Activities of Roberta METSOLA
Plenary speeches (188)
Opening of the sitting (first sitting of the newly elected Parliament)
Verification of credentials
Short presentations by the candidates for election to the office of President
Election of the President of Parliament (first ballot) (announcement of results)
Election of the President of Parliament (first ballot) (announcement of results)
Election of the President of Parliament (first ballot) (announcement of results)
Election of the President of Parliament (first ballot) (announcement of results)
Election of the President of Parliament (first ballot) (announcement of results)
Election of the President of Parliament (first ballot) (announcement of results)
Establishment of political groups
Election of Vice-Presidents of Parliament (deadline for submitting nominations)
Election of Vice-Presidents of Parliament (announcement of nominations)
Election of Vice-Presidents of Parliament (first ballot)
Election of Vice-Presidents of Parliament (first ballot)
Election of Vice-Presidents of Parliament (first ballot) (announcement of results)
Election of Vice-Presidents of Parliament (second ballot)
Election of Vice-Presidents of Parliament (second ballot)
Election of Vice-Presidents of Parliament (second ballot) (announcement of results)
Election of Quaestors (deadline for submitting nominations)
Agenda of the next sitting
Announcements concerning the ninth parliamentary term
Order of business
Order of business
Order of business
The need for the EU's continuous support for Ukraine (debate)
The need for the EU's continuous support for Ukraine (debate)
The need for the EU's continuous support for Ukraine (debate)
Election of the Quaestors of Parliament (first and second ballots)
Election of the Quaestors of Parliament (first and second ballots)
Election of the Quaestors of Parliament (first and second ballots)
Election of the Quaestors of Parliament (first and second ballots)
Election of the Quaestors of Parliament (first and second ballots)
Election of the Quaestors of Parliament (first and second ballots)
Statement by the President
Statement by the President
Voting time
The need for the EU's continuous support for Ukraine (B10-0007/2024) (vote)
Election of the President of the Commission (appointment of tellers)
Statement by the candidate for President of the Commission (debate)
Statement by the candidate for President of the Commission (debate)
Statement by the candidate for President of the Commission (debate)
Election of the President of the Commission (request to adjourn the vote)
Election of the President of the Commission (request to adjourn the vote)
Election of the President of the Commission
Election of the President of the Commission (announcement of results)
Statement by the President
Approval of the minutes of sittings
Requests for waiver of immunity
Composition of committees
Approval of the minutes of sittings and forwarding of texts adopted
Dates of forthcoming sittings
Resumption of the session
Statements by the President
Approval of the minutes of the previous sittings
Composition of Parliament
Requests for waivers of immunity
Composition of committees and delegations
Negotiations ahead of Council's first reading (Rule 73)
Corrigenda (Rule 251)
Signature of acts adopted in accordance with the ordinary legislative procedure (Rule 81)
Announcement by the President – Election of the European Ombudsman
Announcement by the President – Election of the European Ombudsman
Order of business
Order of business
Order of business
Order of business
Order of business
Order of business
Address by Mario Draghi - Presentation of the report on the Future of European competitiveness
Address by Mario Draghi - Presentation of the report on the Future of European competitiveness
The future of European competitiveness (debate)
Appointment of the members of the Advisory Committee on the Conduct of Members
The devastating floods in Central and Eastern Europe, the loss of lives and the EU’s preparedness to act on such disasters exacerbated by climate change (debate)
Resumption of the sitting
Resumption of the sitting
Voting time
Numerical strength of interparliamentary delegations (B10-0019/2024) (vote)
Objection pursuant to Rule 115(2) and (3), and (4)(c): Maximum residue levels for carbendazim and thiophanate‐methyl (B10-0020/2024) (vote)
Objection pursuant to Rule 115(2) and (3), and (4)(c): Maximum residue levels for cyproconazole (B10-0021/2024) (vote)
Resumption of the session
Statement by the President
Approval of the minutes of the previous sitting
Composition of Parliament
Composition of political groups
Composition of committees and delegations
Corrigenda (Rule 251)
Signing of acts adopted in accordance with the ordinary legislative procedure (Rule 81)
Signing of acts adopted in accordance with the ordinary legislative procedure (Rule 81)
Signing of acts adopted in accordance with the ordinary legislative procedure (Rule 81)
Order of business
Order of business
Order of business
Penalties
Presentation of the programme of activities of the Hungarian Presidency (debate)
Presentation of the programme of activities of the Hungarian Presidency (debate)
Resumption of the sitting
Élection du Médiateur européen – candidatures reçues
Voting time
Strengthening Moldova's resilience against Russian interference ahead of the upcoming presidential elections and a constitutional referendum on EU integration (RC-B10-0072/2024, B10-0072/2024, B10-0073/2024, B10-0080/2024, B10-0081/2024, B10-0082/2024, B10-0085/2024) (vote)
The democratic backsliding and threats to political pluralism in Georgia (RC-B10-0070/2024, B10-0070/2024, B10-0071/2024, B10-0074/2024, B10-0079/2024, B10-0083/2024, B10-0084/2024, B10-0086/2024) (vote)
The rise of religious intolerance in Europe (debate)
Request for waiver of immunity
Composition of committees and delegations
Council position at first reading (Rule 64)
Resumption of the session
Statements by the President
Approval of the minutes of the previous sitting
Composition of Parliament
Composition of committees and delegations
Negotiations ahead of Council's first reading (Rule 73)
Corrigenda (Rule 251)
Signing of acts adopted in accordance with the ordinary legislative procedure (Rule 81)
Signing of acts adopted in accordance with the ordinary legislative procedure (Rule 81)
Signing of acts adopted in accordance with the ordinary legislative procedure (Rule 81)
Signing of acts adopted in accordance with the ordinary legislative procedure (Rule 81)
Signing of acts adopted in accordance with the ordinary legislative procedure (Rule 81)
Order of business
Order of business
Order of business
Order of business
International Day for the Eradication of Poverty (debate)
International Day for the Eradication of Poverty (debate)
Address by Enrico Letta - Presentation of the report ‘Much More Than a Market’
Request for waiver of immunity
Request for an urgent decision (Rule 170)
Negotiations ahead of Council's first reading (Rule 73)
Voting time
Establishing the Ukraine Loan Cooperation Mechanism and providing exceptional macro-financial assistance to Ukraine (A10-0006/2024 - Karin Karlsbro) (vote)
Statement by the President
Statement by the President
Statement by the President
Voting time
Deforestation Regulation: provisions relating to the date of application (vote)
Draft general budget of the European Union for the financial year 2025 – all sections (vote)
Draft general budget of the European Union for the financial year 2025 – all sections (vote)
General budget of the European Union for the financial year 2025 – all sections (A10-0008/2024 - Victor Negrescu, Niclas Herbst) (vote)
Guidelines for the employment policies of the Member States (A10-0004/2024 - Li Andersson) (vote)
Guidelines for the employment policies of the Member States (A10-0004/2024 - Li Andersson) (vote)
Urgent need to revise the Medical Devices Regulation (RC-B10-0123/2024, B10-0121/2024, B10-0122/2024, B10-0123/2024, B10-0124/2024, B10-0125/2024, B10-0126/2024, B10-0127/2024, B10-0128/2024) (vote)
Sakharov Prize 2024 (announcement of the winner)
Request for waiver of immunity
Resumption of the session
Statement by the President
Approval of the minutes of the previous sitting
Request for waiver of immunity
Composition of committees and delegations
Negotiations ahead of Council's first reading (Rule 73)
Suites données aux questions en instance (article 250 du règlement)
Corrigenda (Rule 251)
Signature of acts adopted in accordance with the ordinary legislative procedure (Rule 81)
Order of business
Order of business
Order of business
Order of business
Order of business
The devastating floods in Spain, the urgent need to support the victims, to improve preparedness and to fight the climate crisis (debate)
Address by Sauli Niinistö - Presentation of the report on how to enhance Europe’s civilian and defence preparedness and readiness
Address by Sauli Niinistö - Presentation of the report on how to enhance Europe’s civilian and defence preparedness and readiness
Enhancing Europe’s civilian and defence preparedness and readiness (debate)
Extraordinary part-session
Request for waiver of immunity
Voting time
RESTORE – Regional Emergency Support to Reconstruction amending Regulation (EU) 2021/1058 and Regulation (EU) 2021/1057 (vote)
Specific measures under the European Agricultural Fund for Rural Development (EAFRD) to provide additional assistance to Member States affected by natural disasters (vote)
Deforestation Regulation: provisions relating to the date of application (vote)
Deforestation Regulation: provisions relating to the date of application (vote)
Deforestation Regulation: provisions relating to the date of application (vote)
Electronic value added tax exemption certificate (A10-0012/2024 - Aurore Lalucq) (vote)
Electronic value added tax exemption certificate (A10-0012/2024 - Aurore Lalucq) (vote)
Faster and Safer Relief of Excess Withholding Taxes (A10-0011/2024 - Herbert Dorfmann) (vote)
Amendment of the EIB's Statute (A10-0013/2024 - Joachim Streit) (vote)
Amendment of the EIB's Statute (A10-0013/2024 - Joachim Streit) (vote)
UN Climate Change Conference 2024 in Baku, Azerbaijan (COP29) (B10-0156/2024) (vote)
UN Climate Change Conference 2024 in Baku, Azerbaijan (COP29) (B10-0156/2024) (vote)
UN Climate Change Conference 2024 in Baku, Azerbaijan (COP29) (B10-0156/2024) (vote)
UN Climate Change Conference 2024 in Baku, Azerbaijan (COP29) (B10-0156/2024) (vote)
EU actions against the Russian shadow fleets and ensuring a full enforcement of sanctions against Russia (RC-B10-0161/2024, B10-0160/2024, B10-0161/2024, B10-0162/2024, B10-0163/2024, B10-0164/2024, B10-0166/2024) (vote)
EU actions against the Russian shadow fleets and ensuring a full enforcement of sanctions against Russia (RC-B10-0161/2024, B10-0160/2024, B10-0161/2024, B10-0162/2024, B10-0163/2024, B10-0164/2024, B10-0166/2024) (vote)
EU actions against the Russian shadow fleets and ensuring a full enforcement of sanctions against Russia (RC-B10-0161/2024, B10-0160/2024, B10-0161/2024, B10-0162/2024, B10-0163/2024, B10-0164/2024, B10-0166/2024) (vote)
Resumption of the session
Address by Volodymyr Zelenskyy, President of Ukraine
Address by Volodymyr Zelenskyy, President of Ukraine
1000 days of Russia's full-scale invasion of Ukraine (debate)
1000 days of Russia's full-scale invasion of Ukraine (debate)
Dates of forthcoming sittings
Adjournment of the session
Amendments (1472)
Amendment 9 #
2021/2040(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, despite the lack of comprehensive data on its full impact, the TSD is still effective in guaranteeing the free movement of toys in the Single Market and the number of companies operating in the market since the full application of the TSD increased by 10 % from 2013 to 2017, while the turnover of the EU toy industry has constantly increased since its entry into force; whereas 99 % of companies in the sector are SMEs;
Amendment 21 #
2021/2040(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges the added value of the TSD in improving the safety of children and ensuring an equal high level of protection across the single market, compared to the previous directive, and its role in providing legal certainty and a level playing field for businesses;
Amendment 29 #
2021/2040(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes, however, that inconsistencies that call for a revision of the TSD remain and therefore asks the Commission to foresee an exhaustive impact assessment in order to check if and how these inconsistencies could be addressed;
Amendment 42 #
2021/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that spreading out requirements across several pieces of legislation, and providing for different limit values, can be is burdensome and can in some caseseven necessitate duplicate the measuring of substances, as in the case of migration and content limit values; calls on the Commission, therefore, to consider consolidating all applicable limits for toys in one piece of legislation in order to streamline conformity assessment and make it more easy and less burdensome to comply with the requirements;
Amendment 74 #
2021/2040(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the TSD contains an obligation for Member States to perform market surveillance underthe competent authority of the Member States to take due account of the precautionary principle, test toys on the market and verify manufacturers’ documentation with a view to withdrawing unsafe toys and taking action against those responsible for placing them on the market; is concerned that the effectiveness of market surveillance under the TSD is limited, putting the health and safety of children at risk and undermining the level playing field for economic operators that comply with the legislation, to the benefit of rogue traders, who do not;
Amendment 80 #
2021/2040(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and calls on the Member States to implement it fullycorrectly and on time and to set minimum sampling rates for checks, so that effective enforcement of the TSD can be ensured;
Amendment 90 #
2021/2040(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to explore possibilities for using new technologies such as blockchain and artificial intelligence to detect unsafe products and facilitate the work of market surveillance authorities by providing easily accessible and, structured and, if possible, digital information on products and their traceability in the supply chain;
Amendment 98 #
2021/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to step up coordination of their market surveillance activities; Underlines that an efficient market surveillance is essential in order to detect unsafe toys and calls therefore on the Member States to increase the resources, provide modern equipment to and properly staff their market surveillance authorities and custom authorities and to step up coordination and cooperation among them, including at cross-border level, so that a swift transfer of information on unsafe toys can be enabled;
Amendment 104 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Highlights that in order to detect unsafe toys more efficiently the market surveillance authorities should carry out mystery shopping also on online marketplaces on a regular basis and at least once a year in particular because toys are the products that are notified the most on the Safety Gate (RAPEX);
Amendment 107 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
Amendment 108 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Encourages the use of new technologies such as AI and blockchain by market surveillance authorities to ensure that data analytics can be used to mitigate risk and improve compliance with the TSD;
Amendment 113 #
2021/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned by the new vulnerabilities and risks posed by connected toys; calls on the Commission to explore different options for action, such as extending the scope of the TSD to include provisions on information security or reinforcing the relevant horizontal legislation, such as the Radio Equipment Directive and the Cybersecurity Act, as well as the GDPR, while keepinvolving Parliament informed of its choices;
Amendment 117 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Encourages producers of connected toys to integrate safety and security mechanisms by design;
Amendment 122 #
2021/2040(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that the development of e-commerce benefits the consumers but also poses challenges for market surveillance authorities in ensuring the compliance of products sold online; notes that many products bought online fail to conform to EU safety requirements and is concerned by the high number of dangerous toys sold online;
Amendment 167 #
2021/2040(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Highlights that the lack of consistent EU-wide statistics on toy-related accidents makes it impossibledifficult to quantitatively assess the level of protection granted by the TSD; believes that a lack of coordination and funding at EU level is a root cause of the absence of consistent data and calls onproposes to the Commission to addressuse thise in a future revision through the establishment of a pan-European accident and injury databasedicators and data gathered from ICSMS, RAPEX and joint actions to assess the efficiency of the TSD;
Amendment 5 #
2021/2036(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to 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 law1a, _________________ 1a OJ L 305, 26.11.2019, p. 17
Amendment 19 #
2021/2036(INI)
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
— having regard to the Council of Europe Commissioner for Human Rights ‘Human Rights Comment: Time to take action against SLAPPs’ issued on 27 October 2020
Amendment 59 #
2021/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing acts of public participation including investigating and reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation;
Amendment 84 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas evidence shows that SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society and NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;
Amendment 97 #
2021/2036(INI)
Motion for a resolution
Recital D
Recital D
D. whereas SLAPPs within the Union are often cross-border in nature, which results in reporting delays as illustrated in many cases, often relating to cases of environmental protection, financial fraud and/or corruption, where they constitute a clear attempt to delay publication of information by halting or discrediting the work of individual journalists and publishing entities, hence depriving citizens of their right to information; whereas SLAPPs and SLAPP threats may be brought against watchdogs within the Union also by actors in third countries and before courts in third countries;
Amendment 108 #
2021/2036(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas, on the one hand, the lack of direct legislation in any Member State on the issue of SLAPPs and, on the other hand, the existence of often ambiguous and broad national provisions in this context, as well as of harsh penalties including of criminal nature, significantly contribute to the growth of these abusive lawsuits and the subsequent intimidation of their targets;
Amendment 111 #
2021/2036(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas soft law measures are a welcomed supporting measure to accompany a legislative proposal and the revision of certain private international law currently in force, however on their own they do not provide full judicial protection;
Amendment 131 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining media freedom and public democratic participation threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the 2020 rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual2021 and subsequent reports to include a thorough assessment of the legal environment for the media, and investigative journalism in particular and to look more thoroughly at challenges affecting civil society;
Amendment 149 #
2021/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation also has an important role to play in the proper functioning of the internal market, as it is often through public participation that breaches of Union law, including violations of fundamental rights, corruption and other practices threatening the proper functioning of the internal market are made known to the public;
Amendment 161 #
2021/2036(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that SLAPPs constitute not only undermine the right of access to justice of SLAPP victims, but also a misuse of Member States’ justice systems and legal frameworks, especially for successfully addressing ongoing common challenges outlined in the Justice Scoreboard, such as caseload administration and case backlogs; recalls that a properly functioning justice system delivers judgements without undue delay, and manages judicial resources so as to maximise efficiency, and that this is only possible where judges and judicial bodies are not burdened with the handling of claims that are later on dismissed as abusive and lacking in legal merit;
Amendment 165 #
2021/2036(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that the independence, quality and efficiency of national justice systems are crucial for the achievement of effective justice; underlines that the availability of legal aid and the level of court fees can have a major impact on access to justice; points out that the Charter has the same legal value as the Treaties; notes that, in accordance with the guidance of the Court of Justice of the European Union, the Charter is applied by Member States’ judicial authorities only when implementing legal acts of the Union, it is, however, important for the fostering of a common legal, judicial and rule of law culture that the rights as enshrined in the Charter be always taken into account;
Amendment 193 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; stresses that SLAPPs cause not only a financial burden but also bear dire psychological consequences for their targets as well as their family members; points out that this chilling effect can lead to self-censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 208 #
2021/2036(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that litigants that resort to SLAPPs use and abuse criminal defamation laws, civil lawsuits for libel, protection of one’s reputation or based on intellectual property rights such as copyright, but also that a variety of other instruments is misused to silence public participation, such as labour sanctions (dismissal), criminal charges of tax fraud, tax audit procedures and abuse of data protection rules;
Amendment 226 #
2021/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to sufficiently protect journalists, academics, civil society and NGOs and to ensure that fundamental rights are upheld in the Member States;
Amendment 230 #
2021/2036(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Is aware that victims or potential victims of SLAPP suits are being aided both financially and psychologically by other colleagues that have been faced with similar lawsuits or are knowledgeable about the character and procedure of SLAPP suits, to be able to understand and potentially even contest the lawsuit they have been served with;
Amendment 231 #
2021/2036(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Commends the important and useful work of civil society in raising awareness of the harmful effects of SLAPPs as well as the support it gives to victims and potential targets of SLAPPs;
Amendment 249 #
2021/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous civil society organisations, academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendmentsed in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls forincluding the introduction of a uniform choice of law rule for defamation, as well as for; urgently calls the Commission to present proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, association and assembly and information in the Union; is concerned that if measures only address lawsuits regarding infordefamation, actions based on other civil matters or criminal procedures may still be used;
Amendment 262 #
2021/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Affirms that legislative measures at Union level could be based on Article 81 of the TFEU (for cross-border civil lawsuits) and Article 82 of the TFEU (for threats ofcriminal lawsuits in cross-border cases), and separately on Article 114 of the TFEU to protect public participation in order to ensure the proper functioning of the internal market by exposing corruption and other distortions; asserts that the latter measure could also address attempts to prevent investigation and reporting on breaches of Union law using the same legal base asa similar approach to the one that led to the adoption of Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);
Amendment 274 #
2021/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, civil society and NGOs in preventing, reporting and denouncing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards, including early dismissal mechanisms, for persons investigating and reporting on these matters of public interest;
Amendment 293 #
2021/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to present a proposal for a measure that develops judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for rules on the dismissal of abusive lawsuits and other actions in court that have the purpose of preventing public participation, which should include sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damages; calls on the Commission, further, to address questions giving rise to forum shopping and libel tourism in a forthcoming review of the Brussels I and Rome II Regulations;
Amendment 294 #
2021/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to present a proposal for a measure that develops judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for rules on the dismissal of abusive lawsuits and other actions in court that have the purpose of preventing public participation, which should include sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damages; calls on the Commission, further, to address questions giving rise to forum shopping and libel tourism in a forthcoming review of the Brussels I and Rome II Regulations;
Amendment 295 #
2021/2036(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Whereas any Revision of the relevant rules in the Brussels I Regulation should be properly mirrored by an equivalent revision of the Lugano Convention so as to ensure a cohesive application of international jurisdiction rules in civil and commercial matters beyond the Union and where Union citizens are concerned;
Amendment 299 #
2021/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a proposal for measures toaddress the seriousness of SLAPPs brought through criminal proceedings by ensureing that defamation, libel and slander, which constitute criminal offences in most Member States, cannot be used for SLAPPs, including through private prosecution; underlines the calls of the Council of Europe and OSCE for the decriminalisation of defamation; invites the Commission to address the question of the seriousness of threats of SLAPPs in a legislative proposal; notes that defendants often face criminal charges while at the same time being sued for civil liability allegedly arising from the same conduct and invites the Commission to introduce harmonised procedural safeguards against those combined SLAPPs;
Amendment 315 #
2021/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs and organisations supporting them insofar as the funds are directly used for the support of legal fees or provision of legal aid and psychological support; stress the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support, including psychological support for victims and their family members;
Amendment 326 #
2021/2036(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers it necessary to collect data on SLAPP cases and raise awareness about the nature and detrimental effects of SLAPPs;
Amendment 338 #
2021/2036(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Highlights that the fight against corruption is essential for maintaining democracy, fundamental rights and rule of law, as corruption, which can take many forms, undermines our values, proper functioning of States and enables organised crime;
Amendment 339 #
2021/2036(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Calls on the Commission to strengthen in the framework of the annual Mechanism on DRF the regular, inclusive and structured dialogue with national authorities, NGOs, professional associations and other stakeholders in order to protect and support journalists, and other civil society representatives at risk of SLAPPs, prosecution or harassment;
Amendment 342 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part I – introductory part
Annex – point 1 – part I – introductory part
Legislative measures - a package addressing SLAPPs, including early dismissal mechanisms, should include proposals:
Amendment 342 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part I – introductory part
Annex – point 1 – part I – introductory part
Legislative measures - a package addressing SLAPPs, including early dismissal mechanisms, should include proposals:
Amendment 352 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 3
Annex – point 1 – part II – indent 3
the creation of a specific Union fund to provide financial support to victims of SLAPPs and their family members, including in terms of financial aid, legal assistance and psychological support;
Amendment 352 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 3
Annex – point 1 – part II – indent 3
the creation of a specific Union fund to provide financial support to victims of SLAPPs and their family members, including in terms of financial aid, legal assistance and psychological support;
Amendment 363 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 6
Annex – point 1 – part II – indent 6
a ‘one-stop-shop’/support hub which victims of SLAPPs can contact and where they can receive guidance and easy access to information and support on SLAPPs, including regarding ‘first aid’, legal aid, financial and psychological support, including through peer exchange networks;
Amendment 363 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 6
Annex – point 1 – part II – indent 6
a ‘one-stop-shop’/support hub which victims of SLAPPs can contact and where they can receive guidance and easy access to information and support on SLAPPs, including regarding ‘first aid’, legal aid, financial and psychological support, including through peer exchange networks;
Amendment 368 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part I – introductory part
Annex – point 2 – part I – introductory part
A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating or reporting:
Amendment 368 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part I – introductory part
Annex – point 2 – part I – introductory part
A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating or reporting:
Amendment 396 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part 1 – introductory part
Annex – point 3 – part 1 – introductory part
A proposal for a civil procedure measure applicable in SLAPP cases, also with a cross-border casesnature, should include:
Amendment 398 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part 1 – introductory part
Annex – point 3 – part 1 – introductory part
A proposal for a civil procedure measure applicable in SLAPP cases, also with a cross-border casesnature, should include:
Amendment 413 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) that the applicable law is the law of the place where the investigation or reporting took placeto which a publication is directed or, should that place not be possible to identify, the place of editorial control or relevant activity with regard to the public participation.
Amendment 415 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) that the applicable law is the law of the place where the investigation or reporting took placeto which a publication is directed or, should that place not be possible to identify, the place of editorial control or relevant activity with regard to the public participation.
Amendment 425 #
2021/2036(INI)
Motion for a resolution
Annex – point 4 – point b
Annex – point 4 – point b
(b) specify that private prosecution cannot be used to silence journalists, publishers, academics, civil society and NGOs;
Amendment 427 #
2021/2036(INI)
Motion for a resolution
Annex – point 4 – point c
Annex – point 4 – point c
(c) facilitate mutual recognition of judgements and judicial decisions, and police and judicial cooperation in criminal matters.;
Amendment 429 #
2021/2036(INI)
Motion for a resolution
Annex – point 4 – point ca (new)
Annex – point 4 – point ca (new)
(ca) explore possible harmonised procedural safeguards to protect defendants facing SLAPPs based on combined criminal charges and civil liability actions allegedly arising from the same conduct;
Amendment 429 #
2021/2036(INI)
Motion for a resolution
Annex – point 4 – point ca (new)
Annex – point 4 – point ca (new)
(ca) explore possible harmonised procedural safeguards to protect defendants facing SLAPPs based on combined criminal charges and civil liability actions allegedly arising from the same conduct;
Amendment 7 #
2021/2025(INI)
Motion for a resolution
Citation 26
Citation 26
— having regard to the report of the European Union Agency for Fundamental Rights of 17 January 2018 entitled ‘Challenges facing civil society organisations working on human rights in the EU’, and to its other reports and data, published on 17 January 2018, the bulletins on the fundamental rights implications of the Coronavirus pandemic in the EU, published in 2020, and to the Agency’s other reports, data and tools, in particular the European Union Fundamental Rights Information System (EFRIS),
Amendment 22 #
2021/2025(INI)
Motion for a resolution
Citation 50 a (new)
Citation 50 a (new)
— having regard to the report of the European Union Agency for Fundamental Rights of 10 September 2020 on Antisemitism: Overview of antisemitic incidents recorded in the European Union;
Amendment 67 #
2021/2025(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes that all Member States are being scrutinised along the same indicators and in accordance with the same methodology; appreciates that the Commission includes observations and findings about all Member States; regrets, however, that the current presentation of the report neither differentiates between the severity of the identified rule of law issues nor whether these are of systemic nature or individual, disconnected breaches; is of the opinion that there is a serious difference between systemic and individual, disconnected breaches of the rule of law; emphasises that this equal presentation of breaches of different nature carries the risk of trivialising the most serious rule of law breaches; urges the Commission to differentiate its reporting by distinguishing between systemic and individual, disconnected breaches of rule of law; calls on the Commission to update its methodology accordingly and keep Parliament informed without undue delay;
Amendment 81 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law; calls on the Commission to propose EU Anti- SLAPP legislation to protect journalists from vexatious lawsuits;
Amendment 85 #
2021/2025(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes that the first rule of law report is mostly descriptive of the situation in the Member States; calls on the Commission to make the report more analytical in the future and also include specific assessments and recommendations to the Member States on how to improve or remedy the breaches; underlines that these recommendations should include deadlines for implementation, where appropriate, and asks the Commission to include a follow-up on the implementation of its recommendations in its future reports;
Amendment 126 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7political pressure in Member States subject to Article 7 of the TEU to prevent the initiation of preliminary ruling proceedings by national courts before the Court of Justice of the TEU; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Unionunity of EU law and to the functioning of the Union as such; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment; calls on the Commission to closely monitor the rulings of national courts regarding the primacy of EU law over national constitutional norms; urges the Commission to ensure immediate and adequate responses to refusals to implement and respect CJEU judgements, such as court actions following Article 260 TFEU;
Amendment 151 #
2021/2025(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the inclusion in the report of a specific chapter on monitoring media freedom and pluralism; urges the Commission to provide an assessment of the efficiency and effectiveness of the national frameworks for the protection of media freedom and media pluralism; calls on the Commission to put a specific focus on murder cases of journalists with a particular focus on the effective subsequent criminal investigations and proceedings;
Amendment 156 #
2021/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the lack of assessment as regards the public and private media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitored; calls in this regard on the Commission to examine attempts of intimidation and defamation of journalists, in particular by public service broadcasters; in this context, highlights the trend that increasingly also foreign journalists are directly attacked as public enemies for their investigative reports; _________________ 19 OJ L 303, 28.11.2018, p. 69.
Amendment 166 #
2021/2025(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is alarmed by the growing deterioration of media freedom and media pluralism in some Member States since the publication of the 2020 report; observes with concern that challenges to media freedom are interlinked with the undermining of the freedom of expression, artistic freedom and academic freedom; recalls in this regard physical, psychological and economic threats directed towards journalists that have so far resulted in the murder of investigative journalists; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordingly;
Amendment 192 #
2021/2025(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Recalls the importance of independent national human rights institutions and national ombudsman bodies, in full compliance with the Paris Principles, as well as equality bodies, in preserving citizens' rights and being able to defend the rule of law at national, regional and local level;
Amendment 205 #
2021/2025(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the Commission to include country chapters of all candidate and potential candidate countries to EU enlargement with an in-depth analysis on their justice systems, anti-corruption frameworks, on media freedom and pluralism, as well as on institutional checks and balances;
Amendment 223 #
2021/2025(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to present annual reports on democracy, the rule of law and fundamental rights, including equality and rights of persons belonging to minorities, as part of the Union’s annual reporting mechanism;
Amendment 225 #
2021/2025(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; believes that such an annual review should provide input for a comprehensive mPoints out that the mechanism should consolidate and supersede existing instruments to avoid duplication, in particular the Commission’s annual rule of law report, the Commission’s Rule of Law Framework, the Commission’s annual reporting on the application of the Charter, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including procedures under Article 7 TEU, infringement proceedings and budgetary conditoring mechanism and that its methodology, cycle and scope should therefore be aligned wiionality once in force; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and of budgetary conditionality once in force; stresses that the roles and prerogatives of each of the the annual reportsree institutions must be respected;
Amendment 239 #
2021/2025(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls on the Commission to invite the EU Agency for Fundamental Rights to provide methodological advice and conduct targeted comparative research to fill gaps and add detail in key areas of the rule of law report in addition to the contributions the Agency already makes in terms of, for instance, using EFRIS and data on civic space;
Amendment 279 #
2021/2025(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates that the annual report should serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values; considers that the Conference on the future of Europe could further clarify in Treaty provisions the well-established legal principle on the primacy of EU law;
Amendment 291 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls on the Commission to launch a dedicated programme that supports innovative initiatives with the aim of promoting formal and informal education with regard to the rule of law and democratic institutions among EU citizens of all ages, in particular at local and regional level;
Amendment 294 #
2021/2025(INI)
Motion for a resolution
Subheading 10 a (new)
Subheading 10 a (new)
Calls on the Council and the Commission to provide adequate funding for an independent and European-wide, national, regional and local quality journalism that investigates in particular where violations and shortcomings have been identified;
Amendment 296 #
2021/2025(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to assess in successive reports how the issues identified in the areas analysed in previous reports have evolved; calls on the Commission to follow-up on its previous observations and analyse any positive or negative developments while highlighting in particular any systemic or reoccurring patterns of rule of law breaches;
Amendment 298 #
2021/2025(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to assess in successive reports how the issues identified in the areas analysed in previous reports have evolved, clearly outlining positive and negative trends;
Amendment 35 #
2021/2013(INI)
Motion for a resolution
Recital A
Recital A
A. whereas health is fundamental to the well-being of Europeans and equitable access to healthcare is a pillar of the EU; whereas safe, affordable medicines are needed to combat all diseases; whereas patients should be at the centre of all health policies, alongside investment and research, and in every aspect of the medicine regulatory lifecycle;
Amendment 51 #
2021/2013(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the disruption of the global supply chain ensuing from the COVID-19 pandemic has highlighted the EU’s dependency on third countries in the health sector; whereas the EU's open strategic autonomy and security of supply should be ensured by diversification of supply chains for essential medicines and medicinal products, including European manufacturing sites, as well as by applying public procurement rules that should not consider price as the sole criterion;
Amendment 91 #
2021/2013(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas a competitive and resilient European research-based pharmaceutical industry is more responsive to patients’ needs and to strategic interest for public health, economic growth, jobs, trade, and scientific and technological progress;
Amendment 150 #
2021/2013(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes the upcoming creation of the European Health Emergency Preparedness and Response Authority (HERA) and calls for the allocation of sufficient resources and power autonomy to broadly address all the cross-borders threats to health that EU could face in the middle term and beyond the sole COVID- 19 pandemic, including resources for the development of new therapeutics against viral and bacterial pathogens;
Amendment 256 #
2021/2013(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to apply public procurement rules that should not consider price as the sole and main selection criterion;
Amendment 319 #
2021/2013(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the Commission to ensure that EU funding for biomedical research and development includes clauses that contribute to the availability and affordability of final products;
Amendment 434 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission to expand the role of EMA in the assessment of drug-device/diagnostic combination products to simplify the fragmented supervisory framework; believes that greater regulatory agility and efficiency can be achieved by adopting a more expertise-driven scientific assessment on marketing authorisations within the European Medicines Agency(EMA);
Amendment 463 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Calls on the Commission to facilitate assessment processes that allow for early and iterative dialogue on data and evidence as they are generated; calls on the EMA and national medicine agencies to prioritise the submission of data from randomised controlled clinical trials that compare an investigational medicine against the standard treatment;
Amendment 471 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Requests the Commission to work with Member States to reduce fragmentation in the application of the General Data Protection Regulation, which substantially increases the complexity and burden of conducting clinical research in Europe;
Amendment 476 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12 e. Notes that decisions taken regarding the EU's pharmaceutical regulatory environment will have implications beyond Europe's borders, given that several third countries recognize and rely on EU requirements, particularly when it comes to the facilitation of exports and the waiving of requirements to test these in third countries when they come from the EU; therefore emphasizes the importance of maintaining such mutual recognition agreements with third countries and ensuring that these remain up to date;
Amendment 519 #
2021/2013(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the fact that gene and cell therapies, personalised medicine, nanomedicines and nanotechnology, next- generation vaccines, including the m-RNA derivatives, e-health and the ‘Million plus genomes’ initiative can bring enormous benefits in relation to the prevention, diagnosis, treatment and post-treatment of all diseases; urges the Commission to develop appropriate regulatory frameworks, to guide new business models, and to run information campaigns to raise awareness and encourage the use of these innovations;
Amendment 528 #
2021/2013(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Calls on the Commission to establish a regulatory framework for nanomedicines and nanosimilars, and calls for these products to be approved through a compulsory centralised procedure;
Amendment 618 #
2021/2013(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Supports the Commission in its efforts to conduct a structured dialogue with players in the pharmaceutical value chain, public authorities, non-governmental patient and health organisations and the research community to address the root causes of shortages of medicines and the weaknesses in the global medicines manufacturing and supply chain;
Amendment 514 #
2020/2273(INI)
10. Expresses its support for the 2030 targets of bringing at least 25 % of agricultural land under organic farm management, - whilst noting that the geographic realities of some Member States make this difficult to achieve due to their size and the proximity of agricultural areas to contaminants outside of farmers' control - which should become the norm in the long term, and ensuring that at least 10 % of agricultural land consists of high-diversity landscape features, which should be implemented at farm level, targets which should both be incorporated into EU legislation; considers it imperative that farmers receive support and training in the transition towards agroecological practices;
Amendment 544 #
2020/2273(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Emphasises that farmers have a key role in the success of this strategy as guardians of our shared environmental and cultural heritage and that this strategy should be aligned with the measures, goals and targets of the Farm to Fork strategy;
Amendment 550 #
2020/2273(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Underlines the importance of biodiversity in ensuring dietary adequacy; considers that farmers should be supported to foster sustainable diets with an emphasis on nutritionally rich varieties of plants and breeds of animals that are best suited for the local environment and contribute to local biodiversity;
Amendment 682 #
2020/2273(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that the programme of Urban Greening Plans for cities with at least 20,000 inhabitants should be reviewed and expanded to include cities and densely urbanised areas with fewer than 20,000 inhabitants in order to reach more urban areas within the Union;
Amendment 684 #
2020/2273(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Stresses that such projects as proforestation, greening, reforestation and landscaping should prioritise indigenous flora, in order to create or expand nurseries of indigenous plants best suited for local ecosystems;
Amendment 685 #
2020/2273(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Emphasises that greening efforts should not merely focus on beautification of the particular space, but rather should make use of indigenous flora, maximise the amount of flora used and also promote the growth of wildflowers which are of great importance to pollinators;
Amendment 760 #
2020/2273(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Highlights the precarious state of soil health in the Mediterranean region due to desertification, rising temperatures and the subsequent soil erosion and the loss of microorganisms and plant species which contribute to soil health which furthers leads to biodiversity loss;
Amendment 761 #
2020/2273(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Stresses the need for a system of identifying degraded and contaminated soil for restoration, of defining the conditions for their healthy ecological status, of introducing restoration objectives and parameters for monitoring soil health, whilst also recognising the role that composting can play to meet this objective, and in particular compost produced on a large scale that serves circular economy goals as a product of food waste recycling;
Amendment 870 #
2020/2273(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Regrets that the list of Union concern represents less than 6 % of IAS present in Europe; calls on the Commission to ensure proper coverage of IAS affecting threatened species on the EU list and to reinforce prevention by introducing mandatory risk assessments prior to the first import of non-native species and by adopting white lists by 2030 at the latest, while also ensuring that the adopted white lists of non-native species respect the diverse ecological realities of the Union;
Amendment 879 #
2020/2273(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Highlights the need for protections and safeguards for local breeds and plant varieties as it is these breeds and varieties which are best suited to the local ecosystem and contribute most to local diets; considers that measures should be taken to encourage farmers and stakeholders involved in land management to make use of a wide variety of local breeds, invest in restoring dwindling local breeds, and where necessary, reintroduce species that were once present, but were lost over time;
Amendment 923 #
2020/2273(INI)
22a. Emphasises that local stakeholders with the necessary and relevant expertise should be involved in the decision-making process of how and where EU funds are spent to ensure that the goals of this strategy are met with utmost efficacy and that the EU environmental acquis is not breached;
Amendment 1130 #
2020/2273(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that marine plastic pollution has increased tenfold since 1980, affecting at least 267 species and human health; calls on the Union to lead negotiations for an international agreement for plastic-free oceans by 2030;
Amendment 553 #
2020/2260(INI)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Urges the Commission to also focus on the importance of place when formulating the measures that will bring this strategy to life; whilst, it is essential that we reform our food system to bring it in line with our climate goals, we must remember that our food is our culture and heritage and that those who produce it must be supported through these reforms; urges the Commission to implement the reforms in a manner sensitive to our shared and diverse history and that respects the different geographic realities within the Union;
Amendment 777 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the reduction targets of the use of chemical pesticides and fertilisers need to be accompanied by an increase in research and development of alternative plant protection products and fertilisers, as well as application methods and technologies, if the EU truly wants to become the front runner in terms of sustainable and environmentally friendly agriculture; calls on the Commission to carry out an impact assessment and the Member states to offer farmers a tool box of alternatives for plant protection and fertilization in order to ensure the security of supply with high-quality and biodiversity-friendly produced food; calls on the co-legislators to take these targets duly into consideration in the upcoming legislative initiatives;
Amendment 779 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to facilitate agricultural innovation and the access to these technologies for European farmers in the pursuit of further protecting biodiversity by incentivising technologies, including biopesticides and digital tools with a proportionate and evidence-based regulatory framework which can support the need for monitoring and decision-making;
Amendment 808 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes measures to reduce the use of pesticides, artificial fertilisers and antibiotics; however, emphasises that any innovative and less harmful products used in their place must be accessible for farmers in all Member States, in order to have the same toolkit across the Union;
Amendment 969 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to establish a plan for the compensation of the loss of income of farmers, which may result due to the set farm to fork targets and the interlinked decline in production;
Amendment 1192 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that the farm to fork strategy should fully take into account the upcoming agreement on the CAP Strategic Plans and avoid additional legal burdens and uncertainty for farmers after the agreement of the new CAP;
Amendment 1195 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to encourage Member State governments to expand or create systems which allow members of the public to rent and utilise derelict and unused government-owned land for food production;
Amendment 1196 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Highlights the importance of family-run, small to medium sized businesses and producers’ organisations in shortening supply chains; therefore, calls for specific support measures to have the capacity to sell directly to consumers, whether through assistance in setting up digital platforms, or increasing their physical premises; stresses that support for the survival and growth of these enterprises will not only mean support for local businesses but also for the local produce they grow and sell as well as other benefits such as less packaging waste and an increased understanding of the local food system; highlights that in supporting these enterprises the need for multiple links in the supply chain will be reduced;
Amendment 1202 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Welcomes the goal of shortening supply chains; highlights however, the reality of island Member States and island territories, disconnected from mainland Europe, faced with issues of isolation and dependence on imports for necessary products, such as grains for animal feeds, which needs to be respected when implementing measures to reduce the dependence on long-haul transport and other measures which will shorten supply chains; highlights that without long-haul transport of certain foodstuffs the food security of these disconnected areas would be jeopardised;
Amendment 1233 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food production; as well as ensuring rights to food security in a manner best suited for the specificities of each Member State as well as adequate space and land for agricultural production;
Amendment 1329 #
2020/2260(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission for a strategy on supporting local value chains as a key element for reaching the proposed targets; stresses that small- scaled agriculture and SMEs require additional support for realising the proposed targets;
Amendment 1438 #
2020/2260(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for primary producers, especially family-run and small businesses across the food system, to be supported in making the transition to greater sustainability through the encouragement of cooperation and collective actions as well as through competition rules and the enhancement of possibilities for cooperation within the common market organisations for agricultural, fishery and aquaculture products, and thus for farmers’ and fishers’ position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production;
Amendment 1452 #
2020/2260(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the Commission and Member States to reduce the administrative burden on small and medium sized participants in the food chain, through measures such as streamlining registration processes and making permit and licence and approvals more efficient and also by ensuring that relevant regulatory bodies are appropriately staffed, in order for small food producers to get their products to market as quickly and easily as possible;
Amendment 1475 #
2020/2260(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to follow up on Directive (EU) 2019/633 on unfair trading practices22 and the EU code of conduct on responsible business and marketing practices by producing a monitoring framework for the food and retail sectors and providing for legal action if progress in integrating economic, environmental and social sustainability into corporate strategies is insufficient, and in so doing promoting and rewarding the efforts of sustainable agricultural producers while increasing the availability and affordability of healthy, sustainable food options and reducing the overall environmental footprint of the food system; stresses the importance of halting and addressing consolidation and concentration in the grocery retail sector in order to ensure fair prices for farmers; calls for safeguards for local food producers and their products should also be encouraged as support for local producers will reduce links in the supply chain and prevent further consolidation and concentration in the grocery retail sector which lacks obligations on country of origin labelling and supplying local produce when available; _________________ 22 OJ L 111, 25.4.2019, p. 59.
Amendment 1514 #
2020/2260(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Urges the Commission to examine the ways in which mandatory country-of- origin labelling could be implemented and enforced to combat food fraud, support local food producers that are best placed to meet the targets set in the Biodiversity Strategy 2030 and protect cultural heritage whilst not distorting the internal market;
Amendment 1667 #
2020/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for measures to reduce the burden that highly processed foods with high salt, sugar and fat content place on public health; regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt; calls for a mandatory EU-wide front-of-pack nutrition labelling system based on independent science which is easy for consumers to understand, easily legible and does not over-burden food packaging businesses and unions;
Amendment 1772 #
2020/2260(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint as well as a clear label of origin; underlines that food prices must send the right signal to consumers; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice should become the most affordable one; stresses the importance that is necessary to ensure a fair income for farmers;
Amendment 1776 #
2020/2260(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; reiterates the importance of promoting sustainable dietsand safeguarding sustainable diets which are sensitive to the diverse cultures and heritage within the EU, by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; underlines that food prices must send the right signal to consumers; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice should become the most affordable one;
Amendment 1876 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy and plant-based foods and less red and processed meat, sugars, salt, and fats, which will also benefit the environment; emphasises that EU-wide guidelines for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based dietsguidelines which are targeted at segments of the population with the unhealthiest eating practices and suggest specific actions to promote diets and practices which are healthy, sustainable and sensitive to the diverse cultures within the EU;
Amendment 1898 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy and plant-based foods and less red and processed meat, sugars, salt, and fats, which will also benefit the environmentfood, towards more sustainable and regional products; emphasises that EU-wide guidelines for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based diets;
Amendment 2020 #
2020/2260(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates its call to take the measures required to achieve a Union food waste reduction target of 30 % by 2025 and 50 % by 2030 compared to the 2014 baseline; underlines that binding targets are needed to achieve this and that it should also be tied to the Unions circular economy objectives with food waste acting as a source of material for energy production as well as for use in the large scale production of compost;
Amendment 2058 #
2020/2260(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the proposed revision of EU rules on date marking; stresses that any change to date marking rules should be science based and should improve the use of date marking by actors in the food chain and its understanding by consumers, in particular ‘best before’ labelling, while at the same time not undermining food safety or quality; calls on the Commission to consider animal protein that is treated appropriately and that would otherwise be discarded, as an alternative feed for omnivorous animals; this would reduce waste as well as reduce the reliance on an external supply of grain for feed;
Amendment 2075 #
2020/2260(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls for aquaponic, hydroponic and aeroponic agriculture methods to be included in the strategy due to their potential to contribute to the shortening of supply chains as well as their role in expanding agricultural output in urban areas; calls for a revision of the Commission’s requirements for plant growth in the soil ecosystem to be classed as organic as this disincentivises investment in these innovative methods;
Amendment 2138 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Highlights in this regard the importance of agricultural internships supported by Erasmus+;
Amendment 2200 #
2020/2260(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU regulations and standards and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomes the Commission’s intention to take the environmental impacts of requested import tolerances into account; highlights that viable EU- produced alternatives to imports from third countries must be available and accessible to all the Union’s food producers to avoid increased costs if tariffs are imposed or if the food and feed products are no longer available;
Amendment 2 #
2020/2194(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Expresses its overall satisfaction with the work of the eight decentralised agencies (CEPOL, EASO, EMCDDA, eu- LISA, Eurojust, Europol, FRA, Frontex) falling within its remit and of the European Data Protection Supervisor (EDPS), which carry out operational, analytical or managerial tasks and thereby support the Union institutions as well as Member States in implementing policies in the area of Justice and Home Affairs (JHA) and the way their budgets are implemented; reiterates the need to ensure adequate financial support for JHA agencies to deliver the tasks assigned to them in full transparency and to fulfil their mandates in full compliance with fundamental rights;
Amendment 6 #
2020/2194(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Court found that the payments underlying the accounts were legal and regular for all agencies except for EASO, for which a qualified opinion was issued due to irregularities in regard to public procurement procedures and related payments; is disappointed that the legality and regularity of payments only slowly improved in 2019; regrets that, once again, there were irregular payments, representing 14,6 % of the value of all payments made by EASO in 2019; Anotes that corrective actions were implemented by the EASO in 2019 to address the irregularities; acknowledges that the Executive Director is taking action to improve the management of EASO;
Amendment 8 #
2020/2194(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes the inherent difficulty that the agencies face when required to submit their Single Programming Document while the relevant legal instruments are still under negotiation by the co- legislators, thereby leading to a situation where budget lines are made available before their corresponding legal instruments are adopted; calls on the Commission to improve its communication with the agencies to better streamline the expected timelines for the adoption of legislation and corresponding budget lines; notes the Court’s Recommendation that agencies should be allocated resources in a more flexible manner while stressing the importance of due reporting, transparency and auditing;
Amendment 9 #
2020/2194(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes the high level of cooperation in the area of migration that concerns the JHA agencies, particularly at the hotspots; notes with approval the regular meetings conducted amongst CEPOL, EASO, Frontex, EMCDDA, eu- LISA, Eurojust, Europol, FRA, DG HOME and DG JUST of the Commission in the framework of the JHA Agencies’ Network, also aided by the EU Policy Cycle/ EMPACT framework; highlights the Court’s observation that JHA Agencies, particularly Europol, Eurojust and Frontex, are fully integrated in the external dimension of the Area of Freedom, Security and Justice and are amongst the internationally most active agencies;
Amendment 10 #
2020/2194(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the Court did not address ‘emphasis on the matter’ with regard to JHA agencies, with the exception of FRONTEX, for which the Court drew attention to the level of error related to equipment expenditure in the context of grant agreements with cooperating countries; notes the Court’s observation that the Agency has taken steps to improve ex-ante verifications, and has re- introduced ex-post verifications on reimbursements in 2019, in line with recommendations made in previous years; expresses its concern about the serious and repeated allegations of FRONTEX's involvement in the pushbacks and of migrants and allegations of violations of fundamental rights;
Amendment 15 #
2020/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that public procurement continues to be the main area prone to error in relation to all Union decentralised agencies; calls therefore on the affected JHA agencies, i.e. Europol, and CEPOL to improve their public procurement procedures with a view to compliance with applicable rules and as a result, the achievement of the most economically advantageous purchases, while respecting the principles of transparency, proportionality, equal treatment and non- discrimination and eu-LISA to improve the recruitment procedure.
Amendment 17 #
2020/2194(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Takes note that the Court did not audit the 2019 accounts of the European Public Prosecutor's Office ('EPPO'), since the EU body was not yet financially autonomous; expects the Court to present an audit of the accounts of the EPPO for the accounting year 2020.
Amendment 2 #
2020/2181(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (the 'Agency') offers an important contribution to a safer Europe by applying the highest levels of information security and data protection to the information entrusted to it, providing high-quality services and helping to align Member States’ technological capabilities with their needs; reminds that the Agency’s new mandate that entered into force in December 2018 enhanced its capacity to both improve existing and develop new information systems was enhanced by its new mandate which entered into force in December 2018and tasked the Agency to ensure their interoperability;
Amendment 4 #
2020/2181(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates the Agency's very low budget implementation in 2019, with close to 55.2 % (EUR 159 million) of commitment appropriations carried forward and 47.832 % (EUR 6643 million) of payment appropriations unusedreturned to the general budget; acknowledges that this was due to the late adoption or entry into force of certain legislative acts; calls on the Agency and the Commission to improve the budgetary planning in the future and to improve alignment of budgetary planning with the timing of the related legal acts;, which created a significant difference between the actual timeline for their implementation compared with the timeline set by the Commission in the respective Legislative Financial Statements; recommends, therefore, the Commission to involve and consult the Agency at the earliest stage of preparation of relevant legislative proposals in order to improve the assumptions underpinning the financial planning and thereby improve alignment of budgetary planning with the timing of the related legal acts, also to avoid making it necessary for the Agency to turn to private contractors and outsource tasks that may in turn lead to the Agency becoming dependent on external entities for operations that are of a sensitive and critical nature; (The Payment Appropriations were nearly entirely returned to the General Budget via the global transfer exercise. At the start of 2019, eu-LISA had €204 in Payment Appropriations inscribed, out of which it returned €43 million to the General Budget (32%). Finally, the Legislative Financial Statements accompanying each legislative proposal are decided by the Commission. A recommendation for it to involve eu-LISA at the earliest planning stages to improve budgetary planning alignment is justified.)
Amendment 12 #
2020/2181(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the progress made regarding the Court’s recommendations from previous yearsobservations and Parliament's ensuing recommendations from previous years, specifically the Agency's publication of vacancy notices on the website of the European Personnel Selection Office (EPSO) in addition to on its website and on social media.
Amendment 2 #
2020/2172(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations and providing operational analysis; emphasises also the extension of its tasks and its growing role in the prevention and combating of serious crime, includingand organised crime, and terrorism;
Amendment 8 #
2020/2172(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes that the Court of Auditors ('the Court') has declared the transactions underlying the annual accounts of Europol for the financial year 2019to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly represented; welcomes that the Court has found the payments underlying the accounts for the year ended 31 December 2019 to be legal and regular in all material aspects;
Amendment 14 #
2020/2172(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the number of operations that Europol supported grew from 1 748 in 2018 to 1 921 in 2019 (representing an increase of 9,89 %) and that operational meetings funded by Europol increased from 427 in 2018 to over 500 in 2019 (representing an increase of 17%), which underline the substantial increase in the importance of the Agency's work;
Amendment 17 #
2020/2172(DEC)
4. Regrets to note again the Court’s finding that there were weaknesses in contract management and ex ante controls linked that the Europol irregularly prolonged the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; notes that this resulted in irregular payment of EUR 32 531 in 2019.; takes note of the explanations from Europol in response to the Court’s finding, highlighting that the extension was a conscious decision to preserve business continuity and that Europol will have an internal audit on contract management in 2021 to obtain assurance on its contract management arrangements and calls on the Agency to improve the regularity of transactions;
Amendment 22 #
2020/2172(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes the late payments issued by the Agency in 20 % of the cases in 2019; acknowledges that the level of late payments was even higher in previous years but calls on the Agency to regularise payments to bring these in line with the Financial Regulation to avoid reputational risk;
Amendment 25 #
2020/2172(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes the Court’s observations that tendering documents for procurement were not specific enough in 2019 with regard to the procurement of furniture, which undermines the competitive nature of tendering procedures; calls on the Agency to ensure that tendering specifications are comprehensive to allow fair and effective competition;
Amendment 30 #
2020/2172(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes the Court’s observations that underlying prices and calculation of certain discounts were not properly checked prior to submitting the order form to the contractor of the purchasing of furniture; calls on the Agency to integrate such checks in its ex-ante controls, before signing and sending the order forms;
Amendment 31 #
2020/2172(DEC)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Welcomes the Agency’s action following the Court’s observation from 2017 so that it now publishes vacancy notices on the website of the European Personnel Selection Office in addition to on its own website and on social media;
Amendment 5 #
2020/2158(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the fact that Eurojust was faced with a decrease in its budget from EUR 47 to 44 million (-6.38%) and merely a slight increase in staff from 238 to 239 (+0.4%) despite a 17% increase in workload compared to 2018; reminds that the workload is expected to increase further due to the new, strengthened, mandate which entered into force in 20191 ; further recalls that the number of coordination centres held in 2019 increased from 17 to 20 (+19%), demonstrating the popularity and utility of this operational tool; stresses the essential role that Eurojust plays in the Union security chain and maintains that its budget should match its tasks and priorities in order to enable it to fulfil its mandate; _________________ 1Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32018 R1727
Amendment 8 #
2020/2158(DEC)
4. Notes that an outstanding observation from 2018, namely, the use of a negotiated procurement procedure is still to be justified; welcomes the Agency's action following the Court's observation from 2017 so that it now publishes vacancy notices on the website of the European Personnel Selection Office in addition to its own website and on social media;
Amendment 4 #
2020/2153(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates its concern that the Court has identified a horizontal trend acrossrecurrent shortcoming applying to several agencies in the use of external staff hired in IT consultancy roleand interim workers; calls for the dependency on external recruitment in this important area to be addressed; notes the pending case before the CJEU as regards the use of interim workers by EMCDDA, and for applicable labour law to be respected; welcomes that the Centre's reply that it has reassessed its policy for use of temporary workers with a view to further rationalise the latter is in line with its operating needs and the relevant legal framework; notes the pending case before the CJEU1a, which addressinges several questions concerning the application of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency workers to EU agencies; _________________ 1a C-948/19 Manpower Lit.
Amendment 3 #
2020/2152(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are promoted and protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rightsfundamental rights' impact on security policy; highlights, in particular, the value of the Agency’s studies and opinions for the development and implementation of Union legislation;
Amendment 6 #
2020/2152(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Court of Auditors (‘the Court’) has declared the transactions underlying the annual accounts of the Agency for the financial year 2019 to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly presented; deplores the fact that the budget of the Agency ofdecreased from EUR 30 million decreased in 20198 to EUR 29 million in 2019and notes the slight staff increase from 110 to 114 in 2019during the same time;
Amendment 8 #
2020/2152(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; calls on the Agency to further improve its financial planning and its implementation cycles; welcomes that the Agency has in the meantime implemented a new project management tool to better sustain the high amount of data and that this is expected to enable the Agency to better estimate its carry-overs to meet its stated Key Performance Indicators; recommends a re-evaluation of the situation until the percentage of carry- overs is reduced to an acceptable level;
Amendment 12 #
2020/2152(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes that the Agency has attained 100% of the budgetary execution for committed appropriations and that it has surpassed its outturn target with a result of 99.43%;
Amendment 14 #
2020/2152(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the progress madeintroduction of e- tendering by the Agency in relation toline with the recommendations of the Court on the introduction of e-tendering; calls on the FRA to step up its efforts regarding the outstanding recommendation on e- submission while acknowledging that this is not solely under the control of the Agency.
Amendment 16 #
2020/2152(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the launch of the European Union Fundamental Rights Information System (EFRIS) for the more systematic use of assessments of the Union’s and Member States’ international human rights obligations, also following the encouragement of the Parliament to develop such a tool;
Amendment 22 #
2020/2152(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes the implementation of the Agency’s Anti-Fraud Strategy throughout 2019 with a special focus on the provisions of FRA guidelines on whistleblowing; encourages the Agency to continue its work in this regard.
Amendment 3 #
2020/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. BelieveRecalls that the Commission’s use of its right has a near monopoly ofn legislative initiative has been neither constructive nor productive in recent years; believess, and that the samse shoulds true of the frequent use of recast procedures and the lack of respect the principles of proportionality, subsidiarity and better law-making and be accompanied by a proper impact assessment;
Amendment 13 #
2020/2132(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that Treaty revision is a lengthy process; strongly recommends therefore that in the meantime the European Parliament explores all other options to enhance its right to initiate legislation;
Amendment 15 #
2020/2132(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
Amendment 16 #
2020/2132(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Believes that the Conference on the Future of Europe provides the right opportunity to discuss with civil society the powers of the European Parliament;
Amendment 28 #
2020/2088(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the higher turnout was ultimately linked toshould not divert our attention from the gains by Eof eurosceptics, which should be considered as a warning for European integration, especially in several founding Member States where far-right extremists and anti-European forces won the electionspopulist and nationalist movements; whereas many of these radical forces from left to right are against the EU integration project;
Amendment 32 #
2020/2088(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the higher turnout is also a sign that EU citizens want the EU to act swiftly and effectively on important matters such as climate change, migration, protection of fundamental rights and democratisation;
Amendment 35 #
2020/2088(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas we need to be more efficient and proactive in taking advantage of all means of communication, including digital technology, to foster a strong link between European political decisions and constituents’ sense of connection to EU institutions;
Amendment 56 #
2020/2088(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the amendedParliament should pursue its proposals for amendments to the Electoral Act, still pending ratification by some Member States, already requires further improvements (i.e. regarding parental leave for MEPs)with renewed vigour and to push for unified European electoral rules;
Amendment 70 #
2020/2088(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the 2019 elections failed to culminate in the choice of a Commission President from among the various Spitzenkandidaten, resulting in a backward step from the process which was established in 2014;
Amendment 78 #
2020/2088(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Spitzenkandidaten process has yet to be fully developed; whereas it lacks, among other things, the possibility for Spitzenkandidaten to stand as official candidates in all Member States on transnational lists, allowing all European voters to choose and vote for their preferred Spitzenkandidatimproved, allowing all European voters to know who are the candidates to the presidency of the European Commission and how they were chosen by European political parties; whereas Parliament raised this issue in its decision of 7 February 2018 on the revision of the Framework Agreement on relations between the European Parliament and the European Commission15 ; ; _________________ 15 Texts adopted, P8_TA(2018)0030.
Amendment 84 #
2020/2088(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Spitzenkandidaten system needs to be improved and formalised in the EU’s primary law after an in-depth institutional reflectionaddressed and reflected upon in the Conference for the Future of Europe; whereas this reflection should also include the de facto political role of the Commission and its President and any related changes to the decision-making process of the Union;
Amendment 88 #
2020/2088(INI)
Motion for a resolution
Recital M
Recital M
M. whereas institutional improvements such as transnational lists, as acknowledged by Parliament in its resolution of 7 February 2018 on the composition of the European Parliament, or the transformation of the Council into a second legislative chamber of the Union, as proposed in its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union, would radically transform the European elections into one true European election,are needed in order to achieve a true European political sphere as opposed to the collection of 27 separate national electiondebates that it is today;
Amendment 94 #
2020/2088(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. Whereas proposal such as the "transnational lists" or the transformation of the Council into a second legislative chamber are still under discussion; whereas none of them count currently with a majority support; Whereas the upcoming Conference on the Future of Europe provides a true opportunity to discuss these issues and other institutional reforms; Whereas the success of the Conference will crucially depend on the agenda, the involvement of the citizens and the European Council's willingness to implement results;
Amendment 109 #
2020/2088(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas European political parties and foundations are the primary facilitators of a successful European political debate, both during and beyond European elections and should be rendered more visible;
Amendment 125 #
2020/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the higher turnout in the 2019 European elections; considers that this shows that an increasing proportion of citizens consider the EU to be the appropriate level at which to address the challenges of our time such as climate change and environmental concerns, social and gender inequalities, sustainable growth, and geopolitical concerns such as migration and foreign policyas economy and sustainable growth, public health, climate change and environmental protection, digital revolution, the promotion of freedom, human rights and democracy, social and gender inequalities, migration and demography, security and the role of the EU in the world; urges all the European institutions, therefore, to take responsibility and to act upon the mandate they have been given, directly or indirectly, by the citizens; regrets both the lack of decisiveness by the Council and the lack of clear intent to achieve solutions based on a common approach;
Amendment 135 #
2020/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. DeplorWelcomes the fact that the outcome of the elections did not lead togender balance in Parliament has improved over the last elections; Stresses however that there is still room for further improvements in order to achieve a genuine gender -balance ind Parliament; calls on the Commission, in cooperation with Parliament and other bodies such as the Venice Commission, to formulate recommendations to Member States with a view to increasing the representation of women in the European Parliament;
Amendment 158 #
2020/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that the reason whyAcknowledges that the Spitzenkandidaten process failed to produce a President of the European Commission after the 2019 elections is because no improvements were made to it following the experience of 2014; intends to strengthen the democratic process for choosing the Commission President before the next European elections of 2024;
Amendment 165 #
2020/2088(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the up-comingCalls for the swift adoption of the joint declaration of the three European institutions on the Conference on the Future of Europe, recalls the commitment by the Commission President to address the issue of transnational lists and the Spitzenkandidaten process as the priority institutional issues during the Conference;
Amendment 173 #
2020/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition; recommends that the election procedure be reversed so that Parliament proposes and elects the President of the Commission, after obtaining the consent of the European CouncilRecalls the commitment by the Commission President to address the issue of the Spitzenkandidaten process and transnational lists in the context of the Conference on the Future of Europe; Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition, as shown in the election of July 2019 of the von der Leyen Commission;
Amendment 186 #
2020/2088(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the outcome of the European elections has reinforced the political dimension of the election of the European Commission, and therefore the need for more accurate and objective scrutiny of the declarations of interests of the Commissioners-designate; calls for the creation of an independent body, endowed with the appropriate means, to have this scrutiny included in its responsibilitiesstrengthening of this scrutiny before, during and after the mandate of the Commissioners-designate by reinforcing the role of the already existing Independent Ethical Committee;
Amendment 190 #
2020/2088(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 203 #
2020/2088(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists that all European voters should be allowed to vote for their preferredbe allowed to know who the candidate fors to the Ppresidentcy of the European Commission are, giving them the choice to vote for his or her political party; reiterates, therefore, that the Spitzenkandidaten should be able to stand as official candidates atin the next elections in a joint European constituency across all Member StateEuropean Elections;
Amendment 206 #
2020/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 213 #
2020/2088(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 221 #
2020/2088(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges that despite the fact that the agreed reform of the Electoral Law has not yet been ratified by some Member States, further improvements are required, such as provisions for remote voting operations in defined or exceptional circumstances, as well as on the elections in the joint European constituencyshould be addressed at the Conference on the Future of Europe;
Amendment 235 #
2020/2088(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 243 #
2020/2088(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission and the Council to consider, in accordancfully engage with the work of Parliament’s new Special Committee on Foreign interference and Disinformation, the urge and take into creation of a European organisation dedicated to the fight against foreign interferenceonsideration the outcome of its work; encourages the Commission and the Council to work much more closely with Parliament on these matters, as the protection of our democratic institutions is a core competence of the European Parliament;
Amendment 249 #
2020/2088(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers European political parties' manifestos should be known before the elections, which requires clear and transparent rules on campaigning; underlines the European election rules shall promote European party democracy, including by making obligatory for parties running in European elections and the European party logo appear (next to the national one) on the ballot sheet;
Amendment 256 #
2020/2088(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Is of the opinion that the introduction of an annual European Week taking place simultaneously in all national parliaments, with debates between MPs, European Commissioners, MEPs and representatives of civil society on the Commission Work Programme would support the emergence of connected inter-parliamentary public spheres as well as improving the communication of European actions at national level;
Amendment 262 #
2020/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the outcome of the European elections is a clear signal for an in-depth institutional reflection that will allow citizens, civil society and their representatives to shapepresents an opportunity for an in-depth reflection about the future of the Union; calls, therefore, on all institutional partners to assume their responsibility and deliver an ambitious, interactive and inclusive Conference on the Future of Europe; open to citizens, civil society and their representatives, and which can strengthen representative democracy as well as EU's resilience by delivering tangible results for its citizens, including on health protection and security
Amendment 4 #
2020/2018(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that digital services and their underlying algorithms need to fully respect fundamental rights, especially the protection of privacy and personal data, non-discrimination, the rights of the child, and the freedom of speech and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union; calls therefore on the Commission to implement an obligation of transparency, user-friendliness and explainabilitytion in layman’s terms for consumers of algorithms, and the possibility of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance;
Amendment 11 #
2020/2018(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers that illegal content online should be treated in the same way as illegal content offline, while fully respecting fundamental rights; points out that illegal content online does not only undermine citizens' trust in the digital environment but may also have grave and long-lasting consequences for internal security and fundamental rights, especially of children; underlines that the swift and consistent detection and removal or blocking of illegal content online continues to be an urgent challenge as national approaches towards the removal or blocking of illegal content online lack sufficient harmonisation; acknowledges that a differentiation has to be made between the various types of illegal content online as some content, notably child sexual exploitation material, is manifestly illegal while the nature of other types of content might depend on the applicable national law or can only be ascertained through contextualisation;
Amendment 16 #
2020/2018(INL)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Highlights that illegal content online can easily be multiplied and its negative impact amplified within a very short period of time; reminds that Facebook alone blocked 1.2 million copies of the video of the March 2019 Christchurch attacks at the point of upload and removed another 300,000 copies within 24 hours of the attack, which would not have been possible if each individual removal or blocking decision had been subject to human verification; believes, therefore, that online intermediaries should be expressly allowed to have recourse to automated tools to detect and remove or block access to content whose illegality has either been established by a court or whose illegal nature can be easily determined without contextualisation; stresses, however, that there should be no general monitoring obligation;
Amendment 19 #
2020/2018(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that the rapid development of digital services requires strong and future-proof legislation tohat protects privacy and a, provides reasonable duty of care to ensure digital dignity and effectively addresses illegal content; stresses therefore in this regard that all digital service providers need to fully respect Union data protection law, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1 and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy)2 , currently under revision, and othe freedom of expressionr Union legislation which includes obligations upon them with the aim to balance the right of users to freedom of expression with the right to liberty and security; _________________ 1Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 2 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 45 #
2020/2018(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends the Commission to work on harmonising the national personalelectronic identification sign-insystem with a view to creating a single Union sign-in system in order toelectronic identification system for EU citizens which ensures the protection of personal data and age verification, especially for children, and makes public services more accessible to everyone; considers that such a system should be secure and only process the data that is necessary for the identification of the user;
Amendment 52 #
2020/2018(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that biometric data is considered to be a special category of personal data with specific rules for processing; notes that biometrics can and are increasingly used for identification and authentication of individuals including in a number of sensitive areas such as banking and essential services such as healthcare, which entails significant risks to and interferences with the right to privacy and data protection, as well as enabling identity fraudwhen carried out without the consent of the data subject, as well as enabling identity fraud when applied without robust security safeguards; calls on the Commission to incorporate in its Digital Services Act an obligation to always give users of digital services an alternative for using biometrical data for the functioning of a service, and an obligation to clearly inform the customers on the risks of using biometric data; stresses thathighlights the numerous advantages of the use of biometric data, specifically, the higher level of security when compared to alphanumeric security features or PIN codes; notes that, therefore, biometric data can be utilised to offer a wide range of services digitally that would currently require the physical presence of the data subject; urges that, to the greatest extent possible, a digital service may not be refused where the individual refusesdoes not consent to use biometric data;
Amendment 56 #
2020/2018(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Further notes the added value to quality of life that the security of biometric data brings to persons living with disabilities, which render physical presence when obtaining essential services difficult;
Amendment 60 #
2020/2018(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the safeguards that digital service providers and online platforms have introduced on their own initiative and following various exchanges of views with the Parliament and the Commission to avoid the potential negative impact ofposed by micro-targeted advertising and of assessment of individuals, especially on minors and other vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to target said advertising, offering products or services or setting prices; calls therefore on the Commission to introduce a limitation on micro-targeted advertisements, especially on vulnerable groups, and a prohibition on the use of discriminatory practices for the provision of services or products.
Amendment 69 #
2020/2018(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. is concerned about the fragmentation of public oversight and supervision of digital services and the frequent lack of financial and human resources for the oversight bodies needed to properly fulfil their tasks; calls for increased cooperation with regard to regulatory oversight of digital services; supports the creation of an independent EU body to ensure harmonised implementation of and compliance with applicable rules;
Amendment 74 #
2020/2018(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. highlights the importance of user empowerment with regard to the enforcement of their own fundamental rights online; considers that users should be provided with easy access to complaint procedures, legal remedies, educational measures and awareness-raising on data protection issues;
Amendment 3 #
2020/2017(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that the use of AI in the education, culture and audiovisual sectors should respect fundamental rights, freedoms and values as enshrined in the EU Treaties and the Charter of Fundamental Rights of the European Union; welcomes the Commission’s White Paper on Artificial Intelligence in this regard, and invites the Commission to consider whether to include the educational sector in the future regulatory framework for high-risk AI applications;
Amendment 8 #
2020/2017(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that the benefits of AI should be shared with all parts of the society, leaving no one behind. Stresses, in this regard, the need to fully take into consideration the specific needs of the most vulnerable categories, such as children, persons with disabilities, elderly people and other groups at risks of exclusion, when designing and developing AI tools;
Amendment 12 #
2020/2017(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that AI may give rise to biases and thus to various forms of discrimination; in this regard, recalls that everyone’s rights must be ensured and that AI initiatives that lead to discriminatory processes should not be allowed; notes, however, that AI initiatives can also be used positively to counter traditional forms of discrimination including lack of access to services;
Amendment 14 #
2020/2017(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to consider how AI initiatives can be used specifically to improve the quality of life and access to services for persons living with disabilities in line with the objectives laid out in the EU Accessibility Act and to enable more inclusion;
Amendment 18 #
2020/2017(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that AI-powered education brings a wide range of possibilities and opportunities, while at the same time posing risks regarding equal access to education and learning equalities; calls for the non-discriminatory use of AI in the education sector; recalls the risks and discrimination arising from recently developed AI tools used for school admission; points out that equity and inclusion are core values that need to be duly taken into account when designing policies for AI in education; recalls the risks and discrimination arising from recently developed AI tools used for school admission; reminds that increasing the education and awareness of AI technologies and their potential impact will strengthen the resilience of our societies and help protect the fundamental rights.
Amendment 19 #
2020/2017(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that AI-powered education brings a wide range of possibilities and opportunities, while at the same time posing risks regarding equal access to education and learning equalities; calls for the non-discriminatory use of AI in the education sector; recalls the risks and discrimination arising from recently developed AI tools used for school admission; underlines the importance of working with AI technology providers to address persistent loopholes that facilitate discrimination;
Amendment 25 #
2020/2017(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that AI initiatives can be complementary to traditional teaching methods and emphasises the importance of training teachers and educators, especially those responsible for under-age students, in the correct use of AI in education;
Amendment 26 #
2020/2017(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the need of a proper assessment of the AI tools used in the educational sector, in order to identify the impact that these tools can have on the rights of the children;
Amendment 27 #
2020/2017(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that the technological industry includes a considerable number of start-ups working with AI and developing AI technologies; underlines that Small and Medium-sized Enterprises (SMEs) will require additional support to ensure that their operations comply with data protection law and European data protection standards due to the disproportionate burden of regulation they bear because of their size;
Amendment 30 #
2020/2017(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s plan to update the Digital Education Action Plan in order to make better use of data and AI-based technologies so as to make educational systems fit for the digital age; stresses that general public awareness of AI at all levels, including awareness of AI risks relating to privacy and bias, is essential for preparing everyone to make informed decisions; points out in this respect, the importance of making AI more explainable, comprehensible and transparent in order to ensure the effectiveness, usefulness and fairness of the AI-based technologies;
Amendment 37 #
2020/2017(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that data protection and privacy can be particularly affected by AI; defends the principles established in the General Data Protection Regulation as guiding principles for AI deployment; calls for stronger protection and safeguards in the education sector where children’s data are concerned; calls on the Commission to support the Member States in setting up awareness and information campaigns that can help parents to better understand how their children's data is being used and processed for different purposes;
Amendment 49 #
2020/2017(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 50 #
2020/2017(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that an assessment is also needed in order to identify how the AI can be used to counter disinformation, taking into account that the technology used to create a fake news is also the one which can be used to detect it;
Amendment 59 #
2020/2017(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. notes that the immersive experiences facilitated by AI technologies can unfortunately also be exploited by malicious actors; calls on the Commission to anticipate this in proposing recommendations to adequately safeguard against the use of these technologies for illegal purposes;
Amendment 6 #
2020/2016(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the European ethical Charter on the use of Artificial Intelligence in judicial systems and their environment of the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe;
Amendment 7 #
2020/2016(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the ‘Ethics Guidelines for Trustworthy AI’ of the High-Level Expert Group on Artificial Intelligence set up by the Commission of 8 April 2019;
Amendment 15 #
2020/2016(INI)
Motion for a resolution
Recital A
Recital A
A. whereas digital technologies in general and the proliferation of data processing and analytics enabled by artificial intelligence (AI) in particular bring with them extraordinary promise; whereas AI isdevelopment has made a big leap forward in recent years which makes it one of the strategic technologies of the 21st century, generating substantial benefits in efficiency, accuracy, and convenience, and thus bringing positive change to the European economy and society; whereas AI should not be seen as an end in itself, but as a tool for serving people, with the ultimate aim of increasing human well-being, human capabilities and safety;
Amendment 28 #
2020/2016(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the development of AI must respect the values on which the Union is founded, in particular human dignity, freedom, democracy, equality, the rule of law, and human and fundamental rights, have to be respected throughout the life cycle of AI tools, notably during their design, development, deployment and use;
Amendment 44 #
2020/2016(INI)
Motion for a resolution
Recital E
Recital E
E. whereas AI applications offer great opportunities in the field of law enforcement, in particular in improving the working methods of law enforcement agencies and judicial authorities, and preventing and combating certain types of crime more efficiently, in particular financial crime, money laundering and terrorist financing, as well as certain types of cybercrime, thereby contributing to the safety and security of EU citizens;
Amendment 55 #
2020/2016(INI)
Motion for a resolution
Recital G
Recital G
G. whereas AI applications in use by law enforcement include applications such as facial recognition technologies, e.g. to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse, automated number plate recognition, speaker identification, speech identification, lip- reading technologies, aural surveillance (i.e. gunshot detection algorithms), autonomous research and analysis of identified databases, forecasting (predictive policing and crime hotspot analytics), behaviour detection tools, advanced virtual autopsy tools to help determine the cause of death, autonomous tools to identify financial fraud and terrorist financing, social media monitoring (scraping and data harvesting for mining connections), international mobile subscriber identity (IMSI) catchers, and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications have vastly varying degrees of reliability and accuracy;
Amendment 61 #
2020/2016(INI)
Motion for a resolution
Recital H
Recital H
H. whereas AI tools and applications are also used by the judiciary worldwide, including in sentencing, calculating probabilities for reoffending and in determining probation, online dispute resolution, case law management, and the provision of facilitated access to the law;
Amendment 64 #
2020/2016(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the applications of AI in law enforcement and the judiciary are in different development stages, ranging from conceptualisation through prototyping or evaluation to post-approval use; whereas new possibilities of use may arise in the future as the technology becomes more mature due to ongoing intensive scientific research worldwide;
Amendment 74 #
2020/2016(INI)
Motion for a resolution
Recital J
Recital J
J. whereas AI systems used by law enforcement and judiciary are also vulnerable to AI- empowered attacks or data poisoning, whereby a wrong data set is included on purpose to produce biased results; whereas in these situations the resulting damage is potentially even morery significant, and can result in exponentially greater levels of harm to both individuals and groups;
Amendment 83 #
2020/2016(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. RWelcomes the positive contribution of AI applications to the work of law enforcement and judicial authorities across the Union as a key enabling technology to ensure safety and security of citizens; highlights e.g. the enhanced case law management achieved by tools allowing for additional search options; believes that there is a wide range of other potential uses for AI by law enforcement and the judiciary which should be explored, subject to methodological precautions and scientific assessments; reiterates that, as processing large quantities of data is at the heart of AI, the right to the protection of private life and the right to the protection of personal data apply to all areas of AI, and that the Union legal framework for data protection and privacy must be fully complied with;
Amendment 92 #
2020/2016(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms that all AI solutions for law enforcement and the judiciary also need to fully respect the principles of non- discrimination, freedom of movement, the presumption of innocence and right of defence, freedom of expression and information, freedom of assembly and of association, equality before the law, the principle of equality of arms, and the right to an effective remedy and a fair trial;
Amendment 95 #
2020/2016(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Acknowledges that the speed at which AI applications are developed around the world necessitates a future- oriented approach and that any attempts at exhaustive listing of applications will quickly become outdated; calls, in this regard, for a clear and coherent governance model that guarantees the respect of fundamental rights, but also allows companies and organizations to further develop artificial intelligence applications;
Amendment 99 #
2020/2016(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, in this regard, that safeguards should be proportionate to potential risks associated with the use specific AI applications; believes that any AI tool either developed or used by law enforcement or judiciary should, as a minimum, be safe, robust, secure and fit for purpose, respect the principles of fairness, accountability, transparency and, non- discrimination as well as explainability, with their deployment subject to a strict necessity and proportionality test;
Amendment 112 #
2020/2016(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the importance of preventing mass surveillance by means, which per definition does not correspond to the principles of necessity and proportionality; strongly supports high thresholds for and transparency in the use of AI technologies, and of banning applications that would result in it; applications that could result in it; calls for law enforcement or the judiciary to use AI applications that adhere to the privacy-by- design principle whenever possible to avoid function creep;
Amendment 124 #
2020/2016(INI)
5. Stresses the potential for bias and discrimination arising from the use of machine learning and AI applications; notes that biases can beAI applications such as machine learning; notes that discrimination can result from biases inherent in underlying datasets, especially when historical data is being used, introduced by the developers of the algorithms, or generated when the systems are implemented in real world settings;
Amendment 130 #
2020/2016(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the fact that many algorithmically driven identification technologies that are currently in use disproportionately misidentify non-white people, childaccording to ethnicity, age and gender; considers, thereforen, the elderly, as well as womenat strong scientific and ethical standards are needed and that strong efforts should be made to avoid automated discrimination and bias;
Amendment 134 #
2020/2016(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for strong additional safeguards in case AI systems in law enforcement or the judiciary are used on or in relation to minors, who are particularly vulnerable;
Amendment 137 #
2020/2016(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 141 #
2020/2016(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. UTakes note of the risks related to data leaks, data security breaches and unauthorised access to personal data and other information related to criminal investigations or court cases that are processed by AI systems; underlines that security and safety aspects of AI systems used in law enforcement need to be carefully considered, and be sufficiently robust and resilient to prevent the potentially catastrophic consequences of malicious attacks on AI systems;
Amendment 148 #
2020/2016(INI)
9. Considers it necessary to create a clear and fair regime for assigning legal responsibility and liability for the potential adverse consequences produced by these advanced digital technologies;
Amendment 151 #
2020/2016(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls for the adoption of appropriate procurement processes for AI systems by Member States and EU agencies when used in law enforcement or judicial context, so as to ensure their compliance with fundamental rights;
Amendment 172 #
2020/2016(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any AI systems for law enforcement or judiciary purposes, in order to assess any potential risks to fundamental rights and, where necessary, define appropriate safeguards to address these risks;
Amendment 174 #
2020/2016(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Deplores that many law enforcement and judicial authorities in the EU lack the funding, capacities and capabilities to reap the benefits AI tools can offer for their work; encourages law enforcement and judicial authorities to identify, structure and categorise their needs to enable the development of tailor- made AI solutions and to exchange best practices on AI deployment; stresses the need to provide the authorities with the necessary funding, as well as to equip them with the necessary expertise to guarantee full compliance with the ethical, legal and technical requirements attached to AI deployment;
Amendment 175 #
2020/2016(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
Amendment 179 #
2020/2016(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Supports the recommendations of the Commission’s High-Level Expert Group on AI for a ban on AI-enabled mass scale scoring of individuals; considers that any form of normative citizen scoring on a large scale by public authorities, in particular within the field of law enforcement and the judiciary, leads to the loss of autonomy, endangers the principle of non-discrimination and cannot be considered in line with European values;
Amendment 182 #
2020/2016(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for a moratoriumStrongly believes that the deployment of facial recognition systems by law enforcement should be limited to clearly warranted purposes in full respect onf the deployment of facial recognition systems for law enforcement, until the technical standardapplicable law; reaffirms that as a minimum, the use of facial recognition technology must comply with the requirements of data minimisation, data accuracy, storage limitation, data security and accountability, as well as being lawful, fair, transparent and following a specific, explicit and legitimate purpose that is clearly defined in Member State or Union law; reminds that these systems are already successfully used, inter alia to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse; emphasises the need to ensure that the technical standards and underlying algorithms can be considered fully fundamental rights compliant, and that results derived are non-discriminatory, and there is public trust ; believes that this will be decisive to ensure public trust and support regarding the necessity and proportionality ofor the deployment of such technologies;
Amendment 197 #
2020/2016(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reminds that AI applications, including applications used in the context of law enforcement and the judiciary, are being developed globally at a rapid pace; urges all European stakeholders, including the Commission and EU agencies, to ensure international cooperation and to engage third country partners in order to find a common and complementary ethical framework for the use of AI, in particular for law enforcement and the judiciary;
Amendment 26 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that any ethical framework should seek to respect human autonomy, prevent harm, promote fairness and inclusion - especially of citizens living with disabilities -, fight discrimination, also of minority groups, and respect the principle of explicability of technologies;
Amendment 37 #
2020/2012(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of developing an “ethics-by-default and by design” framework which fully respects the Charter of Fundamental Rights of the European Union, Union law and the Treaties; calls, in this regard, for a clear and coherent governance model that allows companies to further develop artificial intelligence, robotics and related technologies;
Amendment 49 #
2020/2012(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expects the Commission to integrate a strong ethical framework into the forthcoming legislative proposal as a follow up to the White Paper on Artificial Intelligence, including on safety, liability, fundamental rights and data protection, which maximises the opportunities and minimises the risks of AI technologies;
Amendment 50 #
2020/2012(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the commission to consider developing a framework of criteria and indicators to label AI technology, in which developers could participate voluntarily, in order to stimulate comprehensibility, transparency, accountability and incentivise additional precautions by developers;
Amendment 52 #
2020/2012(INL)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Expects that the forthcoming legislative proposal will include policy solutions to the major recognised risks of Artificial Intelligence including, amongst others, on the ethical collection and use of Big Data, the issue of algorithmic transparency and algorithmic bias;
Amendment 55 #
2020/2012(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Is of the opinion that effective cross- border cooperation and ethical standards can be achieved only if all stakeholders seek to ensure human agency and oversight, and respect the established principles of privacy and data governance, data governance and data protection - specifically those enshrined in Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) - , transparency and accountability;
Amendment 59 #
2020/2012(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Warns that possible bias in artificial intelligence applications could lead to automated discrimination, which has to be avoided by design and application rules;
Amendment 61 #
2020/2012(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a horizontal and future- oriented approach, including technology- neutral standards that apply to all sectors in which AI could be employed, complemented by a vertical approach with sector-specific standards were appropriate; strongly believes that an ethical framework should apply to anyone intending to develop or operate artificial intelligence applications in the EU; favours a binding EU-wide approach to avoid fragmentation; calls on the Union to promote strong and transparent cooperation and knowledge-sharing between the public and private sectors to create best practices;
Amendment 73 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the protection of networks of interconnected AI and robotics must prevent security breaches, cyber- attacks and the misuse of personal data and that this will require the relevant agencies, bodies and institutions both at the European level and the national level to work in cooperation with end users of these technologies;
Amendment 75 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the protection of networks of interconnected AI and robotics must prevent security breaches, data leaks, data poisoning, cyber- attacks and the misuse of personal data; believes this will require a stronger cooperation between national and EU authorities;
Amendment 79 #
2020/2012(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes in this regard the provisions laid down in Regulation 2019/881 of the European Parliament and of the Council on ENISA and the Cyber Security Act, particularly ENISA's role in promoting public awareness and education campaigns directed at end users including on potential cyber threats and criminal activities online, and in promoting essential data protection measures; acknowledges the added value of this EU agency in this regard;
Amendment 90 #
2020/2012(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that AI and robotic technology in the area of law enforcement and border control could enhance public safety and security; stresses that its use must respect the principles of proportionality and necessity; considers that it should be possible for EU agencies in the field of Justice and Home Affairs to be equipped with the latest AI and robotic technologies, especially for the purposes of law enforcement and border control, and that this should be taken into account in the yearly budgets for the JHA agencies throughout the next MFF period (2021-2027);
Amendment 100 #
2020/2012(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that AI and robotics are not immune from making mistakes; emphasises the importance of the right to an explanation when persons are subjected to algorithmic decision-making; considers the need for legislators to reflect upon the complex issue of liability in the context of criminal justice.
Amendment 2 #
2020/2009(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the work carried out by the Council of Europe to promote the protection and safety of journalists, including Recommendation CM/Rec(2018)1[1] of the Committee of Ministers to member states on media pluralism and transparency of media ownership and the declaration by the Committee of Ministers on the financial sustainability of quality journalism in the digital age, and the Recommendation CM/Rec(2016)4[1] of the Committee of Ministers to member states on the protection of journalism and safety of journalists and other media actors;
Amendment 4 #
2020/2009(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Joint Communication of 10 June 2020 entitled ‘Tackling COVID-19 disinformation - Getting the facts right’ (JOIN(2020) 8 final),
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 14 #
2020/2009(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the Commission’s Code of Practice to fight online disinformation, agreed on 26 September 2018,
Amendment 20 #
2020/2009(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the Council conclusions of 26 May 2020 on media literacy in an ever-changing world,
Amendment 41 #
2020/2009(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas all Member States must adhere to the values enshrined in Article 2 of the Treaty on European Union
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 53 #
2020/2009(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas several Member States’ position in international press freedom rankings has declined;
Amendment 56 #
2020/2009(INI)
Motion for a resolution
Recital D
Recital D
D. whereas journalists and other media actors continue to be at risk of violence, threats, harassment, pressure, (self-) censorship, public shaming and even assassination in the EU as a result of their investigative activities to protect the public interest; whereas women journalists face gender-specific forms of violence, such as sexual and online harassment, whereas more than 70% of women working in the media have experienced more than one type of harassment, threat, or attack online; whereas 52% of women have experienced these types of offence in the past year alone;
Amendment 62 #
2020/2009(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the threats to media freedom includes harassment and attacks aimed at journalists, disregard of their legal protection as well as media capture or politically motivated actions in the media sector;
Amendment 66 #
2020/2009(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in addition to violence, intimidation and harassment of journalists there is lack of prosecution of the perpetrators of these crimes and impunity leads to a chilling effect; whereas OSCE reports that impunity prevails as e.g. less than 15% of murders of journalists in the OSCE region are solved;
Amendment 74 #
2020/2009(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the global COVID-19 crisis is having a devastating social and economic impact on the media sector; whereas media outlets have been reporting considerable losses in their revenue from advertising, whereas thousands of media workers have already lost, or are at risk of losing their jobs, either temporarily or permanently, whereas this has particularly strong impact on freelance journalists whose number is increasing throughout the EU and who constitute already a significant part of all journalists in Europe; whereas financial sustainability of the job and financial independence are a crucial part of press freedom;
Amendment 79 #
2020/2009(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the COVID-19 pandemic accelerated the impact of disinformation online, sometimes with serious consequences for public health
Amendment 80 #
2020/2009(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas digital advertising revenue often benefits non-EU actors and European media revenues are in sharp decline
Amendment 82 #
2020/2009(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the internet and social media play a role in spreading hate speech and fostering radicalisation leading to violent extremism, through the circulation of illegal content; whereas combating all forms of intolerance is an integral part of human-rights protection as developed by the jurisprudence of the European Court of Human Rights;
Amendment 91 #
2020/2009(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the AVMSD obliges the authorities in every Member State to ensure that audiovisual media services do not contain any incitement to hatred based on race, sex, religion or nationality; whereas the AVMSD obliges Member States to ensure the independence of media regulators;
Amendment 95 #
2020/2009(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the spread of false news and disinformation available via social media or search websites poses a threat to freedom of speech and expression and the independence of the media, and has strongly impaired the credibility of the traditional media; whereas data analysis and algorithms have an increasing impact on the information made accessible to citizens;
Amendment 100 #
2020/2009(INI)
Motion for a resolution
Recital J
Recital J
J. whereas disinformation related to COVID-19 may 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; whereas reports indicate that coordinated campaigns have been running across EU Member States and neighbouring regions, promoting false health information and disinformation about the EU and its partners; whereas the Commission addresses these phenomena in its recent joint communication on tackling COVID-19 disinformation;
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 108 #
2020/2009(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas genuinely independent, adequately funded public-service media operating across various platforms are key to functioning democracy in the EU
Amendment 109 #
2020/2009(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates its continued deep concern about the state of media freedom within the EU in the context of the abuses and attacks still being perpetrated against journalists and media workers in the Member States because of their activities, as well as the growing public denigration and general weakening of the profession, weighing particularly heavily on local, investigative and cross-border journalism; stresses that, in accordance with the Council of Europe Recommendation on media pluralism (2018), Member States have a positive obligation to foster a favourable environment for freedom of expression, offline and online, in which everyone can exercise their right to freedom of expression;
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 134 #
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; highlights as well the need to ensure the financial independence and the conditions for the sustainability of the activities of private market operators to avoid media capture; reiterates in this context Parliament’s call for an ambitious EU media action plan; 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; draws attention to the recommendations included in the Resolution 2255 (2019) of PACE that calls on the Member States to guarantee editorial independence, as well as sufficient and stable funding, for public service media; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention is crucial; calls on the Commission to present a legal framework to supervise the operation of public service media providers, including whether they fulfil the criteria of prudent management and task-based financing, and if their services fulfil the expectations of fact-based, fair and ethical journalism;
Amendment 158 #
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; reiterates its call to Member States to take a gender-sensitive approach when considering measures to address the safety of journalists; strongly reiterates its call on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP);
Amendment 176 #
2020/2009(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that excessive concentration of the content-producing and content-distributing sectors may threaten citizens’ access to a range of content; underlines that media pluralism, which depends on the existence of a diversity of media ownership and of content as well as independent journalism, is key to challenging the spread of disinformation and ensuring that EU citizens are well- informed; reminds that according to the Media Pluralism Monitor conclusions the media ownership concentration remains one of the most significant risks to media pluralism and is seen as creating barriers to the diversity of information; calls on the Commission to monitor the implementation at Member States level of existing EU instruments against ownership concentration and illegal state aid to increase diversity in the media landscape;
Amendment 195 #
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 crisiseconomic recovery plan; 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 independent journalists and media outlets, freelancers and self-employed media workers; reiterates also in this context its call for an ambitious EU media action plan to support the development of a vibrant and pluralistic media landscape;
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 199 #
2020/2009(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Strongly welcomes the allocation of EU funds to start projects, such as the Europe-wide rapid response mechanism for violations of press and media freedom and a cross-border investigative journalism fund in order to strengthen media freedom and pluralism;
Amendment 200 #
2020/2009(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for an ambitious MFF with increased budget allocations to support media and independent journalism; stresses the importance of innovation in journalism and news media which could be fostered through EU funding
Amendment 202 #
2020/2009(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that public-service media role as trusted providers of public good and serving general public interest would be improved by appropriate and sustainable funding, free of political interference in the Member States
Amendment 218 #
2020/2009(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 241 #
2020/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the EU institutions for strengthened and pro-active communication in all official languages when major public emergencies, such as the pandemic occur in order to ensure that European citizens have access to accurate, user-friendly and verified information;
Amendment 259 #
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; recalls that all measures to combat disinformation, including those taken in the context of the COVID-19 emergency, need to be necessary, proportionate, transparent 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; deplores that certain online platforms remove professional journalistic content based on non-transparent terms and conditions which unnecessarily limit the freedom of expression;
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 270 #
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 and financially viable 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; welcomes the creation of the European Digital Media Observatory, a digital platform to help fighting disinformation;
Amendment 278 #
2020/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reminds the Commission and the Member States as well as the private sector, in particular online platforms, and civil society as a whole of the need for joint action when it comes to the fight against disinformation, and acknowledges the positiveromising impact of the voluntary actions taken by service providers and platforms to counter disinformation; calls on all online platforms and other key players to join the list of signatories;
Amendment 283 #
2020/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission and Member States to improve media literacy through support for educational initiatives aimed at both students and professional educators, as well as through targeted awareness-raising campaigns within civil society, highlights that media literacy is an increasingly essential and critical skill for the modern citizen and consumer and recalls its fundamental role as one of the primary solutions to growing disinformation- and hate speech-related issues;
Amendment 284 #
2020/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that the EU Code of Practice on Disinformation could be strengthened through improved monitoring of the existing commitments, transparent and disaggregated provision of information and data by the online platforms and expansion of the existing commitments; considers that co- regulatory approach continuously reflecting current developments in the digital sphere could be a way forward;
Amendment 289 #
2020/2009(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Considers continuous media literacy curriculum and efforts across all age groups to be of significant importance when increasing societal resilience to various threats in the digital space;
Amendment 90 #
2020/0300(COD)
Proposal for a decision
Recital 4
Recital 4
(4) According to the EEA report ‘The European environment – state and outlook 2020, Knowledge for transition to a sustainable Europe’ (‘SOER 2020’), 2020 representthere is a unique window of opportunity for the Union to show leadership on sustainability and to face the urgent sustainability challenges requiring systemic solutionin the next decade to lead the global response to sustainability challenges. As stated in SOER 2020, the changes in the global climate and ecosystems observed since the 1950s are unprecedented over decades to millennia. The global population has tripled since 1950, while the population living in cities has quadrupled. With the current growth model, environmental pressures are expected to increase further, causing direct and indirect harmful effects on human health and well-being. This is especially true for the sectors with the highest environmental impact – food, mobility, energy as well as infrastructure and buildings. SOER 2020 concludes, in addition, that the 2050 vision of 'living well, within the limits of our planet' requires making sustainability the guiding principle for ambitious and coherent policies and actions across society in order to achieve inclusive and sustainable growth based on the European Green Deal and the concept of sustainable competitiveness.
Amendment 109 #
2020/0300(COD)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) The One Health principle reflects the fact that the health of people, animals and the environment are interconnected and that diseases may be transmitted from people to animals and vice versa. A One Health approach should be taken to face pandemics and health crises in both the human and veterinary sectors and, therefore, diseases should be tackled in both people and animals, while also taking into special consideration the food chain and the environment, which can be another source of resistant microorganisms. The Commission has an important role in coordinating and supporting the One Health approach to human and animal health and the environment in the Union.
Amendment 115 #
2020/0300(COD)
Proposal for a decision
Recital 6
Recital 6
(6) The European Green Deal underpins the Next Generation EU Recovery Plan which promotes the investments in keythe green and digital transition sectors needed to build resilience, and create growth and jobs in a fair and inclusive society. The Recovery and Resilience Facility which will power the Union’s economic recovery from the coronavirus crisis together with the Union budget for 2021-2027, is also based on the priority objectives set out in the European Green Deal. Furthermore, all initiatives under Next Generation EU Recovery Plan should respect the European Green Deal’s “do no harm” oath“do no significant harm” principle.
Amendment 122 #
2020/0300(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Environment action programmes have guided the development of EU environment policy since the early 1970s. The 7th EAP willhas expired on 31 December 2020 and its Article 4 (3) requires the Commission, if appropriate, to present a proposal for an Eighth Environment Action Programme (8th EAP) in a timely manner with a view to avoiding a gap between the 7th and the 8th EAP. The European Green Deal announced the adoption of a new environment action programme to complement the EGD that will include a new monitoring mechanism to ensure that Europe remains on track to meet its environmental objectives. The Commission will also launch a dashboard to monitor progress against all of the EGD objectives.
Amendment 139 #
2020/0300(COD)
Proposal for a decision
Recital 8
Recital 8
(8) The 8th EAP should support the environment and climate action, endorse and build on the objectives of the European Green Deal in line with the long- term objective to “live well, within the planetary boundaries” by 2050, which is already established in the 7th EAP. It should also be fully aligned with, and contribute to achieving the United Nations’ 2030 Agenda and its Sustainable Development Goals (SDGs).
Amendment 145 #
2020/0300(COD)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
(8a) The SDGs cover the three dimensions of sustainable development (environmental, social and economic) which are integrated and indivisible. Full implementation by the Union of the UN's 2030 agenda for sustainable development and active support for implementation in other regions of the world will be essential if the Union is to provide global leadership in achieving competitive sustainability.
Amendment 149 #
2020/0300(COD)
Proposal for a decision
Recital 9
Recital 9
(9) The 8th EAP should accelerate the transition to a regenerativn inclusive and sustainable economy that gives back to the planet more than it takes. A regenerative growth model, while improving economic opportunities and the state of the environment for future generations. An inclusive and sustainable economy based on the European Green Deal as the Union’s inclusive and sustainable growth strategy, recognises that the wellbeing and prosperity of our societies depend on a stable climate, a healthy environment and thriving ecosystems, which provide a safe operating space for our economies. As the global population and the demand for natural resources continues to grow, economic activity should develop in a sustainable way that does no harm but, on the contrary, reverses climate change and environmental degradation, protects, uses in a sustainable way and restores biodiversity, prevents and minimises pollution and results in maintaining and enriching natural capitalresources, therefore ensuring the abundance of renewable and non-renewable resources. Through continuous innovation, adaptation to new challenges and co-creation, the regenerativinclusive and sustainable economy strengthens resilience, improves economic opportunities and the state of the environment for future generations, and protects present and future generations’ wellbeing.
Amendment 162 #
2020/0300(COD)
Proposal for a decision
Recital 9 a (new)
Recital 9 a (new)
(9a) The Union should commit to a shift towards inclusive and sustainable growth based on the European Green Deal and the concept of sustainable competitiveness, ensuring resilience, improving economic opportunities and the state of the environment, and protecting present and future generations’ wellbeing.
Amendment 165 #
2020/0300(COD)
Proposal for a decision
Recital 9 b (new)
Recital 9 b (new)
(9b) According to the OECD, annual global biodiversity finance from all sources (estimated at USD 78-91 billion) is vastly outweighed by annual government support that is potentially harmful to biodiversity (estimated at around USD 500 billion)1a. Phasing out environmentally harmful subsidies at Union and Member State level without delay was one of the objectives under the 7th EAP. Furthermore, the European Parliament has also called for the phase- out of direct and indirect fossil fuel subsidies in the Union and in the Member States. In order to achieve the thematic objectives of the 8th EAP, one of its enabling conditions should be to support these objectives. __________________ 1a OECD (2020), A Comprehensive Overview of Global Biodiversity Finance.
Amendment 168 #
2020/0300(COD)
Proposal for a decision
Recital 10
Recital 10
(10) The 8th EAP should set out thematic priority objectives in areas of climate neutrality, adaptation to climate change, protecting, use in a sustainable way, and restoring biodiversity, a circular economy, in combination with the zero pollution ambition for a toxic-free environment and reducing environmental pressures from production and consumption. It should furthermore identify the enabling conditions to achieve the long-term and the thematic priority objectives for all actors involved, as well as coordinating actions necessary to achieve these conditions.
Amendment 184 #
2020/0300(COD)
Proposal for a decision
Recital 11
Recital 11
(11) Environment policy being highly decentralised, action to achieve the priority objectives of the 8th EAP should be taken at different levels of governance, i.e. at the European, the national, the regional and the local level, with a collaborative approach to multi-level governance. Implementation, enforcement and accountability are essential. The integrated approach to policy development and implementation should be strengthened with a view to maximising the synergies between economic, environmental and social objectives, while paying careful attention tocomprehensively assessing and taking into account the potential trade-offs and to the needs of vulnerable groups. Moreover, action by local and regional authorities, transparent engagement with non- governmental actors, the private sector and the broader public is important for ensuring the success of the 8th EAP and the achievement of its priority objectives. This includes making the impact assessments on which policies are based public.
Amendment 197 #
2020/0300(COD)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) Action to achieve the Union's environmental and climate objectives needs to be carried out in conjunction with, and must be fully compatible with, the implementation of the European Pillar of Social Rights.
Amendment 203 #
2020/0300(COD)
Proposal for a decision
Recital 12
Recital 12
(12) Enhanced cooperation with partner countries, good global environmental governance as well as synergies and coherence between all internal and external Union policies are key to reaching the Union’s environmental and climate objectives.
Amendment 206 #
2020/0300(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The European Commission should assess the progress in achieving the priority objectives of the 8th EAP by the Union and the Member States in the context of the just transition towards greater sustainability, wellbeing and resilience. This is in line with calls of the Council27 and the European Economic and Social Committee28 for measuring economic performance and societal progress “beyond GDP”, and moving towards using well-being as a compass for policy, which is also supported by the OECD29 . __________________ 27See e.g. https://data.consilium.europa.eu/doc/docu ment/ST-10414-2019-INIT/en/pdf 28https://www.eesc.europa.eu/en/our- work/opinions-information- reports/opinions/reflection-paper- towards-sustainable-europe-2030. 29See e.g. the OECD Well-being Framework, the OECD Framework for Policy Action on Inclusive Growth, the Better Life Initiative and the New Approaches to Economic Challenges Initiativean inclusive and sustainable economy based on a new growth strategy that will benefit European citizens and companies.
Amendment 212 #
2020/0300(COD)
Proposal for a decision
Recital 14
Recital 14
(14) The assessment of progress towards the priority objectives of the 8th EAP should reflect the latest developments as regards the availability and relevance of data and indicators and should be based on a robust, transparent and comprehensive methodology. It should be coherent with and without prejudice to monitoring or governance tools covering more specific aspects of environment and climate policy, such as in particular Regulation 1999/2018 of the European Parliament and of the Council30 , the Environmental Implementation Review or monitoring tools relating to a circular economy, zero pollution in combination with the zero pollution ambition for a toxic-free environment, biodiversity, air, water, soil, waste, or any other environment policies. Together with other tools used in the European Semester, the Eurostat SDG Monitoring and in the Commission’s Strategic Foresight Report31 , it w, assessment of progress towards the 8th EAP's priority objectives should beform part of a larger, coherent and interconnected set of monitoring and governance tools, covering not only environmental but also social and economic factors. The European Commission should carry out an assessment of existing monitoring frameworks and indicators at Union level, with the aim of ensuring consistent and streamlined indicators where necessary. __________________ 30Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, OJ L 328, 21.12.2018, p. 1–77. 31 COM/2020/493 final.
Amendment 230 #
2020/0300(COD)
Proposal for a decision
Recital 17 a (new)
Recital 17 a (new)
(17a) As the Commission’s Communication on the European Green Deal already contains a roadmap for key actions in the environmental field during the current Commission’s mandate, the 8th EAP, exceptionally, does not define actions to achieve its priority objectives until 2025. To assess progress on the 8th EAP and to inform the priorities of the incoming Commission, a mid-term evaluation should be carried out by 31 March 2024, taking into account the main findings of the European Environment Agency’s report on the state of the environment. This mid-term evaluation should be followed, if needed, by a legislative proposal amending the 8th EAP. The incoming Commission after the 2024 European Parliament elections should produce a report in which it outlines the environment and climate priorities on which it plans to take action during its mandate and how this action is to ensure the full achievement of the 8th EAP’s priority objectives, in light of progress outlined in the mid-term evaluation.
Amendment 232 #
2020/0300(COD)
Proposal for a decision
Recital 17 b (new)
Recital 17 b (new)
(17b) Monitoring progress towards the 8th EAP priority objectives should be done in synergy with what already exists, thus in order to limit the administrative burden. The monitoring framework should be based on a limited number of indicators in order to allow for adequate political guidance and should rely on existing data, such as data of the European Environment Agency.
Amendment 238 #
2020/0300(COD)
Proposal for a decision
Recital 18 a (new)
Recital 18 a (new)
(18a) Pursuant to Article 191 TFEU, Union policy on the environment is to aim at a high level of protection taking into account the diversity of situations in the various regions of the Union and is to be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as apriority be rectified at source and that the polluter should pay.
Amendment 246 #
2020/0300(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This decisions sets out a general action programme in the field of the environment for the period up to 31 December 2030 (‘the 8th Environment Action Programme’ or ‘8th EAP’). It lays down its priority objectives, identifies enabling conditions, coordinates related actions necessary for their achievement, and sets a framework to measure whether the Union and its Member States are on track to meet those priority objectives.
Amendment 253 #
2020/0300(COD)
Proposal for a decision
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The 8th EAP aims at accelerating the transition to a climate-neutral, sustainable, resource-efficient, clean and circular economy in a just and inclusive way, and endorses the environmental and climate and competitive circular economy with the zero pollution ambition for a toxic-free environment and high-quality jobs, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use in a just and inclusive way, and at protecting, restoring and improving the quality of the environment and at halting and reversing biodiversity loss and tackling the degradation of ecosystems. It endorses and builds on the objectives of the European Green Deal and its initiatives.
Amendment 273 #
2020/0300(COD)
Proposal for a decision
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The 8th EAP forms the basis for achieving the environmental and climate objectives defined under the United Nations 2030 Agenda and, its Sustainable Development Goals and ithe Paris Agreement. Its monitoring framework constitutes the environment and climate part ofshall contribute to the EU’s efforts to measure progress towards greater sustainability, including climate neutrality and resource efficiency, wellbeing and resilience.
Amendment 279 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The 8th EAP shasll have the long- term priority objective for 2050 thatthat by 2050 citizens live well, within the planetary boundaries in a regenerative economyn inclusive and sustainable economy based on the European Green Deal as the Union’s inclusive and sustainable growth strategy, where nothing is wasted, no net emissions of greenhouse gases are produced and economic growth is decoupled from resource use and environmental degradation. A healthy environment underpins the well-being of citizens, biodiversity thrives and natural capitalthe environment is protected, and restored and valued in ways that. It also allows for the enhancement of resilience to climate change and other environmental risks. The Union sets the pace for ensuring the prosperity of present and future generations globally.
Amendment 301 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) irreversible and gradual, predictable and swift reduction of greenhouse gas emissions and enhancement of removals by natural andor other sinks in the Union, in line with the Union's climate and environment objectives, to attain the 2030 greenhouse gas emission reduction target and achieve climate neutrality by 2050 as laid down in Regulation (EU) …/…32 ; __________________ 32 COM/2020/80 final.
Amendment 312 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability of society, the economy and the environment, to climate change;
Amendment 316 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) Advancing towards a regenerative growth modeln inclusive and sustainable economy based on the European Green Deal as the Union’s inclusive and Sustainable Growth Strategy that gives back to the planet more than it takes, decoupling economic growth from resource use and environmental degradation, and accelerating the transition to a Circular Economy in combination with the zero pollution ambition for a toxic-free environment;
Amendment 334 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) protecting, preserving and restoring biodiversity and enhancing natural capital, notably of air, water, soil, and forest, freshwater, wetland and marine ecosystems, in line with the 2030 Biodiversity Strategy;
Amendment 353 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) promoting environmental sustainability and reducing key environmental and climate pressures related to production and consumption, in particular in the areas of energy, industrial development, buildings and infrastructure, mobility, international trade and the food system.
Amendment 360 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The thematic priority objectives laid down in paragraph 2 shall cover the targets and actions set out in the EGD as well as all in the strategies, initiatives and frameworks under the EGD.
Amendment 367 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ensuring effective and efficien, predictable and swift implementation of Union legislation on environment and climate and striving for excellence in environmental performance at Union, national, regional and local levels including through providing appropriatesufficient administrative and compliance assurance capacity, as laid out in the regular Environmental Implementation Review, as well as stepping up action against environmental crime,;
Amendment 375 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) improving incentives, guidance and recommendations, and effective, dissuasive and proportionate sanctions to ensure effective implementation and reduce risks of non-compliance with environmental law, as well as improving cooperation and the effective enforcement of relevant administrative, civil and criminal Union law to protect the environment, with a systematic follow-up of infringement proceedings, including by ensuring that sufficient financial and human resources are allocated at both Union and Member State level for this purpose;
Amendment 381 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent -1 (new)
Article 3 – paragraph 1 – point b – indent -1 (new)
– fully respecting Article 191 TFEU;
Amendment 382 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 1
Article 3 – paragraph 1 – point b – indent 1
– mainstreaming the priority objectives set out in Article 2 in all relevant strategies, legislative and non- legislative initiatives, programmes, investments and projects at Union, national, regional and local levels so that theyand ensure that all strategies, legislative and non-legislative initiatives, programmes, investments and projects and their implementation do no significant harm to any of the priority objectives set out in Article 2; , in line with Regulation (EU)2020/852 of the European Parliament and of the Council1a; __________________ 1a Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 386 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 1 a (new)
Article 3 – paragraph 1 – point b – indent 1 a (new)
– reviewing, as set out in the Climate Law, the consistency of Union measures with the climate-neutrality objective set out in that Regulation, as well as the adequacy of Union measures and policies, including sectoral legislation, the Union's external action and the Union's budget, to ensure progress on adaptation;
Amendment 391 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 1 b (new)
Article 3 – paragraph 1 – point b – indent 1 b (new)
– assessing, as set out in the Climate Law, the consistency of any draft measure, including but not limited to any legislative and budgetary proposal, with the Union climate objectives set out in the Climate Law.
Amendment 396 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 3
Article 3 – paragraph 1 – point b – indent 3
– paying careful attention tocomprehensively assessing and taking into account synergies and potential trade-offs between economic, environmental and social objectives for all initiatives so as to ensure that citizens’ needs for nutrition, housing and, mobility, energy, water and wellbeing are met in a sustainable way that leaves no- one behind;
Amendment 409 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 4
Article 3 – paragraph 1 – point b – indent 4
– regularly evaluating existing policies and preparing comprehensive impact assessments for new initiatives and legislation, which are based on wide consultations following procedures that are accountable, inclusive, informed and simple to implement, and which pay due regard to projecduly take into account environmental and climated impacts on environment and climateas part of a comprehensive assessment of all dimensions;
Amendment 414 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 4 a (new)
Article 3 – paragraph 1 – point b – indent 4 a (new)
– taking into account the cost of inaction when evaluating existing policies and developing new initiatives, paying due regard to the costs to the environment and to health;
Amendment 422 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) effectiwithout prejudice of the velry integrating environmental and climate sustainability own nature of the European Semester of Economic governance being a cycle of economic policy coordination, further aligning the European Semester of economic governanceprocess, including in the National Reform Programmes and National Recovery and Resilience plans, with the EU’s long-term climate and environmental objectives in line with the Commission’s engagements under the European Green Deal;
Amendment 447 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) strengthening environmentally positive incentives and phasing out the most environmentally harmful subsidies at Union and national level without delay, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices;
Amendment 451 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) investing in biodiversity protection and restoration in line with the minimum spending targets agreed through the MFF and with the funding objectives in the EU Biodiversity Strategy, which should be tracked through a robust, transparent and comprehensive methodology;
Amendment 454 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e b (new)
Article 3 – paragraph 1 – point e b (new)
(eb) scaling up the measures against illegal exploitation of natural resources, associated corruption and money laundering, waste crime and illegal exports and increasing cooperation with third countries in relation to these measures;
Amendment 460 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ensuring that environmental policies and action are based on the best available scientific knowledge and strengthening the environmental knowledge base and its uptake, including by research, innovation, fostering green skills, engaging with civil society and further building up environmental and ecosystem accounting;
Amendment 490 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) harnessing the potential of digital and data technologies to support environment policy while minimising their environmental footprint, and ensuring transparency and public accessibility of this data, where relevant and necessary;
Amendment 517 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 1
Article 3 – paragraph 1 – point k – indent 1
– engaging with partnerthird countries on climate and environmental action, encouraging and supporting them to adopt and implement rules in these areas that are as ambitious as those of the Union, and ensuring that all products placed on the Union market fully comply with relevant Union requirements in line with the Union’s international commitments, especially regarding the fight against deforestation;
Amendment 521 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 1 a (new)
Article 3 – paragraph 1 – point k – indent 1 a (new)
– promoting sustainable corporate governance;
Amendment 538 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 5 a (new)
Article 3 – paragraph 1 – point k – indent 5 a (new)
– strengthening the capacity of citizens to act, through awareness raising, lifelong environmental education and civic involvement;
Amendment 542 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. In order to achieve the enabling conditions set out in paragraph 1, the Commission shall take the following actions: (a) carry out the reviews and assessments set out paragraph 1 and propose remedying measures where necessary; (b) develop, where necessary and for the purpose of carrying out comprehensive impact assessments, adequate tools to assess the environmental impacts of new policies, initiatives and legislation where existing tools are insufficient; (c) further streamline the various monitoring frameworks in place at Union level to measure social, economic and environmental progress; (d) conduct comprehensive impact assessments on all legislative proposals under the EAP; (e) provide an up-to-date overview on its website of the objectives under the EGD and the progress towards their achievement;
Amendment 544 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. In relation to point (e) of Article 3(1), the Commission shall conduct a comprehensive impact assessment, in cooperation with Member States, evaluating all economic, social and environmental impacts and the need and availability of alternatives, of possible pathways for a phase out of those subsidies;
Amendment 552 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The relevant Union institutions and Member States shall be responsible for taking appropriate action, with a view to the delivery of the priority objectives set out in the Article 2(1) and (2). Action shall be taken with due account of the principles of conferral, subsidiarity and proportionality, in accordance with Article 5 of the Treaty on European Union.
Amendment 559 #
2020/0300(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Commission, supported by the European Environment Agency and the European Chemicals Agency, shall monitor, assess and report on the progress of the Union and the Member States with regard to achieving the priority objectives laid down in Article 2 on a regular basis, taking into consideration the enabling conditions laid down in Article 3.
Amendment 567 #
2020/0300(COD)
Proposal for a decision
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. The assessment referred to in paragraph 1 shall include information on: – progress made towards achieving the priority objectives set out in Article 2(1) and (2), as soon as the monitoring framework allows for this; – distance to the targets set in place to achieve the priority objectives; – related funding, based on the tracking methodology for climate and biodiversity mainstreaming agreed under the MFF; – recommendations to address potential shortfalls and challenges.
Amendment 568 #
2020/0300(COD)
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The assessment referred to in paragraph 1 aims at facilitating strategic political communication. It shall be based on a limited number of headline indicators, identified by the end of 2021 as a result of a broad stakeholder consultation, and shall reflect the latest developments as regards the availability and relevance of data and indicators, building on data available in the Member States and at the Union level, in particular those operated by the European Environment Agency and the European Statistical System, with a view to minimising administrative burden. This assessment shall be coherent and without prejudice to existing monitoring, reporting and governance frameworks and exercises covering environment, social, economic and climate policy.
Amendment 598 #
2020/0300(COD)
Proposal for a decision
Article 5 – paragraph -1 (new)
Article 5 – paragraph -1 (new)
-1. By 31 March 2024, the Commission shall carry out a mid-term review of the progress achieved towards the thematic priority objectives defined in Article 2(2), taking into account the enabling conditions laid down in Article 3 and including the targets under the EGD, based on the assessments carried under Art 4(1), as well as on the outcome of a public consultation, and shall submit a report to the European Parliament and to the Council.
Amendment 603 #
2020/0300(COD)
Proposal for a decision
Article 5 – paragraph -1 a (new)
Article 5 – paragraph -1 a (new)
-1a. In light of progress set out in the mid-term evaluation referred to in paragraph-1, of any other relevant policy developments, and of the European Environment Agency’s report on the state of the environment, the incoming Commission after the 2024 European Parliament elections shall present to the European Parliament and to the Council the actions it plans to take during its mandate in order to ensure the full achievement, by 2030 and 2050 respectively, of the 8th EAP’s priority objectives, as well as a respective timeline of these actions.
Amendment 607 #
2020/0300(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
By 31 March 2029, the Commission shall carry out an evaluation of the 8th EAP. The Commission shall submit a report to the European Parliament and to the Council containing the main findings of that evaluation, accompanied, if the Commission deems appropriate, by a legislative proposal for the next environmental action programme. Such a legislative proposal shall be presented in a timely manner, with a view to avoiding a gap between the 8th and the 9th EAP.
Amendment 30 #
2020/0104(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) The Facility should support projects that respect the principle of additionality of Union funding and that generate a genuine European added value. The Facility should not be a substitute for recurring national expenditures and should not run counter to the strategic and economic interests of the Union, and should therefore not finance investment plans of third countries.
Amendment 40 #
2020/0104(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Reflecting the European Green Deal as Europe’s sustainable growth strategy and the translation of the Union's commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the Facility established by this Regulation will contribute to mainstreaming climate actions and environmental sustainability and to the achievement of an overall target of 2530 % of the EU budget expenditures supporting climate objectives. The Facility should only finance projects respecting the “do not significant harm” principle referred to in Regulation (EU) 2020/852.
Amendment 50 #
2020/0104(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesiono contribute to addressing the challenges of the policy areas identified under this Regulation through the promotion of economic, social and territorial cohesion and to contribute to the objectives of Union policies, the United Nations Sustainable Development Goals, the European Pillar of Social Rights, the Paris Agreement and to the strengthening of the Single Market. For that purpose, it should contribute to improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050, therebycontributing to restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering employment creation in the aftermath of the COVID-19 pandemic and to promotinge sustainable growth and the digital economy.
Amendment 64 #
2020/0104(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms and public investment projects through a coherent recovery and resilience plan. The recovery and resilience plan should be consistent with the relevant country- specific challenges and priorities identified in the context of the European Semester, with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds. In addition, the recovery and resilience plans should be consistent with the principle of European added-value. To boost actions that fall within the priorities of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant under the policy areas identified in this Regulation and for the green and digital transitions. The measures shoul and enable a swift deliver of targets, objectives and contributions set out in national energy and climate plans and updates thereof. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. At least 40 % of the recovery and resilience plans should be dedicated to mainstreaming climate and biodiversity actions and environmental sustainability objectives.
Amendment 111 #
2020/0104(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It lays down its objectives, the financing, the forms of Union funding and the rules for providing such funding which shall be clearly defined in size, duration and scope.
Amendment 131 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The general objective of the Recovery and Resilience Facility shall be to contribute to address the challenges of the policy areas referred in Article 3 in order to promote the Union’s economic, social and territorial cohesion and long- term competitiveness by improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions and the strengthening of the strategic autonomy of the Union, thereby contributing to restoring the growth potential of the economies of the Union, fostering employment creation in the aftermath of the COVID-19 crisis, and promoting sustainable growth and generating European added value.
Amendment 135 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The Facility shall contribute to the objectives of Union policies, in particular where it leads to job creation and maintenance of sustainable employment at a considerable scale, via the implementaion of measures, such as: - measures contributing to the Union’s climate and environmental objectives, including energy efficiency and energy savings, the deployment of technology and infrastructures for clean and sustainable renewable energy and energy storage, including clean hydrogen, batteries and fuel cell applications, and decarbonisation technologies for industry and carbon capture and storage technologies; - projects and enterprises that implement the circular economy by integrating resource efficiency aspects in the production and product life-cycle; - measures to strengthen the resilience, accessibility and capacity of health systems and civil protection systems, in particular in the face of crises and pandemics; - strategic investment to support final recipients that are established in one or more Member States and that operate in the Union, and whose activities are of strategic importance to the Union, notably in the area of research, innovation, manufacturing and stockpiling of pharmaceuticals, medicines, medical devices and vaccines; - productive and sustainable investments in enterprises, in particular microenterprises, SMEs and start-ups, in particular investments contributing to the transition towards a climate-neutral economy; - upskilling and reskilling of workers and job-seekers, including self-employed, with the aim of bridging the skills gap necessary for the just transition towards a climate-neutral economy; - measures that foster digital infrastructure, digitization of national systems and workplace, improve access to digital working and promote digital skills.
Amendment 142 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. The Facility shall not run counter to the strategic and economic interests of the Union. In this respect, support shall not be provided to projects that are part of the strategic investment plans of third countries.
Amendment 144 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2 b. Support from the Facility shall not substitute recurring national budgetary expenditure and respect the principle of additionality of Union funding.
Amendment 170 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1 b. Member States’ access to the Recovery and Resilience Facility shall be dependent on the endorsement of a national objective of achieving a climate- neutral Union by 2050.
Amendment 177 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent withcontribute to the implementation of the relevant country-specific challenges and prioritierecommendations identified in the context of the European Semester, in particular those relevant for or resulting from the green and digital transition. T, as well as to achieving the Union’s objective of climate neutrality by 2050 and the Union's new 2030 climate targets. Therefore, the recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. _________________ 21Regulation (EU)2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. 22 […]
Amendment 209 #
2020/0104(COD)
(c b) an explanation of how the measures in the plan are expected to contribute the implementation of the commitments of the Union and of its Members States, in particular the relevant documents adopted in the context of the latest European Semester, the Paris Agreement, the national energy and climate plans and updates thereof under Regulation (EU)2018/1999, the territorial just transition plans under the Just Transition Fund, the partnership agreements and operational programmes under other Union funds;
Amendment 214 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c c (new)
Article 15 – paragraph 3 – point c c (new)
(c c) an explanation of how the measures in the plan are expected to bring European added-value;
Amendment 231 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. When assessing the recovery and resilience plan and in the determination of the amount to be allocated to the Member State concerned, the Commission shall take into account the analytical information on the Member State concerned available in the context of the European Semester as well as the justification and the elements provided by the Member State concerned, as referred to in Article 15(3), and any other relevant information including, in particular, the one contained in the National Reform Programme, the Just Transition Plan and the National Energy and Climate Plan of the Member State concerned and, if relevant, information from technical support received via the Technical Support Instrument.
Amendment 252 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b b (new)
Article 16 – paragraph 3 – point b b (new)
(b b) whether the plan is consistent with and contributes to the national reform programmes, the national energy and climate plans and updates thereof under Regulation (EU) 2018/1999, the territorial just transition plans under the Just Transition Fund, the partnership agreements and operational programmes under other Union funds;
Amendment 270 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall adopt a decision within four months of the official submission of the recovery and resilience plan by the Member State, by means of an implementing delegated act. In the event that the Commission gives a positive assessment to a recovery and resilience plan, that decision shall set out the reforms and investment projects to be implemented by the Member State, including the milestones and targets, and the financial contribution allocated in accordance with Article 11.
Amendment 293 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Upon completion of the relevant agreed milestones and targets indicated in the recovery and resilience plan as approved in the implementingdelegated act of the Commission, the Member State concerned shall submit to the Commission a duly justified request for payment of the financial contribution and, where relevant, of the loan tranche. Such requests for payment may be submitted by the Member States to the Commission on a biannual basis. The Commission shall assess, within two months of receiving the request, whether the relevant milestones and targets set out in the decision referred to in Article 17(1) have been satisfactorily implemented. For the purpose of the assessment, the operational arrangement referred to in Article 17(6) shall also be taken into account. The Commission may be assisted by experts.
Amendment 316 #
2020/0104(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by clearly labelling the funding as Union funding and providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. The recipients shall ensure the visibility of spending under the Facility by clearly labelling the supported projects as “EU Recovery Initiative”.
Amendment 361 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 1 – indent 1
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 1 – indent 1
— the implementation of the envisaged measures is expected to significantly contribute to establish climate- and environmental-friendly systems and to the greening of economic or social sectors with a view to contribute to the overall objective of a climate-neutral Europe by 2050 and the Union's new 2030 climate targets in line with the criteria laid down in the EU taxonomy established by Regulation (EU) 2020/852;
Amendment 380 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.4 – paragraph 1 – subparagraph 1 – indent 1
Annex II – point 2 – paragraph 3 – point 2.4 – paragraph 1 – subparagraph 1 – indent 1
— the recovery and resilience plan contains measures that aim at addressing weaknesses of the economy of the Member States and at boosting the growth potential of the economy of the Member State concerned, in particular for SMEs , stimulating job creation and mitigating the adverse effects of the crisis, while avoiding adverse impacts of those measures on climate and environment in line with the criteria laid down in EU taxonomy established by Regulation (EU) 2020/852.
Amendment 75 #
2020/0036(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The COVID-19 pandemic is having a severe impact on the public health systems of Member States and on their economies, impacting Member States’ capacity to finance the transition towards a climate-neutral economy. Therefore, the Commission’s proposed recovery plan, ‘Next Generation EU’, is a crucial instrument to achieve the objectives of this Regulation.
Amendment 134 #
2020/0036(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Achieving climate neutrality should require astrong contributions from all economic sectors. In light of the importance of energy production and consumption on greenhouse gas emissions, the transition to a sustainable, affordable and secure energy system, while reducing energy poverty, relying on a well- functioning internal energy market is essential. The digital transformation, technological innovation, and research and development are also important drivers for achieving the climate-neutrality objective. A technology-neutral approach should be taken to reach that goal.
Amendment 152 #
2020/0036(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Union has beenis pursuing and leading on an ambitious policy on climate action and has put in place a regulatory framework to achieve its 2030 greenhouse gas emission reduction target. The legislation implementing this target consists, inter alia, of Directive 2003/87/EC of the European Parliament and of the Council26 , which establishes a system for greenhouse gas emission allowance trading within the Union, Regulation (EU) 2018/842 of the European Parliament and of the Council27 , which introduced national targets for reduction of greenhouse gas emissions by 2030, and Regulation (EU) 2018/841 of the European Parliament and of the Council28 , which requires Member States to balance greenhouse gas emissions and removals from land use, land use change and forestry. _________________ 26Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275 of 25 October 2003, p. 32). 27Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26). 28 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 198 #
2020/0036(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Union should aim to achieve a balance between anthropogenic economy- wide emissions and removals, through natural and technological solutions, of greenhouse gases domestically within the Union by 2050. The Union-wide 2050 climate-neutrality objective should be pursued by all Member States collectively, and teach Member State should set out to achieve climate neutrality individually with the support of the Union. The Member States, the European Parliament, the Council and the Commission should take the necessary measures to enable its achievement. Measures at Union level will constitute an important part of the measures needed to achieve the objective.
Amendment 209 #
2020/0036(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The Commission is exploring the development of a regulatory framework for the certification of carbon removals in accordance with its Circular Economy Action Plan and the Farm to Fork Strategy. The restoration of eco-systems and the development of a carbon removals market for land-based greenhouse gas sequestration would assist in restoring, maintaining and managing natural sinks and would promote biodiversity.
Amendment 216 #
2020/0036(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) The Commission should come forward with a definition of natural and other carbon sinks to give clarity in this Regulation.
Amendment 222 #
2020/0036(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Union should continue its climate action and international climate leadership after 2050, in order to protect people and the planetvide protection against the threat of dangerous climate change, in pursuit of the temperature goals set out in the Paris Agreement and following the scientific recommendations of the IPCC and of Member State Climate advisory bodies.
Amendment 226 #
2020/0036(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) National climate advisory bodies play an important role in informing the public and contributing to the policy debate around climate change in those Member States where they exist, and the establishment of such bodies at Member State level should be encouraged. The cooperation of those bodies with the Commission and with the other climate advisory bodies in EEA countries is important. The European Environment and Sustainable Development Advisory Councils (EEAC) is a network of national and regional advisory bodies which brings together experts, fosters information exchange and provides independent advice.
Amendment 230 #
2020/0036(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) The Commission should develop a strategy for the Union’s future climate policy for the post-2050 period once climate neutrality has been achieved.
Amendment 250 #
2020/0036(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In taking the relevant measures at Union and national level to achieve the climate-neutrality objective, Member States and the European Parliament, the Council and the Commission should take into account the contribution of the transition to climate neutrality to the health and economic well- being of citizens, the prosperity of society and the competitiveness of the economy; energy and food security and affordability; fairness and solidarity across and within Member States considering their economic capability, cost efficiency and national circumstances and the need for convergence over time; the need to make the transition just and socially fair; best available scientific evidence, in particular the findings reported by the IPCC, Member State climate advisory bodies and the Joint Programming Initiative “Connecting Climate Knowledge for Europe” (JPI Climate); the need to integrate climate change related risks into investment and planning decisions; cost- effectiveness and technological neutrality in achieving greenhouse gas emissions reductions and removals and increasing resilience; progression over time in environmental integrity and level of ambition.
Amendment 320 #
2020/0036(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Commission should ensure a robust and objective assessment based on the most up to date scientific, technical and socio-economic findings, and representative of a broad range of independent expertise, and base its assessment on relevant information including information submitted and reported by Member States, reports of the European Environment Agency, best available scientific evidence, including the reports of the IPCC, Member States climate advisory bodies and the Joint Programming Initiative “Connecting Climate Knowledge for Europe” (JPI Climate). Given that the Commission has committed to exploring how the EU taxonomy can be used in the context of the European Green Deal by the public sector, this should include information on environmentally sustainable investment, by the Union and Member States, consistent with Regulation (EU) 2020/… [Taxonomy Regulation] when such information becomes available. The Commission should use European statistics and data where available and seek expert scrutiny. The European Environment Agency should assist the Commission, as appropriate and in accordance with its annual work programme.
Amendment 348 #
2020/0036(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to provide predictability and confidence for all economic actors, including businesses, SMEs, workers, investors and consumers, to ensure that the transition towards climate neutrality is irreversible, to ensure gradualpredictable and phased reductions over time and to assist in the assessment of the consistency of measures and progress with the climate- neutrality objective, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to set out a trajectory for achieving net zero greenhouse gas emissions in the Union by 2050. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 37Commission should monitor the progress by Member States in achieving net zero greenhouse gas emissions in the Union by 2050. OJ L 123, 12.5.2016, p. 1.
Amendment 387 #
2020/0036(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the irreversible and gradual, predictable and phased reduction of greenhouse gas emissions and enhancement of removals by natural or other sinks in the Union.
Amendment 459 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The relevant Union institutions and the Member States shall take the necessary measures at Union and national level respectively, to enable theMember State and collective achievement of the climate- neutrality objective set out in paragraph 1, taking into account the importance of promoting fairness and solidarity among Member States.
Amendment 525 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4 c (new)
Article 2 – paragraph 4 c (new)
4c. Where the Commission considers it appropriate to develop a framework to certify greenhouse gas removals from land use, with a view of achieving climate neutrality by 2050, it shall make a legislative proposal to the European Parliament and to the Council to that effect, following a detailed impact assessment that is based on scientifically robust accounting methods.
Amendment 537 #
2020/0036(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
3 Trajectory for aAchieving climate neutrality
Amendment 552 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 9 to supplement this Regulation by setting out a trajectory at Union levelshall assess the effectiveness of this Regulation to achieve the climate-neutrality objective set out in Article 2(1) until 2050. At the latest within six months after each global stocktake referred to in Article 14 of the Paris Agreement, the Commission shall review the traaluate progress towards the climate-neutrality objectoryive.
Amendment 570 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. When setting a trajectory assessing the progress towards the carbon neutrality goal, considering accordance with paragraph 1 2040 emissions reduction target, and considering the development of a framework to certify greenhouse gas removals, the Commission shall consider the following:
Amendment 590 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) cost-effectiveness and, economic efficiency and employment;
Amendment 605 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) competitiveness of the Union’s economy, in particular SMEs and sectors most exposed to carbon leakage;
Amendment 627 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) best available, cost effective and scalable technologyies;
Amendment 640 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) energy efficiency, energy affordability, reducing energy poverty and security of supply;
Amendment 647 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point d a (new)
Article 3 – paragraph 3 – point d a (new)
(da) the need to reduce dependency on fossil fuels and to move to more renewable and sustainable energy;
Amendment 681 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point g
Article 3 – paragraph 3 – point g
(g) investment needs and opportunitiesencouragement of investment and innovation;
Amendment 708 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j
Article 3 – paragraph 3 – point j
(j) the best available and most recent scientific evidence, including the latest reports of the IPCC and Member State Climate Advisory bodies.
Amendment 766 #
2020/0036(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall develop and implement adaptation strategies and plans that include comprehensive risk management frameworks, based on robust climate and vulnerability baselines and progress assessments. Member States shall promote nature-based solutions and eco- system based adaption, which represent important greenhouse gas sequestration potential and address biodiversity loss.
Amendment 797 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the collective progress made by all Member States towards the achievement of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);
Amendment 834 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the consistency of Union measures with the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);
Amendment 852 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, based on the assessment referred to in paragraphs 1 and 2, the Commission finds that Union measures are inconsistent with the climate-neutrality objective set out in Article 2(1) or inadequate to ensure progress on adaptation as referred to in Article 4, or that the progress towards either the climate-neutrality objective or on adaptation as referred to in Article 4 is insufficient, it shall take the necessary measures in accordance with the Treaties, at the same time as the review of the trajectory referred to in Article 3(1).
Amendment 870 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall assess any draft measure or legislative proposal in light of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1) before adoption, and include this analysis in any impact assessment accompanying these measures or proposals, and make the result of that assessment public at the time of adoption.
Amendment 892 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis of the National Energy and Climate Plans or the Biennial Progress Reports submitted in accordance with Regulation (EU) 2018/1999, as relevant for the achievement of the climate-neutrality objective set out in Article 2(1) with that objective as expressed by the trajectory referred to in Article 3(1);
Amendment 926 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the Commission finds, under due consideration of the collective and Member State-level progress assessed in accordance with Article 5(1), that a Member State’s measures are inconsistent with that objective as expressed by the trajectory referred to in Article 3(1) ore climate-neutrality objective or are inadequate to ensure progress on adaptation as referred to in Article 4, it may issue recommendations to that Member State. The Commission shall make such recommendations publicly available.
Amendment 961 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) best available scientific evidence, including the latest reports of the IPCC and National Climate Advisory bodies; and
Amendment 980 #
2020/0036(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Member State climate advisory bodies and European Climate Advisory Forum 1. By 1 January 2022, Member States shall establish a national climate advisory body within their territory. 2. By 1 January 2025, the Commission shall, in cooperation with of national climate advisory bodies, establish a European Climate Advisory Forum (the ‘Forum’), which will provide independent scientific advice for the Union and the EEA. 3. Depending on the subject area, one member from each national climate advisory body shall participate in the Forum. 4. The Forum shall report annually on greenhouse gas emissions reductions and removals and Union-wide progress towards the carbon neutrality objective. It shall also identify actions and opportunities to reduce emissions and enhance removals. 5. All of the Forum’s reports shall be made publicly available.
Amendment 1047 #
2020/0036(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Review clause The Commission shall, six months after each global stocktake referred to in Article 14 of the Paris Agreement, conduct a review of all the elements of this Regulation, in light of the criteria set out in Article 3(3) to ensure the objective of the Paris Agreement of holding the increase in the global average temperature to well below 2 °C above pre- industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial level and submit, if appropriate, legislative proposals to the European Parliament and Council.
Amendment 49 #
2020/0006(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The regulatory framework governing the Union’s cohesion policy for the period from 2021 to 2027, in the context of the next multi-annual financial framework, contributes to the fulfilment of the Union’s commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals by concentrating Union funding on green objectives. This Regulation implements one of the priorities set out in the Communication on the European Green Deal (‘the European Green Deal’)11 and is part of the Sustainable Europe Investment Plan12 providing dedicated financing under the Just Transition Mechanism in the context of cohesion policy to address the economic and social costs of the transition to a climate-neutral and more circular economy by 2050, where any remaining greenhouse gas emissions are compensated by equivalent absorptions. _________________ 11 COM(2019) 640 final, 11.12.2019. 12 COM(2020) 21, 14.1.2020.
Amendment 109 #
2020/0006(COD)
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal and the Climate law, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target.
Amendment 132 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. Insular and remote areas of the Union will also require additional support to achieve carbon neutrality due to their small populations and markets. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality.
Amendment 178 #
2020/0006(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, with the aim of helping themproviding them with the necessary qualifications and skills to adapt to new and better employment opportunities, as well as providing job-search assistance to jobseekers and their active inclusion into the labour market.
Amendment 223 #
2020/0006(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The territorial just transition plans should identify the territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken to reach a climate-neutral economy, notably as regards the conversion or closure of facilities involving fossil fuel production or, sectors contributing to greenhouse gas emissions and other greenhouse gas intensive activities. Those territories should be precisely defined and correspond to NUTS level 3 regions or should be parts thereof. The plans should detail the challenges and needs of those territories and identify the type of operations needed in a manner that ensures the coherent development of climate-resilient economic activities that are also consistent with the transition to climate-neutrality and the objectives of the Green Deal. Only investments in accordance with the transition plans should receive financial support from the JTF. The territorial just transition plans should be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved by the Commission.
Amendment 261 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling regions and people to address the social, economic and environmental impacts of the transition towards a climate- neutral economy’ whilst taking into consideration circumstances of geography, scale and available resources.
Amendment 269 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling regions and people to address the social, economic, public health and environmental impacts of the transition towards a climate- neutral economy’.
Amendment 328 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point b
Article 4 – paragraph 2 – subparagraph 1 – point b
(b) investments in the creation of newsustainable and environmentally-friendly firms, including through business incubators and consulting services;
Amendment 350 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures forensuring the security of supply of affordable clean energy, in greenhouse gas emission reduction, energy efficiency and, renewable energy, clean transport and precision agriculture;
Amendment 397 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and conservation, and repurposing projects;
Amendment 434 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point k
Article 4 – paragraph 2 – subparagraph 1 – point k
(k) technical assistance and advisory services.
Amendment 436 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point k a (new)
Article 4 – paragraph 2 – subparagraph 1 – point k a (new)
(ka) investments for transport and construction sector decarbonisation.
Amendment 522 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programme where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the National Energy and Climate Plan of the Member State concerned.
Amendment 538 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular, but not solely, with regard to expected job losses in fossil fuel production and use and, the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity and sectors that are the highest contributors to greenhouse gas generation as identified within the respective National Energy and Climate Plans and Long Term Strategies. _________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 546 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant local authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. _________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 9 #
2019/2803(RSP)
Recital A a (new)
A a. whereas there is inadequate data and information about insect pollinators other than bees and butterflies;
Amendment 12 #
2019/2803(RSP)
Recital A b (new)
A b. whereas pollinators include insects such as bees, hoverflies, butterflies, moths, beetles, wasps, thrips and mammals such as bats and birds;
Amendment 19 #
2019/2803(RSP)
Recital B
B. whereas, in order to adequately protect pollinators from further decline, the presence of pesticide residues in the habitat of pollinators will need to be strongly reduced;
Amendment 31 #
2019/2803(RSP)
Recital E
E. whereas however, several Member States notified emergency derogations regarding the use of these neonicotinoids on their territory; whereas notifications ofby Member States regarding those emergency authorisations are often of very pshould be of goord quality and are not made public; whereas EFSA can play a role in examining emergency authorisations;
Amendment 42 #
2019/2803(RSP)
Recital H
H. whereas connected pollinator habitats, such as buffer strips, hedgerows and grassy waterways, can contribute to erosion control;
Amendment 45 #
2019/2803(RSP)
Recital I
I. whereas using indigenous flowers isare of particular importance for wild pollinators;
Amendment 47 #
2019/2803(RSP)
Recital I a (new)
Amendment 50 #
2019/2803(RSP)
Recital J a (new)
J a. Whereas pollinators are socially and culturally beneficial via remedies, products, art and traditions;
Amendment 59 #
2019/2803(RSP)
Paragraph 2
2. Recognises that there are various positive elements in the Initiative in terms of setting strategic objectives and a set of actions to be taken by the EU and its Member States; applauds work already being carried out at local level to protect pollinator habitats;
Amendment 70 #
2019/2803(RSP)
Paragraph 3
3. However, considers that the Initiative fails to sufficiently address the main rootny causes of pollinators’ decline, which include land-use changes and loss of habitats, environmental pollution, intensive agricultural management practices, plant protection products, diseases, climate change and invasive alien species; considers that the implementation of "Priority II: Tackling the causes of pollinator decline" is of the utmost urgency;
Amendment 77 #
2019/2803(RSP)
Paragraph 6
6. Stresses the need to protect the diversity of pollinator species in Europe including approximately 2000 wild bee species and other insects including flies, beetles, moths and butterflies;
Amendment 80 #
2019/2803(RSP)
Paragraph 7
7. Stresses the importance of promoting measures to encourage biodiversity in both rural and urban areas, given that pollinator health is fostered by access to a mixture of different pollen and plantslants that provide nectar and pollen, as well as habitats for nesting, mating and overwintering;
Amendment 92 #
2019/2803(RSP)
Paragraph 8
8. Stresses that boosting biodiversity and thus fostering the occurrence of pollinators' habitats on the agricultural land must become a key aim in the development of the future Common Agricultural Policy (CAP), which must seek to reduce pesticide use; notes that this is a key objective of the Sustainable Use of Pesticides Directive (2009/128/EC);
Amendment 109 #
2019/2803(RSP)
Paragraph 10
10. Stresses that according to the Sustainable Use of Pesticides Directive (128/2009/EC), non-chemical methods of pest control should be used as a priority, to replacebefore resorting to pesticides, with a view to protecting pollinators;
Amendment 114 #
2019/2803(RSP)
Paragraph 11
11. Calls on the Commission to propose legislation prohibiting the production, sale and use of all neonicotinoid-based pesticides intended for outdoor use throughout the Union without derogation;
Amendment 116 #
2019/2803(RSP)
Paragraph 12
12. Calls on the Commission to set detailed rules for and ensure a minimum standard of notifications on emergency authorisations of pesticides, including the need for Member States to provide complete and detailed explanations, and to make those notifications public; welcomes the role of EFSA in examining these derogations;
Amendment 130 #
2019/2803(RSP)
Paragraph 14
14. Underlines that 'controlled pollination' couldmay help restore harmony between beekeepers and farmers and significantlycould increase crop yields along with pollination from wild pollinators;
Amendment 145 #
2019/2803(RSP)
Paragraph 16
16. Calls on the Commission and Member States to promote the concept of buffer strips and grassy/ flowering waterways and maintain well managed hedgerows with a view to provide both better erosion control as well as perennial flowering areas as foraging opportunity and habitat for pollinators;
Amendment 155 #
2019/2803(RSP)
Paragraph 17 a (new)
17 a. Calls for the promotion and development of pollinator habitats in urban areas;
Amendment 156 #
2019/2803(RSP)
Paragraph 17 b (new)
17 b. Calls on Member States to ensure that national and regional farm advisory systems are able to provide good quality advice to farmers on how to encourage biodiversity and pollinator habitats;
Amendment 157 #
2019/2803(RSP)
Paragraph 18
18. Concerning beeshoneybees (apis mellifera), insists in particular on the role of research on the causes of the reduction in the life expectancy of queen bees, which is a worrying phenomenon;
Amendment 161 #
2019/2803(RSP)
Paragraph 19
19. Calls for more funds for research and for the monitoring of wild pollinators; insists that more investment in taxonomic skills is required for effective monitoring;
Amendment 163 #
2019/2803(RSP)
Paragraph 19 a (new)
19 a. Calls for more emphasis to be placed on field research and pollinators other than honeybees and butterflies; stresses that the systematic monitoring in real life conditions is important to gauge the extent of pollinator decline and its causes;
Amendment 42 #
2019/2028(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets that the Commission did not follow the budgetary request of Europol and proposed to underfund the Agency by more than 330 million euros in 2020 and decrease the number of temporary agents by 52; rejects the Commission’s proposal of substantial reduction of contract agents at Europol, which will jeopardise the operational activities of the Agency; notes that the decrease of the eu-LISA commitment appropriations by 18,7 % (-55 million euros) corresponds to the end of the development of the Entry Exit System; reiterates the need to ensure adequate financial support for JHA Agencies to deliver the tasks assigned to them in full transparency and to fight against cross- border serious crime in full compliance with fundamental rights;
Amendment 47 #
2019/2028(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that, despite the fact that the internal security threats remain high, the Union’s substantial investments in the protection of its external borders has not been matched with increased funding of the Union’s internal security mechanisms, such as Europol, and stresses the importance of robust Union investments in the area of internal security with a view to enhancing Union law enforcement cooperation and promoting information exchange among Member States;
Amendment 49 #
2019/2028(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Acknowledges Europol´s increasing role in combating terrorism and organised crime, as well as in strengthening cross-border cooperation in the field of law enforcement;
Amendment 51 #
2019/2028(BUD)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Supports the implementation of Europol’s Strategy 2020+, aiming at strengthening Europol’s operational support and analytical capabilities to the benefit of the Member States and proposes new investments in important crime areas, such as the fight against drug trafficking and financial crime;
Amendment 61 #
2019/2028(BUD)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Supports the Commission’s proposed budgetary increase for the European Border and Coast Guard Agency in 2020 which is necessary in order to implement the Agency’s enhanced mandate;
Amendment 1 #
2018/2210(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges, however, that for EASO, the Court issued an adverse opinion regarding the legality and regularity of its payments due to material and systematic instances of non-compliance of payments with EASO’s Financial Regulation and other applicable rules and provisions, mainly related to public procurement and recruitment procedures underlying payments; regrets that the combined error from non-compliant payments amounts to at least 7,7 million euros or 10,3 % of the EASO total payments made in 2017; notes the exponential deterioration of the human resource situation in EASO in 2017; regrets that EASO does not currently have the administrative capacity to fill its high number of vacancies causing a significant risk to the continuation of its operations at the current scale; welcomes EASO’s strong commitment to address its organisational and managerial weaknesses without delay; reminds that due to such commitments and certain progress, Parliament has granted belated discharge for the 2016 budget of EASO in October 2018;
Amendment 5 #
2018/2210(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that for Frontex, the Court has reported again in 2017 that proof of expenditures claimed by cooperating countries were often insufficient; welcomes the decision of Frontex to introduce a simplified cost reimbursement model to address this issue recurring since 2014; notes as well in this context that the Court reported cancellations of budget appropriations carried over from previous years, which indicates a clear overestimation of Frontexthe overestimation by public administrations of EU Member States and other cooperating countries of the Agency's budgetary needs;
Amendment 6 #
2018/2210(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Takes note that CEPOL remains the only JHA agency which has delegated its accounting functions to the Commission accounting officer on a contractual basis; encourages the other agencies to do the same as this will increase the effectiveness of the preparation of the accounts and ensure the reliability thereof;
Amendment 9 #
2018/2210(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that for the development and implementation of IT projects eu-LISA applies an outsourcing model where some 90 % of the related work is carried out by three contractorhad to make extensive use of external contractors for the operational management of the systems entrusted to the Agency through three framework contracts because it lacks the necessary human resources; acknowledges that, even though the IT projects are owned by and under the control of the Agency but fears that a model under which the evolution and developme, the use of external cont ractivities for such sensitive IT systems is outsourced to suchors to such a large extendt creates risks of over-reliance on contractorsand over- dependency on them; highlights that the small number of staff in key operational units creates risks for the continuity of operations; requests eu-LISA to take adequate long-term measures at both organisational and possibly technological/operational level to mitigate those risks in the long run; requests eu- LISA to ensure that the contractors are not bound by any laws of third countries that could bring them into conflict with the necessary confidentiality arrangements with eu-LISA;
Amendment 2 #
2018/2209(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. welcomes the continuous development of the Agency's internal capabilities with regard to budget planning and the monitoring of its execution to ensure the sound management of the Agency’s financial resources; welcomes that the overall execution level of commitments and payments totalled 100%;
Amendment 4 #
2018/2209(DEC)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. regrets that the Agency lacked the human resources it needed to fulfil its operational and horizontal functions without recourse to external contractors; calls on the Agency to continue its efforts to ensure staff retention and development within the Agency; welcomes how the Agency handled the substantially increased workload in 2017 despite the high turnover in expert staff;
Amendment 7 #
2018/2209(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes that IT projects were implemented on time, on cost and on budget in 2017; points out, however, that the Agency outsourced 90 % of its projects viahad to make extensive use of external contractors for the operational management of the systems entrusted to the Agency through three framework contracts; stresses that even if the Agency’s IT projects are under its control, outsourcing its activitiethe use of external contractors to such a large extendt creates risks of over- reliance and over-dependency on external contractorsthem; requests, therefore, the Agency to devise a long term strategy to mitigate this risk; acknowledges the administrative overhead, technical challenges and additional costs ofstaff and budget needed to adopting such a strategy but stresses that, given the sensitivity of its IT systems, contractor lock-in mustover-dependency on external contractors should be avoided; requests the Agency to present its vendor and contractor strategy to the European Parliament; requests the Agency to take all necessary measures to ensure that contractors having access to sensitive information about IT systems or the data they process are legally bound to stringent confidentiality rules and to demand that such contractors have formal national security clearances at the time of accessing such information; requests the Agency to ensure that its contractors are not bound by any laws of third countries that could bring them into conflict with the confidentiality arrangements established by the Agency;
Amendment 13 #
2018/2209(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets the small number of staff in key operational units, in particular in the Application Management and Maintenance (AMM) unit; points out as well that in the second half of 2017, the head of the AMM unit also occupied ad interim the posts of Head of the Operations Department and Head of the Operations and Infrastructure Unit, thereby combining the threree of the highest management posts in the Operations Department; points out that this is not just a risk from a business continuity perspective but is also a sub-optimal segregation of duties, creating with potential operational conflicts of interests implications; request the Agency to avoid taking unnecessary operational risks due to its human resource constraints and requests it to address those issues without delay;
Amendment 17 #
2018/2209(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the remark of the Court of Auditors that opthe Agenlcy questions the relevance for the Agency of further extendcurrently manages three separate, non-integrated large-scale IT systems all dealing wits mandate to include the management of additional IT systemsh data in the Union’s policy area of freedom, security and justice; notes the risks arising from the prevention of the Agency to ensure economies of scale and synergies if systems operated by it continue to be run separately; agrees with the Court that the Agency should work in close consultoperation with the Commission and the Member States prepare a cost-benefit analysis supporting a discussion on its long term evolution; points out that further extension of the mandate of the Agency should not happen to the detriment of on-going developments and the stability and security of the operation of the Agency’s current systems that must remain its first priorityto tackle and successfully address these risks; believes that the interoperability between systems would solve these problems;
Amendment 18 #
2018/2209(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the commitment of the Agency to address the recommendation of the Internal Audit Service report on ‘Audit on the controls over the procurement process in eu-LISA’, issued in December 2017; stresses the importance of the Agency to deliver on its commitment.
Amendment 3 #
2018/2200(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes than in 2017 the budget of Europol increased from 104 to 118 million Euros and its staff from 737 to 834 full- time equivalents; welcomes in this context of growing activities the lack of remarks of the Court of Auditors regarding the execution of the 2017 budget of Europol; welcomes as well that mostall of the recommendations issued by the Courts of Auditors for previous years have been closed; highlights, in particular, that for 2017 the Court of Auditors does no longer report excessive carry-overs of commitment appropriations from the previous year (2016) to the current year (2017) for Title II (administrative expenditure);
Amendment 4 #
2018/2200(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Requests Europol to provide more information on the budgetary implications of its Internet Referral Unit (EU IRU), which is not explicitly listed in the budget; questions the legal basis on which the IRU operat as it forms part of its European Counterterrorism Centre (ECTC); reminds that the Europol Regulation, in Article 4(1), makes, as it does not seem to contribute to the investigation and prosecution of criminal offences, but rather contributes to the deletion of allegedly illegal content on the basis of the terms of service of information society services without follow-up by law enforcement reference to referrals to online service providers, whereas Europol in close cooperation with industry actually supports related investigations by competent authorities of criminal offences online, mainly at the request of competent authorities in Member States; calls for an enhanced role of the EU IRU following the recent proposal by the European Commission on a Regulation on preventing the dissemination of terrorist content online;
Amendment 9 #
2018/2200(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. RegretWelcomes that, as a result of an effective and transparent recruitment process, Europol has managed to fill all its vacancies; Regrets nevertheless that Europol does not publish vacancy notices on the website of the European Personnel Selection Office (EPSO) but only on its own website and in social media; acknowledges that the working language of Europol is principally English but points out that the publication of Europol vacancy notices on the EPSO website would be useful and relevant as it would increase transparency and publicity and allow citizens to identify vacancies published by the different Union institutions and agencies collectively; requests Europol to also publish its vacancy notices on the EPSO website;
Amendment 11 #
2018/2200(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the commitment of Europol to address the three recommendations identified by the Commission’s Internal Audit Service in their 2017 audit report on “Procurement in the European Police Office”.
Amendment 1 #
2018/2195(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that in response to the influx of migrants and asylum-seekers in 2015 faced by the Union, the mandate of the European Border and Coast Guard Agency (Frontex) (“The Agency”) was considerably extended in 2016 for the Agency to be able to better address the needs and challenges being faced at the EU's external borders; points out that the Agency’s budget increased by 75 % in 2016 and by 21% in 2017, with related staff increases of 18 % in 2016 and 43 % in 2017; stresses that in 2017 systems and procedures were still in the process of being adapted to cope with the new mandate of the Agencying by 43% in 2017; highlights that, due to the updating of its Regulation in 2016, the Agency was in the process of adapting its systems and procedures to fulfil its new mandate in 2017; especially welcomes in this challenging context, the Court of Auditors' conclusions that the annual accounts of the Agency present fairly its financial position on 31 December 2017 and that its transactions are legal and regular;
Amendment 4 #
2018/2195(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that for the second year in a row, the significant cancellations (17%) of budget appropriations were carried over from the previous year; stresses that this indicates a significant overestimation of budgetary needs, notably on the part ofnotes the overestimation by public administrations of EU Member States and other cooperating countries of the Agency's budgetary needs; requests therefore the Agency to work with its partners to improve its budgetary forecasts;
Amendment 6 #
2018/2195(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets the irregular recruitment of temporary AST staff at higher grades than the ones allowed by the Staff Regulations (AST 4): calls on the Agency to strictly adhere at all timesunderstands the difficulties that the Agency is facing in recruiting qualified staff which led the Agency to return 4 million Euros; reminds the Agency of the importance to, as much as possible, adhere to the Staff Regulations at all times;
Amendment 10 #
2018/2195(DEC)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 13 #
2018/2195(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes again with concern the absolute gender imbalance in the Agency’s Management Board; reminds that Member States are the ones responsible to nominate Members to the Agency's Management Board; calls on Member States to ensure gender balance when nominating their members for the Agency's Management Board; calls on the Agency to pro-actively remind Member States of the importance of gender balance;
Amendment 15 #
2018/2195(DEC)
Draft opinion
Paragraph 10
Paragraph 10
10. Deeply deploRegrets that, despite repeated calls of Parliament and a significant overall staff increase for the Agencyn increase in its resources, the Fundamental Rights Officer still lacks adequate human resources and is therefore clearly hampered to properly, which has an effect on her ability to conduct the tasks entrusted to her by the revised Regulation; urgescalls on the Agency to provide its Fundamental Rights Officer with adequatmore resources and staff, in particular for setting up athe management of the complaint mechanism and for further developing and implementing the Agency’s strategy to monitor and ensure the protection of fundamental rights.
Amendment 2 #
2018/2194(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reminds the aAgency of the need to address its high staff turnover, as it may impact its business continuity and the Agency’s ability to implement the activities foreseen in its work programme; notes that high staff turnover is a problem faced by many agencies and that, in this case, this is also linked with the recent move from the UK to Hungary; regrets that this issue opened in 2016 by the Court could not be closed in 2017;
Amendment 5 #
2018/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that the Agency only publishes vacancy notices on its own website, in social media and in the inter- agency network and not on the website of the European Personnel Selection Office (EPSO); acknowledges the additional translation costs incurred but points out that there are only a limited number of vacancies concerned in the specific case of the Agency; agrees with the Court of Auditors that this would be relevant and useful as EPSO publications increase transparency and publicity and allow citizens to identify vacancies published by the different European institutions and agencies collectively; insists thereforerequests that the Agency also publishes all of its vacancy notices on the EPSO website;
Amendment 7 #
2018/2194(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the Commitment of the Agency to follow-up on the Commission’s Internal Audit Service report on “Needs assessment, Planning and Budgeting of Training activities”; stresses the importance of the Agency to deliver on its commitment;
Amendment 11 #
2018/2194(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls upon the Agency to incorporate in its curriculum a significant element of anti-radicalisation, anti-racism and anti- discrimination training.
Amendment 4 #
2018/2186(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that Eurojust does not publish all of its vacancy notices on the website of the European Personnel Selection Office (EPSO) but only on its own website and in social media; acknowledges the additional translation costs incurred but points out that there is only a limited number of vacancies concerned in the case of Eurojust; agrees with the Court of Auditors that this would be relevant and useful as EPSO publications increase transparency and publicity and allow citizens to identify vacancies published by the different Union institutions and agencies collectively; insirequests therefore that Eurojust also publishes its vacancy notices on the EPSO website;
Amendment 6 #
2018/2186(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that the recommendation issued by the Court of Auditors in 2010 to reconsider the definition of respective roles and responsibilities between the Director and the College of Eurojust to avoid overlap of responsibilities (resulting from the Founding Regulation1 ) was still open end of 2017; acknowledges that addressingcould not be closed by Eurojust because thise issue is not under the Eurojust’s control; reminds of thewas under consideration by the co-legislator in the context of the review of the Agency's mandate; welcomes the recent adoption of the new Eurojust Regulation and; expects that these issues are resolved with the new structure and the clarification of roles and responsibilities therein, including the new Executive Board. _________________ 1 Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 63, 6.3.2002, p. 1).
Amendment 1 #
2018/2181(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the accounting officer of the Centre currently administratively reports to the Head of Administration/Corporate Services instead of the Director of the Centre as advised by the Court of Auditors for all decentralised agencies; notes that according to the Centre the current reporting line is adapted to its size and does not affect the independence of the accounting officer; requests nevertheless that the Centre strictly follows the recommendation of the Court of Auditors and makes its accounting officer’s report directly to the Director of the Centre for administrative matters and to the Management Board for functional aspects; encourages the Centre to delegate its accounting functions to the accounting officer of the Commission on a contractual basis as this will increase the efficiency of the preparation of the annual accounts and ensure their reliability;
Amendment 3 #
2018/2181(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes that the Centre publishes its vacancy notices by means of dissemination to the members of its governing bodies, to the Reitox national focal points, to the other Union agencies and on the Inter-Agency Job- Advertisement Portal; regrets however that the Centre does not also publish vacancy notices on the website of the European Personnel Selection Office (EPSO); points out that this would be useful and relevant as it would further increase transparency and publicity and allow citizens to identify vacancies published by the different institutions and agencies of the Union collectively; requests the Centre to also publish all of its vacancy notices on the EPSO website;
Amendment 4 #
2018/2181(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the commitment of the Centre to address the recommendations identified by the IAS in their 2017 audit report on “Management of Data Collection, Validation and Quality Assurance”; stresses the importance of the Centre to deliver on its commitment.
Amendment 2 #
2018/2180(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. RegretNotes that at least three open calls for tenders for procuring studies were unsuccessful because offers received exceeded the defined maximum contract value (due to unrealistic market estimations); regretnotes that this led to additional administrative overhead for the Agency and, although it affected the timing of its operations, it did not cause any delay to the implementation period of projects; notes that the Agency has taken measures to mitigate the risks associated with future unsuccessful tender procedures; acknowledges the Agency’s budgetary constraints that limit its ability to bear the steeply increasing costs of highly specialised surveys requested by stakeholders; notes the request for additional funding of the Agency but; points out that budgetary constraints can nevershould not lead to suboptimal public procurement procedures; asks therefore the Agency to continue to improve the efficiency of its public procurement procedures;
Amendment 5 #
2018/2180(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets the fact that the Agency’s mandate still limits its role as regards the support for fundamental rights; stresses that the Agency should be able to offer opinions on legislative proposals on its own initiative and that its remit should extend to all areas of rights protected under the Charter of Fundamental Rights of the European Union, including issues of judicial and police cooperation in criminal matters; recommends the inclusion of those thematic areas in the new multiannual financial frameworkStresses that the Agency's remit should be linked to the Charter of Fundamental Rights of the European Union.
Amendment 1 #
2018/2175(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that as a result of the new assignments entrusted to the European Data Protection Supervisor (EDPS) to provide the secretariat of the new European Data Protection Board (as part of the application of Regulation (EU) 2016/679 of the European Parliament and of the Council1 ) and of the new Cooperation Board (as part of the application of Regulation (EU) 2016/6794 of the European Parliament and of the Council2 ), the budget of the EDPS increased by 21.93% in 2017 (EUR 11 324 735,00); welcomes in this changing context that in its annual report on the implementation of the budget concerning the financial year 2017, the Court of Auditors (the Court) did not identify any specific issues concerning the EDPS; _________________ 1 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation (OJ L 119, 4.5.2016, p. 1). 2 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
Amendment 3 #
2018/2175(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets however that according to the EDPS annual activity report, only a single payment was examined in 2017 by the Court; points out that even if the budget of the EDPSEDPS is not a decentralised Union Agency and its budget represents a very small percentage of the Union budget, the legality and regularity of EDPS transactions should nevertheless be properly examined by the Court as transparency is vital for the appropriate functioning of this Union body; requests therefore that the Court, as from 2018, issues separate annual activity reports as from 2018 forreports on the annual accounts of this important Union body;
Amendment 3 #
2018/2166(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Deeply regrets, however, that for 2017, just like for 2016, the Court chose to ignore the request of the LIBE Committee toRegrets that the Court did not calculate the specific payment error rate of Heading III (Security and Citizenship) in 2017; Reiterates its call to provide specific error rates per budget heading; notes that DG HOME self-assessed its payment error rate below the materiality threshold of 2%; regrets that the limitedcalls for a larger sample of 15 transactions audited for 2017 was not sufficient for the Court to confirm this positive resultthat are audited to provide the Court with the necessary information to properly assess the results achieved in this policy area;
Amendment 5 #
2018/2166(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses nevertheless the importance for the EU thato have the Court systematically and independently assesses payment error rates of all politically sensitive areas of the EU budget; fears especiallyconsiders that theany misuse of EU funds in, especially funds allocated to the Migration, Security and Border Management policies could have severe detrimental impacts on the functioning of the EU due to institutional reputation degradation, loss of trust by citizens or governments, rise of anti-EU sentiment, etc.; insists that intangible (non-financial) risks should properly be taken into account by the Court in its audit strategy and in addition to tangible and quantifiable financial oney areas, entails the risk of a reduced impact on the EU's efforts to achieve its policy goals;
Amendment 9 #
2018/2166(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the key finding of the Court that AMIF and ISF accounts cleared by the Commission in 2017 did not distinguish between pre-financing payments (advances) made by Member States to final beneficiaries, and payments made to reimburse expenditure actually incurred; agrees with the Court that, even if such practice is in line with the current reporting requirements for AMIF and ISF, it nevertheless severely undermines as agreed by both co-legislators, it has an impact on the Commission’s supervisory role; supports the recommendation of the Court to require Member States, in the annual accounts of their AMIF and ISF national programmes, to break down the nature of the amounts they report into recoveries, pre-financing, and expenditure actually incurred, so the Commission can report this information adequately in its Annual Activity report as from 2018; calls on the co-legislators to change the reporting requirements of JHA funds in the upcoming multiannual financial framework.
Amendment 1 #
2018/2121(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to Articles 107, 108, 113, 115 and 1165 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 3 #
2018/2121(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to its resolution of 16 December 2015 with recommendations to the Commission on bringing transparency, coordination and convergence to corporate tax policies in the Union4 , _________________ 4 Legislative resolution of 16 December 2015 ‘Bringing transparency, coordination and convergence to corporate tax policies in the Union’, OJ C 399, 24.11.2017, p. 74. and coordination of taxation policies in the Union,
Amendment 11 #
2018/2121(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to investigative journalist Daphne Caruana Galizia who was murdered in Malta and Ján Kuciak who was murdered in Slovakia together with his partner Martina Kušnírová,
Amendment 14 #
2018/2121(INI)
Motion for a resolution
Citation 14
Citation 14
— having regard to the Commission proposals pending for adoption, in particular on the CC(C)TB14 , the digital taxation package15 and public country-by- country reporting (CBCR)16 , _________________ 14 Proposal of 25 October 2016 for a Council Directive on a Common Corporate Tax Base (CCTB), COM(2016)0685 (2016/0337(CNS)) and on a Common Consolidated Corporate Tax Base (CCCTB), COM(2016)0683 (2016/0336(CNS)). 15 The package consists of the ‘Time to establish a modern, fair and efficient taxation standard for the digital economy’ communication (COM(2018)0146), the proposal for a Council directive laying down rules relating to the corporate taxation of a significant digital presence (COM(2018)0147, 2018/0072(CNS)), the proposal for a Council directive on the common system of a digital services tax on revenues resulting from the provision of certain digital services (COM(2018)0148, 2018/0073 (CNS)) and the recommendation relating to the corporate taxation of a significant digital presence (C(2018) 1650). 16 Proposal of 12 April 2016 for a directive amending Directive 2013/34/EU as regards disclosure of income tax information by certain undertakings and branches, COM(2016)0198 (2016/0107(COD)).
Amendment 27 #
2018/2121(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the letter sent by the TAX3 Committee Chair to the Permanent Representative of Malta to the EU, HE Daniel Azzopardi, seeking explanations about the company '17 Black' and why the Chief of Staff of the Prime Minister of Malta, Keith Schembri, and Tourism Minister, Konrad Mizzi, set up structures to receive regular payments of hundreds of thousands of Euros,
Amendment 30 #
2018/2121(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that current international and national tax rules were mostly conceived in the early 20th century; asserts that there is an urgent need for reform of thsome rules, so that international, EU and national tax systems are fit for the new economic, social and technologic challenges of the 21st century; notes the broad understanding that current tax systems are not equipped to keep up with these developments and ensure that all market participants pay fair taxes;
Amendment 58 #
2018/2121(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the fact that during its current term the Commission has put forward 22 legislative proposals aimed at closing some of the loopholes,to improvinge the fight against financial crimes and aggressive tax planning, and enhancing tax collection efficiency and tax fairness; calls for the swift adoption of initiatives linked to EU competences that have not yet been finalised and for careful monitoring of the implementation to ensure efficiency and proper enforcement, in order to keep pace with the versatility of tax fraud, tax evasion and aggressive tax planning;
Amendment 115 #
2018/2121(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Council to propose and adopt a comprehensive definition of aggressive tax planning indicators, building on both the hallmarks identified in the fifth review of the Directive on administrative cooperation (DAC6)26 and the Commission’s relevant studies and recommendations27 ; calls on Member States to use those indicators as a basis to repeal all harmful tax practices deriving from existing tax loopholes; _________________ 26 Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements, OJ L 139, 5.6.2018, p. 1. 27 https://ec.europa.eu/taxation_customs/site s/taxation/files/resources/documents/taxat ion/gen_info/economic_analysis/tax_pape rs/taxation_paper_61.pdfand https://ec.europa.eu/taxation_customs/site s/taxation/files/tax_policies_survey_2017. pdf;
Amendment 153 #
2018/2121(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that itaxes must be paid ins the jurisdictions where the actual economic activity and value creation takes place or, in case of indirect taxation, where consumption takes placeprerogative of EU Member States to set their own individual fiscal policy;
Amendment 164 #
2018/2121(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 274 #
2018/2121(INI)
Motion for a resolution
Subheading 2.2.2
Subheading 2.2.2
Amendment 277 #
2018/2121(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 311 #
2018/2121(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. WelcomNotes the digital tax package adopted by the Commission on 21 March 2018; calls on the Council to swiftly adopt these proposals, taking into account Parliament’s opinion on them;
Amendment 459 #
2018/2121(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Highlights that the highNotes the level of inward and outward foreign direct investment as a percentage of GDP in seven Member States (Belgium, Cyprus, Hungary, Ireland, Luxembourg, Malta, and the Netherlands) can only be partially explained by real economic activities taking place in these Member States;40 _________________ 40 Kiendl Kristo I. and Thirion E., An overview of shell companies in the European Union, EPRS, European Parliament, October 2018, p.23.; notes that it is easier for small Member States to have a higher level of inward and outward foreign direct investment as a percentage of their GDP;
Amendment 466 #
2018/2121(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Underlines that a high share of foreign direct investment held by special purpose entities exists in several Member States, particularly in Malta, Luxembourg and the Netherlands;41 _________________ 41 Kiendl Kristo I. and Thirion E., op. cit., p.23.within the EU;
Amendment 473 #
2018/2121(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Notes that economic indicators such as an unusually high level of foreign direct investment, as well as foreign direct investment held by special purpose entities are two of many ATP indicators42 ; _________________ 42 IHS, Aggressive tax planning indicators, prepared for the European Commission, DG TAXUD Taxation papers, Working paper No 71, October 2017.
Amendment 482 #
2018/2121(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Notes that the ATAD anti-abuse rules (artificial arrangements) cover letterbox companies, and that the CCTB and CCCTB would ensure that the income is attributed to where the real economic activity takes place;
Amendment 518 #
2018/2121(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Welcomes, therefore, the Commission’s VAT action plan of 6 April 2016 to reform the VAT framework and the 13 legislative proposals adopted by the Commission since December 2016 that address the shift towards the definitive VAT regime, remove VAT obstacles to e- commerce, review the VAT regime for SMEs, modernise the VAT rates policy, update the list of VAT exemptions, in order to, amongst others, tackle the current discrimination that education operators are facing when compared to other companies as they cannot claim VAT back on expenses related to their business and tackle the VAT tax gap;
Amendment 539 #
2018/2121(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
Amendment 542 #
2018/2121(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. WelcomNotes the opening of infringement procedures by the Commission on 8 March 2018 against Cyprus, Greece and Malta to ensure that they stop offering unlawful favourable tax treatment for private yachts, which distorts competition in the maritime sectoron tax treatment for private yachts; considers it strange that infringement procedures were opened against Malta, Cyprus and Greece when other Member States have similar systems in place; understands that assurances have been received by Malta to have its system fully in line with EU law;
Amendment 614 #
2018/2121(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Observes that a majority of Member States have adopted citizenship by investment (CBI) or residency by investment (RBI) schemes57 , generally known as visa or investor programmes, by which citizenship or residence is granted to non-EU citizens in exchange for financial investment; observesdeplores the fact that these programmes do not necessarily require applicants to spend time on the territory in which the investment is made, or if they do, this obligation is not applied in practice; _________________ 57 18 Member States have some form of RBI scheme in place, including four Member States that operate CBI schemes in addition to RBI schemes: Bulgaria, Cyprus, Malta, Romania. 10 Member States have no such schemes: Austria, Belgium, Denmark, Finland, Germany, Hungary, Poland, Slovakia, Slovenia and Sweden. Source: study entitled ‘Citizenship by investment (CBI) and residency by investment (RBI) schemes in the EU‘, EPRS, October 2018, PE: 627.128; ISBN: 978-92-846-3375-3.
Amendment 629 #
2018/2121(INI)
Motion for a resolution
Paragraph 87
Paragraph 87
87. Stresses that CBI and RBI schemes carry significant risks, including a devaluation of EU and national citizenship and the potential for corruption, money laundering and tax evasion; reiterates its concern that citizenship or residence could be granted through these schemes without properan effective or indeed any customer due diligence (CDD) having been carried out; notes that several formal investigations into corruption and money laundering have been launched at national and EU level directly related to CBI and RBI schemes; notes that no formal investigations directly related to CBI and RBI schemes have been launched in other EU Member States even when reports on clear cases of corruption have emerged; underlines that, at the same time, the economic sustainability and viability of the investments provided through these schemes remain uncertain;
Amendment 646 #
2018/2121(INI)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Worries that there is very little transparency in relation to the number and origin of applicants, the numbers of individuals granted citizenship or residency by these schemes and the amount invested through these schemes; appreciates the fact that some Member States make explicit the name and nationalities of the individuals who are granted citizenship or residency under these schemes; urges other Member States, such as Malta, to provide stand- alone lists of individuals who made use of cash-for-citizenship schemes and those who received citizenship through naturalisation;
Amendment 679 #
2018/2121(INI)
Motion for a resolution
Paragraph 93
Paragraph 93
93. Urges the Commission to finalise its study on CBI and RBI schemes in the Union; urges the Commission to examine whether, and, if so, which of these schemes posed a threat to EU legislation, not just on paper but also in practice; reiterates that citizenship and all the rights associated with it should never be for sale;
Amendment 704 #
2018/2121(INI)
Motion for a resolution
Paragraph 102
Paragraph 102
102. Calls on the Commission to table a legislative proposal to ensure the automatic exchange of information between the relevant authorities, including law enforcement, tax and customs authorities, on beneficial ownership and transactions taking place in free ports, customs warehouses or SEZs;
Amendment 753 #
2018/2121(INI)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
Amendment 776 #
2018/2121(INI)
Motion for a resolution
Paragraph 116
Paragraph 116
116. Highlights that the European Central Bank (ECB) has withdrawn the banking licence of Malta’s Pilatus Bank following the arrest in the United States of Ali Sadr Hashemi Nejad, Chairman of Pilatus Bank and its sole shareholder, on, among other things, charges of money laundering; stresses that the European banking Authority (EBA) concluded that the Maltese Financial Intelligence Analysis Unit had breached EU law because it had failed to conduct an effective supervision of Pilatus Bank due to, among other things, procedural deficiencies and lack of supervisory actions; notes that the Maltese authority managing Malta's cash-for- citizenship scheme, Identity Malta, included references to Pilatus Bank in its promotion of the cash-for- citizenship scheme;
Amendment 829 #
2018/2121(INI)
Motion for a resolution
Paragraph 126
Paragraph 126
126. Recalls that pursuant to AMLD5 Member States are obliged to set up automated centralised mechanisms enabling swift identification of holders of bank and payment accounts, and to ensure that any FIU is able to provide information held in those centralised mechanisms to any other FIU in a timely manner; calls on the Member States to speed up the establishment of these mechanisms so that Member States’ FIUs are able to cooperate effectively with each other in order to detect and counteract money-laundering activities; notes that EU FIUs can cooperate in their fight against money laundering and the financing of terrorism by using the FIU.net system; calls for more measures and systems to be adopted in order to facilitate and strengthen such cooperation;
Amendment 874 #
2018/2121(INI)
Motion for a resolution
Paragraph 133
Paragraph 133
133. Notes that the Union’s AML legislation obliges Member States to establish central registers containing complete beneficial ownership data for companies and trusts, and that it also provides for their interconnection; welcomes the fact that AMLD5 obliges Member States to ensure that the information on beneficial ownership is accessible in all cases to any member of the general public; stresses that the interconnection of registers should be ensured by the Commission; considers that the Commission should closely monitor the functioning of this interconnected system and assess within a reasonable time whether it is working properly, and whether it should be supplemented by the establishment of an EU public register ofif it is not the case, to propose ways how such deficiencies can ben eficial ownershipfectively addressed;
Amendment 959 #
2018/2121(INI)
Motion for a resolution
Paragraph 150
Paragraph 150
150. Recalls the importance of a common EU list of non-cooperative third country jurisdictions for tax purposes (hereinafter ‘EU list’) based on comprehensive, transparent, robust, objectively verifiable and commonly accepted criteria that is regularly updated;
Amendment 1008 #
2018/2121(INI)
Motion for a resolution
Paragraph 155
Paragraph 155
155. Renews its call for countermeasures aimed at incentivising compliance by the third countries listed in Annex I of the EU list; takes note that most countermeasures proposed by the Council are left to national discretion;
Amendment 1191 #
2018/2121(INI)
Motion for a resolution
Paragraph 186
Paragraph 186
186. Urges the Maltese authorities to make progress in identifying thidentify the masterminds behind the murder of investigative journalist Daphne Caruana Galizia; welcomes the initiative of 26 international media freedom and journalists' organisations to push Malta's Prime Ministigator of the murder of Daphne Caruana Galiziaer Joseph Muscat and his Government to initiate an independent public inquiry on the assassination of Daphne Caruana Galizia and to assess whether this assassination could have been avoided; calls on the Maltese Government to initiate this independent public inquiry without any delay;
Amendment 1204 #
2018/2121(INI)
Motion for a resolution
Paragraph 188
Paragraph 188
188. Deplores the fact that investigative journalists, such as Daphne Caruana Galizia, are often victims of abusive lawsuits intended to censor, intimidate and silence them by burdening them with the costs of legal defence until they are forced to abandon their criticism or opposition; recalls that these abusive lawsuits constitute a threat to fundamental democratic rights, such as to freedom of expression, freedom of the press and freedom to disseminate and receive information; calls on the Member States to put in place mechanisms to prevent strategic lawsuits against public participation (SLAPP); considers that these mechanisms should take duly into consideration the right to a good name and reputation; calls on the Commission to assess the possibility of takingtake legislative action in this area;
Amendment 1253 #
2018/2121(INI)
Motion for a resolution
Paragraph 204
Paragraph 204
Amendment 1262 #
2018/2121(INI)
Motion for a resolution
Paragraph 205
Paragraph 205
205. Welcomes the Commission’s intention to propose qualified majority voting for specific and pressing tax policy issues where vital legislative files and initiativeswork aimed at combating tax fraud, tax evasion, aggressive tax planning orand financial crimes have been blocked in the Council to the detriment of Member States;
Amendment 1273 #
2018/2121(INI)
Motion for a resolution
Paragraph 206
Paragraph 206
Amendment 6 #
2018/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that blockchain represents a new paradigm of data storage and management, the rise of which poses challenges in terms of data protection and transparency, and exponentially increasleading to increased transparency due to the inputting being immutable and shared with all the participating parties, the risks of money laundeus also ensuring, the capture of the financial system by organised crime and the financing of terrorismsecurity and integrity of data;
Amendment 9 #
2018/2085(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Differentiates between the positive opportunities, also for SMEs, deriving from the introduction of blockchain technology as part of the EU's trade policy, which will bring about, amongst other benefits, lower transactional costs and greater efficiency, and the application of this technology, which in other cases outside the scope of the EU's trade policy, may increase the risks of money laundering and the facilitation of the financing of terrorism;
Amendment 17 #
2018/2085(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that, if adequately designed, blockchain blockchain technologies can share the goal of the General Data Protection Regulation by giving data subjects more control over his/their data; recalls, however, that the possible clash between the protection of fundamental rights and the promotion of innovation has to be addressedommends that blockchains and applications built on top of a blockchain follow the privacy by design principle and should only store unintelligible data;
Amendment 26 #
2018/2085(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes with concern the lack of any reference to the serious implications, which might be positive, but could also be detrimental, of blockchain technology in relation to the fight against money laundering and to countering the financingCalls on the Commission to take the lead on the promotion and innovation of blockchain technologies, including in specific sectors that can bring about additional benefits across the EU, such as in the case of the EU's trade policy; deems that any utilisation of blockchain technologies should be anticipated by the delineation of what will be stored on and off terrorism, if such technology is appropriated by organised crimehe chain, with personal data being stored off the chain;
Amendment 28 #
2018/2085(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to also look into the application of blockchain technologies, which if appropriately applied, it can reduce the risk of money laundering due to its immutability feature such as by the verification of identity documents with each individual recorded electronic transaction.
Amendment 2 #
2018/2067(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to its resolution of 3 October 2017 on the fight against cybercrime (2017/268(INI));
Amendment 5 #
2018/2067(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Europol programming document 2018-20206a highlights the increasing relevance of an enhanced multi-disciplinary approach, including the pooling of necessary expertise and information from an expanding range of partners, for the delivery of Europol's mission; _________________ 6aEuropol Programming Document 2018- 2020 adopted by Europol's Management Board on 30 November 2017, EDOC# 856927v18.
Amendment 6 #
2018/2067(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the Europol External Strategy 2017-20207a underlines the need for closer cooperation between Europol and the Middle East/North Africa (MENA) in light of the current terrorist threats as well as migration-related challenges; _________________ 7aEuropol External Strategy 2017-2020, adopted by the Europol Management Board on 13 December 2016, EDOC#865852v3.
Amendment 7 #
2018/2067(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas Parliament underlined in its 2017 Resolution on the Fight against cybercrime (2017/268(INI)) that strategic and operational cooperation agreements between Europol and third countries facilitate both the exchange of information and practical cooperation in the fight against cybercrime;
Amendment 12 #
2018/2067(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that cooperation with the People’s Democratic Republic of Algeria in the field of law enforcement may beis necessary for the European Union’s security interests but highlights that due caution is needed while, in particular to counter crime phenomena linked to terrorism as it poses a direct security threat to both parties, especially when it comes to addressing the phenomenon of foreign terrorist fighters, migrant smuggling as the People’s Democratic Republic of Algeria continues to be a transit country for such smuggling including the risk at its southern border which is utilised for irregular travel towards Libya, illicit trafficking of firearms especially since controls at the Algerian borders constitute a strategic priority for the EU and drug trafficking as the country is negatively influenced by illicit substance abuse and production; highlights the need to apply due diligence when defining the negotiating mandate for an agreement between the European Union and the People’s Democratic Republic of Algeria on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Algerian competent authorities for fighting serious crime and terrorism;
Amendment 22 #
2018/2067(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the categories of offences for which personal data will be exchanged need to be clearly defined and listed in the international agreement itself, in line with EU criminal offences definitions when available; this list should include the activities covered by such crimes, and the persons, groups and organisations likely to be affected by the transferlikely effects of the transfer of personal data;
Amendment 25 #
2018/2067(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the People’s Democratic Republic of Algeria, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insists that the name of this authority and the contact details be expressly included in the agreement;
Amendment 28 #
2018/2067(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decideit should be possible for either one of the contracting parties to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 31 #
2018/2067(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that a clear definition of the concept of individual cases is needed as this concept is needed to assess the necessity and proportionality of data transfers; highlights that this definition should normally only refer to actual criminal investigations, and notonly in extremely exceptional cases with all the necessary safeguards in place, to criminal intelligence operations targeting specific individuals considered as suspects;
Amendment 33 #
2018/2067(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that data transferred to a receiving authority can never be further processed by other authorities and that, to this end, an exhaustive list of the competent authorities in the People’s Democratic Republic of Algeria to which Europol can transfer data should be set up, including a description of the authorities’ competences; considers that any changemodification to such a list that would replace or add a new competent authority would require a review of the international agreement;
Amendment 37 #
2018/2067(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of the People’s Democratic Republic of Algeria compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in the People’s Democratic Republic of Algeria; is of the opinion that such a transfer of data should therefore only take place in very exceptional cases and with clear safeguards for the data subject and persons linked to the data subject; Considers it necessary to impose safeguards ondefine specific safeguards that would need to be respected by the People’s Democratic Republic of Algeria as regards fundamental rights, including the respect for freedom of expression, freedom of religion, and human dignity and so forth;
Amendment 41 #
2018/2067(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Believes that a monitoring mechanism should be included in the agreement and it should be made subject to periodic assessments to evaluate its functioning in relation to the operational needs of Europol as well as its compliance with European data protection rights and principles;
Amendment 45 #
2018/2067(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on the Commission to keep its competent committee informed about the progress of negotiations on the international agreement;
Amendment 2 #
2018/2066(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to its resolution of 3 October 2017 on the fight against cybercrime (2017/268(INI));
Amendment 6 #
2018/2066(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Europol programming document 2018-20206a highlights the increasing relevance of an enhanced multi-disciplinary approach, including the pooling of necessary expertise and information from an expanding range of partners, for the delivery of Europol's mission; _________________ 6aEuropol Programming Document 2018- 2020 adopted by Europol's Management Board on 30 November 2017, EDOC# 856927v18.
Amendment 7 #
2018/2066(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the Europol External Strategy 2017-20207a underlines the need for closer cooperation between Europol and the Middle East/North Africa (MENA) in light of the current terrorist threats as well as migration-related challenges; _________________ 7aEuropol External Strategy 2017-2020, adopted by the Europol Management Board on 13 December 2016, EDOC#865852v3.
Amendment 8 #
2018/2066(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas Parliament underlined in its 2017 Resolution on the Fight against cybercrime (2017/268(INI)) that strategic and operational cooperation agreements between Europol and third countries facilitate both the exchange of information and practical cooperation in the fight against cybercrime;
Amendment 13 #
2018/2066(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that cooperation with the Arab Republic of Egypt in the field of law enforcement may beis necessary for the European Union’s security interests but highlights that due caution is needed while, in particular to counter crime phenomena linked to terrorism since both parties have been targeted by terrorist attacks, migrant smuggling especially in light of the resolute action taken by the authorities of the Arab Republic of Egypt on this matter, drugs considering the Arab Republic of Egypt is a transit country, illicit trafficking of firearms due to its proximity to Libya and counterfeit goods as intellectual property rights breaches are a major source of illicit proceeds in the country; highlights the need to apply due diligence when defining the negotiating mandate for an agreement between the European Union and the Arab Republic of Egypt on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Egyptian competent authorities for fighting serious crime and terrorism;
Amendment 27 #
2018/2066(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the categories of offences for which personal data will be exchanged need to be clearly defined and listed in the international agreement itself, in line with EU criminal offences definitions when available; this list should include the activities covered by such crimes, and the persons, groups and organisations likely to be affected by the transferlikely effects of the transfer of personal data;
Amendment 30 #
2018/2066(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Arab Republic of Egypt, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insists that the name of this authority and the contact details be expressly included in the agreement;
Amendment 33 #
2018/2066(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decideit should be possible for either one of the contracting parties to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 36 #
2018/2066(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that a clear definition of the concept of individual cases is needed as this concept is needed to assess the necessity and proportionality of data transfers; highlights that this definition should normally only refer to actual criminal investigations, and notonly in extremely exceptional cases with all the necessary safeguards in place, to criminal intelligence operations targeting specific individuals considered as suspects;
Amendment 38 #
2018/2066(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that data transferred to a receiving authority can never be further processed by other authorities and that, to this end, an exhaustive list of the competent authorities in the Arab Republic of Egypt to which Europol can transfer data should be set up, including a description of the authorities’ competences; considers that any changemodification to such a list that would replace or add a new competent authority would require a review of the international agreement;
Amendment 43 #
2018/2066(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of the Arab Republic of Egypt compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in the Arab Republic of Egypt; is of the opinion that such a transfer of data should therefore only take place in very exceptional cases and with clear safeguards for the data subject and persons linked to the data subject; Considers it necessary to impose safeguards ondefine specific safeguards that would need to be respected by the Arab Republic of Egypt as regards fundamental rights, including the respect for freedom of expression, freedom of religion, and human dignity and so forth;
Amendment 47 #
2018/2066(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Believes that a monitoring mechanism should be included in the agreement and it should be made subject to periodic assessments to evaluate its functioning in relation to the operational needs of Europol as well as its compliance with European data protection rights and principles;
Amendment 51 #
2018/2066(INI)
18 b. Calls on the Commission to keep its competent committee informed about the progress of negotiations on the international agreement;
Amendment 2 #
2018/2065(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to its resolution of 3 October 2017 on the fight against cybercrime (2017/268(INI));
Amendment 5 #
2018/2065(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Europol programming document 2018-20206a highlights the increasing relevance of an enhanced multi-disciplinary approach, including the pooling of necessary expertise and information from an expanding range of partners, for the delivery of Europol's mission; _________________ 6aEuropol Programming Document 2018- 2020 adopted by Europol's Management Board on 30 November 2017, EDOC# 856927v18.
Amendment 6 #
2018/2065(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the Europol External Strategy 2017-20207a underlines the need for closer cooperation between Europol and the Middle East/North Africa (MENA) in light of the current terrorist threats as well as migration-related challenges; _________________ 7aEuropol External Strategy 2017-2020, adopted by the Europol Management Board on 13 December 2016, EDOC#865852v3.
Amendment 7 #
2018/2065(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas Parliament underlined in its 2017 Resolution on the Fight against cybercrime (2017/268(INI)) that strategic and operational cooperation agreements between Europol and third countries facilitate both the exchange of information and practical cooperation in the fight against cybercrime;
Amendment 12 #
2018/2065(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that cooperation with the Lebanese Republic in the field of law enforcement may beis necessary for the European Union’s security interests but highlights that due caution is needed while, in particular to counter crime phenomena linked to terrorism as it poses a direct security threat to both parties, firearms trafficking also due to the already established cooperation on this matter including through exchange of best-practices, training and capacity-building, migration- related challenges due to the Lebanese Republic hosting a significantly large population of irregular migrant and the cooperation that has already been established on border management and drug trafficking as the Lebanese Republic is the second main producer of cannabis and resin of cannabis in the MENA region; highlights the need to apply due diligence when defining the negotiating mandate for an agreement between the European Union and the Lebanese Republic on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Lebanese competent authorities for fighting serious crime and terrorism;
Amendment 22 #
2018/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the categories of offences for which personal data will be exchanged need to be clearly defined and listed in the international agreement itself, in line with EU criminal offences definitions when available; this list should include the activities covered by such crimes, and the persons, groups and organisations likely to be affected by the transferlikely effects of the transfer of personal data;
Amendment 25 #
2018/2065(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Lebanese Republic, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insists that the name of this authority and the contact details be expressly included in the agreement;
Amendment 28 #
2018/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decideit should be possible for either one of the contracting parties to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 31 #
2018/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that a clear definition of the concept of individual cases is needed as this concept is needed to assess the necessity and proportionality of data transfers; highlights that this definition should normally only refer to actual criminal investigations, and notonly in extremely exceptional cases with all the necessary safeguards in place, to criminal intelligence operations targeting specific individuals considered as suspects;
Amendment 33 #
2018/2065(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that data transferred to a receiving authority can never be further processed by other authorities and that, to this end, an exhaustive list of the competent authorities in the Lebanese Republic to which Europol can transfer data should be set up, including a description of the authorities’ competences; considers that any changemodification to such a list that would replace or add a new competent authority would require a review of the international agreement;
Amendment 37 #
2018/2065(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of the Lebanese Republic compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in the Lebanese Republic; is of the opinion that such a transfer of data should therefore only take place in very exceptional cases and with clear safeguards for the data subject and persons linked to the data subject; Considers it necessary to impose safeguards on the Lebanese Republic as regardsdefine specific safeguards that would need to be respected by the Lebanese Republic as regards fundamental rights, including the respect for freedom of expression, freedom of religion, and human dignity and so forth;
Amendment 41 #
2018/2065(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Believes that a monitoring mechanism should be included in the agreement and it should be made subject to periodic assessments to evaluate its functioning in relation to the operational needs of Europol as well as its compliance with European data protection rights and principles;
Amendment 45 #
2018/2065(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on the Commission to keep its competent committee informed about the progress of negotiations on the international agreement;
Amendment 2 #
2018/2064(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to its resolution of 3 October 2017 on the fight against cybercrime (2017/268(INI));
Amendment 5 #
2018/2064(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Europol programming document 2018-20206a highlights the increasing relevance of an enhanced multi-disciplinary approach, including the pooling of necessary expertise and information from an expanding range of partners, for the delivery of Europol's mission; _________________ 6aEuropol Programming Document 2018- 2020 adopted by Europol's Management Board on 30 November 2017, EDOC# 856927v18.
Amendment 6 #
2018/2064(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the Europol External Strategy 2017-20207a underlines the need for closer cooperation between Europol and the Middle East/North Africa (MENA) in light of the current terrorist threats as well as migration-related challenges; _________________ 7aEuropol External Strategy 2017-2020, adopted by the Europol Management Board on 13 December 2016, EDOC#865852v3.
Amendment 7 #
2018/2064(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas Parliament underlined in its 2017 Resolution on the Fight against cybercrime (2017/268(INI)) that strategic and operational cooperation agreements between Europol and third countries facilitate both the exchange of information and practical cooperation in the fight against cybercrime;
Amendment 12 #
2018/2064(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that cooperation with the Kingdom of Morocco in the field of law enforcement may beis necessary for the European Union’s security interests but highlights, in particular to counter crime phenomena linked to terrorism and firearms trafficking that pose a threat due caution is needed whileto both parties, migration- related challenges to help prevent irregular migration, drug trafficking considering the Kingdom of Morocco is a key source country for cannabis products entering the EU market and cybercrime, especially since the Kingdom of Morocco is making progress in addressing cybercrime threats; highlights the need to apply due diligence when defining the negotiating mandate for an agreement between the European Union and the Kingdom of Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism;
Amendment 22 #
2018/2064(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the categories of offences for which personal data will be exchanged need to be clearly defined and listed in the international agreement itself, in line with EU criminal offences definitions when available; this list should include the activities covered by such crimes, and the persons, groups and organisations likely to be affected by the transferlikely effects of the transfer of personal data;
Amendment 25 #
2018/2064(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Kingdom of Morocco, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insists that the name of this authority and the contact details be expressly included in the agreement;
Amendment 28 #
2018/2064(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decideit should be possible for either one of the contracting parties to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 31 #
2018/2064(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that a clear definition of the concept of individual cases is needed as this concept is needed to assess the necessity and proportionality of data transfers; highlights that this definition should normally only refer to actual criminal investigations, and notonly in extremely exceptional cases with all the necessary safeguards in place, to criminal intelligence operations targeting specific individuals considered as suspects;
Amendment 33 #
2018/2064(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that data transferred to a receiving authority can never be further processed by other authorities and that, to this end, an exhaustive list of the competent authorities in the Kingdom of Morocco to which Europol can transfer data should be set up, including a description of the authorities’ competences; considers that any changemodification to such a list that would replace or add a new competent authority would require a review of the international agreement;
Amendment 37 #
2018/2064(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of the Kingdom of Morocco compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in the Kingdom of Morocco; is of the opinion that such a transfer of data should therefore only take place in very exceptional cases and with clear safeguards for the data subject and persons linked to the data subject; Considers it necessary to impose safeguards ondefine specific safeguards that would need to be respected by the Kingdom of Morocco as regards fundamental rights, including the respect for freedom of expression, freedom of religion, and human dignity and so forth;
Amendment 41 #
2018/2064(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Believes that a monitoring mechanism should be included in the agreement and it should be made subject to periodic assessments to evaluate its functioning in relation to the operational needs of Europol as well as its compliance with European data protection rights and principles;
Amendment 45 #
2018/2064(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on the Commission to keep its competent committee informed about the progress of negotiations on the international agreement;
Amendment 2 #
2018/2063(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to its resolution of 3 October 2017 on the fight against cybercrime (2017/268(INI));
Amendment 5 #
2018/2063(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Europol programming document 2018-20206a highlights the increasing relevance of an enhanced multi-disciplinary approach, including the pooling of necessary expertise and information from an expanding range of partners, for the delivery of Europol's mission; _________________ 6aEuropol Programming Document 2018- 2020 adopted by Europol's Management Board on 30 November 2017, EDOC# 856927v18.
Amendment 6 #
2018/2063(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the Europol External Strategy 2017-20207a underlines the need for closer cooperation between Europol and the Middle East/North Africa (MENA) in light of the current terrorist threats as well as migration-related challenges; _________________ 7aEuropol External Strategy 2017-2020, adopted by the Europol Management Board on 13 December 2016, EDOC#865852v3.
Amendment 7 #
2018/2063(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas Parliament underlined in its 2017 Resolution on the Fight against cybercrime (2017/268(INI)) that strategic and operational cooperation agreements between Europol and third countries facilitate both the exchange of information and practical cooperation in the fight against cybercrime;
Amendment 12 #
2018/2063(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that cooperation with Tunisia in the field of law enforcement may beis necessary for the European Union’s security interests but highlights that due caution is needed while, in particular to counter crime phenomena linked to terrorism as it poses a direct security threat to both parties, especially when it comes to addressing the phenomenon of foreign terrorist fighters, firearms trafficking due to Tunisia's proximity to Libya and in light of the ongoing cooperation between both parties on this matter based on training and capacity-building, drug trafficking due to Tunisia being a transit and destination country for cocaine and organised migrant smuggling activity which has significantly increased in recent years; highlights the need to apply due diligence when defining the negotiating mandate for an agreement between the European Union and Tunisia on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Tunisian competent authorities for fighting serious crime and terrorism;
Amendment 22 #
2018/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the categories of offences for which personal data will be exchanged need to be clearly defined and listed in the international agreement itself, in line with EU criminal offences definitions when available; this list should include the activities covered by such crimes, and the persons, groups and organisations likely to be affected by the transferlikely effects of the transfer of personal data;
Amendment 25 #
2018/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of Tunisia, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insists that the name of this authority and the contact details be expressly included in the agreement;
Amendment 28 #
2018/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decideit should be possible for either one of the contracting parties to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 31 #
2018/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that a clear definition of the concept of individual cases is needed as this concept is needed to assess the necessity and proportionality of data transfers; highlights that this definition should normally only refer to actual criminal investigations, and notonly in extremely exceptional cases with all the necessary safeguards in place, to criminal intelligence operations targeting specific individuals considered as suspects;
Amendment 33 #
2018/2063(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that data transferred to a receiving authority can never be further processed by other authorities and that, to this end, an exhaustive list of the competent authorities in Tunisia to which Europol can transfer data should be set up, including a description of the authorities’ competences; considers that any changemodification to such a list that would replace or add a new competent authority would require a review of the international agreement;
Amendment 37 #
2018/2063(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of Tunisia compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in Tunisia; is of the opinion that such a transfer of data should therefore only take place in very exceptional cases and with clear safeguards for the data subject and persons linked to the data subject; Considers it necessary to impose safeguards on Tunisia as regards define specific safeguards that would need to be respected by Tunisia as regards fundamental rights, including the respect for freedom of expression, freedom of religion, and human dignity and so forth;
Amendment 41 #
2018/2063(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Believes that a monitoring mechanism should be included in the agreement and it should be made subject to periodic assessments to evaluate its functioning in relation to the operational needs of Europol as well as its compliance with European data protection rights and principles;
Amendment 45 #
2018/2063(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on the Commission to keep its competent committee informed about the progress of negotiations on the international agreement;
Amendment 2 #
2018/2062(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to its resolution of 3 October 2017 on the fight against cybercrime (2017/268(INI));
Amendment 4 #
2018/2062(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to Commission Decision 2011/61/EU of 31 January 2011 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by the State of Israel with regard to automated processing of personal data6a; _________________ 6a OJ L 27, 1.2.2011, p. 39
Amendment 6 #
2018/2062(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Europol programming document 2018-20207a highlights the increasing relevance of an enhanced multi-disciplinary approach, including the pooling of necessary expertise and information from an expanding range of partners, for the delivery of Europol's mission; _________________ 7a Europol Programming Document 2018- 2020 adopted by Europol's Management Board on 30 November 2017, EDOC# 856927v18.
Amendment 7 #
2018/2062(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the Europol External Strategy 2017-20208a underlines the need for closer cooperation between Europol and the Middle East/North Africa (MENA) in light of the current terrorist threats as well as migration-related challenges; _________________ 8aEuropol External Strategy 2017-2020, adopted by the Europol Management Board on 13 December 2016, EDOC#865852v3.
Amendment 8 #
2018/2062(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas Parliament underlined in its 2017 Resolution on the Fight against cybercrime (2017/268(INI)) that strategic and operational cooperation agreements between Europol and third countries facilitate both the exchange of information and practical cooperation in the fight against cybercrime;
Amendment 11 #
2018/2062(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the State of Israel was included in the list of third states and organisations set out in Council Decision 2009/935/JHA of 30 November 2009 with which Europol should conclude agreements; whereas negotiations on an operational cooperation agreement had been launched in 2010 but were not concluded before the entry into force of the Europol Regulation ((EU) 2016/794)) on 1 May 2017;
Amendment 14 #
2018/2062(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that cooperation with the State of Israel in the field of law enforcement may beis necessary for the European Union’s security interests but highlights that due caution is needed while, in particular given the great level of expertise the Israeli authorities have in fighting terrorism and in investigating as well as dealing with high-tech cybercrime; highlights the need to apply due diligence when defining the negotiating mandate for an agreement between the European Union and the State of Israel on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Israeli authorities for fighting serious crime and terrorism;
Amendment 20 #
2018/2062(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the level of protection resulting from the agreement should be essentially equivalent to the level of protection in EU law; welcomes, in this context, the formal recognition of Israel as a country providing an adequate level of data protection by the Commission in 2011; recalls that this decision was based, inter alia, on available administrative and judicial remedies to guarantee the application of the data protection standards as well as the existence of an independent supervisory authority (the Israeli Law, Information and Technology Authority (ILITA)) invested with powers of investigation and intervention;
Amendment 26 #
2018/2062(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the categories of offences for which personal data will be exchanged need to be clearly defined and listed in the international agreement itself, in line with EU criminal offences definitions when available; this list should include the activities covered by such crimes, and the persons, groups and organisations likely to be affected by the transferlikely effects of the transfer of personal data;
Amendment 29 #
2018/2062(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the State of Israel, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insists that the name of this authority and the contact details be expressly included in the agreement;
Amendment 32 #
2018/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decideit should be possible for either one of the contracting parties to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 35 #
2018/2062(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that a clear definition of the concept of individual cases is needed as this concept is needed to assess the necessity and proportionality of data transfers; highlights that this definition should only refer to actual criminal investigations and not to criminal intelligence operations targeting specific individuals considered as suspects;
Amendment 37 #
2018/2062(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that data transferred to a receiving authority can never be further processed by other authorities and that, to this end, an exhaustive list of the competent authorities in the State of Israel to which Europol can transfer data should be set up, including a description of the authorities’ competences; considers that any changemodification to such a list that would replace or add a new competent authority would require a review of the international agreement;
Amendment 41 #
2018/2062(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of the State of Israel compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in the State of Israel; is of the opinion that such a transfer of data should therefore only take place in very exceptional cases and with clear safeguards for the data subject and persons linked to the data subject; Considers it necessary to impose safeguards on the State of Israel as regardsdefine specific safeguards that would need to be respected by the State of Israel as regards fundamental rights, including the respect for freedom of expression, freedom of religion, and human dignity and so forth;
Amendment 46 #
2018/2062(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Believes that a monitoring mechanism should be included in the agreement and it should be made subject to periodic assessments to evaluate its functioning in relation to the operational needs of Europol as well as its compliance with European data protection rights and principles;
Amendment 50 #
2018/2062(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on the Commission to keep its competent committee informed about the progress of negotiations on the international agreement;
Amendment 2 #
2018/2061(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to its resolution of 3 October 2017 on the fight against cybercrime (2017/268(INI));
Amendment 7 #
2018/2061(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Europol programming document 2018-20206a highlights the increasing relevance of an enhanced multi-disciplinary approach, including the pooling of necessary expertise and information from an expanding range of partners, for the delivery of Europol's mission; _________________ 6aEuropol Programming Document 2018- 2020 adopted by Europol's Management Board on 30 November 2017, EDOC# 856927v18.
Amendment 8 #
2018/2061(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the Europol External Strategy 2017-20207a underlines the need for closer cooperation between Europol and the Middle East/North Africa (MENA) in light of the current terrorist threats as well as migration-related challenges; _________________ 7aEuropol External Strategy 2017-2020, adopted by the Europol Management Board on 13 December 2016, EDOC#865852v3.
Amendment 9 #
2018/2061(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas Parliament underlined in its 2017 Resolution on the Fight against cybercrime (2017/268(INI)) that strategic and operational cooperation agreements between Europol and third countries facilitate both the exchange of information and practical cooperation in the fight against cybercrime;
Amendment 14 #
2018/2061(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that cooperation with the Republic of Turkey in the field of law enforcement may beis necessary for the European Union’s security interests but highlights that due caution is needed while, in particular to counter crime phenomena linked to terrorism since both parties face terrorism threats and also because the Republic of Turkey has been the main transit country for European foreign terrorist fighters, migrant smuggling from Asia, Africa and the Middle East to Europe, drug trafficking due to its history of being a transit country for heroin, opium and cocaine, illicit trafficking of firearms both when it comes to slowing the flow of illicit firearms to its neighbours and to prevent trafficking into the EU and counterfeit goods especially since the Republic of Turkey is a major source and transshipment point of such counterfeit goods; highlights the need to apply due diligence when defining the negotiating mandate for an agreement between the European Union and the Republic of Turkey on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Turkish competent authorities for fighting serious crime and terrorism;
Amendment 30 #
2018/2061(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the categories of offences for which personal data will be exchanged need to be clearly defined and listed in the international agreement itself, in line with EU criminal offences definitions when available; this list should include the activities covered by such crimes, and the persons, groups and organisations likely to be affected by the transfer;
Amendment 34 #
2018/2061(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Republic of Turkey, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insists that the name of this authority and the contact details be expressly included in the agreement;
Amendment 38 #
2018/2061(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decideit should be possible for either one of the contracting parties to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 43 #
2018/2061(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that data transferred to a receiving authority can never be further processed by other authorities and that, to this end, an exhaustive list of the competent authorities in the Republic of Turkey to which Europol can transfer data should be set up, including a description of the authorities’ competences; considers that any changemodification to such a list that would replace or add a new competent authority would require a review of the international agreement;
Amendment 48 #
2018/2061(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of the Republic of Turkey compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in the Republic of Turkey; is of the opinion that such a transfer of data should therefore only take place in very exceptional cases and with clear safeguards for the data subject and persons linked to the data subject; Considers it necessary to impose safeguards ondefine specific safeguards that would need to be respected by the Republic of Turkey as regards fundamental rights, including the respect for freedom of expression, freedom of religion, and human dignity and so forth;
Amendment 54 #
2018/2061(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Believes that a monitoring mechanism should be included in the agreement and it should be made subject to periodic assessments to evaluate its functioning in relation to the operational needs of Europol as well as its compliance with European data protection rights and principles;
Amendment 58 #
2018/2061(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on the Commission to keep its competent committee informed about the progress of negotiations on the international agreement;
Amendment 2 #
2018/2060(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to its resolution of 3 October 2017 on the fight against cybercrime (2017/268(INI));
Amendment 5 #
2018/2060(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Europol programming document 2018-20206a highlights the increasing relevance of an enhanced multi-disciplinary approach, including the pooling of necessary expertise and information from an expanding range of partners, for the delivery of Europol's mission; _________________ 6aEuropol Programming Document 2018- 2020 adopted by Europol's Management Board on 30 November 2017, EDOC# 856927v18.
Amendment 6 #
2018/2060(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the Europol External Strategy 2017-20207a underlines the need for closer cooperation between Europol and the Middle East/North Africa (MENA) in light of the current terrorist threats as well as migration-related challenges; _________________ 7aEuropol External Strategy 2017-2020, adopted by the Europol Management Board on 13 December 2016, EDOC#865852v3.
Amendment 7 #
2018/2060(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas Parliament underlined in its 2017 Resolution on the Fight against cybercrime (2017/268(INI)) that strategic and operational cooperation agreements between Europol and third countries facilitate both the exchange of information and practical cooperation in the fight against cybercrime;
Amendment 12 #
2018/2060(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that cooperation with the Hashemite Kingdom of Jordan in the field of law enforcement may beis necessary for the European Union’s security interests but highlights that due caution is needed while, in particular to counter crime phenomena linked to terrorism since both parties have been targeted by terrorist groups, firearms trafficking also due to the already established cooperation on this matter including through exchange of best- practices, training and capacity-building, migration-related challenges considering the areas surrounding refugee camps and close to the Syrian border are susceptible to weapons, human and sex trafficking and drug trafficking as the Hashemite Kingdom of Jordan is a source, transit point and consumer of illicit drugs; highlights the need to apply due diligence when defining the negotiating mandate for an agreement between the European Union and the Hashemite Kingdom of Jordan on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Jordanian competent authorities for fighting serious crime and terrorism;
Amendment 22 #
2018/2060(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the categories of offences for which personal data will be exchanged need to be clearly defined and listed in the international agreement itself, in line with EU criminal offences definitions when available; this list should include the activities covered by such crimes, and the persons, groups and organisations likely to be affected by the transferlikely effects of the transfer of personal data;
Amendment 25 #
2018/2060(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Hashemite Kingdom of Jordan, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insists that the name of this authority and the contact details be expressly included in the agreement;
Amendment 28 #
2018/2060(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decideit should be possible for either one of the contracting parties to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 31 #
2018/2060(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that a clear definition of the concept of individual cases is needed as this concept is needed to assess the necessity and proportionality of data transfers; highlights that this definition should normally only refer to actual criminal investigations, and notonly in extremely exceptional cases with all the necessary safeguards in place, to criminal intelligence operations targeting specific individuals considered as suspects;
Amendment 33 #
2018/2060(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that data transferred to a receiving authority can never be further processed by other authorities and that, to this end, an exhaustive list of the competent authorities in the Hashemite Kingdom of Jordan to which Europol can transfer data should be set up, including a description of the authorities’ competences; considers that any changemodification to such a list that would replace or add a new competent authority would require a review of the international agreement;
Amendment 37 #
2018/2060(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of the Hashemite Kingdom of Jordan compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in the Hashemite Kingdom of Jordan; is of the opinion that such a transfer of data should therefore only take place in very exceptional cases and with clear safeguards for the data subject and persons linked to the data subject; Considers it necessary to impose safeguards ondefine specific safeguards that would need to be respected by the Hashemite Kingdom of Jordan as regards fundamental rights, including the respect for freedom of expression, freedom of religion, and human dignity and so forth;
Amendment 41 #
2018/2060(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Believes that a monitoring mechanism should be included in the agreement and it should be made subject to periodic assessments to evaluate its functioning in relation to the operational needs of Europol as well as its compliance with European data protection rights and principles;
Amendment 45 #
2018/2060(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on the Commission to keep its competent committee informed about the progress of negotiations on the international agreement;
Amendment 2 #
2018/2017(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the United Nations Convention on the Law of the Sea,
Amendment 87 #
2018/0331(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The right to an effective remedy is enshrined in Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this Regulation, which can adversely affect the rights of that person. The right includes, in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the Member State whose authorities issued the removal order. Moreover, hosting service providers should have the right to contest a decision imposing proactive measures or penalties before the court of the Member State whose authorities have adopted the decision.
Amendment 93 #
2018/0331(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences, guidance on methods or techniques on the making or use of explosives, firearms or other weapons or noxious substances as well as CBRN substances, or promotes the participation in activities of a terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic, counter-narrative or research purposes should be adequately protected. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 103 #
2018/0331(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information and material stored available to third partiese public, irrespective of whether this activity is of a mere technical, automatic and passive nature. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services, file sharing and other cloud services, to the extent they make the information available to third parties and webse public and websites where users can make comments or post reviews. Cloud infrastructure services which comprise the provision of on demand physical or virtual resources that provide computing and storage infrastructure capabilities where users can make comments or post reviewson which the service provider has no contractual rights as to what content is stored or how it is processed or made publicly available by its customers or by the end-users of such customers, and where the service provider has no technical capability to remove specific content stored by their customers or the end-users of their customers, should not be considered to fall within the scope of this Regulation. The Regulation should also apply to hosting service providers established outside the Union but offering services within the Union, since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries. This should ensure that all companies operating in the Digital Single Market comply with the same requirements, irrespective of their country of establishment. The determination as to whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in one or more Member States to use its services. However, the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more Member States taken in isolation should not be a sufficient condition for the application of this Regulation.
Amendment 123 #
2018/0331(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it, following an assessment by the competent authorities, should be harmonised. Member States should remain free as to the choice of the competent authorities allowing them to designate administrative, law enforcement or judicial authorities with that task. Given the speed at which terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order. Respecting this one hour delay is crucial to avoid a widespread dissemination of such content. It is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the Union.
Amendment 129 #
2018/0331(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) Where a hosting service provider has been unable to succeed in removing or disabling access to the relevant content within one hour, the hosting service providers should take all the necessary measures to execute the removal order without undue delay. The hosting service provider should report to the issuing authority on the reasons which made it impossible to execute the order. In case of delays, the nature and size of the hosting service providers should be taken into account, particularly in the case of micro enterprises or small-sized enterprises within the meaning of the Commission recommendation 2003/361/EC1a. _________________ 1aCommission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, OJ L 124, 20.5.2003, p. 36.
Amendment 137 #
2018/0331(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Referrals by the competent authorities or Europol constitute an effective and swift means of making hosting service providers aware of specific content on their services. This mechanism of alerting hosting service providers to information that may be considered terrorist content, for the provider’s voluntary consideration of the compatibility its own terms and conditions, should remain available and continue to be developed, in addition to removal orders. It is important that hosting service providers assess such referrals as a matter of priority and provide swift feedback about action taken. The ultimate decision about whether or not to remove the content because it is not compatible with their terms and conditions remains with the hosting service provider. In implementing this Regulation related to referrals, Europol’s mandate as laid down in Regulation (EU) 2016/79413 remains unaffected. _________________ 13Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
Amendment 144 #
2018/0331(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, based on cooperation and exchange of best practice, hosting service providers should determine what appropriate, effective and proportionate proactive measure should be put in place. This requirement should not imply a general monitoring obligation. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist content.
Amendment 160 #
2018/0331(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the proactive measures taken. These could consist of measures to prevent the re-upload of terrorist content, removed or access to it disabled as a result of a removal order or referrals they received, checking against publicly or privately-held tools containing known terrorist content. They may also employ the use of reliable technical tools to identify new terrorist content, either using those available on the market or those developed by the hosting service provider. The service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for human oversight and verification. In assessing the effectiveness and proportionality of the measures, competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider, their size and economic capacity and the impact of its service in disseminating terrorist content (for example, taking into account the number of users in the Union).
Amendment 169 #
2018/0331(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent authority should impose the adoption of appropriate, effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks taking into consideration the economic and technical capacity of the platform. A decision to impose such specific proactive measures should not, in principle, lead to the imposition of a general obligation to monitor, as provided in Article 15(1) of Directive 2000/31/EC. Considering the particularly grave risks associated with the dissemination of terrorist content, the decisions adopted by the competent authorities on the basis of this Regulation could derogate from the approach established in Article 15(1) of Directive 2000/31/EC, as regards certain specific, targeted measures, the adoption of which is necessary for overriding public security reasons. Before adopting such decisions, the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved, in particular, the freedom of expression and information and the freedom to conduct a business, and provide appropriate justification.
Amendment 186 #
2018/0331(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Transparency of hosting service providers' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the Digital Single Market. Hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection, identification and removal of terrorist content, and promote exchange of best practice to efficiently tackle terrorist content.
Amendment 200 #
2018/0331(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to avoid duplication and possible interferences with investigations, the competent authorities should inform, coordinate and cooperate with each other and where appropriate with Europol whenbefore issuing removal orders or when sending referrals to hosting service providers. When deciding upon issuing a removal order, the competent authority should give due consideration to any notification of an interference with an investigative interests ("de-confliction"). Where a competent authority is informed about an existing removal order issued by the competent authority of another Member State, it should refrain from issuing a duplicate order. In implementing the provisions of this Regulation, Europol could provide support in line with its current mandate and existing legal framework.
Amendment 213 #
2018/0331(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) To facilitate the swift exchanges between competent authorities as well as with hosting service providers, and to avoid duplication of effort, Member States may makeare encouraged to use of tools developed by Europol, such as the current Internet Referral Management application (IRMa) or successor tools. Europol should be provided with the necessary financial and human resources to develop these tools to support Member States in the implementation of this Regulation, and to improve them with a view to enhance the standardisation of referrals and strengthen the coordination of removal orders at EU level while continuing to provide expert support and advice to both the Member States and the hosting service providers.
Amendment 219 #
2018/0331(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Both hosting service providers and Member States should establish points of contact to facilitate the swift handling of removal orders and referrals. In contrast to the legal representative, the point of contact serves operational purposes. The hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof. The point of contact for the hosting service provider does not have to be located in the Union and the hosting service provider is free to nominate an existing point of contact, provided that this point of contact is able to fulfil the functions provided for in this Regulation. With a view to ensure that terrorist content is removed or access to it is disabled within one hour from the receipt of a removal order, hosting service providers exposed to terrorist content should ensure that the point of contact is reachable 24/7. The information on the point of contact should include information about the language in which the point of contact can be addressed. In order to facilitate the communication between the hosting service providers and the competent authorities, hosting service providers are encouraged to allow for communication in one of the official languages of the Union in which their terms and conditions are available. Hosting service providers should establish this contact point as soon as they become aware of such content, at the latest without undue delay after they have received a first removal order.
Amendment 234 #
2018/0331(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37 a) Member States should communicate the competent authorities designated under this Regulation to the Commission, which should publish online a compilation of the competent authorities per Member State. The online registry should be easily accessible to facilitate the swift verification of the authenticity of removal orders by the hosting service providers.
Amendment 237 #
2018/0331(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation. Member States should adopt rules on penalties, which can be of an administrative or criminal nature including, where appropriate, fining guidelines. Particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order. Non-compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure. When determining whether a penalty should apply, Member States should take into consideration the reports made by hosting service providers when they have been unable to execute a removal order on time. The Member States should take into consideration the economic and technical capacity of the hosting service providers. In order to ensure legal certainty, the regulation should set out to what extent the relevant obligations can be subject to penalties. Penalties for non-compliance with Article 6 should only be adopted in relation to obligations arising from a request to report pursuant to Article 6(2) or a decision imposing additional proactive measures pursuant to Article 6(4). When determining whether or not financial penalties should be imposed, due account should be taken of the financial resources of the provider. Member States shall ensure that penalties do not encourage the removal of content which is not terrorist content.
Amendment 292 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to third partiese public;
Amendment 301 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'terrorist offences' means offencesintentional acts listed as defined in Article 3(1) of Directive (EU) 2017/541 when and insofar as committed with a specific terrorist aim as defined in Article 3(2) of that Directive; ;
Amendment 308 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) 'terrorist content' means material, including messages or images, constituting a public provocation to commit a terrorist offence, comprising one or more of the following information:
Amendment 318 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
(a) inciting or advocating, including by glorifying, the commission of terrorist offences, thereby causing a danger that such actsoffences may be committed;
Amendment 326 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
(b) encouraging thesoliciting persons or a group of persons to commit or to contributione to terrorist offences;
Amendment 332 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
(c) promoting the activities of a terrorist group, in particular by encouraging thesoliciting persons or a group of persons to participatione in or support tohe criminal activities of a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541;
Amendment 339 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d
Article 2 – paragraph 1 – point 5 – point d
(d) instructingproviding guidance on methods or techniques, including on the making or use of explosives, firearms or other weapons or noxious or hazardous substances as well as CBRN substances, for the purpose of committing terrorist offences.
Amendment 347 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘dissemination of terrorist content’ means making terrorist content available to third partiese public on the hosting service providers’ services;
Amendment 431 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. If the hosting service provider cannot comply with the removal order because of force majeure or of de facto impossibility not attributable to the hosting service provider, it shall inform, without undue delay, the competent authority, explainingreport on the reasons, using the template set out in Annex III. The deadline set out in paragraph 2 shall apply as soon as the reasons invoked are no longer present.
Amendment 466 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Hosting service providers shall, where appropriateproportionate to the risk and level of exposure to terrorist content, take proactive measures to protect their services against the dissemination of terrorist content. The measures shall be effective and proportionate, taking into account the risk and level of exposure to terrorist content, the fundamental rights of the users, and the fundamental importance of the freedom of expression and information in an open and democratic society.
Amendment 511 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where no agreement can be reached within the three months from the request pursuant to paragraph 3, the competent authority referred to in Article 17(1)(c) may issue a decision imposing specific additional necessary and proportionate proactive measures. The decision shall take into account, in particular, the size and economic capacity of the hosting service provider and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information. Such a decision shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider. The hosting service provider shall regularly report on the implementation of such measures as specified by the competent authority referred to in Article 17(1)(c).
Amendment 517 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. A hosting service provider may, at any time, request the competent authority referred to in Article 17(1)(c) a review and, where appropriate, to revoke a request or decision pursuant to paragraphs 2, 3, and 4 respectively. The competent authority shall provide a reasoned decision within a reasonable period of time after receiving the request by the hosting service provider. A hosting service provider shall have the right to contest a decision imposing proactive measures before the court of the Member State whose competent authority has adopted this decision.
Amendment 616 #
2018/0331(COD)
Proposal for a regulation
Article 13 – title
Article 13 – title
13 Cooperation between hosting service providers, competent authorities and where appropriate relevacompetent Union bodies
Amendment 619 #
2018/0331(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Competent authorities in Member States shall inform, coordinate and cooperate with each other and, where appropriate, with relevacompetent Union bodies such as Europol with regard to removal orders and referrals to avoid duplication, enhance coordination and avoid interference with investigations in different Member States.
Amendment 626 #
2018/0331(COD)
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. Member States and hosting service providers may choose to make use of dedicated tools, including, where appropriate, those established by relevacompetent Union bodies such as Europol, to facilitate in particular:
Amendment 637 #
2018/0331(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Hosting service providers exposed to terrorist content and receiving removal orders shall establish a point of contact allowing for the receipt of removal orders and referrals by electronic means and ensure their swift processing pursuant to Articles 4 and 5. They shall ensure that this information is made publicly available.
Amendment 678 #
2018/0331(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. By [six months after the entry into force of this Regulation] at the latest Member States shall notify the Commission of the competent authorities referred to in paragraph 1. The Commission shall set up an online register listing all these competent authorities. The Commission shall publish the notification and any modifications of it in the Official Journal of the European Union.
Amendment 708 #
2018/0331(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point e a (new)
Article 18 – paragraph 3 – point e a (new)
(ea) reports sent by hosting service providers when they have been unable to execute a removal order on time.
Amendment 711 #
2018/0331(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point e b (new)
Article 18 – paragraph 3 – point e b (new)
(eb) the economic and technical capacity of the hosting service providers.
Amendment 714 #
2018/0331(COD)
Proposal for a regulation
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. Members States shall take into consideration the specificities of micro or small enterprises within the meaning of the Commission recommendation 2003/361/EC, when determining penalties.
Amendment 726 #
2018/0331(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
No sooner than [three years from the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and submit a report to the European Parliament and to the Council on the application of this Regulation including the functioning of the effectiveness of the safeguard mechanisms. In the context of this evaluation, the Commission shall also report on the necessity, the feasibility and the effectiveness of creating a European Platform on Terrorist Content Online, which would allow all Member States to use one secure communication channel to send referrals and removal orders for terrorist content to hosting service providers. Where appropriate, the report shall be accompanied by legislative proposals. Member States shall provide the Commission with the information necessary for the preparation of the report.
Amendment 752 #
2018/0331(COD)
Proposal for a regulation
Annex III – section B – point i – paragraph 3 – indent 1 (new)
Annex III – section B – point i – paragraph 3 – indent 1 (new)
- Impossibility for the hosting service provider to execute the order for technical or practical reasons
Amendment 171 #
2018/0330(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The effective implementation of the European Integrated Border Management by the European Border and Coast Guard should be ensured through a multiannual strategic policy cycle for European Integrated Border Management. The multiannual cycle should set an integrated, unified and continuous process to provide strategic guidelines to all the relevant actors at Union level and in Member States in the area of border management and returns in order for those actors to implement the European Integrated Border Management in a coherent manner and in full compliance with fundamental rights. It shall also address all the relevant interactions of the European Border and Coast Guard with the Commission, other institutions and bodies as well as cooperation with other relevant partners, including third countries and third parties as appropriate.
Amendment 178 #
2018/0330(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The implementation of this Regulation does not affect the division of competence between the Union and the Member States or the obligations of Member States under the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, the United Nations Convention Relating to the Status of Stateless Persons and other relevant international instruments.
Amendment 214 #
2018/0330(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Given its activities at the external borders, the Agency should contribute to preventing and detecting serious crime with a cross-border dimension, such as migrant smuggling, trafficking in human beings and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Cross-border crimes necessarily entail a cross-border dimension. Such a cross- border dimension is characterised by crimes directly linked to unauthorised crossings of the external borders, including trafficking in human beings or smuggling of migrants. That said,In line with Article 1(2) of Council Directive 2002/90/EC19 allows Member States not to impose, the Agency shall remind Member States of potential fundamental rights implications when they consider imposing sanctions where the aim of the behaviour is to provide humanitarian assistance to migrants. _________________ 19 Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17).
Amendment 253 #
2018/0330(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In that respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows. That support is possible through the establishment of controlled centres where third-country nationals disembarked in the Union could be rapidly processed to ensure access to protection and assistance of those in need, with swift returns for those who are not. Whereas controlled centres are to be established on a voluntary basis, it should be possible for the Union to provide the Member States in question with full financial and operational support through the relevant Union Agencies including the European Border and Coast Guard Agency. The Commission, in cooperation with the relevant Union agencies, should ensure that activities in controlled centres comply with relevant Union law.
Amendment 256 #
2018/0330(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The European Border and Coast Guard Agency and the [European Union Agency for Asylum] should cooperate closely in order to address effectively the migratory challenges, in particular at the external borders characterised by large inward mixed migratory flows. In particular, both Agencies should coordinate their activities and support Member States to facilitate the procedure for international protection and the return procedure with regard to third country nationals whose application for international protection is rejected and who are not entitled to other grounds to stay under EU and international law. The Agency and [the European Union Agency for Asylum] should also cooperate in other common operational activities such as shared risk analysis, collection of statistical data, training and support to Member States on contingency planning.
Amendment 261 #
2018/0330(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of experts from the staff of the Agency and experts seconded by the Member States, and experts of the staff of/or Member States' experts deployed by, the [European Agency for Asylum], Europol, the European Union Agency for Fundamental Rights or other relevant Union agencies. The Commission should ensure the necessary coordination in the assessment of needs and operations on the ground in view of the involvement of various Union agencies.
Amendment 336 #
2018/0330(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) Cooperation with third countries, following the conclusion of a status agreement between the Union and the third country concerned, is an element of European Integrated Border Management. It should serve to promote European border management and return standards, to exchange information and risk analysis, to facilitate the implementation of returns with a view to increasing their efficiency and to support third countries in the area of border management and migration, including the deployment of the European Border and Coast Guard standing corps when such support is required to protect external borders and the effective management of the Union’s migration policy.
Amendment 366 #
2018/0330(COD)
Proposal for a regulation
Recital 98
Recital 98
(98) Any processing of personal data by the Agency within the framework of this Regulation should be conducted in accordance with Regulation (ECU) No 45/20012018/1725.
Amendment 401 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas or in controlled centres, composed of operational staff from the European Border and Coast Guard standing corps, experts deployed by the [the European Union Agency for Asylum], and from Europol, the European Union Agency for Fundamental Rights or other relevant Union agencies as well as from Member States;
Amendment 443 #
2018/0330(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) inter-agency cooperation among the national authorities in each Member State which are responsible for border control or for other tasks carried out at the border including national bodies in charge of protecting fundamental rights, as well as between authorities responsible for return in each Member State, including the regular exchange of information through existing information exchange tools;
Amendment 465 #
2018/0330(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
(4) The Agency shall contribute to the continuous and uniform application of Union law, including the Union acquis on fundamental rights, and ensure the application of the Charter of Fundamental Rights of the European Union in all its activities at all external borders. Its contribution shall include the exchange of good practices.
Amendment 491 #
2018/0330(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) The multiannual strategic policy for the European Integrated Border Management shall define how the challenges in the area of border management and return are to be addressed in a coherent, integrated and systematic manner in line with Union law and the instruments laid down in Recital 16.
Amendment 569 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 20 a (new)
Article 10 – paragraph 1 – point 20 a (new)
20 a. cooperate with the European Union Agency for Fundamental Rights, to ensure the continuous and uniform application of the Union acquis on fundamental rights;
Amendment 591 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 29
Article 10 – paragraph 1 – point 29
29. develop and operate, in accordance with [Regulation (ECU) No 45/2001]2018/1725, information systems that enable swift and reliable exchanges of information regarding emerging risks in the management of the external borders, illegal immigration and return, in close cooperation with the Commission, Union bodies, offices and agencies as well as the European Migration Network established by Decision 2008/381/EC;
Amendment 619 #
2018/0330(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Agency shall develop, deploy and operate an information system capable of exchanging classified and sensitive non- classified information with those actors, and of exchanging personal data referred to in Article 80 and Articles 87 to 91 in accordance with Commission Decision (EU, Euratom) 2015/44439 , Commission Decision 2015/44340 and [Regulation (ECU) No 45/2001]2018/1725. _________________ 39 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53). 40 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).
Amendment 820 #
2018/0330(COD)
Proposal for a regulation
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. The operational plan shall be binding on the Agency, the host Member State and the participating Member States. It shall cover all aspects considered necessary for carrying out the joint operation, also in the case of cooperation with third countries, including the following:
Amendment 840 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
The Member State referred to in first paragraph shall submit a request for reinforcement by migration management support teams and an assessment of its needs to the Commission. The Commission shall, based on the assessment of needs of that Member State, transmit the request to the Agency, to [the European Union Agency for Asylum], Europol, the European Union Agency for Fundamental Rights or other relevant Union agencies, as appropriate.
Amendment 849 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 4 – point b
Article 41 – paragraph 4 – point b
(b) initial information to persons who wish to apply for international protection, victims of trafficking in human beings, unaccompanied minors and persons in a vulnerable situation, and their referral to the competent national authorities of the Member State concerned or to the experts deployed by [the European Union Agency for Asylum];
Amendment 858 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The Agency shall cooperate with the [the European Union Agency for Asylum] to facilitate measures for the referral to the procedure for international protection and, for third country nationals whose application for international protection has been rejected by means of a final decision and who are not entitled to other grounds to stay in line with EU and international law, to the return procedure.
Amendment 950 #
2018/0330(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. During deployment of border management teams, return teams and migration management support teams, including when cooperating with third countries, the host Member State shall issue instructions to the teams in accordance with the operational plan.
Amendment 954 #
2018/0330(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, and human dignity and shall pay particular attention to vulnerable persons. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons onbased on any grounds ofsuch as sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in line with provisions stipulated in Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 960 #
2018/0330(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The eExecutive dDirector shall terminate activities of the Agency, including when cooperating with third countries, if the conditions to conduct those activities are no longer fulfilled. The eExecutive dDirector shall inform the Member State concerned prior to such termination.
Amendment 1020 #
2018/0330(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
The Agency shall develop, deploy and operate information systems and software applications allowing for the exchange of classified and sensitive non-classified information for the purpose of return within the European Border and Coast Guard and for the purpose of exchanging personal data referred to in Articles 87- 89in accordance with Commission Decision (EU, Euratom) 2015/444, Commission Decision (EU, Euratom) 2015/443 and [Regulation (ECU) No 45/2001]2018/1725.
Amendment 1059 #
2018/0330(COD)
Proposal for a regulation
Article 52 – paragraph 5 a (new)
Article 52 – paragraph 5 a (new)
5 a. After the pool of forced-return monitors is constituted by the Agency, following the determination of the profile and the number of forced-return monitors, the Agency shall entrust the Council of Europe and its forced return monitors within its Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to conduct spot-checks on a selected sample of a maximum of 20 per cent of return operations carried out or facilitated by the Agency. The Council of Europe's forced return monitors shall compile a report following each spot- check. The Council of Europe shall compile an annual evaluation report from the information collected which shall be communicated to the Executive Director, the Agency's Management Board, Fundamental Rights Officer and Consultative Forum, the European Parliament, the Council and the European Commission. The Council of Europe shall receive an adequate budget by the Agency on an annual basis to evaluate the Agency's pool of forced- return monitors. The results of the annual evaluation report shall be taken into account in the evaluation of this Regulation in line with the provisions laid down in Article 116.
Amendment 1060 #
2018/0330(COD)
Proposal for a regulation
Article 52 – paragraph 5 b (new)
Article 52 – paragraph 5 b (new)
5 b. No forced return shall be carried out or facilitated by the Agency before its pool of forced-return monitors is fully constituted and ready for deployment.
Amendment 1064 #
2018/0330(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The Agency may deploy return teams, that also consist of officers with specific expertise in child protection, either at the request of a Member State or on its own initiative, during return interventions, in the framework of migration management teams or as necessary to provide additional technical and operational assistance in the area of return, including where such challenges are linked to large inward mixed migratory flows or taking in third-country nationals rescued at sea.
Amendment 1201 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k a (new)
Article 69 – paragraph 1 – subparagraph 2 – point k a (new)
(k a) the Council of Europe for the purposes of overseeing the pool of forced- return monitors;
Amendment 1239 #
2018/0330(COD)
Proposal for a regulation
Article 74 – paragraph 3
Article 74 – paragraph 3
3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a status agreement shall be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations, including by ensuring that the teams include a member with expertise on fundamental rights.
Amendment 1261 #
2018/0330(COD)
Proposal for a regulation
Article 76 – paragraph 3 a (new)
Article 76 – paragraph 3 a (new)
3 a. Any exchange of information under Article 73(1), which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 1287 #
2018/0330(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. The Agency may, with the agreement of the Member States concerned, invite observers of Union institutions, bodies, offices, agencies or international organisations and CSDP missions and operations to participate in its activities, in particular joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security of those activities or pose risks to fundamental rights. The participation of those observers in risk analysis and training may take place only with the agreement of the Member States concerned. As regards joint operations and pilot projects, the participation of observers shall be subject to the agreement of the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation.
Amendment 1292 #
2018/0330(COD)
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The Agency may, with the agreement of the Member States concerned, invite observers from third countries to participate in its activities at the external borders referred to in Article 37 , return operations referred to in Article 51, return interventions referred to in Article 54 and training referred to in Article 62, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities nor the safety of third country nationals and the right to asylum. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 37, 43, 51 and 62 and only with the agreement of the host Member State regarding those referred to in Articles 37 and 54. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation. They shall be required to adhere to the codes of conduct of the Agency while participating in its activities.
Amendment 1337 #
2018/0330(COD)
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
1. The Agency shall apply [Regulation (ECU) No 45/2001]2018/1725 when processing personal data.
Amendment 1340 #
2018/0330(COD)
Proposal for a regulation
Article 87 – paragraph 2
Article 87 – paragraph 2
2. The management board shall take the necessary administrative measures to apply[ Regulation (ECU) No 45/2001]2018/1725 by the Agency, including those concerning the data protection officer of the Agency.
Amendment 1449 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 4
Article 105 – paragraph 2 – subparagraph 4
If the management board takes a decision to appoint a candidate other than the candidate whom the European Parliament indicated as its preferred candidate, the management board shall inform the European Parliament and the Council in writing of the manner in which the opinion of the European Parliament was taken into account. Additionally, that decision by the management board shall be taken by a four-fifths majority of all members with a right to vote. The outgoing executive director shall remain in office until the management board appoints his or her replacement in accordance with this paragraph.
Amendment 1487 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 3
Article 107 – paragraph 3
3. The fFundamental rRights oOfficer shall be consulted on the operational plans drawn up in accordance with Articles 39, 43, 54(4) and 75(3)0, 41, 43, 51, 54 and 75 as well as on pilot projects and technical assistance projects in third countries. He or she shall have access to all information concerning respect for fundamental rights in all the activities of the Agency.
Amendment 1489 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 3 a (new)
Article 107 – paragraph 3 a (new)
3 a. The Agency shall provide its Fundamental Rights Officer with adequate resources and staff corresponding to its mandate and size. The Fundamental Rights Officer shall have access to all information necessary to fulfil her or his tasks and shall be granted administrative autonomy from the Agency.
Amendment 1493 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 3 b (new)
Article 107 – paragraph 3 b (new)
3 b. In the case of a long-term absence of the Fundamental Rights Officer, the management board shall appoint an interim Fundamental Rights Officer within one calendar week of such absence. The interim Fundamental Rights Officer shall have the necessary qualifications and experience in the field of fundamental rights. The interim Fundamental Rights Officer shall, where possible, be appointed from within the Agency's Fundamental Rights Office or from staff who worked in the same Office in the past.
Amendment 1494 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 3 c (new)
Article 107 – paragraph 3 c (new)
3 c. The Fundamental Rights Officer shall be tasked to present an annual report on the work of the Agency's Fundamental Rights Office. The report shall be communicated to the Executive Director, the Agency's Management Board and Consultative Forum, the European Parliament, the Council and the European Commission.
Amendment 1514 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 4
Article 108 – paragraph 4
4. The fFundamental rRights oOfficer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the fFundamental rRights oOfficer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the eExecutive dDirector, forward complaints concerning members of the teams to the home Member State, inform the relevant authority or body competent for fundamental rights in a Member State for further action in line with their mandate, and register and ensure the follow-up by the Agency or that Member State.
Amendment 1520 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 5 – subparagraph 1
Article 108 – paragraph 5 – subparagraph 1
In accordance with the right to good administration, if a complaint is admissible, complainants shall be informed that a complaint has been registered, that an assessment has been initiated and that a response may be expected as soon as it becomes available. If a complaint is forwarded to national authorities or bodies, the complainant shall be provided with their contact details. If a complaint is not declared inadmissible, complainants shall be informed of the reasons and, if possible, provided with further options for addressing their concerns. Complainants shall be granted the possibility to appeal an inadmissibility decision to the European Ombudsman.
Amendment 1533 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 7
Article 108 – paragraph 7
7. If a complaint is registered that concerns a team member of a host Member State or a team member from other participating Member States, including a seconded member of the teams or seconded national expert, the home Member State shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the fFundamental rRights oOfficer as to the findings and follow- up made in response to the complaint within a determined time periodone calendar year, and if necessary, at regular intervals thereafter. The Agency shall follow-up the matter if no report is received from the relevant Member State.
Amendment 1542 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 9
Article 108 – paragraph 9
9. The fFundamental rRights oOfficer shall report to the executive director and to the management board a, as part of her or his annual report on the work of the Agency's Fundamental Rights Office, include specific references to the Agency's and Member States' findings and follow-ups made in response to complaints. The Agency shall include information on the complaints mechanism in its annual report.
Amendment 1549 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 11 – subparagraph 1
Article 108 – paragraph 11 – subparagraph 1
Any personal data contained in a complaint shall be handled and processed by the Agency including the fundamental rights officer in accordance with [Regulation (ECU) No 45/2001]2018/1725 and by Member States in accordance with Regulation (EU) 2016/679 and Directive (EU) 2016/680.
Amendment 131 #
2018/0329(COD)
Proposal for a directive
Recital 4
Recital 4
(4) That European return policy should be based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity, as well as international law, including the UN Convention of the rights of the Child, refugee protection and other human rights obligations. Clear, transparent and fair rules need to be established to provide for an effective return policy which serves as a deterrent to irregular migration and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration system.
Amendment 145 #
2018/0329(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The need for Union and bilateral readmission agreements with third countries to facilitate the return process is underlined. International cooperation with countries of origin at all stages of the return process is a prerequisite to achieving sustainable and effective return.
Amendment 147 #
2018/0329(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is recognised that it is legitimate for Member States to return illegally staying third-country nationals, provided that fair and efficient asylum systems are in place which fully respect the principle of non-refoulement, international law and Union law.
Amendment 159 #
2018/0329(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To reinforce the effectiveness of the return procedure, clear responsibilities for third-country nationals should be established, and in particular the obligation to cooperate with the authorities at all stages of the return procedure, including by providing the information and elements that are necessary in order to assess their individual situation or remaining present and available at all stages of the return procedure.. At the same time, it is necessary to ensure that third-country nationals are informed of the consequences of not complying with those obligations, in relation to the determination of the risk of absconding, the granting of a period for voluntary departure and the possibility to impose detention, and in relation to the access to programmes providing logistical, financial and other material or in-kind assistance. Member States should ensure that the consequences of non-complying are not excessive or disproportionate. The obligation to cooperate should not affect children.
Amendment 205 #
2018/0329(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available , upon request, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessary. Member States should ensure that children receive legal aid and information on their rights and procedures by qualified child protection authorities in a child-friendly manner and in a language that children understand.
Amendment 307 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘vulnerable persons’ means minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence and exploitation.
Amendment 312 #
2018/0329(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
When adopting a return decision and implementing this Directive, Member States shall take due account of:
Amendment 314 #
2018/0329(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the best interests of the child in all cases where children are affected;
Amendment 364 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The existence of a risk of absconding shall be determined on the basis of an overall individual assessment of the specific circumstances of the individual case, taking into account the objective criteria referred to in paragraph 1.
Amendment 403 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall inform the third-country nationals about thein a clear manner about the return procedure and consequences of not complying with the obligation referred to in paragraph 1.
Amendment 435 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
A return decision shall provide for an appropriate period for voluntary departure of up to thirty days, without prejudice to the exception referred to in paragraphs 2 and 4. Member States may provide in their national legislation that such a period shall be granted only following an application by the third-country national concerned. In such a case, Member States shall inform the third-country nationals concerned of the possibility of submitting such an application and clearly inform about the procedure.
Amendment 449 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall not grant a period for voluntary departure, after an individual assessment, in following cases:
Amendment 476 #
2018/0329(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a a (new)
Article 11 – paragraph 2 – point a a (new)
(aa) completion of schooling for children;
Amendment 482 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, Member States shall carry out a best interests assessment, taking into account the specific circumstances of the child, to identify durable solutions for the child. If a return decision is issued based on a best interests assessment, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
Amendment 485 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return. Authorities shall ensure that there is a handover from child protection authorities of the Member States to child protection authorities of the State of return.
Amendment 488 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Unaccompanied minors shall be assisted and represented by a qualified guardian throughout the whole return procedure.
Amendment 81 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/103/EC
Article 1 – point 1 a
Article 1 – point 1 a
1a. ‘'use of a vehicle’' means any use of such vehicle, in traffic, that is intended normalprimarily to serve as a means of transport, that is consistent with the normal function of that vehicle, irrespective of the vehicle's characteristics and irrespective of the terrain on which the motor vehicle is used and and that, at the time of the accident, was being used in line with its primary function on public roads and irrespective of whether it is stationary or in motion.;
Amendment 85 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
(1b) In Article 3, the following paragraph is added: Member States shall ensure that when a vehicle is required to hold third party motor insurance pursuant to the first paragraph, the insurance is also valid and covers injured parties in the case of accidents occurring when that vehicle is in traffic on public roads and not being used in line with its primary function.
Amendment 101 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 4
Article 10 a – paragraph 4
4. Where the injured party is resident in another Member State than the Member State in which the insurance undertaking referred to in paragraph 1 is establishvehicle causing the accident is insured, the body referred to in paragraph 1 and which has compensated that injured party in his or her Member State of residence, shall be entitled to claim reimbursement of the sum paid by way of compensation from the body referred to in paragraph 1 in the Member State in which the insurance undertaking which issued the policy of the liable party is establishwhere the vehicle causing the accident is insured.
Amendment 104 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 7 a (new)
Article 10 a – paragraph 7 a (new)
7a. The latter body shall be subrogated to the injured party in his or her rights against the body referred to in paragraph 1 established in the Member State where the liable party is resident, in so far as the compensation body in the injured party's Member State of residence provided compensation for personal injuries or damage to property. Each Member State shall be obliged to acknowledge this subrogation as provided for by any other Member State.
Amendment 105 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 7 b (new)
Article 10 a – paragraph 7 b (new)
7b. Injured parties referred to in Article 20(1) may, in the situations referred to in paragraph 1, apply for compensation from the compensation body referred to in Article 24 in their Member State of residence.
Amendment 106 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 7 c (new)
Article 10 a – paragraph 7 c (new)
7c. The compensation body which has compensated the injured party in his or her Member State of residence shall be entitled to claim reimbursement of the sum paid by way of compensation from the compensation body in the Member State where the vehicle causing the accident is insured.
Amendment 93 #
2017/2209(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the decision to name the European Parliament press room to slain journalist Daphne Caruana Galizia; Reiterates to this end its call for a European Parliament annual prize for investigative journalism to be named after Daphne Caruana Galizia;
Amendment 111 #
2017/2209(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Is concerned with the state of media freedom in Malta following the assassination of anti-corruption journalist Daphne Caruana Galizia in October 2017, who was also subject to harassment, including precautionary warrants that froze her bank accounts, and threats made by multi-national companies;
Amendment 133 #
2017/2209(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the European Commission to propose an Anti-SLAPP (Strategic lawsuit against public participation) Directive that will protect independent media from vexatious lawsuits intended to silence or intimidate them in the EU.
Amendment 9 #
2017/2179(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Acknowledges that EASO, eu- LISA and to a much lesser extend EMCDDA did not fully comply with public procurement principles and rules laid down by the Financial Regulation; notes that for EUunderstands that in the case of eu-LISA decisions had to be taken to ensure the stability and continuity of the border management of external borders of the Schengen area; notes that for eu-LISA, Frontex and EMCDDA the Court also identified weaknesses in monitoring contract implementations; highlights also the very significant weaknesses of EASO Internal Controls; welcomes however the commitment of these three Agencies to improve themselves and take the necessary corrective measures;
Amendment 11 #
2017/2179(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that eu-LISA and EASO are the only JHA agencies for which there are no obligations to conduct regular external audits in their founding regulations; requests these Agencies and the Commissioncalls on the co-legislators to evaluate options to address this important issue when revising their founding regulations;
Amendment 13 #
2017/2179(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges in particular Eurojust, CEPOL, EASO and eu-LISA to step up their efforts for adopting in due time and for effectively implementingthe Commission to ensure the swift adoption of its guidelines on whistleblowing that will consequently be immediately adopted and effectively implemented by Union Agencies, including Eurojust, CEPOL, EASO and eu-LISA, in the form of clear internal rules on the protection of whistle-blowers;
Amendment 4 #
2017/2178(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Is concernedNotes that the public procurement procedure launched for the further development and maintenance of the VIS system (EUR 1924 million for a six -year contract) without precisely defining the services requested, as per the system's legal base, required tenderers to have access to the Biometric Matching Service technology developed by one single company with no obligations to provide commercial access to tenderers; calls on the Agency to, whenever possible, avoid being locked- in to any vendors as this would be detrimental to its long term financial interests, damaging the cost- effectiveness of procurement procedures and limiting competition; urges the Agency to, whenever possible, conclude agreements with multiple suppliers and to define the services required precisely;
Amendment 7 #
2017/2178(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the Court of Auditors' conclusions that the annual accounts of the European Agency for the Operational Management of Large-scale IT Systems in the Area of Freedom, Security and Justice (“the Agency”) present fairly its financial position on 31 December 2016 and that its transactions are legal and regular;
Amendment 9 #
2017/2178(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Agency amended the construction contract for its premises in Strasbourg (EUR 21.2 million) to proceed with advance payments in order to increase its budget consumption; notes that such a change was linked to the financial cycle imposed by the Financial Regulation for non-differentiated appropriations; points out that by November 2016, the Agency had paid the full contract amount alin full, even though less than half of the work had been completed; notes that the risk was partly offset by financial and performance guarantees as stipulated in the contract; requests the Agency to better assess the necessity of taking such financial risks as the use of financial guarantees does not cover all financial riskin future projects;
Amendment 11 #
2017/2178(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. RegretNotes that, in 2016, the Agency received and accepted supplies amounting to EUR 2.8 million without having budget and contracts in place for it; understands that such a move was made to ensure the stability and continuity of the border management of external borders of the Schengen area; requests the Agency to better adhere to public procurement procedures;
Amendment 18 #
2017/2178(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that the internal whistleblowing procedure has not yet been implemented yet; calls on the Agency for an immediateEuropean Commission to ensure the swift adoption of its guidelines on whistleblowing that will consequently be immediately adopted and effectively implementation of the internal whistleblowing procedured by EU Agencies, including the Agency; understands that, as an interim measure, the Agency has been pro-active by including general whistleblowing principles in its code of conduct, which is easily accessible on the Agency's website;
Amendment 23 #
2017/2178(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with concern that there is no specific legal requirement in the Regulation (EU) 1077/2011, establishing the Agency;, on publication of the individual statements of commitment, including the declarations of interests of the members of the Management Board and of the Advisory Group; urges the Agencyco- legislators to adopt, and consequently for the Agency to effectively implement, legal requirements and guidelines for a coherent policy on the prevention and management of conflicts of interest, as well as to develop a clear and transparent policy on these matters; welcomes that, in the absence of any legal requirement, the Agency has published individual statements of commitment of the members of the Management Board;
Amendment 24 #
2017/2178(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses with concern that the first annual monitoring report on the implementation of the Agency’s anti-fraud strategy (April 2016) showed a low level of implementation close to 60%, while the next monitoring report (MarchNovember 2017) showsed a level of quantitative implementation of at least 80%; notes the progress made in this regard; calls on the Agency to constantly improve the implementation of its anti-fraud strategy;
Amendment 26 #
2017/2178(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Regrets that no particular steps have been taken regarding the gender balance in the composition of the Agency’s management boardManagement Board; calls on Member States to ensure gender balance when nominating their member and alternate member for the Agency's Management Board; calls on the Agency to pro-actively remind Member States of the importance of gender balance.
Amendment 3 #
2017/2169(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the relatively high level of carry-overs of committed appropriations for Title II (administrative expenditure) at EUR 4,23,5 million, i.e. 41 39%; acknowledges that it is due to the nature of the administrative arrangements between Europol and its host state regarding building works; notes that Europol received an Internal Security Fund emergency assistance grant of EUR 1,5 million in 2016 with a view to deploying experts (guest officers) to hotspots to conduct secondary security checks, with this expenditure being audited and deemed as being eligible;
Amendment 8 #
2017/2169(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the 102 % staff and 8,3 % budget increases of Europol in 2016 following the decision to entrust Europol with new tasks; notes the high implementation rates for commitment (99,8 %) and payment appropriations (91,0 %);
Amendment 9 #
2017/2169(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Acknowledges the ever-increasing demand for Europol’s services from Member States; regretnotes, in that context, the fact that the tight ICT resources available have resulted in a re-prioritisation of core systems development activities, project delays and have also triggered an exploration of further outsourcing possibilities with the increased risks that that implies; emphasises that Europol can only fulfil its responsibilities fully and reap the benefits of Regulation (EU) 2016/794 if it is allocated substantial additional resources in the coming years; calls on the co-legislators to ensure that Europol is allocated such additional resources in order to be able to, inter alia, guarantee its response to cybercrime threats and upgrade its ICT capabilities;
Amendment 11 #
2017/2169(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the commitment ofsteps taken by Europol to address in a timely fashion the single critical recommendation and the majority of the twenty-six very important recommendations identified as part of the internal audits conducted on operational support provided by the European Cybercrime Centre to Member States as well as on the implementation by Europol of internal control standards; calls on Europol to take the necessary action to address the remaining five recommendations that are still pending;
Amendment 14 #
2017/2169(DEC)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 18 #
2017/2169(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights that Europol’s new legal framework provides for additional measures in terms of providing the discharge authority with dedicated information about its work, including sensitive operational matters; regrets, however, thatwelcomes the publication of declarations of interest ofby the members of Europol’'s mManagement boarBoard on Europol's website; welcomes Europol's updated version of its code of conduct and its still pending;whistleblowing arrangements, which provide additional safeguards to Europol's operation.
Amendment 3 #
2017/2164(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the mandate of Frontex was considerably extended with a budget increase of 75 % versus 18 % for its staff; notes in this context,Welcomes the Court of Auditors' conclusions that the annual accounts of the Agency fairly presentFrontex present fairly its financial position on 31 December 2016 and that its transactions are legal and regular; highlights that the mandate of Frontex was considerably extended with a budget increase of 75% and a staff increase of 18%;
Amendment 4 #
2017/2164(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, as a result of the migration crisis, Frontex faced problems in absorbing additional Union funds granted throughout 2016, leading to considerable difficulties in complying with budgetary and financial rules; stresses the high level of cancelled carry-overs from 2015 for Title III (16 %) %); notes in this regard the overall budget utilisation rate of 95,3% for the 2015 appropriations; underlines that it originally allocated EUR 20 million from its 2016 budget for expenditure dedicated to ‘hotspots’ but; notes that the Agency has in the meantime alreadyso committed almost EUR 35 million for that purpose; p and the linked joints out that the Agency performed illicit “national returns” until October 2016, which resulted in irregular paymentsperational activities; acknowledges the Agency's 2016/36 Decision adopted by its Executive Director, which provided that it would be possible for joint return operations carried out by one single Member State facing disproportionate pressure to be financed from the Agency's budget; requests the Agency to significantlyalways improve its financial planning and budget management capabilities;
Amendment 9 #
2017/2164(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Criticises the irregular recruitment of 14 temporary staff at high AST grades; requests the Agency to strictly adhere to the Staff Regulations at all timenotes, however, the efforts made by the Agency to balance the geographical distribution of its recruitment of qualified candidates, keeping in mind the difficulties faced to recruit the right candidates for certain profiles; requests the Agency to strictly adhere to the Staff Regulations at all times; notes in this regard that the Staff Regulations offer the necessary flexibility for labour market conditions prevailing in the Union to be taken into account when recruiting officials in order to address the specific needs of the institutions; stresses that the Agency’s staff will more than double from 2016 to 2020; regrets, however, that the increase iwas not based on a thorough analysis in the legislative financial statement prepared by the Commission; requests the Agency to better justify its needs in the future based on accurate and verifiable information;
Amendment 15 #
2017/2164(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets that the majority of Frontex operational programmes lack quantitative objectives and specific target values for the joint operations; notes with concern that this, together with insufficient documentation from cooperating countries, might hamper the ex post evaluation of the effectiveness of joint operations in the long term; notes, however, that the Agency does list specific objectives and performance indicators in the individual operational plans drafted for internal use for joint operations; regrets that the actual impact of joint operations is therefore more difficult to assess; calls on the Agency to further set relevant strategic objectives for its activities and to establish an effective result-oriented monitoring and reporting system with relevant and measurable key performance indicators;
Amendment 17 #
2017/2164(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes with concern a significantthe absolute gender imbalance in the Agency’s Management Board; calls on Member States to ensure gender imbalance of 93% / 7% inwhen nominating their members for the Agency’'s mManagement bBoard; calls on the Agency to pro-actively remind Member States of the importance of gender balance.
Amendment 3 #
2017/2163(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the budget and the staff of CEPOL increased by about 22% in 2016; notes in that context that carry-overs of committed appropriations were a high for Title II (expenditure for support activities) at 140 055 euro, i.e. 30 % and mainly related to IT consulting and IT related goods and services ordered late in the year;
Amendment 4 #
2017/2163(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the high staff turnover of CEPOL after its relocation from the United Kingdom to Hungary; notrecognises that ithis is due to the difference in salary correction coefficients and the low recruitment grades; encourage takingnotes in this regard that the Staff Regulations offer the necessary flexibility for labour market conditions prevailing in the Union to be taken into account when recruiting officials in order to address the specific needs of the institutions; encourages CEPOL to take long term actions to stabilise staff turnover especially in the ICT area;
Amendment 5 #
2017/2163(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the outreach of CEPOL has significantly increased in 2016 with athe number of participants reaching 18, 009 compared to 12, 992 in 2015 (+38,6%); highlights the quality of CEPOL products, with 95% of participants being very satisfied or satisfied; welcomes that the certification of CEPOL according tois in accordance with the Quality Management System Standard ISO 9001:2015;
Amendment 7 #
2017/2163(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Agrees with theCEPOL's Management Board that CEPOLthe Agency has effectively delivered the expected products and services in accordance with its 2016 Work Programme;
Amendment 2 #
2017/2155(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the recommendation of the Court of Auditors of 2011 regarding re-the redefinition of respectivthe roles and responsibilities betweenof the Administrative Director and the College, to avoid the overlaps of responsibilities; regrets that no corrective measuracknowledges thas been taken by Eurojust since 2011 since the newt the Eurojust Regulation was still under considerationbeing negotiated by the co-legislator end of 2016s in 2016, thus no corrective measures could have been taken to solve this matter;
Amendment 5 #
2017/2155(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the strengthening of the Eurojust’s position ast the centre ofor judicial cooperation and coordination against cross- border crime and as a centre ofor judicial expertise within the Union; highlights the launch of the European Judicial Cybercrime Network; notes that Eurojust received requests for assistance in 2.306 cases (+4%), that it organised 249 coordination meetings on 288 cases and provided support to 148 joint investigation teams, including financial support to 90 of them (+32%); notes the publication of the fourth Eurojust report “Foreign Terrorist Fighters: Eurojust’s Views on the Phenomenon and the Criminal Justice Response” of December 2016;
Amendment 8 #
2017/2155(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges Eurojust toCalls on the European Commission to ensure the swift adoption of its guidelines on whistleblowing that will consequently be immediately adopted and effectively implemented by Union Agencies, including Eurojust; urges the Agency in the interim to further step up its efforts for finalisingto ensure clear internal rules onfor the protection of whistleblowers;.
Amendment 3 #
2017/2150(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets the Court’s finding that one of the Centre’s employees, acting as an Authorising Officer, was appointed to evaluation committees, took award decisions and signed contracts for two framework contracts despite the fact that this possibility was not explicitly authorised by his/ther delegation of powers fromgranted by the Authorising Officer; welcomes the commitment of the Centre to adjust the content of its delegation of powers accordingly and to put in place the adequateffective control measures to prevent such occurrences;
Amendment 4 #
2017/2150(DEC)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 8 #
2017/2150(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the Centre did not respect the ceiling of a framework contract, which was signed in 2012 with a maximum amount for signing specific contracts of EUR 250 000, as by the end of 2015 the total payments made under this contract amounted to EUR 382 181; calls on the Centre to improveensure the effectiveness of the procedure for monitoring framework contracts;
Amendment 11 #
2017/2150(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. EncouragWelcomes the commitment of the Centre to provide improved access to its data to interested third parties; expects that such a commitment has to result in actions taken in this regard.
Amendment 2 #
2017/2149(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Court of Auditors identified that formal delegations and sub- delegations from authorising officers were not always consistent with the corresponding authorisation rights for transactions in the Agency’s financial systems; notes the immediate correction of the error by the Agency but requests that it also put in place mechanisms to detect and fix such errors much more quickly; reminds the Agency to establish the necessary internal mechanisms to ensure that this does not happen again in the future;
Amendment 4 #
2017/2149(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that, as in 2015, carry-overs of committed appropriations were high for Title III (operating expenditure) at EUR 5,2 million, i.e. 68 %; acknowledges that this year, as in the previous year, this simply reflects the multi-annual nature of the Agency’s activities;
Amendment 5 #
2017/2149(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. RegretNotes that the Commission’s Internal Audit Service (IAS) did not carry out any audit in 2016; noterecalls, however, that previous audits concluded that the Agency’s internal control system provides a reasonable assurance as regards the achievement of the objectives of the processes audited and that all opened recommendations have been closed;
Amendment 8 #
2017/2149(DEC)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 12 #
2017/2149(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes with concern a significantthe gender imbalance, in particular in within the Agency, in particular when it comes to the senior management positions of; notes the Agency; urges the Agency to step up its efforts to correct this imbalance's policy of equal opportunity and diversity through its wide range of measures; urges the Agency to further correct this imbalance, which has improved following a reorganisation at the end of 2016, and to communicate the results in due time to the discharge authority.
Amendment 3 #
2017/2144(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the Court of Auditor annual report on the implementation of the EU Budget does not contain any remarks about the EDPS; regrets however that no EDPS transaction was selected for an audit by the Court of Auditors in 2016 and that therefore the legality and regularity of the underlying EDPS transactions was not examined by the Court; stresses that transparency is vital for the appropriate function of the Agency;
Amendment 5 #
2017/2144(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that in its Annual Internal Audit report for the 2016, published in the end of March 2017, the internal auditor (IAS) identified 5 important Internal Control Systems recommendations dated fromidentified in previous years and that werehad still opennot been addressed; notes with great surprise that some of thoese recommendations relate to information security and business continuity policies; urges therefore the EDPS EDPS, especially given the nature of its mission and tasks, to lead by example and close suchimmediately implement these outstanding recommendations without undue delay;
Amendment 8 #
2017/2144(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes efforts of the EDPS to help move forward the global debate on data protection and privacy; hHighlights the quality of the advisesce given to EU policy makers in relation to the adoption of the Umbrella agreement and the Privacy Shield as well as in relation to the preparation of the adoption of new rules for the EU institutions and for e-Privacy in 2017; acknowledges the EDPS efforts to prepare itself for ensuring the Secretariat of the new European Data Protection Board (EDPB) as part of the General Data Protection Regulation (GDPR); notes with interest the launch of the Ethics Advisory Group;
Amendment 11 #
2017/2144(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights that the GDPR and the Directive for data protection in the police and justice sectors shall be fully respected and implemented; aAcknowledges the intention of the Agency to keep GDPR as point of reference for its work;
Amendment 14 #
2017/2144(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the growing contribution of the EDPS to solutions driving innovation and enhancing privacy and data protection, especially by increasing transparency, user control and accountability in big data processing; calls for effective actions maximising benefits of new technologies ensuring full respect for all the fundamental rights;
Amendment 2 #
2017/2136(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the opinion of the European Court of Auditors on the 2016 accounts of the Union; highlights especially the further reduction of payment errors in 2016 to the all-time low of 3.1 % and notes that this is the first time that the Court issues a qualified opinion on payments since 1994; regrets howevernotes that the payment error rate for Heading 3 (Security and Citizenship) was not calculated by the Court as only 15 transactions have been auditeddue to the small sample size of audited transactions;
Amendment 5 #
2017/2136(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the overall amount mobilised for migration and asylumthe refugee and migration crisis was not reported by the Commission in 2016 and is difficult to estimate; encourages therefore the Commission to develop a coherent and comprehensivespecific reporting structure for that purpose; recalls its call on the Commission to split up budget lines in order to enhance transparencyis purpose;
Amendment 9 #
2017/2136(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Reminds that special instruments were used extensively in 2015, 2016 and 20176 to respond notably to the humanitarian situation faced by asylum- seekers in the EU and that there is therefore a risk that the amounts left until the end of the current MFF may not be sufficient to respond to unexpected events that may occur before 2020; requests the Commission to solve this structural issue in the next MFF;
Amendment 2 #
2017/2073(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas services account for 71% of the GDP and 68% of total employment, the full potential of the Single Market in services still remains unfulfilled;
Amendment 8 #
2017/2073(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas smart regulation can have positive effects on the European market and deregulation should therefore not be the overall aim;
Amendment 10 #
2017/2073(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Directive 2005/36/EC was amended in 2013, with the objective to achieve a proportionate regulatory framework, justified by general interests objectives, introducing in Article 59 a transparency and mutual evaluation exercise for all regulated professions in the Member States, whether they are regulated on the basis of national rules or on the basis of rules harmonised at EU level;
Amendment 13 #
2017/2073(INI)
Da. whereas Member States were required to submit national action plans (NAPs) to the Commission by 18 January 2016 with information on decisions on maintaining or amending professional regulations; whereas there are still 6 Member States that have not submitted their NAPs;
Amendment 25 #
2017/2073(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission initiative providing guidance for Member States in the context of the mutual evaluation exercise, including the organisation of in-depth discussions with national authorities;
Amendment 29 #
2017/2073(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that it will help Member States to exchange on best practices and better understand their regulatory choices taking into consideration the fact that some Member States foresee a higher level of state intervention in regulated professions than others;
Amendment 36 #
2017/2073(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that Member States have faced significant challenges in notifying information about the professions they regulate and the requirements for accessing those professions; calls on Member States and the Commission to significantly improve notification procedures;
Amendment 45 #
2017/2073(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that not all Member States have submitted a National Action Plan (NAP) as required by Directive 2005/36/EC and that the levels of depth and detail of the NAPs submitted differ; calls on those Member States that have not submitted their NAP yet to proceed without any due delay, as only with complete information from all Member States, the Commission can present a full picture on regulated professions at the EU level;
Amendment 100 #
2017/2073(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that the restrictiveness indicator only takes into account quantitative data and not qualitative data; states that the restrictiveness indicator can therefore only be seen as an indicative tool and does not permit to draw conclusions on the overall regulatory intensity in the Member States;
Amendment 103 #
2017/2073(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that the overall analysis of the impact of the regulations in Member States should be subject not only to a quantitative but also to a qualitative assessment encompassing the general interest objectives and the quality of the service provided;
Amendment 43 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) to ensure that the deepening of relations between the EU and Azerbaijan is undertaken on the basis of mutually agreed ambitions and theconditional on upholding of the core values and principles of democracy, the rule of law, good governance, respect for and good governance, as well as on providing solid legal guarantees in the areas of the rule of law, human rights and fundamental freedoms, in the interest of both parties and especially their citizens;
Amendment 64 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point d
Paragraph 1 – point d
(d) to ensure that the future agreement with Azerbaijan is ambitious, comprehensive and forward-looking, and will delivering tangible and concrete benefits not only for large companies but also for SMEs and for the citizens of the EU and of Azerbaijan; to include in the new agreement specific supervision and control mechanisms against money laundering schemes, fraud and corruption;
Amendment 81 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) to provide for regular and in-depth dialogue, notably on politicalpushing for solid reforms aimed at bolstering institutions, such as the judiciary in order to make them more democratic and independent, onwith a strong focus on the judiciary, upholding of human rights, and onprotecting investigative journalism, fostering a strong civil society and ensuring its involvement in the reform process; to include in the new agreement regular reporting mechanisms on the status of the above- mentioned reforms;
Amendment 148 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
(m) to provide support for reform of the judiciary aimed at ensuring its independence from the executive and at strengthening the rule of law, as well as developing a strong framework for the protection of human rights and gender equality; to make sure that strong legislation is in place for preventing and sanctioning politically exposed persons´ involvement in corruption, traffic of influence, money laundering, abuse of office and other related offences, particularly within the framework of the recent joint journalistic investigations revealing the involvement of a number of Azeri officials in such activities;
Amendment 1 #
2017/2044(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes note of the Draft Budget 2018 (DB 2018); regrets the reduction in both commitment appropriations (CA) and payment appropriations (PA) in Heading III compared to 2017; underlines that these decreases cannot be justified by the delays in implementation of the agreed measures; welcomes the top-up of Heading III by an additional EUR 817.1 million above its ceiling using the flexibility instrument; highlights that the proposed level of expenditure will be insufficient to cover the needs in light of the prevailing security threats and the continuous migratory pressure which has recently been increasing along the Central Mediterranean route and the evolution of which cannot be predicted;
Amendment 5 #
2017/2044(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that the large budget reduction (49,7 % in PA) for the Asylum, Migration and Integration Fund (AMIF) undermines the importance and urgency of the AMIF policy objectives; challenges the Commission’s assertions in DB 2018 that justify its proposed reduction in AMIF funding; stresses that security for those who seek protectionwelcomes the Commission proposal to reinforce frontline activities linked to migration and security, including the increase in the operational capacities for integration and improved cooperation on return/readmission with third countries, but stresses that the management of the migration flows in the Union should not be adversely affected by budgetary cuts;
Amendment 13 #
2017/2044(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to present an amending letter as soon as the legal bases related to the European Agenda on Migration, most notably the reform of Dublin, the Entry-Exit system, ETIAS and EASO, have been adopted, taking full account of their financial implications, in order to secure appropriate and swift funding for an effective European asylum and migration policy;
Amendment 16 #
2017/2044(BUD)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Reiterates the importance to make targeted funding available to tackle the root causes of the migration and refugee crisis; stresses, to this end, that the Union budget should finance measures in the countries of origin of migrants as well as in host countries of refugees, including, but not limited to measures addressing poverty, unemployment, education and economic opportunities, as well as instability, conflict and climate change;
Amendment 20 #
2017/2044(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets the significant budget reduction for the Internal Security Fund (ISF) (35,6 % in PA); stresses that in light of the continued security threat in the Union, ISF funding should be sufficient to aid Member States in dealing with threats to internal security; highlights the need to sufficiently fund efforts to improve information sharing and to fight cybercrime, especially cross-border organised and serious crime, terrorism and cybercrime; highlights the need to sufficiently fund efforts to improve police and judicial cooperation in security- related matters, including information sharing between Member States and enhanced interoperability of databases at European level;
Amendment 33 #
2017/2044(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the proposed increases in the DB 2018 for expenditure and establishment plans for all agencies in the area of Justice and Home Affairs classified as holding “new tasks”; regrets however that the increases proposed are lower than those requested by most agencies; stresses the importance of staff increases for eu-LISA and EuropolEuropol, Eurojust, eu-LISA and CEPOL as well as budgetary increases for Eurojust and Europol, especially in light of their increased workload and the upcoming adoption of legal bases for new databases and interoperability developments; welcomes the budget increase for the European Data Protection Supervisor in view of the implementation of the General Data Protection Regulation1 .; _________________ 1 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ( General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 41 #
2017/2044(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Points out that the Commission's proposal, for the third year in a row, does not leave any margin under the ceiling for Heading III, evidencing the outdated size of the smallest MFF heading, as argued by the European Parliament as part of the mid-term revision process.
Amendment 3 #
2017/2002(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission proposals for actions to reduce disparity in education and disadvantages throughout the lifetime of a person, but draws attention to a number of administrative ‘bottlenecks’ which are slowing progress in attaining those objectives in relation to mobility, recognition of qualifications, alternative pathways to the teaching profession qualifications and the social dimension;
Amendment 7 #
2017/2002(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that Europe is at the forefront of knowledge, innovation and competitiveness and is among the best in the world in providing balance among employment, social security and business, but there is still significant room for improvement; underlines the importance of the dual system in education in matching the skills of the youth with labour market demands, but stresses that it is essential to strengthen the European education and training systems in all European regions and to increase the number of talents, innovators and researchers; underlines that the development of STEAM and STEM skills should be enhanced in primary school and at an earlier stage, where relevant;
Amendment 12 #
2017/2002(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Underlines that continuous and sustained efforts are needed to attract, support and retain talent and excellence within the teaching profession by ensuring that teachers and trainers have an appropriate working environment and are themselves kept up to date with the latest developments and an open-minded approach to the technological and societal changes; recalls that the Commission is investing in the eTwinning platform which has been beneficial to the exchange of practices and knowledge among teachers and notes that further efforts need to be undertaken in order to attract talents to the profession, including from other professions;
Amendment 15 #
2017/2002(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls, to that end, for the systematic use of the Internal Market Information System (IMI) in order to ensure better administrative cooperation and simpler and faster procedures for the recognition of professional qualifications and continuous professional development requirements of qualified professionals planning to work in another Member State, and to prevent discrimination of all kinds and to ensure a more favorable ecosystem for cross- border workers; calls on the Commission to analyse the need for Member States to swiftly adjust their national qualification of professions towards the changing needs and new emerging professions;
Amendment 18 #
2017/2002(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. States that it is important to go beyond the immediate needs of the labour market and focus also on those aspects of education and training that are able to drive innovation, entrepreneurship and creativity, shape sectors, create jobs and new markets, empower people (including the most vulnerable), enrich democratic life, and develop engaged, talented and active citizens; underlines that the addition of volunteering, internships and trainings to every course is key;
Amendment 20 #
2017/2002(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes the Commission's initiative to invite Member States to develop digital skills strategies by mid- 2017; without prejudice to the national competences in education, calls on Member States and the Commission to strengthen the digital skills agenda at all relevant education levels in order to ensure that Europeans from all ages, including youth and the elderly, as well as teachers, are fully ready to accept the challenges and opportunities of the digital economy, including cloud computing, big data, e-platforms and the collaborative economy; considers that, in order to have citizens with the skills for the jobs of the future, we have to ensure that the people teaching those skills are trained and confident with those same skills; notes that the number of educational projects that aim at up skilling workers under the European Fund for Strategic Investments (EFSI) can be increased;
Amendment 21 #
2017/2002(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that closing the skills gap and mismatches in the labour market and promoting opportunities for social mobility, including for vocational training and apprenticeships, is essential to ensure sustainable growth and jobs creation, in particular for SMEs and crafts; underlines that in the increasingly interconnected, culturally diverse, globalised national economies, openness to diversity and understanding of different cultures and attitudes is essential for effective collaboration and innovation;
Amendment 24 #
2017/2002(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that, while targeting adults with lack of qualifications and skills, we should involve the industry and especially SMEs in providing and training people on these necessary skills for the business to be competitive and the people to feel self-confident; underlines that businesses, and especially SMEs, are the ones providing the jobs of the future and therefore it is essential that they are involved in the education process and in the creation of the training programmes and tools; underlines, furthermore, that it is key that the talents created correspond to the needs of the business sector for human capital and reflect the influence on the labour market through automatisation and robotics; notes that the European Pact for Youth is a successful project for boosting business- education partnerships for youth employability and inclusion which aims at offering more quality apprenticeships and entry level jobs through partnerships with educational and training providers;
Amendment 26 #
2017/2002(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Urges the Commission and Member States to analyse further possible tailor made approaches for different categories per regional and/or national specificities in partnership with the industry but also with national and regional parliaments, scientists, civil society stakeholders such as artistic and cultural organizations, NGOs, and citizens' platforms; stresses the need for an optimised EU platform for discussion and exchange of experiences between all these actors; states that for instance the EU Youth portal could be used in order to communicate more clearly on all EU programmes related to skills, education and youth, and to provide a space for the exchange of best practices in the different Member States; underlines that effective collaboration between Member States in the field of education is key;
Amendment 27 #
2017/2002(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Notes that more attention should be paid to better bridge the cooperation between businesses and especially SMEs and educational and state authorities at different levels within the MSs to estimate the labour market needs of the future; stresses that in this respect creation of clusters could be helpful;
Amendment 32 #
2017/2002(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to provide significant support for the development of digital abilities, functional literacy and global competency (tolerance for diversity), in all age groups, irrespective of employment status, as a first step towards the better alignment of labour market shortages and demand and ultimately – to a peaceful Europe; to that end, encourages the Commission to increase the funding under Horizon 2020, fostering inclusive, innovative and reflective European societies to get the elderly, the unemployed and poorly educated, migrants, people in need of care, people living in remote or poorer areas, persons with disabilities, and the homeless, regardless of their origin, gender and family status to fully participate in society, e-society and the labour market;
Amendment 40 #
2017/2002(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Commission to come forward with a methodology for the recognition of the new digital professions and to make provision for appropriate funding for the new educational framework for digital skills as well as to come forward with a methodology for assessment of students' and learners' adequate learning outcomes on the core new skills; .
Amendment 41 #
2017/2002(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to provide significant support and funding mechanisms within the agreed MFF to foster social entrepreneurship and social innovation ventures for better skills, quality and an inclusive education for all.
Amendment 43 #
2017/2002(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the Commission to pay particular attention to broadening the access to skills development, recognition and validation for people of disadvantaged or segregated background; considers that boosting the role and the function of local Commission's Information centres and partners in small segregated communities is vital to reach people in serious need of opportunities for skills development; calls on the Commission to ensure that the Key Competences Framework takes into consideration the needs of this group for access to education and training opportunities.
Amendment 45 #
2017/2002(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Underlines that the REFIT programme is one of the successful tools to create and maintain more efficient and less bureaucratic regulatory framework, capable to help and setting up and developing companies and fostering their development.
Amendment 29 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 1 – indent 3 a (new)
Paragraph 1 – indent 3 a (new)
- the functioning of a free and independent media;
Amendment 39 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expresses its deep concern that, despite three hearings of Poland having been held in the Council, multiple exchanges of views in the Civil Liberties, Justice and Home Affairs Committee of the European Parliament, alarming reports by the United Nations, the Organisation for Security and Cooperation in Europe (OSCE) and the Council of Europe, and four infringements procedures launched by the Commission, the rule of law situation in Poland has not only not been addressed but has seriously deteriorated since the triggering of Article 7(1) TEU;
Amendment 68 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Denounces that, during the COVID-19 outbreak, but not linked with the COVID-19 outbreak, legislation is being debated or even rushed through in Parliament in very sensitive areas such as abortion, sexual education, the organisation of elections or the term of office of the President, the latter even requiring a change to the Constitution; underlines that this could amount to abuse of the fact that citizens cannot organise or protest publicly, which would seriously undermine the legitimacy of the legislation adopted;
Amendment 73 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern that the OSCE concluded that media bias and intolerant rhetoric in the campaign for the October 2019 parliamentary elections were of significant concern20 and that, while all candidates were able to campaign freely, senior state officials used publicly funded events for campaign messaging; notes, furthermore, that the dominance of the ruling party in public media further amplified its advantage21 ; _________________ 20OSCE/ODIHR, Statement of Preliminary Findings and Conclusions after its Limited Election Observation Mission, 14 October 2019. 21OSCE/ODIHR, Limited Election Observation Mission Final Report on the parliamentary elections of 13 October 2019, Warsaw, 14 February 2020.
Amendment 77 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that the new Chamber of Extraordinary Control and Public Matters of the Supreme Court (hereinafter the ‘Extraordinary Chamber’), which is composed in majority of judges nominated by the new National Council of the Judiciary (NCJ) and risks not to qualify as independent tribunal in the assessment of the CJEU, is to ascertain the validity of general and local elections and to examine electoral disputes; this raises serious concerns as regards the separation of powers and the functioning of Polish democracy, in that it makes judicial review of electoral disputes particularly vulnerable to political influence22 ; _________________ 22Venice Commission, Opinion of 8-9 December 2017, CDL-AD(2017)031, para. 43; Third Commission Recommendation (EU) 2017/1520 of 26 July 2017, para. 135.
Amendment 83 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 93 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, already in 2017, changes in the method of nomination of candidates to the position of the First President of the Supreme Court deprived the participation of the Supreme Court judges in the selection procedure of any meaningful effect and put the decision in the hands of the President of the Republic; denounces that recent amendments to the act on the Supreme Court even further reduce the participation of the judges in the process of selection of the First President of the Supreme Court by introducing a position of First President ad interim appointed by the President of the Republic and by reducing the quorum in the third round to 32 out of 1205 judges only, thereby effectively abandoning the model of power-sharing between the President and the judicial community enshrined in Article 183(3) of the Polish Constitution26 ; _________________ 26Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, CDL-PI(2020)002, paras 51-55. (The number of judges of the Supreme Court has been increased from 120 to 125 by virtue of the Ordinance of the President of the Republic of Poland of 3 June 2019, amending the relevant Regulation of the Supreme Court.)
Amendment 94 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that upon conclusion of the term in office of the First President of the Supreme Court in April 2020, the President of Poland nominated as subsequent Acting First President of the Supreme Court a judge whose independence and impartiality could be put into question; notes that the above- mentioned Acting President, as well as his successor, also nominated as Judge of the Supreme Court by the new NCJ, were responsible for organising the election of candidates for the next First President of the Supreme Court by the General Assembly of the Supreme Court;
Amendment 95 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Is deeply concerned that the process of electing the candidates did not conform to the rules of procedure of the Supreme Court and violated basic standards of deliberation among the members of the General Assembly; further states its concern about reports of attempts by the Acting Presidents to inhibit dialogue among the judges who participated in the election and about alleged attempts to manipulate the vote in the General Assembly;
Amendment 96 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Notes with regret that doubts concerning the validity of the election process in the General Assembly as well as the impartiality and independence of the Acting Presidents during the election process could undermine the legitimacy of the new First President of the Supreme Court nominated by the President of Poland on 25 May 2020, and could thus put into question the independence of the Supreme Court;
Amendment 97 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16d. Regrets that on 25 May 2020, the President of Poland nominated the new First President of the Supreme Court, although the General Assembly of the Supreme Court had not yet officially submitted a list of candidates to the President, as required by Article 183 of the Polish Constitution, which further undermines the separation of powers and negatively affects the legitimacy of the new First President of the Supreme Court; recalls that a similar violation of law by the President of Poland occurred when nominating the President of the Constitutional Tribunal;
Amendment 103 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that, in 20178, two new chambers within the Supreme Court were created, namely the Disciplinary Chamber and the Extraordinary Chamber, which were staffed with newly appointed judges selected by the new NCJ and entrusted with special powers – including the power of the Extraordinary Chamber to quash final judgments taken by lower courts or by the Supreme Court itself by way of extraordinary review, and the power of the Disciplinary Chamber to discipline other (Supreme Court) judges, creating de facto a “Supreme Court within the Supreme Court”;30 _________________ 30OSCE-ODIHR, Opinion of 13 November 2017, p. 7-20; Venice Commission, Opinion of 8-9 December 2017, para. 43; Recommendation (EU) 2018/103, para. 25; GRECO, Addendum to the Fourth Round Evaluation Report on Poland (Rule 34) of 18-22 June 2018, para. 31; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 8. (The new Act on Supreme Court was adopted in December 2017, however, from an organisational standpoint, both the new chambers were created and began to adjudicate at the end of 2018. The first nominations for judges in the newly- created chamber of the Supreme Court were delivered by President Duda on September 20th 2018 and October 10th 2018.)
Amendment 119 #
2017/0360R(NLE)
Motion for a resolution
Subheading 11
Subheading 11
The rules governing the organisation of the ordinary courts and, the appointment of courts presidents and the retirement regime for judges of the ordinary courts
Amendment 121 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Regrets that the Minister of Justice, who is, in the Polish system, also the Prosecutor General, obtained the power to appoint and dismiss court presidents of the lower courts at his discretion during a transitional period of six months, and that in 2017-2018 the Minister of Justice replaced over aone hundred and fifty court presidents and vice-presidents; notes that, after this period, removal of court presidents remained in the hands of the Minister of Justice, with virtually no effective checks attached to this power; notes, furthermore, that the Minister of Justice also obtained other “disciplinary” powers vis-à-vis court presidents, and presidents of higher courts, who in turn, now have large administrative powers vis- à-vis presidents of lower courts36 ; regrets this major setback for the rule of law and judicial independence in Poland37 ; _________________ 36Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 45. 37See also Council of Europe, Bureau of the Consultative Council of European Judges (CCJE-BU), CCJE- BU(2018)6REV, 18 June 2018. (The total number of Presidents and Vice- Presidents of the courts who have been expelled on the basis of the provisions cited is 158 - according to data officially provided by the Ministry of Justice upon the request by the Polish Judges’ Association ‘Iustitia’.)
Amendment 123 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Recalls that the CJEU found in its judgement of 5 November 201938a that the provisions of the Polish law amending the law on the organisation of the ordinary courts, which lowered the retirement age of judges of the ordinary courts, whilst allowing the Minister of Justice to decide on the prolongation of their active service, and which set a different retirement age depending on their gender, are contrary to Union law; _________________ 38aJudgment of the Court of Justice of 5 November 2019, Commission v Poland, C- 192/18, ECLI:EU:C:2019:924.
Amendment 132 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Recalls that the CJEU found in its judgement of 5 November 201943a that lowering the retirement age of public prosecutors is contrary to Union law because it establishes a different retirement age for men and women who are public prosecutors in Poland; _________________ 43aJudgment of the Court of Justice of 5 November 2019, Commission v Poland, C- 192/18 ECLI:EU:C:2019:924.
Amendment 146 #
2017/0360R(NLE)
Motion for a resolution
Subheading 17
Subheading 17
Amendment 154 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Is deeply concerned by the excessive use of libel cases by some politicians against journalists, including by sentencing with criminal fines and suspension from exercising the profession of journalist; fears for a chilling effect on the profession and independence of journalists and media46 ; calls on the Commission to propose an Anti-SLAPP (strategic lawsuit against public participation) Directive that will protect the media from vexatious lawsuits in the Union that are intended to silence, intimidate or bankrupt them; _________________ 46Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, 2020 Annual Report, March 2020, p. 42.
Amendment 156 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Is concerned about reported cases of detention of journalists for doing their job when reporting on anti-lockdown protests;
Amendment 157 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37b. Is concerned by the actions carried out by the Polish authorities in recent years, including a re-shaping of the public broadcaster into a pro-government broadcaster, hindering public media and their governing bodies of independent or dissenting voices and exercising control over the broadcasting content, the latest example involving the Polish public Radio Three (known as Troika), which was accused of censoring an anti-government song that topped the charts, with the internet links and news about the song disabled on the station’s website shortly after the chart show was broadcast; notes with regret that since 2015 Poland has fallen in the World Press Freedom Index from 18th to 62nd place; recalls that Article 11 of the EU Charter of Fundamental Rights states that the freedom and pluralism of the media shall be respected; recalls that Article 54 of the Polish Constitution guarantees freedom of expression and forbids censorship;
Amendment 171 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls on the Polish authorities to modify the act of 15 September 2017 on the National Institute for Freedom - Centre for the Development of Civil Society49 , in order to ensure access to state funding for critical civil society groups at all levels, and a fair, impartial and transparent distribution of public funds to civil society, in a continually shrinking space for it to operate, and ensuringe pluralistic representation; calls for the rapid adoption of the Rights and Values Programme with adequate funding for the Union values strand; _________________ 49OSCE/ODIHR, Opinion on the Draft Act of Poland on the National Freedom Institute - Centre for the Development of Civil Society, Warsaw, 22 August 2017.
Amendment 175 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Is deeply concerned about the transmission of personal data from the Universal Electronic System for Registration of the Population (PESEL register) by the Ministry of Digital Affairs of Poland to the operator of the postal services on 22 April 2020, aimed at facilitating the organisation of the presidential election on 10 May 2020 via postal ballot, despite the lack of a proper legal basis, as the bill allowing for an all- postal election was not adopted by the Polish Parliament until 7 May 2020; notes furthermore that the PESEL register is not identical to the voters register and includes also personal data of citizens of other EU Member States, thus the above-mentioned transfer could constitute a potential breach of the Regulation (EU) 2016/679; recalls that the European Data Protection Board (EDPB) discussed this matter during its meeting on 5 May 2020 and underlined in its subsequent statement that public authorities may disclose information on individuals included in electoral lists, but only when this is specifically authorised by Member State law;
Amendment 186 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Reiterates its deep concern expressed in its resolution of 14 November 2019, also shared by the Council of Europe Commissioner for Human Rights51 , over the original text of the draft law amending Article 200b of the Polish Penal Code, submitted to the Sejm by the ‘Stop Paedophilia’ initiative, for its extremely vague, broad and disproportionate provisions, which de facto seeks to criminalise the dissemination of sexual education to minors and whose scope potentially threatens all persons, in particular parents, teachers and sex educators, with up to three years in prison for teaching about human sexuality, health and intimate relations; stresses the importance of health and sexual education; _________________ 51Council of Europe Commissioner for Human Rights, Statement of 14 April 2020.
Amendment 190 #
2017/0360R(NLE)
Motion for a resolution
Subheading 22
Subheading 22
Amendment 196 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 43
Paragraph 43
Amendment 207 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 44
Paragraph 44
Amendment 216 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Reiterates its call on the Polish government to take appropriate action on and strongly condemn any xenophobic and fascist hate crime or hate speech53 ; _________________ 53EP Resolution of 15 November 2017, para. 18; PACE, Resolution 2316 (2020) of 28 January 2020 on the functioning of democratic institutions in Poland, para. 14; UN Human Rights Committee (HRC), Concluding observations on the seventh periodic report of Poland, 23 November 2016, CCPR/C/POL/CO/7, paras 15-18.
Amendment 230 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and recalled on the Commission to strongly condemn such public discrimins the condemnation of such actions by the Commission as well as international organisations;
Amendment 238 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls on the Polish government to comply with all provisions relating to the rule of law and fundamental rights enshrined in the Treaties, the Charter of Fundamental Rights, the ECHR and international human rights standards, and to engage directly in dialogue with the Commission; stresses that such a dialogue needs to be conducted in an impartial, evidence-based and cooperative manner while also respecting the competences of the Union and its Member States as enshrined in the Treaties, and the principle of subsidiarity; calls on the Polish government to cooperate with the Commission pursuant to the principle of sincere cooperation as set out in the Treaty; calls on the Polish government to swiftly implement the rulings of the CJEU and to respect the primacy of Union law;
Amendment 253 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as budgetary toolsexplore whether there are budgetary tools that can be introduced in this regard as a last resort; calls on the Commission to continue to keep Parliament regularly informed and closely involved;
Amendment 24 #
2017/0225(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Increased digitisation and connectivity lead to increased cybersecurity risks, thus making society at large more vulnerable to cyber threats and exacerbating dangers faced by individuals, including vulnerable persons such as children. Moreover, the increasingly frequent conduct of malicious cyber operations by third-country actors, both non-state actors and governments, threatens to disrupt democratic processes and to destabilize democratic societies across Europe. In order to mitigate thisese risks to society, all necessary actions need to be taken to improve cybersecurity in the EU to better protect network and information systems, telecommunication networks, digital products, services and devices used by citizens, governments and business – from SMEs to operators of critical infrastructures – from cyber threats.
Amendment 42 #
2017/0225(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations. To improve the overall level of preparedness and resilience, the Agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents, and by compiling reports with a view to providing guidance to businesses and, citizens and improving the overall level of preparedness and resiliencerelevant authorities at European and national level. The Agency should furthermore organise, in cooperation with the Member States and the Union institutions, bodies, offices and agencies regular outreach and public education campaigns directed to end-users, aiming at. These campaigns should promotinge safer individual online behaviour and raisinge awareness of potential threats in cyberspace, including cybercrimes such as phishing attacks, botnets, financial and banking fraud, as well as promoting basic authentication and data protection adviceforgery and illegal content, as well as advocate data protection and basic authentication to prevent data and identity theft. The Agency should play a central role in accelerating end-user awareness on security of devices.
Amendment 44 #
2017/0225(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) The Agency should raise the awareness of the public about risks of data fraud incidents and thefts that may seriously affect the fundamental rights of individuals, pose threat to the rule of law and endanger the stability of democratic societies including democratic processes in the Member States.
Amendment 48 #
2017/0225(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The Agency should encourage Member States and, hardware and software producers as well as service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity. In particular, service providers and product manufacturers should withdraw or recyclensure that the products and services that do nothey place on the market meet cybersecurity standards. In cooperation with competent authorities, ENISA may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market, and issue warnings targeting providers and manufacturers and requiring them to improve the security, including cybersecurity, of their products and services.
Amendment 49 #
2017/0225(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Cybersecurity problemthreats are a global issues. There is a need for cchallenge. Closer international cooperation to improveis needed to mitigate these threats, in particular as regards information sharing and the development of common security standards, including the definition of common norms of behaviour, and information sharing, promoting swifter international collaboration in response to, as well as a common global approach to, network and information security issues. Furthermore, international collaboration in response to network and information security issues should be accelerated and a global approach on these issues promoted. To that end, the Agency should support further Union involvement and cooperation with third countries and international organisations by providing, where appropriate, the necessary expertise and analysis to the relevant Union institutions, bodies, offices and agencies..
Amendment 54 #
2017/0225(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) The purpose of European cybersecurity certification schemes should be to ensure that ICT products and services certified under such a scheme comply with specified requirements. Such requirements concern the ability to resist, at a given level of assurance, actions that aim to compromise the availability, authenticity, integrity and confidentiality of stored or transmitted or processed data or the related functions of or services offered by, or accessible via those products, processes, services and systems within the meaning of this Regulation. It is not possible to set out in detail in this Regulation the cybersecurity requirements relating to all ICT products and services. ICT products and services and related cybersecurity needs are so diverse, as is their lifecycle, that it is very difficult to come up with general cybersecurity requirements valid across the board. It is, therefore necessary to adopt a broad and general notion of cybersecurity for the purpose of certification, complemented by a set of specific cybersecurity objectives that need to be taken into account when designing European cybersecurity certification schemes. The modalities with which such objectives will be achieved in specific ICT products and services should then be further specified in detail at the level of the individual certification scheme adopted by the Commission, for example by reference to standards or technical specifications in close consultation with the Member States and industrial stakeholders, for example by reference to standards or technical specifications. The individual certification schemes should be designed in such a way that all actors involved in the development of relevant IT products and services are encouraged to develop and adopt standards, norms and principles which ensure the highest possible level of security throughout the lifecycle.
Amendment 63 #
2017/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘cyber threat’ means any potential circumstance, capability or event that may adversely impact network and information systems, their users and affected persons.
Amendment 71 #
2017/0225(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Agency shall promote the use of certification, including by contributing to the development of European and international standards on cybersecurity, the establishment and maintenance of a cybersecurity certification framework at Union level in accordance with Title III of this Regulation, with a view to increasing transparency of cybersecurity assurance of ICT products and services and thus strengthen trust in the digital internal market.
Amendment 83 #
2017/0225(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Conformity assessment is the process demonstrating whether specified requirements relating to a product, process, service, system, person or body have been fulfilled. For the purposes of this Regulation, certification should be considered as a type of conformity assessment regarding the cybersecurity features of a product, process, service, system, or a combination of those (“ICT hardware and software products and services”) by an independent third party, other than the product manufacturer or servrough a strict procedure of self- declaration of conformity as outlined in Article 2(16a), Article 46, Article provider50 and Article 51 of this Regulation. Certification cannot guarantee per se that certified ICT products and services are cyber secure. It is rather a procedure and technical methodology to attest that ICT hardware and software products and services have been tested and that they comply with certain cybersecurity requirements laid down elsewhere, for example as specified in technical standards.
Amendment 84 #
2017/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point 1
Article 8 – paragraph 1 – point a – point 1
(1) preparing candidate European cybersecurity certification schemes for ICT products and services in cooperation with industry in accordance with Article 44 of this Regulation;
Amendment 86 #
2017/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) pool, organise and make available to the public, through a dedicated portal, information on cybersecurity, provided by the Union institutions, agencies and bodies and made available by Member States and public and private stakeholders;
Amendment 87 #
2017/0225(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In the 2016 Communication “Strengthening Europe’s Cyber Resilience System and Fostering a Competitive and Innovative Cybersecurity Industry”, the Commission outlined the need for high- quality, affordable and interoperable cybersecurity products and solutions. The supply of ICT hardware and software products and services within the single market remains very fragmented geographically. This is because the cybersecurity industry in Europe has developed largely on the basis of national governmental demand. In addition, the lack of interoperable solutions (technical standards), practices and EU-wide mechanisms of certification are among the other gaps affecting the single market in cybersecurity. On the one hand, this makes it difficult for European companies to compete at national, European and global level. On the other, it reduces the choice of viable and usable cybersecurity technologies that individuals and enterprises have access to. Similarly, in the Mid-Term Review on the implementation of the Digital Single Market Strategy, the Commission highlighted the need for safe connected products and systems, and indicated that the creation of a European ICT security framework setting rules on how to organise ICT security certification in the Union could both preserve trust in the internet and tackle the current fragmentation of the cybersecurity market.
Amendment 88 #
2017/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e a (new)
Article 9 – paragraph 1 – point e a (new)
Amendment 89 #
2017/0225(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Currently, the cybersecurity certification of ICT products and services is used only to a limited extent. When it exists, it mostly occurs at Member State level or in the framework of industry driven schemes. In this context, a certificate issued by one national cybersecurity authority is not in principle recognised by other Member States. Companies thus may have to certify their products and services in several Member States where they operate, for example with a view to participating in national procurement procedures. Moreover, while new schemes are emerging, there seems to be no coherent and holistic approach with regard to horizontal cybersecurity issues, for instance in the field of the Internet of Things. Existing schemes present significant shortcomings and differences in terms of product coverage, levels of risk- based assurance, substantive criteria and actual utilisation.
Amendment 89 #
2017/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
(g) organise, in cooperation with the Member States and Union institutions, bodies, offices and agencie, agencies and other relevant stakeholders regular outreach campaigns to increase cybersecurity and its visibility in the Union.
Amendment 91 #
2017/0225(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In view of the above, it is necessary to establish a European cybersecurity certification framework laying down the main horizontal requirements for European cybersecurity certification schemes to be developed and allowing certificates for ICT hardware and software products and services to be recognised and used in all Member States. The European framework should have a twofold purpose: on the one hand, it should help increase trust in ICT hardware and software products and services that have been certified according to such schemes. On the other hand, it should avoid the multiplication of conflicting or overlapping national cybersecurity certifications and thus reduce costs for undertakings operating in the digital single market. The schemes should be non-discriminatory and based on international and / or Union standards, unless those standards are ineffective or inappropriate to fulfil the EU’s legitimate objectives in that regard.
Amendment 94 #
2017/0225(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) The Commission should be empowered to adopt European cybersecurity certification schemes concerning specific groups of ICT hardware and software products and services. These schemes should be implemented and supervised by national certification supervisory authorities and certificates issued within these schemes should be valid and recognised throughout the Union. Certification schemes operated by the industry or other private organisations should fall outside the scope of the Regulation. However, the bodies operating such schemes may propose to the Commission to consider such schemes as a basis for approving them as a European scheme.
Amendment 97 #
2017/0225(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) The purpose of European cybersecurity certification schemes should be to ensure that ICT hardware and software products and services certified under such a scheme comply with specified requirements. Such requirements concern the ability to resist, at a given level of assurance, actions that aim to compromise the availability, authenticity, integrity and confidentiality of stored or transmitted or processed data or the related functions of or services offered by, or accessible via those products, processes, services and systems within the meaning of this Regulation. It is not possible to set out in detail in this Regulation the cybersecurity requirements relating to all ICT hardware and software products and services. ICT hardware and software products and services and related cybersecurity needs are so diverse that it is very difficult to come up with general cybersecurity requirements valid across the board. It is, therefore necessary to adopt a broad and general notion of cybersecurity for the purpose of certification, complemented by a set of specific cybersecurity objectives that need to be taken into account when designing European cybersecurity certification schemes. This shall be done by means of a checklist listing the risks that the ICT hardware or software product or service is expected to face by a given category of users in a particular environment. The modalities with which such objectives will be achieved in specific ICT hardware and software products and services should then be further specified in detail at the level of the individual certification scheme adopted by the Commission, for example by reference to standards or technical specifications.
Amendment 99 #
2017/0225(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Court of Auditors shall have the power of audit, on the basis of documents and on the spot inspections, over all grant beneficiaries, contractors and subcontractors who have received Union funds from the Agency.
Amendment 108 #
2017/0225(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The Commission should be empowered to request ENISA to prepare candidate schemes for specific ICT products or services. The Commission, based on the candidate scheme proposed by ENISA, should then be empowered to adopt the European cybersecurity certification scheme by means of implementing acts. Taking account of the general purpose and security objectives identified in this Regulation, European cybersecurity certification schemes adopted by the Commission should specify a minimum set of elements concerning the subject-matter, the scope and functioning of the individual scheme. These should include among others the scope and object of the cybersecurity certification, including the categories of ICT hardware and software products and services covered, the detailed specification of the cybersecurity requirements, for example by reference to standards or technical specifications, the specific evaluation criteria and evaluation methods, as well as the intended level of risk-based assurance: basicelemental, substantial and/or high.
Amendment 119 #
2017/0225(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Recourse to European cybersecurity certification should remain voluntary, unless otherwise provided in Union or national legislation. However, with a view to achieving the objectives of this Regulation and avoiding the fragmentation of the internal market, national cybersecurity certification schemes or procedures for the ICT products and services covered by a European cybersecurity certification scheme should cease to produce effects from the date established by the Commission by means of the implementing act. Moreover, Member States should not introduce new national certification schemes providing cybersecurity certification schemes for ICT hardware and software products and services already covered by an existing European cybersecurity certification scheme.
Amendment 120 #
2017/0225(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Once a European cybersecurity certification scheme is adopted, manufacturers of ICT hardware and software products or providers of ICT services should be able to submit an application for certification of their products or services to a conformity assessment body of their choice. These manufacturers may also decide to self- declare conformity with the relevant European cybersecurity certification scheme and shall be subject to scrutiny by the national certification supervisory authority, which, in turn will report the results of these assessments to the European Cybersecurity Certification Group and to ENISA. Conformity assessment bodies should be accredited by an accreditation body if they comply with certain specified requirements set out in this Regulation. Accreditation should be issued for a maximum of five yearsperiod determined in the relevant European cybersecurity certification scheme and may be renewed on the same conditions provided that the conformity assessment body meets the requirements. Accreditation bodies should revoke an accreditation of a conformity assessment body where the conditions for the accreditation are not, or are no longer, met or where actions taken by a conformity assessment body infringe this Regulation.
Amendment 124 #
2017/0225(COD)
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
Amendment 125 #
2017/0225(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) It is necessary to require all Member States to designate one cybersecurity certification supervisory authority to supervise compliance of conformity assessment bodies and of certificates issued by conformity assessment bodies established in their territory with the requirements of this Regulation and of the relevant cybersecurity certification schemes. National certification supervisory authorities should handle complaints lodged by natural or legal persons in relation to certificates issued by conformity assessment bodies established in their territories, investigate to the extent appropriate the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable time period. Moreover, they should cooperate with other national certification supervisory authorities or other public authority, including by sharing information on possible non-compliance of ICT hardware and software products and services with the requirements of this Regulation or specific cybersecurity schemes. Furthermore, they should supervise and verify the compliance of the self-declarations of conformity and that European cybersecurity certificates have been issued by conformity assessment bodies with the requirements set out in this Regulation including the rules adopted by the European Cybersecurity Certification Group and the requirements set out in the corresponding European cybersecurity certification scheme.
Amendment 135 #
2017/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘European cybersecurity certification scheme’ means the comprehensive set of rules, technical requirements, standards and procedures defined at Union level applying to the certification of Information and Communication Technology (ICT) hardware and software products and services falling under the scope of that specific scheme;
Amendment 143 #
2017/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16a) ‘self-declaration of conformity’ means the statement by the manufacturer that attests their ICT product or service conforms with the specified European cybersecurity certification schemes.
Amendment 224 #
2017/0225(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
A European cybersecurity certification scheme shall attest that the ICT hardware and software products and services that have been certified in accordance with such scheme comply with specified requirements as regards their ability to resist at a given level of risk-based assurance, actions that aim to compromise the availability, authenticity, integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by, or accessible via, those products,hardware and software products, development and maintenance processes, services and systems.
Amendment 235 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders and closely cooperate with the Group in defining the security objectives of the candidate certification scheme in line with Article 45, which will lead to the compilation of a checklist of risks and corresponding cybersecurity features. The Group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary.
Amendment 243 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. ENISA shall coordinate the compilation of a checklist of risks associated with the hardware or software of the ICT product or service. The risks shall be matched with corresponding cybersecurity features to be included in the candidate European cybersecurity certification scheme.
Amendment 247 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2 b (new)
Article 44 – paragraph 2 b (new)
2b. The checklist prepared shall draw from Member States’ experience in designing and implementing cybersecurity certificates within their jurisdictions. A list of expected risks will be drawn up, analysed and depending on an assessment of the risk environment that the ICT software or hardware product or ICT service will eventually operate in as well as the expected end user.
Amendment 254 #
2017/0225(COD)
4. The Commission, based on the candidate scheme proposed by ENISA, may adopt implementing acts, in accordance with Article 55(1), providing for European cybersecurity certification schemes for ICT hardware and software products and services meeting the requirements of Articles 45, 46 and 47 of this Regulation.
Amendment 255 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. ENISA shall maintain a dedicated website providing information on, and publicity of, European cybersecurity certification schemes as well as candidate cybersecurity certification schemes in preparation.
Amendment 258 #
2017/0225(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
A European cybersecurity certification scheme shall be so designed to take into account, as applicable, the following non- exhaustive list of security objectives:
Amendment 272 #
2017/0225(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point g
Article 45 – paragraph 1 – point g
(g) ensure that ICT hardware and software products and services are provided with up to date software that does not contain known vulnerabilities, and are provided with mechanisms for secure software updates.
Amendment 276 #
2017/0225(COD)
Proposal for a regulation
Article 46 – title
Article 46 – title
Risk-Based Assurance levels of European cybersecurity certification schemes
Amendment 284 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. A European cybersecurity certification scheme may specify one or more of the following assurance levels: basicelemental, substantial and/or high, for ICT hardware and software products and services issued under that scheme.
Amendment 287 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. A European cybersecurity certification scheme shall specify whether self-declaration of conformity is permissible or third party assessment strictly required.
Amendment 291 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
2. The risk-based assurance levels basicelemental, substantial and high shall meet the following criteria respectively:
Amendment 297 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) risk-based assurance level basicelemental shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a limitedn essential minimum degree of confidence and security in the event of common cyber-security threats faced by predominantly consumer products in the claimed or asserted cybersecurity qualities of an ICT product or service, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease the risk of cybersecurity incidents;
Amendment 302 #
2017/0225(COD)
(b) risk-based assurance level substantial shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a substantial degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls that are generally used at industry level, the purpose of which is to decrease substantially the risk of cybersecurity incidents;
Amendment 309 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c
Article 46 – paragraph 2 – point c
(c) risk-based assurance level high shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a higher degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service than certificates with the assurance level substantial, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls that are generally used at industrial level, the purpose of which is to prevent cybersecurity incidents.
Amendment 311 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 a (new)
Article 46 – paragraph 2 a (new)
2a. The risk-based assurance level for a candidate European cybersecurity certification scheme shall be identified on the basis of the risks identified in the checklist established in Article 44(2) and the availability of cybersecurity measures to counter those risks in the ICT hardware and software products and services to which the certification scheme applies.
Amendment 313 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 b (new)
Article 46 – paragraph 2 b (new)
Amendment 317 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. A European cybersecurity certification scheme shall include at least the following elements:
Amendment 320 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
(a) subject-matter and scope of the certification, including the type or categories of ICT hardware and software products and services covered;
Amendment 322 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(b) detailed specification of the cybersecurity requirements against which the specific ICT hardware and software products and services are evaluated, for example by reference to Union or international standards or technical specifications;
Amendment 327 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) where applicable, one or more risk- based assurance levels;
Amendment 329 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c a (new)
Article 47 – paragraph 1 – point c a (new)
(ca) the applicable conformity assessment procedure and/or self- declaration of conformity
Amendment 330 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c b (new)
Article 47 – paragraph 1 – point c b (new)
(cb) certification requirements defined in a way that certification can be incorporated into or based on the producer’s systematic cybersecurity processes followed during the design, development and lifecycle of the ICT product or service;
Amendment 333 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point f
Article 47 – paragraph 1 – point f
(f) where the scheme provides for marks or labels, such an EU Cybersecurity Conformity Label signifying that the ICT product or service conforms to the criteria of a European cybersecurity certificate scheme, the conditions under which such marks or labels may be used;
Amendment 342 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point i
Article 47 – paragraph 1 – point i
(i) rules concerning the consequences of non-conformity of certified ICT hardware and software products and services with the certification requirements, including general information about the penalties to be incurred as laid down in Article 54 of this Regulation;
Amendment 343 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point j
Article 47 – paragraph 1 – point j
(j) rulesthe requirement that an ICT hardware or software product trader or service provider has procedures and rules in place concerning how previously undetected cybersecurity vulnerabilities in ICT hardware and software products and services are to be reported and dealt with;
Amendment 350 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point l
Article 47 – paragraph 1 – point l
(l) identification of national cybersecurity certification schemes or industry-led methods covering the same type or categories of ICT hardware and software products and services;
Amendment 359 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point m a (new)
Article 47 – paragraph 1 – point m a (new)
(ma) the period of validity of the certificate
Amendment 368 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. ICT hardware and software products and services that have been certified under a European cybersecurity certification scheme adopted pursuant to Article 44 shall be presumed to be compliant with the requirements of such scheme.
Amendment 377 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. A European cybersecurity certificate pursuant to this Article shall be issued either by self-declaration of conformity or by the conformity assessment bodies referred to in Article 51 on the basis of criteria included in the European cybersecurity certification scheme, adopted pursuant to Article 44.
Amendment 383 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. Certificates shall be issued and shall remain valid for a maximum period defined in each cybersecurity certification scheme according to Article 47(1)(n) and depending on the risk environment, the hardware and/or software product or services’ expected uses for a maximum period of three years and may be renewed, under the same conditions, provided that the relevant requirements continue to be met.
Amendment 386 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 6 a (new)
Article 48 – paragraph 6 a (new)
6a. A European cybersecurity certification scheme shall remain valid for all new versions, patches, fixes, updates, etc. issued by the ICT hardware or software product or service trader and/or manufacturer to address security vulnerabilities that have been addressed through the trader and/or manufacturer’s procedures as defined under Article 47(1)(j).
Amendment 409 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point a
Article 50 – paragraph 6 – point a
(a) monitor and enforce the application of the provisions under this Title at national level and supervise and verify the compliance of the self-declarations of conformity and the cybersecurity certificates that have been issued by conformity assessment bodies established in their respective territories with the requirements set out in this Title and in the corresponding European cybersecurity certification scheme in accordance with the rules adopted by the European Cybersecurity Certification Group pursuant to Article 53(3)(ba);
Amendment 411 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point b
Article 50 – paragraph 6 – point b
(b) monitor and, supervise and assess the activities of conformity assessment bodies for the purpose of this Regulation, including in relation to the notification of conformity assessment bodies and the related tasks set out in Article 52 of this Regulation;
Amendment 412 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point b a (new)
Article 50 – paragraph 6 – point b a (new)
(ba) scrutinise self-declarations of conformity, and monitor, supervise and assess the activities of firms that issue them for the purpose of this Regulation;
Amendment 413 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point b b (new)
Article 50 – paragraph 6 – point b b (new)
(bb) report the results of verifications under point (a) and the assessments under points (b) and (c) to the European Cybersecurity Certification Group and to ENISA;
Amendment 415 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point c
Article 50 – paragraph 6 – point c
(c) handle complaints lodged by natural or legal persons in relation to certificates issued by self-declaration and by conformity assessment bodies established in their territories, investigate, to the extent appropriate, the subject matter of the complaint, and inform the complainant of the progress and the outcome of the investigation within a reasonable time period;
Amendment 420 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 7 – point e
Article 50 – paragraph 7 – point e
(e) to withdraw, in accordance with national law, certificates that are not compliant with this Regulation or a European cybersecurity certification scheme and inform national accreditation bodies accordingly;
Amendment 429 #
2017/0225(COD)
Proposal for a regulation
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
2a. Where manufacturers opt for ‘self- declaration of conformity’ as established in Article 48(3) of this Regulation, conformity assessment bodies will take additional steps to verify the internal procedures undertaken by the manufacturer to ensure that their products and/or services conform with the requirements of the European cybersecurity certification scheme.
Amendment 430 #
2017/0225(COD)
Proposal for a regulation
Article 51 a (new)
Article 51 a (new)
Article 51 a Peer-Review Assessment 1. National accreditation bodies shall subject themselves to peer evaluation coordinated by ENISA. 2. Member States shall ensure that their national accreditation bodies periodically undergo peer evaluation. 3. Peer evaluation shall be conducted based on a set of transparent evaluation criteria and procedures that include structural resources, human resources, certification conformity procedures, confidentiality and complaints. National accreditation bodies shall have recourse to appeal procedures against decisions taken as a result of this peer evaluation. 4. Peer evaluation shall ascertain whether the national accreditation bodies meet the requirements enshrined in Regulation 765/2008/EC. 5. ENISA shall publish and communicate the outcome of the peer evaluation exercises to all Member States and to the Commission. 6. Together with Member States, the commission shall oversee the rules and the proper functioning of the peer evaluation system.
Amendment 432 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point a a (new)
Article 53 – paragraph 3 – point a a (new)
(aa) to provide ENISA with strategic guidance and to establish a work programme including the common actions to be undertaken at EU level to ensure the consistent application of this Title across all Member States;
Amendment 433 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point a b (new)
Article 53 – paragraph 3 – point a b (new)
(ab) to establish and periodically update a priority list of ICT products and services that urgently require an EU cybersecurity certification scheme;
Amendment 434 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point b a (new)
Article 53 – paragraph 3 – point b a (new)
(ba) to adopt binding rules determining the intervals at which national certification supervisory authorities are to carry out verifications of certificates and the criteria, scale and scope of these verifications and to adopt common rules and standards for reporting, in accordance with Article 50(6).
Amendment 2 #
2017/0123(COD)
Council position
Recital 8
Recital 8
(8) Regulation (EC) No 1071/2009 requires undertakings to conduct effectively and continuously their operations with the appropriate technical equipment and facilities at an operating centre situated in the Member State of establishment, and it allows for additional requirements at national level, the most common of which being a requirement to have parking spaces available in the Member State of establishment. However, those, unevenly applied, requirements have not been sufficient to ensure a genuine link with that Member State in order to efficiently fight letter-box companies and to reduce the risk of systematic cabotage and nomadic drivers organised from an undertaking to which the vehicles do not return. Considering that, in order to ensure the proper functioning of the internal market in the area of transport, specific rules on the right of establishment and the provision of services may be necessary, it is appropriate to further harmonise the establishment requirements and to strengthen the requirements linked to the presence of the vehicles used by the transport operator in the Member State of establishment. Defining a clear minimum interval within which the vehicle has to return also contributes to ensuring that those vehicles can be correctly maintained with the technical equipment situated in the Member State of establishment and facilitates controls. The cycle for such returns should be synchronised with the obligation on the transport undertaking in Regulation (EC) No 561/2006 of the European Parliament and of the Council6 to organise its operations in a manner that enables the driver to return home at least every four weeks, so that both obligations can be fulfilled through the return of the driver together with the vehicle at least every second four week cycle. This synchronisation strengthens the right of the driver to return and reduces the risk that the vehicle has to return only to fulfil this new establishment requirement. However, the requirement to return to the Member State of establishment should not require a specific number of operations to be conducted in the Member State of establishment or otherwise limit the operators possibility to provide services throughout the internal market.. ____________________________ 6 the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).Regulation (EC) No 561/2006 of
Amendment 3 #
2017/0123(COD)
Council position
Recital 8
Recital 8
(8) Regulation (EC) No 1071/2009 requires undertakings to conduct effectively and continuously their operations with the appropriate technical equipment and facilities at an operating centre situated in the Member State of establishment, and it allows for additional requirements at national level, the most common of which being a requirement to have parking spaces available in the Member State of establishment. However, those, unevenly applied, requirements have not been sufficient to ensure a genuine link with that Member State in order to efficiently fight letter-box companies and to reduce the risk of systematic cabotage and nomadic drivers organised from an undertaking to which the vehicles do not return. Considering that, in order to ensure the proper functioning of the internal market in the area of transport, specific rules on the right of establishment and the provision of services may be necessary, it is appropriate to further harmonise the establishment requirements and to strengthen the requirements linked to the presence of the vehicles used by the transport operator in the Member State of establishment. Defining a clear minimum interval within which the vehicle has to return also contributes to ensuring that those vehicles can be correctly maintained with the technical equipment situated in the Member State of establishment and facilitates controls. The cycle for such returns should be synchronised with the obligation on the transport undertaking in Regulation (EC) No 561/2006 of the European Parliament and of the Council6 to organise its operations in a manner that enables the driver to return home at least every four weeks, so that both obligations can be fulfilled through the return of the driver together with the vehicle at least every second four week cycle. This synchronisation strengthens the right of the driver to return and reduces the risk that the vehicle has to return only to fulfil this new establishment requirement. However, the requirement to return to the Member State of establishment should not require a specific number of operations to be conducted in the Member State of establishment or otherwise limit the operators possibility to provide services throughout the internal market. _____________________________ 6 the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).Regulation (EC) No 561/2006 of
Amendment 5 #
2017/0123(COD)
Council position
Recital 21
Recital 21
Amendment 6 #
2017/0123(COD)
Council position
Recital 21
Recital 21
(21) Cabotage operations should help to increase the load factor of heavy duty vehicles and reduce empty runs, and should be allowed as long as they are not carried out in a way that creates a permanent or continuous activity within the Member State concerned. To ensure that cabotage operations are not carried out in a way that creates a permanent or continuous activity, hauliers should not be allowed to carry out cabotage operations in the same Member State within a certain time after the end of a period of cabotage operations.
Amendment 7 #
2017/0123(COD)
Council position
Recital 22
Recital 22
Amendment 8 #
2017/0123(COD)
Council position
Recital 22
Recital 22
Amendment 11 #
2017/0123(COD)
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 12 #
2017/0123(COD)
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 13 #
2017/0123(COD)
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) on an ongoing basis, have at its regular disposal a number of vehicles that comply with the conditions laid down in point (e) and employ drivers who are normally based at anbased on the law applicable to operational centre inof that Member State, in both casese undertaking, proportionate to the volume of transport operations carried out by the undertaking.
Amendment 14 #
2017/0123(COD)
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) on an ongoing basis, have at its regular disposal a number of vehicles that complying with the conditions laid down in point (e) and employ drivers who are normally based at anbased on the law applicable to operational centre inof that Member State, in both casese undertaking, proportionate to the volume of transport operations carried out by the undertaking.
Amendment 19 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 a
Article 8 – paragraph 2 a
Amendment 23 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State within the period of four days preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.;
Amendment 25 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
Article 10 – paragraph 7
Article 10 – paragraph 7
Amendment 26 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 3 #
2017/0122(COD)
Council position
Recital 15
Recital 15
(15) While in general regular weekly rest periods and longer rest periods canshall not be taken in the vehicle or in a parking area, but only in suitable accommodation, which may be adjacent to a parking area, i, by way of derogation relevant rest periods may be taken in vehicles, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements. It is of utmost importance to enable drivers to locate safe and secure parking areas that provide appropriate levels of security and appropriate facilities. The Commission has already studied how to encourage the development of high- quality parking areas, including the necessary minimum requirements. The Commission should therefore develop standards for safe and secure parking areas. Those standards should contribute to promoting high- quality parking areas. The standards may be revised in order to cater for better access to alternative fuels, in line with policies developing that infrastructure. It is also important that parking areas are being kept free from ice and snow.
Amendment 4 #
2017/0122(COD)
Council position
Recital 15
Recital 15
(15) While in general regular weekly rest periods and longer rest periods canshall not be taken in the vehicle or in a parking area, but only in suitable accommodation, which may be adjacent to a parking area, i, by way of derogation relevant rest periods may be taken in vehicles, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements. It is of utmost importance to enable drivers to locate safe and secure parking areas that provide appropriate levels of security and appropriate facilities. The Commission has already studied how to encourage the development of high- quality parking areas, including the necessary minimum requirements. The Commission should therefore develop standards for safe and secure parking areas. Those standards should contribute to promoting high- quality parking areas. The standards may be revised in order to cater for better access to alternative fuels, in line with policies developing that infrastructure. It is also important that parking areas are being kept free from ice and snow.
Amendment 8 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary. The regular weekly rest periods and any weekly rest period of more than 45 hours taken in compensation for previous reduced weekly rest periods shall not be taken in a vehicle. They shall be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities. By way of derogation from the second subparagraph, the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest may be taken in a vehicle, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements set out in Article 8a . Until [OJ: three years after entry into force] a vehicle may also be parked in a regular parking area which provides basic service facilities. Relevant period might be prolonged by the Commission, by means of delegated act, for additional two years if according to the outcomes of the Commission’s report on the availability of safe and secure parking areas the number of certified safe and secure parking areas across EU would not be sufficient to meet reported needs. Any costs for accommodation outside the vehicle shall be covered by the employer, as well as any fee deriving from the use of safe and secure parking area.
Amendment 9 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary. The regular weekly rest periods and any weekly rest period of more than 45 hours taken in compensation for previous reduced weekly rest periods shall not be taken in a vehicle. They shall be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities. By way of derogation from the second subparagraph, the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest may be taken in a vehicle, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements set out in Article 8a. Until [OJ: three years after entry into force] a vehicle may also be parked in a regular parking area which provides basic service facilities. Relevant period might be prolonged by the Commission, by means of delegated act, for additional two years if according to the out comes of the Commission’s report on the availability of safe and secure parking are as the number of certified safe and secure parking areas across EU would not be sufficient to meet reported needs.
Amendment 10 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 – subparagraph 2
Article 8 – paragraph 8 – subparagraph 2
Any costs for accommodation outside the vehicle shall be covered by the employer, as well as any fee deriving from the use of safe and secure parking area.;
Amendment 11 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point d
Article 1 – paragraph 1 – point 6 – point d
Regulation (EC) No 561/2006
Article 8 – paragraph 8a – subparagraph 1
Article 8 – paragraph 8a – subparagraph 1
8a. Transport undertakings shall organise the work of drivers in such a way that the drivers are able to return to the employer's operational centre where the driver is normally based and where the driver's weekly rest period begins, in the Member State of the employer's establishment, or to return to the drivers' place of residence, or to any other location chosen by the driver, within each period of four consecutive weeks, in order to spend at least one regular weekly rest period or a weekly rest period of more than 45 hours taken in compensation for reduced weekly rest period.
Amendment 12 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point d
Article 1 – paragraph 1 – point 6 – point d
Regulation (EC) No 561/2006
Article 8 – paragraph 8a – subparagraph 1
Article 8 – paragraph 8a – subparagraph 1
8a. Transport undertakings shall organise the work of drivers in such a way that the drivers are able to return to the employer's operational centre where the driver is normally based and where the driver's weekly rest period begins, in the Member State of the employer's establishment, or to return to the drivers' place of residence, or to any other location chosen by the driver, within each period of four consecutive weeks, in order to spend at least one regular weekly rest period or a weekly rest period of more than 45 hours taken in compensation for reduced weekly rest period.
Amendment 13 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 7 Regulation (EC) No 561/2006
Article 1 – paragraph 1 – point 7 Regulation (EC) No 561/2006
4. By 31 December 2024At the latest [OJ: three years after the date of entry into force of this amending Regulation], the Commission shall present a report to the European Parliament and to the Council on the availability of suitable rest facilities for drivers and of secured parking facilities, as well as on the development of safe and secure parking areas certified in accordance with the delegated acts referred to in paragraph 2. That report may list. The report shall in particular cover information on the number and the location of certified safe and secure parking areas, on their capacity and usage, and on the demand for additional places or facilities. Based on this report, the Commission shall propose, if appropriate, measures aiming to increase the number and quality of certified safe and secure parking areas and/or measures to prolong transitional period laid down in the fourth subparagraph of Article 8 for additional two years.
Amendment 14 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 8a – paragraph 4
Article 8a – paragraph 4
4. By 31 December 2024,At the latest [OJ: three years after the date of entry into force of this amending Regulation] the Commission shall present a report to the European Parliament and to the Council on the availability of suitable rest facilities for drivers and of secured parking facilities, as well as on the development of safe and secure parking areas certified in accordance with the delegated acts referred to in paragraph 2. That report may list. The report shall in particular cover information on the number and the location of certified safe and secure parking areas, on their capacity and usage, and on the demand for additional places or facilities. Based on this report, the Commission shall propose, if appropriate, measures aiming to increase the number and quality of certified safe and secure parking areas and/or measures to prolong transitional period laid down in the fourth subparagraph of Article 8 paragraph 8 for an additional two years.
Amendment 2 #
2017/0121(COD)
Council position
Recital 11 a (new)
Recital 11 a (new)
(11 a) In order to ensure efficient use of transport resources, take into account the operational realities and reduce the number of empty runs, which is an important element in achieving the objectives of the Paris agreement in relation to the reduction of CO2 emissions, a limited number of additional transport activities should be possible without triggering the posting rules. Such activities consist of operations performed during a period in the course of or following a bilateral international transport operation from the Member State of establishment and before the return journey to the Member State of establishment.
Amendment 3 #
2017/0121(COD)
Council position
Recital 12
Recital 12
(12) When a driver is engaged in a combined transport operation, the nature of the service provided during the initial or final road leg is closely linked with the Member State of establishment if the road leg on its own is a bilateral transport operation. By contrast, when the transport operation during the road leg is carried out within the host Member State or as a non-bilateral international transport operation, there is a sufficient link with the territory of a host Member State and therefore the posting rules should apply.
Amendment 4 #
2017/0121(COD)
Council position
Recital 12
Recital 12
(12) When a driver is engaged in a combined transport operation, the nature of the service provided during the initial or final road leg is closely linked with the Member State of establishment if the road leg on its own is a bilateral transport operation. By contrast, when the transport operation during the road leg is carried out within the host Member State or as a non-bilateral international transport operation, there is a sufficient link with the territory of a host Member State and therefore the posting rules should apply.
Amendment 5 #
2017/0121(COD)
Council position
Recital 13
Recital 13
(13) Where a driver performs other types of operations, notably cabotage operations or non-bilateral international transport operations, there is a sufficient link to the territory of the host Member State. The link exists in case of cabotage operations as defined by Regulations (EC) No 1072/20096 and (EC) No 1073/20097 of the European Parliament and of the Council since the entire transport operation takes place in a host Member State and the service is thus closely linked to the territory of the host Member State. A non- bilateral international transport operation is characterised by the fact that the driver is engaged in international carriage outside of the Member State of establishment of the undertaking making the posting. The services performed are therefore linked with the host Member States concerned rather than with the Member State of establishment. In those cases, sector- specific rules are only required with regard to the administrative requirements and control measures. Nevertheless, until negotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded, certain number of cross-trade operations should be exempted from posting rules. _________________ 6Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 7Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).
Amendment 6 #
2017/0121(COD)
Council position
Recital 13
Recital 13
(13) Where a driver performs other types of operations, notably cabotage operations or non-bilateral international transport operations, there is a sufficient link to the territory of the host Member State. The link exists in case of cabotage operations as defined by Regulations (EC) No 1072/20096 and (EC) No 1073/20097 of the European Parliament and of the Council since the entire transport operation takes place in a host Member State and the service is thus closely linked to the territory of the host Member State. A non- bilateral international transport operation is characterised by the fact that the driver is engaged in international carriage outside of the Member State of establishment of the undertaking making the posting. The services performed are therefore linked with the host Member States concerned rather than with the Member State of establishment. In those cases, sector- specific rules are only required with regard to the administrative requirements and control measures. Nevertheless, until negotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded, certain number of cross-trade operations should be exempted from posting rules. _________________ 6Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 7Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).
Amendment 7 #
2017/0121(COD)
Council position
Recital 15
Recital 15
(15) Union operators face growing competition from operators based in third countries. It is therefore of the utmost importance to ensure that Union operators are not discriminated against. According to Article 1(4) of Directive 96/71/EC, undertakings established in a non-member State must not be given more favourable treatment than undertakings established in a Member State. That principle should also apply with regard to the specific rules on posting provided for in this Directive. It should, in particular, apply when third country operators perform transport operations under bilateral or multilateral agreements granting access to the Union marketTherefore, taking into account the fact that the Union has already exercised its competence and adopted common specific rules on posting of drivers, it should begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 8 #
2017/0121(COD)
Council position
Recital 15
Recital 15
(15) Union operators face growing competition from operators based in third countries. It is therefore of the utmost importance to ensure that Union operators are not discriminated against. According to Article 1(4) of Directive 96/71/EC, undertakings established in a non-member State must not be given more favourable treatment than undertakings established in a Member State. That principle should also apply with regard to the specific rules on posting provided for in this Directive. It should, in particular, apply when third country operators perform transport operations under bilateral or multilateral agreements granting access to the Union marketTherefore, taking into account the fact that the Union has already exercised its competence and adopted common specific rules on posting of drivers, it should begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 10 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 1
Article 1 – paragraph 3 – subparagraph 1
For the purpose of this Directive, a bilateral transport operation in respect of goods means the movement of goods, based on a transport contractconsignment note, from the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009, to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment. In a bilateral transport operation, a Member State of establishment shall be either the place of origin where the transported goods are loaded or the place of destination where the goods are unloaded. Moreover, a bilateral transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
Amendment 11 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 1
Article 1 – paragraph 3 – subparagraph 1
For the purpose of this Directive, a bilateral transport operation in respect of goods means the movement of goods, based on a transport contractconsignment note, from the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009, to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment.
Amendment 12 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 1 a (new)
Article 1 – paragraph 3 – subparagraph 1 a (new)
In a bilateral transport operation, a Member State of establishment shall be either the place of origin where the transported goods are loaded or the place of destination where the goods are unloaded. Moreover, a bilateral transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
Amendment 13 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 2
Article 1 – paragraph 3 – subparagraph 2
Amendment 14 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 2
Article 1 – paragraph 3 – subparagraph 2
Amendment 15 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 2 a (new)
Article 1 – paragraph 3 – subparagraph 2 a (new)
For the purpose of this Directive, a cross- trade operation is the movement of goods, based on a consignment note, between two different Member States other than the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009. Moreover, a cross-trade transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
Amendment 16 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 3
Article 1 – paragraph 3 – subparagraph 3
Amendment 17 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 3
Article 1 – paragraph 3 – subparagraph 3
Amendment 18 #
2017/0121(COD)
The exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply only until the date from which smart tachographs complying with the requirement of recording border crossings and additional activities referred to in the first subparagraph of Article 8(1) of Regulation (EU) No 165/2014 are required to be fitted in the vehicles registered in a Member State for the first time, under the fourth subparagraph of Article 8(1) of that Regulation. From that date the exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply solely to drivers using vehicles fitted with smart tachographs, as provided for in Articles 8, 9 and 10 of that Regulationnegotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded.
Amendment 19 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 4
Article 1 – paragraph 3 – subparagraph 4
Theis exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply only until the date fromon which smart tachographs complying with the requirement of recording border crossings and additional activities referred to in the first subparagraph of Article 8(1) of Regulation (EU) No 165/2014 are requnegotiations between the Union and relevant thired to be fitted in the vehicles registered in a Member State for the first time, under the fourth subparagraph of Article 8(1) of that Regulation. From that date the exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply solely to drivers using vehicles fitted with smart tachographs, as provided for in Articles 8, 9 and 10 of that Regulationcountries as regards the application of rules equivalent to those laid down in this Directive will be concluded.
Amendment 20 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point a
Article 1 – paragraph 4 – subparagraph 1 – point a
(a) picks up passengers in the Member State of establishment and sets them down in another Member State and/or a third country;
Amendment 21 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point a
Article 1 – paragraph 4 – subparagraph 1 – point a
(a) picks up passengers in the Member State of establishment and sets them down in another Member State and/or a third country;
Amendment 22 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point b
Article 1 – paragraph 4 – subparagraph 1 – point b
(b) picks up passengers in a Member State and/or a third country and sets them down in the Member State of establishment; or
Amendment 23 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point b
Article 1 – paragraph 4 – subparagraph 1 – point b
(b) picks up passengers in a Member State and/or a third country and sets them down in the Member State of establishment; or
Amendment 25 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point c
Article 1 – paragraph 4 – subparagraph 1 – point c
(c) picks up and sets down passengers in the Member State of establishment for the purpose of carrying out local excursions in another Member State and/or a third country, in accordance with Regulation (EC) No 1073/2009.
Amendment 26 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 a (new)
Article 1 – paragraph 4 – subparagraph 1 a (new)
Moreover, a bilateral transport operation in international occasional or regular carriage of passengers may involves picking up of passengers and /or setting passengers down more than once as specified in journey form or authorisation.
Amendment 27 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 2
Article 1 – paragraph 4 – subparagraph 2
Amendment 28 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 2
Article 1 – paragraph 4 – subparagraph 2
Amendment 29 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 3
Article 1 – paragraph 4 – subparagraph 3
Amendment 30 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 3
Article 1 – paragraph 4 – subparagraph 3
Amendment 31 #
2017/0121(COD)
Council position
Article 1 – paragraph 8
Article 1 – paragraph 8
8. A posting shall, for the purpose of Article 3(1a) of Directive 96/71/EC, be considered to be ending when the driver leavesfinally delivers goods or sets passengers down in the host Member State in the performance of the international carriage of goods or passengers. That period of posting shall not be cumulated with previous periods of posting in the context of such international operations performed by the same driver or by another driver whom he or she replaces.
Amendment 32 #
2017/0121(COD)
Council position
Article 1 – paragraph 8
Article 1 – paragraph 8
8. A posting shall, for the purpose of Article 3(1a) of Directive 96/71/EC, be considered to beas ending when the driver leafinally delivers goods or sets passengers down in the host Member State in the performance of thean international carriage of goods or passengers. That period of, and that posting period shall not be cumulated with previous periods of postingosting periods in the context of such international operations performed byof the same driver or by another driver whom he or she replaces.
Amendment 33 #
2017/0121(COD)
Council position
Article 1 – paragraph 10
Article 1 – paragraph 10
10. Transport undertakings established in a non-Member State shall not be given more favourable treatment than undertakings established in a Member State, including when performing transport operations under bilateral or multilateral agreements granting access to the Union market or parts thereof. Hence once this Directive has entered into force, the Union shall begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 34 #
2017/0121(COD)
Council position
Article 1 – paragraph 10
Article 1 – paragraph 10
10. Transport undertakings established in a non-Member State shall not be given more favourable treatment than undertakings established in a Member State, including when performing transport operations under bilateral or multilateral agreements granting access to the Union market or parts thereof. Hence once this Directive has entered into force, the Union shall begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 90 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. ItThe processing of anonymous data by providers, and making data anonymous, should be incentivised as the act of anonymization dramatically reduces the risk from a privacy and security perspective associated with processing of data related to transmission. This Regulation also should not prohibit either the processing of electronic communications data to ensure the security, confidentiality, integrity, availability, authenticity and continuity of the electronic communications services and networks, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 161 #
2017/0003(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Member States should be allowed, within the limits of this Regulation, to maintain or introduce national provisions to further specify andEuropean Data Protection Board should, where necessary, issue guidance and opinions within the limits of this Regulation, to further clarify the application of the rules of this Regulation in order to ensure an effective application and interpretation of those rules. Therefore, the margin of discretion, which Member States hase guidance and opinions should take into account the dual objective inof this rRegard,ulation, therefore they should maintain a balance between the protection of private life and personal data and the free movement of electronic communications data.
Amendment 170 #
2017/0003(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) For the purpose of this Regulation, where the provider of an electronic communications service is not established in the Union, it shall designate a representative in the Union. The representative should be designated in writing. The representative may be the same as the one designated under Article 27 of Regulation (EU) 2016/679.
Amendment 173 #
2017/0003(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly replace traditional voice telephony, text messages (SMS) and electronic mail conveyance services in favour of functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure an effective and equal protection of end-users when using functionally equivalent services, this Regulation uses the definition of electronic communications services set forth in the [Directive of the European Parliament and of the Council establishing the European Electronic Communications Code24 ]. That definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services, which may or may not be number-based, such as for example, Voice over IP, messaging services and web-based e-mail services. The protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service; therefore, such type of services also having a communication functionality should be covered by this Regulation. _________________ 24 Commission proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast) (COM/2016/0590 final - 2016/0288 (COD)).
Amendment 177 #
2017/0003(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to strengthen the enforcement of the rules of this Regulation, each supervisory authority should have the power to impose penalties including administrative fines for any infringement of this Regulation, in addition to, or instead of any other appropriate measures pursuant to this Regulation. This Regulation should indicate infringements and the upper limit and criteria for setting the related administrative fines, which should be determined by the competent supervisory authority in each individual case, taking into account all relevant circumstances of the specific situation, with due regard in particular to the nature, gravity and duration of the infringement and of its consequences and the measures taken to ensure compliance with the obligations under this Regulation and to prevent or mitigate the consequences of the infringement. For the purpose of setting a fine under this Regulation, an undertaking should be understood to be an undertaking in accordance with Articles 101 and 102 of the Treaty. Double penalties resulting from the infringement of both this Regulation and Regulation (EU) 2016/679 should be avoided.
Amendment 179 #
2017/0003(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 180 #
2017/0003(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) The successful functioning of innovative future network infrastructure such as Fifth Generation (5G) networks is dependent on an increasing number of devices, often with limited computational capacity, being able to process data at unprecedented speeds. The end-user's privacy in such a scenario remains a priority and should therefore be designed to complement the requirements of such infrastructure and allow free movement of the electronic communication data for 5G to operate as intended and satisfy the needs of end-users, operators, industry verticals, businesses and law and policymakers.
Amendment 182 #
2017/0003(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi- private spaces such as ‘hotspots’ situated at different places within a city, department stores, shopping malls and hospitals. To the extent that those communications networks are provided to an undefined group of end-users, the confidentiality of the communications transmitted through such networks should be protected. The fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this Regulation. Therefore, this Regulation should apply to electronic communications data using electronic communications services and public communications networks. It should apply to restricted-access services offered by social network services, such as user- created groups or private messaging, as long as the social network service as a whole is publicly available. In contrast, this Regulation should not apply to closed groups of end-users such as corporate networks, access to which is limited to members of the corporation.
Amendment 200 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. It should not prohibit either the processing of electronic communications data to ensure the security, confidentiality, integrity, availability, authenticity and continuity of the electronic communications services and networks, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 212 #
2017/0003(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The processing of electronic communications data can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, based on end- users consent. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to obtain end-users’ consent to process electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colors to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, As an exemption from obtaining end-user´s consent, the processing of metadata for purposes other thand taking into account the nature, scope, context and purposes ofhose for which they were initially collected should be allowed in cases where the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a conscompatible and is subject to specific safeguards, especially pseudonymisation as set forth in point (4) of Article 6 of Regulation (EU) 2016/679, as well as if it is necessary in accordance with Article 6 (1) (f) of Regultation of the supervisory authority should take place prior to the processing, in accordance with(EU) 2016/679 for the purpose of legitimate interest, provided that the data protection impact assessment was carried out, as prescribed in Articles 35 and 36 of Regulation (EU) 2016/679.
Amendment 222 #
2017/0003(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The content of electronic communications pertains to the essence of the fundamental right to respect for private and family life, home and communications protected under Article 7 of the Charter. Any interference with the content of electronic communications should be allowed only under very clear defined conditions, for specific purposes and be subject to adequate safeguards against abuse. This Regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit, with the informed consent of all the end- users concerned. For example, providers may offer services that entail the scanning of emails to remove certain pre-defined material. Given the sensitivity of the content of communications, this Regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons. When processing such type of data, the provider of the electronic communications service should always consult the supervisory authority prior to the processing. Such consultation should be in accordance with Article 36 (2) and (3) of Regulation (EU) 2016/679. The presumption does not encompass the processing of content data to provide a service requested by the end-user where the end-user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service, for example text to voice service, organisation of the mailbox, calendar assistants or SPAM filter service. After electronic communications content has been sent by the end-user and received by the intended end-user or end-users, it may be recorded or stored by the end-user, end- users or by a third party entrusted by them to record or store such data. Any processing of such data must comply with Regulation (EU) 2016/679.
Amendment 232 #
2017/0003(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. Consent should also not be necessary if the information processed or stored is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability and authenticity of the terminal equipment. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user’s settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end- user should not constitute access to such a device or use of the device processing capabilities. As an exemption from obtaining end-user´s consent, the processing of information and data that are or are rendered pseudonymous or anonymous should be allowed or for purposes other than those for which they were initially collected in cases where the processing is compatible and is subject to specific safeguards, especially pseudonymisation as set forth in point (4) of Article 6 of Regulation (EU) 2016/679, as well as if it is necessary in accordance with Article 6 (1) (f) of Regulation (EU) 2016/679 for the purpose of legitimate interest, provided that the data protection impact assessment was carried out, as prescribed in Article 35 of Regulation (EU) 2016/679. Adherence to the data protection certification mechanisms, seals or marks, as defined respectively in Article 40 and Article 42 of Regulation (EU) 2016/679, shall be encouraged and promoted, especially to demonstrate compliance with the Regulation in case of exceptions concerning compatible processing and legitimate interests as described above.
Amendment 241 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user’s consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate technical settings of a browser or other application. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or stored.
Amendment 254 #
2017/0003(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 284 #
2017/0003(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent before their personal data are included in a directory. The legitimate interest of legal entities requires that end- users that are legal entities have the right to object to the data related to them being included in a directory. The consent should be collected by the electronic communications service provider at the moment of signing the contract for such service.
Amendment 290 #
2017/0003(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consent to their data being included in such directories, they should be able to determine on a consent basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directorieupon giving their consent the end-users should be inform the end-usersed of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user’s contact details can be searched should not necessarily be the same. The providers of publicly available directories shall provide information about the search options, as well as if new options and functions of the directories are available in the publicly available directories.
Amendment 347 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) it is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability, authenticity of the terminal equipment; or
Amendment 367 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 405 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, or surveillance or processing of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.
Amendment 414 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Providers of electronic communications networks and services may process electronic communications data if: it is necessary to achieve the transmission of the communication, for the duration necessary for that purpose.
Amendment 419 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 436 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (e) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interestsnational security (i.e. state security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences..
Amendment 448 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Providers of electronic communications networks and services may process electronic communications metadata if:
Amendment 477 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. For the purpose of point (cb) of paragraph 2, data protection impact assessment shall be carried out as prescribed in Article 35 of Regulation (EU) 2016/679.
Amendment 481 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. PWithout prejudice to points (1) and (1a) of Article 6, providers of the electronic communications services may process electronic communications content only:
Amendment 489 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) for the sole purpose of the provision of a specific service to an end- user, if the end-user or end-users concerned haves given theihis or her consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content; or
Amendment 528 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) the information is or is rendered pseudonymous or anonymous;or
Amendment 557 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) it is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability, authenticity of the terminal equipment;or
Amendment 631 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.
Amendment 698 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directorielectronic communication services shall obtain the consent of end- users who are natural persons to include share their personal data in the directory and, consequently, shall obtain consent from these end-users forwith the providers of publicly available directories to include them in the directory and, consequently, shall provide end-users who are natural persons with information about inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end- users who are natural persons the means to verify, correct and delete such data.
Amendment 720 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of electronic communication services or providers of publicly available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct and delete such data.
Amendment 722 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge and in an easily accessible manner by the party that collected the consent or directly from the provider of publicly available directory.
Amendment 818 #
2017/0003(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Directive 2002/58/EC is repealed with effect from 25 May 2018[1 year after entering into force of this Regulation].
Amendment 822 #
2017/0003(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
By 1 January 2018[the date of entry into force of this Regulation] at the latest, the Commission shall establish a detailed programme for monitoring the effectiveness of this Regulation.
Amendment 824 #
2017/0003(COD)
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
It shall apply from 25 May 2018[1 year after entering into force of this Regulation].
Amendment 6 #
2016/2305(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Reminds that the digital divide represented by the connectivity gap between rural and metropolitan areas needs to be closed since the EU cannot afford to miss opportunities to connect rural areas, that are largely behind in the light of the results of the EC's Digital Economy & Society Index (DESI) - broadband is available to 71% of European homes but only to 28% in rural areas, mobile broadband (4G and others) is available to 86% of European homes but only to 36% in rural areas;
Amendment 10 #
2016/2305(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes EC's intention to work with the MS's and industry towards the voluntary establishment of a common timetable for the launch of early 5G networks by the end of 2018, followed by the launch of fully commercial 5G services in Europe by the end of 2020;
Amendment 26 #
2016/2305(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the Connecting Europe Broadband Fund, a fund for broadband infrastructure open to participation of National Promotional Banks and Institutions and of private investors, which will be a step further to bring infrastructure investments to underserved less populated and rural and remote areas;
Amendment 32 #
2016/2305(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Calls on the European Commission to ensure, maintain and develop financing for the 5G Action Plan at the proper level within the horizon of the next Multiannual Financial Framework 2020-2027;
Amendment 49 #
2016/2305(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines the still unimaginable opportunities of cloud technologies, big data and the Internet of Things offer for being a driver of growth and jobs and to improving the lives of every citizen – provided that reliable connectivity reaches everyplace;
Amendment 51 #
2016/2305(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls that 5G will enable new high-quality services, connect new industries and ultimately improve the customer experience for increasingly sophisticated and demanding digital users;
Amendment 57 #
2016/2305(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Insists not only in the urgency of accelerating investments on research and innovation on 5G technology but also on the development of more efficient ways to bring swiftly the results of research and innovation to the marketplace;
Amendment 66 #
2016/2305(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Recalls the need to raise further public awareness of the benefits of the use of Internet for citizens and for businesses since it enhances economic and social opportunities and is a tool that may foster inclusion and create increased opportunities for less developed areas of the Union;
Amendment 74 #
2016/2305(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Advocates to go beyond the use of mere economic indicators to measure the impact of the technology and to complete the image with socioeconomic indicators;
Amendment 75 #
2016/2305(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes the need to strongly engage with all stakeholders, from the EU institutions to the Member States, from the private sector to civil society, in order to develop a common and shared vision underpinned by the idea that digital technologies and communications have the potential to create a better life for all, e.g. at present healthcare costs are rocketing and European population is ageing: technology has the potential to help restructure our healthcare model from treatment to prevention;
Amendment 80 #
2016/2305(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recommends that the Commission should establish an annual progress review and recommendations reporting on the 5G Action Plan, and inform Parliament of the results;
Amendment 158 #
2016/2276(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to continue to promote the growth of European online platforms and strengthen their ability to compete globally; regrets the EU’s low share of online platform-firms in terms of market capitalisation on online platforms; stresses the importance of removing obstacles that hamper the smooth operation of online platforms across borders and disrupt the functioning of the European digital sinternalgle market;
Amendment 356 #
2016/2276(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Underlines that monopolies, concentration and in particular abuse of dominant position, must be avoided and stresses also that dominant online platforms should not impose disproportionate obligations on consumers or business users;
Amendment 431 #
2016/2276(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. Welcomes the targeted fact-finding exercise on B2B practices to be conducted by Commission by spring 2017 and urges to present effective steps to ensure fair competition;
Amendment 10 #
2016/2243(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that Fintech companies have the potential to directly benefit SMEs by extending the availability of credit and accelerating the loan process; urges the Commission to shape its legislative measures in a manner leaving sufficient flexibility for firms to operate and arrange finance for SMEs as well as stimulating partnerships between banks and Fintech companies in the area of SME lending;
Amendment 22 #
2016/2243(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights that FinTech-related services can play a major role in the development of a future-proof European Digital Single Market, for example by making existing channels more cost- efficient and by, offering innovative payment solutions and increasing consumer trust in digital technologies; believes that the Commission should take a technology- neutral approach in its policy initiatives;
Amendment 30 #
2016/2243(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Acknowledges that Fintech companies vary significantly in their business operations and thus urges the Commission to refrain from one-size-fits- all measures and tailor its regulatory proposal to accommodate the different business models;
Amendment 35 #
2016/2243(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that the EBA’s guidelines on ‘strong payment authentication’ should take FinTech and e- commerce practices into account; asks the EBA to revise its suggestions in order to avert a negative effect on online services and ensure a level playing field encouraging financial innovation and improving competition between all market players; asks that risk-based security policies be taken into account.
Amendment 9 #
2016/2224(INI)
Draft opinion
Recital Β a (new)
Recital Β a (new)
Ba. Whereas in the public sector, protecting whistle-blowers can make it easier to detect the misuse of public funds, fraud and other forms of cross-border corruption linked to national or European Union interests.
Amendment 24 #
2016/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crimes; points out that protection of whistle-blowers should not be limited only to cases where confidential information is revealed but to all cases of disclosure of misconduct, wrongdoing or involvement in illegal activities; points out that the existing national legislation and the existing Union legislation on protection of whistle- blowers is scattered and that the protection of whistle-blowers across the Member States is uneven, which often impacts negatively on EU policies;.
Amendment 30 #
2016/2224(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that protection against further conviction for defamation or breach of professional secrecy must be ensured.
Amendment 31 #
2016/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that protection of whistle- blowers should be harmonised at EU level; is of the opinion that a horizontal EU legal instrument providing protecTakes note on the European Commission consultation foron whistle- blowers in the public and private sectors and complemented by sectoral rules would be the most efficient approach in order to ensure comprehensive and genuine protection of whistle-blowers; reiterates in this regard its call on the Commission to present by the end of 2017 a legislative proposal defining whistle-blowing and setting out common rules for theprotection; emphasises that only EU action must have an appropriate legal basis and must be in line with the principle of protecportion of whistle-blowers1 ; _________________ 1 Text adopted P8_TA(2016)0403ality and subsidiarity.
Amendment 39 #
2016/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; calls for the creadefinition of a clear horizontal legal framework that includes definitions, protection against different forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established;common principles on the protection of whistle-blowers in the Member States, with respect for the principle of subsidiarity, with a view to the possible harmonisation of the different legal frameworks.
Amendment 54 #
2016/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the creation of legal and secure disclosure channels at national level to facilitate reporting to the competent authorities of information on threats to the public interest; the authorities shall assure that in the cases of financial hardship the legal aid is granted in all process stages.
Amendment 60 #
2016/2224(INI)
4a. The rights of defence and access to remedies of the reported person should be fully respected at every stage of the procedure, including the right to access to the file, the right to be heard and the right to seek effective remedy against the decision, under the applicable procedures set out in national law.
Amendment 63 #
2016/2224(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Member States should ensure that competent authorities have in place adequate protection procedures for the processing of reports of infringements and reported persons’ personal data; such procedures should ensure that the identity of the person is protected at all stages of the procedure; this obligation should be without prejudice to the necessity and proportionality of the obligation to disclose information when this is required by Union or national law and subject to appropriate safeguards under such laws, including in the context of investigations or judicial proceedings or to safeguard the freedom of others, including the rights of defence of the reported person.
Amendment 75 #
2016/2224(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the Member States to comply with the Recommendations of Council of Europe on the protection of whistle-blowers.
Amendment 76 #
2016/2224(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the European Commission to evaluate the possibility to debate the situations of the whistle- blowers who are taking part of the wrongdoing, namely the possibility to introduce the mechanism of plea bargaining. In order to create an effective tool to fight against corruption and organised crime, it is necessary to have in account not only the situations where the whistle-blowers only reports the wrongdoing but also those who are effectively part of those actions and decide to report to the authorities.
Amendment 5 #
2016/2140(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regards to the Convention on the Rights of the Child, the General Comment no. 16 of the UN Committee on the Rights of Child,
Amendment 40 #
2016/2140(INI)
Motion for a resolution
Recital D
Recital D
D. whereas most human rights violations in the garment sector are labour- rights related and include the denial of workers fundamental right to join or form a union of their choosing and bargain collectively in good faith; whereas this has led to widespread labour rights violations ranging from poverty wages, wage theft, unsafe workplaces, physical and sexual harassment, to precarious work;
Amendment 111 #
2016/2140(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to present a legislative proposal on binding due diligence obligations for supply chains in the garment sector aligned with OECD guidelines and internationally agreed standards on human rights and social and environmental standards; this proposal should focus on the core problems garment workers face (occupational health and safety, a living wage, freedom of association, protection from sexual harassment and violence) and should address the following matters: key criteria for sustainable production, transparency and traceability, including collection of data and tools for consumer information, due diligence checks and auditing, access to remedy; gender equality, children's rights, supply-chain due diligence reporting; awareness raising; notes, however, with concern that a lot more needs to be done and urges the Commission to take further actions which have a direct impact on workers’ lives;
Amendment 127 #
2016/2140(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages the EU and its Member States to promote, through policy dialogue and capacity building, the take-up and effective enforcement of international labour standards and human rights by partner countries based on ILO Conventions, in particular ILO Conventions 138 and 182, and recommendations; stresses in this context that respecting the right to join and form a union and engage in collective bargaining is a key criterion for business accountability;
Amendment 139 #
2016/2140(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to deliver on its objective to foster improvements in the ready-made garment sector, including through a strong gender and children focus; calls on the Commission to make gender equality and children's rights a central focus of its flagship legislative initiative;
Amendment 148 #
2016/2140(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the need to enhance codes of conduct, labels and fair trade schemes, and of ensuring alignment with international standards such as the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, the Children's Rights and Business Principles developed by UNICEF, the UN Global Compact and Save the Children, and the upcoming OECD due diligence guidance for the garment and footwear sector;
Amendment 34 #
2016/2062(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that consumers of less- connected cities, regions and countries have a significant competitive disadvantage compared to major hubs and thus calls on the Commission to take action on improving intra-EU connectivity;
Amendment 3 #
2016/2009(INI)
Draft opinion
Recital A
Recital A
A. whereas petitions to Parliament serve as an important instrument for citizens to report alleged breaches of fundamental rights;
Amendment 5 #
2016/2009(INI)
Draft opinion
Recital B
Recital B
B. whereas almost a hundred petitions received by Parliament in 2015 directly concerned alleged breaches of fundamental rights referred to in the Charter of Fundamental Rights of the European Union; whereas during the treatment of petitions further problems of effective protection by the Charter may also emerge;
Amendment 6 #
2016/2009(INI)
Draft opinion
Recital B
Recital B
B. whereas almost a hundredover eighty petitions received by Parliament in 2015 concerned alleged breaches of fundamental rights referred to in the Charter of Fundamental Rights of the European Union;
Amendment 13 #
2016/2009(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. whereas Article 24 of the Charter sets up the fundamental right of children; whereas hundreds of petitions were received in 2015 concerning children custody matters, in most of the cases with cross-border implications; whereas a specific working group was created to more effectively deal with the core of these matters;
Amendment 16 #
2016/2009(INI)
Draft opinion
Recital D
Recital D
D. whereas the joint-report of the Committee on Petitions onand the Committee on Civil Liberties, Justice and Home Affairs on the Special Report of the European Ombudsman’s in own-initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex established that Frontex has a duty to uphold the EU’s standards on the fundamental rights of asylum seekers in its day-to-day operations; acknowledged Frontex’s efforts to enhance respect for fundamental rights and called on the same Agency to deal with individual complaints regarding infringements of fundamental rights in the course of its operations; whereas the respect and safeguarding of fundamental rights also applies to all the EU institutions, agencies and bodies;
Amendment 19 #
2016/2009(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas the Union cannot afford cases of suppression or undermining of fundamental civil rights such as freedom of information, nor tolerate abuse of power and institutional racism and xenophobia within its borders, as depicted by some petitions;
Amendment 21 #
2016/2009(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that citizens’ expectatio the Charter to ens uregarding the protection of their fundamental rights under the Charter are often disappointed, which may aggravate theirby institutions and bodies of the Union and Member States when implementing Union law; notes that a lack of such protection and awareness would lead citizens to be disenchantmented with the European project; notes that the general public has a limited grasp of the field of application of the Charter; believes that the European Commission and the Member States could do more to promote knowledge of the Charter, in particular the effect of its Article 51 by means of targeted campaigns using both traditional and online media;
Amendment 33 #
2016/2009(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the portability of social security benefits, pensions, health care and recognition of professional qualifications and civil status documents is a guaranteedfreedom of movement and of residence is a fundamental right conferred on citizens in the Internal Market and by the Charter; notes that many citizens still encounter problems in asserting these righis right, including the portability of social security benefits, pensions, health care and recognition of professional qualifications and civil status documents;
Amendment 38 #
2016/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the rights of people with disabilities, who strive to live a life as close to normal as possible to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community; calls on the Commission and the Member States to ensure that these rights are properly respected and applied, notably the rights resulting from the ratification of the United Nations Convention on the Rights of Persons with Disabilities; is of the opinion that EU funds should not go towards projects that are in breach of this fundamental right, such as projects that aim to segregate people with disabilities from the community;
Amendment 53 #
2016/2009(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to act, in accordance with the Charter, to ensure that citizens receive universal access to quality healthcare, justice, social services and education; underlines that asylum seekers who come into contact with Frontex should have their fundamental rights respected and should be offered full recourse to uphold those rights via an established complaints mechanismcommends the inclusion of an independent complaints mechanism as per the Regulation of the European Parliament and of the Council on the European Border and Coast Guard to monitor and ensure the respect for fundamental rights in all the activities of the Agency;
Amendment 63 #
2016/2009(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Deplores all instances of discrimination against minorities, immigrants and asylum seeker; calls on Member States to pay particular attention to discrimination against minorities and migrants, as well as restrictions on the freedom of the media regularly reflected in petitions; calls on the Member States to pay particular welcomes the unblocking of the Directive on implementation of the principle of equal treattmention to these issues; welcomes the unblocking of the anti-discrimination directive between persons irrespective of religion or belief, disability, age or sexual orientation in the European Council;
Amendment 75 #
2016/2009(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to guarantee the fundamental rights of citizens from non-EU countries, particularly asylum seekers, living in an EU country as laid down in the Charter of Fundamental Rights;
Amendment 85 #
2016/2009(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for special attention to the rights of children, in particular in the context of cross-border custody disputes, and parentaldoptions without parental consent and visitation rights; calls on the Commission to provide clear guidance on the concept of ‘best interests of the child’ in the context of the revision of the Brussels IIA Regulation;
Amendment 86 #
2016/2009(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for special attention to the rights of children, in particular in the context of cross-border custody disputes and parental visitation rights; calls on the Commission to provide clear guidance on the concept of ‘best interests of the child’ in the context of the revisionew of the Brussels IIA Regulation;
Amendment 94 #
2016/2009(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the advances made in LGTBTI rights in 2015; remains concerned about ongoing discrimination on the grounds of sexual orientation and limits to the freedom of speech of LGTBTI people;
Amendment 100 #
2016/2009(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Encourages the Commission to take up stronglyeffectively take up the issue of national voting rights, particularly in cases where citizens are disenfranchised in national elections when they exercise their fundamental right to free movement and residence.
Amendment 102 #
2016/2009(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the institutions and bodies of the Union and Member States when they are implementing Union law to ensure a high-level of environmental protection and to adhere to the principle of sustainable development; regrets the over-development that is taking place in parts of the EU, which is having negative effects on the environment and the lives of European citizens and residents living in the areas affected.
Amendment 104 #
2016/2009(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Highlights the fundamental right to good administration; calls on Member States to lead by example by ensuring, amongst others, that their administrative processes are open, accountable, fair, transparent and proportionate.
Amendment 640 #
2016/2009(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers that violence against women, such as honour killing, forced marriage, trafficking, female genital mutilation, domestic violence are serious violations of human rights that should be criminalised and punished and never be justified by religious or cultural tradition;
Amendment 642 #
2016/2009(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Strongly condemns the frequent acts of harassment and rape in public places in Europe and considers that every women and girl should feel safe from any form of sexual harassment in any public place in Europe; calls on Member States to take the necessary measures to ensure that these acts are properly sanctioned, that the perpetrators are brought to justice and that appropriate protection is provided to victims;
Amendment 663 #
2016/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that no cultural, religious, national or ethnic background can justify any form of gender-based violence and that EU and national authorities should strengthen their cooperation; considers that all those living in Europe, regardless of their original culture and tradition, should respect the law and women's rights and dignity;
Amendment 292 #
2016/0288(COD)
Proposal for a directive
Recital 269
Recital 269
(269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘Must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives, for instance media pluralism. Member States should provide an objective justification for the ‘must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision for proportionate remuneration.
Amendment 306 #
2016/0288(COD)
Proposal for a directive
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. Where the provisions of this Directive concerning end-users' rights are in conflict with the provisions of Directive (EU) .../...., this Directive shall prevail.
Amendment 308 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘electronic communications service’' means a service normally provided for remuneration via publicly available electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
Amendment 347 #
2016/0288(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where information is considered confidential by a national regulatory or other competent authority in accordance with Union and national rules on business confidentiality or the protection of personal data, the Commission, BEREC and the authorities concerned shall ensure such confidentiality. In accordance with the principle of sincere cooperation, national regulatory authorities and other competent authorities shall not deny the provision of the requested information to the Commission, to BEREC or to another authority on the grounds of confidentiality or the need to consult with the parties which provided the information. When confidential information is shared with the Commission, BEREC or a competent authority undertake to respect the confidentiality of information identified as such by the authority holding it, the latter shall share the information on request for the identified purpose without having to further consult the parties who provided the informatiovia the national regulatory authority, the latter shall promptly inform the undertakings whose information is shared thereof. This will include at least what information has been shared with whom and when.
Amendment 418 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c
Article 59 – paragraph 1 – subparagraph 2 – point c
(c) in justified cases, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namelyin particular where access to emergency services or end-to-end connectivity between end-users is endangered due to a lack of interoperability between interpersonal communications services.
Amendment 428 #
2016/0288(COD)
Proposal for a directive
Article 63 – paragraph 1
Article 63 – paragraph 1
1. After consulting stakeholders and in close cooperation with the Commission, BEREC may adopt a Decision identifying transnational marketsnational regulatory authorities the Commission may, taking utmost into account the opinion of BEREC and proceeding in accordance with the principles of competition law and taking utmost account of the Recommendation and SMP Guidelines adopted in accordance with Article 62. BEREC shall conduct an analysis of a potential transnational market if the Commission or at least two national regulatory authorities concerned submit a reasoned request providing supporting evidence, adopt a Decision identifying a transnational market.
Amendment 429 #
2016/0288(COD)
Proposal for a directive
Article 63 – paragraph 2 – subparagraph 1
Article 63 – paragraph 2 – subparagraph 1
In the case of transnational markets identified in accordance withthe Decision referred to in paragraph 1, the national regulatory authorities concerned shall jointly conduct the market analysis taking the utmost account of the SMP Guidelines and, in a concerted fashion, shall decide on any imposition, maintenance, amendment or withdrawal of regulatory obligations referred to in Article 65(4). The national regulatory authorities concerned shall jointly notify to the Commission with their draft measures regarding the market analysis and any regulatory obligations pursuant to Articles 32 and 33.
Amendment 435 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3a. A national regulatory authority shall not impose obligations in accordance with Articles 66 and Articles 67 to 72 if the concerned operator provide commercial wholesale access offers on terms that favour competition in the long term by including, inter alia, fair and reasonable terms for the sharing of risk and flexibility in terms of the value and timing of the commitment provided by each access seeker as well as the possibility to increase such commitment in the future.
Amendment 437 #
2016/0288(COD)
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2
Article 72 – paragraph 1 – subparagraph 2
In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into accountpromote long- term end-user interests related to investment in the deployment and take-up of next-generation networks, and in particular of very high capacity networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.
Amendment 438 #
2016/0288(COD)
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 3
Article 72 – paragraph 1 – subparagraph 3
National regulatory authorities shall not impose or maintain obligations pursuant to this Article, for new network elements where their deployment contributes to the availability of very-high capacity networks, or where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective and non discriminatoryion of access.
Amendment 444 #
2016/0288(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a
Article 74 – paragraph 1 – subparagraph 1 – point a
(a) the deployment of the new network elements either (i) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or (ii) is conducted by a single undertaking that provides a wholesale offer on terms which favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; mechanisms for risk-sharing; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;
Amendment 447 #
2016/0288(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c
Article 74 – paragraph 1 – subparagraph 1 – point c
(c) access seekers not participating in the co-investmentone of the deployment models listed in point (a) can benefit from the same quality, speed, conditions and end- user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;.
Amendment 448 #
2016/0288(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2
Article 74 – paragraph 1 – subparagraph 2
Amendment 452 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall ensure that all end-usconsumers in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.
Amendment 606 #
2016/0288(COD)
Proposal for a directive
Article 96 – paragraph 3 – introductory part
Article 96 – paragraph 3 – introductory part
3. Member States may require that both, national authorities and the undertakings, providing internet access services or publicly available number- based interpersonal communications services distribute public interest information free of charge to existing and new end-users, where appropriate, by the same means as those they ordinarily use in their communications with end-users. In such a case, that public interest information shall be provided by the relevant public authorities in a standardised format and shall, inter alia, cover the following topics:
Amendment 607 #
2016/0288(COD)
Proposal for a directive
Article 96 – paragraph 3 – point a
Article 96 – paragraph 3 – point a
(a) the most common uses of internet access services and publicly available number-based interpersonal communications services to engage in unlawful activities or to disseminate harmful content, particularly where it may prejudice respect for the rights and freedoms of others, including infringements of copyright and related rights, and their legal consequences; and
Amendment 669 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 1
Article 102 – paragraph 1
1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, are able to access the emergency services and of private electronic communication networks, are able to access the emergency services, or, where applicable, the internal emergency services, through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number ‘'112’' and any national emergency number specified by Member States.
Amendment 675 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 2
Article 102 – paragraph 2
2. Member States, in consultation with national regulatory authorities and, emergency services and providers of electronic communications services, shall ensure that undertakings providing end- users with number-based interpersonal communications service for originating communications to a number in a national telephone numbering plan provide access to emergency services through emergency communications to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the oblig to the extent such emergency communications can reasonably be provided using location infor undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c)mation that is available to number- based interpersonal communications service providers and in a manner that is consistent with the Member State's existing emergency calling infrastructure.
Amendment 702 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and if available, handset- derived caller location information. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘'112’'. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.
Amendment 719 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 7 a (new)
Article 102 – paragraph 7 a (new)
7a. The Commission shall maintain a database of E.164 numbers of European emergency services to ensure that they are able to contact each other from one Member State to another.
Amendment 723 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 7 b (new)
Article 102 – paragraph 7 b (new)
7b. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient 'Reverse- 112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.
Amendment 98 #
2016/0151(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the study on "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016,
Amendment 99 #
2016/0151(COD)
Draft legislative resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the study "Analysis of the implementation of the provisions contained in the AVMSD concerning the protection of minors", published by the European Audiovisual Observatory in November 2015,
Amendment 112 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article 1 a (new)
Chapter II – Article 1 a (new)
Amendment 410 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article –2 (new)
Chapter II – Article –2 (new)
Amendment 416 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point 2
Article 1 – paragraph 1 – point 1 – point 2
Directive 2010/13/EU
Chapter II – Article –2 a (new)
Chapter II – Article –2 a (new)
Amendment 60 #
2016/0149(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to improve the affordability of cross-border parcel delivery services, especially for users in remote or sparsely populated areas and for SMEs and micro-enterprises, it is necessary to improve the transparency of public lists of tariffs for a limited set of cross-border parcel delivery services offered by universal service providers, which are mostly used by small and medium-sized enterprises and individuals. Transparency of public lists is also necessary to address the issue of high tariffs of cross-border delivery services and to reduce, where applicable, unjustified tariff differences between national and cross-border parcel delivery services.
Amendment 61 #
2016/0149(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In view of the fact that, according to Flash Eurobarometer 413, a majority of companies that sell, used to sell or tried to sell online considered high delivery costs together with expensive complaints process and guarantees to be a problem when selling online, further action is needed to ensure that all retailers and consumers, in particular small and micro enterprises and consumers in remote areas, fully benefit from seamless cross- border parcel delivery services, which are accessible and affordable, without ignoring that consumers have expectations to buy with "free delivery", like they stated in the answers to 2015 Public Consultation on Cross-Border Parcel Delivery.
Amendment 81 #
2016/0149(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market. However, in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market, a threshold should be applied, based on the number of persons working on average for the service provider and involved in the provision of parcel delivery services in the Member State in which the provider is established, unless that provider is established in more than one Member State.
Amendment 101 #
2016/0149(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Universal service providers providing pParcel delivery service providers may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks. For reasons of non- discrimination, competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements. It may be justified that terminal rates payable by third-party parcel delivery service providers, in some cases, exceed those payable by unparcel deliversaly service providers that are parties to such agreements. This may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up, operating and administering the agreement, the extra cost incurred by accepting and handling items from non-designatedthird-party parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third-party service provider in the originating Member State. Whenever the parcel delivery service provider concludes multilateral agreements on terminal rates, equal and non-discriminatory third party access to certain cross-border parcel delivery services provided under such multilateral agreements should encourage competition, be cost-oriented, benefit consumers and result in a more efficient use of existing networks, particularly in rural and remote areas.
Amendment 107 #
2016/0149(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In practice and for operational reasons, the point at which access should be provided is the inward office of exchange, whichunless parties agree on an alternative point in the network. The inward office of exchange is an office or a facility determined by unparcel deliversaly service providers in the destination Member State for handing over incoming postal items other than items of correspondence.
Amendment 134 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point -a (new)
Article 2 – paragraph 2 – point -a (new)
(-a) "parcel" means an item delivered by the Universal Service Provider or by other Parcel delivery service provider different from an item of correspondence, with or without commercial value, and with a weight not exceeding 31,5 kg;
Amendment 157 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. All parcel delivery service providers, including those parcel delivery services using alternative business models and e-commerce platforms, shall submit the following standardized information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
Amendment 170 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. By 31 March of each calendar year, all parcel delivery service providers including those parcel delivery services using alternative business models and e- commerce platforms shall submit the following information to the national regulatory authority of the Member State in which they are established, unless the national regulatory authority has already requested and received such information: :
Amendment 188 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) the number of postal items other than items of correspondence and not exceeding 31,5 kg handled in the Member State in which the provider is established in the previous calendar year, broken down into national, incoming and outgoing cross- border postal items.arcels;
Amendment 191 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall, by means of an implementing act, establish a form for the submission of the information referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9 adopt delegated acts in accordance with article 9.1 in order to supplement this Regulation by laying down a standardized form for the submission of the information referred to in paragraph 1 of this Article.
Amendment 210 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. UnAll parcel deliversaly services providers providing parcel delivery servicand their subsidiaries shall provide the national regulatory authority of the Member State in whichere they are established with the public list of tariffs applicable oin 1 January of eachthe previous calendar year for the delivery of postal items falling within the categories listed in the Annex. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 277 #
2016/0149(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. UnParcel deliversaly service providers referred to in paragraph 1 shall publish a reference offer following a request by the SME seeking access. The reference offer shall contain all the relevant sales associated terms and conditions, including prices.
Amendment 280 #
2016/0149(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. UnParcel deliversaly service providers referred to in paragraph 1 shall upon request, and based on a reference offer, make an individual offer available to a parcel delivery service provider requestthe SMEs seeking access within the meaning of that paragraph at the latest one month after the receipt of the request. UnParcel deliversaly service providers receiving an access request and providers requesting access shall negotiate in good faith.
Amendment 282 #
2016/0149(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. When no agreement is reached on the basis of the individual offer referred to in paragraph 6, the parcel delivery service provider requestSME seeking access may submit the individual offer made by the unparcel deliversaly service provider to the national regulatory authority. If necessary, the national regulatory authority shall change the individual offer to give effect to the obligations laid down in this Article.
Amendment 54 #
2016/0132(COD)
Amendment 407 #
2016/0131(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission and Member-States, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.
Amendment 426 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases efficiently and correctlyin accordance with EU law.
Amendment 438 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate with the Agency and shall facilitate and actively support any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.
Amendment 440 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall assess the capacity and readiness of Member States to meet challenges from possiblresent and future disproportionate pressure on their asylum and reception systems. The Agency may request Member States to provide it with their contingency planning for measures to be taken to deal with such possible disproportionate pressure and shall assist Member States to prepare and review their contingency planning, where necessary.
Amendment 443 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. The previous paragraphs are without prejudice to the competences of the European Commission foreseen in the Treaties, including article 258 on the Treaty on the Functioning of the European Union.
Amendment 444 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3 b (new)
Article 13 – paragraph 3 b (new)
3 b. For the purposes of paragraph 1, the Agency shall receive anonymised data from Eurodac in real time.
Amendment 466 #
2016/0131(COD)
2 a. If an on-site visit reveals serious deficiencies deemed to jeopardize the functioning of the CEAS or to constitute a serious threat to public policy or internal security within the area without internal borders, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall inform the European Parliament and the Council as soon as possible thereof.
Amendment 480 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5 a. Upon request of the European Parliament, the Agency shall transmit any document pertaining to the monitoring exercise.
Amendment 490 #
2016/0131(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. If an on-site visit reveals serious deficiencies deemed to jeopardize the functioning of the CEAS or to constitute a serious threat to public policy or internal security within the area without internal borders, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall inform the European Parliament and the Council as soon as possible thereof.
Amendment 493 #
2016/0131(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Upon request of the European Parliament, the European Commission shall transmit any document pertaining to the monitoring exercise.
Amendment 504 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point i a (new)
Article 16 – paragraph 3 – point i a (new)
(i a) Assist Member States in ensuring all the necessary safeguards for vulnerable groups are in place;
Amendment 522 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Management Board shall, on a proposal of the Executive Director, decide by a three-fourths majority of members with a right to vote on the profiles of experts and on the share that each Member State shall contribute to constitute the asylum intervention pool. The same procedure shall apply to any subsequent changes in the profiles and the overall number of experton the profiles of experts. The Agency may verify whether the experts proposed by the Member States correspond to the defined profiles.
Amendment 528 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. Each Member State shall be responsible for its contribution to the number of experts, as referred to in paragraph 1, in accordance with Annex Ia.
Amendment 529 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3 b. if a situation arises in which more experts are required than provided for under paragraphs 1, the executive director shall immediately inform the European Parliament, the Council and the Commission. He or she shall also call upon the Council to seek commitments from Member States to meet the shortage.
Amendment 566 #
2016/0131(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where in the event ofasylum or reception systems are rendered ineffective to the extent of jeopardising the functioning of the CEAS because (a) a Member State facing disproportionate pressure on the asylum or reception systems a Member State does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to address that pressure,; or where it(b) a Member State does not comply with the Commission's recommendations referred to in Article 15(3), thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the CEAS, the Commission may adopt a decision by means of an implementing act, identifying one or more of the measures set out in Article 16(3) to be taken by the Agency to support the Member State concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64.
Amendment 570 #
2016/0131(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The Member State concerned shall comply with the Commission decision referred to in paragraph 3. For that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the executive director.
Amendment 572 #
2016/0131(COD)
Proposal for a regulation
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7 a. If the Member State concerned does not comply with the Commission decision referred to in paragraph 3 within 30 days and does not cooperate with the Agency as provided for under paragraph 6 of this article, the Commission may trigger the procedure provided for in Article 29 of Regulation (EU) 2016/399.
Amendment 578 #
2016/0131(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. The Agency shall be responsible for ensuring the security of its own equipment throughout the life cycle of the equipment.
Amendment 599 #
2016/0131(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3 a. With regard to the processing of personal data under Article 17, the host Member State shall be considered as a data controller in accordance with Union data protection rules.
Amendment 620 #
2016/0131(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
The Agency shall cooperate with international organisations, in particular UNHCR, in areas governed by this Regulation, within the framework of working arrangements concluded with those bodies, in accordance with the Treaty and the provisions on the competence of those bodies. The Agency can enter into emergency standby agreements with international organizations and non-governmental organizations to complement the Agency operational and technical assistance to Member States, in particular by setting up reception facilities, providing information to asylum seekers or providing for specific needs of vulnerable groups. The Management Board shall decide on the working arrangements which shall be subject to prior approval of the Commission. The Agency shall inform the European Parliament of any such arrangements.
Amendment 642 #
2016/0131(COD)
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board from a list of at least three candidates proposed by the Commission, following an open and transparent selection procedure. The Executive Director shall be appointed on the ground of merit and documented high- level administrative and management skills as well as senior professional experience in the field of migration and asylum.
Amendment 645 #
2016/0131(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. Before appointment, the candidate selected by the Management Boards proposed by the Commission may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. Following such a statement, the European Parliament shall adopt an opinion setting out its views and may indicate a preferred candidate. The Management Board shall appoint the executive director taking these views into account. The management board shall take its decision by a two thirds majority of all member with a right to vote. If the Management board takes a decision to appoint a candidate other than the candidate whom the European Parliament indicated as its preferred candidate, the management board shall inform the European Parliament and the Council in writing of the manner in which the opinion of the European Parliament was taken into account.
Amendment 653 #
2016/0131(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 654 #
2016/0131(COD)
Proposal for a regulation
Article 47 – paragraph 2 a (new)
Article 47 – paragraph 2 a (new)
2 a. The deputy executive director shall be appointed by the management board on the proposal of the executive director. The deputy executive director shall be appointed on the grounds of merit and appropriate administrative and management skills as well as senior professional experience in the field of migration and asylum. The executive director shall propose at least three candidates for the post of deputy executive director. The management board shall take its decision by a two thirds majority of all members with a right to vote.
Amendment 677 #
2016/0131(COD)
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
1 a. Classified information shall be made available to the European Parliament in accordance with this Regulation. The transmission and handling of information and documents transmitted to the European Parliament in accordance with this Regulation shall comply with the rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.
Amendment 684 #
2016/0131(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Amendment 19 #
2016/0070(COD)
Proposal for a directive
Citation 3 a (new)
Citation 3 a (new)
Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity,
Amendment 25 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty on the Functioning of the European Union in Article 56 provides that restrictions on the freedom to provide services are prohibited.
Amendment 39 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherensure that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers.
Amendment 270 #
2016/0014(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities and, the Commission, type approval documentation and third parties, disclosure of vehicle and testing information is necessary to carry out such checks. Relevant information for repair and maintenance purposes should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data. The information to be disclosed for these purposes is not be of the nature as to undermine confidentiality of proprietary information and intellectual property.
Amendment 305 #
2016/0014(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm. Particular attention must be given to replacement equipment, systems and technical units that affect the environmental impact of the exhaust system and that these must be subject to authorization requirements where appropriate.
Amendment 337 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) `original parts or equipment´ means parts or equipment which are manufactured according to the specifications and production standards provided by the vehicle manufacturer for the production of parts of equipment for the assembly of the vehicle in question. This includes parts or equipment which are manufactured on the same production line as these parts of equipment. It is presumed unless the contrary is proven, that parts constitute original parts if the part manufacturer certifies that the parts match the quality of the components used for the assembly of the vehicle in question and have been manufactured according to the specifications and production standards of the vehicle manufacturer;
Amendment 358 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 56 a (new)
Article 3 – paragraph 1 – point 56 a (new)
(56a) 'defeat device' means any functional element of design, when functioning accordingly, that prevents the vehicle's approved control and monitoring systems from being effective and efficient as well as prevents compliance with the approval requirements under the whole spectrum of real-world driving conditions.
Amendment 388 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member States shall periodically review and assess the functioning of their type-approval activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States, the European Parliament and the Commission. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of type-approval granted and the identity of the corresponding manufacturers.
Amendment 396 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. The Member States shall ensure that the market surveillance authorities and the type-approval authorities can properly perform the tasks foreseen by this regulation. To this end, they shall in particular equip them with the resources necessary for that purpose.
Amendment 417 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory test, real-driving emissions tests, including on-road remote sensing as well as portable emissions measurement systems, and laboratory tests of vehicle emissions on the basis of statistically relevant samples. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information. For the sample checks, market surveillance authorities shall use 0.5 samples per 1,000 new vehicles, per components or per separate technical units each sold per year as an indicative target for each Member State.
Amendment 423 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Sufficient and effective market surveillance is key to ensure that products put on the market effectively comply with legislation in terms of safety and environmental protection. Although funding is key, budget for the market surveillance activities should not impose extra costs on consumers.
Amendment 500 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. This data shall in particular comprise parameters and settings that are necessary to accurately replicate test conditions that were applied at time of the type-approval testing. The data does not cover specific design details and technical specifications of parts and elements of the vehicle which do not need to be adjusted or altered I order to replicate the test conditions. The Commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 505 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The Commission should guarantee that such data are made available for the purpose of further testing and follow up in order to use every evidence to avoid any neglecting.
Amendment 519 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish a report of its findings following any compliance verification testing it has carried out. It shall submit the report to the European Parliament.
Amendment 523 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 a (new)
Article 9 – paragraph 5 – subparagraph 3 a (new)
The Commission shall guarantee a unified implementation and enforcement of the rules across the single market.
Amendment 548 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
The Forum should oversee the work of national regulators, contribute to the promotion of good practice, assist member states in market surveillance, assess the results of reviews and issue recommendations and apply sanctions if necessary. It should also ensure that the EU law is applied in a uniformly strict and consistent manner.
Amendment 549 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 b (new)
Article 10 – paragraph 2 – subparagraph 1 b (new)
In order to ensure transparency of its work vis-à-vis third parties and non- governmental organizations interested in the enforcement of legislation in automotive sector, at least once a year the Forum shall meet in an extended composition and invite those third parties and non-governmental organisation to attend the meeting.
Amendment 560 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
The Commission should guarantee that independent third parties could to bring their test results for consideration by the Forum and the Commission should follow-up on such suspicion.
Amendment 589 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. The manufacturer shall, to protect the environment, health and safety of consumers, investigate and keep a register of complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he placed on the market and keep his importers and distributors informed of such monitoring. If the number of complaints and/or non- conformities concerning safety or emission related equipment exceed 30 cases or 1 per cent of the total of vehicles, which ever value is higher, systems, components, separate technical units, parts or equipment of a particular type, variant and/or version that have been placed on the market, detailed information shall be sent to the relevant approval authority responsible for the vehicle, system, component, separate technical unit, part or equipment as well as to the Commission without delay. The information shall contain a description of the issue and details necessary to identify the affected type, variant and/or version of the vehicle, system, component, separate technical unit, part or equipment. This early warning data shall be used for identifying potential trends in consumer complaints and investigating the need for manufacturer initiated recalls and/or market surveillance activities by Member states and the Commission.
Amendment 594 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A manufacturer who considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate. These corrective measures shall be provided free of charge for the vehicle owner.
Amendment 636 #
2016/0014(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A distributor shall verify, before making available on the market, registering or entering into service of a vehicle, system, component or separate technical unit, that that vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, required by Article 63, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 11(7) and Article 14(4) respectively. 2. The distributer shall, to protect the environment, health and safety of consumers, investigate complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. Furthermore, all complaints and/or non-conformities concerning environmental or safety aspects of the vehicle shall be communicated to the importer or manufacturer without delay.
Amendment 671 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and technical services shall have access to the software and algorithms of the vehicle. during the entire life cycle of the vehicle not only during type approval. Continuous verification of the software status during periodic technical inspections is necessary. The information to be disclosed for these particular purposes is not to be of the nature as to undermine confidentiality of proprietary information and intellectual property.
Amendment 714 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. The checks shall be carried out frequently without paralyzing the system and at random intervals.
Amendment 736 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The fee structure should be set to achieve the aim of this regulation. Adequate financing shall enable both type-approval and market surveillance authorities to function according to the specific needs of this regulation.
Amendment 742 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees regarding type- approvals activities shall be levied on the manufacturers who have applied for type- approval in the Member State concerned. Fees shall not be levied directly by technical servicesThe national fees regarding market surveillance activities shall be levied by the Member State I which the products are placed on the market. Fees shall not be levied directly by technical services. Member States should set up a fee system of their own in order to ensure that the required funds are secured.
Amendment 767 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Type-approvals for vehicles, systems, components and separate technical units shall be issued for a limited period of 5 years without the possibility of prolongation of categories M1 and N1 shall be issued for a limited period of 5 years and for vehicles of categories N2, N3, M2, M3 and O for a limited period of 8 years. The expiry date shall be indicated in the type-approval certificate. After the expiry of tThe type-approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle, system, component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles, systems, components and separate technical units of that types.
Amendment 776 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis;; the production of a vehicle shall be considered permanently discontinued when no vehicle of the type concerned was produced over a period of two years.
Amendment 793 #
2016/0014(COD)
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. In addition, more flexibility should be granted to SMEs with small production that cannot meet the same time constraint criteria as large manufacturers.
Amendment 803 #
2016/0014(COD)
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 2
Article 47 – paragraph 3 – subparagraph 2
The national type-approval authority concerned shall decide, within three months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted.
Amendment 846 #
2016/0014(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, accompanied by a certificate of conformity, or systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission may take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliantshall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance with those requirements, or take restrictive measures, either to withdraw the vehicles, systems, components or separate technical units, or to withdraw them from thate market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformityor to recall it within a reasonable period, depending on the nature of the risk.
Amendment 868 #
2016/0014(COD)
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 2
Article 55 – paragraph 4 – subparagraph 2
For the purposes of this paragraph, original parts or equipment means parts or equipment that are manufactured according to the specifications and, production and performance standards provided by the vehicle manufacturer for the assembly of the vehicle in question.
Amendment 886 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2 a (new)
Article 58 – paragraph 1 – subparagraph 2 a (new)
The Commission should ensure throughout the Forum that EU harmonised approach is applied toward EU citizens and granting them the same right on the single market.
Amendment 906 #
2016/0014(COD)
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 1
Article 65 – paragraph 2 – subparagraph 1
Until the Commission has adopted the relevant standard through the work of the European Committee for Standardization (CEN) or comparable standardisation bodies, the vehicle OBD and vehicle repair and maintenance information shall be presented in an easily accessible mannerand machine-readable manner and electronically processable datasets that can be processed by independent operators with reasonable effort.
Amendment 967 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) category B: supervision of the tests and of their preparation referred to in this Regulation and in the acts listed in Annex IV, where those tests are performed in the manufacturer’s facilities or in the facilities of a third party;
Amendment 988 #
2016/0014(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. An in-house technical service of a manufacturer may be designated for category A activities as referred to in Article 72(1)(a) only with regard to the regulatory acts listed in Annex XV. An in- house technical service shall constitute a separate and distinct part of the manufacturer's company and shall not be involved in the design, manufacturing, supply or maintenance of the vehicles, systems, components or separate technical units that it assesses. An independence of the two bodies has to be ensured via separate accreditation of the different bodies or any other means that prevents potential conflicts of interest.
Amendment 1072 #
2016/0014(COD)
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. Type-approval authorities shall communicate to each other and the Commission not later withain two years after the entry into force of this Regulationhe Forum authority and decide on a timeline of the model for assessment check-list used in accordance with Article 77(1) and thereafter the adaptations made to this check-list until the Commission has adopted a harmonised assessment check- list. The Commission shall be empowered to adopt implementing acts to establish the template of the assessment check-list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 1110 #
2016/0014(COD)
Proposal for a regulation
Article 90 – paragraph 3
Article 90 – paragraph 3
3. The amounts of administrative fines shall be considered as revenueadministrated by the Member States and used for the gbeneral budget of the European Unionfit of consumers negatively affected by the infringement.
Amendment 1122 #
2016/0014(COD)
Proposal for a regulation
Annex XIII – part I – table
Annex XIII – part I – table
Item No Item description Performance Test procedure Marking Packaging requirement requirement requirements 1 […] 2 3 Exhaust Gas catalysts NOx EURO Vehicle Type and their substrates emissions standards and version 2 Turbochargers CO2 and NOx EURO Vehicle Type emissions standards and version 3 Fuel/ Air mixture CO2 and NOx EURO Vehicle Type Compressor systems emissions standards and version other than Turbochargers 4 Diesel Particle Filters PM EURO Vehicle Type standards and version
Amendment 6 #
2015/2326(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the impact of effective application of EU law on strengthening the credibility of the EU institutions; appreciates the importance attributed in the report to petitions submitted by citizens, businesses and civil society organisations as a means of monitoring the application of EU law through citizens’' direct expression of their views, a right enshrined in the Lisbon Treaty and an important element of European citizenship; emphasizes the role of petitions to draw the attention of the Parliament and Commission to shortcomings in the application of EU law by the Member States; notes that parliamentary questions and petitions serve as useful alerting tools addressed to the Commission indicating weaknesses in the application of the EU law;
Amendment 11 #
2015/2326(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Notes that in 2014 3715 new complaints were registered and the total number of complaints increased by 5.7%; notes the number of new EU Pilot files which was 1208 in 2014; acknowledges the number of processed complaints and EU Pilot files in 2014 and appreciates the 75% resolution rate of EU Pilot files as quick and effective problem solving method;
Amendment 12 #
2015/2326(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges the administrative guarantees granted to complainants, such as the provision of information, and notification, in respect of their complaints, as also requested by the Committee on Petitions in its 2015 opinion on the aforementioned report; welcomes the renewed 'Applying Union law' web section of the Europa portal which gives citizens relevant information about how EU law has been applied in the Member States and about how to file a complaint; welcomes the better on-line accessibility of the decisions on infringements; notes that some improvements are desirable in the practices of the Commission regarding the information delivered for citizens in processing their complaints;
Amendment 16 #
2015/2326(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the positive impact of EU Pilot on the exchange of information between the Commission and the Member States, and on the resolution of problems relating to the application of EU law at national level; stresses that this can also provide valuable information for pending petitions; welcomes the Member States' increasing efforts to settle infringement cases before the Court procedure stage; notes that preliminary rulings help clarify questions on application of the EU law and can prevent infringement procedures;
Amendment 19 #
2015/2326(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the commitment shown by Commission services to strengthening the exchange of information with the Committee on Petitions, and reiterates its requests for improved communication between the two parties, in particular with regard to the initiation and conduct of infringement procedures by the Commission, including the EU Pilot procedure, and for efforts to be made to provide the Committee on Petitions with information within a reasonable timeframe, thus allowing it to respond to citizens’' requests more effectively; recalls its repeated request to the Commission to take into account in its monitoring and legislative work the reports and findings of the Committee on Petitions;
Amendment 38 #
2015/2326(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes the importance attributed to Better Regulation and to the EU regulatory fitness (REFIT); the REFIT programme should be strengthened and also include measuring and reducing administrative burdens faced by citizens; believes that this programmes form part of a greater effort to improve the quality of EU legislation and – it is to be hoped – should have a positive impact on the number of petitions submitted.
Amendment 52 #
2015/2147(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas digitalisation is faster than politics and politicians needs to see themselves as enablers and facilitators rather than just regulators in order to provide a future-proof digital framework;
Amendment 86 #
2015/2147(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the digital revolution already is underway and empowers consumers, entrepreneurs every day and affects every aspect of our life;
Amendment 109 #
2015/2147(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas e-commerce is an important complement to offline trade, providing opportunities for small companies to grow as well as greater access to goods and services also in remote areas, the countryside and for people with disabilities and less mobility;
Amendment 131 #
2015/2147(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a high and consistent level of consumer protection and satisfaction across all digital services necessarily entails choice, flexibility, information and trust in a secure online environment with high-level of data protection;
Amendment 253 #
2015/2147(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need for the Commission and Member States to promote a more dynamic economy for innovation to flourish and for companies to scale up, through the development of e- government, a modernised regulatory frameworkand non-regulatory framework for the digital economy that is fit for investments in enhanced digital infrastructures fit for the emergence and scale- up of innovative businesses, and a long term investment strategy into boost digital infrastructure, skills, research and innovation;
Amendment 271 #
2015/2147(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to support the digitalisation of industry through an agenda for smart industry, including by facilitating EU and global standards- setting and interoperability;
Amendment 288 #
2015/2147(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, in cooperation with Member States, to further develop initiatives to boost entrepreneurship that range from changing the mind-set on how success is defined to promoting an entrepreneurial and innovation culture; believes, in addition, that the diversity and specific attributes of the different national innovation hubs could be turned into a real competitive advantage for the EU on the global market if they are effectively interconnected;
Amendment 323 #
2015/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned about the different national approaches taken to regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market and the internet as an open and global platform for communication and innovation as well as safeguard citizens' interest in consistent consumer protection standards across all digital services and fair competition in the digital economy;
Amendment 395 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of reliable information and transparency as consumers must be able to compare not only prices, but also quality and sustainability of goods and services online;
Amendment 425 #
2015/2147(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Suggests that the Commission introduces an "e-commerce test" for internal market proposals, in order to ensure that they do not create additional obstacles or fragmentation both to offline and online commerce;
Amendment 577 #
2015/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes the view that geo-blocking in the internal market de facto encourages piracy; Considers that ambitious actions are needed to improve access to legal digital content, in particular by ending geo- blocking practices and unfair price discrimination based on geographical location;
Amendment 710 #
2015/2147(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that sincwhile the development of over-the-top and other digital services hasve increased demand and competition to the benefit of consumers, modernisation of the telecommunication framework shouldconsumer protection standards are fragmented. Therefore modernisation of the telecommunication framework should aim at consistent level of consumer rights across digital industry, not lead to more regulatory burdens, but shouland drive innovation and fair competition across digital markets;
Amendment 911 #
2015/2147(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stress that appropriate intermediary liability protections have underpinned the development of an open internet and are crucial for the protection of fundamental rights in particular freedom of expression;
Amendment 924 #
2015/2147(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers, in order to ensure trust in digital services, that increased resources from the public and private sector are required to strengthen the security of IT systems, critical infrastructure and online networks and the encryption of communication, to improve cyber-attack prevention and to increase knowledge of basic security processes among users of digital services; calls for the harmonised EU response in the area of cybersecurity;
Amendment 7 #
2015/2140(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that effective EU competition policy has to be in place in order to enable consumers to benefit from the digital single market; notes that consumers are at the heart of the digital single market, with consumer spending accounting for approximately 56% of EU GDP;
Amendment 31 #
2015/2140(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regards it as essential to guarantee fair terms of competition on the digital market and to combat the abuse of dominant positions; considers it important, in particular, to make the on-line research, e-commerce, and advertising market more open and transparent, and regards it as vital to guarantee an open and neutral netthe principle of net neutrality, namely fair, open and non-discriminatory internet access, as a prerequisite for fair competition and market cohesion to the benefit of consumers and businesses;
Amendment 48 #
2015/2140(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the promotion and the implementation of e-governance systems in all Members States is instrumental for the efficient monitoring of infringements and for ensuring transparency in both the public and the private sector;
Amendment 55 #
2015/2140(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Underlines that SMEs are the backbone of a competitive EU economy; regards it as essential to ensure that anti- competitive behaviour does not disproportionally hamper smaller businesses and start-ups in expanding and innovating;
Amendment 4 #
2015/2110(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
- having regard to the proposal for a directive of the European Parliament and the Council on combatting terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism
Amendment 40 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the phenomena of organised crime, corruption and money laundering usually have a cross-border dimension that requires close cooperation in between the competent national authorities and between national authorities and the relevant EU agencies;
Amendment 47 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses that illicit trade in firearms, oil, drugs, cigarettes and counterfeit goods and artworks and other cultural objects by networks of organised crime have become very lucrative ways for terrorist groups to obtain funding. Calls on the Member States to take necessary measures, while avoiding undue administrative burden for economic actors, to ensure that terrorist groups and criminal networks may not benefit from any trading in goods; Considers that appropriate due diligence, monitoring and reporting requirements for goods whose trading is considered to be vulnerable to terrorist financing could have a preventative effect by materially impairing the trading activities of organised criminal groups and terrorist groups and by helping to track and prosecute organised crime and other commercial activities of terrorist organisations and criminal crime networks more effectively.
Amendment 49 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Points out that money laundering through complex company structures and their integration to legal economic activity can be a threat for the public order of the state; calls on Member States to establish measures, without unduly burdening small and medium sized enterprises, to increase the transparency of monetary actions and to improve the traceability of transactions back to natural persons in order to trace down criminal and terrorist funding ("follow the money" principle). Calls on Member States to take measures which make it more difficult to create complex and dense structures of interlocked companies which by the fact that they tend to be non-transparent can be abused for the financing of criminal or terrorist activities and other serious crimes;
Amendment 50 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Reiterates the call expressed in its resolution of 23 October 2013 on organised crime, corruption and money laundering: recommendations on action and initiatives to be taken, for the adoption of European Action Plan to eradicate organised crime, corruption and money laundering. Stresses that, in order to ensure its effectiveness, the plan should have adequate financial resources and qualified staff;
Amendment 56 #
2015/2110(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the establishment of a specialist Europol unit to combat organised criminal groups which operate in several sectors at the same time; t and via the Internet on a large scale; Stresses the necessity of Member States to exchange information about organized crime networks with each other and via Europol and Eurojust; Takes the view that the Member States should set up a body with responsibility for ensuring that investigations into organised crime are properly coordinated;
Amendment 58 #
2015/2110(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission and on Member States to provide Europol and Eurojust with more staff and resources in order for them to be able to fulfil their increasing mandate and to better coordinate efforts made by national authorities in the fight against organised crime and terrorism;
Amendment 79 #
2015/2110(INI)
Motion for a resolution
Paragraph 10 – point c
Paragraph 10 – point c
(c) legislation to protect whistle- blowers, witnesses and persons who cooperate with the judicial process including a definition of "whistle blowers";
Amendment 92 #
2015/2110(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office as an essential piece of the action plan with clearly defined responsibilities and powers; calls on the Member States to provide the necessary human and financial resources for the creation of the EPPO;
Amendment 116 #
2015/2110(INI)
12. Deplores the fact that cross-border police and judicial cooperation involvesCalls on the Member States to increase the resources for Europol and Eurojust to strengthen police and judicial cooperation between the Member States and to decrease excessively lengthy, bureaucratic procedures that hamper its efficiency and jeopardise the effectiveness ofin the fight against organised crime at EU level; calls on the Member States to increase the resources they devote to cross- border police and judicial cooperation, to guarantee the mutual admissibility of evidence between Member States, to ensure that greater use is made of joint investigation teams and to employ a common system for communication and for exchanging information relevant to the fight against organised crime and corruption;
Amendment 1 #
2015/2086(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the best interest of the child must be the paramount ofchildren is of highest importance, which must be also the main criterion when taking any kind of decision related to their adoption of a child; calls on Member States to ensure the implementation of the children's right to freely express their views and have these taken into consideration according to their age and maturity, as enshrined in art. 24 CFR;
Amendment 7 #
2015/2086(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States to avoid heavy bureaucracy in the process of recognition of Conventionalinter-country adoptions already recognised in another EU Member State so as to ensure a correct implementation of the 1993 Hague Convention; invites EU Member States to encourage non-contracting States to join the 1993 Hague Convention, which would guarantee that all children benefit from the same standards, and help avoid a parallel system with less safeguards;
Amendment 19 #
2015/2086(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States, in case of proceedings related to non-consensual adoptions with cross-border aspects, to systematically implement the provisions of the Vienna Convention on Consular Relations of 1963 and to make sure that the authorities of the States of origin of the parents involved have been properly informed without any delay;
Amendment 23 #
2015/2086(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member sStates to ensure, when accurate, the implementation of articles 15 and 55 of theon the transfer of the case to a court better placed to hear it and article 55 regarding principles of cooperation on cases specific to parental responsibility of Council Regulation n°(EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility;
Amendment 26 #
2015/2086(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States, in case of adoption, to to agree on a minimum threshold for the duration of cross-border adoption procedures, ensureing that the relatives of the birth parents have had a real opportunity to apply as permanent carer of the chiladopters of the child; draws, in this regard, attention to international standards and recalls article 8 of the UN Convention on the Rights of the Child (UNCRC), underlining the obligation of governments to respect and protect children's identity, including their family relations. Recalls, furthermore, article 20 UNCRC, which states that when considering different solutions such as foster placement, adoption or placement in suitable institutions for the care of children, due regard shall be paid to the desirability of continuity in a child's upbringing and the child's ethnic, religious, cultural and linguistic background;
Amendment 34 #
2015/2086(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Asks the Member States authorities involved in adoption proceedings to make all the possible efforts in order not to separate siblings.; recalls, in this regard, article 8 UNCRC, underlining the obligation of governments to respect and protect children's identity, including their family relations;
Amendment 35 #
2015/2086(INL)
Draft opinion
Paragraph 8 – point 1 (new)
Paragraph 8 – point 1 (new)
(1) Underlines the necessity to improve support structures for families; therefore, calls on the Commission and Member States to co-finance and promote the set- up of networks of NGOs providing assistance to EU citizens who live with their families in another Member State and require additional help in their cooperation with child welfare services and local authorities;
Amendment 155 #
2015/2065(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the recent step by the Supply Chain Initiative that enables SMEs and micro-enterprises to join under a simplified procedure; points out that the number of SMEs registered has steadily increased and that they are now more numerous than larger entities;
Amendment 161 #
2015/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 209 #
2015/2065(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 229 #
2015/2065(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 249 #
2015/2065(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes strongly that a single, clear, precise and binding definition of UTPs sAcknowledges and supports the principles of good practises in the vertical relationships called for in the European Parliament report on a more fair and efficient retail market which was agreed on by all relevant stakehould be drawn up, so as to allow effective rules to be laid dowers and includes clear and precise definitions of UTPs so as to allow proper action to be taken with a view to combating such practices;
Amendment 260 #
2015/2065(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for due account to be taken, when drafting rulmeasures in this area, of the specific features of each market and the legal requirements obtaining on it, the different situations and approaches in individual Member States, the degree of consolidation or fragmentation of individual markets, and other significant factors; takes the view that such regulatory efforts should ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market and should be based on the general principle of improving enforcement by involving the relevant public agenciesbodies and the national platforms of the Supply Chain Initiative;
Amendment 268 #
2015/2065(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls onSupports the Commission to assesss ongoing assessment of the voluntary and self- regulatory schemes put in place to date and the effectiveness of the regulatory action taken at national and EU level; calls for an assessment of the likely impact of the various types of EU regulatory action that have been proposed, with due account being taken of all the possible implications for the various stakeholders and for consumer welfareon the Commission to speed up its process and put a deadline by January 2016;
Amendment 271 #
2015/2065(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to come up with concrete proposals on a way forward based on their assessment of the voluntary and self-regulatory schemes;
Amendment 1 #
2015/0314(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. RejectApproves the Commission proposal as amended;
Amendment 2 #
2015/0314(NLE)
Draft legislative resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to withdraw its proposalconsider proposing a relocation programme for the benefit of Sweden to other EU member states;
Amendment 3 #
2015/0314(NLE)
Proposal for a decision
Recital 5
Recital 5
(5) Sweden faces an emergency situation characterised by a sudden inflow of nationals of third countries in its territory due to a sharp shift of migratory flows. On 8 December Sweden formally requested the suspension of its obligations under Council Decisions (EU) 2015/1523 and (EU) 2015/1601., having to face both challenges of being a country of first arrival and final destination;
Amendment 4 #
2015/0314(NLE)
Proposal for a decision
Recital 9
Recital 9
(9) Sweden has in 2015 by far the highest number of applicants for international protection per capita in the EU (11 503 applicants per million inhabitants). and as for March 2016 Sweden has received a total of 170.104 applicants, of which 73.331 are children, 36.181 being unaccompanied minors;
Amendment 5 #
2015/0314(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) Sweden is also facing a difficult situation because of the significant recent increase in the number of unaccompanied minors, with one out of four applicants claiming to be an unaccompanied minor.unaccompanied minors, who have special needs and require additional resources in order to provide access to health care, dignified accommodation and education according to EU asylum rules;
Amendment 6 #
2015/0314(NLE)
Proposal for a decision
Recital 11
Recital 11
(11) The above situation has put a very significant strain on the Swedish asylum system, with serious practical consequences on the ground as regards the reception conditions and ability of the asylum system to deal with these applications. In order to help alleviate the significant pressure that Sweden is confronted with and to enable it to continue to receive refugees with dignity, the obligations of Sweden as a Member State of relocation under Council Decisions (EU) 2015/1523 and 2015/1601 should be suspended for the period of one year.
Amendment 7 #
2015/0314(NLE)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) The suspension is without prejudice to Sweden continuing to receive refugees;
Amendment 8 #
2015/0314(NLE)
Proposal for a decision
Article 3
Article 3
In order to support Sweden to better cope with the exceptional and disproportionate pressure on its asylum and migration systems, specific support shall be provided, as appropriate, to Sweden through relevant activities coordinated by EASO, including with deployment of hotspots if needed, and, if required, by other relevant Agencies
Amendment 44 #
2015/0287(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As regards digital content supplied not in exchange for a price but against counter-performance other than money, this Directive should apply only to contracts where the supplier requests and the consumer activeconsciously provides data for the content supplied, such as name and e- mail address or photos, directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers' photos. The contract should explicitly indicate which data are given in exchange for the content supplied. This Directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws. This Directive should also not apply to situations where the supplier collects information, including personal data, such as the IP address, or other automatically generated information such as information collected and transmitted by a cookie, without the consumer actively supplying it, even if the consumer accepts the cookie. It should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content. In relation to the processing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679.
Amendment 62 #
2015/0287(COD)
Proposal for a directive
Recital 27
Recital 27
(27) While data-driven services and technologies bring significant benefits, they also create some vulnerabilities. As recognised by the Digital Single Market Strategy a high level of network and information security is essential across the European Union to ensure respect of fundamental rights such as the right to privacy and personal datathe right to the protection of personal data online and offline, to increase user confidence and strengthen their trust in the digital economy. As software becomes pervasive, qualities such as reliability, security and adaptability to evolving needs are also becoming a prime concern. It is therefore increasingly important that those data-driven services and technologies ensure that those qualities are guaranteed, to the extent that is proportionate to the role and function those technologies play. In particular, quality in terms of security and reliability is becoming an important concern for innovative, composite services that have to rely on the interconnection of diverse systems in different domains.
Amendment 125 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. To the extent that the contract does not stipulate, where relevant, in a clear and comprehensive manner, the requirements for the digital content under paragraph 1, the digital content shall be fit for the purposes for which digital content of the same description would normally be used and in line with the legitimately expected technical standards, including its functionality, interoperability and other performance features such as accessibility, continuity and security, taking into account:
Amendment 145 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) the supplier shall take all measures which could be expectednecessary measures in order to refrain from the use of personal data as the counter- performance other than money which the consumer has consciously provided in exchange for the digital content and any other data collectproduced by the suppliconsumer in relation to the supplyuse of the digital content including any content provided by the consumer with the exception of the content which has been generatproduced jointly by the consumer and others who continue to make use of the content. In relation to the prossessing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679;
Amendment 149 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) the supplier, on request made by the consumer, shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent that data has been retained by the supplier. The consumer shall be entitled to retrieve the content free of charge, without significant inconvenience, in reasonable time and in a commonly used dataand machine-readable format;
Amendment 169 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) the supplier, on request made by the consumer, shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent this data has been retained by the supplier. The consumer shall be entitled to retrieve the content without significant inconvenience, in reasonable time and in a commonly used dataand machine-readable format; and
Amendment 173 #
2015/0287(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19 a Data Protection Processing of personal data carried out in the context of activities conducted pursuant to this Directive shall comply with the obligations under Regulation (EU) 2016/679 and Directive 2002/58/EC.
Amendment 37 #
2015/0269(COD)
Proposal for a directive
Recital 2
Recital 2
(2) As a response to recent terrorist acts which demonstrated gaps in the implementation of Directive 91/477/EEC especially with regard to deactivation of weapons, convertibility and marking rulesThe amendments to Council Directive 91/477/EEC should not result from the fact of implying any form of connection between the recent terrorist attacks and the legal use and possession of weapons within the Union, not least by hunters, persons who engage in shooting sports, and collectors. The manufacture of, trade in, and the possession and use of weapons and ammunition are legitimate activities of major recreational, sporting, and economic interest and important for job and wealth creation within the Union. However, the “European Agenda on Security” adopted in April 2015 and the Declaration of the Home Affairs Ministers Council of 29 August 2015 called for the revision of that Directive and for a common approach on the deactivation of firearms to prevent reactivation and use by criminals.
Amendment 42 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) BCollectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and shoulding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivat be able to keep and acquire firearms classified in category A subject to authorisation by the Member State concerned.
Amendment 54 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 62 #
2015/0269(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure the traceability of deactivated firearms, they should be registered in national registries, taking into account, however, the need to preserve weapons in their original form, especially if they bear no physical markings resulting from their characteristics or age.
Amendment 64 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 85 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 89 #
2015/0269(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the functioning of the information exchange between Member States, the Commission should assess the necessary elements of a system to support such exchange of information contained in the computerised data-filing systems in place in Member States. The Commission’s assessment may be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information. In addition to meeting the need to keep track of weapons held by private individuals or other bodies, in accordance with the law, such a system should enable weapons to be traced when they have been seized by, or handed over to, the authorities or forfeited to Member States, thus making it possible to ascertain what happens to weapons until such time as they are destroyed, further used, or again placed on the market.
Amendment 108 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, “deactivated firearms” shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to befrom being reactivated in any way. However, if weapons are of recognised rarity or historical value, that fact shall be taken into account for the purposes of deactivation, which may be carried out by removing one or more essential parts of a weapon so as to render it unusable. The parts removed may be handed over to appropriate official bodies for safekeeping, in order to prevent their destruction.
Amendment 111 #
2015/0269(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be specified in this Directive that the activities of a dealer include not only the manufacturing but also the modification or conversion of a firearm which classifies it for another category according to Annex I part II, such as the shortening of a complete firearm, and in addition the modification or conversion of parts of firearms and of ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This Directive should not prevent, where allowed by national law, individuals from preparing ammunition or from modifying non- essential components of firearms for personal use.
Amendment 113 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authorities or by collectors and bodies concerned with the cultural and historical aspects of weapons and recognized as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of weapons and ammunition of warproducts of the defence industry.
Amendment 130 #
2015/0269(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
Amendment 146 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weaponsIt should be possible for Member States to choose to authorise persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purpose and recognised as such by the Member State in whose territory they are established and holding in theirto possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivated. , provided that those persons demonstrate, prior to being granted authorisation, that they have taken the necessary measures to address any risks to public security or safety, including by way of secure storage. Any such authorisation should take into account and reflect the specific situation, including the nature of the collection and its purposes.
Amendment 167 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests forthe production of a medical certificate for the purposes of issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted isare no longer met.
Amendment 170 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 180 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Except where expressly provided otherwise, Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seizedensure that such weapons are forfeited to the State or, where deemed appropriate, destroyed, if they are held unlawfully.
Amendment 192 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 203 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 225 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
(8a) In addition to the necessary registration system for weapons held by private individuals or other entities, in accordance with the law, each Member State shall keep a register ensuring that weapons seized by the authorities or forfeited to the State will be traceable from the moment when they are handed over or seized until such time as they are destroyed or put to use by the authorities or again placed on the market.
Amendment 236 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A
Annex I – part II – point A – Category A
Amendment 265 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Amendment 268 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point c
Article 1 – paragraph 1 – point 14 – point c
Amendment 314 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 332 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 – paragraph 1e
Article 1 – paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer, his agents or representatives, whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country fully assembled firearms, their parts and ammunition.
Amendment 335 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 91/477/EEC
Article 1 – paragraph 1e a (new)
Article 1 – paragraph 1e a (new)
(ba) The following paragraph is inserted: "1ea. For the purposes of this Directive, "collector" shall mean any natural or legal person, other than a dealer or broker, who is dedicated to the conservation and academic or practical study of firearms, ammunition and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purposes, and who as such is licensed and registered in a public registry in the relevant Member State to acquire, keep or possess firearms, their essential components and ammunition. A collector shall not transport or publicly display firearms from his collection or from a part thereof without a permit from the relevant competent authorities of the Member States."
Amendment 390 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, trade, exchange, hiring out, repair or conversion of paressential components of firearms;
Amendment 417 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Amendment 446 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm, Member States shall, at the time ofwithout delay after the manufacture or import of each firearm or at the time of import into the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number, in accordance with the provisions of the Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 473 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
Member States shall ensure that each elementary package of complete ammunition is marked so as to provide the name of the manufacturer, the identification batch (lot) number, the calibre and the type of ammunition and the marking certifying that the ammunition have been verified in accordance with the provisions of the Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969.
Amendment 538 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall establish rules on appropriate safe storage of firearms, essential components and ammunition, including when under transport. Member States shall lay down particularly high requirements for secure storage with respect to firearms or ammunition classified in category A.
Amendment 637 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control of the Member States. subject to strict control by the Member States and shall take place under conditions allowing verification of the identity of the person making the acquisition and of his or her right to engage in such a transaction. (*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 643 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
Amendment 765 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
Amendment 72 #
2015/0125(NLE)
Proposal for a decision
Recital 19
Recital 19
(19) The provisional emergency measures are intended to set up a fair and equitable relocation mechanism, reflecting the specific situation of Member States, to relieve the significant asylum pressure from Italy and Greece, in particular by relocating an important number of applicants in clear need of international protection who have arrived in the territory of Italy and Greece following the date on which this Decision becomes applicable. Based on the overall number of third- country nationals who have entered irregularly Italy and Greece in 2014 and the number of those who are in clear need of international protection, a total of 40 000 applicants in clear need of international protection should be relocated from Italy and Greece. This number corresponds to approximately 40% of the total number of third country nationals in clear need of international protection who have entered irregularly in Italy and Greece in 2014. Thus, the relocation measure proposed in this Decision constitutes fair burden sharing between Italy and Greece on the one hand and the other Member States on the other hand. Based on the same overall available figures in 2014 and in the first four months of 2015 in Italy compared to Greece, 60% of these applicants should be relocated from Italy and 40% from Greece. These provisional emergency measures are intended to relieve the significant asylum pressure from Italy and Greece, but are also an important test case with a view to the upcoming legislative proposal on a permanent emergency relocation scheme based on Article 78(2) TFEU.
Amendment 102 #
2014/2254(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU is undergoing a period of economic and financial crisis, and wther meas the response of the EU and the Member States has seriously compromised the wellbeing of citizens andures that had to be taken have not always been adequate in terms of improvement of the citizens' wellbeing and protection of their fundamental rights;
Amendment 105 #
2014/2254(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the European Union operates on the basis of the presumption and mutual trust that EU Member States conform with democracy, the rule of law and fundamental rights, as enshrined in the ECHR and in the Charter of Fundamental Rights, notably in relation to the development of an Area of Freedom, Security and Justice and the mutual recognition principle;
Amendment 121 #
2014/2254(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the obligations incumbent on candidate countries under the Copenhagen criteria are not only basic pre-accession requirements, but must also continue to apply after a country has joined the EU, based on article 2 TEU; whereas in the light of this, all Member States should be assessed on an ongoing basis in order to verify their continued compliance with the EU's fundamental values of democracy, the rule of law, respect for human rights and protection of minorities;
Amendment 169 #
2014/2254(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that it is essential to guarantee that the common European values listed in Article 2 TEU are upheld in full in both European and national legislation; Underlines that the European Union is bound to adopt legislation with full respect to its competences as set by the Treaties including the principle of subsidiarity;
Amendment 178 #
2014/2254(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that Article 6 TEU requires the Union to accede to the ECHR; notes Opinion 2/2013 of the Court of Justice of the European Union; calls on the Commission and the Council to draw up proposals designed to ensure that the aforementioned obligation is met as quickly as possible, on the basis of full transparency and with the aim of enhanput in place the necessary instruments in order to ensure that the aforementioned obligation enshrined into the treaties is immediately accomplished , as it will provide an additional mechanism for enforcing the protection of individuals and making the European institutions more accountable for their actions or failings regarding fundamental rights;
Amendment 180 #
2014/2254(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that it is essential for the European Union, its institutions and the Member States to guarantee respect for the common European values set out in Article 2 TEU; that all the instruments currently provided for in the treaties in this regard urgently need to be applied and implemented;
Amendment 194 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Urges the Commission to ensure that any such internal strategy is accompanied by an action plan, in order to supplement and strengthen the Strategic Framework on Human Rights and Democracy already applied in EU external relations; notes that the strategyIn order to make full use of the Treaties' provisions the Commission should:
Amendment 198 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
Amendment 202 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point a a (new)
Paragraph 4 – point a a (new)
(aa) Ensure that legislative proposals and policies comply with the Charter and respect fundamental rights, and that the impact of EU legislation and its implementation by the Member States on fundamental rights are systematically examined in the evaluation reports on the implementation of EU legislation, as well as in the annual report on monitoring the application of EU law;
Amendment 204 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point b
Paragraph 4 – point b
Amendment 209 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point b a (new)
Paragraph 4 – point b a (new)
(ba) Ensure that where it initiates legislation, makes use of the external independent expertise of the Fundamental Rights Agency (FRA), should be fully used by the Council and the European Parliament too ;
Amendment 210 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point b b (new)
Paragraph 4 – point b b (new)
(bb) Ensure that it makes full use of the existing mechanisms and launches objective evaluations and investigations and starts infringement proceedings if a case is well grounded;
Amendment 211 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point b c (new)
Paragraph 4 – point b c (new)
(bc) Intensify the cooperation with the Member States, also with the European Parliament and national parliaments, in order to improve the implementation of the existing EU human rights legislations;
Amendment 212 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point b d (new)
Paragraph 4 – point b d (new)
(bd) Recall the possibility of activating one of the mechanisms set out in Article 7 TEU;
Amendment 218 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
(c) develop, in cooperation with the FRA,encourage FRA, to create a database that collates and publishes dataall available data and reports on the situation regarding fundamental rights in the EU and in individual Member States; reiterates, in that connection, the need for the Commission to propose a revision of the FRA Regulation in order to grant the FRA wider powers;
Amendment 240 #
2014/2254(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. NotWelcomes the Commission's Communication on a new EU Framework to strengthen the rule of law; considers, however, that the proposed mechanism will not act as a sufficient deterrent when it comes to preventing and resolving fundamental rights violations in Member States;
Amendment 243 #
2014/2254(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines the need for the full use of existing mechanisms to ensure that the fundamental rights and the values of the Union referred to in Article 2 of the EU Treaty and in the Charter of Fundamental Rights are respected, protected and promoted; In this regard all the instruments currently provided for in the treaties need to be urgently applied and implemented;
Amendment 244 #
2014/2254(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 310 #
2014/2254(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores recent instances of anti-Semitic and anti-Islamic and anti- Christian discrimination and violence; calls on Member States to protect freedom of religion or belief and to promote tolerancereligious tolerance and non- discrimination;
Amendment 352 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on all member states to properly implement Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime;
Amendment 360 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Underlines that safeguarding fundamental rights in today's information society is a key issue for the EU as the growing use of information and communications technologies (ICT) poses new threats against fundamental rights in cyberspace, the protection of which should be strengthened by ensuring that they are promoted and protected online in the same way and to the same extent as in the offline world;
Amendment 367 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Urges the Commission to monitor intensively the implementation of existing EU legislation in this field and considers that Member States should apply the provisions of criminal law in practice through effective investigation and prosecution to ensure respect for the fundamental rights of the victims;
Amendment 373 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Recognizes that that wide spread of transnational cybercrime and cyber terrorism creates serious challenges and concerns about protection of fundamental rights in the online environment, which makes even more imperative the international cooperation between member states' police and law enforcement authorities in the context of the fight against cybercrime pursuant to article 87 TFEU;
Amendment 417 #
2014/2254(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that the Union and Member States should step up their measures to promote equality, combat discrimination and protect cultural, religious and linguistic diversity, and their measures relating to gender equality, the rights of the child, the rights of older persons, the rights of persons with disabilities, the rights of LGBTI persons and persons belonging to national minorities;
Amendment 473 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission and the Member States to keep the issue of violence against women high on the agenda as Gender-based violence is both a consequence of the inequalities between women and men as well as an obstacle to equality and therefore should not be tolerated; Furthermore calls on the Commission to encourage national ratifications and start the procedure for EU accession to the Istanbul Convention as quickly as possible; notes that the immediate accession of all Member States to the Istanbul Convention would lead to the development of an integrated policy and to the promotion of international cooperation in the fight against all forms of violence against women;
Amendment 479 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the EU to continue its work in ensuring equality between women and men in pay, pensions and participation in labour market, including in positions on top management. This action should help ensuring that Europe is making full use of all available talent;
Amendment 518 #
2014/2254(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. CStrongly condemns all forms of discrimination and violence on EU territory againston the basis of sexual orientation on and gender identity, and strongly regrets that the fundamental rights of lesbian, gay, transbisexual, bisexualtransgender and intersex people (LGBTI), as fostered by laws and policies that restrict the fundamental rights of these persons; calls on the Commission and Member Stat(LGTBI) people are not yet always fully upheld in the European Union; calls on the European Commission, the Member States and the relevant agencies to work jointly on a comprehensive multiannual policy to protect fundamental rights of LGTBI people; Emphasises nevertheless to adopt laws and policies to combat homophobia and transphobia; hat this comprehensive policy must respect the competences of the European Union, of its agencies, and of its Member States;
Amendment 542 #
2014/2254(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the discrimination and exclusion that persons with a mental and/or physical disability still face today; calls on the Commission and the Member States to implement the European Disability Strategypromote the integration of persons with disabilities through the European Disability Strategy 2010-2020, the ''Europe 2020'' and the European Semester and to monitor and apply the relevant European legislation;
Amendment 547 #
2014/2254(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the Commission to guide Member States in order to make use in the best way of the European structural and investments funds, which must be applied in accordance with the EU's obligations under the UNCRPD Convention;
Amendment 555 #
2014/2254(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Urges the Commission to support more NGO's, covering various aspects of disability, as well as Member States' Organisations, and to work closely with them, aiming at the proper implementation of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), launching training programs for the empowerment of these persons, gathering data and carrying out analysis;
Amendment 571 #
2014/2254(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concerns regarding investigations and convictions in connection with hate crimes in the Member States; calls on the EU to make the fight against hate crimes a priority when drawing up European policies against discrimination and in the field of justice; cCalls for a review of the fon the Member States to implement the Council Framework dDecision on racismcombating certain forms and expressions of racism, related intolerance and xenophobia;
Amendment 583 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on Member States to adopt criminal legislation prohibiting incitement to hatred on any grounds and to ensure that there is effective protection against racism of any kind based on a racial or ethnic origin, political opinions, religious or philosophical beliefs and health or sexual life;
Amendment 604 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Expresses its concern about the situation of the Roma in the European Union, and the numerous instances of persecution, violence, stigmatisation and discrimination against contrary to fundamental rights and European Union law; calls once more for the effective implementation of the strategies to foster real inclusion and for pertinent action to promote integration, particularly in the field of fundamental rights, education, employment, housing, healthcare, as well as to fight against violence, hate speech and discrimination of Roma;
Amendment 606 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Stresses that the principles of human dignity, equality before the law and the prohibition of discrimination on any grounds are foundations of rule of law; calls on Member States to adopt a national legislative framework to address all forms of discrimination and guarantee the effective implementation of the existing EU legal framework;
Amendment 610 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Stresses that the children’s rights should be fulfilled without discrimination on any grounds, regardless of their parents’ ethnic origin, nationality, religion and social, migration or residence status;
Amendment 612 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Calls on the Member States to implement Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children, and child pornography, and to strengthen the legal ability, technical capabilities and financial resources of law enforcement authorities in order to increase cooperation, including with Europol, with a view to investigating and dismantling child sex offender networks more efficiently, while prioritising the rights and safety of the children involved;
Amendment 685 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses the importance of respecting and protecting the rights of refugees and migrants, while special attention should be paid to women and children migrants; stresses the obligation to comply with international human rights conventions, particularly the Geneva Convention on the status of refugees and the principle of non-refoulement; Underlining the need for having External Relations, Development policy and Humanitarian aid interlinked and coordinated with Internal Policies for migration and internal security in order to be successful. This will require a more targeted approach including additional resources and efforts and better cooperation also amongst the competent EU institutions;
Amendment 689 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the Member States to ensure that the Common European Asylum System (CEAS) is fully established as planned, providing better access to the asylum procedure for those who seek protection and guaranteeing decent conditions both for those who apply for asylum and those who are granted international protection within the EU;
Amendment 757 #
2014/2254(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Deplores the ways in which the financial and, economic crisis and the measures taken to deal with it have had an impact – in some cases a drastic one – on economic, social and culturand sovereign debt crisis along with some economic measures that had to be taken have affected economic and social rights, often resulting in poverty, exclusion and isolation;
Amendment 769 #
2014/2254(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that, in Member States subject to economic adjustment programmes, the EU institutions are also responsible forwhich implement structural reforms in the asir sociatel and econditions; stresses that the EU institutionomic systems are always under an obligation to observe the Charter, even when acting outside the framework of EU law;
Amendment 773 #
2014/2254(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 789 #
2014/2254(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the EU institutions, when adopting and implementing austeritycorrective measures, to guarantee that sufficient resources are still made available to ensure the satisfaction of minimum essential levels of economic and social rightstandards;
Amendment 812 #
Amendment 813 #
2014/2254(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Points out that developing a common European area of justice based on mutual recognition and legal safeguards, harmonizing the different justice systems of Member States, especially in criminal matters, should remain among the high priorities of the European Institutions for the EU Justice Agenda 2020;
Amendment 814 #
2014/2254(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Underlines that fundamental rights are effective only if they are judiciable; In this context, the promotion of the effective and exemplary application of the Charter and the secondary EU legislation on fundamental rights is crucial for the trust of citizens in the proper functioning of the European area of justice;
Amendment 862 #
Amendment 3 #
2014/2216(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention of the Rights of the Child and the European Parliament resolution on the 25th anniversary of the Right of the Child adopted on the 27th November 2014;
Amendment 400 #
2014/2216(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Reiterates its call on the Commission to propose an ambitious and comprehensive Child Rights Strategy and Action Plan for the next five years, as requested in its resolution on the 25th Anniversary of the Right of the Child of 27 November 2014;
Amendment 407 #
2014/2216(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and the EEAS to continue to take action regarding the rights of the child, with a specific focus on violence against children, including torture, as cases of torture and detention of children have been reported by organisations such as UNICEF and Amnesty International; calls for particular focus on the issues of forced child labour, child marriage, enlistment of children in armed groups and their disarmament, rehabilitation and subsequent reintegration, as well as placing the issue of child witchcraft on the agenda of human rights dialogues with the countries concerned; stresses the importance of prioritising children’s rights within EU external policy, development cooperation and humanitarian aid ,in order to ensure adequate funding and increase the level of protection for children in emergency situations; calls on the VP/HR to report annually to Parliament on the results achieved with regard to child-focused EU external action;
Amendment 415 #
2014/2216(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates the need to step up efforts to implement the Revised Implementation Strategy of the EU Guidelines on Children and Armed Conflict; encourages the EU to further deepen its cooperation with the UN Special Representative for Children affected by Armed Conflicts; calls for the universal ratification of the UN Convention on the Rights of the Child, and notably the third Optional Protocol which will allow children to submit their complaints to the UN Committee on the Rights of the Child; Calls on the Commission and the High representative/Vice President of the Commission to explore ways for the EU to accede unilaterally to the UN Convention on the Rights of the Child;
Amendment 449 #
2014/2216(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; recalls that unaccompanied children are above all children and that child protection, rather than immigration policies, must be the leading principle when dealing with them, thus respecting the core principle of the best interests of the child.
Amendment 2 #
2013/2183(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in June 2013 the Council of the European Union adopted strong guidelines to promote and protect the enjoyment of all human rights by LGBTI persons within the external action ofoutside the European Union, and will only argue strongly in favour of LGBTI people’s rights if they are protected internallyshould ensure that they are protected effectively inside the EU;
Amendment 4 #
2013/2183(INI)
Motion for a resolution
Recital H
Recital H
H. whereas in May 2013 eleven Equality Ministers5 called on the Commission to issue a comprehensive EU policy for LGBT equality, and ten Member States 6 have already adopted or are discussing similar policies at national and regional levels; __________________ 5 Austria, Belgium, Croatia, Denmark, Finland, France, Italy, Luxembourg, Malta, the Netherlands, Sweden. 6 Belgium, Croatia, France, Germany, Italy, Malta, the Netherlands, Portugal, Spain, United Kingdom.
Amendment 6 #
2013/2183(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the European Commission, Member States and relevant agencies to work jointly on a comprehensive multiannual policy to protect the fundamental rights of LGBTI people over a period of five to ten years, i.e. a roadmap, a strategy or an action plan featuring the themes and objectives hereunder;
Amendment 7 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point A – point iii
Paragraph 4 – point A – point iii
(iii) Relevant European Union agencies, including the European Union Agency for Fundamental Rights (FRA), the European Institute for Gender Equality (EIGE), the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Police College (CEPOL), the European Union's Judicial Cooperation Unit (Eurojust), the European Judicial Network (EJN) and the European Asylum Support Office (EASO), should mainstream issues related to sexual orientation and gender identity in their work, and continue to provide the Commission and Member States with evidence-based advice on the fundamental rights of LGBTI people;
Amendment 8 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point A – point iv
Paragraph 4 – point A – point iv
(iv) Together with relevant agencies and Eurostat, the Commission and Member States should be encouraged to regularly collect relevant and comparable data on the situation of LGBTI persons in the EU together with relevant agencies and Eurostat, while fully respecting EU data protection rules;
Amendment 9 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point A – point v
Paragraph 4 – point A – point v
(v) Together with relevant agencies, the Commission and Member States should support and promotencourage training and capacity-building for national equality bodies, national human rights institutions and other organisations tasked with the promotion and protection of the fundamental rights of LGBTI persons;
Amendment 10 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point B – point i (new)
Paragraph 4 – point B – point i (new)
(i) Member States should consolidate the existing EU legal framework by working to adopt the proposed Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation , including by clarifying the scope and associated costs of its provisions;
Amendment 11 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point C – point i (new)
Paragraph 4 – point C – point i (new)
(i) The Commission should include a specific focus on sexual orientation when monitoring the implementation of Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, and on gender identity when monitoring the implementation of Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation,
Amendment 13 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point C – point iii (new)
Paragraph 4 – point C – point iii (new)
(iii) Equality bodies should be encouraged to inform LGBTI persons, as well as trade unions and employer organisations, about their rights;
Amendment 14 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point D – point i (new)
Paragraph 4 – point D – point i (new)
(i) The Commission should promote equality and non-discrimination on grounds of sexual orientation and gender identity throughout its youth and education programmes,
Amendment 15 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point D – point ii (new)
Paragraph 4 – point D – point ii (new)
(ii) The Commission should facilitate the sharing of good practice in formal education, including teaching materials, anti-bullying and anti-discrimination policies, among Member States through the open method of coordination,
Amendment 16 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point D – point iii (new)
Paragraph 4 – point D – point iii (new)
(iii) The Commission should facilitate the sharing of good practice throughout Member States' youth and education sectors, including youth welfare services and social work, among Member States through the open method of coordination;
Amendment 17 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point E – point i (new)
Paragraph 4 – point E – point i (new)
(i) The Commission should place LGBTI health concerns within relevant wider strategic health policies, including access to health care, equality in health, and the EU's global voice in health-related matters,
Amendment 18 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point E – point ii (new)
Paragraph 4 – point E – point ii (new)
(ii) The Commission should continue working within the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders and to ensure a non-pathologising reclassification in the negotiations on the 11th version of the International Classification of Diseases (ICD-11),
Amendment 22 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point E – point vi (new)
Paragraph 4 – point E – point vi (new)
(vi) Member States should introduce or review legal gender recognition procedures so they fully respect transgender people's right to dignity and bodily integrity;
Amendment 24 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point G – point i (new)
Paragraph 4 – point G – point i (new)
(i) The Commission should ensure gender identity is included among prohibited grounds of discrimination in any future equality legislation, including any recasts,
Amendment 27 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point H – point i (new)
Paragraph 4 – point H – point i (new)
(i) The Commission should produce guidelines to ensure the implementation of Directive 2004/38/EC on the right of Union citizens and their family members to move and reside freely within the territory of the Member States, and Directive 2003/86/EC on the right to family reunification, respect all forms of families legally recognised under Member States' national laws,
Amendment 29 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point H – point iii (new)
Paragraph 4 – point H – point iii (new)
(iii) The Commission and Member States should study whether restrictions in place for the change of civil status and identity documents for transgender people harms their ability to enjoy their right to free movement,
Amendment 32 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point I – point ii (new)
Paragraph 4 – point I – point ii (new)
(ii) Member States should refrain from adopting laws and reconsider existing laws which restrict freedom of expression in relation to sexual orientation and gender identity,
Amendment 34 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point J – point i (new)
Paragraph 4 – point J – point i (new)
(i) The Commission should monitor and provide Member States assistance with issues specific to sexual orientation, gender identity and gender expression when implementing Directive 2012/29/EU on the rights, support and protection of victims of crime, in particular when committed with a bias or discriminatory motive which could be related to their personal characteristics,
Amendment 35 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point J – point ii (new)
Paragraph 4 – point J – point ii (new)
(ii) The Commission should propose a recast of the Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law including other forms of bias crime and incitement to hatred, including on grounds of sexual orientation and gender identity,
Amendment 37 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point J – point iv (new)
Paragraph 4 – point J – point iv (new)
(iv) The Fundamental Rights Agency should assist Member States in improving their collection of comparable data about homophobic and transphobic hate crime,
Amendment 39 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point K – point i (new)
Paragraph 4 – point K – point i (new)
(i) Together with EASO and relevant agencies, and within the remit of existing EU legislation and jurisprudence, the Commission should include specific issues linked to sexual orientation and gender identity in the implementation and monitoring of asylum legislation, including Directive 2013/32/EU on common procedures for granting and withdrawing international protection, and Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection,
Amendment 40 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point K – point ii (new)
Paragraph 4 – point K – point ii (new)
(ii) Together with relevant agencies, the Commission and Member States should ensure encourage adequate training— including existing training—for asylum professionals are trained adequately, including interviewers and interpreters to handle issues related specifically to LGBTI persons,
Amendment 43 #
2013/2183(INI)
Motion for a resolution
Paragraph 4 – point L – point i (new)
Paragraph 4 – point L – point i (new)
(i) The Commission should continue its current monitoring of issues linked to sexual orientation and gender identity in accession countries,
Amendment 56 #
2013/0432(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 33 and Article 114 thereof,
Amendment 58 #
2013/0432(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The application of criminal sanctions should be a matter for the competence of the Member States alone.
Amendment 59 #
2013/0432(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) This Directive should be in line with Regulation (EU) No 952/2013 of the European Parliament and of the Council1. _______________________________ 1 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 60 #
2013/0432(COD)
Proposal for a directive
Recital 3
Recital 3
(3) That disparity of Member States' legal systems affects not only affects the optimal management of the cCustoms uUnion, but also prevents thathinders the achievement of a level playing field is achieved for economic operators in the cCustoms uUnion becauseas it has an impact on their access to customs simplifications and facilitations. Uniformity of the principles governing the way in which customs infringements should be handled by the different customs authorities is needed in order to ensure the proper functioning of the internal market.
Amendment 61 #
2013/0432(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The legal frameworkminimum requirements for the enforcement of Union customs legislation provided for in this Directive isare consistent with the legislation in force regarding the safeguarding of the financial interests of the Union9. The customs infringements covered by the framework establishedminimum requirements laid down by this Directive include customs infringements that have an impact on those financial interests while not falling under the scope of the legislation safeguarding them by means of criminal law and customs infringements that do not have an impact on the financial interests of the Union at all. __________________ 9 Proposal for a Directive of the European Parliament and of the Council on the fight against fraud to the Union's financial interests by means of criminal law (COM(2012)363).
Amendment 62 #
2013/0432(COD)
Proposal for a directive
Recital 6
Recital 6
(6) A list of behaviour which should be considered as infringing Union customs legislation and give rise to sanctions should be established. Those customs infringements should be fully based on the obligations stemming from the customs legislation with direct references to the Code. This Directive does not determine whetherprovides that Member States should apply administrative or criminal law sanctions in respect of those customs infringements. sanctions in respect of those customs infringements. However, this does not affect the possibility for Member States to impose criminal sanctions where a customs infringement falls within the scope of their national laws providing for the imposition of criminal sanctions.
Amendment 63 #
2013/0432(COD)
Proposal for a directive
Recital 6
Recital 6
(6) A list of behaviour which should be considered as infringing Union customs legislation and give rise to sanctions should be established. Those customs infringements should be fully based on the obligations stemming from the customs legislation with direct references to the Code. This Directive does not determine whether Member States should apply administrative or criminal law sanctions in respect of those customs infringements. This Directive provides that Member States should apply administrative sanctions in respect of those customs infringements.
Amendment 74 #
2013/0432(COD)
Proposal for a directive
Recital 14
Recital 14
(14) A suspension of administrative proceedings concerning customs infringements should be provided for where criminal proceedings have been initiated against the same person in connection with the same facts. The continuation of the administrative proceedings after the completion of the criminal proceedings should be possible only in strict conformity with the ne bis in idem principle, meaning that the same offence must not be penalised twice.
Amendment 75 #
2013/0432(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Taking into account the objective of this Directive, namely to ensure effective enforcement of the Union customs legislation, the Commission should take a holistic approach to enforcement in order to assess whether further action is needed to ensure effectiveness of enforcement of the Union customs legislation following the submission of the Commission report on the application of this Directive as referred to in Article 18 of this Directive.
Amendment 84 #
2013/0432(COD)
Proposal for a directive
Article 2
Article 2
Member States shall lay down rules on sanctions in respect of the customs infringements set out in Articles 3 to 6 in strict conformity with the ne bis in idem principle.
Amendment 86 #
2013/0432(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Member States shall ensure that the acts or omissions set out in Articles 3 to 6 only constitute customs infringements where they are committed by negligence or intentionally.
Amendment 88 #
2013/0432(COD)
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Clerical errors or mistakes committed without negligence or intent shall not constitute a customs infringement.
Amendment 90 #
2013/0432(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 94 #
2013/0432(COD)
Proposal for a directive
Article 3 – introductory part
Article 3 – introductory part
Member States shall ensure that the following acts or omissions constitute minor customs infringements irrespective of any element of fault:
Amendment 100 #
2013/0432(COD)
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) failure of a person bringing goods into the customs territory of the Union to comply with the obligations relating to the conveyance of the goods in the appropriate place in accordance with Article 135(1) of the Code, or to inform customs authorities immediately when the obligations cannot be complied with in accordance with Article 137(1) and (2) of the Code and of the whereabouts of the goods;
Amendment 101 #
2013/0432(COD)
Proposal for a directive
Article 3 – point j
Article 3 – point j
(j) failure of the economic operatorperson keeping the goods in its approved storage facility or in other places designated or approved by the customs authorities responsible for non- Union goods which are in temporary storage to place those goods under a customs procedure or to re-export them within the time limit in accordance with Article 149 of the Code;
Amendment 102 #
2013/0432(COD)
Proposal for a directive
Article 3 – point o
Article 3 – point o
Amendment 103 #
2013/0432(COD)
Proposal for a directive
Article 3 – point p
Article 3 – point p
(p) construction of a building in a free zone without the prior approval of the customs authorities in accordance with Article 244(1) of the Code;
Amendment 104 #
2013/0432(COD)
Proposal for a directive
Article 3 – point q
Article 3 – point q
Amendment 107 #
2013/0432(COD)
Proposal for a directive
Article 4 – point b
Article 4 – point b
(b) failure of thean economic operator to provide customs authorities withsupply, in response to a request by the customs authorities, the requisite documents and information in an appropriate form and within a reasonable time, and to provide all the assistance necessary for the completion of the customs formalities or controls in accordance with Article 15(1) of the Code;
Amendment 108 #
2013/0432(COD)
Proposal for a directive
Article 4 – point d
Article 4 – point d
Amendment 112 #
2013/0432(COD)
Proposal for a directive
Article 5 – point b – introductory part
Article 5 – point b – introductory part
(b) the use of false statements or any other irregular meaninaccurate or incomplete information or inauthentic, inaccurate or invalid documents by an economic operator in order to obtain an authorisation from the customs authorities:
Amendment 113 #
2013/0432(COD)
Proposal for a directive
Article 5 – point c
Article 5 – point c
(c) introduction or exit of goods into or from the customs territory of the Union without presenting them to customs authorities in good time in accordance with Articles 139, 245, or Article 267(2) of the Code;
Amendment 121 #
2013/0432(COD)
Proposal for a directive
Article 5 – point g
Article 5 – point g
Amendment 129 #
2013/0432(COD)
Proposal for a directive
Article 9 – introductory part
Article 9 – introductory part
Member States shall ensure that effective, proportionate and, dissuasive and non- criminal sanctions are imposed for the customs infringements referred to in Article 3 in addition to recovering the duties evaded, within the following limits:
Amendment 133 #
2013/0432(COD)
Proposal for a directive
Article 9 – point a
Article 9 – point a
(a) where the customs infringement relates to specific goodsis linked to the duties evaded, a pecuniary fine ofrom 1 % up to 5 0% of the value of the goodsduties evaded;
Amendment 136 #
2013/0432(COD)
Proposal for a directive
Article 9 – point b
Article 9 – point b
(b) where the customs infringement is not relatlinked to specific goodsthe duties evaded, a pecuniary fine ofrom EUR 150 up to EUR 7 500.
Amendment 144 #
2013/0432(COD)
Proposal for a directive
Article 11 – introductory part
Article 11 – introductory part
Member States shall ensure that effective, proportionate and, dissuasive and non- criminal sanctions are imposed for the customs infringements referred to in Articles 5 and 6 in addition to recovering the duties evaded, within the following limits:
Amendment 148 #
2013/0432(COD)
Proposal for a directive
Article 11 – point a
Article 11 – point a
(a) where the customs infringement relates to specific goodsis linked to the duties evaded, a pecuniary fine of up to 30 100% of the value of the goodsduties evaded;
Amendment 152 #
2013/0432(COD)
Proposal for a directive
Article 11 – point b
Article 11 – point b
(b) where the customs infringement is not relatlinked to specific goodsthe duties evaded, a pecuniary fine of up to EUR 45 000.
Amendment 154 #
2013/0432(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Possibility of imposing criminal sanctions Member States may opt to apply criminal sanctions where a customs infringement falls within their national laws providing for the imposition of criminal sanctions.
Amendment 156 #
2013/0432(COD)
Proposal for a directive
Article 11 b (new)
Article 11 b (new)
Article 11b Other non-criminal sanctions for customs infringements referred to in Articles 5 and 6 In addition to the sanctions listed in Articles 9 and 11, Member States may impose the following non-pecuniary sanctions where a serious infringement is committed: (a) confiscation of goods; (b) revocation of the status of authorised economic operator in the case of a serious infringement as referred to in Article 5 or in the case of a customs infringement which is committed more than once as referred to in Articles 3 to 6; (c) suspension of an authorisation which has been granted.
Amendment 158 #
2013/0432(COD)
Proposal for a directive
Article 12 – title
Article 12 – title
Amendment 160 #
2013/0432(COD)
Proposal for a directive
Article 12 – introductory part
Article 12 – introductory part
Member States shall ensure that, when determining the type and the level of sanctions for the customs infringements referred to in Articles 3 to 6, the competent authorities shall take into account all relevant circumstances, including, where appropriate: the following aggravating circumstances, resulting in the sanction being increased within the limits laid down in Articles 9 and 11. Aggravating circumstances shall also be taken into consideration from the very beginning of the process, that is to say, during the determination of whether a customs infringement has been committed and taking into account the principle of proportionality and the appropriateness of the sanctions. The classification of the customs infringement in terms of its gravity and the amount of the sanction to be imposed shall be increased within the limits laid down in this Directive where the competent authorities find that there are aggravating circumstances, such as:
Amendment 166 #
2013/0432(COD)
Proposal for a directive
Article 12 – point a a (new)
Article 12 – point a a (new)
(aa) commission of the same or a similar or linked infringement;
Amendment 171 #
2013/0432(COD)
Proposal for a directive
Article 12 – point e
Article 12 – point e
(e) the level of cooperation ofrefusal by the person responsible for the infringement to cooperate or to cooperate fully with the competent authority;
Amendment 174 #
2013/0432(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Mitigating circumstances Member States shall ensure that, when determining the type and the level of sanctions to be imposed for customs infringements as referred to in Articles 3 to 6, the competent authorities take into account any of the following mitigating circumstances that may apply, resulting in the sanction being decreased within the limits laid down in Articles 9 and 11. Mitigating circumstances shall also be taken into consideration from the very beginning of the process, that is to say, during the determination of whether a customs infringement has been committed and taking into account the principle of proportionality and the appropriateness of the sanctions. The classification of a customs infringement and the amount of the sanction to be imposed should be decreased within the limits laid down in this Directive where the competent authorities find that there are mitigating circumstances, such as: (a) voluntary disclosure of the infringement, provided that the infringement is not yet the subject of any investigation of which the person responsible for the infringement has knowledge; (b) the person responsible for the infringement is able to show that he or she is making a significant effort to align with the Union customs legislation by demonstrating a move towards a high level of control of his or her operations, such as by setting-up of a compliance system; (c) the nature of the activities and size of the economic operator concerned and the level of impact on the Union's financial interests.
Amendment 176 #
2013/0432(COD)
Proposal for a directive
Article 12 b (new)
Article 12 b (new)
Article 12b Compliance Member States shall ensure that guidelines and publications on how to comply and continue to comply with Union customs legislation are made available to interested parties in an easily accessible, understandable and up-to-date form.
Amendment 177 #
2013/0432(COD)
Proposal for a directive
Article 12 c (new)
Article 12 c (new)
Article 12c Settlement Member States shall ensure the possibility of a settlement as a procedure allowing the competent authorities to enter into an agreement with the person responsible for the customs infringement to settle the matter of such infringement as an alternative to initiating or pursuing legal proceedings for the imposition of a sanction. Member States shall ensure that such a possibility accords with the principle of equal treatment and that the outcome of the procedure is published.
Amendment 182 #
2013/0432(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that the limitation period is interrupted by any act ofn the competent authority, notified to the person in question,part of the person responsible for the infringement relating to an investigation or legal proceedings concerning the same customs infringement. The limitation period shall startcontinue to run on the day ofn which the interrupting act comes to an end.
Amendment 191 #
2013/0432(COD)
Proposal for a directive
Article 18 - paragraph 1 a (new)
Article 18 - paragraph 1 a (new)
Following the submission of that report, and only if further action is deemed necessary in order to ensure an effective enforcement of Union customs legislation, the Commission shall submit a report to the European Parliament and the Council on the other elements of the enforcement of Union customs legislation, such as supervision, control and investigation.
Amendment 118 #
2013/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. In the territorial sea of the host Member State or a participating Member State, the participating units shallmay take one or more of the following measures when there are reasonable grounds to suspect that a ship is carrying persons intending to circumvent checks at border crossing points or is engaged in the smuggling of migrants by sea:
Amendment 130 #
2013/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) conducting the ship or persons on board to the host Member State or to another Member State participating in the operation, or to the coastal Member State.
Amendment 134 #
2013/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The host Member State or the participating Member State on whose territorial sea the interception takes place shallmay authorise one or more of the measures referred to in paragraph 1 and it shall instruct the participating unit appropriately through the International Coordination Centre. The participating unit shall inform the host Member State, through the International Coordination Centre, whenever the master of the ship requests that a diplomatic agent or a consular officer of the flag State be notified.
Amendment 136 #
2013/0106(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where there are reasonable grounds to suspect that a ship without nationality or one that may be assimilated to a ship without nationality is carrying persons intending to circumvent the checks at border crossing points or is engaged in the smuggling of migrants by sea, the host Member State or the participating Member State in whose territorial sea the stateless ship is intercepted shallmay authorise and instruct the participating unit to stop it and to take anyone or more of the measures laid down in paragraph 1.
Amendment 141 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. On the high seas, the participating units shallmay take one or more of the following measures when there are reasonable grounds to suspect that a ship is engaged in the smuggling of migrants by sea subject to the authorisation of the flag State in accordance with the Protocol against the Smuggling of Migrants:
Amendment 152 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point g
Article 7 – paragraph 1 – point g
(g) conducting the ship or persons on board to the host Member State or to another Member State participating in the operatiounder the jurisdiction of which such action is taken.
Amendment 155 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the ship is flying the flag or displays the marks of registry of the host Member State or of a participating Member State, that Member State shallmay, after confirming the nationality of the ship, authorise one or more of the measures laid down in paragraph 1.
Amendment 156 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Where, in the cases referred to in paragraphs 4 or 5, the suspicions regarding the nationality of the ship prove to be founded, the host Member State or the participating Member State shallmay authorise one or more of the measures laid down in paragraph 1.
Amendment 158 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. The national official representing the host Member State or a participating Member State at the International Coordination Centre shall be dresignated under national law as ponsible to facilitate communications with the relevant authority for theies of the Member State concerned in seeking authorisation to verify the right of a ship to fly theits flag of the Member State concerned or to take any of the measures laid down in paragraph 1.
Amendment 164 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. DuringBefore a sea operation, participating units shall render assistance to any ship or person in distress at seaMember States shall instruct their participating units to comply with the obligation to render assistance to any ship or person in distress at sea, in accordance with applicable provisions of international Conventions governing search and rescue and fundamental rights. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.
Amendment 169 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. When facing, in the course of a sea operation, a situation of uncertainty, alert or distress as regards a ship or any person on board, the participating unit shall forward as soon as possible all available information to the Rescue Coordination Centre responsible for the search and rescue region in which the situation occurs.
Amendment 170 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 171 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 172 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 173 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 178 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
Amendment 180 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
Amendment 182 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 9
Article 9 – paragraph 9
Amendment 183 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 10
Article 9 – paragraph 10
Amendment 188 #
2013/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. TFor the purposes of sea operations coordinated by the Agency, the modalities for the disembarkation of the persons intercepted or rescued in a sea operation shall be set out in the operational plan. Those modalities for disembarkation shall not have the effect of ime participating units shall cooperate with the responsing obligations on Member States not participating in the sea operation unless they expressly provide authorisation for meable Rescue Coordination Centre to provide a suitable port or place of safety for the rescued persons and to ensures to be taken in their territorial sea or contiguous zone in accordance with Article 6(4) or Article 8(2)heir rapid and effective disembarkation. The modalities shall be in accordance with international law and relevant bilateral agreements which comply with international law.
Amendment 191 #
2013/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 194 #
2013/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 196 #
2013/0106(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 200 #
2013/0106(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 59 #
2013/0081(COD)
Proposal for a directive
Recital 33
Recital 33
(33) In order to allow third-country national students to better cover part of the cost of their studies, they should be given increased access to the labour market under the conditions set out in this Directive, meaning a minimum of 20 hours per week. The principle of access for students to the labour market should be a general rule. However, in exceptional circumstances Member States should be able to take into account the situation of their national labour markets, although this must not risk entirely negating the right to work.
Amendment 62 #
2013/0081(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The provisions of this Directive are without prejudice to the competence of the Member States to regulate the volumes ofdecide on the number of authorisations to grant for admission of third-country nationals for the purpose of work, depending on their national labour market.
Amendment 106 #
2013/0081(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Students, school pupils, volunteers, unremunerated trainees and au pairs, irrespective of whether they are allowed to work in accordance with Union or national law, shall be entitled to equal treatment in relation to access to goods and services and the supply of goods and services made available to the public, except procedures for obtaining housing as provided for by national law.
Amendment 171 #
2013/0025(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Competent authorities should ensure that, in regard to currency exchange offices, trust and company service providers or gambling service providers, the persons who effectively direct the business of such entities and the beneficial owners of such entities are fit and proper persons. The criteria for determining whether or not a person is fit and proper should, as a minimum, reflect the need to protect such entities from being misused by their managers or beneficial owners for criminal purposes. Without prejudice to any future Union legislation in areas not yet harmonised, the aim and scope of the licence or of the authorisation imposed for the purpose of this Directive, should only cover matters falling under this Directive.
Amendment 466 #
2013/0025(COD)
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall provide that currency exchange offices and, trust or company service providers shall be licensed or registered and providers of gambling services be authorisedregulated for the purpose of ensuring that the persons who effectively direct or will direct the business of such entities or the beneficial owners of such entities are fit and proper persons.
Amendment 56 #
2012/2263(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the lack of reliable official data on unaccompanied minors; calls on the Member States and the European Union to establish a coordinated method for gathering information in each Member State, by means of platforms bringing together all parties involved in the problem of unaccompanied minors, and to draw up a list of national contact pointsand sharing information, and to make better use of the existing tools available to collect statistics data at the European level, such as Fronted and EASO;
Amendment 128 #
2012/2263(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Deplores the unsuitable and intrusive nature of the medical techniques used to ascertain age in some Member States; recommends that the Commission establish a common methodinclude in the strategic guidelines best practices for ascertaining age, consisting of a multidisciplinary assessment, performed by independent, trained practitioners, and with minors always being given the benefit of the doubt; considers that it should be possible to appeal against the results of this assessment; welcomes the work of the European Asylum Support Office (EASO) on this subject, which should be taken as a basis for dealing with all minors;
Amendment 136 #
2012/2263(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States, as soon as a minor arrives within their territory and until a lasting solution has been found, to appoint a person responsible for accompanying, assisting and representing him in all procedures; calls furthermore for this person to have specific training in the problems associated with unaccompanied minors and to act completely independently; calls on the Commission to establish common standardinclude in the strategic guidelines best practices concerning the mandate, functions, qualifications and skills of this person;
Amendment 201 #
2012/2263(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to proposeinclude in its strategic guidelines a common reference framework outlining a series of conditions to be met before a minor can be returned, respecting the overriding interests of the child; reiterates in the strongest terms that no decision to return a minor may be taken if it endangers the minor's life, security or fundamental rights or those of his or her family, and that the individual circumstances of each minor must be taken into account; calls on Member States to establish monitoringcooperation arrangements to ensure the protection of minors after their return, in cooperation with countries of origin and transit;with countries of origin and transit and with international and local NGOs in order to ensure the protection of minors after their return.
Amendment 2 #
2012/0309(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu is no longer justified. These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II.
Amendment 4 #
2012/0309(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.
Amendment 6 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;
Amendment 7 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 2 – point a – two last references
Article 1 – point 2 – point a – two last references
"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"
Amendment 59 #
2012/0082(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Regulation shall not affect the sovereign fiscal rights of Member States to charge and levy the applicable taxes with regard to vehicles to which this Regulation applies.
Amendment 60 #
2012/0082(COD)
Proposal for a regulation
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. This Regulation shall not affect the right of Member States to take the necessary measures at law to prevent tax avoidance with respect to vehicles to which this Regulation applies.
Amendment 51 #
2011/0023(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the European Parliament resolution of 11 February 2015 on anti-terrorism measures (2015/2530(RSP)),
Amendment 106 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union, intra-EU flights from one Member State to another Member State and domestic flights with a final destination in the same Member State and non-carrier economic operators when involved in booking such flights.
Amendment 113 #
2011/0023(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Air carriers already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers and non-carrier economic operators to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers and non-carrier economic operators.
Amendment 115 #
2011/0023(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Non-carrier economic operators, such as travel agencies and tour operators, sell package tours making use of charter flights for which they collect and process PNR data from their customers, yet without necessarily transferring the data to the airline operating the passenger flight.
Amendment 120 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 ofapplied in this Directive should be the same as in Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38 . However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to as amended by Council decision 2008/919/JHA. The term serious crime applied in this dDirective would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimeencompasses the crimes listed in Article 2.1. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 134 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lisdata sets should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 139 #
2011/0023(COD)
Proposal for a directive
Recital 15
Recital 15
(15) There are two possible methods of data transfer currently available: the ‘pull’ method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier’s reservation system and extract (’pull’) a copy of the required data, and the ‘push’ method, under which air carriers and non-carrier economic operators transfer (’push’) the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The ‘push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers and non-carrier economic operators.
Amendment 143 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers and non-carrier economic operators to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers and non-carrier economic operators failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 161 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 173 #
2011/0023(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) PNR data should be processed to the greatest extent possible in a masked out way in order to ensure a highest level of data protection by making it impossible for those having access to masked out data to identify a person and to draw conclusions as to what persons are related to that data. Re-identifying masked out data is possible only under conditions ensuring a high level of data protection.
Amendment 203 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 207 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers and non- carrier economic operators are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 227 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member Staterelating to passenger flights between EU Member States and third countries, for intra-EU flights and domestic flights, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 231 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall also apply to non- carrier economic operators that gather or store PNR data on passenger flights planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member States with a final destination in a third country, to intra-EU-flights and to domestic flights;
Amendment 239 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) Thepurposes of prevention, detection, investigation and prosecution of terrorist offences, and serious crime according to Article 4 (2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d). or the prevention of immediate and serious threats to public security. deleted deleted
Amendment 253 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'intra-EU flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in another Member State, including any transfer of transit flights;
Amendment 254 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) 'domestic flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in the same Member State;
Amendment 257 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements captured and retained electronically by the air carrier or the non-carrier economic operators in its normal course of business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities. Passenger data includes data created by air carriers or non-carrier economic operators for each journey booked by or on behalf of any passenger and contained in carriers' reservation systems, DCS, or equivalent systems providing similar functionality. PNR data consists of the data fields set out in the Annex;
Amendment 260 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘'reservation systems’' means the air carrier’'s or the non-carrier economic operator's internal inventory system, in which PNR data are collected for the handling of reservations;
Amendment 262 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) Non-carrier economic operator means an economic operator, such as travel agencies and tour operators, that provides travel-related services, including the bookings of flights for which they collect and process PNR data of passengers;
Amendment 264 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’push method’ means the method whereby air carriers transfer the required PNR dataand non-carrier economic operator transfer their existing PNR data listed in the Annex to this Directive into the database of the authority requesting them;
Amendment 268 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘terrorist offences’ means the offences under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA; on combating terrorism as amended by Council decision 2008/919/JHA.
Amendment 296 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) Masked out means rendering certain data elements of PNR data indecipherable to a user, without deleting them (e.g. by the means of applying a cryptographic state-of-the-art function to the elements of clear text data making a passenger identifiable); elements that are rendered indecipherable must comprise all elements making a passenger identifiable. Identical clear text data may result in identical masked out data in order to make it possible to match data without identifying the persons who are subject to that data.
Amendment 303 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime and the prevention of immediate and serious threats to public security or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers and non-carrier economic operators, storing them, analyprocessing them and transmitting the result of the analysisPNR data or the result of the processing thereof to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authoritieThe Passenger Information Unit is also responsible for the exchange of PNR data or the result of the processing thereof with Passenger Information Unit of other Member States in accordance with Article 7. Its staff members may be seconded from competent public authorities. It shall be provided with adequate resources in order to fulfil its tasks.
Amendment 324 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 333 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers and the non-carrier economic operators, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected only by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers and non-carrier economic operators include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 344 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5 as well as Europol. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in accordance with this Directive, and may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 382 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s raceracial or ethnic origin, political opinions, religious or philosophical belief, political opinions, trade union membership, health or sexual life.
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 418 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or the prevention of immediate and serious threats to public security.
Amendment 429 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious crime or the prevention of immediate and serious threats to public security.
Amendment 446 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers and non-carrier economic operators transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier and the non-carrier economic operator that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers and the non-carrier economic operators shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 457 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers and non-carrier economic operator shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security:
Amendment 461 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once, 24 to 48 hours before the scheduled time for flight departure;
Amendment 469 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and non-carrier economic operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 476 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers and non-carrier economic operator shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 485 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considersand to Europol where any elements indicate such a transfer to be necessaryhelpful for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. The Passenger Information Units of the receiving Member States shallmay transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities through using their Passenger Information Unit and using Europol's existing Secure Information Exchange Network Application (SIENA).
Amendment 492 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1),and have not yet been masked out and, if necessary, also the result of theany processing of PNR data. Thethereof, if it has already been prepared pursuant to Article 4(2)(a). The duly reasoned request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b)ossible.
Amendment 501 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in responhave been already masked out. The Passenger Information Unit shall only provide the full PNR data where it is reasonably believed that it is necessary for the purpose of Article 4(2)(b) and only when authorised to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimedo so by an authority competent under Article 9(3).
Amendment 512 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public securitywhen necessary in cases of emergency and under the conditions laid down in paragraph 2 and 3 may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. The requests from the competent authorities, a copy of which shall always be sent to the Passenger Information Unit of the requesting Member State, shall be reasoned. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 524 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime or to prevent an immediate and serious threat to public security, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter’s territory at any time.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 675 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- carrier economic operators
Amendment 679 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers and non-carrier economic operators which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive.
Amendment 687 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 689 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers which collect contact details for passengers who have booked their flights through a travel agency or other travel intermediary shall be prohibited from using those data for marketing purposes.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 776 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a