 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online databases of state advertising and other financial support , containing disaggregated data defined in paragraph 2
Amendment 921 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. Public authorities allocating state advertising and other financial support shall submit the information defined in paragraph 2, to the national databases established according to paragraph 3.
Amendment 922 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 c (new)
Article 24 – paragraph 3 c (new)
3c. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of State advertising and other financial support on a quarterly basis.
Amendment 923 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 d (new)
Article 24 – paragraph 3 d (new)
Amendment 924 #
2022/0277(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU6 of this Regulation.
Amendment 924 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The allocation of state resources to media service providers and providers of online platforms for the purpose of purchasing goods or services from them other than state advertising shall be subject to the requirements set out in paragraph 1this Article. This Article shall not affect the application of the State aid rules.
Amendment 928 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. The Commission shall in its monitoring exercise take account of the Board’s reports, assessments and recommendations, input from civil society, the results from the Media Pluralism Monitor and the findings from Rule of Law Reports.
Amendment 929 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. The monitoring exercise shall include, in particular:
Amendment 931 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(a) a detailed analysis of the resilience of media markets of allin Member States, including as regards the level of media concentration and risks of foreign information manipulation and interference;
Amendment 932 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
(b) an overview and forward-looking assessment of the resilience of the internal market for media services as a whole, including as regards the degree of concentration of the market;
Amendment 933 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Article 25 – paragraph 3 – point c a (new)
(ca) an overview of the allocation of state advertising and state financial support to media service providers and providers of online platforms.
Amendment 934 #
2022/0277(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Coordination of measures concerning media service providers establishedoriginating from outside the Union
Amendment 937 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c b (new)
Article 25 – paragraph 3 – point c b (new)
(cb) an assessment of the rules and practices in the allocation of public subsidies to media services.
Amendment 939 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c c (new)
Article 25 – paragraph 3 – point c c (new)
(cc) a detailed analysis around media pluralism and editorial independence at the European, national, regional and local levels.
Amendment 940 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c d (new)
Article 25 – paragraph 3 – point c d (new)
(cd) a detailed analysis of the independence of National Authorities or bodies.
Amendment 941 #
2022/0277(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. By [fourtwo years after the entry into force of this Regulation] at the latest, and every fourtwo years thereafter, the Commission shall evaluate the implementation of this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee about the findings and follow-up measures.
Amendment 943 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Board shall coordinate measures by national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers establishedoriginating from outside the Union that target, irrespective of the means of distribution or access, target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defence.
Amendment 944 #
2022/0277(COD)
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. In carrying out the evaluations referred to in paragraph 1, the Commission shall evaluate, in particular, the effective implementation of and compliance with the obligations laid down in this Regulation.
Amendment 945 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Regarding media services provided by media service providers originating from outside of the Union, at the request of a minimum number of Board members to be defined in the Board’s Rules of procedure, the Board may issue an opinion on the coordination of measures.
Amendment 947 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
Amendment 953 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board issued according to paragraph 1a and 1b. The competent authority or body shall provide reasons for any refusal to undertake the recommended actions.
Amendment 959 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. When taking a decision regarding the jurisdiction (inter alia through licensing or registration) over an audiovisual media service provider originating from outside of the Union, the competent regulatory authority or body shall, without prejudice to the national legislation, do its utmost to take into account a set of basic principle-based criteria concerning the service and the service provider to be developed by the Board.
Amendment 962 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2 b (new)
Article 16 – paragraph 2 b (new)
2b. Member States shall ensure that, when relevant, national regulatory authorities or bodies, when deciding to take action against a media service provider originating from outside of the Union, have the legal basis to take into account: (i) a decision taken against that provider by a national regulatory authority or body from another Member State, and/or (ii) an opinion of the Board relating to that provider and taken on the grounds of this article
Amendment 973 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare that:ensure that their content moderation processes have adequate and sufficient personnel, linguistic range and cultural sensitivity and context-specific training, to ensure that freedom and pluralism of the media is not undermined.
Amendment 977 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 983 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 986 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 1015 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation toremove content, particularly content provided posted by a media service provider that submitted a declaration pursuant to paragraph 1 of this Articleor linking to content under its editorial control, on the grounds that such content is incompatible with its terms and conditions, without that content otherwise contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX 2065 [Digital Services Act], it shall take all possireasonable measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX 2065 [Digital Services Act], to communicate to the media service provider concernedentity that posted the content the statement of reasons accompanying that decision, as required by Article 4 (17) of Regulation (EU) 2019/1150,22 /2065 [Digital Services Act], if possible prior to the suspension taking effect.
Amendment 1025 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 1186 of Regulation (EU) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and22 2065 [Digital Services Act] by representative bodies including those representing media service providers are decided upon without undue delay.
Amendment 1032 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider oftrends identified under Article 18 suggest that a very large online platform frequently restricts or suspends the provision of its services in relation to content providosted by thone or more media service provider(s) without sufficient grounds and in a manner that undermines media freedom and pluralism, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider(s), upon itstheir request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board.
Amendment 1037 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The media service provider shall immediately notify the outcome of any meaningful and effective dialogue to the Board. To this end, the Board shall maintain a transparent, complete, up-to- date, public register documenting all procedures of this nature, including the name of the concerned media service providers and very large online platforms, as well as the number of meetings, meeting documents, and the outcomes of such dialogues.
Amendment 1039 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4 b (new)
Article 17 – paragraph 4 b (new)
4b. Pursuant to the objectives laid out in paragraph 5, the Board shall be able to request additional documentation when it finds that the information provided by very large online platforms in the context of meaningful and effective dialogues is not sufficient or adequate.
Amendment 1043 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 1060 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 1069 #
Amendment 1072 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Board shall regularly organise a structured dialogueForum between providers of very large online platforms, representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of Article 17 of this Regulation, to foster access to diverse offers of independent media on very large online platforms and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interferencein particular, to identify numbers and trends related to the subject matter, volume, and affected parties.
Amendment 1080 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogueForum to the Commission.
Amendment 1081 #
2022/0277(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
Right of customisation of audiovisual media offer
Amendment 1084 #
2022/0277(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Users shall have a right to easily change the default settings of any device or user interface controlling or managing access to and use of audiovisual media services, including through the use of third party recommender systems, as defined in article 3 of Regulation 2022/2065, in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
Amendment 1100 #
2022/0277(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 1103 #
2022/0277(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
National measures affecting the provision and operation of media service providers
Amendment 1113 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect thenegatively affect the provision or operation of media service providers or media pluralism in the internal market, shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory.
Amendment 1125 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commissioneither on its own initiative or upon request of the Commission or the media service provider affected by the measure, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 1135 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concerned. the timeline set out, and the views of other authorities concerned. The Board shall provide recommendations addressed to the national authority or body adopting the measure with the aim to ensure that such measure is not having a significant impact on media pluralism. The national authority or body shall make every effort to comply with the recommendations from the Board. In particular, it shall inform the Board how it intends to comply with them and the timeline foreseen. In the event that a national authority or body does not comply or does not intend to comply, it shall inform the Board, stating its reasons. National authorities or bodies shall always publish and reason their decisions including rejection of complaints submitted to them. The recommendations from the Board and the follow-up from the national authority or body shall also be made publicly available.
Amendment 1144 #
2022/0277(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
21 Assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence
Amendment 1146 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall provide, in their national legal systems, substantive and procedural rules which ensure anthe conducting of ex-ante and ex-post quality assessments of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence. These rules shall:
Amendment 1150 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) require the parties to a media market concentration affecting the media market that could have a significant impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;
Amendment 1159 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d
Article 21 – paragraph 1 – subparagraph 1 – point d
(d) set out in advance objective, non- discriminatory and proportionate criteria for notifying media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence and for assessing the impact of media marketsuch concentrations on media pluralism and editorial independence.
Amendment 1162 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
(da) incorporate the guidelines and recommendations issued by the Board to conduct assessments regarding concentrations affecting the media market and to establish a follow-up system.
Amendment 1168 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non-media businesses;
Amendment 1169 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a a (new)
Article 21 – paragraph 2 – point a a (new)
(aa) the results of the risk assessment made by the annual Commission Rule of Law Report and its country-specific reports, as well as instruments such as the Media Pluralism Monitor to identify, analyse and assess any systemic risks to media freedom and media pluralism in the particular Member State;
Amendment 1172 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, as well as national legislation and self-regulatory norms in this regard;
Amendment 1183 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission, assisted by the Board, mayshall issue guidelines on the factors to be taken into account when applying the criteria for assessing the impact of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence by the national regulatory authorities or bodies in accordance with this article, as well as which criteria should take precedence or prevail in case of conflicts. It may request assistance from the Commission when fulfilling this function.
Amendment 1190 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The national regulatory authority or body shall consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such concentrations may affect the functioning of the internal market.a notifiable concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence
Amendment 1198 #
2022/0277(COD)
6a. The respective national regulatory authorities or bodies, at their own initiative or requested by the Board, shall conduct an ex-post evaluation of concentrations significantly affecting the media market that could have a significant impact on media pluralism and editorial independence in order to assess the consequences of the NRAs’ decision and whether the effects of the merger should be reduced or eliminated ex post. During such an assessment national regulatory authorities or bodies shall gather information on the media landscape, assess the conditions under which the concentrations have been carried out, verify the extent to which such concentrations present dangers to the media pluralism and editorial independence, and issue proposals how to remedy such dangers. National independent authorities or bodies will report the result of the post-concentration evaluation to the Board.
Amendment 1200 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 6 b (new)
Article 21 – paragraph 6 b (new)
6b. In case of media concentrations, National Competition Authorities and National Regulatory Authorities shall cooperate particularly when assessing their impact on media pluralism and media freedom. National Regulatory Authorities shall provide a reasoned opinion to such consultation. For concentrations distorting competition, National Competition Authorities shall impose proportionate remedies, such as structural remedies.
Amendment 1201 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 6 c (new)
Article 21 – paragraph 6 c (new)
6c. The assessments and opinions referred to in this Article shall be made publicly available.
Amendment 1202 #
2022/0277(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
22 Opinions on media marketAssessments of concentrations by the Board
Amendment 1206 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation and, if applicable, remedies pursuant to Article 21, the Board, upon request of the Commission, shall draw up an opinionassessment on the impact of a media market concentration affecting the media market on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinionassessment on the elements set out in Article 21(2). The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the European Parliament and to the Commission.
Amendment 1212 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The Board shall take utmost account of input from civil society and industry groups when deciding whether to draw up an assessment on a concentration which would objectively impact the media market despite neither party being a media market service provider.
Amendment 1214 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1b. When conducting its assessments, the Board shall take into account the assessments conducted by Member States pursuant to Article 21 of this Regulation, the findings of the Commission’s Annual Rule of Law report and its country- specific reports, as well as of those instruments such as the Media Pluralism Monitor, and it shall consult with the relevant stakeholders. The Board shall also take into account any other information that it may deem relevant for its assessment.
Amendment 1215 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1c. The Board shall prepare a report with the findings of its assessments, the methodology used and the follow-up recommendations.
Amendment 1216 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 d (new)
Article 22 – paragraph 1 d (new)
1d. The National Regulatory Authority who is addressed by the opinion assessment shall report to the Board within 90 days concerning the measures it has taken to comply with the recommendations
Amendment 1217 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 e (new)
Article 22 – paragraph 1 e (new)
1e. The Board adopts a subsequent assessment concerning the National Regulatory Authority’s report and informs the Commission of the report and its opinion.
Amendment 1219 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Following the opinionassessment of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter.
Amendment 1222 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. OpinionAssessments by the Board and, where applicable, the opinions by the Commission shall be made publicly available.
Amendment 1224 #
2022/0277(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 1225 #
2022/0277(COD)
Proposal for a regulation
Article 22 b (new)
Article 22 b (new)
Amendment 1226 #
2022/0277(COD)
Proposal for a regulation
Article 22 c (new)
Article 22 c (new)
Article22c Delegated acts 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 22a and 22b shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = 6 months after the date of entry into force of this Regulation]. 3. The power to adopt delegated acts referred to in Articles 22a and 22b may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 22a and 22b shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month 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 one month at the initiative of the European Parliament or of the Council.
Amendment 1228 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability.
Amendment 1240 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ business secretstrade secrets within the meaning of Article 2(1) of Directive (EU) 2016/943, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 1244 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by pProviders of audience measurement systems, together with media service providers, their representative organisations, civil society and any other interested parties, shall draw up codes of conduct, with the support of national regulatory authorities or bodies that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. These codes of conduct should provide for regular, transparent and independent monitoring and evaluation of the achievement of these objectives. The codes of conduct should provide effective implementation including through proportionate sanctions where appropriate. In the drawing up of codes of conduct, special consideration should be given to small media to ensure proper measurements of their audiences.
Amendment 1257 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement systems and media service providers , civil society organisations and other interested parties.
Amendment 1260 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation).
Amendment 1261 #
2022/0277(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Amendment 1267 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granallocated by public authorities to media service providers for the purposes of advertisingand providers of online platforms shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 1269 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Prior to allocating state advertising and other state financial support to media service providers and providers of online platforms, public authorities shall ensure that the specific criteria employed to determine the allocation of state financial support according to paragraph 1 are made available to the public through electronic and user-friendly means.The national regulatory authorities will consult national media stakeholders on the development of the criteria and methodology and hold consultations with the stakeholders on the results.
Amendment 1276 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, includingat Union, national, federal or, regional or local level governments, regulatory authorities or bodies, as well as state- owned enterprises or other state- controlled entities at the national or, regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly availablelevel, shall make publicly available through electronic and user-friendly means accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditureand other financial support allocated to media service providers and providers of online platforms, which shall include at least the following details:
Amendment 1284 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) the legal names of media service providers and providers of online platforms from which advertising services were purchased ;or whom they have financially supported;
Amendment 1289 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider.;
Amendment 1291 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(ba) the amounts spent per media service provider and provider of online platforms;
Amendment 1294 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. In the two months preceding an election, no public funds or any other consideration or advantage shall be allocated by public authorities to media service providers and providers of online platforms unless it concerns information relating to the procedures of the election.
Amendment 1298 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the allocation of state advertising in media marketfinancial support to media service providers and providers of online platforms. In order to assess the accuracy of the information on state advertising and other financial support made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1.
Amendment 1305 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online databases of state advertising and other financial support , containing disaggregated data defined in paragraph 2
Amendment 1308 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. Public authorities allocating state advertising and other financial support shall submit the information defined in paragraph 2, to the national databases established according to paragraph 3
Amendment 1309 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 c (new)
Article 24 – paragraph 3 c (new)
3c. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of State advertising and other financial support on a quarterly basis.
Amendment 1310 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 d (new)
Article 24 – paragraph 3 d (new)
3d. Member states shall publish, on an annual basis, details of all contracts with state bodies, to business groupings and their beneficial owners, which own media. This report should be published alongside the yearly National Regulatory Authorities reports on state advertising and other financial support.
Amendment 1312 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The allocation of state resources to media service providers and providers of online platforms for the purpose of purchasing goods or services from them other than state advertising shall be subject to the requirements set out in paragraph 1this Article. This Article shall not affect the application of the State aid rules.
Amendment 1318 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. The Commission shall in its monitoring exercise take account of the Board’s reports, assessments and recommendations, input from civil society, the results from the Media Pluralism Monitor and the findings from Rule of Law Reports.
Amendment 1319 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. The monitoring exercise shall include, in particular:
Amendment 1325 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(a) a detailed analysis of the resilience of media markets of allin Member States, including as regards the level of media concentration and risks of foreign information manipulation and interference;
Amendment 1326 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
(b) an overview and forward-looking assessment of the resilience of the internal market for media services as a whole, including as regards the degree of concentration of the market;
Amendment 1331 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Article 25 – paragraph 3 – point c a (new)
(ca) an overview of the allocation of state advertising and state financial support to media service providers and providers of online platforms
Amendment 1336 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c b (new)
Article 25 – paragraph 3 – point c b (new)
(cb) an assessment of the rules and practices in the allocation of public subsidies to media services.
Amendment 1339 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c c (new)
Article 25 – paragraph 3 – point c c (new)
(cc) a detailed analysis around media pluralism and editorial independence at the European, national, regional and local levels
Amendment 1342 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c d (new)
Article 25 – paragraph 3 – point c d (new)
(cd) a detailed analysis of the independence of National Authorities or bodies.
Amendment 1347 #
2022/0277(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. By [fourtwo years after the entry into force of this Regulation] at the latest, and every two four years thereafter, the Commission shall evaluate the implementation of this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee about the findings and follow-up measures.
Amendment 1352 #
2022/0277(COD)
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. In carrying out the evaluations referred to in paragraph 1, the Commission shall evaluate, in particular, the effective implementation of and compliance with the obligations laid down in this Regulation.
Amendment 106 #
2022/0162(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) Only commitments selected and implemented respecting the Charter of Fundamental Rights of the European Union (the ‘Charter’) should be eligible for funding. The measures to be adopted in the event of the non-respect of the ‘Charter’ should include the suspension of payments and of commitments, the suspension of the disbursement of instalments or the early repayment of loans, a reduction of funding under existing commitments, and a prohibition on entering into new commitments with recipients or to enter into new agreements on loans or other instruments guaranteed by the Union budget. Furthermore, a specific complaints mechanism related to the respect of ‘Charter’ in the implementation of the budget should be set up without prejudice to the general possibility of citizens and stakeholders to address complaints to the Commission, including with regard to infringements of the ‘Charter’ to assist the Commission in monitoring the respect of the ‘Charter’. That assessment should be objective, impartial and fair, and should take into account relevant information from available sources and recognised institutions, as relevant, and conclusions and recommendations of relevant international organisations and networks, including and the Venice Commission, The Commission could consult the European Union Agency for Fundamental Rights and the Venice Commission if necessary for the purpose monitoring the respect of the ‘Charter’.
Amendment 109 #
2022/0162(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) In light of the agreement of horizontal mainstreaming goal of gender equality as well as specific spending targets on climate for monitoring climate- spending (mitigation and adaptation) and its performance and expenditure contributing to halting and reversing the decline of biodiversity the Commission should establish a set of scientifically sound indicators to underpin its effective methodology that allow for reliable and transparent measurement of ex-ante, result and impact of the EU budget with a clear definition and differentiation. It should do so for any other mainstreaming or spending targets as agreed.
Amendment 110 #
2022/0162(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Considering the importance of addressing climate and environmental challenges and in order to ensure that budget implementation contributes to the achievement of the European Green Deal30 as well the Unions’ climate and energy targets and to the achievement of climate neutrality by 2050 latest, the concept of performance as regards the budget should be extended to include the implementation of programmes and activities in a sustainable way, which would not hinder the achievement of the environmental objectives of climate change mitigation, climate change adaptation, the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control and the protection and restoration of biodiversity and ecosystems. _________________ 30 The European Green deal, Communication from the Commission to the European Parliament, the European Council, the Council the European Economic and Social Committee and the Committee of the Regions, COM/2019/640 final.
Amendment 111 #
2022/0162(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) Gender mainstreaming should be better reflected in the drafting and implementation of the budget and underpinned by systematic and comprehensive gender disaggregated data. As a start the gender of all natural persons as well as beneficial owners of companies receiving funding from the EU budget should be available to retrieve information on beneficiaries in a gender- disaggregated manner from the reporting tools. The impact on gender equality and needs to be complemented further comprehensive collection of data regarding the impact of the budget.
Amendment 114 #
2022/0162(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Without prejudice to the rules on the protection of personal data, the utmost transparency regarding information on recipients should be sought. The information on recipients of Union funds should be published on a dedicated website of Union institutions, such as the Financial Transparency System. Publication requirements should cover all methods of budget implementation, including by other Union institutions and bodies. To that end, Member States, persons and entities implementing the budget and other Union institutions and bodies should transmit to the Commission, at least on a yearly basis, information on their recipients of Union funding. That information should include at least the name , a unique identifier and the locality of the recipient, the gender of the recipient, if the recipient is a natural person, the amount committed and the purpose of the measure. That information should take into account relevant criteria such as the periodicity, the type and the importance of the measure.
Amendment 120 #
2022/0162(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In view of the increased volume of borrowing and lending operations carried out by the Commission on behalf of the Union to finance the recovery from the COVID-19 pandemic, transparency regarding those operations should be further enhanced. To address the increased complexity of those operations and in order to ensure better visibility of their content, a comprehensive overview of borrowing and lending operations carried out by the Commission including as a minimum, detailed information on maturities, outstanding debt, interest due, the borrowing plan including revenue sources for repayment, a liquidity forecast and certified by the Chief Risk Officer should be added to the document annexed to the section of the budget relating to the Commission.
Amendment 127 #
2022/0162(COD)
Proposal for a regulation
Recital 246
Recital 246
(246) The Union should be able to participate in global initiatives, when such participation contributes to the achievement of Union policy objectives, in particular for commitments under the umbrella of the United Nations. In order to provide a suitable legal framework for Union participation in global initiatives, Union contribution to such initiatives should be included as a new budget implementation instrument. The use of this new financial vehicle would be subject to conditions and limited to cases where other instruments provided in the Financial Regulation do not enable the achievement of the respective EU policy objectives with the same scale and impact.
Amendment 144 #
2022/0162(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Respect for budgetary principles and general regime of conditionality for the protection of the Union budget and respect of fundamental rights
Amendment 145 #
2022/0162(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The Commission and the Member States shall ensure respect for fundamental rights including non- discrimination, and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the EU budget. Only actions selected and implemented while respecting the Charter shall be eligible for funding. The Commission shall establish the ineligibilty of expenditure and shall proceed the adaption of appropriate measures. The Commission shall be responsible for monitoring compliance with the Charter and shall ensure the effective and efficient examination of complaints. This is without prejudice to the general possibility of citizens and stakeholders to address complaints to the Commission, including with regard to infringements of the Charter.
Amendment 152 #
2022/0162(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 159 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
(a) objectives for programmes and activities including horizontal mainstreaming and spending targets shall be established ex ante;
Amendment 160 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) progress in the achievement of objectives including horizontal spending and mainstreaming targets shall be monitored with performance indicators;
Amendment 161 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point c
Article 33 – paragraph 2 – point c
(c) progress in, and problems with, the achievement of objectives including horizontal objectives and spending targets shall be reported to the European Parliament and to the Council in accordance with Article 41(3), first subparagraph, point (h), and with Article 253(1), point (e);
Amendment 166 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point d
Article 33 – paragraph 2 – point d
(d) programmes and activities shouldall be implemented to achieve their set objectives without doing significant harm to the environmental objectives of climate change mitigation, climate change adaptation, the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control and the protection and restoration of biodiversity and ecosystems, as set out in Article 9 of Regulation (EU) 2020/852 of the European Parliament and of the Council51 . _________________ 51 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (Text with EEA relevance), OJ L 198, 22.6.2020, p. 13.
Amendment 168 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Specific, measurable, attainable, relevant and time-bound objectives as referred to in paragraphs 1 and 2 and relevant, accepted, science-based, credible, easy and robust indicators as well as the basis of an effective, transparent and comprehensive methodology to estimate ex-ante and to measure results and impact shall be defined where relevant.
Amendment 169 #
2022/0162(COD)
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 2
Article 34 – paragraph 2 – subparagraph 2
For major programmes or activities that are expected to have significant economic, environmental or social impacts, the ex ante evaluation mayshall take the form of an impact assessment that, in addition to meeting the requirements set out in the first subparagraph, analyses the various options concerning the methods of implementation.
Amendment 170 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point d
Article 36 – paragraph 2 – point d
(d) prevention, detection, correction and follow-up of fraud , corruption, conflicts of interest, double funding and, other irregularities and criminal activities, including through the electronic recording and storage of data on the recipients of Union funds including their beneficial owners, as defined in Article 3, point (6), of Directive (EU) 2015/849 , and through the use of a single integrated IT system for data-mining and risk-scoring provided by the Commission to access and analyse those data ;
Amendment 171 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point b a (new)
Article 36 – paragraph 3 – point b a (new)
(b a) procedures for detecting and preventing of conflicts of interests;
Amendment 172 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – introductory part
Article 36 – paragraph 6 – introductory part
6. For the purposes of point (d) of paragraph 2, the following data shall be recorded and stored electronically in an open, interoperable and machine-readable format and regularly made available in real time in the single integrated IT system for data-mining and risk-scoring provided by the Commission:
Amendment 173 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – point a
Article 36 – paragraph 6 – point a
(a) the recipient’s full legal name in the case of legal persons, the first and last name in the case of natural persons, their VAT identification number or tax identification number where available or another unique identifier at country level and the amount of funding. If a natural person, also the date of birth and gender;
Amendment 178 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – point b
Article 36 – paragraph 6 – point b
(b) the first name(s), last name(s), date of birth, gender and VAT identification number(s) or tax identification number(s) where available or another unique identifier at country level of beneficial owner(s) of the recipients, where the recipients are not natural persons.
Amendment 179 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – point b a (new)
Article 36 – paragraph 6 – point b a (new)
(b a) Where no beneficial owner is identified, the single integrated IT system shall include: (i) a statement accompanied by a justification, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified; (ii) the details of the natural person(s) who hold the position of senior managing official(s) in the corporate or legal entity.
Amendment 182 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 7 – subparagraph 2
Article 36 – paragraph 7 – subparagraph 2
The use of and access to the data processed by the single integrated IT system for data- mining and risk-scoring shall comply with applicable data protection rules and shall be limited to the Commission or an executive agency as referred to in Article 69, the Member States implementing the budget pursuant to Article 62(1), first subparagraph, point (b), the Member States that receive and implement Union funds pursuant to budget implementation under Article 62(1), first subparagraph, point (a), the persons or entities implementing the budget pursuant to Article 62(1), first subparagraph, point (c), OLAF, the Court of Auditors, EPPO and other Union investigative and control bodies, within the exercise of their respective competences. Access to the tool shall also be granted on a case-by-case basis to those who can demonstrate a legitimate interest such as being a civil society organisation or journalist working in fields such as anti- corruption, the use of public funds or similar public interests.
Amendment 188 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 10 a (new)
Article 36 – paragraph 10 a (new)
10 a. The Commission shall report annually, no later than 30 September, to the European Parliament and to the Council on the aggregated information and figures on the recipients of funds, contractors, sub-contractors and the beneficial owners, across different Union- funded projects and programmes implemented in the preceding financial year. This information shall also be made publicly available.
Amendment 193 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 2 – introductory part
Article 38 – paragraph 2 – introductory part
2. Save in the cases referred to in paragraph 3 , the following information shall be published in an open, interoperable and machine-readable format, which allows data to be sorted, searched, extracted, compared and reused available for reuse via suitable APIs and, where relevant, as a bulk download, having due regard for the requirements of confidentiality and security, in particular the protection of personal data:
Amendment 194 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 2 – point a
Article 38 – paragraph 2 – point a
(a) whether the final recipient is a natural or a legal person;
Amendment 195 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) the final recipient’s full legal name in the case of a legal person and their VAT identification number or tax identification number where available or another unique identifier established at country level, the first and last name of the recipient in the case of a natural person as well as their gender;
Amendment 197 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 2 – point e a (new)
Article 38 – paragraph 2 – point e a (new)
(e a) In case the recipient is a legal person, the full name, and address of the final beneficial owner.
Amendment 199 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – point c
Article 38 – paragraph 3 – subparagraph 1 – point c
(c) financial support provided through financial instruments or budgetary guarantees for an amount lower than EUR 2500 000 aggregate;
Amendment 202 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – point d
Article 38 – paragraph 3 – subparagraph 1 – point d
(d) where disclosure risks threatening the rights and freedoms of the persons or entities concerned as protected by the Charter of Fundamental Rights of the European Union or harming the commercial interests of the recipients;
Amendment 212 #
2022/0162(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point d – point iii – indent 3
Article 52 – paragraph 1 – point d – point iii – indent 3
— a comprehensive overview of borrowing and lending operations including at least detailed information on maturities, outstanding debt, interest due, the borrowing plan including revenue sources, a liquidity forecast and certified by the Chief Risk Officer ;
Amendment 214 #
2022/0162(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. Where there is a risk of a conflict of interests involving a member of staff of a national authority, the person in question or anyone aware of the risk shall refer the matter to his or her hierarchical superior and competent authority at national level. In case risks of conflicts of interests are based on economic reasons or political affinity, such a case shall also be referred to a competent authority at EU level. Where such a risk exists for an office holder at both national or EU level, the person in question or anyone aware of the risk shall refer the matter to the relevant EU authority. Where such a risk exists for staff covered by the Staff Regulations, the person in question shall refer the matter to the relevant authorising officer by delegation. The relevant hierarchical superior or the authorising officer by delegation shall confirm in writing whether a conflict of interests is found to exist. Where a conflict of interests is found to exist, the appointing authority or the relevant national or EU authority shall ensure that the person in question ceasesd all activity in the matter. The relevant authorising officer by delegation or the relevant national authority shall ensure that any further appropriate action is taken in accordance with the applicable law , including, in the cases involving a member of staff of a national authority, with the national law relating to conflict of interests . .
Amendment 223 #
2022/0162(COD)
Proposal for a regulation
Article 119 – paragraph 9
Article 119 – paragraph 9
9. The reports and findings of the internal auditor, as well as the report of the Union institution concerned, shall be accessible to the public only after validation by the internal auditor of the action taken for their implementationce the internal auditor has issued the final report.
Amendment 230 #
2022/0162(COD)
Proposal for a regulation
Article 133 – paragraph 2 – introductory part
Article 133 – paragraph 2 – introductory part
2. Where, after the award, the award procedure proves to have been subject to irregularities or fraud, the authorising officer responsible mayshall immediately take one of the following actions and report back to OLAF:
Amendment 231 #
2022/0162(COD)
Proposal for a regulation
Article 133 – paragraph 3 – subparagraph 1 – introductory part
Article 133 – paragraph 3 – subparagraph 1 – introductory part
The authorising officer responsible mayshall suspend payments or delivery or the implementation of the legal commitment where:
Amendment 235 #
2022/0162(COD)
Proposal for a regulation
Article 138 – paragraph 2 – subparagraph 4 – point l
Article 138 – paragraph 2 – subparagraph 4 – point l
(l) beneficial owners and affiliated entities of the person or entity referred to in point (k) and (j).
Amendment 237 #
2022/0162(COD)
Proposal for a regulation
Article 139 – paragraph 1 – point e – point iii
Article 139 – paragraph 1 – point e – point iii
(iii) been discovered by the Commission, an authorising officer, OLAF or the Court of Auditors or any other Union Institution or Body following checks, audits or investigations;
Amendment 243 #
2022/0162(COD)
Proposal for a regulation
Article 142 – paragraph 1 – subparagraph 1 – point b – point i
Article 142 – paragraph 1 – subparagraph 1 – point b – point i
(i) five years for the cases referred to in Article 139(1), points (c), (d) and (i) ;
Amendment 244 #
2022/0162(COD)
Proposal for a regulation
Article 142 – paragraph 2 – subparagraph 4
Article 142 – paragraph 2 – subparagraph 4
Where the conduct of a person or entity referred to in Article 138(2) of this Regulation concerned qualifies under several of the grounds listed in Article 139(1) of this Regulation, the limitation period applicable to the most serious of those groundsa permanent exclusion shall apply.
Amendment 245 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 1 – subparagraph 1 – introductory part
Article 143 – paragraph 1 – subparagraph 1 – introductory part
In order to, where necessary, reinforce the deterrent effect of the exclusion and/or financial penalty, the Commission shall, subject to a decision of the authorising officer responsible, publish on its website the following information related to the exclusion and, where applicable, the financial penalty in the cases referred to in points (c) to (h) of Article 139(1):
Amendment 247 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 1 – subparagraph 1 – point b
Article 143 – paragraph 1 – subparagraph 1 – point b
(b) the exclusion situation including the ground for an exclusion ;
Amendment 248 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 1 – subparagraph 3
Article 143 – paragraph 1 – subparagraph 3
The decision to publish the information shall be taken by the authorising officinformation refer responsible either followd to ing the relevant final judgment or, where applicable, final administrative decision, or following the recommendation of the panel referred to in Article 146, as the case may be. That decision shall take effectis paragraph shall be published three months after its notification to the person or entity concerned, as referred to in Article 138(2).
Amendment 249 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 2 – introductory part
Article 143 – paragraph 2 – introductory part
2. The exceptions to publishing information referred to in paragraph 1 of this Article shall not be published in any of the following circumstancesare the following:
Amendment 250 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 2 – point c
Article 143 – paragraph 2 – point c
Amendment 251 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 2 – subparagraph 1 (new)
Article 143 – paragraph 2 – subparagraph 1 (new)
The decision whether the exception from the paragraph above applies shall be taken by the authorising officer responsible either following the relevant final judgment or, where applicable, final administrative decision, or following the recommendation of the panel referred to in Article 146, as the case may be.
Amendment 254 #
2022/0162(COD)
Proposal for a regulation
Article 145 – paragraph 6 – subparagraph 2
Article 145 – paragraph 6 – subparagraph 2
The information referred to in the first subparagraph of this paragraph shall be provided with due regard to confidentiality requirements andbut shall, in particular, not allow for the identification of the person or entity concerned, as referred to in Article 138(2) unless they fall under one of the exceptions listed in Article 143(2).
Amendment 255 #
2022/0162(COD)
Proposal for a regulation
Article 149
Article 149
Amendment 256 #
2022/0162(COD)
Proposal for a regulation
Article 151 a (new)
Article 151 a (new)
Amendment 264 #
2022/0162(COD)
Proposal for a regulation
Article 159 – paragraph 6
Article 159 – paragraph 6
6. The requirements of paragraph 6 of Article 38 shall apply to persons or entities implementing Union funds pursuant to Article 62(1), first subparagraph, point c), where the financial support directly provided by persons or entities to third parties is of an amount higher than EUR 2500 000 aggregate.
Amendment 280 #
2022/0162(COD)
Proposal for a regulation
Article 240 – paragraph 1
Article 240 – paragraph 1
(1) To reply to the enhanced need to coordinate external actions with multiples partners to effevtively address global challenges with appropriate scale the Union may make contributions in the form of financing not linked to costs to multi- donor, pooled funded global initiatives when these support the achievement of Union policy objectives and where budget implementation instruments provided for in other Titles of this Regulation would not be sufficient to achieve such Union policy objectives.
Amendment 281 #
2022/0162(COD)
Proposal for a regulation
Article 240 – paragraph 2 – subparagraph 1 – point i
Article 240 – paragraph 2 – subparagraph 1 – point i
Amendment 283 #
2022/0162(COD)
Proposal for a regulation
Article 244 – paragraph 2 a (new)
Article 244 – paragraph 2 a (new)
2 a. In the case of supplies of non- perishable supplies and in keeping with the accounting rules and standards referred to in Article 80, Union institutions and bodies may not provide non-financial donations before the depreciable amount of a supply represents 20 % of the supply cost allocated when the supply was ready for use
Amendment 1 #
2022/0125(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b – point i
Article 1 – paragraph 1 – point 4 – point b – point i
Regulation (EU, Euratom) 2018/1046
Article 108 – paragraph 4 – subparagraph 1 a (new)
Article 108 – paragraph 4 – subparagraph 1 a (new)
Repayments under point (a) of the first subparagraph shall be made within 60 days of the cancellation or reduction of the fine, other penalty or sanction. On the expiry of that time limit, the creditor shall be entitled to interest in accordance with the conditions laid down in Article 116(5).
Amendment 64 #
2022/0084(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 69 #
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.
Amendment 71 #
2022/0084(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Originator control is an important principle in the EUCI management, therefore it needs to be clearly stipulated and developedtaken into account. In that regard, the creation of EUCI confers to the originator a responsibility which should cover the entirat the beginning of the life cycle of the relevant EUCI document.
Amendment 76 #
2022/0084(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation is without prejudice to Regulation (EC) 1049/2001 of the European Parliament and of the Council. Nothing in this Regulation, in particular the provisions on EUCI, may be used to restrict the right of access to documents of the Union institutions, bodies, offices and agencies beyond the applicable legislation on such access.
Amendment 80 #
2022/0084(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) three levels of non-classified information: public use, normal and sensitiveprotected non-classified; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 81 #
2022/0084(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) fourthree levels of EU classified information: RESTREINT UE/EU RESTRICTED, CONFIDENTIEL UE/EU CONFIDENTIAL, SECRET UE/EU SECRET, TRES SECRET UE/EU TOP SECRET. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 84 #
2022/0084(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Non-compliance with this Regulation, in particular the unauthorised disclosure of information with the confidentiality levels referred to in Article 2(2), except information for public use shall be subject to investigation and may trigger personnel liability in accordance with the Treaties or with their relevant staff rules with due regard to the provisions on the disclosure of facts which give rise to a presumption of the existence of possible illegal activity, including fraud or corruption, detrimental to the interests of the Union, or of conduct relating to the discharge of professional duties which may constitute a serious failure to comply with the professional obligations, as well as the protection of persons who report breaches of Union law.
Amendment 104 #
2022/0084(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 109 #
2022/0084(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where required, Union institutions and bodies shall use the markings provided for in Articles 12, 13 and 14. Exceptionally, other equivalent markings may be used internally and in relation with their particular counterparts from other Union institutions and bodies or from the Member States, when all parties agree. Such exception shall be notified to the sub-group on non-classified information, as referred to in Article 7(1), point (b).
Amendment 111 #
2022/0084(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
Amendment 119 #
2022/0084(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Union institutions and bodies shall take into account the loyalty, trustworthiness and reliability of an individual as determined by means of a security investigation conducted by the Commission in cooperation with the competent authorities of the relevant Member State of which the applicant is a citizen or a nationals. The Commission may also cooperate with third countries and international organisations with which the Union has a security of information agreement.
Amendment 120 #
2022/0084(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 122 #
2022/0084(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
Amendment 123 #
2022/0084(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 124 #
2022/0084(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 127 #
2022/0084(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Any Union institution and body which is the originator of EUCI shall determine the initial security classification of that information upon its creation and in accordance with Article 18(1).
Amendment 129 #
Amendment 131 #
2022/0084(COD)
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. The Union institution or body under whose authority an EUCI document classified CONFIDENTIEL UE/EU- CONFIDENTIAL or higher is created shall have originator controlsent right over that document. The originator shall determine the initial classification level of the document and shall be responsible for its initial dissemination. Without prejudice to Regulation 1049/2001, the originator’s prior written consent shall be obtainedThe originator’s prior written consent shall be obtained if necessary in order to protect essential interests of the European Union or of one or more of its Member States in the area of public security, defence and military matters, international relations or the financial, monetary or economic policy, before the information is:
Amendment 133 #
2022/0084(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the originator of an EUCI document cannot be identified, the Union institution or body holding that classified information shall exercise originator controlsent.
Amendment 134 #
2022/0084(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Information shall be classified only for as long as it requires protection. EUCI that no longer needs the original classification shall be downgraded to a lower level. EUCI that no longer needs to be considered as classified at all shall be declassified. Any classification shall be reviewed at the latest one year after the document’s creation and every year afterwards. In case of documents that concern an ongoing legislative process, this review shall be done no later than two months after the document’s creation and every two months afterwards.
Amendment 136 #
2022/0084(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. At the time of creation of EUCI, the originator shall indicate, where possible, and in particular for information classified RESTREINT UE/EU RESTRICTED, whether the EUCI can be downgraded or declassified on a given date or following a specific event.
Amendment 137 #
2022/0084(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The originatingEach Union institution or body shall be responsible for deciding whether a EUCI document can be downgraded or declassified. It shall review the information and assess the risks regularly and at least every 5 years in order to determine whether the original classification level is still appropriate.
Amendment 138 #
2022/0084(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
The operational details of emergency evacuation and destruction plans shall themselves be classified as RESTREINT UE/EU RESTRICTED.
Amendment 141 #
2022/0084(COD)
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Article39a Disputes 1. In the event of any doubt as to the protected nature of information or its appropriate level of classification, the Union institutions and bodies shall consult each other without delay and before transmission of the information. In the event of a disagreement, the matter shall be referred to the Presidents of the Institutions or bodies so that they may resolve the dispute. 2. If, at the end of the procedure referred to in paragraph 1, no agreement has been reached, the refusal to revise the protected nature of information or its appropriate level of classification shall be subject to review of its legality in accordance with Article 263 TFEU.
Amendment 155 #
2022/0084(COD)
Proposal for a regulation
Article 56 – paragraph 1 – point a
Article 56 – paragraph 1 – point a
(a) the Union institution or body concerned needs to exchange, on a long- term basis information classified, as a general rule, no higher than RESTREINT UE/EU RESTRICTEDCONFIDENTIEL UE/EU CONFIDENTIAL with its counterpart in a third country or international organisation;
Amendment 160 #
2022/0084(COD)
Proposal for a regulation
Annex I – point 1
Annex I – point 1
1. Documents containing sensitive non-classified information must be marked using a security marking and, where relevant, one or more distribution marking or markings specifying the target audience as appropriate. The standard security marking shall be the word ‘SENSITIVEPROTECTED’ in upper case, except in cases referred to in Article 15(2).
Amendment 161 #
2022/0084(COD)
Proposal for a regulation
Annex I – point 4
Annex I – point 4
4. Documents marked SENSITIVEPROTECTED are downgraded to EU NORMAL or PUBLIC USE, through the removal or striking of the markings.
Amendment 162 #
2022/0084(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1
Annex II – paragraph 1 – point 1
1) 1) ‘personnel Security Clearance’ or ‘PSC’ means a statement by a relevant authority of a Member Statethe Commission which is made following completion of a security investigation conducted by the competent authorityCommission in cooperation with the competent authorities of the relevant Member States and which certifies that an individual may be granted access to EUCI up to a specified level (CONFIDENTIEL UE/EU CONFIDENTIAL or higher) and for a set period of time;
Amendment 163 #
2022/0084(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2
Annex II – paragraph 1 – point 2
2) ‘personnel Security Clearance Certificate’ means a certificate issued by a competent authoritythe Commission establishing that an individual holds a valid security clearance, or equivalent, or a security authorisation and that shows the level of EUCI to which that individual may be granted access (CONFIDENTIEL UE/EU CONFIDENTIAL or higher), the period of validity of the relevant security clearance or authorisation and the date of expiry of the certificate itself.
Amendment 164 #
2022/0084(COD)
Proposal for a regulation
Annex II – point 1
Annex II – point 1
1. The Security Authority of the Union institution and body concerned must seek the written consent of the individual for the security clearance procedure before sending a completed security clearance questionnaire to the National Security Authority of the Member State of nationality of the applicantCommission.
Amendment 165 #
2022/0084(COD)
Proposal for a regulation
Annex II – point 2
Annex II – point 2
2. Where information relevant to a security investigation becomes known to a Union institution or body, concerning an individual who has applied for a security clearance for access to EUCI, the competent Security Authority, acting in accordance with this Regulation, must notify the relevant National Security AuthorityCommission thereof.
Amendment 166 #
2022/0084(COD)
Proposal for a regulation
Annex II – point 3 – introductory part
Annex II – point 3 – introductory part
3. Following notification of the relevant National Security AuthorityCommission’s overall assessment of the findings of the security investigation, the competent Security Authority:
Amendment 167 #
2022/0084(COD)
Proposal for a regulation
Annex II – point 4
Annex II – point 4
4. Where the individual starts service 12 months or more after the date of the notification of the result of the security investigation, or when there is a break of 12 months in the individual’s service, the competent Security Authority must seek confirmation from the relevant National Security AuthorityCommission about the validity of the security clearance.
Amendment 168 #
2022/0084(COD)
Proposal for a regulation
Annex II – point 5
Annex II – point 5
5. Where information concerning a security risk posed by an individual who has authorisation to access EUCI becomes known to the Union institution or body concerned, the Security Authority of that Union institution or body must notify the relevant National Security AuthorityCommission thereof and may suspend the individual’s access to EUCI or withdraw authorisation to access EUCI.
Amendment 169 #
2022/0084(COD)
Proposal for a regulation
Annex II – point 6
Annex II – point 6
6. Where an National Security Authoritythe Commission notifies the relevant Union institution or body that there is no longer assurance for an individual who has access to EUCI, the Security Authority of the Union institution or body concerned must withdraw its security authorisation and exclude the individual from access to EUCI in accordance with its relevant internal rules.
Amendment 170 #
2022/0084(COD)
Proposal for a regulation
Annex II – point 8 – paragraph 1
Annex II – point 8 – paragraph 1
The Security Authority of the Union institution and body concerned may extend the validity of an authorisation to access EUCI for a period of up to 12 months, where no adverse information has been received from the relevant National Security Authority or other competent national authorityCommission within a period of 2 months from the date of transmission of the request for renewal and the corresponding clearance questionnaire.
Amendment 171 #
2022/0084(COD)
Proposal for a regulation
Annex II – point 10
Annex II – point 10
10. The Security Authority of the Union institution or body concerned may exceptionally grant temporary authorisation to access EUCI provided that the cCompetent National Security Authoritymission has conducted a preliminary check, based on the completed and transmitted security questionnaire, to verify that no relevant adverse information is known.
Amendment 172 #
2022/0084(COD)
Proposal for a regulation
Annex II – point 13
Annex II – point 13
13. All Union institutions and bodies must ensure that national experts seconded to them for a position requiring security clearance present, prior to taking up their assignment, a valid Personnel Security Clearance or Personnenational Ssecurity Cclearance Certificate, according to national law and regulations, to the competent Security Authority. Provided that the requirements referred to in Article 23(1) are met, the Security Authority may then grant an authorisation to access EUCI up to the level equivalent to the one referred to in the national security clearance, with a maximum validity not longer than the duration of their assignment.
Amendment 173 #
2022/0084(COD)
Proposal for a regulation
Annex III – point 8
Annex III – point 8
Amendment 174 #
2022/0084(COD)
Proposal for a regulation
Annex III – point 9
Annex III – point 9
Amendment 175 #
2022/0084(COD)
Proposal for a regulation
Annex III – point 10
Annex III – point 10
Amendment 176 #
2022/0084(COD)
Proposal for a regulation
Annex IV – point 8
Annex IV – point 8
8. RESTREINT UE/EU RESTRICTED information must be carried in at least one layer of opaque packaging, such as envelopes, opaque folders or a briefcase. Information classified CONFIDENTIEL UE/EU CONFIDENTIAL or higher must be carried in two layers of opaque packaging.
Amendment 177 #
2022/0084(COD)
Proposal for a regulation
Annex IV – point 10
Annex IV – point 10
10. Commercial couriers may convey information classified RESTREINT UE/EU RESTRICTED and CONFIDENTIEL UE/EU CONFIDENTIAL within a Member State and from one Member State to another. Commercial couriers may deliver SECRET UE/EU SECRET information only within a Member State and provided that they are approved by the relevant National Security Authority. No EUCI at TRES SECRET UE/EU TOP SECRET level can be entrusted to a commercial courier.
Amendment 178 #
2022/0084(COD)
Proposal for a regulation
Annex V – point 18
Annex V – point 18
Amendment 179 #
2022/0084(COD)
Proposal for a regulation
Annex V – point 22
Annex V – point 22
Amendment 180 #
2022/0084(COD)
Proposal for a regulation
Annex V – point 24
Annex V – point 24
Amendment 181 #
2022/0084(COD)
Proposal for a regulation
Annex V – point 26
Annex V – point 26
Amendment 4 #
2021/2180(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (the Conditionality Regulation) integrated the conditionality mechanism into a wider framework, requiring the Commission to use its own annual rule of law reports as a source for its assessments under the Regulation; calls on the Commission to implement the Conditionality Regulation without any further delay by sending written notifications within the meaning of article 6(1) of the Regulation to concerned Member States; recalls that for budget- related measures in the event of violations of the rule of law in a Member State, the competences of parliamentary committees should be determined on the basis of Annex VI of Parliament’s Rules of Procedure if the infringements under the Conditionality Regulation procedure are dealt with in Parliament;
Amendment 15 #
2021/2180(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls its resolution of 8 July 2021 on the creation of guidelines for the application of the Conditionality Regulation; insists that the Commission include in its annual rule of law reports a section dedicated to cases where rule of law breaches in a Member State could affect or seriously risk affecting the sound financial management of the Union budget or the protection of the Union’s financial interests in a sufficiently direct way;
Amendment 18 #
2021/2180(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes that the report assesses the state of the rule of law in every Member State; notes, however, that it fails to make a clear distinction between Member States with isolated shortcomings and those with systemic rule of law deficiencies; calls on the Commission to make this distinction in future reports to prevent the report from being misused as a tool to relativize processes of autocratisation in some Member States;
Amendment 20 #
2021/2180(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes recommendation 11 of the EU Citizens Panel 2 on Democracy and Values on the organisation of ‘annual conferences on the rule of law’ ensuring ‘socially diverse national delegations to the conference that include both citizens and civil servants’1a; notes that this recommendations fits with Parliament’s previous calls for an annual Democracy, Rule of Law and Fundamental Rights cycle; calls on Commission and Council to reconsider their negative answers to Parliament’s request to open negotiations about its proposal; _________________ 1a European Citizens’ Panel 2: “European democracy / Values and rights, rule of law, security”, Recommendations, 2021
Amendment 26 #
2021/2180(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. In the spirit of setting a good example, calls on the Commission to include in future reports an assessment of the EU Institutions’ performance in the areas addressed by the Report, where applicable, and in particular as regards its anti-corruption framework;
Amendment 28 #
2021/2180(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes that the report assesses the state of the rule of law in every Member State; regrets, however, that it fails to make a clear distinction between Member States with isolated shortcomings and those with systemic rule of law deficiencies; calls on the Commission to make this distinction in future reports to prevent the report from being misused as a tool to relativize processes of autocratisation in some Member States;
Amendment 47 #
2021/2180(INI)
6. Calls on the Commission and the Member States to use the Commission’s annual rule of law reports to resolutely fight against systemic corruption and devise effective instruments for preventing, combating and sanctioning corruption and fighting fraud, as well as for regularly monitoring the use of public funds, including recovery and resilience facility funds.; reiterates that in Member States with identified systemic corruption, where national preventive measures are not effective, the Commission must make full use of all tools available to protect the EU budget, including through suspensions of funds where necessary
Amendment 54 #
2021/2180(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes that civil society was consulted during the drafting process; stresses that civil society actors can provide valuable input for the assessment of country-specific situations and provide a more critical view than the concerned government; notes, however, that the consultation can be improved by ensuring, among others, a follow-up with civil society actors to their input given, sufficiently long timeframes for providing input and a coherent annual publication cycle, as well as reconsidering the format of a one-size-fits-all questionnaire for providing input; encourages the Commission to seek further input from civil society on how to optimise the consultation process for future reports;
Amendment 55 #
2021/2180(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Regrets that the draft country chapters were only shared with the respective Member State’s government, giving members of national parliaments the chance to provide input only after the final report was published; stresses the importance of consulting a comprehensive spectrum of all democratic parties in assessing a country-specific situation as governments naturally have an interest in a less critical assessment of the situation; calls on the Commission to provide national parliaments with the draft country chapter at the same time as they are provided to governments;
Amendment 56 #
2021/2180(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes that since the publication of the 2014 anti-corruption report, the topic never again received similar attention despite subsequent reports including anti- corruption issues; calls on the Commission to biannually publish a dedicated anti-corruption report following the example of 2014, including an analysis of the EU institutions themselves;
Amendment 57 #
2021/2180(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Stresses the need for a functioning civil society throughout the Union through the Citizenship, Equality, Rights and Values programme and calls for the creation of the European statute for associations and non-profit organisations;
Amendment 58 #
2021/2180(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Welcomes that civil society was consulted during the drafting process; stresses that civil society actors can provide valuable input for the assessment of country-specific situations and provide a more critical view than the concerned government; notes, however, that the consultation can be improved by ensuring, among others, a meaningful follow-up with civil society actors to their input given, sufficiently long timeframes for providing input and reconsidering the format of a one-size-fits-all questionnaire for providing input; encourages the Commission to seek further input from civil society on how to optimise the consultation process for future reports;
Amendment 3 #
2021/2162(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the decision of the European Ombudsman in joint inquiry 853/2020/KR on the European Commission’s decision to award a contract to BlackRock Investment Management to carry out a study on integrating environmental, social and governance (ESG) objectives into EU banking rules,
Amendment 16 #
2021/2162(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the upcoming revision of the Financial Regulation is needed as a consequence of the entry into force of the MFF 2021-2027 package, including NGEU, as well as to ensure the proper implementation of the Inter-Institutional Agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap for the introduction of new own resources, which not only updates legal provisions but also contains significant innovations within the budgetary system;
Amendment 20 #
2021/2162(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the revision should seek to modernise the rules applicable to the EU budget in line with its latest evolutions and in line with the budgetary principles, and to increase parliamentary oversight, transparency, democratic accountability, civic engagement and the ability to respond to citizens’ needs;
Amendment 24 #
2021/2162(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is of the opinion that, while a global overhaul of the rules applicable to the budget is not needed at this time, the Financial Regulation must be subject to targeted improvements and simplifications, in particular where they increase transparency and democratic scrutiny as well as provide for a better implementation of the EU budget;
Amendment 35 #
2021/2162(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the number and scope of off-budget instruments have grown significantly in the past decade, and that NGEU has taken this practice to the next level, by greatly, if temporarily, increasing the magnitude of the EU budget in the form of external assigned revenue, and creating liabilities until 2058 through borrowing for lending and borrowing for direct EU expenditure; warns that these developments put at risk central budgetary principles such as unity and budgetary accuracy, equilibrium and universality;
Amendment 43 #
2021/2162(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned that these mechanismusing externally assigned revenues pose a serious challenge to the ability of the Parliament to fulfil its decision-making, scrutiny and discharge functions; strongly believes thatreminds of the Joint Declaration and reaffirms that it expects EU financial rules musto be updated as regards the role of the budgetary authority in relation to these mechanisms, in order to bring them closer to the principles and responsibilities set out in the Treaties;
Amendment 50 #
2021/2162(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that Parliament, as one arm of the budgetary authority, should be able to scrutinise and authorise as appropriate the Commission’s plans with respect to the management of external assigned revenue and of its borrowing and lending operations; suggests that relevant articles of the Financial Regulation, including Articles 7, 46 and 56, be revised to clarify that assets and liabilities linked to borrowing and lending operations are included in the EU budget, thus fully under the control and reporting of the European Court of Auditors;
Amendment 66 #
2021/2162(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the clear linkrelationship between respect for the rule of law and the efficient implementation of the Union budget in accordance with the principles of sound financial management: economy, efficiency and effectiveness, as laid down in the Financial Regulation; highlights in this regard that fraudulent and corrupt practices by definition violate sound financial management as defined in Article 33 (1) of the Financial Regulation with regard to economy and efficiency given that such practices are directly at odds with assuring the best quantity, quality at the best price, and with achieving the optimal relationship between resources employed and objectives achieved; recalls that, upon adoption of the Conditionality Regulation, Parliament, the Council and the Commission agreed to consider including the content of the Conditionality Regulation into the Financial Regulation upon its next revision, and calls on the Commission to include this in the revision linked to the 2021-2027 MFF; calls on the Commission to examine possibilities to further strengthen coherence between the two instruments in particular, to ensure sound financial management; believes that the Commission should pay particular attention to the effects of Member States not fulfilling their duties as laid down in Article 63(2) with a particular focus on preventive ex-ante measures;
Amendment 73 #
2021/2162(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses the need to protect the EU budget and the EU tax payers' money from any form of conflict of interests; encourages the Commission to further strengthen the conflict of interests provisions under article 61 of the Financial Regulation in particular with regards to the preparation of the budget, e.g. by listing the institutions participating in the preparation of the budget, in order to determine more precisely which public officers can effectively influence financial flows from the EU budget; calls on the Commission to provide for procedural solutions capable of dealing with situations where the public officer does not have a hierarchical superior, in particular by obliging the institution in which the public officer has the possibility of influencing financial flows from the EU budget, to exclude such public person from the activities of the institution relating to the EU budget;
Amendment 76 #
2021/2162(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that it is important to know whow EU funds are spent and who truly benefits from EU funds in order to protect the financial interests of the EU and to detect fraud, corruption and conflicts of interest in particular; notes that data for identifying economic operators and their beneficial owners is not easily, or not at all, accessible12 ; considers that the centralisation of the information in a single, interoperable and user friendly public EU database with information on direct and ultimate beneficiaries, with data accessible in a machine readable format, would overcome the identified fragmentation and lack of transparency as well as enhance public scrutiny and trust in EU public spending; stresses the urgency in establishing transparency for beneficial owners in light of the Pandora Papers; _________________ 12Study on the largest 50 beneficiaries in each EU Member State of CAP and Cohesion Funds, requested by the CONT Committee, PE 679.107 - May 2021.
Amendment 85 #
2021/2162(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises that the Financial Regulation should include provisions that require the responsible actors to gather and keep uniform records of economic operators and beneficial owners in order to allow identification across EU programmes, regardless of who implements these programmes and of management mode; considers that these requirements should be balanced to reflect strictly relevant information items; underlines that data may only be published in line with data protection requirements and the standing jurisprudereflect all relevant information items to enhance of the Court of Justice of the European Union; considers that compulsory information items collected for audit and control purposes need to include as a minimum the registration number of legal entities, national identification number for natural persons, an indication of the type of beneficiary, sub-contractors, beneficial owners, whether the beneficiary also receives State aid and contact information; underlines that the system needs to facilitate the aggregation of individual amounts concerning the same direct or ultimate beneficiary; considers that publicly accessible systems should facilitate both individual searches through a web-based tool and systemic analysis through bulk downloadsmmission’s capability and capacity to detect fraud;
Amendment 89 #
2021/2162(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines that data should be published openly as a general principle, while respecting data protection requirements and the standing jurisprudence of the Court of Justice of the European Union; considers that compulsory information items collected for audit and control purposes need to include as a minimum the registration number of legal entities, national identification number for natural persons, the relevant code or uniquely identifying specific EU funding program, an indication of the type of beneficiary, sub- contractors, beneficial owners, whether the beneficiary also receives State aid and contact information; stresses that the database should not be exclusively self- regulated but datasets should be created by the Commission or an external authority in order to ensure coherent and high-quality data;
Amendment 91 #
2021/2162(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Underlines that the system needs to facilitate the aggregation of individual amounts concerning the same direct or ultimate beneficiary; considers that publicly accessible systems should facilitate both individual searches through a web-based tool and systemic analysis through bulk downloads in machine readable and interoperable format; Stresses that standardised, open data across the full cycle of all procurements including the ultimate beneficiaries of contracted companies, will provide civil society and nongovernmental actors with the complement of tools and required information to monitor the integrity, fairness and efficiency of public procurement markets;
Amendment 94 #
2021/2162(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that Article 63 of the Financial Regulation should be modified to include ARACHNE as a compulsory risk scoring tool made available by the Commission to Member States and other implementing partners and to oblige implementing partners to feed information into it; considers that the Financial Regulation should also indicate which indicators ARACHNE uses to determine the risk score of economic operators; considers that any additional administrative burden, from inserting information multiple times in various IT systems, including ARACHNE, must be avoidedalls for maximum interoperability between ARACHNE and the different implementing software used; stresses the importance of the full ownership and operational rights of ARACHNE tool and calls on the Commission to consider moving the tool’s management fully in-house;
Amendment 95 #
2021/2162(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. CallRecalls that a high-level panel has been established to assess this in 2018 and calls for its findings to be presented to the Parliament before the Commission makes a proposal to update the Financial Regulation; insists for the use of the Early Detection and Exclusion System (EDES) to be made compulsory also under shared management; further notes that EDES does not distinguish between subsidiaries of larger corporations; calls on the Commission to make this distinction and to specify in the rules for early detection and for exclusion which entity of a multi- national or multi-company corporation is registered for early detection or exclusion; calls for the obligation to update EDES once fraud or other relevant facts have been established by actors involved in the implementation; believes that legal entities or natural persons disqualified through EDES could no longer be a final recipient or beneficiary to whom any payments from the EU budget are owned; further calls on the Commission to encourage the Member States that these entities or natural persons are also excluded from any contributions from national-budgets;
Amendment 101 #
2021/2162(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls for the inclusion of the obligatory publication of all tenders in the scope of the Financial Regulation in machine readable open formats to improve tracking and delivery of public contracts, adding automated indicators of risks to identify areas where increased control is needed and the publication of comprehensive and standardised information across the public procurement cycle in open data formats by including public procurement information into the list of "High-Value datasets" under the Directive on open data and the re-use of public sector information;
Amendment 112 #
2021/2162(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls for the inclusion of the implementation of the do no harm principle in the Financial Regulation; stresses that the guidance published for the RRF should be seen as the standard for all other expenditure of the same nature; reminds that the implementation of the principle as regards biodiversity must go beyond the full respect of relevant EU acquis;
Amendment 118 #
2021/2162(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Suggests that the re-use of decommitted appropriations as a result of full or partial non-implementation of projects pursuant to Article 15(3) of the Financial Regulation should be extended beyond research and innovation, to include all appropriations that support social policies, youth and humanitarian aid; believes that decommitted appropriations should be made available in their entirety the year following that of their decommitment;
Amendment 125 #
2021/2162(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Suggests that the Financial Regulation be revised to guarantee the appropriate role of Parliament in the setting up and scrutiny of any new trust funds, including in the drawing up of the constitutive agreement and the mobilisation of the Union’s contribution, the implementation, continuation and possible liquidation;
Amendment 129 #
2021/2162(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the Commission’s Vademecum on public procurement was last updated in January 2020; notes that the current definition of ‘professional conflict of interest’ is limited to a conflicting interest that affects the capacity of an economic operator to perform a contract; calls on the Commission to provide for a more explicit definition and to ensure that its implementation rules on public procurement do not permit the awarding of policy-related service contracts to undertakings that are under the economic control of a parent company or a group that owns shares related to activities that are not in line with the EU’s environmental, social and Green Deal objectives; calls for including the safeguards in public procurement to reject companies whose activities contradict social and environmental objectives of the European Union;
Amendment 132 #
2021/2162(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recalls the European Ombudsman’s decision1a in the case of the European Commission's decision to award a contract for a study on integrating environmental, social and governance objectives into EU banking rules to BlackRock Investment Management; stresses the need to ensure that similar conflicts of interest do not arise in the future; encourages the Commission to make proposals to update and strengthen the applicable rules in the EU Financial Regulation in order to address this type of possible conflicts of interest and to further increase the transparency of the tender procedures; _________________ 1a https://www.ombudsman.europa.eu/en/de cision/en/135363
Amendment 135 #
2021/2162(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Insists that the Commission follow the suggestion made by the European Ombudsman1b to amend recital 104 and article 167 of the Financial Regulation to provide a definition of ‘professional conflicting interest’ so as to ensure that EU institutions, including the European Commission, exclude bidders with a direct or indirect financial interest in a policy- related service contract. In the same vein, the Commission should provide corresponding and clear guidelines on possible conflicts of interests to assist its staff dealing with public procurement procedures for policy-related service contracts; _________________ 1bIn her decision in joint inquiry 853/2020/KR on the European Commission’s decision to award a contract to BlackRock Investment Management to carry out a study on integrating environmental, social and governance (ESG) objectives into EU banking rules
Amendment 136 #
2021/2162(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17 c. Calls for a clear definition of professional conflicting interests that would include a conflict on the ground of a direct or indirect financial interest; stresses the need of assessing indirect financial or economic interests in policy related service contracts; calls for a revision of the Vademecum to reject bidders with a direct or indirect financial stake in the policy area concerned;
Amendment 144 #
2021/2162(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Recalls that the three institutions acknowledge that the existing rules on audits and discharge procedure apply to assigned revenue and calls for this to be properly reflected in the Financial Regulation;
Amendment 145 #
2021/2162(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Recalls that according to Article 118(9) of the Financial Regulation, reports and findings of the internal auditor shall be accessible to the public only after validation by the internal auditor of the action taken for their implementation; regrets that in practice, this results in (Parliament’s) audit reports only being published several years after their finalisation; calls for the respective provision in the Financial Regulation to be reformulated in a way that would see the institutions publish its internal audit reports without any limitations due to any later validation process that in fact represents a follow-up to the original report;
Amendment 146 #
2021/2162(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19 c. Considers it regrettable that audit and contradictory procedures, as well as procedures on the application of financial correction, currently stretch out over several years; urges the Commission to revise the rules of audit and financial correction procedures to allow for more timely conclusions and recovery of unduly paid out EU funds;
Amendment 152 #
2021/2162(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Encourages the Commission and Member States to exploit the opportunities for simplified cost options to their full potential; considers that the focus of checks should be on ex ante verification of the calculations of the simplified cost options, while ex post verifications should be used to improve the system of calculation, except in cases of suspected fraud;
Amendment 123 #
2021/2107(DEC)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Notes with serious concern that 17 new harassment cases were opened in 2020; stresses that efforts still need to be made to ensure that the two advisory committees dealing with harassment complaints concerning Members and all members of staff gain more trust from victims of harassment, who may fear that their career or position in Parliament would be at stake if they go through the whole harassment procedure, gather evidence and build their case; urges the Bureau and Secretariat to implement the actions as repeatedly called for in the resolutions on harassment of 26 October 2017 (217/2897 (RSP))1a, 28 November 2019 (2019/2855 (RSP))1b and 10 December 2021 (2021/2986 (RSP))1c, including, notably, publishing the results of an external audit on the current anti-harassment structure in place and making anti-harassment training mandatory for all Members and staff, including persons in managerial roles in the different directorates-general and political groups; _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-8-2017-0417_EN.html 1b https://www.europarl.europa.eu/doceo/doc ument/TA-9-2019-0080_EN.html 1c https://www.europarl.europa.eu/doceo/doc ument/B-9-2021-0587_EN.html
Amendment 199 #
2021/2107(DEC)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Believes that EUuropean political parties and foundations should make greater use of new technologies in order to improve the transparency and traceability of donations and expenditure; is in favour of increasing transparency in the financing of EU political parties and foundations by creating an obligation for Parliament to publish the annual financial statements that it receives from the parties and foundations;
Amendment 3 #
2021/2071(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regards to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/20921a _________________ 1a Texts adopted, P9_TA(2021)0287.
Amendment 10 #
2021/2071(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Regulation entered into force on 1 January 2021 and has been binding in its entirety and directly applicable in all Member States since that date to all payments made since the entry into force of the Regulation;
Amendment 11 #
2021/2071(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Commission decided to abide by the non-binding European Council conclusions of December 2020 and declared that it would develop guidelines for the application of the Regulation;
Amendment 13 #
2021/2071(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas, in its resolution of 25 March 2021 on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism, Parliament requested the Commission to adopt the guidelines no later than 1 June 2021 and after having consulted Parliament;
Amendment 29 #
2021/2071(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Strongly regrets the Commission’s failure to respond to Parliament’s request and to adopt its guidelines by 1 June 2021; reiterates its call on the Commission to draft the guidelines as soon as possible in close cooperation with Parliament ; reminds the Commission that Parliament already started the necessary preparations for potential court proceedings under Article 265 of the TFEU against the Commission;
Amendment 35 #
2021/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. UDeplores the time wasted by the Commission since the entry into force of the Regulation; urges the Commission to avoidct without any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation;
Amendment 36 #
2021/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to avoid any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation and stresses the preventive aspect of the conditionality mechanism and the fact that it can serve as an ex-ante instrument;
Amendment 41 #
2021/2071(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. AskRequests the Commission to report to Parliament on a quarterly or semi-annual basis regarding new and ongoing cases under investigation, starting as soon as possible with the first cases;
Amendment 46 #
2021/2071(INI)
6 a. Calls on the Commission to clarify in the guidelines that breaches of the rule of law in a Member state which result from decisions or events that took place prior to 1 January 2021 still fall within the scope of the regulation as long as their effect is still ongoing;
Amendment 51 #
2021/2071(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Draws particular attention to the list of indicative breaches of the principles of the rule of law laid down in Article 3 of the Regulation; calls onurges the Commission to investigate potential occurrences of the breaches included in that list in the Member States, while pointing out that other practices or omissions by public authorities may also be relevant;
Amendment 55 #
2021/2071(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recalls that the non-effective or untimely cooperation with EPPO and OLAF constitutes a ground for action under the Regulation; stresses that in the case of EPPO, effective and timely cooperation entails not only an obligation for national authorities to actively assist and support the criminal investigations and prosecutions of EPPO but also for the national government to ensure that its European and Delegated Prosecutors are appointed in a timely and impartial manner; is also of the opinion that the systematic lack of follow-up to OLAF recommendations is an omission in the meaning of the Regulation;
Amendment 60 #
2021/2071(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that identification of breaches of the principles of the rule of law requires objective, impartial, fair and thorough qualitative assessment by the Commission, taking into account relevant information from available sources and recognised institutions; especially underlines the need to take into account final judgments of national, international and European courts, such as the European Court of Human Rights and the Court of Justice; calls on the Commission to include in its annual Rule of Law Report a dedicated section with 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 and to establish a systematic relationship between these two separate tools;
Amendment 64 #
2021/2071(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that the Commission’s annual Rule of Law report constitutes an objective, impartial, fair, and qualitative assessment of breaches of the principles of rule of law; believes that where the conclusions of the annual reports highlight individual or systemic breaches of the rule of law which affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way, they should be directly linked to the triggering of the conditionality mechanism; calls on the Commission to clarify, in the guidelines, a methodology to create a clear and direct link, when relevant, between the annual reports and the conditionality mechanism;
Amendment 66 #
2021/2071(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to set out a clear, precise and understandable system for the submission of complaints, including deadlines for the Commission’s responses to complaints;
Amendment 67 #
2021/2071(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Highlights that civil society, including independent NGOs and citizens, is at the forefront to identify potential breaches of the rule of law at local and national level, and should therefore be involved in their reporting; calls on the Commission to establish, in the guidelines, an efficient, user-friendly, and easily accessible online one-stop shop for citizens and civil society to report both fraud and corruption cases related to EU Funds, as well as individual or systemic breaches in their Member State, guaranteeing anonymity and leading, where deemed relevant by its services, to further investigations by the OLAF, the EPPO or the Commission;
Amendment 73 #
2021/2071(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises the clear link between respect for the rule of law and the efficient implementation of the Union budget in accordance with the principles of sound financial management: economy, efficiency and effectiveness; recalls that according to Article 5 of the Regulation, ‘the Commission shall verify whether applicable law has been complied with and, where necessary, take all appropriate measures to protect the Union budget’;
Amendment 75 #
2021/2071(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls that the 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 the projects on which Member States decide or not to spend EU money, and therefore directly affects the protection of the financial interests of the Union; calls on the Commission to take this into account when drafting the guidelines;
Amendment 80 #
2021/2071(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that measures under the Regulation are necessary in particular in cases where other procedures set out in Article 7 TEU, in the Common Provision Regulation (CPR), in the Financial regulation or in other sector-specific or financial legislation would not allow the Union budget to be protected more effectively; stresses that this does not mean that the Regulation is to be considered as a ‘last resort’, but rather that the Commission can use a wide range of procedures to protect the Union’s financial interests, to be chosen on a case- by-case basis depending on their efficiency and effectiveness;
Amendment 81 #
2021/2071(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that measures under the Regulation are necessary in particular in cases where other procedures set out in sector-specific or financial legislation would not allow the Union budget to be protected more effectively enough; stresses that this does not mean that the Regulation is to be considered as a ‘last resort’, but rather that the Commission can use a wide range of procedures to protect the Union’s financial interests in the most effective and efficient manner, to be chosen on a case- by-case basis, and in parallel if needed, depending on their efficiency and effectiveness;
Amendment 84 #
2021/2071(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the Regulation covers all Union funds and applies also to ‘systemic’ breaches as well as to cases of serious risk to the sound financial management of the Union budget or the protection of the financial interests of the Union, which may be difficult to address by other Union procedures that only apply to specific spending programmes and relate to effects on the budget that have already occurred;
Amendment 87 #
2021/2071(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that ‘systemic’ breaches, for instance those affecting the functioning of the justice system, the independence of judges and the judiciary or the neutrality of public authorities, and in particular, the proper functioning of public entities with a mandate to prevent and fight corruption, fraud, tax evasion and conflict of interest have in general a clear indirect impact on the proper management, spending and control of Union funds;
Amendment 94 #
2021/2071(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes that Article 6(4) of the Regulation foresees the possibility for the Commission to request additional information to carry out its assessment both before and after having sent the written notification; stresses that such requests before the written notification should remain exceptional and punctual so as to not jeopardise the precise timeline for the adoption of measures provided for in the Regulation;
Amendment 97 #
Amendment 98 #
2021/2071(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Believes that transparency is essential to foster the confidence of Member States and citizens in the conditionality mechanism: points out that each step of the procedure of the Regulation should therefore be taken in a fully transparent way;
Amendment 99 #
2021/2071(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to set up, in the guidelines, the transparency rules and principles that it will apply when triggering the Conditionality Mechanism;
Amendment 100 #
2021/2071(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Believes that transparency implies, in particular: - disclosing the sources used by the Commission to trigger the Mechanism, - disclosing the content of the written notifications sent to the Members States, - disclosing the answers received from the Member States and the remedies proposed, - disclosing the Commission’s assessment leading to the potential lifting of adopted measures under the Mechanism, - keeping the European Parliament informed and involved at every step of the process to ensure the democratic scrutiny of the Mechanism and of EU funds;
Amendment 101 #
2021/2071(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that measures taken under the Regulation should be proportionate, in the light of the actual or potential impact on the sound financial management of the Union budget or the financial interests of the Union, taking into account the nature, duration, gravity and scope of the breaches of the principles of the rule of law; considers that, in general, the seriousness of that impact will reflect the seriousness of the breacheunderlines the need to take into account the degree of cooperation of the Member State concerned, or its refusal to cooperate sincerely with the Commission in the context of the procedures pursuant to the Regulation, or a possible persistence or repetition of similar breaches, despite earlier recommendations or proposals made by the EU institutions;
Amendment 107 #
2021/2071(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that, unless the decision adopting the measures states otherwise, the imposition of appropriate measures under the Regulation does not affect the obligations of Member States towards legitimate interests of final recipients or beneficiaries, including the obligation to make payments;
Amendment 110 #
2021/2071(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to implement Article 5(4) of the Regulation and swiftly set up a website or internet portal with information and guidance for the benefit of final recipients or beneficiaries and with adequate tools for them to inform the Commission about any breach of the legal obligation to continue making payments after measures pursuant to this Regulation are adopted, such as a simple, easy-to-use and structured complaint form;
Amendment 114 #
2021/2071(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, in shared management, measures under the Regulation cannot be considered to affect the availability of funding for payments of legitimate claims to beneficiaries; recalls also that Member States concerned by those measures must regularly report to the Commission on compliance with their obligations towards final recipients or beneficiaries;
Amendment 115 #
2021/2071(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to analyse all information at its disposal and do its utmost to ensure that any amount due fromlegitimate payment claims to government entities or Member States isare in fact paid to final recipients or beneficiaries, which may entail recovering payments that have been made or making financial corrections by reducing Union support to programmes in line with applicable sector- specific and financial rules; stresses that anyone earmarked for corruption in the early warning system under the Financial Regulation's anti-fraud mechanism, or under investigation by OLAF or EPPO, or more broadly having any direct or indirect ties to the ruling political party, should not be considered to have legitimate claims to receive EU monies until they have been cleared in investigations against them or have cut ties with the political parties;
Amendment 19 #
2021/2048(REG)
Proposal for a decision
Paragraph 2 – point a
Paragraph 2 – point a
Amendment 21 #
2021/2048(REG)
Parliament's Rules of Procedure
Rule 213 – paragraph 1
Rule 213 – paragraph 1
1. At the first committee meeting after the appointment of committee members pursuant to Rule 209, and again two and a half years thereafter, the committee shall elect a bureau consisting of a Chair and of Vice-Chairs from among its full members in separate ballots. The number of Vice- Chairs to be elected shall be determined by Parliament upon a proposal by the Conference of Presidents. The diversity of Parliament must be reflected in the composition of the bureau of each committee; it shall not be permissible to have an . The Chair and the first Vice- Chair of a committee shall be of different genders. Gender balance shall male or all femalso apply to the other members of the bBureau or for all of the Vice-Chai.. It shall not be permissible for all bureau members to come from the same Member State.
Amendment 17 #
2021/2025(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes that the report assesses the state of the rule of law in every Member State; notes, however, that it fails to make a clear distinction between Member States with isolated shortcomings and those with systemic rule of law deficiencies; calls on the Commission to make this distinction in future reports to prevent the report from being misused as a tool to relativize processes seriously undermining the state of the rule of law in some Member States;
Amendment 22 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to provide information in its future reports about the way Member States respect the rule of law and effectively protect the Union’s financial interests, for both EU budget revenue and expenditure, and to highlight serious risks to the Union budgetwhich specific rule of law shortcomings pose a serious risks to the sound financial management of the Union budget, which can then serve as a basis for triggering the rule of law conditionality mechanism; insists that the reports should go beyond monitoring and provide specific assessments and recommendations to the Member States; country-specific recommendations for preventive and corrective elements to the Member States and mention potentially applicable tools for the Commission to use in case of non- compliance with the recommendations;
Amendment 32 #
2021/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. CWelcomes that one of the four chapters of the report is dedicated to the anti-corruption framework in place in Member States; Notes, however, that the assessment of these frameworks remains mainly descriptive and calls on the Commission to assess the effectiveness of the national anti- corruption strategieslegislation, policies and strategies, outline best practices, identify areas particularly sensitive to corruption and comes up with country-specific recommendations for improvement and to use that knowledge to update and enhance the Union’s anti- corruption framework; in future reports, similar to how this was done in the Commission’s Anti-Corruption Report in 2014;
Amendment 35 #
2021/2025(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes that the report assesses the state of the rule of law in every Member State; notes, however, that it fails to make a clear distinction between Member States with isolated shortcomings and those with systemic rule of law deficiencies; calls on the Commission to make this distinction in future reports to prevent the report from being misused as a tool to relativize autocratisation processes in some Member States;
Amendment 35 #
2021/2025(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. In the spirit of setting a good example, calls on the Commission to include in future reports an assessment of the EU Institutions’ performance in the areas addressed by the Report, where applicable, and in particular as regards its anti-corruption framework;
Amendment 39 #
2021/2025(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Stresses that the report should be seen as a preparatory tool for concrete action to address rule of law deficiencies in the Member States; believes that the report should therefore go beyond monitoring and include country-specific recommendations for preventive and corrective elements with a clear outline of enforcement and a mention of potentially applicable tools for the Commission to use next to each recommendation in case of non-compliance; requests the Commission in this regard to clearly identify those rule of law deficiencies with an impact on the sound financial management of the Union budget in the report to be used as a basis for triggering the rule of law conditionality mechanism;
Amendment 45 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to use all tools at its disposal to counter violations of EU values, such as infringement procedures, including expedited procedures, actions to ensure compliance with the judgments of the Court of Justice and applications for interim measures before the Court; welcomes the new rule of law conditionality mechanism and asks that it be fully enforced with regard to all EU funds, including Next Generation EU; Regrets that the Commission has not yet made use of this tool despite many breaches of the rule of law identified in the Report which have an impact on the sound financial management of the budget; calls on the Commission to make use of the mechanism immediately to address these deficiencies;
Amendment 50 #
2021/2025(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates that Regulation (EU, Euratom) 2020/2092 has been in force since 1 January 2021 and is not subject to the adoption of any guidelines or judicial interpretation.; regrets that the Commission has not yet made use of this tool despite many breaches of the rule of law identified in the Report which have an impact on the sound financial management of the budget; calls on the Commission to make use of the mechanism immediately to address these deficiencies;
Amendment 56 #
2021/2025(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes that civil society was consulted during the drafting process; stresses that civil society actors can provide valuable input for the assessment of country-specific situations and provide a more critical view than the concerned government; notes, however, that the consultation can be improved by ensuring, among others, a follow-up with civil society actors to their input given, sufficiently long timeframes for providing input and reconsidering the format of a one-size-fits-all questionnaire for providing input; encourages the Commission to seek further input from civil society on how to optimise the consultation process for future reports;
Amendment 58 #
2021/2025(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Regrets that the draft country chapters were only shared with the respective Member State’s government, giving members of national parliaments the chance to provide input only after the final report was published; stresses the importance of consulting a comprehensive spectrum of all democratic parties in assessing a country-specific situation as governments naturally have an interest in a less critical assessment of the situation; calls on the Commission to provide national parliaments with the draft country chapter at the same time as they are provided to governments;
Amendment 59 #
2021/2025(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes that civil society was consulted during the drafting process; stresses that civil society actors can provide valuable input for the assessment of country-specific situations and provide a more critical view than the concerned government; notes, however, that the consultation can be improved by ensuring, among others, a follow-up with civil society actors to their input given, sufficiently long timeframes for providing input and reconsidering the format of a one-size-fits-all questionnaire for providing input; encourages the Commission to seek further input from civil society on how to optimise the consultation process for future reports;
Amendment 63 #
2021/2025(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Regrets that the draft country chapters were only shared with the respective Member State’s government, giving members of national parliaments the chance to provide input only after the final report was published; stresses the importance of consulting a comprehensive spectrum of all democratic parties in assessing a country-specific situation as governments naturally have an interest in a less critical assessment of the situation; calls on the Commission to provide national parliaments with the draft country chapter at the same time as they are provided to governments;
Amendment 48 #
2021/0372(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) The detailed arrangements governing the exercise of the right to vote and to stand as a candidate in elections to the European Parliament are set out in Council Directive 93/109/EC. Such arrangements do not affect each Member State's provisions concerning the right to vote or to stand as a candidate of its nationals who reside outside its electoral territory and of certain persons who have close links to this Member State, other than its own nationals or Union citizens residing in this Member State.
Amendment 86 #
2021/0372(CNS)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Nothing in this Directive shall affect each Member State's provisions concerning the right to vote or to stand as a candidate of its nationals who reside outside its electoral territory and of certain persons who have close links to this Member State, other than its own nationals or Union citizens residing in this Member State.
Amendment 104 #
2021/0372(CNS)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. In case of errors in the electoral rolls or in the lists of candidates to the European Parliament, the person concerned shall be entitled to effective legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.
Amendment 122 #
2021/0372(CNS)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1 a (new)
Article 12 – paragraph 3 – subparagraph 1 a (new)
Member States shall ensure that the information referred to in the first subparagraph is also provided by a helpdesk accessible 24/7 via phone, mail or Web Portal, in an official language of the Union understandable to the Union voter or candidate in question.
Amendment 132 #
2021/0372(CNS)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall designate an authority with responsibility for collecting and providing relevant statistical data to the public and the Commission, on the participation of Union citizens who are not nationals in elections to the European Parliament. This authority shall ensure that statistics on Union voters disaggregated by nationality and constituency or locality, are easily accessible during the electoral campaign.
Amendment 142 #
2021/0372(CNS)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Within six months after each election to the European Parliament Member States shall send information to the Commission and the European Parliament on the application of this Directive in their territory. In addition to general observations, the report shall contain statistical data on the participation in elections to the European Parliament of Union voters and Union citizens entitled to stand as candidates and a summary of the measures taken to support it.
Amendment 10 #
2021/0227(BUD)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. Whereas ensuring widespread sustainable rural mobility is crucial both to meet the socioeconomic needs of a large proportion of the Union territory while contributing to the European Green Deal and achieving the emission reduction targets needed for climate neutrality;
Amendment 23 #
2021/0227(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. [02 03 01] Reiterates the crucial role of CEF in fostering the development and timely completion of a high performance trans-European network (TEN-T) that is sustainable and interconnected across the areas of transport, energy and digital services infrastructure; considers that in order to ensure the timely completion of crucial missing links of the TEN-T core network within its due date of 2030, a frontloading of the allocated funding under CEF for transport connectivity projects would be desirable; regrets in that regard the proposed reduction of the CEF-transport budget in 2022 compared to 2021 and to the levels observed in the previous Multiannual Financial Framework;
Amendment 37 #
2021/0227(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. [13 04] Notes with satisfactionRegrets, despite the drastic reduction of its ambitions in the MFF negotiations, the slight, the increase in the military mobility budget in 2022 which aims to adapt parts of the TEN-T networks for a dual use of the transport infrastructure with a view to improving both civilian and military mobility;
Amendment 43 #
2021/0227(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. [02 10 02] [02 10 03] Requests alignment of the funding of European transport agencies with the level of their responsibility and their role in the transition towards decarbonisation of transport modes; welcomes in that regard the increase in the budget contribution to the European Maritime Security Agency (EMSA) and the European union Agency for Railways (ERA); , particularly in order to enhance its resources to fulfil its duties in terms of monitoring emissions' reporting from vessels, as well as among others its tasks in the field of response to marine pollution caused by ships and oil and gas installations; stresses that a bigger increase is needed for the European Union Agency for Railways (ERA) in order for it to be able to provide additional support to TEN-T completion objectives, particularly ERTMS and cross-border sections; suggests that further efficiency could be achieved also if ERA's current offices in Lille and Valenciennes would be unified into a single seat;
Amendment 12 #
2020/2272(ACI)
Proposal for a decision
Paragraph 3
Paragraph 3
3. Welcomes the fact that the status of the Council of the European Union has changed from that of an observer to that of a formal party to the Agreement; considers nevertheless that its participation is limited to meetings with the most senior officials, and, under voluntary schemes only, meetings of the Permanent Representatives and Deputy Permanent Representatives during their presidency and six months before; insists that for the credibility of the scheme all Permanent Representations should take an active part in that voluntary scheme, continue to apply it after their presidency has ended and extend, it insofar as this is possible, to other officialto other officials and at least to all staff working on policies; welcomes the fact that some Member States’ representations are already applying those rules independently of their presidency; insist that citizens must not have to wait until the end of the 10-year cycle of revolving presidencies until the last permanent representation applies those rules at all times; considers national ministers to be central to the work of the Council; therefore calls on national ministers to commit to transparency on their meetings with interest representatives;
Amendment 16 #
2020/2272(ACI)
Proposal for a decision
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Insists that the President of the European Council and his cabinet should be transparent about their meetings with interest representatives; calls on the President of the European Council and the Council’s General Secretariat to follow the Ombudsman’s recommendation of 18 June 2019, especially its proposal that the Council's General Secretariat should keep a full record of any meetings held between interest representatives and the President of the European Council and/or members of his or her cabinet and that this information should be recorded in the Council’s official file management system and made public;
Amendment 17 #
2020/2272(ACI)
Proposal for a decision
Paragraph 4
Paragraph 4
4. Points out that in the negotiation process the Commission has not made any substantive additional commitments to the scheme; regrets in particular that, with regard to personal scope, it covers only the most senior staff of the institutions; insists that any revision of the conditionality arrangements with regard to all three institutions should include meetings with other staff of the institutions, at Heads of Unit level and above; stresses that no institution should wait for the others in reaching this higher level of transparency; notes that following the implementation of this new Agreement, Parliament will be the only institution of which the Secretary General and Directors-General are not covered by the obligation only to meet registered interest representatives, and pledges to close this loophole as soon as possible;
Amendment 21 #
2020/2272(ACI)
Proposal for a decision
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers it to be important to define the meetings with interest representatives that should be published as meetings scheduled in advance; welcomes Commission’s practice to publish also those meetings taking place in a different format than in person-meetings, such as by video- conference; insists that a scheduled telephone call should be considered a meeting as well;
Amendment 28 #
2020/2272(ACI)
Proposal for a decision
Paragraph 12
Paragraph 12
12. Welcomes the commitments made by the Parliament in the course of the negotiations, notably on the proposal “Closing the loopholes – Parliament’s proposals on conditionality” and insists on the need to fully implement and publish them in accordance with Article 5(3) of the Agreement without undue delay;
Amendment 33 #
2020/2272(ACI)
Proposal for a decision
Paragraph 14 – point a a (new)
Paragraph 14 – point a a (new)
(aa) introducing a rule that Parliament staff are allowed to schedule meetings only with those interest representatives which are registered, with exceptions similar to those contained in Commission Decision of 25 November 2014 on the publication of information on meetings held between Directors-General of the Commission and organisations or self- employed individuals;
Amendment 34 #
2020/2272(ACI)
Proposal for a decision
Paragraph 14 – point a b (new)
Paragraph 14 – point a b (new)
(ab) introducing a rule that Parliament staff are to publish their meetings with individuals or organisations in the scope of the Transparency Register; this rule should apply at least to categories of staff corresponding to the similar practice in Commission, ideally to all staff working on policy matters and could build on the practices and technical solutions developed by the Commission;
Amendment 35 #
2020/2272(ACI)
Proposal for a decision
Paragraph 14 – point b
Paragraph 14 – point b
Amendment 38 #
2020/2272(ACI)
Proposal for a decision
Paragraph 14 – point c
Paragraph 14 – point c
(c) making participation as a speaker at workshops andall events organised by committees or cross-party intergroups such as workshops and seminars, as well as delegation meetings, conditional upon registration;
Amendment 41 #
2020/2272(ACI)
Proposal for a decision
Paragraph 14 – point c a (new)
Paragraph 14 – point c a (new)
(ca) making the co-hosting of events on Parliament’s premises conditional upon registration for anyone falling under the scope of the Transparency Register;
Amendment 42 #
2020/2272(ACI)
Proposal for a decision
Paragraph 14 – point c b (new)
Paragraph 14 – point c b (new)
(cb) amending standard contracts for any staff employed by Parliament to include advance agreement for publishing their name in case, while on leave or after leaving the public service of EU institutions, they take advantage of the 'revolving door' to become an individual or employee of an organisation within the scope of the Transparency Register ;
Amendment 44 #
2020/2272(ACI)
Proposal for a decision
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls specifically on the Conference of Committee Chairs to adopt guidelines in order to support rapporteurs, shadow rapporteurs and committee chairs to fulfil their obligation under Rule 11(3) to publish online in respect of each report all scheduled meetings with interest representatives falling within the scope of the Transparency register by reminding them of this duty at the beginning of their work on each file and by pro-actively preparing a legislative footprint based on the meetings published by the Members on their Parliament web profile;
Amendment 46 #
2020/2272(ACI)
Proposal for a decision
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Welcomes the fact that the Secretary-General has instructed Parliament’s services to connect the tool to the Transparency Register and Legislative Observatory and encourages any effort that would further improve this tool, including by providing access for processing of the data provided by Members in the Parliament website infrastructure concerning meetings with interest representatives in a machine readable format, providing an option to link the meeting to membership of a delegation, to indicate that the meeting took place at staff-level, to link the entries on Parliament's website to the Member's own website and to make this infrastructure available in all official languages of the Union;
Amendment 51 #
2020/2272(ACI)
Proposal for a decision
Paragraph 18
Paragraph 18
18. Welcomes the fact that registrants are obliged to publish financial information of both clients and intermediaries and that financial information is also required from registrants that do not represent commercial interests; welcomes the fact that registrants are obliged not only to publish financial information once a year but also to keep that information up-to- date, in particular where a significant change occurs with details subject to implementing decisions;
Amendment 54 #
2020/2272(ACI)
Proposal for a decision
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Deplores the fact that it was not possible to include an obligation for registrants to publish 'revolving door' cases, i.e. publishing the names and new roles of persons who were Members or staff of the institutions before taking up activities within the scope of the register; calls on the signatory institutions to review the Code of Conduct for registrants with the aim of achieving more transparency in this regard;
Amendment 55 #
2020/2272(ACI)
Proposal for a decision
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Deplores that interest representatives are not required to publicly disclose political donations to parties and candidates; calls on the signatory institutions to review the Code of Conduct for registrants to achieve more transparency in this regard; suggests such disclosure should include ‘in kind’ contributions, such as advertising, use of facilities, the provision of design and printing services, the donation of equipment, or the provision of board memberships, employment or consultancy work to elected politicians or candidates for office ;
Amendment 58 #
2020/2272(ACI)
Proposal for a decision
Paragraph 20
Paragraph 20
20. Welcomes the undertaking to increase resources for maintenance, development and promotion of the register, as well as the Council’s formal contribution to the secretariat; believes that such commitments to the joint scheme should enhance the capacity of the Secretariat to provide timely guidance to the registrants and support them in the registration and update of the requested data; nevertheless, insists, in particular, that human resources are very limited in proportion to the number of registrants in comparison with similar national schemes and that that limitation hampers the efficiency of the operation of the register; calls on its General Secretary to lead by example in mobilising additional staff for the Secretariat;
Amendment 8 #
2020/2161(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights that EASA certifies aircrafts based on the demonstration that their design comply with all relevant airworthiness requirements and all features are safe; recalls that Boeing 737 MAX were grounded worldwide in March 2019 following two consecutive fatal accidents; notes that EASA since recently considers the aircraft safe to fly again in European sky; requests further information on the overall certification procedure and insists that an audit should be carried out to assess why EASA deemed the 737 MAX compliant with all the requirements in 2017;
Amendment 42 #
2020/2149(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Underlines that post-public employment and ‘revolving door’ conflict of interests situations is a recurring issue in the EU institutions; calls for the EEAS for the effective and consistent application of the Staff Regulations, in particular Article 16 thereof, in order to prevent conflicts of interests, in particular – but not only – concerning senior officials; is concerned about the EEAS' seeming lack of commitment in this regard as became evident through its handling of recent revolving door cases; calls on the EEAS to systematically review potentially problematic transitions to the private sector or to third countries organisations and to continue to monitor the occupation of the former senior official until the end of the mandatory cooling-off period;
Amendment 44 #
2020/2149(DEC)
Motion for a resolution
Paragraph 40
Paragraph 40
40. IDeeply regrets that the EEAS has not published any of its decisions on occupational activities of former senior officials for six years, including 2019, in breach of its obligations under Article 16 of the Staff Regulation; welcomes that it has started to publish them in 2020, including the retrospective publishing of decisions from previous years; insists in this regard that the EEAS from now on publishes annually its decisions on occupational activities of former senior officials on an annual basis and that it monitors on a constant basis whether they adhere to the conditions imposed on them and, if appropriate, take decisive action to enforce compliance with these conditions;
Amendment 45 #
2020/2149(DEC)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Underlines that Article 16 enables Union institutions to turn down a former official's request to take a specific job if restrictions are not sufficient to protect the legitimate interests of the institutions; fears that it is often not possible to enforce conditions imposed upon post-public employment activities; encourages Union institutions and agencies, therefore, to consider the full range of tools made available under Article 16 of the Staff Regulation;
Amendment 22 #
2020/2143(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes the rules in place governing post-office employment of the members of the CJEU; notes that the code of conduct sets out different kinds of restrictions such as a three-year waiting period during which former members must not represent parties in cases before the CJEU, notes further that former members must not be involved, in any manner whatsoever, in cases which were pending before the court of which they were a member or in cases connected with other cases, whether pending or concluded, which they had dealt with as a member of the court; urges the CJEU to fully implement existing provisions of the code of conduct to regulate cases concerning ‘revolving doors'; asks the CJEU to report back to Parliament on all the actions it undertook over the past four years (since revised code of conduct entered into force on 1 January 2017) to prevent conflicts of interests by regulating cases concerning ‘revolving doors’ after a member leaves the CJEU, including the number of cases it scrutinised, the number of cases for which it issued specific instructions and how the CJEU made sure these instructions were followed;
Amendment 6 #
2020/2142(DEC)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the impossibility to grant discharge to the Council has resulted, since 2009, in more than EUR 6 billion in public funds being spent without democratic scrutiny;
Amendment 11 #
2020/2142(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Is of the opinion that, if no interinstitutional solution is found, Parliament should grant discharge to the Commission only, while continuing with the practice of adopting accompanying resolutions with observations addressed to each of the Union’s institutions and bodies, so as to ensure that no section of the EU budget is implemented without proper scrutiny;
Amendment 15 #
2020/2142(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Takes the view that, while the current situation can be solved through sincere and loyal cooperation between Union institutions, the possibility of a revision of the Treaties could ultimately be considered in order to task the Parliament with the explicit competence to grant discharge to all institutions and bodies individually;
Amendment 16 #
2020/2142(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Reiterates its full endorsement of the Ombudsman’s recommendations following the strategic inquiry on the transparency of the legislative discussions in the preparatory bodies of the Council of the EU; urges the Council to take all necessary measures to implement them without undue delay;
Amendment 3 #
2020/2141(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the specific finding, concerning Parliament, contained in the annual report of the Court for 2019; notes with concern that the Court found errors in one payment to one of the European political parties, which concerned non- compliance with the expenditure eligibility rules, specifically, no written contractual documents and no supporting evidence for costs actually incurred were provided; regrets the fact that the Court had reported similar shortcomings in transactions relating to political groups and to a European party in its annual reports in 2014, 2015 and 2016; notes, however, that although there is always scope for improvement there has been a lot of positive development over recent years;
Amendment 4 #
2020/2141(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes the response given by Parliament in the adversarial procedure with the Court, which re-examined and addressed the individual cases highlighted as a result of the Court’s findings; recalls that, while Parliament’s administration is the authorising service for the payment of the grant towards the European political parties, it is not responsible for their actual expenditure, and that the European political parties are themselves responsible for the legality and regularity of their transactions; notes that Parliament provided European political parties with comprehensive information and guidance on topics in respect of which problems have been identified; calls on the Court to check the European political parties' spending on a regular bases;
Amendment 5 #
2020/2141(DEC)
Motion for a resolution
Paragraph 13 – indent 1
Paragraph 13 – indent 1
- with regard to the audit of procurement and contract implementation in the catering sector (DG INLO), achieving the internal control objectives through, notably, allowing longer time- limits for procurement that are proportionate to the complexity of the specifications; ensuring clearer, more relevant and accurate tender specifications; ensuring a transparent evaluation of tenders that is based on the published criteria and is properly documented; validating ad hoc contracts on concessions with the legal service; the critical importance of managing amendments to concession contracts in line with the rules; improved management monitoring and reporting; recalls that these segments are essential for ensuring that public procurement procedures attract more offers, securing better competition and improved services over a certain time period;
Amendment 7 #
2020/2141(DEC)
Motion for a resolution
Paragraph 13 – indent 2
Paragraph 13 – indent 2
- with regard to the audit of visitors’ groups, increasing the assurance of the efficiency and effectivenessregularity of payments and efficiency of implementation of the rules on financial contributions, including better definitions of eligible costs and of the eligibility period; improving the adequacy and effectiveness of ex-ante and ex-post controls over reimbursements; ensuring full compliance of the defrayal of visitors’ groups with the applicable rules; measures to ensure the full realisation of the visitors’ groups programme;
Amendment 8 #
2020/2141(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the 2019 follow-up process resulted in the closure of 36 of the 93 open actions; notes with concern that in addition to these validated actions, there was a total of 124 open actions from audit reports, including those not yet due for implementation, and that 62 of this total number of actions address significant risk; expects an effort from different directorates-general’s in ensuring that the overdue actions are closed and that the agreed actions will be implemented in accordance with the set due-dates; calls on the Secretary General to report back to the discharge authority on the closure of the remaining actions during his hearings in the Committee on Budgetary Control in October and November 2021;
Amendment 9 #
2020/2141(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. In the light of publicly declaring transparency as one of the leading principles of Parliament’s work, deeply regrets that Parliament’s internal audit reports are not published once the internal auditor has finalised them and that even Members may only read them in the secure reading room for as long as recommended measures have not been implemented; takes note of Article 118(9) of the Financial Regulation and calls on Parliament’s bureau to allow Members immediate, full access to the internal audit reports by changing the confidentiality level of those reports to ‘internal report’; further calls on the Bureau to make each internal audit report available to the public one year after its finalisation, once the internal auditor has validated the previous year’s recommendations;
Amendment 12 #
2020/2141(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. NotDeplores the fact that no action has been taken in response to some of the recommendations in Parliament's resolution on discharge for 2018, and that the discharge follow-up document does not provide any justification for this; stresses the importance of havingdemands more frequent discussions with the Secretary-General on issues concerning Parliament's budget and its implementation in Parliament’s Committee on Budgetary Control; invites the bureau to adopt internal rules that describe its decision making;
Amendment 14 #
2020/2141(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Acknowledges the steps taken to ease the transition to the new provider of services for Parliament's Crèche; calls on the relevant services to continuously monitor the performance of the new team, guaranteeing that the level of services remains satisfactory, and between others, making sure that a sufficient ratio of care-taking personal to children is respected;
Amendment 16 #
2020/2141(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that the use of cash payments has decreased significantly, and that Members have used the possibility offered by the revised rules to give the financial responsibility of sponsored visits to professionals, i.e. paying agents or travel agencies instead of accredited parliamentary assistants (‘APAs’); notes, however, with concern that the Secretary- General has not yet released an assessment of the new rules and calls for preparing of such assessment; emphasises that the experience of the internal auditor should be taken into account in the assessment of the existing proceduresconsulted on existing procedures when preparing such assessment;
Amendment 22 #
2020/2141(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that Rule 11 of the Rules of Procedure has introduced an obligation for rapporteurs, shadow rapporteurs and committee chairs to publish information on meetings held with interest representatives in the context of their reports; notes with satisfaction that, since the start of the new legislature, the necessary infrastructure has been available on Parliament’s website to allow Members to publish scheduled meetings with interested representatives in order to improve transparency; stresses, however, that the tool for publication of meetings needs further improvement in order to fulfil its function to make Parliament more open, transparent, and accountable to citizens;
Amendment 26 #
2020/2141(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Reiterates that Parliament’s President has instructed Parliament’s services to implement a number of changes to the tool to improve its user- friendliness, first and foremost by connecting it to the Transparency Register and Legislative Observatory; calls on Parliament to put in place these changes without any further delay;
Amendment 28 #
2020/2141(DEC)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Notes that 324 out of the 705 of current Members had published at least one meeting with an interest representative by 1 December 2020 on Parliament’s website; urges Parliament to take appropriate measures to ensure that all rapporteurs, shadow rapporteurs and committee chairs comply with the obligation to publish their lobby meetings, including by enhancing its communication towards Members about the obligation of publishing such information, and to further encourage the publication of lobby meetings on Parliament’s website in all other cases as well;
Amendment 49 #
2020/2141(DEC)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Stresses the need for the revival of the debating culture in Parliament; welcomes the decision to require members to give speeches from the lectern facing the plenary; believes that the debating culture can also be improved by allowing sufficient time for the exchange of arguments and counter-arguments, for instance by extending the blue card procedure;
Amendment 52 #
2020/2141(DEC)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Recalls that in 2019 Parliament’s internal auditor started an audit on the implementation of the new rules, and that in his findings, finalised in 2020, the internal auditor highlighted that financial contributions for the visitors’ groups should be further aligned with the real costs incurred by the groups, that ex-ante controls should be reinforced when the first contribution is paid out, and that the existing system of ex-post controls should be reinforced; reiterates that the findings of internal auditor should be taken into account when evaluating existing procedures and developing tighter ex-ante controls in order to avoid possibilities for accumulating money beyond controls; demands further assessing the current level of ex-post controls;
Amendment 57 #
2020/2141(DEC)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46 a. In the light of the shift to ‘remote work/work from home’ mode that started as the consequence of the COVID-19 pandemic in 2020 and will at least in part remain in place for years to come calls on Bureau to update the "Beyond 2019" building strategy to take proper note of the recent changes in the working environment;
Amendment 59 #
2020/2141(DEC)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Expresses concern over the overdue actions agreed with the internal auditor in 2018 addressing significant residual risks regarding building maintenance, refurbishment and operation; calls on the Bureau to adopt a comprehensive maintenance policy and report back to the discharge authority; welcomes the gradual phasing out of contracts regarding externalised management functions and the savings this generates;
Amendment 72 #
2020/2141(DEC)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Takes note of the immediate actions, approved by the Bureau at its meeting of 22 July 2020, which included an awareness campaign, protection of valuable IT equipment, prior notification of maintenance works, and provisions of separate master keys for each floor and strict limitation of their distribution; expects Parliament to adoptconsider long-term measures to prevent thefts including among those envisagproposed the introduction of different levels of access rights within Parliament’s premises, increased CCTV coverage, and further actions relating to keys’ management policy, including the possibility of installing electronic door locks taking due account of the necessary proportionality between the investments needed and the actual value of stolen items, as well as the preservation of privacy;
Amendment 79 #
2020/2141(DEC)
Motion for a resolution
Paragraph 65 b (new)
Paragraph 65 b (new)
Amendment 80 #
2020/2141(DEC)
Motion for a resolution
Paragraph 65 c (new)
Paragraph 65 c (new)
65 c. Reminds its preference for free and open source software solutions to proprietary ones when considering new internal applications; asks for situations to be reported to the ICT governing bodies when open source solutions are not chosen;
Amendment 84 #
2020/2141(DEC)
Motion for a resolution
Paragraph 71 a (new)
Paragraph 71 a (new)
71 a. Reminds that these politically significant requirements of the cloud policy, i.e. on the decision at the highest level on what categories of data may go to the cloud or not, on the definition of sovereign cloud or on the choice of providers, have been expressed by Parliament's Vice-Presidents, and need to betaken into account in the adoption process of the cloud policy by the Bureau, before any contract with a cloud service provider is signed;
Amendment 85 #
2020/2141(DEC)
Motion for a resolution
Paragraph 71 b (new)
Paragraph 71 b (new)
71 b. Requests that the right for Members and assistants to use free and open source office software be ensured;
Amendment 86 #
2020/2141(DEC)
Motion for a resolution
Paragraph 71 c (new)
Paragraph 71 c (new)
71 c. Reminds the need to have a more user-friendly, systematic and coordinated approach for creating and converting data of public interest under open, machine- readable format, easily accessible and re- usable for the users; reiterates the importance of having its proper open data policy; asks the relevant services to submit to the Bureau a draft for approval;
Amendment 87 #
2020/2141(DEC)
Motion for a resolution
Paragraph 71 e (new)
Paragraph 71 e (new)
71 e. Reminds the importance of developing technological tools that enable Members to interact with citizens; asks its relevant services to test and develop opensource platforms based on open standards where citizens can interact and share with Members their ideas and their draft amendments on future legislation;
Amendment 88 #
2020/2141(DEC)
Motion for a resolution
Paragraph 71 f (new)
Paragraph 71 f (new)
71 f. Considers that AI used by Parliament's administration should be released as open source software, under the public procurement procedure, with software documentation and algorithms being accessible and thus allowing competent authorities to review how the AI system arrived at a certain conclusion; emphasises that a fundamental rights audit should be part of a prior conformity assessment;
Amendment 89 #
2020/2141(DEC)
Motion for a resolution
Paragraph 71 g (new)
Paragraph 71 g (new)
71 g. Reminds that the overarching principle of the cloud strategy is to secure information and protect data, which requires a specific categorisation of data based on data protection and security assessments; asks the Bureau to approve, after consideration of the risk analysis prepared by the relevant services, what data categories and applications may go to the cloud and what should be retained in Parliament only;
Amendment 90 #
2020/2141(DEC)
Motion for a resolution
Paragraph 71 h (new)
Paragraph 71 h (new)
71 h. Reminds the need to ensure no cloud vendor lock-in effects and achieve higher security by using open source software and open standards wherever possible;
Amendment 91 #
2020/2141(DEC)
Motion for a resolution
Paragraph 71 d (new)
Paragraph 71 d (new)
71 d. Requests that a space on Parliament’s website is created, where the plenary voting record of each Member would be available and the repartition of votes per political groups and nationality of Members visible; invites the relevant services to study the feasibility and test the visualisation of the most recent signed amendments in committees and plenary of volunteering Members on their personal Parliament website page;
Amendment 94 #
2020/2141(DEC)
Motion for a resolution
Paragraph 72 a (new)
Paragraph 72 a (new)
72 a. Notes that the Wi-fi provided at Parliament's premises in Brussels is frequently unstable and does not provide for undisturbed meetings during virtual video calls; asks Parliament to upgrade the current system to the level of performance needed for a full remote working method of Parliament;
Amendment 101 #
Amendment 102 #
2020/2141(DEC)
Motion for a resolution
Paragraph 72 b (new)
Paragraph 72 b (new)
72 b. Notes with grave concern that according to the Transparency Register’s Annual Reports in past years, around half of all entries in the Register are incorrect; fears that the Register cannot fulfil its purpose of providing greater transparency on the activities of interest representatives if half of its entries provide incomplete or incorrect information; urges Parliament and the Commission to address the high rate of incorrect entries by increasing, at least temporarily, the Joint Transparency Register’s Secretariat’s Staff, systematically scan all entries for correctness and completeness, and ensure that only correct entries find a way to the register;
Amendment 103 #
2020/2141(DEC)
Motion for a resolution
Paragraph 72 c (new)
Paragraph 72 c (new)
72 c. Recalls that Members were obliged to supply greater detail in their declarations of financial interest in relation to category 5 salary band in 2017; regrets that Members are still not required to provide sufficient detail on paid or unpaid outside activities which makes it impossible to check whether such an activity can result in a conflict of interests with their parliamentary activity; calls on the Bureau to update the format of the declarations to require that Members declare their outside activities with sufficient detail; encourages consultations in this regard with relevant Member State authorities in order to exchange best practices; calls on the bureau to empower parliamentary services to request additional information from Members’ parliamentary services to improve monitoring and verification mechanisms of the declarations, that would include detailed checks of at least those declarations in which comparatively high side incomes are indicated;
Amendment 105 #
2020/2141(DEC)
Motion for a resolution
Paragraph 73 a (new)
Paragraph 73 a (new)
73 a. Notes that as an outcome of the 2019 elections, the proportion of new Members in the 9th Legislature reached a high of 61%; highlights that in the context of the increasing number of former Members, the Secretary-General and the Bureau should establish strong rules to regulate revolving doors, requiring former Members to inform Parliament of their post-mandate activities and employment over a period that extends at least over the time former Members receive the end of term transitional allowance; calls for an independent assessment on whether such activities create conflicts of interests;
Amendment 107 #
2020/2141(DEC)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Is convinced that the attractiveness of Parliament as an employer is a key component of its success; is deeply concerned by the difficulties encountered in recruiting some nationalities and bringing certain job profiles in-house; regretsis opposed to Parliament’s over-dependence on external expertise; notes that DG PERS is currently running the project ‘Attracting and retaining top talent’ that aims at improving Parliament’s policies to attract and retain talent and at contributing to the development of Parliament’s long-term strategic vision on the jobs of the future; calls on the Secretary-General to do his utmost in order to reach a geographical balance for Parliament’s staff, both on the total number by country and on the number of in terms of proportional representation per Member State, including in management positions and to explore all available options in order to increase the competitiveness of Parliament as an employer;
Amendment 110 #
2020/2141(DEC)
Motion for a resolution
Paragraph 76
Paragraph 76
76. Voices great concern furthermore at the fact that it is very difficult for DG ITEC to recruit enough highly qualified experts with very specific profiles, knowledge and experience; calls on Parliament to ensure that this request is properly transmitted to the European Personnel Selection Office to better respond to such specific needs of Union institutions, in particular related to Parliament ICT expertise in the area of cybersecurity, cloud computing and artificial intelligence; deploresstrongly disagrees with Parliament’s over-reliance on external consultants and stresses the importance for DG ITEC to further develop its strategy ‘From external consultants to contract staff’ in order to minimise the security risks for Parliament;
Amendment 116 #
2020/2141(DEC)
Motion for a resolution
Paragraph 78 a (new)
Paragraph 78 a (new)
78 a. Notes that teleworking arrangements and remote voting are now part of Parliament’s working arrangements for Members; calls on Parliament’s secretariat to continue facilitating these arrangements for Members on maternity, parental, carers, sick or special leave and explore using the arrangements in the future also, so as to allow Members to both hold meetings in their constituencies as well as with their colleagues in Brussels in what could be ‘hybrid’ weeks;
Amendment 121 #
2020/2141(DEC)
Motion for a resolution
Paragraph 79
Paragraph 79
79. Draws attention to the 6% staff reduction target, that in 2019 required Parliament to eliminate 59 posts from its administration establishment plan; acknowledges the simultaneous increase in the number of contractual agents; is concerned by the negative effects of this significant reduction on Parliament’s performance, both in the short and long term; calls for the reassessment of the staffing situation;
Amendment 130 #
2020/2141(DEC)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Is deeply worried about the number of members of staff on long-term sick leave; is concerned that as some of those cases may relate to exhaustion and disturbed work-life balance; calls on the administration and leaderships of political groups to be proactive towards the concerned staff, to carefully evaluate the staff workload and to ensure a balanced distribution of tasks; welcomes the ‘Mind Matters’ campaign launch in 2018 by DG PERS to raise awareness and combat stigma related to mental health; urges Parliament and leaderships of political groups to conduct a psychological risk assessment to detect psychological risks in the work environment and to develop targeted action plans to either eliminate them, or mitigate their negative impact; calls for reassessment of the applicable rules to enable quicker hiring of substitutes in cases of long-term sick leave;
Amendment 133 #
2020/2141(DEC)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Welcomes the development of measures that contribute to a better balancing of professional and private life including the implementation of extended teleworking possibilities for Parliament’s staff and of measures promoting well-being at work; however, highlights the value of physical presence in Parliament; highlights the contribution of teleworking arrangements and remote voting to the further reduction of Parliament’s carbon footprint; stresses the need for Parliament's staff and Members to be provided the opportunity to continue the conduct of so-called hybrid meetings as well as remote voting; calls on the Bureau to continue providing instruments to facilitate these arrangements in future;
Amendment 135 #
2020/2141(DEC)
Motion for a resolution
Paragraph 82 a (new)
Paragraph 82 a (new)
82 a. Deplores the fact that no system exists for Members who are on maternity leave or on long-term sick leave to temporarily continue their work remotely; is of the opinion that this impossibility is fundamentally at odds with core values of the Union because it sends the signal that a vote on a female candidate may entail temporary non-representation; therefore, building on the experience accumulated during the Covid-19 pandemic, calls on the development of a hybrid working method which allows for Members on maternity leave or long-term sick leave to participate on meetings and vote online if they wish do so;
Amendment 137 #
2020/2141(DEC)
Motion for a resolution
Paragraph 82 a (new)
Paragraph 82 a (new)
Amendment 139 #
2020/2141(DEC)
Motion for a resolution
Paragraph 83
Paragraph 83
83. Supports the launch of an awareness raising campaign in 2019 to promote a zero-tolerance policy on harassment in the workplace; recognises Parliament’s zero tolerance policy towards harassment at any and all levels including Members, staff and APAs; notes that following the 2019 elections, all Members were required to sign a declaration confirming their commitment to complying with the code of appropriate behaviour incorporated in Parliament's Rules of Procedure in January 2019; however, regrets that 10 new harassment cases were opened in 2019 out of which 4 cases concerned sexual harassment; deeply regrets in this context that the bureau has refused to implement the will of the plenary expressed on several occasions1a to institute anti-harassment trainings for all staff and Members on a compulsory basis; urges the bureau to implement this request without further delay; _________________ 1aEuropean Parliament resolution of 14 May 2020 with observations forming an integral part of the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2018, §115; European Parliament resolution of 26 October 2017 on combating sexual harassment and abuse in the European Union, §17.
Amendment 142 #
2020/2141(DEC)
Motion for a resolution
Paragraph 83
Paragraph 83
83. Supports the launch of an awareness raising campaign in 2019 to promote a zero-tolerance policy on harassment in the workplace; recognises Parliament’s zero tolerance policy towards harassment at any and all levels including Members, staff and APAs; notes that following the 2019 elections, all Members were required to sign a declaration confirming their commitment to complying with the code of appropriate behaviour incorporated in Parliament's Rules of Procedure in January 2019; however, regrets that 10 new harassment cases were opened in 2019 out of which 4 cases concerned sexual harassment; calls for mandatory trainings for Member and staff;
Amendment 143 #
2020/2141(DEC)
Motion for a resolution
Paragraph 83 a (new)
Paragraph 83 a (new)
83 a. Is of the opinion that Parliament should provide basic accommodations for breastfeeding mothers at work, particularly including time and a private space that is not a bathroom;
Amendment 144 #
2020/2141(DEC)
Motion for a resolution
Paragraph 84
Paragraph 84
84. Is aware of the 38 cases involving Parliament pending with European Anti- Fraud Office in 2019 ranging from the proper use of parliamentary allowances and staff conduct to the financing of European political structures; points out the fact that 14 cases were closed in 2019; expresses its strong concern for the high number of cases; asks the parliamentary services to conduct an in-depth analysis of the existing financial, legal, ethical and integrity risks which gave rise to these cases and to propose preventive measures so as to ensure these are not repeated;
Amendment 146 #
2020/2141(DEC)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Welcomes the fact that there were no cases of whistleblowing recorded by Parliament in 2019;Notes the fact that there were no cases of whistleblowing recorded by Parliament in 2019; recalls that whistleblowing rules only apply to staff and do not extend to APAs or local assistants and current rules fail to guarantee adequate employment protection in such situations; calls on the Secretary General and the Bureau to develop comprehensive rules and safe procedures for whistleblowing, applicable to all categories of Parliament employees; reiterates its call on Parliament to fully adapt its own internal rules in the Staff Regulations to the Directive (EU) 2019/19371a, including by setting up secure channels for reporting; further requests that Parliament guarantees the same level of protection to whistleblowers as it does to victims of harassment, including the establishment of an advisory committee dealing with the protection of whistleblowers; reiterates its request for information campaigns and mandatory training for all categories of Parliament's employees, including line managers to raise awareness among parliamentary staff on their whistleblower protections and their duty under the Staff Regulations to report illegal activities or maladministration; _________________ 1aDirective (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, 26.11.2019, p. 170).
Amendment 153 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Welcomes the introduction of a wider and more sustainable food choice, including the introduction of a greater variety of vegetarian and vegan products, in Parliament’s self-service canteen; notes the launch of an independent client satisfaction survey via the Happy or Not terminals setup in the main outlets in Brussels, Strasbourg and Luxembourg aiming at identifying the outlets where changes and improvements are necessary; observes that The Happy or Not terminal has shown a constant and solid improvement rating of the catering services in the Kohl and Martens buildings, while the satisfaction rate is lower in the Spinelli and Paul-Henri Spaak buildings; calls for the necessary changes to adapt to clients’ needs;
Amendment 155 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86 a. Expresses strong concern for the working conditions of two of the external concessions contracted by Parliament, namely the cleaning and the restauration staff of Parliament, and strongly recommends that DG INLO organises an independent survey about the satisfaction with the working conditions of the staff concerned subcontracted by Parliament, in order to ensure respect and dignity at work; notes that such a survey was recommended in the previous Parliament discharge report, but that it was not followed up on; repeats this recommendation and urges the Bureau to act on this; calls for an evaluation of Parliament’s public procurement policy in light of improving transparent and predictable working conditions for all subcontracted services; calls on Parliament to report to the discharge authority on the results of such evaluation;
Amendment 161 #
2020/2141(DEC)
Motion for a resolution
Subheading 15 a (new)
Subheading 15 a (new)
Plenary sessions taking place in Strasbourg
Amendment 165 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 d (new)
Paragraph 86 d (new)
Amendment 168 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86 a. Points out that the additional expenditure involved in not having a single seat goes against the principle of sound financial management and against the principle of budgetary discipline; recalls that a vast majority of Parliament expressed in various resolutions support for a single seat to ensure efficient spending of Union’s taxpayers money; notes that the Court estimated that the end of moving from Strasbourg to Brussels could generate annual savings of EUR 114 million plus a one-off saving of EUR 616 million if the Strasbourg buildings are successfully divested, or a one-off cost of EUR 40 million if they are not; notes that a single seat can only be achieved by a unanimous Treaty change; urges the Council to take note of Parliament's position;
Amendment 179 #
2020/2141(DEC)
Motion for a resolution
Paragraph 87
Paragraph 87
87. Recalls Article 27(1) and (2) of the Statute for Members of the Parliament which states that “the voluntary pension fund set up by Parliament shall be maintained after the entry into force of this Statute for Members or former Members who have already acquired rights or future entitlements in that fund” and that “acquired rights and future entitlements shall be maintained in full”; is however convinced of the need to further explain the legal consequences of the rules and/or to modify the rules; asks the Secretary- General to guarantee that no taxpayer money is used for the future payments
Amendment 180 #
2020/2141(DEC)
Motion for a resolution
Paragraph 87 a (new)
Paragraph 87 a (new)
87 a. Recalls paragraph 118 of the 2017 Parliament discharge Resolution which called to investigate the legal foundations of the Voluntary Pension Fund and in particular, whether Parliament as has a legal obligation to guarantee that future entitlements shall be maintained in full and to fill the potential deficits of the fund or put fresh money in to the fund, given that the Voluntary Pension Fund is a SICAV investment fund under Luxembourg law rather than a regular pension fund, which would imply that there is in principle no such obligation; regrets that the Secretary-General has not yet come forward with any findings in response to the investigation called for;
Amendment 181 #
2020/2141(DEC)
Motion for a resolution
Paragraph 87 b (new)
Paragraph 87 b (new)
Amendment 182 #
2020/2141(DEC)
Motion for a resolution
Paragraph 87 c (new)
Paragraph 87 c (new)
87 c. Recalls that for all beneficiaries of the voluntary pension fund the benefits represent an additional rather than their only source of income; underlines that due to a low-interest-rate environment, the amount of defined benefit schemes has radically declined across the Union; objects against sheltering former members of Parliament from this dynamic; rejects any situation in which the actuarial deficit of the fund leads to any form of bail-out with taxpayer money;
Amendment 188 #
2020/2141(DEC)
Motion for a resolution
Subheading 15
Subheading 15
Amendment 189 #
2020/2141(DEC)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Supports the use of the Community eco-management and audit scheme (EMAS), which is a management instrument of the Union for private and public organisations to evaluate and improve their environmental performance in accordance with Regulation 1221/200910 ; acknowledges that the Parliament is the first Union institution to become carbon neutral in 2016 due to offsetting 100% of its irreducible emissions; supports measures taken to reduce Parliament’s emissions even further including to increase teleworking targets in the different directorates-general, limit and optimise travel time for missions and encouraging the use of sustainable transport modes e.g. by increasing the number of parking spots for bikes; _________________ 10Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1).
Amendment 193 #
2020/2141(DEC)
Motion for a resolution
Paragraph 93
Paragraph 93
93. WelcomNotes that the percentage of renewable energy supplied to Parliament in 2019 wasremained at 67%, the majority of this figure coming from the purchase of green electricity; calls on Parliament to further increase the percentage of renewable energy supplied to Parliament with a view to achieving a 100% renewable energy supply as soon as possible, including by using Parliament’s roof to produce its own solar power;
Amendment 194 #
2020/2141(DEC)
Motion for a resolution
Paragraph 95
Paragraph 95
95. Congratulates the Directorate- General for Infrastructure and Logistics forWelcomes the successful internalisation of the car service and welcomes the gradual shift to zero-emission vehicles with a view to having a carbon-neutral service fleet by 2024 at the latest; acknowledges the big daily operations and commends the work of the service, which has achieved a high satisfaction rate amongst the Members;
Amendment 196 #
2020/2141(DEC)
Motion for a resolution
Paragraph 95 a (new)
Paragraph 95 a (new)
95 a. Is concerned by the fact that out of the 340 persons that the Parliament’s vehicle fleet has a capacity to theoretically carry on the way to Strasbourg per plenary session, only 116 Members and APAs made use of this opportunity in 2019, which corresponds to an occupation rate of less than 3percent;, urges the Secretary-General to introduce a user- friendly on-line booking system and allow this option of travel to Strasbourg to Political Groups’ and all other staff, too; further requests Parliament to lift the obligation on APAs to use the fleet to go from Brussels to Strasbourg only when accompanied by their Member;
Amendment 198 #
2020/2141(DEC)
Motion for a resolution
Paragraph 96
Paragraph 96
96. Welcomes the adoption by the Bureau, on 16 December 2019, of new ambitious key performance indicators targets for Parliament’s environmental management system, including a 40% carbon emission reduction target, with a date of 2024 for the new legislative term; calls for the efficient implementation of the necessary actions in order to achieve the target on time and regular reporting to the discharge authority on the progress made; further calls on Parliament to re-evaluate its EMAS target in light of the emissions reductions caused by the COVID-19 pandemic;
Amendment 199 #
2020/2141(DEC)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Commends Parliament’s commitment to green public procurement; notes that Parliament’s with the objective is to increase the value- weighted percentage of contracts among certain priority products classified as ‘Green’, ‘Very Green’ or ‘Green by Nature’; commendnotes the fact that 89,1% of contracts by value in priority- product categories in 2019 were classified as ‘Green’ or ‘Very Green’, or ‘Green by Nature’ in 2019; welcomes the adoption by the Bureau, on 16 December 2019, of a new ambitious key performance indicators target for green public procurement, meaning that on average 90% of contracts in priority-product categories should be classified as ‘Green’, or ‘Green by Nature’ over the 2020-2024 period; underlines the need to develop further green public procurement by setting ambitious targets for greening contracts in the medium term;
Amendment 201 #
2020/2141(DEC)
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97 a. Welcomes the adoption by the Bureau, on 16 December 2019, of a new ambitious key performance indicators target for green public procurement, meaning that on average 90% of contracts in priority-product categories should be classified as ‘Green’, or ‘Green by Nature’ over the 2020-2024 period; underlines the need to develop further green public procurement by setting ambitious targets for greening contracts in the medium term;
Amendment 204 #
2020/2141(DEC)
Motion for a resolution
Paragraph 98 a (new)
Paragraph 98 a (new)
98 a. Recalls Parliament’s goals of further reducing its emissions and underlines that the least polluting way of necessary air travel is the possibility of direct flights and flexible airline tickets; calls on Parliament's travel agency to make this their default option when choosing travel arrangements;
Amendment 209 #
2020/2141(DEC)
Motion for a resolution
Paragraph 106
Paragraph 106
106. CondemnDisaproves the long back-logs regarding reimbursements of travel expenses in 2019; calls for ensuring and maintaining sufficient resources for DG FINS and for those resources to be allocated in a way that avoids the accumulation of backlogs;
Amendment 210 #
2020/2141(DEC)
Motion for a resolution
Paragraph 108
Paragraph 108
Amendment 211 #
2020/2141(DEC)
Motion for a resolution
Paragraph 109
Paragraph 109
109. Recalls the decision that all Members shallould have a separate bank account to receive the general expenditure allowance; welcomes Parliament’s strict implementation of this obligation which resulted in a 100% compliance rate;
Amendment 215 #
2020/2141(DEC)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Recalls Rule 11(4) of Parliament’s Rules of Procedure, as adopted by the Bureau on 11 March 2019, which provides that “The Bureau shall provide the necessary infrastructure on Members’ online page on Parliament’s website for those Members who wish to publish a voluntary audit or confirmation, as provided for under the applicable rules of the Statute for Members and its implementing rules, that their use of the General Expenditure Allowance complies with the applicable rules of the Statute for Members and its implementing measures”; notes that such publications are made individually and optionally ucalls on parliamentary services to send a yearly reminder theo Members’ own resf this ponssibility and that; calls on Parliament’s administration is not responsible for compiling the information provided to regularly inform the discharge authority of how many Members follow these recommendations;
Amendment 216 #
2020/2141(DEC)
Motion for a resolution
Paragraph 111
Paragraph 111
111. Highlights that the 2018 Bureau decision on the general expenditure allowance stipulates that the Bureau will maintain this decision until the end of 2022 and will evaluate it on the basis of the experience gained during the 9th parliamentary term; stresses that any new voluntary and/or optional measures for greater transparency and financial accountability should not create unnecessary bureaucracy for Members and their offices;regrets that the bureau continues to neglect the plenary’s will expressed on numerous occasions1a to further reform the general expenditure allowance, thereby actively preventing that Members’ expenses of Union taxpayers’ money become more transparent and accountable; urges the bureau to immediately implement the Plenary’s decisions from the 2017 and 2018 Parliament’s discharge reports introducing changes to the rules governing the general expenditure allowance; _________________ 1aDischarge 2017: General budget of the EU - European Parliament, March 26th, 2019; Discharge 2018: General budget of the EU - European Parliament, May 14th, 2020.
Amendment 219 #
2020/2141(DEC)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111 a. Is of the opinion that the current non-exhaustive list of expenditure is not sufficiently clear and leaves therefore loopholes and room for misinterpretation, calls on the Bureau to establish an exhaustive list of expenditure or at least establish a negative list of expenditure;
Amendment 220 #
2020/2141(DEC)
Motion for a resolution
Paragraph 115 a (new)
Paragraph 115 a (new)
115 a. Regrets that there have been 1 369 single bidder tenders among all public tenders for contracts for the purchase of goods and services by Parliament; notes that single bidder tenders carry a significant threat to the proper spending of public money; calls on Parliament to investigate the reasons for the apparent lack of competition and take necessary measures to prevent single bidder tenders in future procedures;
Amendment 1 #
2020/2140(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes note of European Commission’s assessment that the Connecting Europe Facility (CEF) presents a low risk of error; requests however that the Commission, together with the Court and OLAF, closely monitor the EU transport projects, as public investment in infrastructure is particularly sensitive to fraud; considers this essential not only to ensure transparency that prevents corruption and misuse of taxpayers' money, but also to ensure that the highest safety standards for the users are not compromised;
Amendment 9 #
2020/2140(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Reiterates its support to the addition of a pillar of military mobility to TEN-T policy with adoption of the Action Plan in March 2018; regrets that the proposal by the Commission and European ParliamentWelcomes that the proposal to include a new envelope dedicated to military mobility needs of EUR 6,5 billion under the CEF budget for 2021-2027 has been drastically reduced;
Amendment 12 #
2020/2140(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates the Parliament’s request for the creation of a new budgetary line for Sustainable Tourism, to support thise recovery and transformation of a sector severely hit by the Covid-19 crisis and make it resilient for the future and compliant with the European Green Deal ambitions; welcomes that the Court has launched an audit to assess tourism projects co-funded with EUR 6.4 billion in 2007-2013 and EUR 4 billion so far in 2014-2020 ERDF and Cohesion Fund money, which will help improving EU Tourism policies;
Amendment 24 #
2020/2140(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that the new regulation on a general regime of conditionality for the protection of the Union budget is applicable since 1st January 2021;stresses that the Court of Justice of the European Union has already unequivocally established in its recent judgment in case C-5/16 Poland v EP & Council[1]that statements contained in European Council Conclusions cannot prevail over or modify the text of the regulation;calls therefore on the European Commission, as “Guardian of the Treaties" to apply the regulation from the date it entered into force and start the rule of law mechanisms when it is necessary; [1] Judgment of 21 June 2018, EU:C:2018:483.
Amendment 32 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Deplores the fact that the implementation of the CAP and the Cohesion Policy in EU Member States has in total 292 reporting systems, which makes the data fragmented and non- comparable, and prevents the effective use of AI and big data to control the funds; deplores the fact that none of the CAP and Cohesion policy reporting systems contains information on the ultimate beneficiaries, that disclosing this information is not legally required, and that not all information on beneficial owners of the companies is available in the national central registers of all Member States; calls on the Commission remedy the situation as a matter of urgency to create a unified reporting system which is updated automatically with comparable and timely data to make the system capable of monitoring, controlling with the use of AI and big data; calls on the Commission to make the publication of all information on beneficial owners as a legal requirement as a prerequisite for the use of EU funds as a matter of urgency;
Amendment 37 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls that Commission established the Early Detection and Exclusion System to reinforce the protection of the Union's financial interests and to ensure sound financial management and to ensure that those companies and beneficial owners cannot benefit from EU funds who have been convicted in relation of fraud or corruption or other criminal activities related to use of Union funds, or against whom at least OLAF issued judicial recommendations to the criminal authorities of the Member States as of 1 January 2016; deplores the fact that this “EU blacklist” contains only 5 companies at the moment, is of the opinion that this tool could help the EU institutions and national bodies to better fight and prevent corruption and fraud in the Member States; calls therefore on the Commission to improve its use of this tool to connect the blacklist to the OLAF and EPPO and the national databases and create an automated system, which updates this database with reliable and timely information;
Amendment 61 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to pay increased attention and allocate increased staff and budget of the Commission to Member States, whose management and control systems are only partially or not reliable, where there is an increased risk of fraud and corruption related to funds and especially those Member States who did not join to the European Public Prosecutor’s Office;
Amendment 16 #
2020/2133(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas citizens’ trust in public institutions and decision-making processes is a pillar of any democratic government and requires exemplarity, integrity, transparency, accountability as well as the highest standards of ethical behaviour;
Amendment 17 #
2020/2133(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. Whereas the absence of undue influence of interest representatives, including through providing paid activities for Members of Parliament, gifts or travel invitations, creating expectations for future employment following Members’ termination of mandate and official’s termination of service, undue use of information or contacts is key to ensure democratic processes are not captured and citizens rights are fully respected;
Amendment 21 #
2020/2133(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the shortcomings of the current EU ethics framework derive largely from the fact that it relies on a self- regulatory approach which has proven to lack the independence indispensable to a satisfactory implementation of the rules and lacks adequate human and financial resources and competences to verify information;
Amendment 26 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, as a consequence, multiple cases of unethical conduct and their inadequate handling by the EU institutions have harmed the trust which European citizens place in the EU institutions and severely contributed to damaging the reputation of the European Union;
Amendment 30 #
2020/2133(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas, according to the reports published by Transparency International more than 50% of ex-Commissioners and 30% of ex-Members work for organisations falling under the scope of the EU lobby register, 60% of the Members have declared outside activities, 31% of MEPs declared paid side jobs; Whereas, when not properly regulated, these situations can lead to conflict of interest, undue influence and regulatory capture;
Amendment 31 #
2020/2133(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the current ethics standards framework appears to be highly fragmented, with different rules in different institutions, different processes and levels of enforcement even for the same EU staff regulations in different EU institutions, agencies and bodies, thus creating a complex system which is difficult for both EU citizens and for those who have to respect the rules to understand;
Amendment 33 #
2020/2133(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas the example of the “Haute Autorité pour la Transparence de la Vie Publique” in France demonstrates that a single and independent body responsible for the monitoring, enforcement and sanctioning of ethics rules applicable to public bodies is an effective powerful tool able to achieve a long-lasting reduction of unethical behaviour;
Amendment 37 #
2020/2133(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Meroni doctrine developed by the Court of Justice of the European Union (CJEU) allows for the delegation of EU institutions’ competences to external bodies, including competences that are not yet exercised;
Amendment 53 #
2020/2133(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that a single independent EU ethics body is necessary to ensure the consistent and full implementation of ethics standards across the EU institutions to guarantee that public decisions are not captured by private interests but driven solely by democratic processes, taken in light of the common good and to regain and maintain citizens’ trust in the European institutions; ; proposes the conclusion of an interinstitutional agreement (IIA) based on Article 195 (TFEU) to set up an EU Ethics Body for Parliament and the Commission open to the participation of all EU institutions, agencies and bodies; recommends that the IIA contain the following provisions:
Amendment 75 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
- Parliament’'s Rules of Procedure: Rules 2, 10 (5 and 6), 11, 176(1), Annex I, (Articles 1 to 3, 4(6), 5 and 6 and8), Annex II,
Amendment 78 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
- the Commission’s Rules of Procedure: Article 9, its Code of Conduct, Article 2 and Articles 5-11to 13, and Annex II, and its Decision of 25 November 2014 on the publication of information on meetings held between Members of the Commission and organisations or self-employed individuals, and the same decision for Directors-General,
Amendment 81 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 4
Paragraph 2 – indent 4
- the Staff Regulation’s Articles 11, 11(a)a, 12, 12(a)a, 12(b)b, 13, 15, 16, 17, 19, 21(a)a, 22, 22(a)a, 22(c)c, 24, 26, 27 and 40, 43, 86, 90- 91a and Annex IX
Amendment 91 #
2020/2133(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reminds that when it comes to individuals covered by the staff regulation, the competence can be delegated to the Independent EU Ethics Body by making use of the enabling clauses in article 2(2) and or 9(1) and would concern the monitoring and enforcement of the ethical obligations while other professional obligations will continue to be enforced by the appointing authorities;
Amendment 92 #
2020/2133(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the IIA should be open to the participation of all EU institutions and bodies and reminds that co-legislators may decide to bind agencies through their founding regulation; believes that the IIA should allow the Ethics Body to conclude agreements with national authorities with a view to ensuring the exchange of information necessary for the performance of its tasks, for example tax information, land registers, data held by national ethics bodies;
Amendment 98 #
2020/2133(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Reminds that competences of the Independent EU Ethics Body over Members are without prejudice of sanctions and procedures foreseen in the Treaties, the Members’ statute, the Parliament’s Rules of Procedure, and the protocol on the privileges and Immunities of the European Union;
Amendment 99 #
2020/2133(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Reminds that the Independent EU Ethics Body competences would not interfere with the competence of the EU Ombudsman, the OLAF or the EU Public Prosecutor or the rights of EU citizens and institutions to address the European General Court or European Court of Justice;
Amendment 103 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the participating institutions should entrust, within the framework of their respective procedural autonomy, the EU Ethics Body with autonomous monitoring powers over ethics standards applicable to them, as well as advisory, investigative and enforcement powers;
Amendment 110 #
2020/2133(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that this autonomous monitoring capacity should include, among others, the verification of the veracity of the declaration of financial interests, , through inter alia a centralised collection of data, the handling of conflicts of interest, checks on transparency obligations and the verification of compliance with revolving doors rules and generally verification of compliance with all provisions of codes of conduct and applicable transparency, ethics and integrity rules;
Amendment 124 #
2020/2133(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view that the EU Ethics Body could also be given authority over the obligations imposed by the Transparency Register including additional formal obligation that might be imposed on EU institutions’ members and staff;
Amendment 137 #
2020/2133(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that in relation to its enforcement powers,order to be fully efficient, the body should merge the roles of existing organs responsible for ethics; Considers that the body cshould take over from the Appointing Authority in dealing with staff ethics obligations, and that in relation to Members of Parliament or Commissioners, the body cshould be grantemerge monitoring, investigatory and enforcement powers within the limits of the provisions contained in the Treaties, and without prejudice to any additional mechanisms provided for in Parliament’s Rules of Procedure, in particular concerning termination of office;
Amendment 141 #
2020/2133(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the EU Ethics Body should be entrusted with advisory tasks in order to provide advice to any individual covered by its scope who wishes to request interpretation of an ethical standard in relation to appropriate conduct in a specific case; Considers that, in order to ensure consistent application of the ethical standards and predictability, advice should be binding for the Independent EU Ethics Body in its judgement on the same matter;
Amendment 149 #
2020/2133(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the decision on the absence of conflicts of interest of Commissioners-designate prior to hearings should remain a competence of Parliament’s Committee on Legal Affairs, while the EU Ethics Body should support the process with the publication of its analysis of each individual case and make its investigative capacities available to the European Parliament;
Amendment 165 #
2020/2133(INI)
13. Considers that its members must be independent, chosen on the basis of their competence, experience and professional qualities, as well as their personal integrity, have an impeccable record of ethical behaviour and provide a declaration of the absence of conflicts of interest; is of the opinion that the composition of the body should be gender-balanced; Considers that the members should be chosen for a period of six years;
Amendment 170 #
2020/2133(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Suggests that each institution choose these members in particular from among former judges of the CJEU, former or current members of highest courts of Member States, former Members of the European Parliament, former staff of the participating institutions and bodies, former EU Ombudsmen, and members of the ethics authorities in Member States; suggests further that the body elect a President and two Vice-Presidents from among its members; Suggests, in order to ensure broad support, that the Parliament elects the members of the body at the majority of its component members;
Amendment 175 #
2020/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists that the college be supported by a secretariat with the human, material and financial resources commensurate with its mandate and tasks; including an ethics officer, responsible for ethical training and offering advice within the Independent EU Ethics Body; Considers that the pooling of budget and personnel currently allocated to the various EU ethics bodies when merging them would allow to improve the efficiency of the use of resources and might reduce costs;
Amendment 179 #
2020/2133(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Considers that the procedure followed by the Independent EU Ethics Body should ensure the appropriate level of transparency while protecting legitimate confidentiality of certain aspects of individual cases; Believes that the Inter-institutional agreement should foresee procedural rules, referring to the existing acquis of principles of the existing EU ethics bodies, as well as to the EU’s common values (Art. 2 TEU), the rights of the concerned individual to be heard and to appeal, the obligation to collaborate and the publicity requirements;
Amendment 180 #
2020/2133(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Insists that the Independent EU Ethics Body should have the power to start an investigation on its own initiative, based on information collected by itself or received from third parties, in particular from individuals, civil society organizations, the media and whistleblowers;
Amendment 186 #
2020/2133(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes a two-step approach whereby, in the event that the EU Ethics Body becomes aware of a breach or possible breach of ethics rules, it first recommends, within a deadline, actions to put an end to the breach; considers that this first preventive step should ensure confidentiality and the right of the person to be heard; suggests that in the event that the individual concerned refuses to take the appropriate actions and the breach persists, the EU Ethics Body should make relevant information about the case publicly available and decide, if appropriate, on sanctions; considers that this two-step approach should apply provided that there are no reasonable grounds to believe that the individual acted in bad faith and recommends that intentional breach, gross negligence, the concealment of evidence and non- compliance with the obligation to cooperate should be, as such, subject to sanctions, even when the breach itself has ceased;
Amendment 191 #
2020/2133(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Believes that as a general rule, the Body should decide by simple majority of its members;
Amendment 195 #
2020/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that one year after its establishment, the EU Eethics Bbody should publish an annual report containing both information about the fulfilment of its tasks and, whereall adopt a general assessment of its activities, including analysis of the functioning of the rules and procedures and the experience acquired in applying them (review clause). In particular, the EU ethics body should focus on the assessment of: - the effectiveness on the implementation of its mandate and delegated powers, - the monitoring competences over ethics standards, - the application and efficiency of procedures. The EU ethics body shall submit appropriate, recommendations for improving ethics standards; amendments, including, if necessary, proposal to amend its competences and to present it before the EP.
Amendment 196 #
2020/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that the EU Ethics Body should publish an annual report containing both information about the fulfilment of its tasks and, where appropriate, recommendations for improving ethics standards; ; Recommends that the annual report describes the number of cases that were investigated, the institutions the individuals were coming from, the type of breaches concerned, the time the procedures took, the timeframe in which the breach was ended, the proportion of sanctions decided and recommendations;
Amendment 201 #
2020/2133(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Insists that the decisions of the EU Ethics Body should be legally binding, reviewable before the CJEU and for the recipient member, staff and institution and reviewable before the CJEU; Believes that the participating institutions should bind themselves to an obligation to fully cooperate in all procedures falling under the scope of the agreed IIA, in particular to communicate to the Independent EU Ethics Body all information and documents necessary to the proper scrutiny of ethics rules; Reminds that the body’s activities would be subject to possible complaints to the EU Ombudsman;
Amendment 206 #
2020/2133(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Believes that the improvement of integrity, transparency, accountability as well as the highest standards of ethical behaviour of the EU institutions and EU decision-making processes should be part of the topics discussed in the framework of the Conference on the Future of Europe;
Amendment 10 #
2020/2126(INI)
B. whereas the implementation of all of those funds must respect rigorously the principles of sound financial management and is subject to full and unlimited scrutiny by Parliament;
Amendment 15 #
2020/2126(INI)
Motion for a resolution
Recital D
Recital D
D. whereas on a regular basis, different media outlets all over Europe provide their readers with reports on scandals covering fraud, conflict of interest, corruption and other illegal activities damaging the EUʼs financial interests and involving high-level political representatives in EU Member States, as well fraud and crime of customs, cross- border or digital nature;
Amendment 22 #
2020/2126(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that, in today’s society, ‘oligarchy’ refers to any small, cohesive class or group that is in a position to make decisions or command others in either political or non-political contexts or rule a political community in its own interest, without regard for democracy; and rule of law;
Amendment 41 #
2020/2126(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Encourages the Commission to further strengthen the conflict of interests provisions under article 61 of the Financial Regulation as part of its upcoming revision, in particular with regards to the preparation of the budget, e.g. by adding a non-exhaustive list of the institutions and categories of staff and political representatives participating in the preparation of the budget, in order to determine more precisely which public officers can effectively influence financial flows from the EU budget; calls on the Commission to provide for procedural solutions capable of dealing with situations where the public officer does not have a hierarchical superior, in particular by obliging the institution in which the public officer has the possibility of influencing financial flows from EU the budget, to exclude such public person from the activities of the institution relating to the EU budget;
Amendment 47 #
2020/2126(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that conflicts of interest do not only occur in relation to fraud and criminal conduct, as they may touch upon lobbying activities and revolving-doors phenomena; stresses nevertheless that the consequent detection and disclosure of conflicts of interest is paramount to identifying possible risks of misuse, bias, fraud and corruption in fund management, as well as preventing reputational harm;
Amendment 54 #
2020/2126(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 64 #
2020/2126(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Further notes with concern the reports on the structural misuse of the EAFRD budget line to build private villas for political decision-makers disguised as guesthouses which has occurred in several Member States; calls on the Commission to take decisive action to prevent the structural misuse of this budget line in the future including, if necessary, to amend the conditions for the payment of EAFRD funds;
Amendment 73 #
2020/2126(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Regrets that the Commission systematically fails to collect, process and disclose data relative to the final beneficiaries, owners and beneficial in shared management and agricultural funds which would help detect patterns of fraud and corruption involving EU funds;
Amendment 98 #
2020/2126(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. UReiterates that the Commission has a plethora of instruments at its disposal to protect the financial interests of the Union, including the Common Provisions Regulation, the Financial Regulation and the Rule of Law Conditionality Regulation; underlines that the Commission should make full and immediate use all these instruments available under EU financial legislation and the applicable sector-specific and financial rules to effectively protect the EU budget, including interruption of payment deadlines, suspension of payments, financial corrections or exclusion of expenditure from EU financing, infringement proceedings under Article 258 TFEU, checks and audits or, in duly justified cases, the application of Article 7 TEU addressing risks to the foundational values of the EU in the Member States, as has recently been done in the cases of Poland and Hungary;
Amendment 105 #
2020/2126(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Regrets that currently available IT tools that greatly contribute to efficient datamining and the detection of fraud and corruption - Arachne and EDES - are used only by a small percentage of Member States; calls for the mandatory use of the Arachne data mining and data enrichment tool by Member States in order to achieve more transparency on the beneficiaries of CAP funds;
Amendment 106 #
2020/2126(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Reiterates its calls made on the Commission to urgently create and implement a coherent, interoperable, standardised reporting and auditing platform on the final beneficiaries of EU funds, as well as to improve training for monitoring and paying agents on the ground;
Amendment 107 #
2020/2126(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Notes that the obligation to identify the beneficial owner should as a minimum apply whenever any natural or legal person owns more than 15% of the company in question; emphasises that company shares belonging to relatives should be aggregated and counted as one;
Amendment 13 #
2020/2009(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Joint Communication of 10 June 2020 entitled 'Tackling COVID-19 disinformation - Getting the facts right' (JOIN(2020) 8),
Amendment 51 #
2020/2009(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas according to the 2020 World Press Freedom Index, the situation concerning the independence of the press differs significantly between Member States, with some Member States ranking among the top 5 best performers, while the worst entry ranking as low as 111th out of 180;
Amendment 103 #
2020/2009(INI)
Motion for a resolution
Recital J
Recital J
J. whereas disinformation related to COVID-19 may have dangerous consequences on public health, cause panic and social unrest and needs to be addressed; whereas measures to combat disinformation cannot be used as a pretext for introducing disproportionate restrictions on press freedom;
Amendment 115 #
2020/2009(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is deeply shattered by the murders of Daphne Caruana Galizia in Malta and Ján Kuciak and his fiancée Martina Kušnírová in Slovakia due to their investigative work, and reiterates the importance of an; recalls the essential role that investigative journalism holds in fighting organised crime by collecting and connecting relevant information, exposing criminal networks and illicit activities; highlights the fact that these activities expose them to an increased personal risk level; calls on national law enforcement authorities to fully cooperate with Europol and other relevant international organisations in order to conduct independent investigation to brs, identifying and bringing to justice the perpetrators of and masterminds behind these crimes;
Amendment 124 #
2020/2009(INI)
3. Strongly reiterates its call on the Commission to treat attempts by Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the EU as enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; encourages the Commission to actively cooperate with the Council of Europe, exchanging best practices and making sure that measures undertaken are complementary; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of COVID-19 on press freedom, media pluralism and safety of journalists; in this context, recalls Parliament’s repeated call for a permanent, independent and comprehensive mechanism covering democracy, the rule of law and fundamental rights in the EU;
Amendment 136 #
2020/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; condemns attempts by Member State governments to silence critical media and undermine media freedom and pluralism, in particular attempts to control public service media; deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention is crucial; highlights that the frameworks for financing public service media should ensure the editorial independence and the sustainability of these outlets; calls on Member States to use financing models where public service media is financed from sources independent of political decision-making such as monthly or annual dedicated taxes;
Amendment 156 #
2020/2009(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its concern that few specific legal or policy frameworks protecting journalists and media workers from violence, threats and intimidation can be identified at national level within the EU; calls on the Member States and the Commission to ensure the effective protection and safety of journalists and other media actors as well as of their sources, including in a cross-border context; strongly reiterates its call on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP); highlights that there are significant differences with respect to the freedom of the press and protection of journalists situations between Member States; calls on the Commission to come forward with a comprehensive Directive proposal aiming to establish minimum standards against SLAPP practices, across the EU;
Amendment 187 #
2020/2009(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned about attempts to take advantage of the COVID-19 pandemic to punish independent and critical media and introduce restrictions on the media’s access to and scrutiny of government decisions and actions, hampering proper and informed debate on those actions; stresses the role of journalism and the free flow of information as essential to the EU’s efforts to contain the COVID-19 pandemic; points out that journalism plays a crucial function at a moment of public health emergency; calls on the Commission to comprehensively monitor such practices by national governments and to include the results in its upcoming Annual Report on the Rule of Law;
Amendment 190 #
2020/2009(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to urgently introduce EU and national emergency recovery packages to protect the jobs and livelihoods of media workers, support companies and fund public service media through the COVID- 19 crisis; highlights that during the COVID-19 crisis certain media outlets and local media platforms in particular, have lost as much as 80% of their revenues due to the decrease in advertising; stresses that in the face of the pandemic European citizens need professional, economically secure and independent journalists; reiterates in this context its call for the creation of a permanent European fund for journalists in the framework of the next MFF (2021- 2027), as redrafted following the COVID- 19 crisis, offering direct financial support for projects submitted by independent journalists and media outlets, freelancers and self-employed media workers; and comprising dedicated funding lines for investigative journalism, news media, media literacy programmes and local media outlets; underlines that funding should be managed by independent organisations in order to avoid any interference with editorial decision- making;
Amendment 197 #
2020/2009(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes with concern that the envisaged budgetary envelope for the Creative Europe programme under the revised MFF/ recovery proposals of 27 May 2020 brings a 100 million Euros decrease in allocations, compared to the initial Commission proposal of 2018, and now amounts to 1.3 billion Euros less than the allocations initially proposed by the European Parliament; furthermore, notes with regret that funding available under the Justice, Rights and Values programme has also been decreased by 100 million Euros within the revised Commission budget proposal and now stands at 1.2 billion Euros less than the figures proposed by the European Parliament; urges the Commission to revise these figures and present new proposals, in line with the position adopted by the European Parliament;
Amendment 232 #
2020/2009(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the new digital environment has exacerbated the problem of the spread of disinformation and has resulted in online platforms playing an influential role in publishing, disseminating and promoting news and other media content; reiterates its concern about the potential threat disinformation poses to freedom of expression and the independence of the media; highlights that measures combatting disinformation should focus on fostering a plurality of opinions, through the promotion of high- quality journalism, delivering reliable, fact-based, verified information, as well as on building media literacy, and that any such measures must provide guarantees for the freedom of information and the freedom of expression;
Amendment 238 #
2020/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights that upholding the editorial independence within central and local media outlets, and developing media literacy projects, are essential elements for building resilience, raising awareness and strengthening education in efficiently combatting propaganda, disinformation and manipulations; calls on the Commission to actively engage in the promotion of reliable, fact-based and fact- checked information, enhancing media distribution channels in order to improve access to such information, empowering Union citizens to better identify and deal with disinformation; calls on Member States to fully implement the provisions of the revised Audio-visual Media Service Directive requiring them to promote and develop media literacy skills;
Amendment 260 #
2020/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that different forms of misinformation and disinformation, as well as other forms of information manipulation relating to the COVID-19 pandemic, continue to proliferate around the world and have potentially harmful consequences for public security, health and effective crisis management; welcomes the Joint Communication on Tackling COVID-19 disinformation, of 10 June 2020; recalls that all measures to combat disinformation, including those taken in the context of the COVID-19 emergency, need to be necessary, proportionate and subject to regular oversight, and may under no circumstances prevent journalists and media actors from carrying out their work or lead to content being unduly blocked on the internet;
Amendment 268 #
2020/2009(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Commission’s initiative to present a European Democracy Action Plan that aims to counter disinformation and to adapt to evolving threats and manipulations, as well as to support free and independent media; emphasises in this respect that protecting free and independent media while combating hate speech and disinformation is a fundamental factor in terms of the defence of the rule of law and democracy in the EU; notes with concern that according to a GDI research, websites spreading disinformation in the EU receive more than 70 million Euros in ad revenues every year; calls on the Commission to further engage with the digital platforms and step up the efforts towards ending such practices, as well as towards combatting the strategic, automated amplification of disinformation through the use of bots or fake profiles online, and towards increasing transparency in respect to the financing and the distribution of online advertising;
Amendment 4 #
2020/1998(BUD)
Draft opinion
Recital B
Recital B
B. Whereas transport accounts for at least a quarter of the Union’s greenhouse gas emissions and hence will be key to achieving climate neutrality by 2050, and any significant contribution from the transport sector to this goal will require enormous financial investments;
Amendment 12 #
2020/1998(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 13 #
2020/1998(BUD)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Reiterates its call on the Commission for a more transparent, stringent and comprehensive methodology, including reformed performance indicators for defining ex ante estimates and ex post tracking and accounting climate and biodiversity- relevant expenditures as well as tools to monitor the mid and long term impact of measures, the prevention of financial support for harmful measures and the monitoring of the mid to long-term impact of climate mainstreaming
Amendment 26 #
2020/1998(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Deeply regretWelcomes that the new commission’s proposal for MFF foresees a 75 % reduction in commitments for military mobility under the transport pillar, limiting de facto this new policy objective of the Union to merely symbolic actions ; requests the initial level to be restored and the level of commitments for 2021 to be set accordingly;
Amendment 37 #
2020/1998(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that beyond its key role in implementing the European Fund for Strategic Investments (EFSI) and InvestEU, it is vital that the revision of the European Investment Bank’s (EIB) transport policy due in 2021 paves the way for more fundamental overhaul of the Bank’s transport financing; recalls that the EIB has provided approximately €140 billion in loans for transport projects in the 2007-2018 period, of which around 80% relate to road infrastructure1a; calls on the EIB to report on all steps of its transport policy revision to Parliament in a timely manner. _________________ 1aEuropean Court of Auditors - Audit preview “Roads connecting European regions” p.9 - https://www.eca.europa.eu/Lists/ECADoc uments/AP19_08/AP_CONNECTING_R OADS_EN.pdf
Amendment 41 #
2020/1998(BUD)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Welcomes that the Commission launched a tender for a pilot project on the revitalisation of cross-border night trains; Encourages the Commission to further promote the revitalisation of comfortable European night trains as a possible and sustainable alternative to short-distance flights and long-distance car travelling; Calls on the Commission to explore the options of possible combinations of the co-financing of the EuroVelo network with the comprehensive rail network
Amendment 44 #
2020/1998(BUD)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that public investment in infrastructure is particularly sensitive to corruption; stresses the importance of guaranteeing a transparent and competitive tendering process for large- scale transport infrastructure projects financed by the EU; insists that contracting authorities and bidders for these large-scale projects must enter into Integrity Pacts under which third parties monitor their compliance with commitments to best practice and transparency
Amendment 26 #
2019/2213(BUD)
Draft opinion
Subheading 1 a (new)
Subheading 1 a (new)
Reiterates its call on the Commission to ensure that the next MFF fully complies with the objective to keep global warming to under 1,5 °C and to halt and reverse biodiversity loss, and stresses the urgent need for another quantum leap in political and financial efforts in order to achieve those objectives; recalls that the future EU budget should contribute to climate and biodiversity mainstreaming beyond levels of targeted spending shares through the integration of the climate and environmental objectives in the decision- making of all policies and programmes and throughout the entire policy cycle and while pursuing the objective of a just transition;
Amendment 30 #
2019/2213(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates that transport must contribute to achieving climate neutrality by 2050; Points out that in 2017, 27 % of total EU-28 greenhouse gas emissions came from the transport sector and that CO2 emissions from transport increased by 2.2 % compared with 2016.1a Reiterates that transport must contribute to achieving climate neutrality by 2050; _________________ 1ahttps://www.eea.europa.eu/data-and- maps/indicators/transport-emissions-of- greenhouse-gases/transport-emissions-of- greenhouse-gases-12
Amendment 33 #
2019/2213(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reiterates its call on the Commission for a more transparent, stringent and comprehensive methodology, including reformed performance indicators for defining ex ante estimates and ex post tracking and accounting climate and biodiversity- relevant expenditures as well as tools to monitor the mid and long term impact of measures, the prevention of financial support for harmful measures and the monitoring of the mid to long-term impact of climate mainstreaming for; expects the Commission to put forward a comprehensive and detailed proposal by July 2020 in form of a Framework Regulation and demands for the Parliament to be closely involved in the conception of such a methodology;
Amendment 34 #
2019/2213(BUD)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Reiterates Council’s call that for the Commission to report annually on climate expenditure, rather than on estimates, calls as a minimum for the aggregation of project level Rio marker share aggregation in this ex-post reporting; furthermore calls for the Commission to put forward a correction mechanism, in case the share of climate spending falls below the foreseen target;
Amendment 35 #
2019/2213(BUD)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 41 #
2019/2213(BUD)
6a. Calls for all infrastructure investments with an expected lifespan of more than 5 years to be in linked with the National Climate and Energy Plans, and in their planning prioritize of energy efficiency measures (Energy Efficiency First Principle) and the consideration of specific decarbonisation pathways compatible with the objective of limiting global warming to under 1.5°C as well as resilience to adverse climate change impacts. Calls for the integration of all 3 scopes of GHG emissions in the mandatory cost-benefit analysis over the lifecycle of the project against the most likely baseline and the explicit consideration to avoid stranded assets;
Amendment 47 #
2019/2213(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Any transport project such as the Lyon-Turin high-speed railway line should guarantee a high level of transparency, providing access to the relevant documents especially in case projects affect the environment and the health of people, and the assessment procedure of projects should take into account social and cohesion criteria, and in particular the acceptance by local communities;
Amendment 75 #
2019/2213(BUD)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that beyond its key role in implementing the European Fund for Strategic Investments (EFSI) and InvestEU, it is vital that the revision of the European Investment Bank’s (EIB) transport policy due in 2021 paves the way for more fundamental overhaul of the Bank’s transport financing; recalls that the EIB has provided approximately €140 billion in loans for transport projects in the 2007-2018 period, of which around 80% relate to road infrastructure 1a; calls on the EIB to report on all steps of its transport policy revision to Parliament in a timely manner; _________________ 1aEuropean Court of Auditors - Audit preview “Roads connecting European regions” p.9 - https://www.eca.europa.eu/Lists/ECADoc uments/AP19_08/AP_CONNECTING_R OADS_EN.pdf
Amendment 76 #
2019/2213(BUD)
Draft opinion
Paragraph 11
Paragraph 11
11. Considers that transport projects financed by the European Regional Development Fund (ERDF) and by the Cohesion Fund (CF) must give priority to the completion of TEN-T corridors; expresses concern that little attention is given to modal shift in the use of the European Regional Development Fund (ERDF) and the Cohesion Fund (CF); underlines the need for decarbonisation of EU funds also in relation to the transport sector; recommends to increase investment into cycling and walking; reiterates its longstanding demand about transparency of EU funding in the transport sector, in particular of shared management resources; calls on the Commission to make available in a comprehensive manner information on transport projects that have received funding from the ERDF and CF;
Amendment 96 #
2019/2213(BUD)
Draft opinion
Paragraph 15
Paragraph 15
15. Highlights in particular the role of the Clean Sky 2 and SESAR Joint Undertakings and of the European Union Aviation Safety Agency (EASA) in reducing CO2 emissions by passenger; stresses the very good results and the essential role played by the Clean Sky 2 Joint Undertaking in ensuring net accelerations in green technologies aimed at reducing the CO2 and greenhouse gas emissions, as well as the noise levels produced by aircraft; Points out that efficiency gains in aviation have not prevented an overall rise in CO2 emissions and climate effects of flying;
Amendment 4 #
2019/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need to continuously improve the mechanisms designed to ensure that rule-making is in full compliance with the Treaties, notably the principles of conferral, legal certainty, equality before the law, subsidiarity and proportionality, as set out in Article 5 of the Treaty on European Union (TEU);
Amendment 5 #
2019/2132(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the importance of the rule of law as precondition for the proper monitoring and application of EU law; emphasises its grave concerns with the generalised deficiencies regarding the rule of law in a number of Member States as described in the Commission’s 2020 Rule of Law Report; calls on Council to work as a matter of urgency with Parliament towards an agreement on Commission’s proposal for a regulation on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States;
Amendment 8 #
2019/2132(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Considers the EU’s legal order of European and national courts interpreting EU law as central for the proper application of EU law; deplores the effect of the German Supreme Court decision of 5 May 2020 regarding the European Central Bank’s bond purchase programme (PSPP) creating a lack of clarity in the EU’s legal order; calls on the Commission to launch an infringement procedure against Germany in order to achieve necessary clarity on the EU’s legal order;
Amendment 10 #
2019/2132(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Emphasises the principle of transparency as enshrined in the EU Treaties, as well as the right of EU citizens to justice and good administration, as stipulated in Articles 41 and 47 of the Charter of Fundamental Rights of the European Union; points out that those rights and principles require citizens to be given adequate access to drafts of the legal acts that concern them; insists that those rights and principles should also be of paramount importance to the Member States when proposing draft acts aiming at implementing EU law;
Amendment 12 #
2019/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the crucial role of national parliaments, and where relevant regional parliaments, in the pre-legislative scrutiny of draft EU laws and in their correct implementation by the Member States; reconfirms its resolution of 17 January 2019 on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU; urges the Council to implement the recommendations of the Ombudsman, to systematically record the identity of Member State governments when they express positions in Council preparatory bodies; to develop clear and publicly available criteria for how it designates documents as ‘LIMITE’, in line with EU law; to systematically review the ‘LIMITE’ status of documents at an early stage, before the final adoption of a legislative act, including before informal negotiations in trilogues, at which point the Council will have reached an initial position on the proposal;
Amendment 20 #
2019/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for improvements to the EU law-making process, which relies on transparency and accountability in legislative drafting, together with civil society participation, where appropriate; echoes that the effectiveness of the EU’s legal acts –which hinges on the correctness and timeliness of their implementation – forms the cornerstone of legal certainty and better application; recalls the efforts of EU institutions to set up a common database and website for all parts of the legislative procedure; deplores these efforts have not yet reached their aim; considers necessary existing databases and websites as well as this future one allow for finding input by all involved individually such as voting records and amendments per Member State or Member of the European Parliament;
Amendment 24 #
2019/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that proper transposition and implementation of EU law, on the basis of Article 197 of the Treaty on the Functioning of the European Union (TFEU), is of the utmost importance; calls for appropriate ex post impact assessment of EU law, including sustainability and gender impact assessments;
Amendment 28 #
2019/2132(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the important role also played by the social partners, gender equality bodies and civil society organisations in monitoring and promoting effective redress under EU law; encourages the Commission to raise awareness of the rights of citizens and businesses under EU law, and to further support complainants by improving their understanding of pre- litigation procedure; underlines the important role of whistleblowers in monitoring the proper application of Union law; urges Member States to implement the European minimum protection rules agreed in March 2019; formally adopted in October 2019 well ahead of the deadline 2 years later; urges Member states to use the room left by the directive for a broadest possible scope and financial compensation for those who suffer from their reporting on breaches of Union law;
Amendment 33 #
2019/2132(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Deplores the continuous decline of infringement procedures by the Commission despite rather growing deficits in proper implementation of Union law, among others in the domains of independence of courts, independence of the European Central Bank, anti- money laundering, citizenships for sale; calls on the Commission to regard its role as guardian of the Treaties as central and react with infringement procedures wherever necessary to uphold the proper application of Union law to guarantee legal safety for EU citizens and businesses;
Amendment 52 #
2019/2098(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes with concern from the Court’s report that shortcomings were found related to excessive dependency on contractors, external consultancy and interims, to the use of inadequate award criteria and the conclusion of contracts with abnormally low tenderers without reasonable justification; notes that several agencies have outsourced, extensively, regular activities and occasionally core business activities, which weakens the internal expertise and control over contract execution, with some weaknesses in the procurement process which may impair fair competition and the achievement of best value for money procurements; notes that for six agencies the framework contract terms for the provision of IT maintenance and equipment were weak, as they allowed the purchase of items not specifically mentioned therein and not subject to an initial competitive procedure, and it also allowed the contractor to charge uplifts on the prices of items purchased from other suppliers; notes that although agencies have no power to change the basic contractual arrangements, their related ex - ante controls did not check the accuracy of the up-lifts charged by the contractor; calls on all agencies and bodies of the Union to strictly abide by public procurement rules; underlines that digitalisation is a great opportunity for the agencies to increase efficiency and transparency, including in the field of procurement; calls, therefore, on all agencies and bodies to rapidly finalize and implement e-tendering, e- submission, e-invoicing and e-forms for public procurement;
Amendment 58 #
2019/2098(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Notes with concern that not all agencies and bodies of the Union have published on their respective websites the declarations of interest for members of the management boards, executive leadership and seconded experts; regrets that some agencies still publish declarations of absence of conflict of interest; highlights that it is not up to the board members or executives to declare themselves out of conflict of interest; calls for a unified model of declarations of interest to be implemented by all agencies; stresses the importance of establishing an independent ethics body to assess conflict of interest and revolving doors situations throughout the institutions, agencies and other bodies of the Union; urges the Member States to ensure that all seconded experts publish their respective declarations of interest and CVs on the respective agency websites;
Amendment 61 #
2019/2098(DEC)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Notes that, in spite of whistle- blowing rules being in place in all agencies and other bodies of the Union, there are hardly any cases reported, raising concern of either staff not being aware of existing rules, or a lack of trust in the system; points out the necessity of an independent disclosure, advice and referral body, with sufficient budgetary resources, in order to support and ensure the proper implementation of whistle- blowing rules and procedures;
Amendment 63 #
2019/2098(DEC)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22 c. Considers regrettable that there are still no clear guidelines and a consolidated policy on the revolving doors issue; stresses the fact that this issue is of key importance, particularly in the case of those agencies working with the industries; calls on the Commission to provide stronger rules, better controls and clear guidelines on cooling-off periods for out-going staff and other revolving-doors related measures;
Amendment 18 #
2019/2088(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. NoAppreciates the Agency’s existing measures and ongoing efforts to secure transparency, prevention and management of conflicts of interest and whistle-blower protection; notes the potential conflict of interest case identified concerning a recruitment procedure in 2018; notes that no follow-up action was needed as the adviser recused himself; welcomes the publication on the Agency's website of CVs and declarations of interests for management board members and directorate;
Amendment 16 #
2019/2077(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the adoption of the Guidelines on Whistleblowing by the Management Board of the Agency and calls on the Agency to ensure their implementation; notes that the Internal Audit Services performed a review of ethics in 2018, covering areas of the Code of Conduct, ethics and fraud, with draft audit report expected in the beginning of 2019; reiterates, in this context, the need to have in place safeguards against conflicts of interest;
Amendment 17 #
2019/2077(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Highlights that the Agency certifies aircraft based on the demonstration that its design complies with all relevant airworthiness requirements and all features are safe; points out that an audit should be carried out to assess why the Agency deemed the Boeing 737 MAX compliant with those requirements.
Amendment 15 #
2019/2074(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that, according to the Court’s report, Eurojust signed an IT framework contract with a company which provided the same service under a previous framework contract, without prior publication of a contract notice during the negotiated procurement procedure; notes that all payments made under that framework contract and all related specific contracts are irregular and that a simplified procedure is only acceptable under specific circumstances which were not substantiated by Eurojust; notesacknowledges from Eurojust’s reply that the negotiated procedure was done on the basis of Article 134 (f) of the Rules of Application of the Commission Delegated Regulation (EU) 2015/246216 , which allow this procedure to be used where a change of supplier would result in incompatibility or disproportionate technical difficulties in operation and maintenance, and that, therefore, this solution was considered to be the most cost-effective; calls on Eurojust to ensure compliance with public procurement rules; _________________ 16Commission Delegated Regulation (EU) 2015/2462 of 30 October 2015 amending Delegated Regulation (EU) No 1268/2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 342, 29 12 2015, p 7)
Amendment 17 #
2019/2074(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. NotesWelcomes the fact that, in light of the observations from the discharge authority, the publication of declarations of interest in the draft Code of Ethics for the College of Eurojust are at present being addressed by the project team on Rules of Procedure in t; notes that for the time being Eurojust has published draft Code of Ethics for the College of Eurojusteclarations of absence of conflict of interest; calls on Eurojust to also publish the CVs of the management board members and of its executive leadership; notes that Eurojust adopted the updated anti-fraud strategy through College Decision 2018-19 of 6 November 2018;
Amendment 15 #
2019/2069(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that, according to the Court’s report, the Centre did not attract a reasonable number of tenderers in low- value procurement procedures and that in five of these procedures only one candidate submitted a tender and two tenders were submitted in one procedure; notes that, according to the Centre’s reply, it duly invited the number of tenderers required by the applicable financial rules to ensure the necessary level of competition; calls on the Centre to pursue its ongoing efforts to ensure that all public procurement procedures are compliant with the principle of competition and to facilitate the participation in its procurement procedures for low-value contracts;
Amendment 16 #
2019/2069(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges the Centre’s existing measures and ongoing efforts to secure transparency, prevent and manage conflicts of interest, and provide whistleblower protection; notes that the CVswith satisfaction that the CVs and declarations of interest of the Director and the members of the scientific committee are published on its website;
Amendment 15 #
2019/2068(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes, in light of the related comments made by the discharge authority, that e-procurement tools have been compulsory only as of 2019 and that the Agency has introduced all e-procurement tools with the exception of e-submission, which iwas expected to be implemented in the fourth quarter of 2019; calls on the Agency to report to the discharge authority on the progress made in this regard by June 2020;
Amendment 16 #
2019/2068(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. AcknowledgWelcomes the Agency’s existing measures, and its ongoing efforts in relation to securing transparency, in relation to prevention and management of conflicts of interest, and in relation to whistle-blower protection; notes that there were a number of cases of potential and perceived conflicts of interest that were assessed and mitigated and none reported in 2018; notes with appreciation that the CVs and declarations of interest for members of the management board and executives are published on the Agency's website;
Amendment 16 #
2019/2055(DEC)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 19 #
2019/2028(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. emphasises that the EU transport infrastructure policy must turn a stronger integrative focus on these three aspects: - interconnectivity between the corridors and the comprehensive network and cross border connections must be a priority, - intermodality should be a basis for decisions on projects, and - interoperability must be a condition for co-financing transport projects;
Amendment 20 #
2019/2028(BUD)
Draft opinion
Paragraph 18
Paragraph 18
18. Notes that in the draft budget for 2020 the Union contribution amounts to a total of EUR 8 372 000; recalls that the Office shall be a key actor in combatting crimes against the EU budget and therefore considers more realistic that the contribution be increased by EUR 1,8 million and that 15 additional posts should be made available in order to cover infrastructure and operating expenditure and to start the development of the EPPO case management system, taking also into account that EPPO was established under the enhanced cooperation procedure and may operate in more member states in the future than currently foreseen.
Amendment 57 #
2019/2028(BUD)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. recalls that cohesion policy funding for transport infrastructure should aim at pursuing the Treaty-based objective of economic, social and territorial cohesion. Stresses that decentralised approaches are important and connectivity and accessibility of rural areas remains a challenge to be tackled as a matter of urgency. Expresses concern that little attention is given to modal shift in the use of the European Regional Development Fund (ERDF) and Cohesion Fund. Underlines the need for decarbonisation of EU funds also in relation to the transport sector; recommends to increase investment into cycling and walking reiterates its longstanding demand about transparency of EU funding in the transport sector, in particular of shared management resources. Calls on the Commission to make available in a comprehensive manner information on transport projects that have received funding from the ERDF and Cohesion Fund;
Amendment 16 #
2018/2168(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that Parliament backed the Ombudsman’s proposals in a plenary vote related to the Ombudsman's recommendations to theand suggestions to Council to allow the public to follow the EU legislative process of the Union more easily (transparency of the Council legislative process, OI/2/2017/TE); recalls that the Council should, among other things, systematically record the position of each Member State in Council preparatory bodies, and shouldevelop clear and publicly available criteria for the designation of documents as ‘LIMITE’, in line with Union law, and develop a dedicated webpage for each legislative proposal and improve the user-friendliness of the public register of documents;
Amendment 18 #
2018/2168(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Reiterates that the Council ought to be transparent and fully accountable to Union citizens for the funds entrusted to it as a Union institution; recalls the relevant judgments of the European Court of Justice (in particular T-540/15) 1a and the paper from the Dutch COSAC delegation, 'Opening up closed doors: Making the EU more transparent for its citizens', confirming this obligation; _________________ 1a Judgment of the General Court of 22 March 2018, Emilio De Capitani v European Parliament, T-549/15, ECLI:EU:T:2018:167.
Amendment 5 #
2018/0902R(NLE)
Draft opinion
Paragraph 1
Paragraph 1
1. Expresses deep concern about the deliberate and systematic efforts of the Hungarian Government to undermine the founding values of the Union enshrined in Article 2 TEU, in particular through the removal of the constitutional checks and balances, by the limitation of the independence of the judiciary, by intentional alterations of the national electoral system and by hampering freedom of expression and other fundamental rights; highlights that these trends have substantially worsened since the triggering of Article 7(1) TEU and have been severely amplified by the COVID-19 crisis;
Amendment 6 #
2018/0902R(NLE)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Insists on the need to avoid the creation of a hierarchy of EU values; stresses that it is important to ensure that not only the rule of law, but also other Union values, including a wider spectrum of fundamental rights and democracy are properly assessed;
Amendment 10 #
2018/0902R(NLE)
Draft opinion
Paragraph 2
Paragraph 2
2. Deplores the fact that the constitutional balance in Hungary has continued to be significantly altered by a deliberately broad and instrumental use of cardinal laws and constitutional amendments aiming to entrench the issues which are to be regulated by ordinary legislation, with no or limited public consultation, in a very expedient manner, without any effective involvement of the opposition or civil society; highlights that such a trend is contrarya threat to the rule of law, to constitutional traditions and to principles common to Member States and has been a source of open and consistent criticism by the EU and by, the Council of Europe institutions, the United Nations and the OSCE/ODIHR; denounces the excessive use of extraordinary powers with the declaration of the state of danger at the outset of the COVID-19 pandemic;
Amendment 14 #
2018/0902R(NLE)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that several recently adopted provisions in fundamental law or in cardinal acts aimed to curb the operational functioning of civil law institutions such as universities or to increase obstacles for political parties to be able to run a national list of candidates in the parliamentary elections, the main effect of which is to favour the incumbents1a; recalls that the OSCE/ODIHR decided to send a full-scale election observation mission to the 2022 Hungarian parliamentary elections because campaign finance legislation has remained largely unchanged and the latest amendments thereto have not addressed the recommendations of the ODIHR and GRECO; of concerns regarding general deterioration of conditions for democratic elections, and over the independence of judiciary and freedom of the media; recalls that the recommendations issued by OSCE/ODIHR following the 2018 parliamentary elections, as well as by GRECO, remain largely unaddressed. and new concerns have been indicated by the election observation mission on 4 April; _________________ 1a https://www.venice.coe.int/webforms/docu ments/?pdf=CDL-AD(2021)039-e, paragraph 32
Amendment 15 #
2018/0902R(NLE)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that in its Statement of Preliminary Findings and Preliminary Conclusions, the OSCE election observation mission to the 2022 Hungarian parliamentary elections 1b found that while the elections offered voters distinct alternatives and were well run, the process was marred by the pervasive overlapping of government and ruling coalition’s messaging that blurred the line between state and party, as well as by media bias and opaque campaign funding; _________________ 1b https://www.osce.org/files/f/documents/4/6 /515111.pdf
Amendment 20 #
2018/0902R(NLE)
Draft opinion
Paragraph 4
Paragraph 4
4. Expresses concern about the steps the Hungarian Government has taken to further limit the independence of the judiciary, in particular by weakening the powers of the National Judicial Council, which damages mutual trust in the EU, as national judges are judges of first instance of EU law and guarantee equality between EU citizens; highlights, furthermore, that the Hungarian Government increasingly relies on the Hungarian Constitutional Court to avoid compliance with the judgments of the Court of Justice of the European Union (CJEU), thereby undermining the primacy of EU law;
Amendment 21 #
2018/0902R(NLE)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 22 #
2018/0902R(NLE)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Regrets the lack of proper follow up to its reasoned proposal calling on the Council to determine, pursuant to Article 7(1) of the TEU, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded; stresses the high thresholds needed for the activation and use of this provision in the Council and the political considerations influencing the procedure;
Amendment 26 #
2018/0902R(NLE)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that the Council’s constitutional obligation to organise hearings, enshrined in Article 7(1) TEU, should be implemented in an open, regular and structured manner; regrets that so far this has not been the case; insists that in all proceedings related to Article 7(1) TEU, Parliament and the Commission should be treated equally; calls on the Council to systematically provide the Member State concerned with recommendations, and to oversee the implementation thereof on a regular basis, following the hearings under Article 7(1) TEU; urges the Council to immediately address recommendations to Hungary;
Amendment 28 #
2018/0902R(NLE)
5 a. Expresses its deep concern that the standard modalities for hearings referred to in Article 7(1) of the TEU do not ensure the same treatment for Parliament as for the Commission and one third of the Member States for the purposes of presenting the reasoned proposal; recalls that Article 7(1) of the TEU provides for equal rights and procedural status for one third of the Member States, Parliament and the Commission with regard to triggering the procedure; insists that Parliament’s invitation to a formal Council meeting is still owing on the basis of the right of initiative and the principle of sincere cooperation between institutions enshrined in Article 4(3) of the TEU; reiterates its call on the Council to keep Parliament promptly and fully informed at every stage of the procedure;
Amendment 31 #
2018/0902R(NLE)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Points out that the failure by the Council to make effective use of Article 7 of the TEU continues to undermine the integrity of common European values, mutual trust, and the credibility of the Union as a whole; reiterates its position on its own proposal calling on the Council to determine, pursuant to Article 7(1) of the TEU, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded; calls on the Commission to make full use of the tools available to address a clear risk of a serious breach by Hungary of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the Court of Justice;
Amendment 33 #
2018/0902R(NLE)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the judgment of the CJEU in cases C-156/21 and C-157/21 of 16 February 2022, which confirms the validity of the Rule of Law Conditionality Regulation, as it is based on an appropriate legal basis and is compatible with the procedure laid down in Article 7 TEU; calls on the Commission to trigger as soon as possible the Rule of Law Conditionality Regulation on all the grounds addressed in the letter sent to Hungary by the Commission on 19 November 2021;
Amendment 35 #
2018/0902R(NLE)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Reiterates that approval of the national plans under the Recovery and Resilience Facility should be made conditional on the fulfilment of all 11 criteria set out in Article 19 of and Annex V to the regulation on the Recovery and Resilience Facility; expects the Commission to exclude all risks of programmes under cohesion policy contributing to the misuse of EU funds or to breaches of the rule of law before approving the partnership agreements and cohesion policy programmes; calls on the Commission to apply the Common Provisions Regulation and the Financial Regulation more stringently in order to tackle the discriminatory use of EU funds, in particular any use of a politically motivated nature;
Amendment 38 #
2018/0902R(NLE)
Draft opinion
Paragraph 7
Paragraph 7
7. Insists that legitimacyTakes the view that the latest developments in the ongoing hearings under Article 7(1) of the TEU’s action on the rule of law needs to be und once again underline the imminent need for an EU mechanism on democracy, the rule of law and fundamental rights (DRF), as proposed by Parliament, in the form of an interpinned bystitutional agreement including a coherent, effective and visible EU annual rule of lawDRF monitoring cycle, which should also integratetake into account procedures under Article 7 TEU and under the Rule of Law Conditionality Regulation; reiterates that the mechanism must complement and reinforce, rather than substitute, the ongoing and future proceedings under Article 7 of the TEU; calls on the Council and the Commission to respondassess without delay to Parliament’s requestsheir reluctance to negotiate an interinstitutional agreement under Article 295 TFEU framing such a mechanism;